76 599
2001
107 th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report
107 333
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2002
CONFERENCE REPORT
to accompany
S. 1438
[Graphic Image Not Available]
December 12, 2001.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002
76 599
2001
107 th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report
107 333
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2002
CONFERENCE REPORT
to accompany
S. 1438
[Graphic Image Not Available]
December 12, 2001.--Ordered to be printed
C O N T E N T S
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE 387
Summary Statement of Conference Action 387
Summary Table of Authorizations 387
Congressional Defense Committees 394
Committee Reports 394
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS 394
Title I--Procurement 394
Procurement overview
394
Management reform initiatives
396
Aircraft Procurement, Army--Overview
396
Missile Procurement, Army--Overview
400
Procurement of Weapons and Tracked Combat Vehicles, Army--Overview
404
Procurement of Ammunition, Army--Overview
409
Other Procurement, Army--Overview
415
Chemical Agents and Munitions Destruction, Army--Overview
432
Aircraft Procurement, Navy--Overview
434
Weapons Procurement, Navy--Overview
440
Procurement of Ammunition, Navy and Marine Corps--Overview
445
Shipbuilding and Conversion, Navy--Overview
449
Other Procurement, Navy--Overview
452
Procurement, Marine Corps--Overview
466
Aircraft Procurement, Air Force--Overview
473
High altitude endurance unmanned aerial vehicle
482
Missile Procurement, Air Force--Overview
482
Procurement of Ammunition, Air Force--Overview
486
Other Procurement, Air Force--Overview
489
Procurement, Defense-Wide--Overview
498
Chemical Agents and Munitions Destruction, Defense--Overview
505
Items of Special Interest
507
Acquisition programs at the National Reconnaissance Office
507
Acquisition programs at the National Security Agency
508
Airborne signals intelligence recapitalization and modernization
509
Arleigh Burke-class destroyer procurement
510
Attack submarine force structure study
510
Legislative Provisions Adopted
511
Subtitle A--Authorization of Appropriations
511
Authorization of appropriations (secs. 101 107)
511
Chemical agents and munitions destruction, Defense (sec. 106)
511
Subtitle B--Army Programs
511
Repeal of limitations on bunker defeat munitions program (sec. 111)
511
Extension of pilot program on sales of manufactured articles and
services of certain Army industrial facilities without regard to
availability from domestic sources (sec. 112)
512
Limitations on acquisition of interim armored vehicles and deployment
of interim brigade combat teams (sec. 113)
512
Subtitle C--Navy Programs
513
Virginia class submarine program (sec. 121)
513
Multiyear procurement authority for F/A 18E/F aircraft engines (sec.
122)
513
V 22 Osprey aircraft program (sec. 123)
514
Report on status of V 22 Osprey aircraft before resumption of flight
testing (sec. 124)
514
Subtitle D--Air Force Programs
514
Multiyear procurement authority for C 17 aircraft (sec. 131)
514
Legislative Provisions Not Adopted
515
Additional amount for Shipbuilding and Conversion, Navy
515
Destruction of existing stockpile of lethal chemical agents and
munitions
515
Extension of multiyear contract for Family of Medium Tactical Vehicles
515
Procurement of additional M291 skin decontamination kits
515
Title II--Research, Development, Test, and Evaluation
516
Research, Development, Test, and Evaluation overview
516
Management reform initiatives
518
Research, Development, Test and Evaluation Army--Overview
518
Army missile defense technology
535
Comanche
535
Rapid acquisition program for transformation
536
Tactical high energy laser
536
Thermionics technology
536
Research, Development, Test and Evaluation, Navy--Overview
536
Follow-on support jamming aircraft
557
Future destroyer program
557
Littoral support craft-experimental
557
Research, Development, Test and Evaluation, Air Force Overview
558
Joint Strike Fighter
574
Low cost launch technologies
574
Special aerospace materials and materials manufacturing processes
575
Research, Development, Test and Evaluation, Defense-Wide--Overview
575
Arrow missile defense system
591
Ballistic missile defense advanced technology
591
Common database asset for biological security
591
Items of Special Interest
592
Navy research and development budget exhibits
592
Legislative Provisions Adopted
592
Subtitle A--Authorization of Appropriations
592
Authorization of appropriations (secs. 201 202)
592
Supplemental authorization of appropriations for fiscal year 2001 for
Research, Development, Test, and Evaluation Defense-Wide (sec. 203)
592
Subtitle B--Program Requirements, Restrictions, and Limitations
593
Naval surface fire support assessment (sec. 211)
593
Collaborative program for development of advanced radar systems (sec.
212)
593
Repeal of limitations on total cost of engineering and manufacturing
development for F 22 aircraft program (sec. 213)
594
Joint biological defense program (sec. 214)
594
Cooperative Department of Defense-Department of Veterans Affairs
Medical Research Program (sec. 215)
594
C 5 aircraft reliability enhancement and reengining program (sec. 216)
594
Subtitle C--Ballistic Missile Defense
595
Transfer of responsibility for procurement for missile defense
programs from Ballistic Missile Defense Organization to military
departments (sec. 231)
595
Program elements for Ballistic Missile Defense Organization (sec. 232)
595
Ballistic missile defense budget justification
596
Support of ballistic missile defense activities of the Department of
Defense by the National Defense Laboratories of the Department of Energy
(sec. 233)
597
Missile defense testing initiative (sec. 234)
598
Construction of test bed facilities for missile defense system (sec.
235)
598
Subtitle D--Air Force Science and Technology for the 21st Century
598
Air Force science and technology for the 21st Century Act (sec. 251 252)
598
Study and report on effectiveness of Air Force science and technology
program changes (sec. 253)
599
Subtitle E--Other Matters
599
Establishment of unmanned aerial vehicle joint operational test bed
system (sec. 261)
599
Demonstration project to increase small business and university
participation in Office of Naval Research efforts to extend benefits of
science and technology research to fleet (sec. 262)
599
Communication of safety concerns from operational test and evaluation
officials to program managers (sec. 263)
600
Legislative Provisions Not Adopted
600
Big Crow
600
C 5 aircraft modernization
600
Enhanced scramjet mixing
600
Management responsibility for Navy mine countermeasures programs
600
Review of alternatives to the V 22 Osprey aircraft
601
Special operations forces command, control, communications,
computers, and intelligence systems threat warning and situational
awareness program
601
Technology ``Challenge'' program
601
Technology transition initiative
601
Title III--Operation and Maintenance
601
Overview
601
Management reform initiatives
632
Combating terrorism initiative
632
Commercial imagery to support military requirements
632
Legislative Provisions Adopted
633
Subtitle A--Authorization of Appropriations
633
Authorization of appropriations (secs. 301 302)
633
Armed Forces Retirement Home (sec. 303)
633
Transfer from National Defense Stockpile Transaction Fund (sec. 304)
634
Funds for renovation of Department of Veterans Affairs facilities
adjacent to Naval Training Center Great Lakes, Illinois (sec. 305)
634
Defense Language Institute Foreign Language Center expanded Arabic
language program (sec. 306)
634
Subtitle B--Environmental Provisions
634
Inventory of unexploded ordnance, discarded military munitions, and
munitions constituents at defense sites (other than operational ranges)
(sec. 311)
634
Establishment of new program element for remediation of unexploded
ordnance, discarded military munitions, and munitions constituents (sec.
312)
635
Assessment of environmental remediation of unexploded ordnance,
discarded military munitions, and munitions constituents (sec. 313)
635
Conformity of surety authority under environmental restoration
program with surety authority under CERCLA (sec. 314)
635
Elimination of annual report on contractor reimbursement for costs of
environmental response actions (sec. 315)
635
Pilot program for sale of air pollution emission reduction incentives
(sec. 316)
635
Department of Defense energy efficiency program (sec. 317)
636
Procurement of alternative fueled and hybrid light duty trucks (sec.
318)
636
Reimbursement of Environmental Protection Agency for certain response
costs in connection with Hooper Sands site, South Berwick, Maine (sec.
319)
636
River mitigation studies (sec. 320)
636
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
637
Commissary benefits for new members of the Ready Reserve (sec. 331)
637
Reimbursement for use of commissary facilities by military
departments for purposes other than commissary sales (sec. 332)
637
Public releases of commercially valuable information commissary
stores (sec. 333)
637
Rebate agreements with procedures of foods provided under special
supplemental food program (sec. 334)
637
Civil recovery for nonappropriated fund instrumentality costs related
to shoplifting (sec. 335)
638
Subtitle D--Workforce and Depot Issues
638
Revision of authority to waive limitation on performance of
depot-level maintenance (sec. 341)
638
Exclusion of certain expenditures from limitation on private sector
performance of depot-level maintenance (sec. 342)
638
Protections for purchasers of articles and services manufactured or
performed by working-capital funded industrial facilities of the
Department of Defense (sec. 343)
638
Revision of deadline for annual report on commercial and industrial
activities (sec. 344)
639
Pilot manpower reporting system in Department of the Army (sec. 345)
639
Development of Army Workload and Performance System and Wholesale
Logistics Modernization Program (sec. 346)
639
Subtitle E--Defense Dependents Education
640
Assistance to local educational agencies that benefit dependents of
members of the armed forces and Department of Defense civilian employees
(sec. 351)
640
Impact aid for children with severe disabilities (sec. 352)
640
Availability of auxiliary services of defense dependents' education
system for dependents who are home school students (sec. 353)
640
Comptroller General study of adequacy of compensation provided for
teachers in the Department of Defense overseas dependents' schools (sec.
354)
640
Subtitle F--Other Matters
641
Availability of excess defense personal property to support
Department of Veterans Affairs initiative to assist homeless veterans
(sec. 361)
641
Incremental implementation of Navy-Marine Corps Intranet contract
(sec. 362)
641
Comptroller General Study and Report of National Guard Distributive
Training Technology Project (sec. 363)
642
Reauthorization of warranty claims recovery pilot program (sec. 364)
643
Evaluation of current demonstration programs to improve quality of
personal property shipments of members (sec. 365)
643
Sense of Congress regarding security to be provided at 2002 Winter
Olympic Games (sec. 366)
643
Legislative Provisions Not Adopted
644
Applicability of core logistics capability requirements to nuclear
aircraft carriers
644
Authorization of additional funds
644
Consequence management training
644
Critical infrastructure protection initiative of the Navy
644
Environmental restoration, Formerly Used Defense Sites
644
Expansion of entities eligible for loan, gift, and exchange of
documents, historical artifacts, and obsolete combat materiel
645
Funding for land forces information operations sustainment
645
Improvements in instrumentation and targets at Army live-fire
training ranges
645
Limitation on workforce reviews
645
Title IV--Military Personnel Authorizations
646
Legislative Provisions Adopted
646
Subtitle A--Active Forces
646
End strengths for active forces (sec. 401)
646
Revision in permanent end strength minimum levels (sec. 402)
646
Increase in senior enlisted active duty grade limit for Navy, Marine
Corps, and Air Force (sec. 403)
646
Subtitle B--Reserve Forces
646
End strengths for Selected Reserve (sec. 411)
646
End strengths for reserves on active duty in support of the reserves
(sec. 412)
647
End strengths for military technicians (dual status sec. 413)
647
Fiscal year 2002 limitation on non-dual status technicians (sec. 414)
648
Limitations on numbers of reserve personnel serving on active duty or
full-time National Guard duty in certain grades for administration of
reserve components (sec. 415)
648
Subtitle C--Other Matters Relating to Personnel Strengths
648
Administration of end strengths (sec. 421)
648
Active duty end strength exemption for National Guard and reserve
personnel performing funeral honors functions (sec. 422)
648
Subtitle D--Authorization of Appropriations
649
Authorization of appropriations for military personnel (sec. 431)
649
Legislative Provisions Not Adopted
649
Increase in authorized strengths for Air Force officers on active
duty in the grade of major
649
Strength and grade limitation accounting for reserve component
members on active duty in support of a contingency operation
649
Title V--Military Personnel Policy
650
Legislative Provisions Adopted
650
Subtitle A--Officer Personnel Policy
650
Enhanced flexibility for management of senior general and flag
officer positions (sec. 501)
650
Certifications of satisfactory performance for retirement of officers
in grades above major general and rear admiral (sec. 502)
650
Review of actions of selection boards (sec. 503)
651
Temporary reduction of time-in-grade requirement for eligibility for
promotion for certain active-duty list officers in grades of first
lieutenant and lieutenant (junior grade) (sec. 504)
651
Authority for promotion without selection board consideration for all
fully qualified officers in grade of first lieutenant or lieutenant
(junior grade) in the Navy (sec. 505)
651
Authority to adjust date of rank of certain promotions delayed by
reason of unusual circumstances (sec. 506)
652
Authority for limited extension of medical deferment of mandatory
retirement or separation (sec. 507)
652
Authority for limited extension on active duty of members subject to
mandatory retirement or separation (sec. 508)
652
Exemption from certain administrative limitations for retired
officers ordered to active duty as defense or service attache AE1s (sec.
509)
652
Officer in charge of United States Navy Band (sec. 510)
653
Subtitle B--Reserve Component Personnel Policy
653
Placement on active-duty list of certain reserve officers on active
duty for a period of three years or less (sec. 511)
653
Exception to baccalaureate degree requirement for appointment of
reserve officers to grades above first lieutenant (sec. 512)
653
Improved disability benefits for certain reserve component members
(sec. 513)
653
Time-in-grade requirement for reserve component officers retired with
a nonservice-connected disability (sec. 514)
654
Equal treatment of reserves and full-time active duty members for
purposes of managing personnel deployments (sec. 515)
654
Modification of physical examination requirements for members of the
Individual Ready Reserve (sec. 516)
654
Retirement of reserve members without requirement for formal
application or request (sec. 517)
654
Space-required travel by reserves on military aircraft (sec. 518)
654
Payment of Federal Employee Health Benefit Program premiums for
certain reservists called to active duty in support of contingency
operations (sec. 519)
655
Subtitle C--Joint Specialty Officers and Joint Professional Military
Education
Nominations and promotions for joint specialty officers (sec. 521)
655
Joint duty credit (sec. 522)
655
Retroactive joint service credit for duty in certain joint task
forces (sec. 523)
655
Revision to annual report on joint officer management (sec. 524)
656
Requirement for selection for joint specialty before promotion to
general of flag officer grade (sec. 525)
656
Independent study of joint officer management and joint professional
military education reforms (sec. 526)
657
Professional development education (sec. 527)
657
Authority for National Defense University to enroll certain private
sector civilians (sec. 528)
657
Continuation of reserve component professional military education
test (sec. 529)
657
Subtitle D--Military Education and Training
Defense Language Institute Foreign Language Center (sec. 531)
657
Authority for the Marine Corps University to award degree of master
of strategic studies (sec. 532)
658
Foreign students attending the service academies (sec. 533)
658
Increase in maximum age for appointment as a cadet or midshipman in
Senior Reserve Officers' Training Corps scholar ship programs (sec. 534)
658
Participation of regular enlisted members of the armed forces in
Senior Reserve Officers' Training Corps program (sec. 535)
658
Authority to modify the service obligation of certain ROTC cadets in
military junior colleges receiving financial assistance (sec. 536)
659
Repeal of limitation on number of Junior Reserve Officers' Training
Corps units (sec. 537)
659
Modification of nurse officer candidate accession program restriction
on students attending educational institutions with Senior Reserve
Officers' Training programs (sec. 538)
659
Reserve health professionals stipend program expansion (sec. 539)
659
Housing allowance for the chaplain for the Corps of Cadets at the
United States Military Academy (sec. 540)
659
Subtitle E-- Recruiting and Accession Programs
659
18-month enlistment pilot program (sec. 541)
659
Improved benefits under the Army College First program (sec. 542)
660
Correction and extension of certain Army recruiting pilot program
authorities (sec. 543)
660
Military recruiter access to secondary school students (sec. 544)
660
Permanent authority for use of military recruiting funds for certain
expenses at Department of Defense recruiting functions (sec. 545)
661
Report on health and disability benefits for pre-accession training
and education programs (sec. 546)
661
Subtitle F--Decorations, Awards, and Posthumous Commission
661
Authority for award of the Medal of Honor to Humbert R. Versace, Jon
E. Swanson, and Ben L. Salomon for valor (sec. 551)
661
Review regarding award of Medal of Honor to certain Jewish American
and Hispanic American war veterans (sec. 552)
661
Authority to issue duplicate Medals of Honor and to replace stolen
military decorations (sec. 553)
662
Retroactive Medal of Honor special pension (sec. 554)
662
Waiver of time limitations for award of certain decorations to
certain persons (sec. 555)
662
Sense of Congress on issuance of certain medals (sec. 556)
662
Sense of Congress on development of a more comprehensive, uniform
policy for the award of decorations to military and civilian personnel
of the Department of Defense (sec. 557)
663
Posthumous Army commission in the grade of captain in the Chaplains
Corps to Ella E. Gibson for service as chaplain of the First Wisconsin
Heavy Artillery Regiment during the Civil War (sec. 558)
663
Subtitle G--Funeral Honors Duty
663
Participation of military retirees in funeral honors details (sec. 561)
663
Funeral honors duty performed by reserve and guard members to be
treated as inactive-duty training for certain purposes (sec. 562)
663
Use of military leave for funeral honors duty by reserve members and
National Guardsman (sec. 563)
663
Authority to provide appropriate articles of clothing as a civilian
uniform for civilians participating in funeral honor details (sec. 564)
664
Subtitle H--Military Spouses and Family Members
664
Improved financial and other assistance to military spouses for job
training and education (sec. 571)
664
Persons authorized to be included in surveys of military families
regarding federal programs (sec. 572)
664
Clarification of treatment of classified information concerning
persons in a missing status (sec. 573)
664
Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II (sec. 574)
665
Amendments to charter of Defense Task Force on Domestic Violence
(sec. 575)
665
Subtitle I--Military Justice and Legal Assistance Matters
665
Blood alcohol content limit for the offense under the Uniform Code of
Military Justice of drunken operation of a vehicle, aircraft, or vessel
(sec. 581)
665
Requirement that courts-martial consist of not less than 12 members
in capital cases (sec. 582)
665
Acceptance of voluntary legal assistance for the civil affairs of
members and former members of the uniformed services and their
dependents (sec. 583)
666
Subtitle J--Other Matters
666
Congressionl review period for change in ground combat exclusion
policy (sec. 591)
666
Per diem allowance for lengthy or numerous deployments (sec. 592)
666
Clarification of disability severance pay computation (sec. 593)
667
Transportation or storage of privately owned vehicles on change or
permanent station (sec. 594)
667
Repeal of requirement for final Comptroller General report relating
to Army end strength allocations (sec. 595)
667
Continued Department of Defense administration of National Guard
Challenge Program and Department of Defense STARBASE Program (sec. 596)
667
Report on Defense Science Board recommendation on original
appointments in regular grades for academy graduates and certain other
new officers (sec. 597)
668
Sense of Congress regarding the selection of officers for
recommendation for appointment as Commander, United States
Transportation Command (Sec. 598)
668
Legislative Provisions Not Adopted
669
Acceptance of fellowships, scholarships, or grants for legal
education of officer participating in the Funded Legal Education Program
669
Codification of requirement for regulations for delivery of military
personnel to civil authorities when charged with certain offenses
669
Expanded application of reserve special selection board
669
Members of the National Guard Performing funeral honors duty while in
non-federal status
669
One-year extension of expiration data for certain force management
authorities.
670
Preparation for, participation in, and conduct of athletic
competitions by the National Guard and members of the National Guard
670
Right of convicted accused to request sentencing by military judge
670
Title VI--Compensation and Other Personnel Benefits
670
Items of Special Interest
670
Personal and Family financial management programs
670
Legislative Provisions Adopted
671
Subtitle A--Pay and Allowances
671
Increase in basic pay for fiscal year 2002 (sec. 601)
671
Basic pay rate for certain reserve commissioned officers with prior
service as an enlisted member or warrant officer (sec. 602)
671
Reserve component compensation for distributed learning activities
performed as inactive-duty training (sec. 603)
671
Subsistence allowances (sec. 604)
672
Eligibility for temporary housing allowance while in travel or leave
status between permanent duty stations (sec. 605)
672
Uniform allowance for officers (sec. 606)
672
Family separation allowance for members electing unaccompanied tour
by reason of health limitations of dependents (sec. 607)
672
Subtitle B--Bonuses and Special Incentive Pays
672
One-year extension of certain bonus and special pay authorities for
reserve forces (sec. 611)
672
One-year extension of certain bonus and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists
(sec. 612)
672
One-year extension of special pay and bonus authorities (sec. 613 614)
673
Hazardous duty pay for members of maritime visit, board, search, and
seizure teams (sec. 615)
673
Eligibility for certain career continuation bonuses for early
commitment to remain on active duty (sec. 616)
673
Secretarial discretion in prescribing submarine duty incentive pay
rates (sec. 617)
673
Conforming accession bonus for dental offices authority with
authorities for other special pay and bonus (sec. 618)
673
Modification of eligibility requirements for Individual Ready Reserve
bonus for reenlistment, enlistment, or extension of enlistment (sec.
619)
674
Installation payment authority for 15 years career status bonus (sec.
620)
674
Accession bonus for new officers in critical skills (sec. 621)
674
Education savings plan to encourage reenlistments and extensions of
service in critical specialities (sec. 622)
674
Continuation of payment of special and incentive pay at unreduced
rates during stop loss periods (sec. 623)
674
Retroactive authorization for imminent danger pay for service in
connection with Operation Enduring Freedom (sec. 624)
674
Subtitle C--Travel and Transportation Allowances
675
Minimum per diem rate for travel and transportation allowance for
travel performed upon a change of permanent station and certain other
travel (sec. 631)
675
Eligibility for payment of subsistence expenses associated with
occupancy of temporary lodging incident to reporting to first permanent
duty station (sec. 632)
675
Reimbursement of members for mandatory pet quarantine fees for
household pets (sec. 633)
675
Increased weight allowance for transportation of baggage and
household effects for junior enlisted members (sec. 634)
675
Eligibility of additional members for dislocation allowance (sec. 635)
675
Partial dislocation allowance authorized for housing moves ordered
for government convenience (sec. 636)
676
Allowances for travel performed in connection with members taking
authorized leave between consecutive overseas tours (sec. 637)
676
Travel and transportation allowances for family members to attend
burial of a deceased member of the uniformed services (sec. 638)
676
Funded student travel for foreign study under an education program
approved by a United States school (sec. 639)
676
Subtitle D--Retirement and Survivor Benefit Matters
677
Contingent authority for concurrent receipt of military retired pay
and veterans' disability compensation and enhancement of special
compensation authority (sec. 641)
677
Survivor Benefit Plan annuities for surviving spouses of members who
die while on active duty and not eligible for retirement (sec. 642)
677
Subtitle E--Other Matters
Payment for unused leave in excess of 60 days accrued by members of
reserve components on active duty for one year or less (sec. 651)
677
Additional authority to provide assistance for families of members of
the armed forces (sec. 652)
678
Authorization of transitional compensation and commissary and
exchange benefits for dependents of commissioned officers of the Public
Health Service and the National Oceanic and Atmospheric Administration
who are separated for dependent abuse (sec. 653)
678
Transfer of entitlement to educational assistance under Montgomery GI
Bill by members of the Armed Forces with critical military skills (sec.
654)
679
Legislative Provisions Not Adopted
679
Career sea pay
679
Equal treatment of reservists performing inactive-duty training for
receipt of aviation career incentive pay
679
Increase in basic allowance for housing in the United States
679
Title VII--Health Care Provisions
680
Legislative Provisions Adopted
680
Subtitle A--Tricare Program Improvements
680
Sub-acute and long-term care program reform (sec. 701)
680
Prosthetics and hearing aids (sec. 702)
680
Durable medical equipment (sec. 703)
680
Rehabilitative therapy (sec. 704)
680
Report on mental health benefits (sec. 705)
680
Clarification of eligibility for reimbursement of travel expenses of
adult accompanying patient in travel for specialty care (sec. 706)
680
TRICARE program limitations on payment rates for institutional health
care providers and on balance billing by institutional and
noninstitutional health care providers (sec. 707)
681
Improvements in administration of the TRICARE program (sec. 708)
681
Subtitle B--Senior Health Care
681
Clarifications and improvements regarding the Department of Defense
Medicare-Eligible Retiree Health Care Fund (sec. 711)
681
Subtitle C--Studies and Reports
682
Comptroller General study of health care coverage of members of the
reserve components of the Armed Forces and the National Guard (sec. 721)
682
Comptroller General study of adequacy and quality of health care
provided to women under the Defense Health Program (sec. 722)
682
Repeal of obsolete report requirement (sec. 723)
682
Comptroller General report on requirement to provide screenings,
physical examinations, and other care for certain members (sec. 724)
682
Subtitle D--Other Matters
683
Prohibition against requiring military retirees to receive health
care solely through the Department of Defense (sec. 731)
683
Fees for trauma and other medical care provided to civilians (sec. 732)
683
Enhancement of medical product development (sec. 733)
683
Pilot program providing for Department of Veterans Affairs support in
the performance of separation physical examinations (sec. 734)
684
Modification of prohibition on requirement of nonavailability
statement or preauthorization (sec. 735)
684
Transitional health care for members separated from active duty (sec.
736)
684
Two-year extension of health care management demonstration program
(sec. 737)
685
Joint DOD-VA pilot program for providing graduate medical education
and training for physicians (sec. 738)
685
Legislative Provisions Not Adopted
685
Effective date
685
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
685
Items of Special Interest
685
Management reform initiatives
685
Legislative Provisions Adopted
686
Subtitle A--Procurement Management and Administration
686
Management of procurement of services (sec. 801)
686
Savings goals for procurement of services (sec. 802)
686
Competition requirement for purchase of services pursuant to multiple
award contracts (sec. 803)
687
Reports on maturity of technology at initiation of Major Defense
Acquisition Programs (sec. 804)
687
Subtitle B--Use of Preferred Sources
688
Applicability of competition requirements to purchases from a
required source (sec. 811)
688
Extension of mentor-protege program (sec. 812)
688
Increase of assistance limitation regarding Procurement Technical
Assistance Program (sec. 813)
688
Subtitle C--Amendments to General Contracting Authorities,
Procedures, and Related Matters
688
Amendments to conform with administrative changes in acquisition
phase and milestone terminology and to make related adjustments in
certain requirements applicable at milestone transition points (sec.
821)
688
Follow-on production contracts for products developed pursuant to
prototype projects (sec. 822)
689
One-year extension of program applying simplified procedures to
certain commercial items (sec. 823)
689
Acquisition workforce qualifications (sec. 824)
689
Report on implementation of recommendations of the Acquisition 2005
Task Force (sec. 825)
689
Subtitle D--Other Matters
690
Identification of errors made by executive agencies in payments to
contractors and recovery of amounts erroneously paid (sec. 831)
690
Codification and modification of provision of law known as the
``Berry Amendment'' (sec. 832)
690
Personal services contracts to be performed by individuals or
organizations abroad (sec. 833)
690
Requirements regarding insensitive munitions (sec. 834)
690
Inapplicability of limitation to small purchases of miniature or
instrument ball or roller bearings under certain circumstances (sec.
835)
691
Temporary emergency procurement authority to facilitate the defense
against terrorism or biological or chemical attack (sec. 836)
691
Legislative Provisions Not Adopted
692
Consolidation of defense contracts
692
HUBzone small business concerns
692
Small business procurement competition
692
Title IX--Department of Defense Organization and Management
692
Items of Special Interest
692
Organizational changes to the Office of the Secretary of Defense
692
Legislative Provisions Adopted
693
Subtitle A--Duties and Functions of Department of Defense Officers
693
Deputy Under Secretary of Defense for Personnel and Readiness (sec. 901)
693
Sense of Congress on functions of new Office of Force Transformation
in the Office of the Secretary of Defense (sec. 902)
693
Suspension of reorganization of engineering and technical authority
policy within the Naval Sea Systems Command pending report to
congressional committees (sec. 903)
694
Subtitle B--Space Activities
694
Space Activities (secs. 911 915)
694
Subtitle C--Reports
697
Revised requirement for Chairman of the Joint Chiefs of Staff to
advise Secretary of Defense on the assignment of roles and missions to
the armed forces (sec. 921)
697
Revised requirements for content of annual report on joint
warfighting experimentation (sec. 922)
698
Repeal of requirement for one of three remaining required reports on
activities of Joint Requirements Oversight Council (sec. 923)
698
Revised joint report on establishment of national collaborative
information analysis capability (sec. 924)
698
Subtitle D--Other Matters
699
Conforming amendments relating to change of name of Military Airlift
Command to Air Mobility Command (sec. 931)
699
Organizational realignment for Navy Director for Expeditionary
Warfare (sec. 932)
699
Legislative Provisions Not Adopted
699
Reductions in acquisition and support workforce
699
Responsibility of the Under Secretary of the Air Force for
Acquisition of space launch vehicles and space launch services
699
Title X--General Provisions
700
Counter-Drug Activities
700
National Guard Counter-drug activities
700
Operation Caper Focus
700
Tethered Aerostat Radar System
700
Items of Special Interest
700
Automobile Safety Program
700
Legislative Provisions Adopted
701
Subtitle A--Financial Matters
701
Transfer authority (sec. 1001)
701
Incorporation of classified annex (sec. 1002)
701
Authorization of supplemental appropriations for fiscal year 2001
(sec. 1003)
701
United States contribution to NATO common-funded budgets in fiscal
year 2002 (sec. 1004)
701
Limitation on funds for Bosnia and Kosovo Peacekeeping Operations for
fiscal year 2002 (sec. 1005)
702
Maximum amount for National Foreign Intelligence Program (sec. 1006)
702
Clarification of applicability of interest penalties for late payment
of interim payments due under contracts for services (sec. 1007)
702
Reliability of Department of Defense financial statements (sec. 1008)
702
Financial Management Modernization Executive Committee and financial
feeder systems compliance process (sec. 1009)
703
Authorization of funds for ballistic missile defense programs or
combating terrorism programs of the Department of Defense (sec. 1010)
703
Subtitle B--Naval Vessels and Shipyards
703
Authority to transfer naval vessels to certain foreign countries
(sec. 1011)
703
Sale of Glomar Explorer to the lessee (sec. 1012)
704
Leasing of Navy ships for Universary National Oceanographic
Laboratory System (sec. 1013)
704
Increase in limitations on administrative authority of the Navy to
settle admiralty claims (sec. 1014)
704
Subtitle C--Counter-Drug Activities
704
Extension and restatement of authority to provide Department of
Defense support for counter-drug activities of other governmental
agencies (sec. 1021)
704
Extension of reporting requirement regarding Department of Defense
expenditures to support foreign counter-drug activities (sec. 1022)
705
Authority to transfer Tracker aircraft currently used by Armed Forces
for counter-drug purposes (sec. 1023)
705
Limitation on use of funds for operation of Tethered Aerostat Radar
System pending submission of required report (sec. 1024)
705
Subtitle D--Strategic Forces
Repeal of limitation on retirement or dismantlement of strategic
nuclear delivery systems (sec. 1031)
706
Air Force bomber force structure (sec. 1032)
706
Additional element for revised nuclear posture review (sec. 1033)
706
Report on options for modernization and enhancement of missile wing
helicopter support (sec. 1034)
707
Subtitle E--Other Department of Defense Provisions
707
Secretary of Defense recommendation on need for Department of Defense
review of proposed federal agency actions to consider possible impact on
national defense (sec. 1041)
707
Department of Defense reports to Congress to be accompanied by
electronic version upon request (sec. 1042)
707
Department of Defense gift authorities (sec. 1043)
708
Acceleration of research, development, and production of medical
countermeasures for defense against biological warfare agents (sec.
1044)
708
Chemical and biological protective equipment for military personnel
and civilian employees of the Department of Defense (sec. 1045)
709
Sale of goods and services by Naval Magazine, Indian Island, Alaska
(sec. 1046)
709
Report on procedures and guidelines for embarkation of civilian
guests on naval vessels for public affairs purposes (sec. 1047)
709
Technical and clerical amendments (sec. 1048)
710
Termination of referendum requirement regarding continuation of
military training on the island of Vieques, Puerto Rico, and imposition
of additional conditions on closure of training range (sec. 1049)
710
Subtitle F--Other Matters
711
Assistance for firefighters (sec. 1061)
711
Extension of times for Commission on the Future of the United States
Aerospace Industry to report and to terminate (sec. 1062)
711
Appropriations to Radiation Exposure Compensation Trust Fund (sec. 1063)
711
Waiver of vehicle weight limits during periods of national emergency
(sec. 1064)
711
Repair, restoration, and preservation of Lafayette Escadrille
Memorial, Marnes-la-Coquette, France (sec. 1065)
712
Legislative Provisions Not Adopted
712
Action to promote national defense features program
712
Assignment of members to assist border patrol and control
713
Authority to pay gratuity to members of the armed forces and civilian
employees of the United States for slave labor performed for Japan
during World War II
713
Contingent authorization of appropriations
713
Demilitarization of significant military equipment
713
Information and recommendations and congressional reporting
requirements applicable to the Department of Defense
713
Reductions in authorizations of appropriations for Department of
Defense for management efficiencies
714
Release of restriction on use of certain vessels previously
authorized to be sold
714
Revision in types of excess naval vessels for which approval by law
is required for disposal to foreign nations
714
Revision of annual report to Congress on National Guard and reserve
component equipment
714
Sense of the Senate that the Secretary of the Treasury should
immediately issue savings bonds, to be designated as ``Unity Bonds''
714
Transfer of Vietnam-era F 4 to non-profit museum
715
Title XI--Civilian Personnel
715
Subtitle A--Department of Defense Civilian Personnel
715
Personnel pay and qualifications authority for Department of Defense
Pentagon Reservation civilian law enforcement and security force (sec.
1101)
715
Pilot program for payment of retraining expenses (sec. 1102)
715
Authority of civilian employees to act as notaries (sec. 1103)
715
Authority to appoint certain health care professionals in the
excepted service (sec. 1104)
715
Subtitle B--Civilian Personnel Management Generally
716
Authority to provide hostile fire pay (sec. 1111)
716
Payment of expenses to obtain professional credentials (sec. 1112)
716
Parity in establishment of wage schedules and rates for prevailing
rate employees (sec. 1113)
716
Modification of limitation on premium pay (sec. 1114)
716
Participation of personnel in technical standards development
activities (sec. 1115)
717
Retention of travel promotional items (sec. 1116)
717
Applicability of certain laws to certain individuals assigned to work
in the Federal Government (sec. 1117)
717
Subtitle C--Intelligence Civilian Personnel
717
Authority to increase maximum number of positions in the Defense
Intelligence Senior Executive Service (sec. 1121)
717
Subtitle D--Matters Relating to Retirement
718
Improved portability of retirement coverage for employees moving
between civil service employment and employment by nonapproporiated fund
instrumentalities (sec. 1131)
718
Federal employment retirement credit for nonappropriated fund
instrumentality service (sec. 1132)
718
Modification of limitations on exercise of voluntary separation
incentive pay authority and voluntary early retirement authority (sec.
1133)
718
Legislative Provisions Not Adopted
718
Continued applicability of certain civil service protections for
employees integrated into the National Imagery and Mapping Agency from
the Defense Mapping Agency
718
Removal of requirement that granting civil service compensatory time
be based on amount of irregular or occasional overtime work
719
Undergraduate training program for employees of the National Imagery
and Mapping Agency
719
Use of common occupational and health standards as a basis for
differential payments made as a consequence of exposure to asbestos
719
Title XII--Matters Relating to Other Nations
719
Legislative Provisions Adopted
719
Subtitle A--Matters Related to Arms control and Monitoring
719
Clarification of authority to furnish nuclear test monitoring
equipment to foreign governments (sec. 1201)
719
Limitation on funding for Joint Data Exchange Center in Moscow (sec.
1202)
720
Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities (sec. 1203)
720
Authority for employees of Federal Government contractors to
accompany chemical weapons inspection teams at government-owned
facilities (sec. 1204)
720
Plan for securing nuclear weapons, material, and expertise of the
states of the former Soviet Union (sec. 1205)
720
Subtitle B--Matters Relating to Allies and Friendly Foreign Nations
721
Acquisition of logistical support for security forces (sec. 1211)
721
Extension of authority for international cooperative research and
development projects (sec. 1212)
721
Cooperative agreements with foreign countries and international
organizations for reciprocal use of test facilities (sec. 1213)
722
Sense of Congress on allied defense burdensharing (sec. 1214)
722
Subtitle C--Reports
722
Report on significant sales and transfers of military hardware,
expertise, and technology to the People's Republic of China (sec. 1221)
722
Repeal of requirement for reporting to Congress on military
deployments to Haiti (sec. 1222)
723
Report by comptroller General on provision of defense articles,
services, and military education and training to foreign countries and
international organizations (sec. 1223)
723
Legislative Provisions Not Adopted
723
Limitation on number of military personnel in Columbia
723
Title XIII--Cooperative Threat Reduction With States of the Former
Soviet Union
723
Legislative Provisions Adopted
723
Specification of Cooperative Threat Reduction programs and funds
(sec. 1301)
723
Funding allocations (sec. 1302)
724
Limitation on use of funds until submission of reports (sec. 1303)
724
Requirement to consider use of revenue generated by activities
carried out under Cooperative Threat Reduction programs (sec. 1304)
724
Prohibition against use of funds for second wing of fissile material
storage facility (sec. 1305)
724
Prohibition against use of funds for certain construction activities
(sec. 1306)
725
Reports on activities and assistance under Cooperative Threat
Reduction programs (sec. 1307)
725
Chemical weapons destruction (sec. 1308)
725
Additional matter in annual report on activities and assistance under
Cooperative Threat Reduction programs (sec. 1309)
726
Legislative Provisions Not Adopted
726
Report on responsibility for carrying out Cooperative Threat
Reduction programs
726
Title XIV--Armed Forces Retirement Home
727
Legislative Provisions Adopted
727
Amendment of Armed Forces Retirement Home Act of 1991 (sec. 1401)
727
Definitions (sec. 1402)
727
Revision of authority establishing the Armed Forces Retirement Home
(sec. 1403)
727
Chief Operating Officer (sec. 1404)
728
Residents of Retirement Home (sec. 1405)
728
Local boards of trustees (sec. 1406)
728
Directors, Deputy Directors, Associate Directors, and staff of
facilities (sec. 1407)
728
Disposition of effects of deceased persons and unclaimed property
(sec. 1408)
728
Transitional provisions (sec. 1409)
728
Conforming and clerical amendments and repeals of obsolete provisions
(sec. 1410)
729
Legislative Provisions Not Adopted
729
Amendments of other laws
729
Title XV--Activities Relating to Combating Terrorism
729
Legislative Provisions Adopted
729
Subtitle A--Increased Funding for Combating Terrorism
729
Authoriation of emergency appropriations under the 2001 Emergency
Supplemental Appropriations Act for Recovering From and Response to
Terrorist Attacks on the United States. (secs. 1501 1506)
729
Subtitle B--Policy Matters Relating to Combating Terrorism
730
Study and report on the role of the Department of Defense with
respect to homeland security (sec. 1511)
730
Combating Terrorism Readiness Initiatives Fund for combatant commands
(sec. 1512)
731
Conveyances of equipment and related materials loaned to state and
local governments as assistance for emergency response to a use of
threatened use of a weapon of mass destruction (sec. 1513)
731
Two-year extension of the Advisory Panel to Assess Domestic Response
Capabilities for Terrorism Involving Weapons of Mass Destruction (sec.
1514)
731
Legislative Provisions Not Adopted
732
Establishment of combating terrorism as a national security mission
732
Title XVI--Uniformed Services Voting
732
Legislative Provisions Adopted
732
Sense of Congress regarding the important of voting (sec. 1601)
732
Voting assistance programs (sec. 1602)
732
Guarantee of residency for military personnel (sec. 1603)
733
Electronic voting demonstration project (sec. 1604)
733
Governors' reports on implementation of recommendations for changes
in state law made under Federal Voting Assistance Program (sec. 1605)
733
Simplification of voter registration and absentee ballot application
procedures for absent uniformed services and overseas voters (sec. 1606)
733
Use of certain Department of Defense facilities as polling places
(sec. 1607)
734
Legislative Provisions Not Adopted
734
Extension of registration and balloting rights for absent uniformed
services voters to state and local elections
734
Maximization of access of recently separated uniformed service voters
to the polls
734
Standard for invalidation of ballots cast by absent uniformed
services voters in federal elections
734
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATION
734
Overview
734
Short title; definition (sec. 2001)
757
Title XXI--Army
757
Overview
757
Items of Special Interest
757
Renovation of Womack Army Medical Center, Fort Bragg North Carolina
757
Legislative Provisions Adopted
758
Authorized Army Construction and land acquisition projects (sec. 2101)
758
Family housing (sec. 2102)
758
Improvements to military family housing units (sec. 2103)
758
Authorization of appropriations, Army (sec. 2104)
758
Modification of authority to carry out certain fiscal year 2001
projects (sec. 2105)
758
Modification of authority to carry out certain fiscal year 2002
projects (sec. 2106)
759
Title XXIII--Navy
759
Overview
759
Legislative Provisions Adopted
759
Authorized Navy construction and land acquisition projects (sec. 2201)
759
Family housing (sec. 2202)
760
Improvements to military family housing units (sec. 2203)
760
Authorization of appropriations, Navy (sec. 2204)
760
Modification of authority to carry out certain fiscal year 2001
projects (sec. 2205)
760
Modification of authority to carry out certain fiscal year 2000
project (sec. 2206)
761
Title XXIII--Air Force
761
Overview
761
Legislative Provisions Adopted
761
Authorized Air Force construction and land acquisition projects (sec.
2301)
761
Family housing (sec. 2302)
762
Improvements to military family housing units (sec. 2303)
762
Authorization of appropriations, Air Force (sec. 2304)
762
Modification of authority to carry out certain fiscal year 2001
projects (sec. 2305)
762
Title XXIV--Defense Agencies
762
Overview
762
Legislative Provisions Adopted
763
Authorized Defense Agencies construction and land acquisition
projects (sec. 2401)
763
Energy conservation projects (sec. 2402)
763
Authorization of appropriations, Defense Agencies (sec. 2403)
763
Cancellation of authority to carry out certain fiscal year 2001
projects (sec. 2404)
764
Modification of authority to carry out certain fiscal year 2000
projects (sec. 2405)
764
Modification of authority to carry out certain fiscal year 1999
project (sec. 2406)
765
Modification of authority to carry out certain fiscal year 1999
project (sec. 2407)
765
Procedures for the Department of Defense
765
Recommendations by the Secretary
765
Consideration of the Secretary's proposal by the Commission
766
Disposal of property
766
Procedures for the Department of Energy
767
Prohibition on expenditures to develop forward operating location on
Aruba (sec. 2408)
767
Legislative Provisions Not Adopted
768
Cancellation of authority to carry out additional fiscal year 2001
project
768
Title XXV--North Atlantic Treaty Organization Security Investment
Program
768
Overview
768
Legislative Provisions Adopted
768
Authorized NATO construction and land acquisition projects (sec. 2501)
768
Authorization of appropriations, NATO (sec. 2502)
768
Title XXVI--Guard and Reserve Facilities
769
Overview
769
Items of Special Interest
769
Improvement of National Guard infrastructure
769
Planning and design, Army National Guard
769
Legislative Provisions Adopted
770
Authorized guard and reserve construction and land acquisition
projects (sec. 2601)
770
Title XXVII--Expiration and Extension of Authorizations
770
Legislative Provisions Adopted
770
Expiration of authorizations and amounts required to be specified by
law (sec. 2701)
770
Extension of authorizations of certain fiscal year 1999 projects
(sec. 2702)
770
Extension of authorizations of certain fiscal year 1998 projects
(sec. 2703)
770
Effective date (sec. 2704)
771
Title XXVIII--General Provisions
771
Items of Special Interest
771
Remediation of former Fort Ord, California
771
Legislative Provisions Adopted
771
Subtitle A--Military Construction Program and Military Family Housing
Changes
771
Increase in thresholds for certain unspecified minor military
construction projects (sec. 2801)
771
Exclusion of unforseen environmental hazard remediation from
limitation on authorized cost variations (sec. 2802)
771
Repeal of annual reporting requirement on military construction and
military family housing activities (sec. 2803)
772
Funds for housing allowances of members assigned to military family
housing under alternative authority for acquisition and improvement of
military housing (sec. 2804)
772
Extension of alternative authority for acquisition and improvement of
military housing (sec. 2805)
772
Treatment of financing costs as allowable expenses under contracts
for utility services from utility systems conveyed under privatization
initiative (sec. 2806)
772
Subtitle B--Real Property and Facilities Administration
773
Use of military installations for certain recreational activities
(sec. 2811)
773
Availability of proceeds of sales of Department of Defense property
from certain closed military installations (sec. 2812)
773
Pilot program to provide additional tools for efficient operation of
military installations (sec. 2813)
773
Demonstration program on reduction in long-term facility maintenance
costs (sec. 2814)
774
Base efficiency project at Brooks Air Force Base, Texas (sec. 2815)
774
Subtitle C--Implementation of Defense Base Closures and Realignments
775
Lease back of base closure property (sec. 2821)
775
Subtitle D--Land Conveyances
775
Part I--Army Conveyances
775
Lease authority, Fort DeRussy, Hawaii (sec. 2832)
775
Modification of land exchange, Rock Island Arsenal, Illinois (sec. 2833)
776
Land conveyance, Fort Des Moines, Iowa (sec. 2834)
776
Modification of land conveyances, Fort Dix, New Jersey (sec. 2835)
777
Land conveyance, Engineer Proving Ground Fort Belvoir, Virginia (sec.
2836)
777
Land exchange and consolidation, Fort Lewis, Washington (sec. 2837)
777
Land conveyance, Army Reserve Center, Kewaunee, Wisconsin (sec. 2838)
777
Part II--Navy Conveyances
778
Transfer of jurisdiction, Centerville Beach Naval Station, Humbolt
County, California (sec. 2841)
778
Land conveyance, Port of Long Beach, California (sec. 2842)
778
Conveyance of Pier, Naval Base, San Diego, California (sec. 2843)
778
Modification of authority for conveyance of Naval Computer and
Telecommunications Station, Cutler, Maine (sec. 2844)
779
Land transfer and conveyance, Naval Security Group Activity, Winter
Harbor, Maine (sec. 2845)
779
Land acquisition, Perquimans County, North Carolina (sec. 2846)
780
Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo, Ohio
(sec. 2847)
780
Modification of land conveyance, former United States Marine Corps
Air Station, Eagle Mountain Lake, Texas (sec. 2848)
780
Part III--Air Force Conveyances
781
Conveyance of avigation easements, former Norton Air Force Base,
California (sec. 2851)
781
Reexamination of land conveyance, Lowry Air Force Base, Colorado
(sec. 2852)
781
Water rights conveyance, Andersen Air Force Base, Guam (sec. 2853)
781
Conveyance of segment of Loring Petroleum Pipeline, Maine, and
related easements (sec. 2854)
782
Land conveyance, petroleum terminal serving former Loring Air Force
Base and Bangor Air National Guard Base, Maine (sec. 2855)
782
Land conveyances, certain former Minuteman III ICBM facilities in
North Dakota (sec. 2856)
783
Land conveyances, Charleston Air Force Base, South Carolina (sec. 2857)
783
Transfer of jurisdiction, Mukilteo Tank Farm, Everett, Washington
(sec. 2858)
783
Subtitle E--Other Matters
783
Management of the Presidio of San Francisco (sec. 2861)
783
Transfer of jurisdiction for development of Air Force morale,
welfare, and recreation facility, Park City, Utah (sec. 2862)
784
Alternative site for United States Air Force Memorial, preservation
of open space on Arlington Ridge Tract, and related land transfer at
Arlington National Cemetery, Virginia (sec. 2863)
784
Establishment of memorial to victims of terrorist attack on Pentagon
Reservation and authority to accept monetary contributions for memorial
and repair of Pentagon (sec. 2864)
786
Repeal of limitation on cost of renovation of Pentagon Reservation
(sec. 2865)
786
Development of United States Army Heritage and Education Center at
Carlisle Barracks, Pennsylvania (sec. 2866)
787
Effect of limitation on construction of roads or highways, Marine
Corps Base, Camp Pendleton, California (sec. 2867)
787
Establishment of World War II Memorial at additional location on Guam
(sec. 2868)
787
Demonstration project for purchase of fire, security, police, public
works, and utility services from local government agencies (sec. 2869)
788
Report on future land needs of United States Military Academy, New
York, and adjacent community (sec. 2870)
788
Naming of Patricia C. Lamar Army National Guard Readiness Center,
Oxford, Mississippi (sec. 2871)
788
Legislative Provisions Not Adopted
788
Authority available for lease of property and facilities under
alternative authority for acquisition and improvement of military
housing
788
Land conveyance, Defense Fuel Support Point, Lynn Haven, Florida
789
Payment for certain services provided by redevelopment authorities
for property leased back by the United States
789
Treatment of amounts received
789
Title XXIX--Fort Irwin Military Land Withdrawal
790
Short title (sec. 2901)
790
Withdrawal and reservation of lands for National Training Center
(sec. 2902)
790
Map and legal description (sec. 2903)
790
Management of withdrawn and reserved lands (sec. 2904)
790
Water rights (sec. 2905)
791
Environmental compliance and environmental response requirements
(sec. 2906)
791
West Mojave Coordinated Management Plan (sec. 2907)
791
Release of wilderness study areas (sec. 2908)
791
Training activity separation from utility corridors (sec. 2909)
791
Duration of withdrawal and reservation (sec. 2910)
791
Extension of initial withdrawal and reservation (sec. 2911)
791
Termination and relinquishment (sec. 2912)
792
Delegation of Authority (sec. 2913)
792
Title XXX--Realignment and Closure of Military Installations and
Preparation of Infrastructure Plan for the Nuclear Weapons Complex
792
Procedures for the Department of Defense (secs. 3001 3007)
793
Preparation of infrastructure plan for the nuclear weapons complex
(sec. 3008)
795
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
795
Title XXXI--Department of Energy National Security Programs
795
Overview
795
Legislative Provisions Adopted
813
Subtitle A--National Security Programs Authorizations
813
National Nuclear Security Administration (sec. 3101)
813
Defense environmental restoration and waste management (sec. 3102)
813
Other defense activities (sec. 3103)
814
Defense environmental management privatization (sec. 3104)
814
Defense nuclear waste disposal (sec. 3105)
814
Subtitle B--Recurring General Provisions
815
Reprogramming (sec. 3121)
815
Limits on minor construction projects (sec. 3122)
815
Limits on construction projects (sec. 3123)
815
Fund transfer authority (sec. 3124)
816
Authority for conceptual and construction design (sec. 3125)
816
Authority for emergency planning, design, and construction activities
(sec. 3126)
816
Funds available for all national security programs of the Department
of Energy (sec. 3127)
816
Availability of funds (sec. 3128)
817
Transfer of defense environmental management funds (sec. 3129)
817
Transfer of weapons activities funds (sec. 3130)
817
Subtitle C--Program Authorizations, Restrictions, and Limitations
817
Consolidation of Nuclear Cities Initiative program with Initiatives
for Proliferation Prevention program (sec. 3131)
817
Nuclear Cities Initiative (sec. 3132)
818
Limitation on availability of funds for weapons activities for
facilities and infrastructure (sec. 3133)
818
Limitation on availability of funds for other defense activities for
national security programs administrative support (sec. 3134)
819
Termination date of Office of River Protection, Richland, Washington
(sec. 3135)
819
Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico (sec. 3136)
819
Reports on achievement of milestones for National Ignition Facility
(sec. 3137)
820
Subtitle D--Matters Relating to Management of the National Nuclear
Security Administration
820
Establishment of Principal Deputy Administrator of National Nuclear
Security Administration (sec. 3141)
820
Elimination of requirement that national security laboratories and
nuclear weapons production facilities report to Deputy Administrator for
Defense Programs (sec. 3142)
821
Repeal of duplicative provision relating to dual office holding by
personnel of National Nuclear Security Administration (sec. 3143)
821
Report on adequacy of federal pay and hiring authorities to meet
personnel requirements of National Nuclear Security Administration (sec.
3144)
821
Subtitle E--Other Matters
821
Improvements to energy employees occupational illness compensation
program (sec. 3151)
821
Department of Energy counterintelligence polygraph program (sec. 3152)
824
One-year extension of authority of Department of Energy to pay
voluntary separation incentive payments (sec. 3153)
824
Annual assessment and report on vulnerability of Department of Energy
facilities to terrorist attack (sec. 3154)
824
Disposition of surplus defense plutonium at Savannah River Site,
Aiken, South Carolina (sec. 3155)
824
Modification of date of report of Panel to Assess the Reliability,
Safety, and Security of the United States Nuclear Stockpile (sec. 3156)
825
Subtitle F--Rocky Flats National Wildlife Refuge
825
Rocky Flats National Wildlife Refuge (sec. 3171 3182)
825
Legislative Provisions Not Adopted
827
Additional objective for Department of Energy defense nuclear
facility workforce restructuring plan
827
Clarification of status within the Department of Energy of
Administration and contractor personnel of the National Nuclear Security
Administration
827
Construction of Department of Energy operations office complex
827
Improvements to Corral Hollow Road, Livermore, California
828
Increased amount for nonproliferation and verification
828
Title XXXII--Defense Nuclear Facilities Safety Board
828
Legislative Provisions Adopted
828
Authorization (sec. 3201)
828
Title XXXIII--National Defense Stockpile
828
Legislative Provisions Adopted
828
Definitions (sec. 3301)
828
Authorized uses of stockpile funds (sec. 3302)
828
Authority to dispose of certain materials in National Defense
Stockpile (sec. 3303)
829
Revision of limitations on required disposals of certain materials in
National Defense Stockpile (sec. 3304)
829
Acceleration of required disposal of cobalt in National Defense
Stockpile (sec. 3305)
829
Restriction on disposal of mangenese ferro (sec. 3306)
829
Title XXXIV--Naval Petroleum Reserves
829
Legislative Provisions Adopted
829
Authorization of appropriations (sec. 3401)
829
Title XXXV--Maritime Administration
830
Legislative Provisions Adopted
830
Authorization of appropriations for fiscal year 2002 (sec. 3501)
830
Define ``war risks'' to vessels to include confiscation,
expropriation, nationalization, and deprivation of the vessels (sec.
3502)
830
Holding obligor's cash as collateral under title XI Merchant Marine
act, 1936 (sec. 3503)
830
107 th Congress
Report
HOUSE OF REPRESENTATIVES
1st Session
107 333
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002
December 12, 2001.--Ordered to be printed
Mr. Stump , from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany S. 1438]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 1438), to authorize
appropriations for fiscal year 2002 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes,
having met, after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of the
House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act for
Fiscal Year 2002''.
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 Agents and Munitions Destruction, Defense.
Sec. 107. Defense Health Program.
SUBTITLE B--ARMY PROGRAMS
Sec. 111. Repeal of limitations on bunker defeat munitions program.
Sec. 112. Extension of pilot program on sales of manufactured
articles and services of certain Army industrial facilities without
regard to availability from domestic sources.
Sec. 113. Limitations on acquisition of interim armored vehicles
and deployment of interim brigade combat teams.
SUBTITLE C--NAVY PROGRAMS
Sec. 121. Virginia class submarine program.
Sec. 122. Multiyear procurement authority for F/A 18E/F aircraft
engines.
Sec. 123. V 22 Osprey aircraft program.
Sec. 124. Report on status of V 22 Osprey aircraft before
resumption of flight testing.
SUBTITLE D--AIR FORCE PROGRAMS
Sec. 131. Multiyear procurement authority for C 17 aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Supplemental authorization of appropriations for fiscal
year 2001 for research, development, test, and evaluation, Defense-wide.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Naval surface fire support assessment.
Sec. 212. Collaborative program for development of advanced radar
systems.
Sec. 213. Repeal of limitations on total cost of engineering and
manufacturing development for F 22 aircraft program.
Sec. 214. Joint biological defense program.
Sec. 215. Cooperative Department of Defense-Department of Veterans
Affairs medical research program.
Sec. 216. C 5 aircraft reliability enhancement and reengining program.
SUBTITLE C--BALLISTIC MISSILE DEFENSE
Sec. 231. Transfer of responsibility for procurement for missile
defense programs from Ballistic Missile Defense Organization to military
departments.
Sec. 232. Program elements for Ballistic Missile Defense Organization.
Sec. 233. Support of ballistic missile defense activities of the
Department of Defense by the national defense laboratories of the
Department of Energy.
Sec. 234. Missile defense testing initiative.
Sec. 235. Construction of test bed facilities for missile defense
system.
SUBTITLE D--AIR FORCE SCIENCE AND TECHNOLOGY FOR THE 21ST CENTURY
Sec. 251. Short title.
Sec. 252. Science and technology investment and development planning.
Sec. 253. Study and report on effectiveness of Air Force science
and technology program changes.
SUBTITLE E--OTHER MATTERS
Sec. 261. Establishment of unmanned aerial vehicle joint
operational test bed system.
Sec. 262. Demonstration project to increase small business and
university participation in Office of Naval Research efforts to extend
benefits of science and technology research to fleet.
Sec. 263. Communication of safety concerns from operational test
and evaluation officials to program managers.
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Funds for renovation of Department of Veterans Affairs
facilities adjacent to Naval Training Center, Great Lakes, Illinois.
Sec. 306. Defense Language Institute Foreign Language Center
expanded Arabic language program.
SUBTITLE B--ENVIRONMENTAL PROVISIONS
Sec. 311. Inventory of unexploded ordnance, discarded military
munitions, and munitions constituents at defense sites (other than
operational ranges).
Sec. 312. Establishment of new program element for remediation of
unexploded ordnance, discarded military munitions, and munitions
constituents.
Sec. 313. Assessment of environmental remediation of unexploded
ordnance, discarded military munitions, and munitions constituents.
Sec. 314. Conformity of surety authority under environmental
restoration program with surety authority under CERCLA.
Sec. 315. Elimination of annual report on contractor reimbursement
for costs of environmental response actions.
Sec. 316. Pilot program for sale of air pollution emission
reduction incentives.
Sec. 317. Department of Defense energy efficiency program.
Sec. 318. Procurement of alternative fueled and hybrid light duty
trucks.
Sec. 319. Reimbursement of Environmental Protection Agency for
certain response costs in connection with Hooper Sands Site, South
Berwick, Maine.
Sec. 320. River mitigation studies.
SUBTITLE C--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 331. Commissary benefits for new members of the Ready Reserve.
Sec. 332. Reimbursement for use of commissary facilities by
military departments for purposes other than commissary sales.
Sec. 333. Public releases of commercially valuable information of
commissary stores.
Sec. 334. Rebate agreements with producers of foods provided under
special supplemental food program.
Sec. 335. Civil recovery for nonappropriated fund instrumentality
costs related to shoplifting.
SUBTITLE D--WORKFORCE AND DEPOT ISSUES
Sec. 341. Revision of authority to waive limitation on performance
of depot-level maintenance.
Sec. 342. Exclusion of certain expenditures from limitation on
private sector performance of depot-level maintenance.
Sec. 343. Protections for purchasers of articles and services
manufactured or performed by working-capital funded industrial
facilities of the Department of Defense.
Sec. 344. Revision of deadline for annual report on commercial and
industrial activities.
Sec. 345. Pilot manpower reporting system in Department of the Army.
Sec. 346. Development of Army workload and performance system and
Wholesale Logistics Modernization Program.
SUBTITLE E--DEFENSE DEPENDENTS EDUCATION
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 352. Impact aid for children with severe disabilities.
Sec. 353. Availability of auxiliary services of defense
dependents' education system for dependents who are home school
students.
Sec. 354. Comptroller General study of adequacy of compensation
provided for teachers in the Department of Defense overseas dependents'
schools.
SUBTITLE F--OTHER MATTERS
Sec. 361. Availability of excess defense personal property to
support Department of Veterans Affairs initiative to assist homeless
veterans.
Sec. 362. Incremental implementation of Navy-Marine Corps Intranet
contract.
Sec. 363. Comptroller General study and report of National Guard
Distributive Training Technology Project.
Sec. 364. Reauthorization of warranty claims recovery pilot program.
Sec. 365. Evaluation of current demonstration programs to improve
quality of personal property shipments of members.
Sec. 366. Sense of Congress regarding security to be provided at
2002 Winter Olympic Games.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A--ACTIVE FORCES
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Increase in senior enlisted active duty grade limit for
Navy, Marine Corps, and Air Force.
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 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of reserve personnel serving on
active duty or full-time National Guard duty in certain grades for
administration of reserve components.
SUBTITLE C--OTHER MATTERS RELATING TO PERSONNEL STRENGTHS
Sec. 421. Administration of end strengths.
Sec. 422. Active duty end strength exemption for National Guard
and reserve personnel performing funeral honors functions.
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. Enhanced flexibility for management of senior general
and flag officer positions.
Sec. 502. Certifications of satisfactory performance for
retirement of officers in grades above major general and rear admiral.
Sec. 503. Review of actions of selection boards.
Sec. 504. Temporary reduction of time-in-grade requirement for
eligibility for promotion for certain active-duty list officers in
grades of first lieutenant and lieutenant (junior grade).
Sec. 505. Authority for promotion without selection board
consideration for all fully qualified officers in grade of first
lieutenant or lieutenant (junior grade) in the Navy.
Sec. 506. Authority to adjust date of rank of certain promotions
delayed by reason of unusual circumstances.
Sec. 507. Authority for limited extension of medical deferment of
mandatory retirement or separation.
Sec. 508. Authority for limited extension on active duty of
members subject to mandatory retirement or separation.
Sec. 509. Exemption from certain administrative limitations for
retired officers ordered to active duty as defense or service attache
AE1s.
Sec. 510. Officer in charge of United States Navy Band.
SUBTITLE B--RESERVE COMPONENT PERSONNEL POLICY
Sec. 511. Placement on active-duty list of certain Reserve
officers on active duty for a period of three years or less.
Sec. 512. Exception to baccalaureate degree requirement for
appointment of Reserve officers to grades above first lieutenant.
Sec. 513. Improved disability benefits for certain reserve
component members.
Sec. 514. Time-in-grade requirement for reserve component officers
retired with a nonservice-connected disability.
Sec. 515. Equal treatment of Reserves and full-time active duty
members for purposes of managing personnel deployments.
Sec. 516. Modification of physical examination requirements for
members of the Individual Ready Reserve.
Sec. 517. Retirement of Reserve members without requirement for
formal application or request.
Sec. 518. Space-required travel by Reserves on military aircraft.
Sec. 519. Payment of Federal Employee Health Benefit Program
premiums for certain Reservists called to active duty in support of
contingency operations.
SUBTITLE C--JOINT SPECIALTY OFFICERS AND JOINT PROFESSIONAL MILITARY
EDUCATION
Sec. 521. Nominations and promotions for joint specialty officers.
Sec. 522. Joint duty credit.
Sec. 523. Retroactive joint service credit for duty in certain
joint task forces.
Sec. 524. Revision to annual report on joint officer management.
Sec. 525. Requirement for selection for joint specialty before
promotion to general or flag officer grade.
Sec. 526. Independent study of joint officer management and joint
professional military education reforms.
Sec. 527. Professional development education.
Sec. 528. Authority for National Defense University to enroll
certain private sector civilians.
Sec. 529. Continuation of reserve component professional military
education test.
SUBTITLE D--MILITARY EDUCATION AND TRAINING
Sec. 531. Defense Language Institute Foreign Language Center.
Sec. 532. Authority for the Marine Corps University to award
degree of master of strategic studies.
Sec. 533. Foreign students attending the service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or
midshipman in Senior Reserve Officers' Training Corps scholarship
programs.
Sec. 535. Participation of regular enlisted members of the Armed
Forces in Senior Reserve Officers' Training Corps program.
Sec. 536. Authority to modify the service obligation of certain
ROTC cadets in military junior colleges receiving financial assistance.
Sec. 537. Repeal of limitation on number of Junior Reserve
Officers' Training Corps units.
Sec. 538. Modification of nurse officer candidate accession
program restriction on students attending educational institutions with
senior reserve officers' training programs.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the chaplain for the Corps of
Cadets at the United States Military Academy.
SUBTITLE E--RECRUITING AND ACCESSION PROGRAMS
Sec. 541. 18-month enlistment pilot program.
Sec. 542. Improved benefits under the Army College First program.
Sec. 543. Correction and extension of certain Army recruiting
pilot program authorities.
Sec. 544. Military recruiter access to secondary school students.
Sec. 545. Permanent authority for use of military recruiting funds
for certain expenses at Department of Defense recruiting functions.
Sec. 546. Report on health and disability benefits for
pre-accession training and education programs.
SUBTITLE F--DECORATIONS, AWARDS, AND POSTHUMOUS COMMISSIONS
Sec. 551. Authority for award of the Medal of Honor to Humbert R.
Versace, Jon E. Swanson, and Ben L. Salomon for valor.
Sec. 552. Review regarding award of Medal of Honor to certain
Jewish American and Hispanic American war veterans.
Sec. 553. Authority to issue duplicate Medals of Honor and to
replace stolen military decorations.
Sec. 554. Retroactive Medal of Honor special pension.
Sec. 555. Waiver of time limitations for award of certain
decorations to certain persons.
Sec. 556. Sense of Congress on issuance of certain medals.
Sec. 557. Sense of Congress on development of a more
comprehensive, uniform policy for the award of decorations to military
and civilian personnel of the Department of Defense.
Sec. 558. Posthumous Army commission in the grade of captain in
the Chaplains Corps to Ella E. Gibson for service as chaplain of the
First Wisconsin Heavy Artillery Regiment during the Civil War.
SUBTITLE G--FUNERAL HONORS DUTY
Sec. 561. Participation of military retirees in funeral honors details.
Sec. 562. Funeral honors duty performed by Reserve and Guard
members to be treated as inactive-duty training for certain purposes.
Sec. 563. Use of military leave for funeral honors duty by Reserve
members and National Guardsmen.
Sec. 564. Authority to provide appropriate articles of clothing as
a civilian uniform for civilians participating in funeral honor details.
SUBTITLE H--MILITARY SPOUSES AND FAMILY MEMBERS
Sec. 571. Improved financial and other assistance to military
spouses for job training and education.
Sec. 572. Persons authorized to be included in surveys of military
families regarding Federal programs.
Sec. 573. Clarification of treatment of classified information
concerning persons in a missing status.
Sec. 574. Transportation to annual meeting of next-of-kin of
persons unaccounted for from conflicts after World War II.
Sec. 575. Amendments to charter of Defense Task Force on Domestic
Violence.
SUBTITLE I--MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Sec. 581. Blood alcohol content limit for the offense under the
Uniform Code of Military Justice of drunken operation of a vehicle,
aircraft, or vessel.
Sec. 582. Requirement that courts-martial consist of not less than
12 members in capital cases.
Sec. 583. Acceptance of voluntary legal assistance for the civil
affairs of members and former members of the uniformed services and
their dependents.
SUBTITLE J--OTHER MATTERS
Sec. 591. Congressional review period for change in ground combat
exclusion policy.
Sec. 592. Per diem allowance for lengthy or numerous deployments.
Sec. 593. Clarification of disability severance pay computation.
Sec. 594. Transportation or storage of privately owned vehicles on
change of permanent station.
Sec. 595. Repeal of requirement for final Comptroller General
report relating to Army end strength allocations.
Sec. 596. Continued Department of Defense administration of
National Guard Challenge program and Department of Defense Starbase
program.
Sec. 597. Report on Defense Science Board recommendation on
original appointments in regular grades for Academy graduates and
certain other new officers.
Sec. 598. Sense of Congress regarding the selection of officers
for recommendation for appointment as Commander, United States
Transportation Command.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A--PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers
with prior service as an enlisted member or warrant officer.
Sec. 603. Reserve component compensation for distributed learning
activities performed as inactive-duty training.
Sec. 604. Subsistence allowances.
Sec. 605. Eligibility for temporary housing allowance while in
travel or leave status between permanent duty stations.
Sec. 606. Uniform allowance for officers.
Sec. 607. Family separation allowance for members electing
unaccompanied tour by reason of health limitations of dependents.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. One-year extension of special pay and bonus authorities
for nuclear officers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Hazardous duty pay for members of maritime visit, board,
search, and seizure teams.
Sec. 616. Eligibility for certain career continuation bonuses for
early commitment to remain on active duty.
Sec. 617. Secretarial discretion in prescribing submarine duty
incentive pay rates.
Sec. 618. Conforming accession bonus for dental officers authority
with authorities for other special pay and bonuses.
Sec. 619. Modification of eligibility requirements for Individual
Ready Reserve bonus for reenlistment, enlistment, or extension of
enlistment.
Sec. 620. Installment payment authority for 15-year career status bonus.
Sec. 621. Accession bonus for new officers in critical skills.
Sec. 622. Education savings plan to encourage reenlistments and
extensions of service in critical specialties.
Sec. 623. Continuation of payment of special and incentive pay at
unreduced rates during stop loss periods.
Sec. 624. Retroactive authorization for imminent danger pay for
service in connection with Operation Enduring Freedom.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 631. Minimum per diem rate for travel and transportation
allowance for travel performed upon a change of permanent station and
certain other travel.
Sec. 632. Eligibility for payment of subsistence expenses
associated with occupancy of temporary lodging incident to reporting to
first permanent duty station.
Sec. 633. Reimbursement of members for mandatory pet quarantine
fees for household pets.
Sec. 634. Increased weight allowance for transportation of baggage
and household effects for junior enlisted members.
Sec. 635. Eligibility of additional members for dislocation allowance.
Sec. 636. Partial dislocation allowance authorized for housing
moves ordered for Government convenience.
Sec. 637. Allowances for travel performed in connection with
members taking authorized leave between consecutive overseas tours.
Sec. 638. Travel and transportation allowances for family members
to attend burial of a deceased member of the uniformed services.
Sec. 639. Funded student travel for foreign study under an
education program approved by a United States school.
SUBTITLE D--RETIREMENT AND SURVIVOR BENEFIT MATTERS
Sec. 641. Contingent authority for concurrent receipt of military
retired pay and veterans' disability compensation and enhancement of
special compensation authority.
Sec. 642. Survivor Benefit Plan annuities for surviving spouses of
members who die while on active duty and not eligible for retirement.
SUBTITLE E--OTHER MATTERS
Sec. 651. Payment for unused leave in excess of 60 days accrued by
members of reserve components on active duty for one year or less.
Sec. 652. Additional authority to provide assistance for families
of members of the Armed Forces.
Sec. 653. Authorization of transitional compensation and
commissary and exchange benefits for dependents of commissioned officers
of the Public Health Service and the National Oceanic and Atmospheric
Administration who are separated for dependent abuse.
Sec. 654. Transfer of entitlement to educational assistance under
Montgomery GI Bill by members of the Armed Forces with critical military
skills.
TITLE VII--HEALTH CARE PROVISIONS
SUBTITLE A--TRICARE PROGRAM IMPROVEMENTS
Sec. 701. Sub-acute and long-term care program reform.
Sec. 702. Prosthetics and hearing aids.
Sec. 703. Durable medical equipment.
Sec. 704. Rehabilitative therapy.
Sec. 705. Report on mental health benefits.
Sec. 706. Clarification of eligibility for reimbursement of travel
expenses of adult accompanying patient in travel for specialty care.
Sec. 707. TRICARE program limitations on payment rates for
institutional health care providers and on balance billing by
institutional and noninstitutional health care providers.
Sec. 708. Improvements in administration of the TRICARE program.
SUBTITLE B--SENIOR HEALTH CARE
Sec. 711. Clarifications and improvements regarding the Department
of Defense Medicare-Eligible Retiree Health Care Fund.
SUBTITLE C--STUDIES AND REPORTS
Sec. 721. Comptroller General study of health care coverage of
members of the reserve components of the Armed Forces and the National
Guard.
Sec. 722. Comptroller General study of adequacy and quality of
health care provided to women under the defense health program.
Sec. 723. Repeal of obsolete report requirement.
Sec. 724. Comptroller General report on requirement to provide
screenings, physical examinations, and other care for certain members.
SUBTITLE D--OTHER MATTERS
Sec. 731. Prohibition against requiring military retirees to
receive health care solely through the Department of Defense.
Sec. 732. Fees for trauma and other medical care provided to civilians.
Sec. 733. Enhancement of medical product development.
Sec. 734. Pilot program providing for Department of Veterans
Affairs support in the performance of separation physical examinations.
Sec. 735. Modification of prohibition on requirement of
nonavailability statement or preauthorization.
Sec. 736. Transitional health care for members separated from
active duty.
Sec. 737. Two-year extension of health care management
demonstration program.
Sec. 738. Joint DoD-VA pilot program for providing graduate
medical education and training for physicians.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SUBTITLE A--PROCUREMENT MANAGEMENT AND ADMINISTRATION
Sec. 801. Management of procurement of services.
Sec. 802. Savings goals for procurements of services.
Sec. 803. Competition requirement for purchase of services
pursuant to multiple award contracts.
Sec. 804. Reports on maturity of technology at initiation of major
defense acquisition programs.
SUBTITLE B--USE OF PREFERRED SOURCES
Sec. 811. Applicability of competition requirements to purchases
from a required source.
Sec. 812. Extension of mentor-protege program.
Sec. 813. Increase of assistance limitation regarding procurement
technical assistance program.
SUBTITLE C--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND RELATED MATTERS
Sec. 821. Amendments to conform with administrative changes in
acquisition phase and milestone terminology and to make related
adjustments in certain requirements applicable at milestone transition
points.
Sec. 822. Follow-on production contracts for products developed
pursuant to prototype projects.
Sec. 823. One-year extension of program applying simplified
procedures to certain commercial items.
Sec. 824. Acquisition workforce qualifications.
Sec. 825. Report on implementation of recommendations of the
acquisition 2005 task force.
SUBTITLE D--OTHER MATTERS
Sec. 831. Identification of errors made by executive agencies in
payments to contractors and recovery of amounts erroneously paid.
Sec. 832. Codification and modification of provision of law known
as the ``Berry amendment''.
Sec. 833. Personal services contracts to be performed by
individuals or organizations abroad.
Sec. 834. Requirements regarding insensitive munitions.
Sec. 835. Inapplicability of limitation to small purchases of
miniature or instrument ball or roller bearings under certain
circumstances.
Sec. 836. Temporary emergency procurement authority to facilitate
the defense against terrorism or biological or chemical attack.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE A--DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS
Sec. 901. Deputy Under Secretary of Defense for Personnel and Readiness.
Sec. 902. Sense of Congress on functions of new Office of Force
Transformation in the Office of the Secretary of Defense.
Sec. 903. Suspension of reorganization of engineering and
technical authority policy within the Naval Sea Systems Command pending
report to congressional committees.
SUBTITLE B--SPACE ACTIVITIES
Sec. 911. Joint management of space programs.
Sec. 912. Requirement to establish in the Air Force an officer
career field for space.
Sec. 913. Secretary of Defense report on space activities.
Sec. 914. Comptroller General assessment of implementation of
recommendations of Space Commission.
Sec. 915. Sense of Congress regarding officers recommended to be
appointed to serve as Commander of United States Space Command.
SUBTITLE C--REPORTS
Sec. 921. Revised requirement for Chairman of the Joint Chiefs of
Staff to advise Secretary of Defense on the assignment of roles and
missions to the Armed Forces.
Sec. 922. Revised requirements for content of annual report on
joint warfighting experimentation.
Sec. 923. Repeal of requirement for one of three remaining
required reports on activities of Joint Requirements Oversight Council.
Sec. 924. Revised joint report on establishment of national
collaborative information analysis capability.
SUBTITLE D--OTHER MATTERS
Sec. 931. Conforming amendments relating to change of name of
Military Airlift Command to Air Mobility Command.
Sec. 932. Organizational realignment for Navy Director for
Expeditionary Warfare.
TITLE X--GENERAL PROVISIONS
SUBTITLE A--FINANCIAL MATTERS
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of supplemental appropriations for fiscal
year 2001.
Sec. 1004. United States contribution to NATO common-funded
budgets in fiscal year 2002.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2002.
Sec. 1006. Maximum amount for National Foreign Intelligence Program.
Sec. 1007. Clarification of applicability of interest penalties
for late payment of interim payments due under contracts for services.
Sec. 1008. Reliability of Department of Defense financial statements.
Sec. 1009. Financial Management Modernization Executive Committee
and financial feeder systems compliance process.
Sec. 1010. Authorization of funds for ballistic missile defense
programs or combating terrorism programs of the Department of Defense.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Sec. 1011. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1012. Sale of Glomar Explorer to the lessee.
Sec. 1013. Leasing of Navy ships for university national
oceanographic laboratory system.
Sec. 1014. Increase in limitations on administrative authority of
the Navy to settle admiralty claims.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Sec. 1021. Extension and restatement of authority to provide
Department of Defense support for counter-drug activities of other
governmental agencies.
Sec. 1022. Extension of reporting requirement regarding Department
of Defense expenditures to support foreign counter-drug activities.
Sec. 1023. Authority to transfer Tracker aircraft currently used
by Armed Forces for counter-drug purposes.
Sec. 1024. Limitation on use of funds for operation of Tethered
Aerostat Radar System pending submission of required report.
SUBTITLE D--STRATEGIC FORCES
Sec. 1031. Repeal of limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1032. Air Force bomber force structure.
Sec. 1033. Additional element for revised nuclear posture review.
Sec. 1034. Report on options for modernization and enhancement of
missile wing helicopter support.
SUBTITLE E--OTHER DEPARTMENT OF DEFENSE PROVISIONS
Sec. 1041. Secretary of Defense recommendation on need for
Department of Defense review of proposed Federal agency actions to
consider possible impact on national defense.
Sec. 1042. Department of Defense reports to Congress to be
accompanied by electronic version upon request.
Sec. 1043. Department of Defense gift authorities.
Sec. 1044. Acceleration of research, development, and production
of medical countermeasures for defense against biological warfare
agents.
Sec. 1045. Chemical and biological protective equipment for
military personnel and civilian employees of the Department of Defense.
Sec. 1046. Sale of goods and services by Naval Magazine, Indian
Island, Alaska.
Sec. 1047. Report on procedures and guidelines for embarkation of
civilian guests on naval vessels for public affairs purposes.
Sec. 1048. Technical and clerical amendments.
Sec. 1049. Termination of referendum requirement regarding
continuation of military training on island of Vieques, Puerto Rico, and
imposition of additional conditions on closure of live-fire training
range.
SUBTITLE F--OTHER MATTERS
Sec. 1061. Assistance for firefighters.
Sec. 1062. Extension of times for Commission on the Future of the
United States Aerospace industry to report and to terminate.
Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund.
Sec. 1064. Waiver of vehicle weight limits during periods of
national emergency.
Sec. 1065. Repair, restoration, and preservation of Lafayette
Escadrille Memorial, Marnes-la-Coquette, France.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SUBTITLE A--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Personnel pay and qualifications authority for
Department of Defense Pentagon Reservation civilian law enforcement and
security force.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Authority of civilian employees to act as notaries.
Sec. 1104. Authority to appoint certain health care professionals
in the excepted service.
SUBTITLE B--CIVILIAN PERSONNEL MANAGEMENT GENERALLY
Sec. 1111. Authority to provide hostile fire pay.
Sec. 1112. Payment of expenses to obtain professional credentials.
Sec. 1113. Parity in establishment of wage schedules and rates for
prevailing rate employees.
Sec. 1114. Modification of limitation on premium pay.
Sec. 1115. Participation of personnel in technical standards
development activities.
Sec. 1116. Retention of travel promotional items.
Sec. 1117. Applicability of certain laws to certain individuals
assigned to work in the Federal Government.
SUBTITLE C--INTELLIGENCE CIVILIAN PERSONNEL
Sec. 1121. Authority to increase maximum number of positions in
the Defense Intelligence Senior Executive Service.
SUBTITLE D--MATTERS RELATING TO RETIREMENT
Sec. 1131. Improved portability of retirement coverage for
employees moving between civil service employment and employment by
nonappropriated fund instrumentalities.
Sec. 1132. Federal employment retirement credit for
nonappropriated fund instrumentality service.
Sec. 1133. Modification of limitations on exercise of voluntary
separation incentive pay authority and voluntary early retirement
authority.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SUBTITLE A--MATTERS RELATED TO ARMS CONTROL AND MONITORING
Sec. 1201. Clarification of authority to furnish nuclear test
monitoring equipment to foreign governments.
Sec. 1202. Limitation on funding for joint Data Exchange Center in
Moscow.
Sec. 1203. Support of United Nations-sponsored efforts to inspect
and monitor Iraqi weapons activities.
Sec. 1204. Authority for employees of Federal Government
contractors to accompany chemical weapons inspection teams at
Government-owned facilities.
Sec. 1205. Plan for securing nuclear weapons, material, and
expertise of the states of the former Soviet Union.
SUBTITLE B--MATTERS RELATING TO ALLIES AND FRIENDLY FOREIGN NATIONS
Sec. 1211. Acquisition of logistical support for security forces.
Sec. 1212. Extension of authority for international cooperative
research and development projects.
Sec. 1213. Cooperative agreements with foreign countries and
international organizations for reciprocal use of test facilities.
Sec. 1214. Sense of Congress on allied defense burdensharing.
SUBTITLE C--REPORTS
Sec. 1221. Report on significant sales and transfers of military
hardware, expertise, and technology to the People's Republic of China.
Sec. 1222. Repeal of requirement for reporting to Congress on
military deployments to Haiti.
Sec. 1223. Report by Comptroller General on provision of defense
articles, services, and military education and training to foreign
countries and international organizations.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs
and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until submission of reports.
Sec. 1304. Requirement to consider use of revenue generated by
activities carried out under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of
fissile material storage facility.
Sec. 1306. Prohibition against use of funds for certain
construction activities.
Sec. 1307. Reports on activities and assistance under Cooperative
Threat Reduction programs.
Sec. 1308. Chemical weapons destruction.
Sec. 1309. Additional matter in annual report on activities and
assistance under Cooperative Threat Reduction programs.
TITLE XIV--ARMED FORCES RETIREMENT HOME
Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1402. Definitions.
Sec. 1403. Revision of authority establishing the Armed Forces
Retirement Home.
Sec. 1404. Chief Operating Officer.
Sec. 1405. Residents of Retirement Home.
Sec. 1406. Local Boards of Trustees.
Sec. 1407. Directors, Deputy Directors, Associate Directors, and
staff of facilities.
Sec. 1408. Disposition of effects of deceased persons and
unclaimed property.
Sec. 1409. Transitional provisions.
Sec. 1410. Conforming and clerical amendments and repeals of
obsolete provisions.
TITLE XV--ACTIVITIES RELATING TO COMBATING TERRORISM
SUBTITLE A--INCREASED FUNDING FOR COMBATING TERRORISM
Sec. 1501. Definitions.
Sec. 1502. Authorization of emergency appropriations for fiscal
year 2001 made by Public Law 107 38 and allocated for national defense
functions.
Sec. 1503. Authorization of emergency supplemental appropriations
for fiscal year 2002.
Sec. 1504. Authorization of use of funds for military construction
projects.
Sec. 1505. Treatment of transferred amounts.
Sec. 1506. Quarterly reports.
SUBTITLE B--POLICY MATTERS RELATING TO COMBATING TERRORISM
Sec. 1511. Study and report on the role of the Department of
Defense with respect to homeland security.
Sec. 1512. Combating Terrorism Readiness Initiatives Fund for
combatant commands.
Sec. 1513. Conveyances of equipment and related materials loaned
to State and local governments as assistance for emergency response to a
use or threatened use of a weapon of mass destruction.
Sec. 1514. Two-year extension of advisory panel to assess domestic
response capabilities for terrorism involving weapons of mass
destruction.
TITLE XVI--UNIFORMED SERVICES VOTING
Sec. 1601. Sense of Congress regarding the importance of voting.
Sec. 1602. Voting assistance programs.
Sec. 1603. Guarantee of residency for military personnel.
Sec. 1604. Electronic voting demonstration project.
Sec. 1605. Governors' reports on implementation of recommendations
for changes in State law made under Federal Voting Assistance Program.
Sec. 1606. Simplification of voter registration and absentee
ballot application procedures for absent uniformed services and overseas
voters.
Sec. 1607. Use of certain Department of Defense facilities as
polling places.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title; definition.
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 2001 projects.
Sec. 2106. Modification of authority to carry out certain fiscal
year 2000 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal
year 2001 projects.
Sec. 2206. Modification of authority to carry out certain fiscal
year 2000 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal
year 2001 projects.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Cancellation of authority to carry out certain fiscal
year 2001 projects.
Sec. 2405. Modification of authority to carry out certain fiscal
year 2000 projects.
Sec. 2406. Modification of authority to carry out certain fiscal
year 1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal
year 1995 project.
Sec. 2408. Prohibition on expenditures to develop forward
operating location on Aruba.
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 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 1999
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Sec. 2801. Increase in thresholds for certain unspecified minor
military construction projects.
Sec. 2802. Exclusion of unforeseen environmental hazard
remediation from limitation on authorized cost variations.
Sec. 2803. Repeal of annual reporting requirement on military
construction and military family housing activities.
Sec. 2804. Funds for housing allowances of members assigned to
military family housing under alternative authority for acquisition and
improvement of military housing.
Sec. 2805. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2806. Treatment of financing costs as allowable expenses
under contracts for utility services from utility systems conveyed under
privatization initiative.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2811. Use of military installations for certain recreational
activities.
Sec. 2812. Availability of proceeds of sales of Department of
Defense property from certain closed military installations.
Sec. 2813. Pilot program to provide additional tools for efficient
operation of military installations.
Sec. 2814. Demonstration program on reduction in long-term
facility maintenance costs.
Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas.
SUBTITLE C--IMPLEMENTATION OF PRIOR BASE CLOSURE AND REALIGNMENT ROUNDS
Sec. 2821. Lease back of base closure property.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm,
Anchorage, Alaska.
Sec. 2832. Lease authority, Fort Derussy, Hawaii.
Sec. 2833. Modification of land exchange, Rock Island Arsenal, Illinois.
Sec. 2834. Land conveyance, Fort Des Moines, Iowa.
Sec. 2835. Modification of land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2837. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2838. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin.
PART II--NAVY CONVEYANCES
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval
Station, Humboldt County, California.
Sec. 2842. Land conveyance, Port of Long Beach, California.
Sec. 2843. Conveyance of pier, Naval Base, San Diego, California.
Sec. 2844. Modification of authority for conveyance of Naval
Computer and Telecommunications Station, Cutler, Maine.
Sec. 2845. Land transfer and conveyance, Naval Security Group
Activity, Winter Harbor, Maine.
Sec. 2846. Land acquisition, Perquimans County, North Carolina.
Sec. 2847. Land conveyance, Naval Weapons Industrial Reserve
Plant, Toledo, Ohio.
Sec. 2848. Modification of land conveyance, former United States
Marine Corps Air Station, Eagle Mountain Lake, Texas.
PART III--AIR FORCE CONVEYANCES
Sec. 2851. Conveyance of avigation easements, former Norton Air
Force Base, California.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base,
Colorado.
Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2854. Conveyance of segment of Loring petroleum pipeline,
Maine, and related easements.
Sec. 2855. Land conveyance, petroleum terminal serving former
Loring Air Force Base and Bangor Air National Guard Base, Maine.
Sec. 2856. Land conveyances, certain former Minuteman III ICBM
facilities in North Dakota.
Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina.
Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett,
Washington.
SUBTITLE E--OTHER MATTERS
Sec. 2861. Management of the Presidio of San Francisco.
Sec. 2862. Transfer of jurisdiction for development of Air Force
morale, welfare, and recreation facility, Park City, Utah.
Sec. 2863. Alternate site for United States Air Force Memorial,
preservation of open space on Arlington Ridge tract, and related land
transfer at Arlington National Cemetery, Virginia.
Sec. 2864. Establishment of memorial to victims of terrorist
attack on Pentagon Reservation and authority to accept monetary
contributions for memorial and repair of Pentagon.
Sec. 2865. Repeal of limitation on cost of renovation of Pentagon
Reservation.
Sec. 2866. Development of United States Army Heritage and
Education Center at Carlisle Barracks, Pennsylvania.
Sec. 2867. Effect of limitation on construction of roads or
highways, Marine Corps Base, Camp Pendleton, California.
Sec. 2868. Establishment of World War II memorial at additional
location on Guam.
Sec. 2869. Demonstration project for purchase of fire, security,
police, public works, and utility services from local government
agencies.
Sec. 2870. Report on future land needs of United States Military
Academy, New York, and adjacent community.
Sec. 2871. Naming of Patricia C. Lamar Army National Guard
Readiness Center, Oxford, Mississippi.
TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands for National
Training Center.
Sec. 2903. Map and legal description.
Sec. 2904. Management of withdrawn and reserved lands.
Sec. 2905. Water rights.
Sec. 2906. Environmental compliance and environmental response
requirements.
Sec. 2907. West Mojave Coordinated Management Plan.
Sec. 2908. Release of wilderness study areas.
Sec. 2909. Training activity separation from utility corridors.
Sec. 2910. Duration of withdrawal and reservation.
Sec. 2911. Extension of initial withdrawal and reservation.
Sec. 2912. Termination and relinquishment.
Sec. 2913. Delegation of authority.
TITLE XXX--REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS AND
PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX
Sec. 3001. Authorization of round of realignments and closures of
military installations in 2005.
Sec. 3002. Selection criteria.
Sec. 3003. Revised procedures for making recommendations for
realignments and closures and commission consideration of
recommendations.
Sec. 3004. Limitations on privatization in place.
Sec. 3005. Department of Defense Base Closure Account 2005.
Sec. 3006. Implementation of closure and realignment decisions.
Sec. 3007. Technical and clarifying amendments.
Sec. 3008. Preparation of infrastructure plan for the nuclear
weapons complex.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Sec. 3121. Reprogramming.
Sec. 3122. Limits on minor construction 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.
Sec. 3130. Transfer of weapons activities funds.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Sec. 3131. Consolidation of Nuclear Cities Initiative program with
Initiatives for Proliferation Prevention program.
Sec. 3132. Nuclear Cities Initiative.
Sec. 3133. Limitation on availability of funds for weapons
activities for facilities and infrastructure.
Sec. 3134. Limitation on availability of funds for other defense
activities for national security programs administrative support.
Sec. 3135. Termination date of Office of River Protection,
Richland, Washington.
Sec. 3136. Support for public education in the vicinity of Los
Alamos National Laboratory, New Mexico.
Sec. 3137. Reports on achievement of milestones for National
Ignition Facility.
SUBTITLE D--MATTERS RELATING TO MANAGEMENT OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION
Sec. 3141. Establishment of Principal Deputy Administrator of
National Nuclear Security Administration.
Sec. 3142. Elimination of requirement that national security
laboratories and nuclear weapons production facilities report to Deputy
Administrator for Defense Programs.
Sec. 3143. Repeal of duplicative provision relating to dual office
holding by personnel of National Nuclear Security Administration.
Sec. 3144. Report on adequacy of Federal pay and hiring
authorities to meet personnel requirements of National Nuclear Security
Administration.
SUBTITLE E--OTHER MATTERS
Sec. 3151. Improvements to Energy Employees Occupational Illness
Compensation Program.
Sec. 3152. Department of Energy counterintelligence polygraph program.
Sec. 3153. One-year extension of authority of Department of Energy
to pay voluntary separation incentive payments.
Sec. 3154. Annual assessment and report on vulnerability of
Department of Energy facilities to terrorist attack.
Sec. 3155. Disposition of surplus defense plutonium at Savannah
River Site, Aiken, South Carolina.
Sec. 3156. Modification of date of report of panel to assess the
reliability, safety, and security of the United States nuclear
stockpile.
SUBTITLE F--ROCKY FLATS NATIONAL WILDLIFE REFUGE
Sec. 3171. Short title.
Sec. 3172. Findings and purposes.
Sec. 3173. Definitions.
Sec. 3174. Future ownership and management.
Sec. 3175. Transfer of management responsibilities and
jurisdiction over Rocky Flats.
Sec. 3176. Administration of retained property; continuation of
cleanup and closure.
Sec. 3177. Rocky Flats National Wildlife Refuge.
Sec. 3178. Comprehensive planning process.
Sec. 3179. Property rights.
Sec. 3180. Liabilities and other obligations.
Sec. 3181. Rocky Flats Museum.
Sec. 3182. Annual report on funding.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3304. Revision of limitations on required disposals of
certain materials in National Defense Stockpile.
Sec. 3305. Acceleration of required disposal of cobalt in National
Defense Stockpile.
Sec. 3306. Restriction on disposal of manganese ferro.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2002.
Sec. 3502. Define ``war risks'' to vessels to include
confiscation, expropriation, nationalization, and deprivation of the
vessels.
Sec. 3503. Holding obligor's cash as collateral under title XI of
Merchant Marine Act, 1936.
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.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical Agents and Munitions Destruction, Defense.
Sec. 107. Defense Health Program.
SUBTITLE B--ARMY PROGRAMS
Sec. 111. Repeal of limitations on bunker defeat munitions program.
Sec. 112. Extension of pilot program on sales of manufactured
articles and services of certain Army industrial facilities without
regard to availability from domestic sources.
Sec. 113. Limitations on acquisition of interim armored vehicles
and deployment of interim brigade combat teams.
SUBTITLE C--NAVY PROGRAMS
Sec. 121. Virginia class submarine program.
Sec. 122. Multiyear procurement authority for F/A 18E/F aircraft
engines.
Sec. 123. V 22 Osprey aircraft program.
Sec. 124. Report on status of V 22 Osprey aircraft before
resumption of flight testing.
SUBTITLE D--AIR FORCE PROGRAMS
Sec. 131. Multiyear procurement authority for C 17 aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2002
for procurement for the Army as follows:
(1) For aircraft, $2,075,372,000.
(2) For missiles, $1,086,954,000.
(3) For weapons and tracked combat vehicles, $2,348,145,000.
(4) For ammunition, $1,187,233,000.
(5) For other procurement, $4,044,080,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Navy as follows:
(1) For aircraft, $8,323,147,000.
(2) For weapons, including missiles and torpedoes, $1,484,321,000.
(3) For shipbuilding and conversion, $9,370,972,000.
(4) For other procurement, $4,282,471,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated for
fiscal year 2002 for procurement for the Marine Corps in the amount of
$1,014,637,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to
be appropriated for fiscal year 2002 for procurement of ammunition for
the Navy and the Marine Corps in the amount of $466,907,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2002
for procurement for the Air Force as follows:
(1) For aircraft, $10,789,167,000.
(2) For missiles, $3,222,636,000.
(3) For ammunition, $881,844,000.
(4) For other procurement, $8,196,021,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2002
for Defense-wide procurement in the amount of $2,279,482,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2002
for procurement for the Inspector General of the Department of Defense
in the amount of $2,800,000.
SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
There is hereby authorized to be appropriated for fiscal year 2002
for the Department of Defense for Chemical Agents and Munitions
Destruction, Defense, the amount of $1,153,557,000 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 PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2002
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 $267,915,000.
Subtitle B--Army Programs
SEC. 111. REPEAL OF LIMITATIONS ON BUNKER DEFEAT MUNITIONS PROGRAM.
Section 116 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103 337; 108 Stat. 2682) is repealed.
SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED
ARTICLES AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES WITHOUT
REGARD TO AVAILABILITY FROM DOMESTIC SOURCES.
Section 141(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105 85; 10 U.S.C. 4543 note) is amended--
(1) by striking ``through 2001'' and inserting ``through 2002''; and
(2) by inserting before the period at the end the following: ``,
except that during fiscal year 2002 the Secretary may only use articles
manufactured at, and services provided by, not more than one Army
industrial facility''.
SEC. 113. LIMITATIONS ON ACQUISITION OF INTERIM ARMORED
VEHICLES AND DEPLOYMENT OF INTERIM BRIGADE COMBAT TEAMS.
Section 113 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 23) is amended--
(1) by redesignating subsection (f) as subsection (j); and
(2) by inserting after subsection (e) the following new subsections:
``(f) Waiver of Comparison Requirement.--The Secretary of Defense may
waive subsections (c) and (e)(1) and submit to the congressional defense
committees a certification under subsection (e)(2) without regard to the
requirement in that subsection for the completion of a comparison of
costs and operational effectiveness if the Secretary includes in the
submittal a certification of each of the following:
``(1) That the results of executed tests and existing analyses are
sufficient for making a meaningful comparison of the costs and
operational effectiveness of the interim armored vehicles referred to in
subparagraph (A) of subsection (c)(1) and the medium armored vehicles
referred to in subparagraph (B) of such subsection.
``(2) That the conduct of a comparative evaluation of those vehicles
in a realistic field environment would provide no significant additional
data relevant to that comparison.
``(3) That the Secretary has evaluated the existing data on cost and
operational effectiveness of those vehicles and, taking that data into
consideration, approves the obligation of funds for the acquisition of
additional interim armored vehicles.
``(4) That sufficient resources will be requested in the
future-years defense program to fully fund the Army's requirements for
interim brigade combat teams.
``(5) That the force structure resulting from the establishment of
the interim brigade combat teams and the subsequent achievement of
operational capability by those teams will not diminish the combat power
of the Army.
``(g) Experimentation Program.--The Secretary of the Army shall
develop and provide resources for an experimentation program that will--
``(1) provide information as to the design of the objective force; and
``(2) include a formal linkage of the interim brigade combat teams
to that experimentation.
``(h) Operational Evaluation.--(1) The Secretary of the Army shall
conduct an operational evaluation of the initial interim brigade combat
team. The evaluation shall include deployment of the team to the
evaluation site and team execution of combat missions across the full
spectrum of potential threats and operational scenarios.
``(2) The operational evaluation under paragraph (1) may not be
conducted until the plan for such evaluation is approved by the Director
of Operational Test and Evaluation of the Department of Defense.
``(i) Limitation on Procurement of Interim Armored Vehicles and
Deployment of IBCTs.--(1) The actions described in paragraph (2) may not
be taken until the date that is 30 days after the date on which the
Secretary of Defense--
``(A) submits to Congress a report on the operational evaluation
carried out under subsection (h); and
``(B) certifies to Congress that the results of that operational
evaluation indicate that the design for the interim brigade combat team
is operationally effective and operationally suitable.
``(2) The limitation in paragraph (1) applies to the following
actions:
``(A) Procurement of interim armored vehicles in addition to those
necessary for equipping the first three interim brigade combat teams.
``(B) Deployment of any interim brigade combat team outside the
United States.
``(3) The Secretary of Defense may waive the applicability of
paragraph (1) to a deployment described in paragraph (2)(B) if the
Secretary--
``(A) determines that the deployment is in the national security
interests of the United States; and
``(B) submits to Congress, in writing, a notification of the waiver
together with a discussion of the reasons for the waiver.''.
Subtitle C--Navy Programs
SEC. 121. VIRGINIA CLASS SUBMARINE PROGRAM.
Section 123(b)(1) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 25) is amended--
(1) by striking ``five Virginia class submarines'' and inserting
``seven Virginia class submarines''; and
(2) by striking ``2006'' and inserting ``2007''.
SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A 18E/F
AIRCRAFT ENGINES.
(a) Multiyear Authority.--Beginning with the 2002 program year, the
Secretary of the Navy may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear contract for the procurement
of engines for F/A 18E/F aircraft.
(b) Required Certifications.--In the case of a contract authorized by
subsection (a) of this section, a certification under subsection
(i)(1)(A) of section 2306b of title 10, United States Code, with respect
to that contract may only be submitted if the certification includes an
additional certification that each of the conditions specified in
subsection (a) of that section has been satisfied with respect to that
contract.
(c) Congressional Notice-and-Wait Period.--Upon transmission to
Congress of a certification referred to in subsection (b) with respect
to a contract authorized by subsection (a), the contract may then be
entered into only after a period of 30 days has elapsed after the date
of the transmission of such certification.
SEC. 123. V 22 OSPREY AIRCRAFT PROGRAM.
The production rate for V 22 Osprey aircraft may not be increased
above the minimum sustaining production rate for which funds are
authorized to be appropriated by this Act until the Secretary of Defense
certifies to Congress that successful operational testing of the
aircraft demonstrates that--
(1) the solutions to the problems regarding the reliability of
hydraulic system components and flight control software that were
identified by the panel appointed by the Secretary of Defense on January
5, 2001, to review the V 22 aircraft program are adequate to achieve low
risk for crews and passengers aboard V 22 aircraft that are operating
under operational conditions;
(2) the V 22 aircraft can achieve reliability and maintainability
levels that are sufficient for the aircraft to achieve operational
availability at the level required for fleet aircraft;
(3) the V 22 aircraft will be operationally effective--
(A) when employed in operations with other V 22 aircraft; and
(B) when employed in operations with other types of aircraft; and
(4) the V 22 aircraft can be operated effectively, taking into
consideration the downwash effects inherent in the operation of the
aircraft, when the aircraft--
(A) is operated in remote areas with unimproved terrain and
facilities;
(B) is deploying and recovering personnel--
(i) while hovering within the zone of ground effect; and
(ii) while hovering outside the zone of ground effect; and
(C) is operated with external loads.
SEC. 124. REPORT ON STATUS OF V 22 OSPREY AIRCRAFT BEFORE
RESUMPTION OF FLIGHT TESTING.
Not later than 30 days before the resumption of flight testing of the
V 22 Osprey aircraft, the Secretary of Defense shall submit to Congress
a report containing the following:
(1) A comprehensive description of the status of the hydraulics
system and flight control software of the V 22 Osprey aircraft,
including--
(A) a description and analysis of any deficiencies in the hydraulics
system and flight control software of the V 22 Osprey aircraft; and
(B) a description and assessment of the actions taken to redress
each such deficiency.
(2) A description of the current actions, and any proposed actions,
of the Department of Defense to implement the recommendations of the
panel appointed by the Secretary of Defense on January 5, 2001, to
review the V 22 aircraft program.
(3) An assessment of the recommendations of the National Aeronautics
and Space Administration on tiltrotor aeromechanics provided in a
briefing to the Undersecretary of Defense for Acquisition, Logistics,
and Technology on August 14, 2001.
(4) Notice of the waiver, if any, of any item capability or any
other requirement specified in the Joint Operational Requirements
Document for the V 22 Osprey aircraft, including a justification of each
such waiver.
Subtitle D--Air Force Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C 17 AIRCRAFT.
(a) Multiyear Authority.--Beginning with the 2002 program year, the
Secretary of the Air Force may enter into a multiyear contract for the
procurement of up to 60 C 17 aircraft. Such a contract shall be entered
into in accordance with section 2306b of title 10, United States Code,
except that, notwithstanding subsection (k) of such section, such a
contract may be for a period of six program years.
(b) Required Certifications.--In the case of a contract authorized by
subsection (a) of this section, a certification under subsection
(i)(1)(A) of section 2306b of title 10, United States Code, with respect
to that contract may only be submitted if the certification includes an
additional certification that each of the conditions specified in
subsection (a) of that section has been satisfied with respect to that
contract.
(c) Congressional Notice-and-Wait Period.--Upon transmission to
Congress of a certification referred to in subsection (b) with respect
to a contract authorized by subsection (a), the contract may then be
entered into only after a period of 30 days has elapsed after the date
of the transmission of such certification.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Supplemental authorization of appropriations for fiscal
year 2001 for research, development, test, and evaluation, Defense-wide.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Naval surface fire support assessment.
Sec. 212. Collaborative program for development of advanced radar
systems.
Sec. 213. Repeal of limitations on total cost of engineering and
manufacturing development for F 22 aircraft program.
Sec. 214. Joint biological defense program.
Sec. 215. Cooperative Department of Defense-Department of Veterans
Affairs medical research program.
Sec. 216. C 5 aircraft reliability enhancement and reengining program.
SUBTITLE C--BALLISTIC MISSILE DEFENSE
Sec. 231. Transfer of responsibility for procurement for missile
defense programs from Ballistic Missile Defense Organization to military
departments.
Sec. 232. Program elements for Ballistic Missile Defense Organization.
Sec. 233. Support of ballistic missile defense activities of the
Department of Defense by the national defense laboratories of the
Department of Energy.
Sec. 234. Missile defense testing initiative.
Sec. 235. Construction of test bed facilities for missile defense
system.
SUBTITLE D--AIR FORCE SCIENCE AND TECHNOLOGY FOR THE 21ST CENTURY
Sec. 251. Short title.
Sec. 252. Science and technology investment and development planning.
Sec. 253. Study and report on effectiveness of Air Force science
and technology program changes.
SUBTITLE E--OTHER MATTERS
Sec. 261. Establishment of unmanned aerial vehicle joint
operational test bed system.
Sec. 262. Demonstration project to increase small business and
university participation in Office of Naval Research efforts to extend
benefits of science and technology research to fleet.
Sec. 263. Communication of safety concerns from operational test
and evaluation officials to program managers.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2002
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $6,675,325,000.
(2) For the Navy, $10,784,264,000.
(3) For the Air Force, $14,407,187,000.
(4) For Defense-wide activities, $14,593,995,000, of which
$221,355,000 is authorized for the Director of Operational Test and
Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2002.--Of the amounts authorized to be appropriated
by section 201, $5,070,605,000 shall be available for basic research and
applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
SEC. 203. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR
FISCAL YEAR 2001 FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,
DEFENSE-WIDE.
In addition to the funds authorized to be appropriated under section
201(4) of Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106 398; 114 Stat. 1654A
32), there is hereby authorized to be appropriated $1,000,000 for fiscal
year 2001 for the use of the Department of Defense for research,
development, test, and evaluation, for Defense-wide activities.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. NAVAL SURFACE FIRE SUPPORT ASSESSMENT.
(a) Assessment Required.--The Secretary of Defense shall carry out an
assessment of the requirements for naval surface fire support of ground
forces operating in the littoral environment, including the role of an
advanced fire support missile system for Navy combatant vessels. The
matters assessed shall include the Secretary of the Navy's program plan,
schedule, and funding for meeting such requirements.
(b) Report.--Not later than March 31, 2002, the Secretary of Defense
shall submit to the congressional defense committees a report containing
the results of the assessment required by subsection (a).
SEC. 212. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF ADVANCED
RADAR SYSTEMS.
(a) Program Required.--The Secretary of Defense shall carry out a
program to develop and demonstrate advanced technologies and concepts
leading to advanced radar systems for naval and other applications.
(b) Description of Program.--The program under subsection (a) shall
be carried out collaboratively by the Director of Defense Research and
Engineering, the Secretary of the Navy, the Director of the Defense
Advanced Research Projects Agency, and other appropriate elements of the
Department of Defense. The program shall include the following
activities:
(1) Activities needed for development and maturation of the
technologies for advanced electronics materials to extend the range and
sensitivity of radars.
(2) Identification of acquisition systems for use of the new
technology.
(c) Report.--Not later than March 31, 2002, the Director of Defense
Research and Engineering shall submit to the congressional defense
committees a report on the implementation of the program under
subsection (a). The report shall include the following:
(1) A description of the management plan for the program and any
agreements relating to that plan.
(2) A schedule for the program.
(3) Identification of the funding required for fiscal year 2003 and
for the future-years defense program to carry out the program.
(4) A list of program capability goals and objectives.
SEC. 213. REPEAL OF LIMITATIONS ON TOTAL COST OF ENGINEERING
AND MANUFACTURING DEVELOPMENT FOR F 22 AIRCRAFT PROGRAM.
(a) Repeal.--The following provisions of law are repealed:
(1) Section 217(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105 85; 111 Stat. 1660).
(2) Section 8125 of the Department of Defense Appropriations Act,
2001 (Public Law 106 259; 114 Stat. 702).
(3) Section 219(b) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 38).
(b) Conforming Amendments.--(1) Section 217 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105 85; 111 Stat.
1660), as amended by subsection (a)(1), is further amended--
(A) in subsection (c)--
(i) by striking ``limitations set forth in subsections (a) and (b)''
and inserting ``limitation set forth in subsection (b)''; and
(ii) by striking paragraph (3); and
(B) in subsection (d)(2), by striking subparagraphs (D) and (E).
(2) Section 131 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 536) is amended--
(A) in subsection (a)(2), by striking ``That the'' and all that
follows through ``respectively,'' and inserting ``That the production
phase for that program can be executed within the limitation on total
cost applicable to that program under subsection (b)''; and
(B) in subsection (b)(3), by striking ``for the remainder of the
engineering and manufacturing development phase and''.
SEC. 214. JOINT BIOLOGICAL DEFENSE PROGRAM.
Section 217(a) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 36) is amended by striking ``funds authorized to be
appropriated by this Act may not'' and inserting ``no funds authorized
to be appropriated to the Department of Defense for fiscal year 2002
may''.
SEC. 215. COOPERATIVE DEPARTMENT OF DEFENSE-DEPARTMENT OF
VETERANS AFFAIRS MEDICAL RESEARCH PROGRAM.
Of the funds authorized to be appropriated by section 201(4),
$2,500,000 shall be available for the cooperative Department of
Defense/Department of Veterans Affairs medical research program. The
Secretary of Defense shall transfer such amount to the Secretary of
Veterans Affairs for such purpose not later than 30 days after the date
of the enactment of this Act.
SEC. 216. C 5 AIRCRAFT RELIABILITY ENHANCEMENT AND REENGINING PROGRAM.
(a) Kit Development.--The Secretary of the Air Force shall ensure
that engineering manufacturing and development under the C 5 aircraft
reliability enhancement and reengining program includes kit development
for at least one C 5A aircraft.
(b) Aircraft To Be Used for Kit Development.--The C 5A aircraft to be
used for purposes of the kit development under subsection (a) shall be
an aircraft from among the 74 C 5A aircraft of the Air Force.
Subtitle C--Ballistic Missile Defense
SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCUREMENT FOR
MISSILE DEFENSE PROGRAMS FROM BALLISTIC MISSILE DEFENSE ORGANIZATION TO
MILITARY DEPARTMENTS.
(a) Budgeting of Missile Defense Procurement Authority.--Section 224
of title 10, United States Code is amended--
(1) in subsection (a), by striking ``procurement'' both places it
appears and inserting ``research, development, test, and evaluation'';
and
(2) by striking subsections (b) and (c) and inserting the following:
``(b) Transfer Criteria.--(1) The Secretary of Defense shall
establish criteria for the transfer of responsibility for a ballistic
missile defense program from the Director of the Ballistic Missile
Defense Organization to the Secretary of a military department. The
criteria established for such a transfer shall, at a minimum, address
the following:
``(A) The technical maturity of the program.
``(B) The availability of facilities for production.
``(C) The commitment of the Secretary of the military department
concerned to procurement funding for that program, as shown by funding
through the future-years defense program and other defense planning
documents.
``(2) The Secretary shall submit the criteria established, and any
modifications to those criteria, to the congressional defense
committees.
``(c) Notification of Transfer.--Before responsibility for a
ballistic missile defense program is transferred from the Director of
the Ballistic Missile Defense Organization to the Secretary of a
military department, the Secretary of Defense shall submit to the
congressional defense committees notice in writing of the Secretary's
intent to make that transfer. The Secretary shall include with such
notice a certification that the program has met the criteria established
under subsection (b) for such a transfer. The transfer may then be
carried out after the end of the 60-day period beginning on the date of
such notice.
``(d) Conforming Budget and Planning Transfers.--When a ballistic
missile defense program is transferred from the Ballistic Missile
Defense Organization to the Secretary of a military department in
accordance with this section, the Secretary of Defense shall ensure that
all appropriate conforming changes are made to proposed or projected
funding allocations in the future-years defense program under section
221 of this title and other Department of Defense program, budget, and
planning documents.
``(e) Follow-on Research, Development, Test, and Evaluation.--The
Secretary of Defense shall ensure that, before a ballistic missile
defense program is transferred from the Director of the Ballistic
Missile Defense Organization to the Secretary of a military department,
roles and responsibilities for research, development, test, and
evaluation related to system improvements for that program are clearly
defined.
``(f) Congressional Defense Committees.--In this section, the term
`congressional defense committees' means the following:
``(1) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(2) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.''.
(b) Clerical Amendments.--(1) The heading of that section is amended
to read as follows:
``224. Ballistic missile defense programs: display of amounts
for research, development, test, and evaluation''.
(2) The item relating to that section in the table of sections at the
beginning of chapter 9 of such title is amended to read as follows:
``224. Ballistic missile defense programs: display of amounts for
research, development, test, and evaluation.''.
SEC. 232. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE ORGANIZATION.
(a) Revision in Program Elements.--Subsection (a) of section 223 of
title 10, United States Code, is amended--
(1) by striking ``in accordance with the following program
elements:'' and inserting ``in accordance with program elements
governing functional areas as follows:''; and
(2) by striking paragraphs (1) through (12) and inserting the
following:
``(1) Technology.
``(2) Ballistic Missile Defense System.
``(3) Terminal Defense Segment.
``(4) Midcourse Defense Segment.
``(5) Boost Defense Segment.
``(6) Sensors Segment.''.
(b) Additional Requirements.--Subsection (b) of such section is
amended to read as follows:
``(b) Separate Program Elements for Programs Entering Engineering and
Manufacturing Development.--(1) The Secretary of Defense shall ensure
that each ballistic missile defense program that enters engineering and
manufacturing development is assigned a separate, dedicated program
element.
``(2) In this subsection, the term `engineering and manufacturing
development' means the development phase whose primary objectives are
to--
``(A) translate the most promising design approach into a stable,
interoperable, producible, supportable, and cost-effective design;
``(B) validate the manufacturing or production process; and
``(C) demonstrate system capabilities through testing.''.
(c) Requirement for Annual Program Goals.--(1) The Secretary of
Defense shall each year establish cost, schedule, testing, and
performance goals for the ballistic missile defense programs of the
Department of Defense for the period covered by the future-years defense
program that is submitted to Congress that year under section 221 of
title 10, United States Code. Not later than February 1 each year, the
Secretary shall submit to the congressional defense committees a
statement of the goals so established.
(2) The statement of goals submitted under paragraph (1) for any year
after 2002 shall be an update of the statement submitted under that
paragraph for the preceding year.
(3) Each statement of goals submitted under paragraph (1) shall set
forth cost, schedule, testing, and performance goals that pertain to
each functional area program element identified in subsection (a), and
each program element identified in subsection (b), of section 223 of
title 10, United States Code.
(d) Annual Program Plan.--(1) With the submission of the statement of
goals under subsection (c) for any year, the Secretary of Defense shall
submit to the congressional defense committees a program of activities
planned to be carried out for each missile defense program that enters
engineering and manufacturing development (as defined in section
223(b)(2) of title 10, United States Code, as added by subsection (b)).
(2) Each program plan under paragraph (1) shall include the following:
(A) A funding profile that includes an estimate of--
(i) the total expenditures to be made in the fiscal year in which
the plan is submitted and the following fiscal year, together with the
estimated total life-cycle costs of the program; and
(ii) a display of such expenditures (shown for significant
procurement, construction, and research and development) for the fiscal
year in which the plan is submitted and the following fiscal year.
(B) A program schedule for the fiscal year in which the plan is
submitted and the following fiscal year for each of the following:
(i) Significant procurement.
(ii) Construction.
(iii) Research and development.
(iv) Flight tests.
(v) Other significant testing activities.
(3) Information specified in paragraph (2) need not be included in
the plan for any year under paragraph (1) to the extent such information
has already been provided, or will be provided in the current fiscal
year, in annual budget justification documents of the Department of
Defense submitted to Congress or in other required reports to Congress.
(e) Internal DOD Reviews.--(1) The officials and elements of the
Department of Defense specified in paragraph (2) shall on an ongoing
basis--
(A) review the development of goals under subsection (c) and the
annual program plan under subsection (d); and
(B) provide to the Secretary of Defense and the Director of the
Ballistic Missile Defense Organization any comments on such matters as
considered appropriate.
(2) Paragraph (1) applies with respect to the following:
(A) The Under Secretary of Defense for Acquisition, Technology, and
Logistics.
(B) The Director of Operational Test and Evaluation.
(C) The Director of Program Analysis and Evaluation.
(D) The Joint Requirements Oversight Council.
(E) The Cost Analysis and Improvement Group.
(f) Demonstration of Critical Technologies.--(1) The Director of the
Ballistic Missile Defense Organization shall develop a plan for ensuring
that each critical technology for a missile defense program is
successfully demonstrated in an appropriate environment before that
technology enters into operational service as part of a missile defense
program.
(2) The Director of Operational Test and Evaluation of the Department
of Defense shall monitor the development of the plan under paragraph (1)
and shall submit to the Director of the Ballistic Missile Defense
Organization any comments regarding that plan that the Director of
Operational Test and Evaluation considers appropriate.
(g) Comptroller General Assessment.--(1) At the conclusion of each of
fiscal years 2002 and 2003, the Comptroller General of the United States
shall assess the extent to which the Ballistic Missile Defense
Organization achieved the goals established under subsection (c) for
such fiscal year.
(2) Not later than February 15, 2003, and February 15, 2004, the
Comptroller General shall submit to the congressional defense committees
a report on the Comptroller General's assessment under paragraph (1)
with respect to the preceding fiscal year.
(h) Annual OT&E Assessment of Test Program.--(1) The Director of
Operational Test and Evaluation shall each year assess the adequacy and
sufficiency of the Ballistic Missile Defense Organization test program
during the preceding fiscal year.
(2) Not later than February 15 each year the Director shall submit to
the congressional defense committees a report on the assessment under
paragraph (1) with respect to the preceding fiscal year.
SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF
THE DEPARTMENT OF DEFENSE BY THE NATIONAL DEFENSE LABORATORIES OF THE
DEPARTMENT OF ENERGY.
(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to the
Department of Defense pursuant to section 201(4), $25,000,000 shall be
available, subject to subsection (b) and at the discretion of the
Director of the Ballistic Missile Defense Organization, for research,
development, and demonstration activities at the national laboratories
of the Department of Energy in support of the missions of the Ballistic
Missile Defense Organization, including the following activities:
(1) Technology development, concept demonstration, and integrated
testing to enhance performance, reduce risk, and improve reliability in
hit-to-kill interceptors for ballistic missile defense.
(2) Support for science and engineering teams to assess critical
technical problems and prudent alternative approaches as agreed upon by
the Director of the Ballistic Missile Defense Organization and the
Administrator for Nuclear Security.
(b) Requirement for Matching Funds From NNSA.--Funds shall be
available as provided in subsection (a) only if the Administrator for
Nuclear Security makes available matching funds for the activities
referred to in subsection (a).
(c) Memorandum of Understanding.--The activities referred to in
subsection (a) shall be carried out under the memorandum of
understanding entered into by the Secretary of Energy and the Secretary
of Defense for the use of national laboratories for ballistic missile
defense programs, as required by section 3131 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105 85; 111 Stat.
2034) and modified pursuant to section 3132 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106 398; 114 Stat. 1654A 455) to provide for jointly
funded projects.
SEC. 234. MISSILE DEFENSE TESTING INITIATIVE.
(a) Testing Infrastructure.--(1) The Secretary of Defense shall
ensure that each annual budget request of the Department of Defense--
(A) is designed to provide for comprehensive testing of ballistic
missile defense programs during early stages of development; and
(B) includes necessary funding to support and improve test
infrastructure and provide adequate test assets for the testing of such
programs.
(2) The Secretary shall ensure that ballistic missile defense
programs incorporate, to the greatest possible extent, operationally
realistic test configurations (referred to as ``test bed''
configurations) to demonstrate system performance across a broad range
of capability and, during final stages of operational testing, to
demonstrate reliable performance.
(3) The Secretary shall ensure that the test infrastructure for
ballistic missile defense programs is capable of supporting continued
testing of ballistic missile defense systems after deployment.
(b) Requirements for Early Stages of System Development.--In order to
demonstrate acceptable risk and developmental stability, the Secretary
of Defense shall ensure that any ballistic missile defense program
incorporates, to the maximum extent practicable, the following elements
during the early stages of system development:
(1) Pursuit of parallel conceptual approaches and technological
paths for all critical problematic components until effective and
reliable solutions can be demonstrated.
(2) Comprehensive ground testing in conjunction with flight-testing
for key elements of the proposed system that are considered to present
high risk, with such ground testing to make use of existing facilities
and combinations of facilities that support testing at the highest
possible levels of integration.
(3) Where appropriate, expenditures to enhance the capabilities of
existing test facilities, or to construct new test facilities, to
support alternative complementary test methodologies.
(4) Sufficient funding of test instrumentation to ensure accurate
measurement of all critical test events.
(5) Incorporation into the program of sufficient schedule
flexibility and expendable test assets, including missile interceptors
and targets, to ensure that failed or aborted tests can be repeated in a
prudent, but expeditious manner.
(6) Incorporation into flight-test planning for the program, where
possible, of--
(A) methods that make the most cost-effective use of test
opportunities;
(B) events to demonstrate engagement of multiple targets,
``shoot-look-shoot'', and other planned operational concepts; and
(C) exploitation of opportunities to facilitate early development
and demonstration of ``family of systems'' concepts.
(c) Specific Requirements for Ground-Based Mid-Course Interceptor
Systems.--For ground-based mid-course interceptor systems, the Secretary
of Defense shall initiate steps during fiscal year 2002 to establish a
flight-test capability of launching not less than three missile defense
interceptors and not less than two ballistic missile targets to provide
a realistic test infrastructure.
SEC. 235. CONSTRUCTION OF TEST BED FACILITIES FOR MISSILE
DEFENSE SYSTEM.
(a) Authority To Acquire or Construct Facilities.--(1) The Secretary
of Defense, using funds appropriated to the Department of Defense for
research, development, test, and evaluation for fiscal years after
fiscal year 2001 that are available for programs of the Ballistic
Missile Defense Organization, may carry out all construction projects,
or portions of construction projects, including projects for the
acquisition, improvement, or construction of facilities, necessary to
establish and operate the Missile Defense System Test Bed.
(2) The authority provided in subsection (a) may be used to acquire,
improve, or construct facilities at a total cost not to exceed
$500,000,000.
(b) Authority To Provide Assistance to Local Communities.--(1)
Subject to paragraph (2), the Secretary of Defense, using funds
appropriated to the Department of Defense for research, development,
test, and evaluation for fiscal year 2002 that are available for
programs of the Ballistic Missile Defense Organization, may provide
assistance to local communities to meet the need for increased municipal
or community services or facilities resulting from the construction,
installation, or operation of the Missile Defense System Test Bed
Facilities. Such assistance may be provided by grant or otherwise.
(2) Assistance may be provided to a community under paragraph (1)
only if the Secretary of Defense determines that there is an immediate
and substantial increase in the need for municipal or community services
or facilities as a direct result of the construction, installation, or
operation of the Missile Defense System Test Bed Facilities.
Subtitle D--Air Force Science and Technology for the 21st Century
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``Air Force Science and Technology
for the 21st Century Act''.
SEC. 252. SCIENCE AND TECHNOLOGY INVESTMENT AND DEVELOPMENT PLANNING.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Air Force should carry out each of the following:
(1) Continue and improve efforts to ensure that--
(A) the Air Force science and technology community is represented,
and the recommendations of that community are considered, at all levels
of program planning and budgetary decisionmaking within the Air Force;
(B) advocacy for science and technology development is
institutionalized across all levels of Air Force management in a manner
that is not dependent on individuals; and
(C) the value of Air Force science and technology development is
made increasingly apparent to the warfighters, by linking the needs of
those warfighters with decisions on science and technology development.
(2) Complete and adopt a policy directive that provides for changes
in how the Air Force makes budgetary and nonbudgetary decisions with
respect to its science and technology development programs and how it
carries out those programs.
(3) At least once every five years, conduct a review of the
long-term challenges and short-term objectives of the Air Force science
and technology programs that is consistent with the review specified in
section 252 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 46).
(4) Ensure that development and science and technology planning and
investment activities are carried out for future space warfighting
systems and for future nonspace warfighting systems in an integrated
manner.
(5) Elevate the position within the Office of the Secretary of the
Air Force that has primary responsibility for budget and policy
decisions for science and technology programs.
(b) Reinstatement of Development Planning.--(1) The Secretary of the
Air Force shall reinstate and implement a revised development planning
process that provides for each of the following:
(A) Coordinating the needs of Air Force warfighters with decisions
on science and technology development.
(B) Giving input into the establishment of priorities among science
and technology programs.
(C) Analyzing Air Force capability options for the allocation of Air
Force resources.
(D) Developing concepts for technology, warfighting systems, and
operations with which the Air Force can achieve its critical future
goals.
(E) Evaluating concepts for systems and operations that leverage
technology across Air Force organizational boundaries.
(F) Ensuring that a ``system-of-systems'' approach is used in
carrying out the various Air Force capability planning exercises.
(G) Utilizing existing analysis capabilities within the Air Force
product centers in a collaborative and integrated manner.
(2) Not later than one year after the date of the enactment of this
Act, the Secretary of the Air Force shall submit to Congress a report on
the implementation of the planning process required by paragraph (1).
The report shall include the annual amount that the Secretary considers
necessary to carry out paragraph (1).
SEC. 253. STUDY AND REPORT ON EFFECTIVENESS OF AIR FORCE
SCIENCE AND TECHNOLOGY PROGRAM CHANGES.
(a) Requirement.--The Secretary of the Air Force, in cooperation with
the National Research Council of the National Academy of Sciences, shall
carry out a study to determine how the changes to the Air Force science
and technology program implemented during the past two years affect the
future capabilities of the Air Force.
(b) Matters Studied.--(1) The study shall review and assess whether
such changes as a whole are sufficient to ensure the following:
(A) That the concerns about the management of the science and
technology program that have been raised by Congress, the Defense
Science Board, the Air Force Science Advisory Board, and the Air Force
Association have been adequately addressed.
(B) That appropriate and sufficient technology is available to
ensure the military superiority of the United States and counter future
high-risk threats.
(C) That the science and technology investments are balanced to meet
the near-, mid-, and long-term needs of the Air Force.
(D) That technologies are made available that can be used to respond
flexibly and quickly to a wide range of future threats.
(E) That the Air Force organizational structure provides for a
sufficiently senior level advocate of science and technology to ensure
an ongoing, effective presence of the science and technology community
during the budget and planning process.
(2) In addition, the study shall assess the specific changes to the
Air Force science and technology program as follows:
(A) Whether the biannual science and technology summits provide
sufficient visibility into, and understanding and appreciation of, the
value of the science and technology program to the senior level of Air
Force budget and policy decisionmakers.
(B) Whether the applied technology councils are effective in
contributing the input of all levels beneath the senior leadership into
the coordination, focus, and content of the science and technology
program.
(C) Whether the designation of the commander of the Air Force
Materiel Command as the science and technology budget advocate is
effective to ensure that an adequate Air Force science and technology
budget is requested.
(D) Whether the revised development planning process is effective to
aid in the coordination of the needs of the Air Force warfighters with
decisions on science and technology investments and the establishment of
priorities among different science and technology programs.
(E) Whether the implementation of section 252 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106 398; 114 Stat. 1654A 46) is effective to identify
the basis for the appropriate science and technology program funding
level and investment portfolio.
(c) Report.--Not later than May 1, 2003, the Secretary of the Air
Force shall submit to Congress the results of the study.
Subtitle E--Other Matters
SEC. 261. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE JOINT
OPERATIONAL TEST BED SYSTEM.
(a) Establishment of Test Bed System.--The commander of the United
States Joint Forces Command shall establish a government flight activity
capability (referred to as a ``test bed'') within the facilities and
resources of that command to evaluate and ensure joint interoperability
of unmanned aerial vehicle systems. That capability shall be independent
of the military departments and shall be managed directly by the Joint
Forces Command.
(b) Priority for Use of Predator Assets.--The Secretary of the Navy
shall ensure that the commander of the United States Joint Forces
Command controls the priority for use of the two Predator unmanned
aerial vehicles currently undergoing operational testing by the Navy,
together with associated payloads and antennas and the associated
tactical control system (TCS) ground station.
(c) Use by Joint Forces Command.--The items specified to in
subsection (b) may be used by the commander of the United States Joint
Forces Command only through the independent joint operational test bed
system established pursuant to subsection (a) for testing of those
items, including further development of the associated tactical control
system (TCS) ground station, other aspects of unmanned aerial vehicle
interoperability, and participation in such experiments and exercises as
the commander considers appropriate to the mission of that command.
SEC. 262. DEMONSTRATION PROJECT TO INCREASE SMALL BUSINESS AND
UNIVERSITY PARTICIPATION IN OFFICE OF NAVAL RESEARCH EFFORTS TO EXTEND
BENEFITS OF SCIENCE AND TECHNOLOGY RESEARCH TO FLEET.
(a) Project Required.--The Secretary of the Navy, acting through the
Chief of Naval Research, shall carry out a demonstration project to
increase access to Navy facilities of small businesses and universities
that are engaged in science and technology research beneficial to the
fleet.
(b) Project Elements.--In carrying out the demonstration project, the
Secretary shall--
(1) establish and operate a Navy Technology Extension Center at a
location to be selected by the Secretary;
(2) permit participants in the Small Business Innovation Research
Program (SBIR) and Small Business Technology Transfer Program (STTR)
that are awarded contracts by the Office of Naval Research to access and
use Navy Major Range Test Facilities Base (MRTFB) facilities selected by
the Secretary for purposes of carrying out such contracts, and charge
such participants for such access and use at the same established rates
that Department of Defense customers are charged; and
(3) permit universities, institutions of higher learning, and
federally funded research and development centers collaborating with
participants referred to in paragraph (2) to access and use such
facilities for such purposes, and charge such entities for such access
and use at such rates.
(c) Period of Project.--The demonstration project shall be carried
out during the three-year period beginning on the date of the enactment
of this Act.
(d) Report.--Not later than February 1, 2004, the Secretary shall
submit to Congress a report on the demonstration project. The report
shall include a description of the activities carried out under the
demonstration project and any recommendations for the improvement or
expansion of the demonstration project that the Secretary considers
appropriate.
SEC. 263. COMMUNICATION OF SAFETY CONCERNS FROM OPERATIONAL
TEST AND EVALUATION OFFICIALS TO PROGRAM MANAGERS.
Section 139 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) through (i) as subsections (g)
through (j), respectively; and
(2) by inserting after subsection (e) the following new subsection:
``(f) The Director shall ensure that safety concerns developed during
the operational test and evaluation of a weapon system under a major
defense acquisition program are communicated in a timely manner to the
program manager for that program for consideration in the acquisition
decisionmaking process.''.
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Funds for renovation of Department of Veterans Affairs
facilities adjacent to Naval Training Center, Great Lakes, Illinois.
Sec. 306. Defense Language Institute Foreign Language Center
expanded Arabic language program.
SUBTITLE B--ENVIRONMENTAL PROVISIONS
Sec. 311. Inventory of unexploded ordnance, discarded military
munitions, and munitions constituents at defense sites (other than
operational ranges).
Sec. 312. Establishment of new program element for remediation of
unexploded ordnance, discarded military munitions, and munitions
constituents.
Sec. 313. Assessment of environmental remediation of unexploded
ordnance, discarded military munitions, and munitions constituents.
Sec. 314. Conformity of surety authority under environmental
restoration program with surety authority under CERCLA.
Sec. 315. Elimination of annual report on contractor reimbursement
for costs of environmental response actions.
Sec. 316. Pilot program for sale of air pollution emission
reduction incentives.
Sec. 317. Department of Defense energy efficiency program.
Sec. 318. Procurement of alternative fueled and hybrid light duty
trucks.
Sec. 319. Reimbursement of Environmental Protection Agency for
certain response costs in connection with Hooper Sands Site, South
Berwick, Maine.
Sec. 320. River mitigation studies.
SUBTITLE C--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 331. Commissary benefits for new members of the Ready Reserve.
Sec. 332. Reimbursement for use of commissary facilities by
military departments for purposes other than commissary sales.
Sec. 333. Public releases of commercially valuable information of
commissary stores.
Sec. 334. Rebate agreements with producers of foods provided under
special supplemental food program.
Sec. 335. Civil recovery for nonappropriated fund instrumentality
costs related to shoplifting.
SUBTITLE D--WORKFORCE AND DEPOT ISSUES
Sec. 341. Revision of authority to waive limitation on performance
of depot-level maintenance.
Sec. 342. Exclusion of certain expenditures from limitation on
private sector performance of depot-level maintenance.
Sec. 343. Protections for purchasers of articles and services
manufactured or performed by working-capital funded industrial
facilities of the Department of Defense.
Sec. 344. Revision of deadline for annual report on commercial and
industrial activities.
Sec. 345. Pilot manpower reporting system in Department of the Army.
Sec. 346. Development of Army workload and performance system and
Wholesale Logistics Modernization Program.
SUBTITLE E--DEFENSE DEPENDENTS EDUCATION
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 352. Impact aid for children with severe disabilities.
Sec. 353. Availability of auxiliary services of defense
dependents' education system for dependents who are home school
students.
Sec. 354. Comptroller General study of adequacy of compensation
provided for teachers in the Department of Defense overseas dependents'
schools.
SUBTITLE F--OTHER MATTERS
Sec. 361. Availability of excess defense personal property to
support Department of Veterans Affairs initiative to assist homeless
veterans.
Sec. 362. Incremental implementation of Navy-Marine Corps Intranet
contract.
Sec. 363. Comptroller General study and report of National Guard
Distributive Training Technology Project.
Sec. 364. Reauthorization of warranty claims recovery pilot program.
Sec. 365. Evaluation of current demonstration programs to improve
quality of personal property shipments of members.
Sec. 366. Sense of Congress regarding security to be provided at
2002 Winter Olympic Games.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 2002 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, $20,653,241,000.
(2) For the Navy, $26,461,299,000.
(3) For the Marine Corps, $2,872,524,000.
(4) For the Air Force, $25,598,767,000.
(5) For Defense-wide activities, $11,949,586,000.
(6) For the Army Reserve, $1,824,146,000.
(7) For the Naval Reserve, $1,000,050,000.
(8) For the Marine Corps Reserve, $142,853,000.
(9) For the Air Force Reserve, $2,029,866,000.
(10) For the Army National Guard, $3,696,559,000.
(11) For the Air National Guard, $3,967,361,000.
(12) For the Defense Inspector General, $149,221,000.
(13) For the United States Court of Appeals for the Armed Forces,
$9,096,000.
(14) For Environmental Restoration, Army, $389,800,000.
(15) For Environmental Restoration, Navy, $257,517,000.
(16) For Environmental Restoration, Air Force, $385,437,000.
(17) For Environmental Restoration, Defense-wide, $23,492,000.
(18) For Environmental Restoration, Formerly Used Defense Sites,
$230,255,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$49,700,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $820,381,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $40,000,000.
(22) For Defense Health Program, $17,570,750,000.
(23) For Cooperative Threat Reduction programs, $403,000,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,844,226,000.
(25) For Support for International Sporting Competitions, Defense,
$15,800,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$125,000,000, which represents savings resulting from reduced energy
costs.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2002
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, $1,656,396,000.
(2) For the National Defense Sealift Fund, $407,708,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
(a) Amount for Fiscal Year 2002.--There is hereby authorized to be
appropriated for fiscal year 2002 from the Armed Forces Retirement Home
Trust Fund the sum of $71,440,000 for the operation of the Armed Forces
Retirement Home.
(b) Availability of Amounts Previously Appropriated.--Of amounts
appropriated from the Armed Forces Retirement Home Trust Fund for fiscal
year 2002 (and previous fiscal years to the extent such amounts remain
unobligated), $22,400,000 shall be available, subject to the review and
approval of the Secretary of Defense, for the development and
construction of a blended use, multicare facility at the Naval Home and
for the acquisition of a parcel of real property adjacent to the Naval
Home consisting of approximately 15 acres.
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 2002 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and
the same period as, the amounts in the accounts to which transferred;
and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer authority
provided in this section is in addition to the transfer authority
provided in section 1001.
SEC. 305. FUNDS FOR RENOVATION OF DEPARTMENT OF VETERANS
AFFAIRS FACILITIES ADJACENT TO NAVAL TRAINING CENTER, GREAT LAKES,
ILLINOIS.
(a) Availability of Funds for Renovation.--Subject to subsection (b),
of the amount authorized to be appropriated by section 301(a)(2) for
operation and maintenance for the Navy, the Secretary of the Navy may
make available to the Secretary of Veterans Affairs up to $2,000,000 for
relocation of Department of Veterans Affairs activities and associated
renovation of existing facilities at the North Chicago Department of
Veterans Affairs Medical Center, Illinois.
(b) Limitation.--The Secretary of the Navy may make funds available
under subsection (a) only after the Secretary of the Navy and the
Secretary of Veterans Affairs enter into an appropriate agreement for
the use by the Secretary of the Navy of approximately 48 acres of real
property at the North Chicago Department of Veterans Affairs property
referred to in subsection (a) for expansion of the Naval Training
Center, Great Lakes, Illinois.
SEC. 306. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER
EXPANDED ARABIC LANGUAGE PROGRAM.
Of the amount authorized to be appropriated by section 301(a)(1) for
operation and maintenance for the Army, $650,000 may be available for
the Defense Language Institute Foreign Language Center for an expanded
Arabic language program.
Subtitle B--Environmental Provisions
SEC. 311. INVENTORY OF UNEXPLODED ORDNANCE, DISCARDED MILITARY
MUNITIONS, AND MUNITIONS CONSTITUENTS AT DEFENSE SITES (OTHER THAN
OPERATIONAL RANGES).
(a) Inventory Required.--(1) Chapter 160 of title 10, United States
Code, is amended by adding at the end the following new section:
``2710. Inventory of unexploded ordnance, discarded military
munitions, and munitions constituents at defense sites (other than
operational ranges)
``(a) Inventory Required.--(1) The Secretary of Defense shall develop
and maintain an inventory of defense sites that are known or suspected
to contain unexploded ordnance, discarded military munitions, or
munitions constituents.
``(2) The information in the inventory for each defense site shall
include, at a minimum, the following:
``(A) A unique identifier for the defense site.
``(B) An appropriate record showing the location, boundaries, and
extent of the defense site, including identification of the State and
political subdivisions of the State in which the defense site is located
and any Tribal lands encompassed by the defense site.
``(C) Known persons and entities, other than a military department,
with any current ownership interest or control of lands encompassed by
the defense site.
``(D) Any restrictions or other land use controls currently in place
at the defense site that might affect the potential for public and
environmental exposure to the unexploded ordnance, discarded military
munitions, or munitions constituents.
``(b) Site Prioritization.--(1) The Secretary shall develop, in
consultation with representatives of the States and Indian Tribes, a
proposed protocol for assigning to each defense site a relative priority
for response activities related to unexploded ordnance, discarded
military munitions, and munitions constituents based on the overall
conditions at the defense site. After public notice and comment on the
proposed protocol, the Secretary shall issue a final protocol and shall
apply the protocol to defense sites listed on the inventory. The level
of response priority assigned the site shall be included with the
information required by subsection (a)(2).
``(2) In assigning the response priority for a defense site on the
inventory, the Secretary shall primarily consider factors relating to
safety and environmental hazard potential, such as the following:
``(A) Whether there are known, versus suspected, unexploded
ordnance, discarded military munitions, or munitions constituents on all
or any portion of the defense site and the types of unexploded ordnance,
discarded military munitions, or munitions constituents present or
suspected to be present.
``(B) Whether public access to the defense site is controlled, and
the effectiveness of these controls.
``(C) The potential for direct human contact with unexploded
ordnance, discarded military munitions, or munitions constituents at the
defense site and evidence of people entering the site.
``(D) Whether a response action has been or is being undertaken at
the defense site under the Formerly Used Defense Sites program or other
program.
``(E) The planned or mandated dates for transfer of the defense site
from military control.
``(F) The extent of any documented incidents involving unexploded
ordnance, discarded military munitions, or munitions constituents at or
from the defense site, including incidents involving explosions,
discoveries, injuries, reports, and investigations.
``(G) The potential for drinking water contamination or the release
of munitions constituents into the air.
``(H) The potential for destruction of sensitive ecosystems and
damage to natural resources.
``(3) The priority assigned to a defense site included on the
inventory shall not impair, alter, or diminish any applicable Federal or
State authority to establish requirements for the investigation of, and
response to, environmental problems at the defense site.
``(c) Updates and Availability.--(1) The Secretary shall annually
update the inventory and site prioritization list to reflect new
information that becomes available. The inventory shall be available in
published and electronic form.
``(2) The Secretary shall work with communities adjacent to a defense
site to provide information concerning conditions at the site and
response activities. At a minimum, the Secretary shall provide the site
inventory information and site prioritization list to appropriate
Federal, State, tribal, and local officials, and, to the extent the
Secretary considers appropriate, to civil defense or emergency
management agencies and the public.
``(d) Exceptions.--This section does not apply to the following:
``(1) Any locations outside the United States.
``(2) The presence of military munitions resulting from combat
operations.
``(3) Operating storage and manufacturing facilities.
``(4) Operational ranges.
``(e) Definitions.--In this section:
``(1) The term `defense site' applies to locations that are or were
owned by, leased to, or otherwise possessed or used by the Department of
Defense. The term does not include any operational range, operating
storage or manufacturing facility, or facility that is used for or was
permitted for the treatment or disposal of military munitions.
``(2) The term `discarded military munitions' means military
munitions that have been abandoned without proper disposal or removed
from storage in a military magazine or other storage area for the
purpose of disposal. The term does not include unexploded ordnance,
military munitions that are being held for future use or planned
disposal, or military munitions that have been properly disposed of,
consistent with applicable environmental laws and regulations.
``(3)(A) The term `military munitions' means all ammunition products
and components produced for or used by the armed forces for national
defense and security, including ammunition products or components under
the control of the Department of Defense, the Coast Guard, the
Department of Energy, and the National Guard. The term includes confined
gaseous, liquid, and solid propellants, explosives, pyrotechnics,
chemical and riot control agents, smokes, and incendiaries, including
bulk explosives and chemical warfare agents, chemical munitions,
rockets, guided and ballistic missiles, bombs, warheads, mortar rounds,
artillery ammunition, small arms ammunition, grenades, mines, torpedoes,
depth charges, cluster munitions and dispensers, demolition charges, and
devices and components thereof.
``(B) The term does not include wholly inert items, improvised
explosive devices, and nuclear weapons, nuclear devices, and nuclear
components, except that the term does include nonnuclear components of
nuclear devices that are managed under the nuclear weapons program of
the Department of Energy after all required sanitization operations
under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been
completed.
``(4) The term `munitions constituents' means any materials
originating from unexploded ordnance, discarded military munitions, or
other military munitions, including explosive and nonexplosive
materials, and emission, degradation, or breakdown elements of such
ordnance or munitions.
``(5) The term `operational range' means a military range that is
used for range activities, or a military range that is not currently
being used, but that is still considered by the Secretary to be a range
area, is under the jurisdiction, custody, or control of the Department
of Defense, and has not been put to a new use that is incompatible with
range activities.
``(6) The term `possessions' includes Johnston Atoll, Kingman Reef,
Midway Island, Nassau Island, Palmyra Island, and Wake Island.
``(7) The term `Secretary' means the Secretary of Defense.
``(8) The term `State' means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and the territories and possessions.
``(9) The term `unexploded ordnance' means military munitions that--
``(A) have been primed, fused, armed, or otherwise prepared for
action;
``(B) have been fired, dropped, launched, projected, or placed in
such a manner as to constitute a hazard to operations, installations,
personnel, or material; and
``(C) remain unexploded either by malfunction, design, or any other
cause.
``(10) The term `United States', in a geographic sense, means the
States, territories, and possessions and associated navigable waters,
contiguous zones, and ocean waters of which the natural resources are
under the exclusive management authority of the United States.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``2710. Inventory of unexploded ordnance, discarded military
munitions, and munitions constituents at defense sites (other than
operational ranges).''.
(b) Initial Inventory.--The requirements of section 2710 of title 10,
United States Code, as added by subsection (a), shall be implemented as
follows:
(1) The initial inventory required by subsection (a) of such section
shall be completed not later than May 31, 2003.
(2) The proposed prioritization protocol required by subsection (b)
of such section shall be available for public comment not later than
November 30, 2002.
SEC. 312. ESTABLISHMENT OF NEW PROGRAM ELEMENT FOR REMEDIATION
OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS
CONSTITUENTS.
Section 2703 of title 10, United States Code, is amended--
(1) by redesignating subsections (b) through (f) as subsections (c)
through (g), respectively; and
(2) by inserting after subsection (a) the following new subsection
(b):
``(b) Program Elements for Ordnance Remediation.--The Secretary of
Defense shall establish a program element for remediation of unexploded
ordnance, discarded military munitions, and munitions constituents
within each environmental restoration account established under
subsection (a). The terms `unexploded ordnance', `discarded military
munitions', and `munitions constituents' have the meanings given such
terms in section 2710 of this title.''.
SEC. 313. ASSESSMENT OF ENVIRONMENTAL REMEDIATION OF
UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS
CONSTITUENTS.
(a) Inclusion in 2003 Report on Environmental Restoration
Activities.--The Secretary of Defense shall include in the report
submitted to Congress under section 2706(a) of title 10, United States
Code, in 2003 a comprehensive assessment of unexploded ordnance,
discarded military munitions, and munitions constituents located at
current and former facilities of the Department of Defense. The
assessment shall include, at a minimum, the following:
(1) Separate estimates of the aggregate projected costs of the
remediation of unexploded ordnance, discarded military munitions, and
munitions constituents at--
(A) all operational ranges; and
(B) all other defense sites.
(2) A comprehensive plan for addressing the remediation of
unexploded ordinance, discarded military munitions, and munitions
constituents at defense sites, including an assessment of the funding
required and the period of time over which such funding will be
required.
(3) An assessment of the technology currently available for the
remediation of unexploded ordnance, discarded military munitions, and
munitions constituents.
(4) An assessment of the impact of improved technology on the cost
of such remediation and a plan for the development and use of such
improved technology.
(b) Requirements for Cost Estimates.--(1) The estimates of aggregate
projected costs required by subsection (a)(1) shall--
(A) be stated as a range of aggregate projected costs, including a
low estimate and a high estimate;
(B) set forth the differing assumptions underlying each such low
estimate and high estimate, including--
(i) any public uses for the operational ranges and other defense
sites concerned that will be available after the remediation is
completed;
(ii) the extent of the remediation required to make the operational
ranges and other defense sites concerned available for such uses; and
(iii) the technologies to be applied to achieve such level of
remediation; and
(C) include, and identify separately, an estimate of the aggregate
projected costs of the remediation of any ground water contamination
that may be caused by unexploded ordnance, discarded military munitions,
or munitions constituents at the operational ranges and other defense
sites concerned.
(2) The high estimate of the aggregate projected costs shall be based
on the assumption that all unexploded ordnance, discarded military
munitions, and munitions constituents at each operational range and
other defense site will be addressed, regardless of whether there are
any current plans to close the range or site or discontinue training at
the range or site.
(3) The estimate of the aggregate projected costs of remediation of
ground water contamination under paragraph (1)(C) shall be based on a
comprehensive assessment of the risk of such contamination and of the
actions required to protect the ground water supplies concerned.
(4) The standards for the report of liabilities of the Department of
Defense shall not apply to the cost estimates required by subsection
(a)(1).
(c) Interim Assessment.--The report submitted to Congress under
section 2706(a) of title 10, United States Code, in 2002 shall include
the assessment required by subsection (a) to the extent that the
information required to be provided as part of the assessment is
available. The Secretary shall include an explanation of any limitations
on the information available or qualifications on the information
provided.
(d) Definitions.--In this section, the terms ``unexploded ordnance'',
``discarded military munitions'', ``munitions constituents'',
``operational range'', and ``defense site'' have the meanings given such
terms in section 2710 of title 10, United States Code, as added by
section 311.
SEC. 314. CONFORMITY OF SURETY AUTHORITY UNDER ENVIRONMENTAL
RESTORATION PROGRAM WITH SURETY AUTHORITY UNDER CERCLA.
Section 2701(j)(1) of title 10, United States Code, is amended by
striking ``, or after December 31, 1999''.
SEC. 315. ELIMINATION OF ANNUAL REPORT ON CONTRACTOR
REIMBURSEMENT FOR COSTS OF ENVIRONMENTAL RESPONSE ACTIONS.
(a) Report Elimination.--Section 2706 of title 10, United States
Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections (c) and
(d), respectively.
(b) Conforming Amendments.--Subsection (d) of such section, as
redesignated by subsection (a) of this section, is amended--
(1) by striking paragraphs (1) and (3); and
(2) by redesignating paragraphs (2), (4), and (5) as paragraphs (1),
(2), and (3), respectively.
SEC. 316. PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
(a) Extension.--Section 351(a)(2) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105 85; 10 U.S.C.
2701 note) is amended by striking ``September 30, 2001'' and inserting
``September 30, 2003''.
(b) Report Required.--(1) The Secretary of Defense shall prepare a
report concerning the operation of the pilot program for the sale of
economic incentives for the reduction of emission of air pollutants
attributable to military facilities, as authorized by section 351 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105
85; 10 U.S.C. 2701 note). The report shall--
(A) detail all transactions that have been completed under the pilot
program, the dollar amount of each transaction, and the number and type
of air pollutants involved in each transaction;
(B) evaluate the extent to which retention of the proceeds of sales
under the pilot program, as required by subsection (c) of such section,
has provided incentives for such sales;
(C) evaluate the extent of any loss to the United States Treasury
associated with the pilot program; and
(D) evaluate the environmental impact of the pilot program.
(2) Not later than March 1, 2003, the Secretary shall submit the
report required by paragraph (1) to the Committee on Energy and Commerce
and the Committee on Armed Services of the House of Representatives and
the Committee on Environment and Public Works and the Committee on Armed
Services of the Senate.
SEC. 317. DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should work to implement fuel efficiency reforms
that allow for investment decisions based on the true cost of delivered
fuel, strengthen the linkage between warfighting capability and fuel
logistics requirements, provide high-level leadership encouraging fuel
efficiency, target fuel efficiency improvements through science and
technology investment, and include fuel efficiency in requirements and
acquisition processes.
(b) Energy Efficiency Program.--The Secretary shall carry out a
program to significantly improve the energy efficiency of facilities of
the Department of Defense through 2010. The Secretary shall designate a
senior official of the Department of Defense to be responsible for
managing the program for the Department and a senior official of each
military department to be responsible for managing the program for such
department.
(c) Energy Efficiency Goals.--The goal of the energy efficiency
program shall be to achieve reductions in energy consumption by
facilities of the Department of Defense as follows:
(1) In the case of industrial and laboratory facilities, reductions
in the average energy consumption per square foot of such facilities,
per unit of production or other applicable unit, relative to energy
consumption in 1990--
(A) by 20 percent by 2005; and
(B) by 25 percent by 2010.
(2) In the case of other facilities, reductions in average energy
consumption per gross square foot of such facilities, relative to energy
consumption per gross square foot in 1985--
(A) by 30 percent by 2005; and
(B) by 35 percent by 2010.
(d) Strategies for Improving Energy Efficiency.--In order to achieve
the goals set forth in subsection (c), the Secretary shall, to the
maximum extent practicable--
(1) purchase energy-efficient products, as so designated by the
Environmental Protection Agency and the Department of Energy, and other
products that are energy-efficient;
(2) utilize energy savings performance contracts, utility
energy-efficiency service contracts, and other contracts designed to
achieve energy conservation;
(3) use life-cycle cost analysis, including assessment of life-cycle
energy costs, in making decisions about investments in products,
services, construction, and other projects;
(4) conduct energy efficiency audits for approximately 10 percent of
all Department of Defense facilities each year;
(5) explore opportunities for energy efficiency in industrial
facilities for steam systems, boiler operation, air compressor systems,
industrial processes, and fuel switching; and
(6) retire inefficient equipment on an accelerated basis where
replacement results in lower life-cycle costs.
(e) Reporting Requirements.--Not later than January 1, 2002, and each
January 1 thereafter through 2010, the Secretary shall submit to the
congressional defense committees the report required to be prepared by
the Secretary pursuant to section 303 of Executive Order 13123 (64 Fed.
Reg. 30851; 42 U.S.C. 8251 note) regarding the progress made toward
achieving the energy efficiency goals of the Department of Defense.
SEC. 318. PROCUREMENT OF ALTERNATIVE FUELED AND HYBRID LIGHT
DUTY TRUCKS.
(a) Defense Fleets Not Covered by Requirement in Energy Policy Act of
1992.--(1) The Secretary of Defense shall coordinate with the
Administrator of General Services to ensure that only hybrid vehicles
are procured by the Administrator for the Department of Defense fleet of
light duty trucks that is not in a fleet of vehicles to which section
303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) applies.
(2) The Secretary, in consultation with the Administrator, may waive
the policy regarding the procurement of hybrid vehicles in paragraph (1)
to the extent that the Secretary determines necessary--
(A) in the case of trucks that are exempt from the requirements of
section 303 of the Energy Policy Act of 1992 for national security
reasons under subsection (b)(3)(E) of such section, to meet specific
requirements of the Department of Defense for capabilities of light duty
trucks;
(B) to procure vehicles consistent with the standards applicable to
the procurement of fleet vehicles for the Federal Government; or
(C) to adjust to limitations on the commercial availability of light
duty trucks that are hybrid vehicles.
(3) This subsection applies with respect to procurements of light
duty trucks in fiscal year 2005 and subsequent fiscal years.
(b) Requirement To Exceed Requirement in Energy Policy Act of
1992.--(1) The Secretary of Defense shall coordinate with the
Administrator of General Services to ensure that, of the light duty
trucks procured in fiscal years after fiscal year 2004 for the fleets of
light duty vehicles of the Department of Defense to which section 303 of
the Energy Policy Act of 1992 applies--
(A) five percent of the total number of such trucks that are
procured in each of fiscal years 2005 and 2006 are alternative fueled
vehicles or hybrid vehicles; and
(B) ten percent of the total number of such trucks that are procured
in each fiscal year after fiscal year 2006 are alternative fueled
vehicles or hybrid vehicles.
(2) Light duty trucks acquired for the Department of Defense that are
counted to comply with section 303 of the Energy Policy Act of 1992 for
a fiscal year shall be counted to determine the total number of light
duty trucks procured for the Department of Defense for that fiscal year
for the purposes of paragraph (1), but shall not be counted to satisfy
the requirement in that paragraph.
(c) Report on Plans for Implementation.--At the same time that the
President submits the budget for fiscal year 2003 to Congress under
section 1105(a) of title 31, United States Code, the Secretary shall
submit to Congress a report summarizing the plans for carrying out
subsections (a) and (b).
(d) Definitions.--In this section:
(1) The term ``hybrid vehicle'' means a motor vehicle that draws
propulsion energy from onboard sources of stored energy that are both--
(A) an internal combustion or heat engine using combustible fuel; and
(B) a rechargeable energy storage system.
(2) The term ``alternative fueled vehicle'' has the meaning given
that term in section 301 of the Energy Policy Act of 1992 (42 U.S.C.
13211).
SEC. 319. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN RESPONSE COSTS IN CONNECTION WITH HOOPER SANDS SITE, SOUTH
BERWICK, MAINE.
(a) Authority To Reimburse.--Using amounts specified in subsection
(c), the Secretary of the Navy may pay $1,005,478 to the Hooper Sands
Special Account within the Hazardous Substance Superfund established by
section 9507 of the Internal Revenue Code of 1986 to reimburse the
Environmental Protection Agency for the response costs incurred by the
Environmental Protection Agency for actions taken between May 12, 1992,
and July 31, 2000, pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) at the
Hooper Sands site in South Berwick, Maine, in accordance with the
interagency agreement entered into by the Department of the Navy and the
Environmental Protection Agency in January 2001.
(b) Treatment of Reimbursement.--Payment of the amount authorized by
subsection (a) shall be in full satisfaction of amounts due from the
Department of the Navy to the Environmental Protection Agency for the
response costs described in that subsection.
(c) Source of Funds.--Payment under subsection (a) shall be made
using amounts authorized to be appropriated by section 301(a)(15) to the
Environmental Restoration Account, Navy, established by section
2703(a)(3) of title 10, United States Code.
SEC. 320. RIVER MITIGATION STUDIES.
(a) Port of Orange, Sabine River.--The Secretary of Defense may
conduct a study regarding protruding structures and submerged objects
remaining from the World War II Navy ship building industry located at
the former Navy installation in Orange, Texas, which create navigational
hazards along the Sabine River and surrounding the Port of Orange.
(b) Philadelphia Naval Shipyard, Delaware River.--The Secretary of
Defense may conduct a study regarding floating and partially submerged
debris possibly relating to the Philadelphia Naval Shipyard in that
portion of the Delaware River from Philadelphia, Pennsylvania, to the
mouth of the river which create navigational hazards along the river.
(c) Use of Existing Information.--In conducting a study authorized by
this section, the Secretary of Defense shall take into account any
information available from other studies conducted in connection with
the same navigation channels.
(d) Consultation.--The Secretary of Defense shall conduct the studies
authorized by this section in consultation with appropriate State and
local government entities and Federal agencies.
(e) Report on Study Results.--Not later than April 30, 2002, the
Secretary of Defense shall submit to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services of the
Senate a report that--
(1) summarizes the results of each study conducted under this
section; and
(2) contains an evaluation by the Secretary of the extent to which
the navigational hazards identified in each study are the result of
Department of Defense activities.
(f) Cost Sharing.--Nothing in this section is intended to require
non-Federal cost sharing of the costs incurred by the Secretary of
Defense to conduct a study authorized by this section.
(g) Relation to Other Laws and Agreements.--This section is not
intended to modify any authorities provided to the Secretary of the Army
by the Water Resources Development Act of 1986 (33 U.S.C. 2201 et seq.),
nor is it intended to modify any non-Federal cost-sharing
responsibilities outlined in any local cooperation agreements.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. COMMISSARY BENEFITS FOR NEW MEMBERS OF THE READY RESERVE.
(a) Eligibility.--Section 1063 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and
(d), respectively; and
(2) by inserting after subsection (a) the following new subsection
(b):
``(b) Eligibility of New Members.--(1) The Secretary concerned shall
authorize a new member of the Ready Reserve to use commissary stores of
the Department of Defense for a number of days accruing at the rate of
two days for each month in which the member participates satisfactorily
in training required under section 10147(a)(1) of this title or section
502(a) of title 32, as the case may be.
``(2) For the purposes of paragraph (1), a person shall be considered
a new member of the Ready Reserve upon becoming a member and continuing
without a break in the membership until the earlier of--
``(A) the date on which the member becomes eligible to use
commissary stores under subsection (a); or
``(B) December 31 of the first calendar year in which the membership
has been continuous for the entire year.
``(3) A new member may not be authorized under this subsection to use
commissary stores for more than 24 days for any calendar year.''.
(b) Required Documentation.--Subsection (d) of such section, as
redesignated by subsection (a)(1), is amended by adding at the end the
following new sentence: ``The regulations shall specify the required
documentation of satisfactory participation in training for the purposes
of subsection (b).''.
(c) Conforming Amendment.--Subsection (c) of such section, as
redesignated by subsection (a)(1), is amended by striking ``Subsection
(a)'' and inserting ``Subsections (a) and (b)''.
(d) Clerical Amendments.--(1) The heading for such section is amended
to read as follows:
``1063. Use of commissary stores: members of Ready Reserve'' .
(2) Subsection (a) of such section is amended by striking `` of Ready
Reserve'' and inserting `` With 50 or More Creditable Points''.
(3) The item relating to such section in the table of sections at the
beginning of chapter 54 of title 10, United States Code, is amended to
read as follows:
``1063. Use of commissary stores: members of Ready Reserve.''.
SEC. 332. REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY
MILITARY DEPARTMENTS FOR PURPOSES OTHER THAN COMMISSARY SALES.
(a) Requirement.--Chapter 147 of title 10, United States Code, is
amended by inserting after section 2482a the following new section:
``2483. Commissary stores: reimbursement for use of commissary
facilities by military departments
``(a) Payment Required.--The Secretary of a military department shall
pay the Defense Commissary Agency the amount determined under subsection
(b) for any use of a commissary facility by the military department for
a purpose other than commissary sales or operations in support of
commissary sales.
``(b) Amount.--The amount payable under subsection (a) for use of a
commissary facility by a military department shall be equal to the share
of depreciation of the facility that is attributable to that use, as
determined under regulations prescribed by the Secretary of Defense.
``(c) Covered Facilities.--This section applies with respect to a
commissary facility that is acquired, constructed, converted, expanded,
installed, or otherwise improved (in whole or in part) with the proceeds
of an adjustment or surcharge applied under section 2486(c) of this
title.
``(d) Crediting of Payments.--The Director of the Defense Commissary
Agency shall credit amounts paid under this section for use of a
facility to an appropriate account to which proceeds of an adjustment or
surcharge referred to in subsection (c) are credited.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2482a the following new item:
``2483. Commissary stores: reimbursement for use of commissary
facilities by military departments.''.
SEC. 333. PUBLIC RELEASES OF COMMERCIALLY VALUABLE INFORMATION
OF COMMISSARY STORES.
(a) Limitations and Authority.--Section 2487 of title 10, United
States Code, is amended to read as follows:
``2487. Commissary stores: release of certain commercially
valuable information to the public
``(a) Authority To Limit Release.--(1) The Secretary of Defense may
limit the release to the public of any information described in
paragraph (2) if the Secretary determines that it is in the best
interest of the Department of Defense to limit the release of such
information. If the Secretary determines to limit the release of any
such information, the Secretary may provide for limited release of such
information in accordance with subsection (b).
``(2) Paragraph (1) applies to the following:
``(A) Information contained in the computerized business systems of
commissary stores or the Defense Commissary Agency that is collected
through or in connection with the use of electronic scanners in
commissary stores, including the following information:
``(i) Data relating to sales of goods or services.
``(ii) Demographic information on customers.
``(iii) Any other information pertaining to commissary transactions
and operations.
``(B) Business programs, systems, and applications (including
software) relating to commissary operations that were developed with
funding derived from commissary surcharges.
``(b) Release Authority.--(1) The Secretary of Defense may, using
competitive procedures, enter into a contract to sell information
described in subsection (a)(2).
``(2) The Secretary of Defense may release, without charge,
information on an item sold in commissary stores to the manufacturer or
producer of that item or an agent of the manufacturer or producer.
``(3) The Secretary of Defense may, by contract entered into with a
business, grant to the business a license to use business programs
referred to in subsection (a)(2)(B), including software used in or
comprising any such program. The fee charged for the license shall be
based on the costs of similar programs developed and marketed by
businesses in the private sector, determined by means of surveys.
``(4) Each contract entered into under this subsection shall specify
the amount to be paid for information released or a license granted
under the contract, as the case may be.
``(c) Form of Release.--Information described in subsection (a)(2)
may not be released, under subsection (b) or otherwise, in a form that
identifies any customer or that provides information making it possible
to identify any customer.
``(d) Receipts.--Amounts received by the Secretary under this section
shall be credited to funds derived from commissary surcharges, shall be
merged with those funds, and shall be available for the same purposes as
the funds with which merged.
``(e) Definition.--In this section, the term `commissary surcharge'
means any adjustment or surcharge applied under section 2486(c) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 147 of title 10, United States Code, is amended by striking the
item relating to section 2487 and inserting the following new item:
``2487. Commissary stores: release of certain commercially
valuable information to the public.''.
SEC. 334. REBATE AGREEMENTS WITH PRODUCERS OF FOODS PROVIDED
UNDER SPECIAL SUPPLEMENTAL FOOD PROGRAM.
Section 1060a of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections (f) and
(g), respectively; and
(2) by inserting after subsection (d) the following new subsection:
``(e) Rebate Agreements With Food Producers.--(1) In the
administration of the program under this section, the Secretary of
Defense may enter into a contract with a producer of a particular brand
of food that provides for--
``(A) the Secretary of Defense to procure that particular brand of
food, exclusive of other brands of the same or similar food, for the
purpose of providing the food in commissary stores of the Department of
Defense as a supplemental food under the program; and
``(B) the producer to rebate to the Secretary amounts equal to
agreed portions of the amounts paid by the Secretary for the procurement
of that particular brand of food for the program.
``(2) The Secretary of Defense shall use competitive procedures under
chapter 137 of this title to enter into contracts under this subsection.
``(3) The period covered by a contract entered into under this
subsection may not exceed one year. No such contract may be extended by
a modification of the contract, by exercise of an option, or by any
other means. Nothing in this paragraph prohibits a contractor under a
contract entered into under this subsection for any year from submitting
an offer for, and being awarded, a contract that is to be entered into
under this subsection for a successive year.
``(4) Amounts rebated under a contract entered into under paragraph
(1) shall be credited to the appropriation available for carrying out
the program under this section in the fiscal year in which rebated,
shall be merged with the other sums in that appropriation, and shall be
available for the program for the same period as the other sums in the
appropriation.''.
SEC. 335. CIVIL RECOVERY FOR NONAPPROPRIATED FUND
INSTRUMENTALITY COSTS RELATED TO SHOPLIFTING.
Section 3701(b)(1)(B) of title 31, United States Code, is amended by
inserting before the comma at the end the following: ``, including
actual and administrative costs related to shoplifting, theft detection,
and theft prevention''.
Subtitle D--Workforce and Depot Issues
SEC. 341. REVISION OF AUTHORITY TO WAIVE LIMITATION ON
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.
Section 2466 of title 10, United States Code, is amended--
(1) by striking subsection (c); and
(2) by inserting after subsection (a) the following new subsections:
``(b) Waiver of Limitation.--The Secretary of Defense may waive the
limitation in subsection (a) for a fiscal year if--
``(1) the Secretary determines that the waiver is necessary for
reasons of national security; and
``(2) the Secretary submits to Congress a notification of the waiver
together with the reasons for the waiver.
``(c) Prohibition on Delegation of Waiver Authority.--The authority
to grant a waiver under subsection (b) may not be delegated.''.
SEC. 342. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION ON
PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.
Section 2474 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) Exclusion of Certain Expenditures From Percentage
Limitation.--(1) Amounts expended out of funds described in paragraph
(2) for the performance of a depot-level maintenance and repair workload
by non-Federal Government personnel at a Center of Industrial and
Technical Excellence shall not be counted for purposes of applying the
percentage limitation in section 2466(a) of this title if the personnel
are provided by private industry or other entities outside the
Department of Defense pursuant to a public-private partnership.
``(2) The funds referred to in paragraph (1) are funds available to
the military departments and Defense Agencies for depot-level
maintenance and repair workloads for fiscal years 2002 through 2005.
``(3) All funds covered by paragraph (1) shall be included as a
separate item in the reports required under paragraphs (1), (2), and (3)
of section 2466(e) of this title.''.
SEC. 343. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERVICES
MANUFACTURED OR PERFORMED BY WORKING-CAPITAL FUNDED INDUSTRIAL
FACILITIES OF THE DEPARTMENT OF DEFENSE.
(a) General Rule.--Section 2563(c) of title 10, United States Code,
is amended--
(1) in paragraph (1)(B), by striking ``in any case of willful
misconduct or gross negligence'' and inserting ``as provided in
paragraph (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Paragraph (1)(B) does not apply in any case of willful
misconduct or gross negligence or in the case of a claim by a purchaser
of articles or services under this section that damages or injury arose
from the failure of the Government to comply with quality, schedule, or
cost performance requirements in the contract to provide the articles or
services.''.
(b) Conforming Amendment.--Section 2474(e)(2)(B)(i) of such title is
amended by striking ``in a case of willful conduct or gross negligence''
and inserting ``under the circumstances described in section 2563(c)(3)
of this title''.
SEC. 344. REVISION OF DEADLINE FOR ANNUAL REPORT ON COMMERCIAL
AND INDUSTRIAL ACTIVITIES.
Section 2461(g) of title 10, United States Code, is amended by
striking ``February 1'' and inserting ``June 30''.
SEC. 345. PILOT MANPOWER REPORTING SYSTEM IN DEPARTMENT OF THE ARMY.
(a) Annual Reporting Requirement.--Not later than March 1 of each of
the fiscal years 2002 through 2004, the Secretary of the Army shall
submit to Congress a report describing the use during the previous
fiscal year of non-Federal entities to provide services to the
Department of the Army.
(b) Content of Report.--Using information available from existing
data collection and reporting systems available to the Department of the
Army and the non-Federal entities referred to in subsection (a), the
report shall--
(1) specify the number of work year equivalents performed by
individuals employed by non-Federal entities in providing services to
the Department;
(2) categorize the information by Federal supply class or service
code; and
(3) indicate the appropriation from which the services were funded
and the major organizational element of the Department procuring the
services.
(c) Limitation on Requirement for Non-Federal Entities to Provide
Information.--For the purposes of meeting the requirements set forth in
subsection (b), the Secretary of the Army may not require the provision
of information beyond the information that is currently provided to the
Department of the Army by the non-Federal entities referred to in
subsection (a), except for the number of work year equivalents
associated with Department of the Army contracts, identified by contract
number, to the extent this information is available to the contractor
from existing data collection systems.
(d) Repeal of Obsolete Reporting Requirement.--Section 343 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106
65; 113 Stat. 569) is repealed.
SEC. 346. DEVELOPMENT OF ARMY WORKLOAD AND PERFORMANCE SYSTEM
AND WHOLESALE LOGISTICS MODERNIZATION PROGRAM.
(a) Relationship Between Systems.--(1) The Army Workload and
Performance System, including all applications in the master plan
submitted to Congress on June 8, 2001, and any revisions to the master
plan, shall be developed in such a manner that its functionality and
identity are in compliance with all statutory requirements. The Army
Workload and Performance System shall continue as a standard Army-wide
manpower system under the supervision and management of the Secretary of
the Army.
(2) The requirement in paragraph (1) is intended to encourage the
sharing of data between the Army Workload and Performance System and the
Wholesale Logistics Modernization Program and the development of the
processes necessary to permit or enhance such data sharing.
(b) Annual Progress Reports.--(1) Not later than February 1 of each
year, the Secretary of the Army shall submit to Congress a progress
report on the implementation of the master plan for the Army Workload
and Performance System during the preceding year. The report shall
specifically address any changes made to the master plan since the
previous report.
(2) The reporting requirement shall terminate when the Secretary
certifies to Congress that the Army Workload and Performance System is
fully implemented.
(c) GAO Evaluation.--Not later than 60 days after the Secretary of
the Army submits to Congress a progress report under subsection (b), the
Comptroller General shall submit to Congress an evaluation of the
report.
(d) Army Workload and Performance System Defined.--The term ``Army
Workload and Performance System'' includes all applications in the
master plan for the System submitted to Congress on June 8, 2001, and
any revision of such master plan.
Subtitle E--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2002.--Of the amount authorized to be appropriated pursuant to section
301(a)(5) for operation and maintenance for Defense-wide activities--
(1) $30,000,000 shall be available only for the purpose of providing
educational agencies assistance to local educational agencies; and
(2) $1,000,000 shall be available only for the purpose of making
payments to local educational agencies to assist such agencies in
adjusting to reductions in the number of military dependent students as
a result of the closure or realignment of military installations, as
provided in section 386(d) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102 484; 20 U.S.C. 7703 note).
(b) Notification.--Not later than June 30, 2002, the Secretary of
Defense shall notify each local educational agency that is eligible for
assistance or a payment under subsection (a) for fiscal year 2002 of--
(1) that agency's eligibility for the assistance or payment; and
(2) the amount of the assistance or payment for which that agency is
eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means assistance
authorized under section 386(b) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102 484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(a)(5) for operation and maintenance for Defense-wide activities,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106 398; 114 Stat. 1654A 77; 20
U.S.C. 7703a).
SEC. 353. AVAILABILITY OF AUXILIARY SERVICES OF DEFENSE
DEPENDENTS' EDUCATION SYSTEM FOR DEPENDENTS WHO ARE HOME SCHOOL
STUDENTS.
Section 1407 of the Defense Dependents' Education Act of 1978 (20
U.S.C. 926) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
``(d) Auxiliary Services Available to Home School Students.--(1) A
dependent who is educated in a home school setting, but who is eligible
to enroll in a school of the defense dependents' education system, shall
be permitted to use or receive auxiliary services of that school without
being required to either enroll in that school or register for a minimum
number of courses offered by that school. The dependent may be required
to satisfy other eligibility requirements and comply with standards of
conduct applicable to students actually enrolled in that school who use
or receive the same auxiliary services.
``(2) For purposes of paragraph (1), the term `auxiliary services'
includes use of academic resources, access to the library of the school,
after hours use of school facilities, and participation in music,
sports, and other extracurricular and interscholastic activities.''.
SEC. 354. COMPTROLLER GENERAL STUDY OF ADEQUACY OF
COMPENSATION PROVIDED FOR TEACHERS IN THE DEPARTMENT OF DEFENSE OVERSEAS
DEPENDENTS' SCHOOLS.
(a) GAO Study Required.--The Comptroller General shall carry out a
study of the adequacy of the pay and other elements of the compensation
provided for teachers in the defense dependents' education system
established under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et seq.).
(b) Specific Considerations.--In carrying out the study, the
Comptroller General shall consider the following issues:
(1) Whether the compensation is adequate for recruiting and
retaining high quality teachers.
(2) Whether any revision of the Defense Department Overseas Teachers
Pay and Personnel Practices Act (20 U.S.C. 901 et seq.) or the
regulations under that Act is advisable to address any problems
identified with respect to the recruitment and retention of high quality
teachers or for other purposes.
(c) Report.--Not later than May 1, 2002, the Comptroller General
shall submit to Congress a report containing the results of the study,
including--
(1) the Comptroller General's conclusions on the issues considered;
and
(2) any recommendations for actions that the Comptroller General
considers appropriate.
Subtitle F--Other Matters
SEC. 361. AVAILABILITY OF EXCESS DEFENSE PERSONAL PROPERTY TO
SUPPORT DEPARTMENT OF VETERANS AFFAIRS INITIATIVE TO ASSIST HOMELESS
VETERANS.
(a) Transfer Authority.--Subsection (a) of section 2557 of title 10,
United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may make excess clothing, shoes,
sleeping bags, and related nonlethal excess supplies available to the
Secretary of Veterans Affairs for distribution to homeless veterans and
programs assisting homeless veterans. The transfer of nonlethal excess
supplies to the Secretary of Veterans Affairs under this paragraph shall
be without reimbursement.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``2557. Excess nonlethal supplies: availability for homeless
veteran initiatives and humanitarian relief''.
(2) The table of sections at the beginning of chapter 152 of such
title is amended by striking the item relating to section 2557 and
inserting the following new item:
``2557. Excess nonlethal supplies: availability for homeless
veteran initiatives and humanitarian relief.''.
SEC. 362. INCREMENTAL IMPLEMENTATION OF NAVY-MARINE CORPS
INTRANET CONTRACT.
(a) Additional Phase-In Authority.--Section 814 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106 398; 114 Stat. 1654A 215) is
amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (f), (g), (h), and (i), respectively; and
(2) by inserting after subsection (b) the following new subsections:
``(c) Additional Phase-In Authority Pending Second Joint
Certification.--(1)(A) Notwithstanding subsection (b)(3), the Secretary
of the Navy may order additional work stations under the Navy-Marine
Corps Intranet contract in excess of the number provided in the first
increment of the contract under subsection (b)(2), but not to exceed an
additional 100,000 work stations. The authority of Secretary of the Navy
to order additional work stations under this paragraph is subject to
approval by both the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Chief Information Officer of the
Department of Defense.
``(B) The Under Secretary of Defense for Acquisition, Technology, and
Logistics and the Chief Information Officer of the Department of Defense
may not grant approval to the Secretary of the Navy to order additional
work stations under subparagraph (A) until a three-phase customer test
and evaluation, observed by the Department of Defense, is completed for
a statistically significant representative sample of the work stations
operating on the Navy-Marine Corps Intranet. The test and evaluation
shall include end user testing of day-to-day operations (including
e-mail capability and performance), scenario-driven events, and
scenario-based interoperability testing.
``(2)(A) Notwithstanding subsection (b)(3), the Secretary of the Navy
may order additional work stations under the Navy-Marine Corps Intranet
contract in excess of the number provided in the first increment of the
contract under subsection (b)(2) and the number ordered under the
authority of paragraph (1), but not to exceed an additional 150,000 work
stations. The authority of Secretary of the Navy to order additional
work stations under this paragraph is also subject to approval by both
the Under Secretary of Defense for Acquisition, Technology, and
Logistics and the Chief Information Officer of the Department of
Defense.
``(B) The Under Secretary of Defense for Acquisition, Technology, and
Logistics and the Chief Information Officer of the Department of Defense
may not grant approval to the Secretary of the Navy to order additional
work stations under subparagraph (A) until each of the following occurs:
``(i) There has been a full transition of not less than 20,000 work
stations to the Navy-Marine Corps Intranet.
``(ii) The work stations referred to in clause (i) have met
applicable service-level agreements specified in the Navy-Marine Corps
Intranet contract, as determined by contractor performance measurement
under oversight by the Department of the Navy.
``(iii) The Chief Information Officer of the Navy certifies to the
Secretary of the Navy and the Chief Information Officer of the
Department of Defense that the results of the performance evaluation
referred to in clause (ii) are acceptable.
``(3) Of the work stations ordered under the authority provided by
paragraph (2), not more than 50 percent may reach the major milestone
known as `assumption of responsibility' until each of the following
occurs:
``(A) All work stations for the headquarters of the Naval Air
Command have met applicable service-level agreements specified in the
Navy-Marine Corps Intranet contract, as determined by contractor
performance measurement under oversight by the Department of the Navy.
``(B) The Chief Information Officer of the Navy certifies to the
Secretary of the Navy and the Chief Information Officer of the
Department of Defense that the results of the performance evaluation
referred to in subparagraph (B) are acceptable.
``(4) For the purposes of this section, when the information
infrastructure and systems of a user of a work station are transferred
into Navy-Marine Corps Intranet infrastructure and systems under the
Navy-Marine Corps Intranet contract consistent with the applicable
service-level agreements specified in the Navy-Marine Corps Intranet
contract, the work station shall be considered as having been provided
for the Navy-Marine Corps Intranet.
``(d) Reporting and Review Requirements.--(1) If work stations are
ordered using the authority provided by paragraph (1) or (2) of
subsection (c), the Secretary of the Navy shall submit to Congress a
report, current as of the date the determination is made to order the
work stations, on the following:
``(A) The number of work stations operating on the Navy-Marine Corps
Intranet, including the number of work stations regarding which
assumption of responsibility has occurred.
``(B) The status of testing and implementation of the Navy-Marine
Corps Intranet program.
``(C) The number of work stations to be ordered under paragraph (1)
or (2) of subsection (c), whichever applies.
``(2) A report containing the information required by paragraph (1)
shall also be submitted to Congress when the requirements of paragraph
(3) of subsection (c) are satisfied and additional work stations under
the Navy-Marine Corps Intranet contract are authorized to reach
assumption of responsibility.
``(3) The Comptroller General shall conduct a review of the impact
that participation in the Navy-Marine Corps Intranet program has on
information technology costs of working capital funded industrial
facilities of the Department of the Navy and submit the results of the
review to Congress.''.
(b) Navy-Marine Corps Intranet Manager.--Such section is further
amended by inserting after subsection (d), as added by subsection (a)(2)
of this section, the following new subsection:
``(e) Assignment of Navy-Marine Corps Intranet Manager.--The
Secretary of the Navy shall assign an employee of the Department of the
Navy to the Navy-Marine Corps Intranet program whose sole responsibility
will be to oversee and direct the program. The employee so assigned may
not also be the program executive officer.''.
(c) Definitions.--Subsection (i) of such section, as redesignated by
subsection (a)(1) of this section, is amended--
(1) by striking `` Navy-Marine Corps Intranet Contract Defined.--''
and inserting `` Definitions.--(1)''; and
(2) by adding at the end the following new paragraph:
``(2) In this section, the term `assumption of responsibility', with
respect to a work station, means the point at which the contractor team
under the Navy-Marine Corps Intranet contract assumes operational
control of, and responsibility for, the existing information
infrastructure and systems of a work station, in order to prepare for
ultimate transition of the work station to the Navy-Marine Corps
Intranet.''.
SEC. 363. COMPTROLLER GENERAL STUDY AND REPORT OF NATIONAL
GUARD DISTRIBUTIVE TRAINING TECHNOLOGY PROJECT.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study of the Distributive Training Technology Project of
the National Guard. The study shall examine--
(1) current requirements of the National Guard for interconnection
of networks of the Distributive Training Technology Project with other
networks, including networks of the Federal Emergency Management Agency
and other Federal, State, and local emergency preparedness and response
agencies; and
(2) future requirements of the National Guard for interconnection of
networks of the Project with other networks, including those Federal and
State agencies having disaster response functions.
(b) Elements of Study.--For both the current requirements identified
under subsection (a)(1) and future requirements identified under
subsection (a)(2), the study shall examine the following:
(1) Appropriate connections between the Project and other networks.
(2) Means of protecting the Project from outside intrusion.
(3) Impediments to interconnectivity, including the extent to which
national security concerns affect interconnectivity and the
technological capability of the Department of Defense to impede
interconnectivity, as well as other concerns or limitations that affect
interconnectivity.
(4) Means of improving interconnectivity.
(c) Report.--Not later than 270 days after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report on the study conducted under
subsection (a). The report shall describe the results of the study and
shall include any recommendations that the Comptroller General considers
appropriate in light of the study.
SEC. 364. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
(a) Extension of Authority.--Subsection (f) of section 391 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105
85; 10 U.S.C. 2304 note) is amended by striking ``September 30, 2000''
and inserting ``September 30, 2003''.
(b) Reporting Requirements.--Subsection (g) of such section is
amended--
(1) in paragraph (1), by striking ``January 1, 2001'' and inserting
``January 1, 2003''; and
(2) in paragraph (2), by striking ``March 1, 2001'' and inserting
``March 1, 2003''.
SEC. 365. EVALUATION OF CURRENT DEMONSTRATION PROGRAMS TO
IMPROVE QUALITY OF PERSONAL PROPERTY SHIPMENTS OF MEMBERS.
(a) Completion of Evaluation; Report.--Not later than March 31, 2002,
the Secretary of Defense shall complete the ongoing evaluation of all
test programs regarding the transportation of household goods for
members of the Armed Forces and submit to Congress a report containing
the results of such evaluation.
(b) Contents of Report.--The report shall include--
(1) the results of each test program evaluated, including whether
the test program satisfied the goals for the movement of such household
goods (as contained in the General Accounting Report NSIAD 97 49) and
whether current business processes and information technology
capabilities require upgrading or other changes to improve the
transportation of such household goods; and
(2) recommendations for policy improvements for military household
moves worldwide, including an estimate of the cost to implement each
recommendation.
SEC. 366. SENSE OF CONGRESS REGARDING SECURITY TO BE PROVIDED
AT 2002 WINTER OLYMPIC GAMES.
It is the sense of Congress that the Secretary of Defense, upon
receipt of the certification of the Attorney General required by section
2564(a) of title 10, United States Code, should authorize the provision
of assistance in support of essential security and safety at the 2002
Winter Olympic Games to be held in Salt Lake City, Utah, and other
locations in the State of Utah.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A--ACTIVE FORCES
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Increase in senior enlisted active duty grade limit for
Navy, Marine Corps, and Air Force.
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 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of reserve personnel serving on
active duty or full-time National Guard duty in certain grades for
administration of reserve components.
SUBTITLE C--OTHER MATTERS RELATING TO PERSONNEL STRENGTHS
Sec. 421. Administration of end strengths.
Sec. 422. Active duty end strength exemption for National Guard
and reserve personnel performing funeral honors functions.
SUBTITLE D--AUTHORIZATION OF APPROPRIATIONS
Sec. 431. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2002, as follows:
(1) The Army, 480,000.
(2) The Navy, 376,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 358,800.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``372,000'' and inserting
``376,000''; and
(2) in paragraph (4), by striking ``357,000'' and inserting
``358,800''.
SEC. 403. INCREASE IN SENIOR ENLISTED ACTIVE DUTY GRADE LIMIT
FOR NAVY, MARINE CORPS, AND AIR FORCE.
Section 517(a) of title 10, United States Code, is amended by
striking ``2 percent (or, in the case of the Army, 2.5 percent)'' and
inserting ``2.5 percent''.
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,
2002, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,000.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 74,700.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component shall be proportionately
reduced by--
(1) the total authorized strength of units organized to serve as
units of the Selected Reserve of such component which are on active duty
(other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on
active duty (other than for training or for unsatisfactory participation
in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from
active duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT
OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2002,
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, 23,698.
(2) The Army Reserve, 13,406.
(3) The Naval Reserve, 14,811.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,591.
(6) The Air Force Reserve, 1,437.
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 2002 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, 6,249.
(2) For the Army National Guard of the United States, 23,615.
(3) For the Air Force Reserve, 9,818.
(4) For the Air National Guard of the United States, 22,422.
SEC. 414. FISCAL YEAR 2002 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, 2002, may not exceed the following:
(1) For the Army Reserve, 1,095.
(2) For the Army National Guard of the United States, 1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United States, 350.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PERSONNEL SERVING
ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY IN CERTAIN GRADES FOR
ADMINISTRATION OF RESERVE COMPONENTS.
(a) Officers.--The text of section 12011 of title 10, United States
Code, is amended to read as follows:
``(a) Limitations.--(1) Of the total number of members of a reserve
component who are serving on full-time reserve component duty at the end
of any fiscal year, the number of those members who may be serving in
each of the grades of major, lieutenant colonel, and colonel may not, as
of the end of that fiscal year, exceed the number determined in
accordance with the following table:
``Total number of members of a reserve component serving on full-time reserve component duty: Number of officers of that reserve component who may be serving in the grade of:
Major Lieutenant Colonel Colonel
Army Reserve:
10,000 1,390 740 230
11,000 1,529 803 242
12,000 1,668 864 252
13,000 1,804 924 262
14,000 1,940 984 272
15,000 2,075 1,044 282
16,000 2,210 1,104 291
17,000 2,345 1,164 300
18,000 2,479 1,223 309
19,000 2,613 1,282 318
20,000 2,747 1,341 327
21,000 2,877 1,400 336
Army National Guard:
20,000 1,500 850 325
22,000 1,650 930 350
24,000 1,790 1,010 370
26,000 1,930 1,085 385
28,000 2,070 1,160 400
30,000 2,200 1,235 405
32,000 2,330 1,305 408
34,000 2,450 1,375 411
36,000 2,570 1,445 411
38,000 2,670 1,515 411
40,000 2,770 1,580 411
42,000 2,837 1,644 411
Marine Corps Reserve:
1,100 106 56 20
1,200 110 60 21
1,300 114 63 22
1,400 118 66 23
1,500 121 69 24
1,600 124 72 25
1,700 127 75 26
1,800 130 78 27
1,900 133 81 28
2,000 136 84 29
2,100 139 87 30
2,200 141 90 31
2,300 143 92 32
2,400 145 94 33
2,500 147 96 34
2,600 149 98 35
Air Force Reserve:
500 83 85 50
1,000 155 165 95
1,500 220 240 135
2,000 285 310 170
2,500 350 369 203
3,000 413 420 220
3,500 473 464 230
4,000 530 500 240
4,500 585 529 247
5,000 638 550 254
5,500 688 565 261
6,000 735 575 268
7,000 770 595 280
8,000 805 615 290
10,000 835 635 300
Air National Guard:
5,000 333 335 251
6,000 403 394 260
7,000 472 453 269
8,000 539 512 278
9,000 606 571 287
10,000 673 630 296
11,000 740 688 305
12,000 807 742 314
13,000 873 795 323
14,000 939 848 332
15,000 1,005 898 341
16,000 1,067 948 350
17,000 1,126 998 359
18,000 1,185 1,048 368
19,000 1,235 1,098 377
20,000 1,283 1,148 380.
``(2) Of the total number of members of the Naval Reserve who are
serving on full-time reserve component duty at the end of any fiscal
year, the number of those members who may be serving in each of the
grades of lieutenant commander, commander, and captain may not, as of
the end of that fiscal year, exceed the number determined in accordance
with the following table:
``Total number of members of Naval Reserve serving on full-time reserve component duty Number of officers who may be serving in the grade of:
Lieutenant commander Commander Captain
10,000 807 447 141
11,000 867 467 153
12,000 924 485 163
13,000 980 503 173
14,000 1,035 521 183
15,000 1,088 538 193
16,000 1,142 555 203
17,000 1,195 565 213
18,000 1,246 575 223
19,000 1,291 585 233
20,000 1,334 595 242
21,000 1,364 603 250
22,000 1,384 610 258
23,000 1,400 615 265
24,000 1,410 620 270.
``(b) Determinations by Interpolation.--If the total number of
members of a reserve component serving on full-time reserve component
duty is between any two consecutive numbers in the first column of the
appropriate table in paragraph (1) or (2) of subsection (a), the
corresponding authorized strengths for each of the grades shown in that
table for that component are determined by mathematical interpolation
between the respective numbers of the two strengths. If the total number
of members of a reserve component serving on full-time reserve component
duty is more or less than the highest or lowest number, respectively,
set forth in the first column of the appropriate table in paragraph (1)
or (2) of subsection (a), the Secretary concerned shall fix the
corresponding strengths for the grades shown in that table at the same
proportion as is reflected in the nearest limit shown in the table.
``(c) Reallocations to Lower Grades.--Whenever the number of officers
serving in any grade for duty described in subsection (a) is less than
the number authorized for that grade under this section, the difference
between the two numbers may be applied to increase the number authorized
under this section for any lower grade.
``(d) Secretarial Waiver.--(1) Upon determining that it is in the
national interest to do so, the Secretary of Defense may increase for a
particular fiscal year the number of reserve officers that may be on
full-time reserve component duty for a reserve component in a grade
referred to in a table in subsection (a) by a number that does not
exceed the number equal to 5 percent of the maximum number specified for
the grade in that table.
``(2) Whenever the Secretary exercises the authority provided in
paragraph (1), the Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives notice in writing of the adjustment made.
``(e) Full-Time Reserve Component Duty Defined.--In this section, the
term `full-time reserve component duty' means the following duty:
``(1) Active duty described in sections 10211, 10302, 10303, 10304,
10305, 12310, or 12402 of this title.
``(2) Full-time National Guard duty (other than for training) under
section 502(f) of title 32.
``(3) Active duty described in section 708 of title 32.''.
(b) Senior Enlisted Members.--The text of section 12012 of title 10,
United States Code, is amended to read as follows:
``(a) Limitations.--Of the total number of members of a reserve
component who are serving on full-time reserve component duty at the end
of any fiscal year, the number of those members in each of pay grades of
E 8 and E 9 who may be serving on active duty under section 10211 or
12310, or on full-time National Guard duty under the authority of
section 502(f) of title 32 (other than for training) in connection with
organizing, administering, recruiting, instructing, or training the
reserve components or the National Guard may not, as of the end of that
fiscal year, exceed the number determined in accordance with the
following table:
``Total number of members of a reserve component serving on full-time reserve component duty: Number of members of that reserve component who may be serving in the grade of:
E 8 E 9
Army Reserve:
10,000 1,052 154
11,000 1,126 168
12,000 1,195 180
13,000 1,261 191
14,000 1,327 202
15,000 1,391 213
16,000 1,455 224
17,000 1,519 235
18,000 1,583 246
19,000 1,647 257
20,000 1,711 268
21,000 1,775 278
Army National Guard:
20,000 1,650 550
22,000 1,775 615
24,000 1,900 645
26,000 1,945 675
28,000 1,945 705
30,000 1,945 725
32,000 1,945 730
34,000 1,945 735
36,000 1,945 738
38,000 1,945 741
40,000 1,945 743
42,000 1,945 743
Naval Reserve:
10,000 340 143
11,000 364 156
12,000 386 169
13,000 407 182
14,000 423 195
15,000 435 208
16,000 447 221
17,000 459 234
18,000 471 247
19,000 483 260
20,000 495 273
21,000 507 286
22,000 519 299
23,000 531 312
24,000 540 325
Marine Corps Reserve:
1,100 50 11
1,200 55 12
1,300 60 13
1,400 65 14
1,500 70 15
1,600 75 16
1,700 80 17
1,800 85 18
1,900 89 19
2,000 93 20
2,100 96 21
2,200 99 22
2,300 101 23
2,400 103 24
2,500 105 25
2,600 107 26
Air Force Reserve:
500 75 40
1,000 145 75
1,500 208 105
2,000 270 130
2,500 325 150
3,000 375 170
3,500 420 190
4,000 460 210
4,500 495 230
5,000 530 250
5,500 565 270
6,000 600 290
7,000 670 330
8,000 740 370
10,000 800 400
Air National Guard
5,000 1,020 405
6,000 1,070 435
7,000 1,120 465
8,000 1,170 490
9,000 1,220 510
10,000 1,270 530
11,000 1,320 550
12,000 1,370 570
13,000 1,420 589
14,000 1,470 608
15,000 1,520 626
16,000 1,570 644
17,000 1,620 661
18,000 1,670 678
19,000 1,720 695
20,000 1,770 712.
``(b) Determinations by Interpolation.--If the total number of
members of a reserve component serving on full-time reserve component
duty is between any two consecutive numbers in the first column of the
table in subsection (a), the corresponding authorized strengths for each
of the grades shown in that table for that component are determined by
mathematical interpolation between the respective numbers of the two
strengths. If the total number of members of a reserve component serving
on full-time reserve component duty is more or less than the highest or
lowest number, respectively, set forth in the first column of the table
in subsection (a), the Secretary concerned shall fix the corresponding
strengths for the grades shown in the table at the same proportion as is
reflected in the nearest limit shown in the table.
``(c) Reallocations to Lower Grade.--Whenever the number of members
serving in pay grade E 9 for duty described in subsection (a) is less
than the number authorized for that grade under this section, the
difference between the two numbers may be applied to increase the number
authorized under this section for pay grade E 8.
``(d) Secretarial Waiver.--(1) Upon determining that it is in the
national interest to do so, the Secretary of Defense may increase for a
particular fiscal year the number of reserve enlisted members that may
be on active duty or full-time National Guard duty as described in
subsection (a) for a reserve component in a pay grade referred to in a
table in subsection (a) by a number that does not exceed the number
equal to 5 percent of the maximum number specified for that grade and
reserve component in the table.
``(2) Whenever the Secretary exercises the authority provided in
paragraph (1), the Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives notice in writing of the adjustment made.
``(e) Full-Time Reserve Component Duty Defined.--In this section, the
term `full-time reserve component duty' has the meaning given the term
in section 12011(e) of this title.''.
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. ADMINISTRATION OF END STRENGTHS.
(a) Increase in Percentage by Which Active Component End Strengths
May Be Increased.--Section 115(c)(1) of title 10, United States Code, is
amended by striking ``1 percent'' and inserting ``2 percent''.
(b) Waiver of End Strengths During National Emergency.--The text of
section 123a of such title is amended to read as follows:
``(a) During War or National Emergency.--If at the end of any fiscal
year there is in effect a war or national emergency, the President may
waive any statutory end strength with respect to that fiscal year. Any
such waiver may be issued only for a statutory end strength that is
prescribed by law before the waiver is issued.
``(b) Upon Termination of War or National Emergency.--Upon the
termination of a war or national emergency with respect to which the
President has exercised the authority provided by subsection (a), the
President may defer the effectiveness of any statutory end strength with
respect to the fiscal year during which the termination occurs. Any such
deferral may not extend beyond the last day of the sixth month beginning
after the date of such termination.
``(c) Statutory End Strength.--In this section, the term `statutory
end strength' means any end-strength limitation with respect to a fiscal
year that is prescribed by law for any military or civilian component of
the armed forces or of the Department of Defense.''.
SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR NATIONAL
GUARD AND RESERVE PERSONNEL PERFORMING FUNERAL HONORS FUNCTIONS.
Section 115(d) of title 10, United States Code, is amended by adding
at the end the following new paragraphs:
``(10) Members of reserve components on active duty to prepare for
and to perform funeral honors functions for funerals of veterans in
accordance with section 1491 of this title.
``(11) Members on full-time National Guard duty to prepare for and
perform funeral honors functions for funerals of veterans in accordance
with section 1491 of this title.''.
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 2002 a total of
$82,307,281,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2002.
TITLE V--MILITARY PERSONNEL POLICY
SUBTITLE A--OFFICER PERSONNEL POLICY
Sec. 501. Enhanced flexibility for management of senior general
and flag officer positions.
Sec. 502. Certifications of satisfactory performance for
retirement of officers in grades above major general and rear admiral.
Sec. 503. Review of actions of selection boards.
Sec. 504. Temporary reduction of time-in-grade requirement for
eligibility for promotion for certain active-duty list officers in
grades of first lieutenant and lieutenant (junior grade).
Sec. 505. Authority for promotion without selection board
consideration for all fully qualified officers in grade of first
lieutenant or lieutenant (junior grade) in the Navy.
Sec. 506. Authority to adjust date of rank of certain promotions
delayed by reason of unusual circumstances.
Sec. 507. Authority for limited extension of medical deferment of
mandatory retirement or separation.
Sec. 508. Authority for limited extension on active duty of
members subject to mandatory retirement or separation.
Sec. 509. Exemption from certain administrative limitations for
retired officers ordered to active duty as defense or service attache
AE1s.
Sec. 510. Officer in charge of United States Navy Band.
SUBTITLE B--RESERVE COMPONENT PERSONNEL POLICY
Sec. 511. Placement on active-duty list of certain Reserve
officers on active duty for a period of three years or less.
Sec. 512. Exception to baccalaureate degree requirement for
appointment of Reserve officers to grades above first lieutenant.
Sec. 513. Improved disability benefits for certain reserve
component members.
Sec. 514. Time-in-grade requirement for reserve component officers
retired with a nonservice-connected disability.
Sec. 515. Equal treatment of Reserves and full-time active duty
members for purposes of managing personnel deployments.
Sec. 516. Modification of physical examination requirements for
members of the Individual Ready Reserve.
Sec. 517. Retirement of Reserve members without requirement for
formal application or request.
Sec. 518. Space-required travel by Reserves on military aircraft.
Sec. 519. Payment of Federal Employee Health Benefit Program
premiums for certain Reservists called to active duty in support of
contingency operations.
SUBTITLE C--JOINT SPECIALTY OFFICERS AND JOINT PROFESSIONAL MILITARY
EDUCATION
Sec. 521. Nominations and promotions for joint specialty officers.
Sec. 522. Joint duty credit.
Sec. 523. Retroactive joint service credit for duty in certain
joint task forces.
Sec. 524. Revision to annual report on joint officer management.
Sec. 525. Requirement for selection for joint specialty before
promotion to general or flag officer grade.
Sec. 526. Independent study of joint officer management and joint
professional military education reforms.
Sec. 527. Professional development education.
Sec. 528. Authority for National Defense University to enroll
certain private sector civilians.
Sec. 529. Continuation of reserve component professional military
education test.
SUBTITLE D--MILITARY EDUCATION AND TRAINING
Sec. 531. Defense Language Institute Foreign Language Center.
Sec. 532. Authority for the Marine Corps University to award
degree of master of strategic studies.
Sec. 533. Foreign students attending the service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or
midshipman in Senior Reserve Officers' Training Corps scholarship
programs.
Sec. 535. Participation of regular enlisted members of the Armed
Forces in Senior Reserve Officers' Training Corps program.
Sec. 536. Authority to modify the service obligation of certain
ROTC cadets in military junior colleges receiving financial assistance.
Sec. 537. Repeal of limitation on number of Junior Reserve
Officers' Training Corps units.
Sec. 538. Modification of nurse officer candidate accession
program restriction on students attending educational institutions with
senior reserve officers' training programs.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the chaplain for the Corps of
Cadets at the United States Military Academy.
SUBTITLE E--RECRUITING AND ACCESSION PROGRAMS
Sec. 541. 18-month enlistment pilot program.
Sec. 542. Improved benefits under the Army College First program.
Sec. 543. Correction and extension of certain Army recruiting
pilot program authorities.
Sec. 544. Military recruiter access to secondary school students.
Sec. 545. Permanent authority for use of military recruiting funds
for certain expenses at Department of Defense recruiting functions.
Sec. 546. Report on health and disability benefits for
pre-accession training and education programs.
SUBTITLE F--DECORATIONS, AWARDS, AND POSTHUMOUS COMMISSIONS
Sec. 551. Authority for award of the Medal of Honor to Humbert R.
Versace, Jon E. Swanson, and Ben L. Salomon for valor.
Sec. 552. Review regarding award of Medal of Honor to certain
Jewish American and Hispanic American war veterans.
Sec. 553. Authority to issue duplicate Medals of Honor and to
replace stolen military decorations.
Sec. 554. Retroactive Medal of Honor special pension.
Sec. 555. Waiver of time limitations for award of certain
decorations to certain persons.
Sec. 556. Sense of Congress on issuance of certain medals.
Sec. 557. Sense of Congress on development of a more
comprehensive, uniform policy for the award of decorations to military
and civilian personnel of the Department of Defense.
Sec. 558. Posthumous Army commission in the grade of captain in
the Chaplains Corps to Ella E. Gibson for service as chaplain of the
First Wisconsin Heavy Artillery Regiment during the Civil War.
SUBTITLE G--FUNERAL HONORS DUTY
Sec. 561. Participation of military retirees in funeral honors details.
Sec. 562. Funeral honors duty performed by Reserve and Guard
members to be treated as inactive-duty training for certain purposes.
Sec. 563. Use of military leave for funeral honors duty by Reserve
members and National Guardsmen.
Sec. 564. Authority to provide appropriate articles of clothing as
a civilian uniform for civilians participating in funeral honor details.
SUBTITLE H--MILITARY SPOUSES AND FAMILY MEMBERS
Sec. 571. Improved financial and other assistance to military
spouses for job training and education.
Sec. 572. Persons authorized to be included in surveys of military
families regarding Federal programs.
Sec. 573. Clarification of treatment of classified information
concerning persons in a missing status.
Sec. 574. Transportation to annual meeting of next-of-kin of
persons unaccounted for from conflicts after World War II.
Sec. 575. Amendments to charter of Defense Task Force on Domestic
Violence.
SUBTITLE I--MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Sec. 581. Blood alcohol content limit for the offense under the
Uniform Code of Military Justice of drunken operation of a vehicle,
aircraft, or vessel.
Sec. 582. Requirement that courts-martial consist of not less than
12 members in capital cases.
Sec. 583. Acceptance of voluntary legal assistance for the civil
affairs of members and former members of the uniformed services and
their dependents.
SUBTITLE J--OTHER MATTERS
Sec. 591. Congressional review period for change in ground combat
exclusion policy.
Sec. 592. Per diem allowance for lengthy or numerous deployments.
Sec. 593. Clarification of disability severance pay computation.
Sec. 594. Transportation or storage of privately owned vehicles on
change of permanent station.
Sec. 595. Repeal of requirement for final Comptroller General
report relating to Army end strength allocations.
Sec. 596. Continued Department of Defense administration of
National Guard Challenge program and Department of Defense Starbase
program.
Sec. 597. Report on Defense Science Board recommendation on
original appointments in regular grades for Academy graduates and
certain other new officers.
Sec. 598. Sense of Congress regarding the selection of officers
for recommendation for appointment as Commander, United States
Transportation Command.
Subtitle A--Officer Personnel Policy
SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF SENIOR
GENERAL AND FLAG OFFICER POSITIONS.
(a) Repeal of Limit on Number of Officers on Active Duty in Grades of
General and Admiral.--Section 528 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 32 of such title is amended by striking the item relating to
section 528.
SEC. 502. CERTIFICATIONS OF SATISFACTORY PERFORMANCE FOR
RETIREMENT OF OFFICERS IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.
Section 1370(c) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3)(A) The Secretary of Defense may delegate authority to make a
certification with respect to an officer under paragraph (1) only to the
Under Secretary of Defense for Personnel and Readiness or the Deputy
Under Secretary of Defense for Personnel and Readiness.
``(B) If authority is delegated under subparagraph (A) and, in the
course of consideration of an officer for a certification under
paragraph (1), the Under Secretary or (if such authority is delegated to
both the Under and Deputy Under Secretary) the Deputy Under Secretary
makes a determination described in subparagraph (C) with respect to that
officer, the Under Secretary or Deputy Under Secretary, as the case may
be, may not exercise the delegated authority in that case, but shall
refer the matter to the Secretary of Defense, who shall personally
determine whether to issue a certification under paragraph (1) with
respect to that officer.
``(C) A determination referred to in subparagraph (B) is a
determination that there is potentially adverse information concerning
an officer and that such information has not previously been submitted
to the Senate in connection with the consideration by the Senate of a
nomination of that officer for an appointment for which the advice and
consent of the Senate is required.''.
SEC. 503. 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 new section:
``1558. Review of actions of selection boards: correction of
military records by special boards; judicial review
``(a) Correction of Military Records.--The Secretary of a military
department may correct a person's military records in accordance with a
recommendation made by a special board. Any such correction may be made
effective 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) Definitions.--In this section:
``(1) Special board.--(A) The term `special board' means a board
that the Secretary of a military department 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) Such term includes a board for the correction of military
records convened under section 1552 of this title, if designated as a
special board by the Secretary concerned.
``(C) Such term does not include a promotion special selection board
convened under section 628 or 14502 of this title.
``(2) Selection board.--(A) The term `selection board' means a
selection board convened under section 573(c), 580, 580a, 581, 611(b),
637, 638, 638a, 14101(b), 14701, 14704, or 14705 of this title, and any
other board convened by the Secretary of a military department 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.
``(B) Such term does not include any of the following:
``(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.
``(iv) A board for the correction of military records convened under
section 1552 of this title.
``(3) Involuntarily board-separated.--The term `involuntarily
board-separated' means 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.
``(c) Relief Associated With Correction of Certain Actions.--(1) The
Secretary of the military department concerned shall ensure that an
involuntarily board-separated person receives relief under paragraph (2)
or under paragraph (3) if the person, as a result of a correction of the
person's military records under subsection (a), becomes entitled to
retention on or restoration to active duty or to active status in a
reserve component.
``(2)(A) A person referred to in paragraph (1) shall, with that
person's consent, be restored to the same status, rights, and
entitlements (less appropriate offsets against back pay and allowances)
in that person's armed force as the person would have had if the person
had not been selected to be involuntarily board-separated as a result of
an action the record of which is corrected under subsection (a). An
action under this subparagraph is subject to subparagraph (B).
``(B) Nothing in subparagraph (A) may 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 involuntarily
board-separated in an action of a selection board the record of which is
corrected under subsection (a).
``(3) If an involuntarily board-separated person referred to in
paragraph (1) does not consent to a restoration of status, rights, and
entitlements under paragraph (2), the Secretary concerned shall pay that
person back pay and allowances (less appropriate offsets), and shall
provide that person service credit, for the period--
``(A) 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
``(B) ending on the earlier of--
``(i) the date on which the person would have been so restored under
paragraph (2), as determined by the Secretary concerned; or
``(ii) 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.
``(d) 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.
``(e) Regulations.--(1) The Secretary of each military department
shall prescribe regulations to carry out this section. Regulations under
this subsection may not apply to subsection (f), other than to paragraph
(4)(C) of that subsection.
``(2) The Secretary may prescribe in the regulations under paragraph
(1) 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
such consideration.
``(3) Regulations prescribed by the Secretary of a military
department under this subsection may not take effect until approved by
the Secretary of Defense.
``(f) Judicial Review.--(1) A person seeking to challenge an action
or recommendation of a selection board, or an action taken by the
Secretary of the military department concerned on the report of a
selection board, is not entitled to relief in any judicial proceeding
unless the action or recommendation has first been considered by a
special board under this section or the Secretary concerned has denied
the convening of such a board for such consideration.
``(2)(A) A court of the United States may review a determination by
the Secretary of a military department not to convene a special board in
the case of any person. In any such case, the court may set aside the
Secretary's determination only if the court finds the determination to
be--
``(i) arbitrary or capricious;
``(ii) not based on substantial evidence;
``(iii) a result of material error of fact or material
administrative error; or
``(iv) otherwise contrary to law.
``(B) If a court sets aside a determination by the Secretary of a
military department not to convene a special board, it shall remand the
case to the Secretary concerned, who shall provide for consideration by
a special board.
``(3) A court of the United States may review a recommendation of a
special board or an action of the Secretary of the military department
concerned on the report of a special board. In any such case, a court
may set aside the action only if the court finds that the recommendation
or action was--
``(A) arbitrary or capricious;
``(B) not based on substantial evidence;
``(C) a result of material error of fact or material administrative
error; or
``(D) otherwise contrary to law.
``(4)(A) If, six months after receiving a complete application for
consideration by a special board in any case, the Secretary concerned
has not convened a special board and has not denied consideration by a
special board in that case, the Secretary shall be deemed for the
purposes of this subsection to have denied consideration of the case by
a special board.
``(B) If, six months after the convening of a special board in any
case, the Secretary concerned has not taken final action on the report
of the special board, the Secretary shall be deemed for the purposes of
this subsection to have denied relief in such case.
``(C) Under regulations prescribed under subsection (e), the
Secretary of a military department may waive the applicability of
subparagraph (A) or (B) in a case if the Secretary determines that a
longer period for consideration of the case is warranted. Such a waiver
may be for an additional period of not more than six months. The
Secretary concerned may not delegate authority to make a determination
under this subparagraph.
``(g) Existing Jurisdiction.--Nothing in this section limits--
``(1) the jurisdiction of any court of the United States under any
provision of law to determine the validity of any law, regulation, or
policy relating to selection boards; or
``(2) the authority of the Secretary of a military department to
correct a military record 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 new item:
``1558. Review of actions of selection boards: correction of
military records by special boards; judicial review.''.
(b) Special Selection Boards.--Section 628 of such title is amended--
(1) by redesignating subsection (g) as subsection (k); and
(2) by inserting after subsection (f) the following new subsections:
``(g) Judicial Review.--(1)(A) A court of the United States may
review a determination by the Secretary of a military department under
subsection (a)(1) or (b)(1) not to convene a special selection board in
the case of any person. In any such case, the court may set aside the
Secretary's determination only if the court finds the determination to
be--
``(i) arbitrary or capricious;
``(ii) not based on substantial evidence;
``(iii) a result of material error of fact or material
administrative error; or
``(iv) otherwise contrary to law.
``(B) If a court sets aside a determination by the Secretary of a
military department not to convene a special selection board under this
section, it shall remand the case to the Secretary concerned, who shall
provide for consideration by such a board.
``(2) A court of the United States may review the action of a special
selection board convened under this section or an action of the
Secretary of the military department concerned on the report of such a
board. In any such case, a court may set aside the action only if the
court finds that the action was--
``(A) arbitrary or capricious;
``(B) not based on substantial evidence;
``(C) a result of material error of fact or material administrative
error; or
``(D) otherwise contrary to law.
``(3)(A) If, six months after receiving a complete application for
consideration by a special selection board under this section in any
case, the Secretary concerned has not convened such a board and has not
denied consideration by such a board in that case, the Secretary shall
be deemed for the purposes of this subsection to have denied the
consideration of the case by such a board.
``(B) If, six months after the convening of a special selection board
under this section in any case, the Secretary concerned has not taken
final action on the report of the board, the Secretary shall be deemed
for the purposes of this subsection to have denied relief in such case.
``(C) Under regulations prescribed under subsection (j), the
Secretary of a military department may waive the applicability of
subparagraph (A) or (B) in a case if the Secretary determines that a
longer period for consideration of the case is warranted. Such a waiver
may be for an additional period of not more than six months. The
Secretary concerned may not delegate authority to make a determination
under this subparagraph.
``(h) Limitations of Other Jurisdiction.--No official or court of the
United States may, with respect to a claim based to any extent on the
failure of a person to be selected for promotion by a promotion board--
``(1) consider the claim unless the person has first 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
``(2) except as provided in subsection (g), grant any relief on the
claim unless the person has been selected for promotion by a special
selection board convened under this section to consider the person for
recommendation for promotion and the report of the board has been
approved by the President.
``(i) Existing Jurisdiction.--Nothing in this section limits--
``(1) the jurisdiction of any court of the United States under any
provision of law to determine the validity of any law, regulation, or
policy relating to selection boards; or
``(2) the authority of the Secretary of a military department to
correct a military record under section 1552 of this title.
``(j) Regulations.--(1) The Secretary of each military department
shall prescribe regulations to carry out this section. Regulations under
this subsection may not apply to subsection (g), other than to paragraph
(3)(C) of that subsection.
``(2) The Secretary may prescribe in the regulations under paragraph
(1) the circumstances under which consideration by a special selection
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 selection board is contingent upon application by or for
that person.
``(B) Any time limits applicable to the filing of an application for
such consideration.
``(3) Regulations prescribed by the Secretary of a military
department under this subsection may not take effect until approved by
the Secretary of Defense.''.
(c) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to any
proceeding pending on or after the date of the enactment of this Act
without regard to whether a challenge to an action of a selection board
of any of the Armed Forces being considered in the 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. 504. TEMPORARY REDUCTION OF TIME-IN-GRADE REQUIREMENT FOR
ELIGIBILITY FOR PROMOTION FOR CERTAIN ACTIVE-DUTY LIST OFFICERS IN
GRADES OF FIRST LIEUTENANT AND LIEUTENANT (JUNIOR GRADE).
(a) Authority.--Subsection (a)(1)(B) of section 619 of title 10,
United States Code, is amended by inserting before the period at the end
the following: ``, except that the minimum period of service in effect
under this subparagraph before October 1, 2005, shall be eighteen
months''.
(b) Stylistic Amendments.--Such section is further amended as
follows:
(1) Subsection (a) is amended by striking ``(a)(1)'' and inserting
``(a) Time-in-Grade Requirements.--(1)''.
(2) Subsection (b) is amended by striking ``(b)(1)'' and inserting
``(b) Continued Eligibility for Consideration for Promotion of Officers
Who Have Previously Failed of Selection.--(1)''.
(3) Subsection (c) is amended by striking ``(c)(1)'' and inserting
``(c) Officers To Be Considered by Promotion Boards.--(1)''.
(4) Subsection (d) is amended by inserting `` Certain Officers Not
To Be Considered.--'' after ``(d)''.
(c) Technical Amendment.--Subsection (a)(4) of such section is
amended by striking ``clause (A)'' and inserting ``subparagraph (A)''.
SEC. 505. AUTHORITY FOR PROMOTION WITHOUT SELECTION BOARD
CONSIDERATION FOR ALL FULLY QUALIFIED OFFICERS IN GRADE OF FIRST
LIEUTENANT OR LIEUTENANT (JUNIOR GRADE) IN THE NAVY.
(a) Active-Duty List Promotions.--(1) Section 624(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(3)(A) Except as provided in subsection (d), officers on the
active-duty list in the grade of first lieutenant or, in the case of the
Navy, lieutenant (junior grade) who are on an approved
all-fully-qualified-officers list shall be promoted to the next higher
grade in accordance with regulations prescribed by the Secretary
concerned.
``(B) An all-fully-qualified-officers list shall be considered to be
approved for purposes of subparagraph (A) when the list is approved by
the President. When so approved, such a list shall be treated in the
same manner as a promotion list under this chapter.
``(C) The Secretary of a military department may make a
recommendation to the President for approval of an
all-fully-qualified-officers list only when the Secretary determines
that all officers on the list are needed in the next higher grade to
accomplish mission objectives.
``(D) For purposes of this paragraph, an all-fully-qualified-officers
list is a list of all officers on the active-duty list in a grade who
the Secretary of the military department concerned determines--
``(i) are fully qualified for promotion to the next higher grade; and
``(ii) would be eligible for consideration for promotion to the next
higher grade by a selection board convened under section 611(a) of this
title upon the convening of such a board.''.
(2) Section 631 of such title is amended by adding at the end the
following new subsection:
``(d) For the purposes of this chapter, an officer of the Army, Air
Force, or Marine Corps who holds the grade of first lieutenant, and an
officer of the Navy who holds the grade of lieutenant (junior grade),
shall be treated as having failed of selection for promotion if the
Secretary of the military department concerned determines that the
officer would be eligible for consideration for promotion to the next
higher grade by a selection board convened under section 611(a) of this
title if such a board were convened but is not fully qualified for
promotion when recommending for promotion under section 624(a)(3) of
this title all fully qualified officers of the officer's armed force in
such grade who would be eligible for such consideration.''.
(3) Section 611 of such title is amended--
(A) in subsection (a)--
(i) by striking ``Under'' and all that follows through ``require,''
and inserting ``Whenever the needs of the service require, the Secretary
of the military department concerned''; and
(ii) by adding at the end the following new sentence: ``The
preceding sentence does not require the convening of a selection board
in the case of officers in the permanent grade of first lieutenant or,
in the case of the Navy, lieutenant (junior grade) when the Secretary
concerned recommends for promotion to the next higher grade under
section 624(a)(3) of this title all such officers whom the Secretary
finds to be fully qualified for promotion.'';
(B) in subsection (b), by striking ``Under'' and all that follows
through ``require,'' and inserting ``Whenever the needs of the service
require, the Secretary of the military department concerned''; and
(C) by adding at the end the following new subsection:
``(c) The convening of selection boards under subsections (a) and (b)
shall be under regulations prescribed by the Secretary of Defense.''.
(b) Reserve Active-Status List Promotions.--(1) Section 14308(b) of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4)(A) Officers in the permanent grade of first lieutenant or, in
the case of the Navy, lieutenant (junior grade) who are on an approved
all-fully-qualified-officers list shall be promoted to the next higher
grade in accordance with regulations prescribed by the Secretary
concerned. Such promotions shall be in the manner specified in section
12203 of this title.
``(B) An all-fully-qualified-officers list shall be considered to be
approved for purposes of subparagraph (A) when the list is approved by
the President. When so approved, such a list shall be treated in the
same manner as a promotion list under this chapter and chapter 1403 of
this title.
``(C) The Secretary of a military department may make a
recommendation to the President for approval of an
all-fully-qualified-officers list only when the Secretary determines
that all officers on the list are needed in the next higher grade to
accomplish mission objectives.
``(D) For purposes of this paragraph, an all-fully-qualified-officers
list is a list of all officers on the reserve active-status list in a
grade who the Secretary of the military department concerned
determines--
``(i) are fully qualified for promotion to the next higher grade; and
``(ii) would be eligible for consideration for promotion to the next
higher grade by a selection board convened under section 14101(a) of
this title upon the convening of such a board.''.
(2) Section 14504 of such title is amended by adding at the end the
following new subsection:
``(c) Officers in Grade of First Lieutenant or Lieutenant (Junior
Grade) Found Not Fully Qualified for Promotion.--For the purposes of
this chapter, an officer of the Army, Air Force, or Marine Corps on a
reserve active-status list who holds the grade of first lieutenant, and
an officer of the Navy on a reserve active-status list who holds the
grade of lieutenant (junior grade), shall be treated as having failed of
selection for promotion if the Secretary of the military department
concerned determines that the officer would be eligible for
consideration for promotion to the next higher grade by a selection
board convened under section 14101(a) of this title if such a board were
convened but is not fully qualified for promotion when recommending for
promotion under section 14308(b)(4) of this title all fully qualified
officers of the officer's armed force in such grade who would be
eligible for such consideration.''.
(3) Section 14101(a) of such title is amended by adding at the end
the following new paragraph:
``(3) Paragraph (1) does not require the convening of a selection
board in the case of officers in the permanent grade of first lieutenant
or, in the case of the Navy, lieutenant (junior grade) when the
Secretary concerned recommends for promotion to the next higher grade
under section 14308(b)(4) of this title all such officers whom the
Secretary finds to be fully qualified for promotion.''.
(c) Conforming Amendments.--Title 10, United States Code, is amended
as follows:
(1)(A) Section 619(d) is amended by adding at the end the following
new paragraph:
``(4) An officer in the grade of first lieutenant or, in the case of
the Navy, lieutenant (junior grade) who is on an approved
all-fully-qualified-officers list under section 624(a)(3) of this
title.''.
(B) Section 14301(c) is amended by adding at the end the following
new paragraph:
``(5) An officer in the grade of first lieutenant or, in the case of
the Navy, lieutenant (junior grade) who is on an approved
all-fully-qualified-officers list under section 14308(b)(4) of this
title.''.
(2)(A) Section 624(d) is amended--
(i) in the second sentence of paragraph (1), by inserting after ``on
the promotion list'' the following: ``(including an approved
all-fully-qualified-officers list, if applicable)''; and
(ii) in the second sentence of paragraph (2), by inserting after
``to such grade, the officer'' the following: ``shall be retained on the
promotion list (including an approved all-fully-qualified-officers list,
if applicable) and''.
(B) Section 14311 is amended--
(i) in subsection (a)(2), by inserting after ``on the promotion
list'' the following: ``(including an approved
all-fully-qualified-officers list, if applicable)''; and
(ii) in subsection (b), by inserting in the second sentence after
``on the promotion list'' the following: ``(including an approved
all-fully-qualified-officers list, if applicable)''.
(3)(A) Section 628(a)(1) is amended by inserting after ``not so
considered,'' the following: ``or the name of a person that should have
been placed on an all-fully-qualified-officers list under section
624(a)(3) of this title was not so placed,''.
(B) Section 14502(a)(1) is amended by inserting after ``because of
administrative error,'' the following: ``or whose name was not placed on
an all-fully-qualified-officers list under section 14308(b)(4) of this
title because of administrative error,''.
(4) Section 1211(e) is amended by inserting after ``a promotion
list,'' the following: ``an approved all-fully-qualified-officers
list,''.
(d) Technical Amendments To Strike Certain DOPMA References to
Regular Officers.--Chapter 36 of such title is amended as follows:
(1) Section 624(c) is amended--
(A) by inserting ``, in the case of officers of the Army, Air Force,
or Marine Corps,'' after ``captain''; and
(B) by inserting ``, in the case of officers of the Navy,'' after
``or lieutenant'' the second place it appears.
(2) Section 630 is amended by striking ``regular'' both places it
appears.
(3) Sections 631(a) and 632(a) are each amended--
(A) by striking ``Regular Army, Regular Air Force, or Regular Marine
Corps'' and inserting ``Army, Air Force, or Marine Corps on the
active-duty list'';
(B) by striking ``Regular Navy'' and inserting ``Navy on the
active-duty list''; and
(C) by striking ``regular'' each place it appears.
(4)(A) The heading of section 630 and the item relating to that
section in the table of sections at the beginning of subchapter III are
each amended by striking the third word.
(B) The heading of section 631 and the item relating to that section
in the table of sections at the beginning of subchapter III are each
amended by striking the eighth word.
(C) The heading of section 632 and the item relating to that section
in the table of sections at the beginning of subchapter III are each
amended by striking the eighth and twenty-first words.
SEC. 506. AUTHORITY TO ADJUST DATE OF RANK OF CERTAIN
PROMOTIONS DELAYED BY REASON OF UNUSUAL CIRCUMSTANCES.
(a) Active Duty Officers.--Subsection 741(d) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4)(A) The Secretary concerned may adjust the date of rank of an
officer appointed under section 624(a) of this title to a higher grade
that is not a general officer or flag officer grade if the appointment
of that officer to that grade is delayed from the date on which (as
determined by the Secretary) it would otherwise have been made by reason
of unusual circumstances (as determined by the Secretary) that cause an
unintended delay in--
``(i) the processing or approval of the report of the selection
board recommending the appointment of that officer to that grade; or
``(ii) the processing or approval of the promotion list established
on the basis of that report.
``(B) The adjusted date of rank applicable to the grade of an officer
under subparagraph (A) shall be consistent--
``(i) with the officer's position on the promotion list for that
grade and competitive category when additional officers in that grade
and competitive category were needed; and
``(ii) with compliance with the applicable authorized strengths for
officers in that grade and competitive category.
``(C) The adjusted date of rank applicable to the grade of an officer
under subparagraph (A) shall be the effective date for--
``(i) the officer's pay and allowances for that grade; and
``(ii) the officer's position on the active-duty list.
``(D) When under subparagraph (A) the Secretary concerned adjusts the
date of rank of an officer in a grade to which the officer was appointed
by and with the advice and consent of the Senate and the adjustment is
to a date before the date of the advice and consent of the Senate to
that appointment, the Secretary shall promptly transmit to the Committee
on Armed Services of the Senate a notification of that adjustment. Any
such notification shall include the name of the officer and a discussion
of the reasons for the adjustment of date of rank.
``(E) Any adjustment in date of rank under this paragraph shall be
made under regulations prescribed by the Secretary of Defense, which
shall apply uniformly among the Army, Navy, Air Force, and Marine
Corps.''.
(b) Reserve Officers.--(1) Section 14308(c) of such title is
amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new paragraph (2):
``(2) The date of rank of an officer appointed to a higher grade
under this section may be adjusted in the same manner as an adjustment
may be made under section 741(d)(4) of this title in the date of rank of
an officer appointed to a higher grade under section 624(a) of this
title. In any use of the authority under the preceding sentence,
subparagraph (C)(ii) of such section shall be applied by substituting
`reserve active-status list' for `active-duty list'.''.
(2) Paragraph (3) of such section, as redesignated by paragraph
(1)(A), is amended by inserting ``provided in paragraph (2) or as
otherwise'' after ``Except as''.
(c) Effective Date.--(1) Paragraph (4) of section 741(d) of title 10,
United States Code, as added by subsection (a), and paragraph (2) of
section 14308(c) of such title, as added by subsection (b), shall apply
with respect to any report of a selection board recommending officers
for promotion to the next higher grade that is submitted to the
Secretary of the military department concerned on or after the date of
the enactment of this Act.
(2) The Secretary of the military department concerned may apply the
applicable paragraph referred to in paragraph (1) in the case of an
appointment of an officer to a higher grade resulting from a report of a
selection board submitted to the Secretary before the date of the
enactment of this Act if the Secretary determines that such appointment
would have been made on an earlier date that is on or after October 1,
2001, and was delayed under the circumstances specified in paragraph (4)
of section 741(d) of title 10, United States Code, as added by
subsection (a).
SEC. 507. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFERMENT
OF MANDATORY RETIREMENT OR SEPARATION.
The text of section 640 of title 10, United States Code, is amended
to read as follows:
``(a) If the Secretary of the military department concerned
determines that the evaluation of the physical condition of an officer
and determination of the officer's entitlement to retirement or
separation for physical disability require hospitalization or medical
observation and that such hospitalization or medical observation cannot
be completed with confidence in a manner consistent with the member's
well being before the date on which the officer would otherwise be
required to retire or be separated under this title, the Secretary may
defer the retirement or separation of the officer under this title.
``(b) A deferral of retirement or separation under subsection (a) may
not extend for more than 30 days after completion of the evaluation
requiring hospitalization or medical observation.''.
SEC. 508. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE DUTY OF
MEMBERS SUBJECT TO MANDATORY RETIREMENT OR SEPARATION.
(a) Section 12305 Stop-Loss Authority.--Section 12305 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c) Upon the termination of a suspension made under the authority
of subsection (a) of a provision of law otherwise requiring the
separation or retirement of officers on active duty because of age,
length of service or length of service in grade, or failure of selection
for promotion, the Secretary concerned shall extend by up to 90 days the
otherwise required separation or retirement date of any officer covered
by the suspended provision whose separation or retirement date, but for
the suspension, would have been before the date of the termination of
the suspension or within 90 days after the date of such termination.''.
(b) Section 123 Stop-Loss Authority.--Section 123 of such title is
amended by adding at the end the following new subsection:
``(d) Upon the termination of a suspension made under the authority
of subsection (a) of a provision of law otherwise requiring the
separation or retirement of officers on active duty because of age,
length of service or length of service in grade, or failure of selection
for promotion, the Secretary concerned shall extend by up to 90 days the
otherwise required separation or retirement date of any officer covered
by the suspended provision whose separation or retirement date, but for
the suspension, would have been before the date of the termination of
the suspension or within 90 days after the date of such termination.''.
SEC. 509. EXEMPTION FROM CERTAIN ADMINISTRATIVE LIMITATIONS
FOR RETIRED OFFICERS ORDERED TO ACTIVE DUTY AS DEFENSE OR SERVICE
ATTACHE AE1S.
(a) Limitation of Period of Recalled Service.--Section 688(e)(2) of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) An officer who is assigned to duty as a defense attache AE1 or
service attache AE1 for the period of active duty to which ordered.''.
(b) Limitation on Number of Recalled Officers on Active
Duty.--Section 690(b)(2) of such title is amended by adding at the end
the following new subparagraph:
``(E) An officer who is assigned to duty as a defense attache AE1 or
service attache AE1 for the period of active duty to which ordered.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply with respect to officers serving on active duty as a defense
attache AE1 or service attache AE1 on or after the date of the enactment
of this Act.
SEC. 510. OFFICER IN CHARGE OF UNITED STATES NAVY BAND.
(a) Detail and Grade.--Section 6221 of title 10, United States Code,
is amended to read as follows:
6221. United States Navy Band; officer in charge
``(a) There is a Navy band known as the United States Navy Band.
``(b)(1) An officer of the Navy designated for limited duty under
section 5589 or 5596 of this title who is serving in a grade above
lieutenant may be detailed by the Secretary of the Navy as Officer in
Charge of the United States Navy Band.
``(2) While serving as Officer in Charge of the United States Navy
Band, an officer shall hold the grade of captain if appointed to that
grade by the President, by and with the advice and consent of the
Senate. Such an appointment may be made notwithstanding section 5596(d)
of this title.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 565 of such title is
amended to read as follows:
``6221. United States Navy Band; officer in charge.''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN RESERVE
OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE YEARS OR LESS.
(a) Clarification of Exemption.--Section 641(1)(D) of title 10,
United States Code, is amended to read as follows:
``(D) on active duty under section 12301(d) of this title, other
than as provided under subparagraph (C), if the call or order to active
duty, under regulations prescribed by the Secretary concerned, specifies
a period of three years or less and continued placement on the reserve
active-status list;''.
(b) Retroactive Application.--(1) The Secretary of the military
department concerned may provide that an officer who was excluded from
the active-duty list under section 641(1)(D) of title 10, United States
Code, as amended by section 521 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 108), shall be considered to have been on
the active-duty list during the period beginning on the date on which
the officer was so excluded and ending on the date of the enactment of
this Act.
(2) The Secretary of the military department concerned may provide
that a Reserve officer who was placed on the active-duty list on or
after October 30, 1997, shall be placed on the reserve active-status
list if the officer otherwise meets the conditions specified in section
641(1)(D) of title 10, United States Code, as amended by subsection (a).
SEC. 512. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR
APPOINTMENT OF RESERVE OFFICERS TO GRADES ABOVE FIRST LIEUTENANT.
(a) Reauthorization of Waiver Authority for Army OCS Graduates and
Inclusion of Certain Marine Officers.--Section 12205 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Waiver Authority for Army OCS Graduates and Certain Marine
Corps Officers.--(1) The Secretary of the Army may waive the
applicability of subsection (a) to any officer whose original
appointment in the Army as a Reserve officer is through the Army Officer
Candidate School program.
``(2) The Secretary of the Navy may waive the applicability of
subsection (a) to any officer whose original appointment in the Marine
Corps as a Reserve officer is through the Marine Corps meritorious
commissioning program.
``(3) Any such waiver shall be made on a case-by-case basis,
considering the individual circumstances of the officer involved, and
may continue in effect for no more than two years after the waiver is
granted. The Secretary concerned may provide for such a waiver to be
effective before the date of the waiver, as appropriate in an individual
case.''.
(b) Effective Date.--Subsection (d) of section 12205 of title 10,
United States Code, as added by subsection (a), shall apply with respect
to officers appointed before, on, or after the date of the enactment of
this Act.
SEC. 513. IMPROVED DISABILITY BENEFITS FOR CERTAIN RESERVE
COMPONENT MEMBERS.
(a) Medical and Dental Care.--Sections 1074a(a)(3) and 1076(a)(2)(C)
of title 10, United States Code, are each amended by striking ``, if
the'' and all that follows through ``member's residence''.
(b) Eligibility for Disability Retirement or Separation.--Sections
1204(2)(B)(iii) and 1206(2)(B)(iii) of title 10, United States Code, are
each amended by striking ``, if the'' and all that follows through
``member's residence''.
(c) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of title 10, United States Code, is amended by striking
``, if the site is outside reasonable commuting distance from the
member's residence''.
(d) Entitlement to Basic Pay.--Subsections (g)(1)(D) and (h)(1)(D) of
section 204 of title 37, United States Code, are amended by striking ``,
if the site is outside reasonable commuting distance from the member's
residence''.
(e) Compensation for Inactive-Duty Training.--Section 206(a)(3)(C) of
title 37, United States Code, is amended by striking ``, if the site is
outside reasonable commuting distance from the member's residence''.
SEC. 514. TIME-IN-GRADE REQUIREMENT FOR RESERVE COMPONENT
OFFICERS RETIRED WITH A NONSERVICE CONNECTED DISABILITY.
Section 1370(d)(3)(B) of title 10, United States Code, is amended to
read as follows:
``(B) A person covered by subparagraph (A) who has completed at least
six months of satisfactory service in grade may be credited with
satisfactory service in the grade in which serving at the time of
transfer or discharge, notwithstanding failure of the person to complete
three years of service in that grade, if that person is transferred from
an active status or discharged as a reserve commissioned officer--
``(i) solely due to the requirements of a nondiscretionary provision
of law requiring that transfer or discharge due to the person's age or
years of service; or
``(ii) because the person no longer meets the qualifications for
membership in the Ready Reserve solely because of a physical disability,
as determined, at a minimum, by a medical evaluation board and at the
time of such transfer or discharge such person (pursuant to section
12731b of this title or otherwise) meets the service requirements
established by section 12731(a) of this title for eligibility for
retired pay under chapter 1223 of this title, unless the disability is
described in section 12731b of this title.''.
SEC. 515. EQUAL TREATMENT OF RESERVES AND FULL-TIME ACTIVE
DUTY MEMBERS FOR PURPOSES OF MANAGING PERSONNEL DEPLOYMENTS.
(a) Residence of Reserves at Home Station.--Paragraph (2) of section
991(b) of title 10, United States Code, is amended to read as follows:
``(2) In the case of a member of a reserve component who is
performing active service pursuant to orders that do not establish a
permanent change of station, the housing referred to in paragraph (1) is
any housing (which may include the member's residence) that the member
usually occupies for use during off-duty time when on garrison duty at
the member's permanent duty station or homeport, as the case may be.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to duty performed on or after October 1, 2001.
SEC. 516. MODIFICATION OF PHYSICAL EXAMINATION REQUIREMENTS
FOR MEMBERS OF THE INDIVIDUAL READY RESERVE.
(a) IRR Requirement.--Section 10206 of title 10, United States Code,
is amended--
(1) in the matter in subsection (a) preceding paragraph (1), by
striking ``Ready Reserve'' and inserting ``Selected Reserve'';
(2) by designating the second sentence of subsection (a) as
subsection (c);
(3) by redesignating subsection (b) as subsection (d); and
(4) by inserting after subsection (a) the following new subsection
(b):
``(b) A member of the Individual Ready Reserve or inactive National
Guard shall be examined for physical fitness as necessary to determine
the member's physical fitness for--
``(1) military duty or promotion;
``(2) attendance at a school of the armed forces; or
``(3) other action related to career progression.''.
(b) Technical Amendment.--Subsection (a)(1) of such section is
amended by striking ``his'' and inserting ``the member's''.
SEC. 517. RETIREMENT OF RESERVE MEMBERS WITHOUT REQUIREMENT
FOR FORMAL APPLICATION OR REQUEST.
(a) Retired Reserve.--Section 10154(2) of title 10, United States
Code, is amended by striking ``upon their request''.
(b) Retirement for Failure of Selection of Promotion.--(1) Paragraph
(2) of section 14513 of such title is amended by striking ``, if the
officer is qualified and applies for such transfer'' and inserting ``if
the officer is qualified for such transfer and does not request (in
accordance with regulations prescribed by the Secretary concerned) not
to be transferred to the Retired Reserve''.
(2)(A) The heading for such section is amended to read as follows:
``14513. Failure of selection for promotion: transfer,
retirement, or discharge''.
(B) The item relating to such section in the table of sections at the
beginning of chapter 1407 of such title is amended to read as follows:
``14513. Failure of selection for promotion: transfer, retirement,
or discharge.''.
(c) Retirement for Years of Service or After Selection for Early
Removal.--Section 14514 of such title is amended--
(1) in paragraph (1), by striking ``, if the officer is qualified
and applies for such transfer'' and inserting ``if the officer is
qualified for such transfer and does not request (in accordance with
regulations prescribed by the Secretary concerned) not to be transferred
to the Retired Reserve''; and
(2) by striking paragraph (2) and inserting the following:
``(2) be discharged from the officer's reserve appointment if the
officer is not qualified for transfer to the Retired Reserve or has
requested (in accordance with regulations prescribed by the Secretary
concerned) not to be so transferred.''.
(d) Retirement for Age.--Section 14515 of such title is amended--
(1) in paragraph (1), by striking ``, if the officer is qualified
and applies for such transfer'' and inserting ``if the officer is
qualified for such transfer and does not request (in accordance with
regulations prescribed by the Secretary concerned) not to be transferred
to the Retired Reserve''; and
(2) by striking paragraph (2) and inserting the following:
``(2) be discharged from the officer's reserve appointment if the
officer is not qualified for transfer to the Retired Reserve or has
requested (in accordance with regulations prescribed by the Secretary
concerned) not to be so transferred.''.
(e) Discharge or Retirement of Warrant Officers for Years of Service
or Age.--(1) Chapter 1207 of such title is amended by adding at the end
the following new section:
``12244. Warrant officers: discharge or retirement for years
of service or for age
``Each reserve warrant officer of the Army, Navy, Air Force, or
Marine Corps who is in an active status and has reached the maximum
years of service or age prescribed by the Secretary concerned shall--
``(1) be transferred to the Retired Reserve if the warrant officer
is qualified for such transfer and does not request (in accordance with
regulations prescribed by the Secretary concerned) not to be transferred
to the Retired Reserve; or
``(2) be discharged if the warrant officer is not qualified for
transfer to the Retired Reserve or has requested (in accordance with
regulations prescribed by the Secretary concerned) not to be so
transferred.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``12244. Warrant officers: discharge or retirement for years of
service or for age.''.
(f) Discharge or Retirement of Enlisted Members for Years of Service
or Age.--(1) Chapter 1203 of such title is amended by adding at the end
the following new section:
``12108. Enlisted members: discharge or retirement for years
of service or for age
``Each reserve enlisted member of the Army, Navy, Air Force, or
Marine Corps who is in an active status and has reached the maximum
years of service or age prescribed by the Secretary concerned shall--
``(1) be transferred to the Retired Reserve if the member is
qualified for such transfer and does not request (in accordance with
regulations prescribed by the Secretary concerned) not to be transferred
to the Retired Reserve; or
``(2) be discharged if the member is not qualified for transfer to
the Retired Reserve or has requested (in accordance with regulations
prescribed by the Secretary concerned) not to be so transferred.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``12108. Enlisted members: discharge or retirement for years of
service or for age.''.
(g) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month that begins more than 180
days after the date of the enactment of this Act.
SEC. 518. SPACE-REQUIRED TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) Correction of Impairment to Authorized Travel With
Allowances.--Subsection (a) of section 18505 of title 10, United States
Code, is amended by striking ``annual training duty or'' each place it
appears.
(b) Conforming Amendments.--The heading for such section, and the
item relating to such section in the table of sections at the beginning
of chapter 1805 of such title, are each amended by striking the fourth,
fifth, sixth, and seventh words.
SEC. 519. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM
PREMIUMS FOR CERTAIN RESERVISTS CALLED TO ACTIVE DUTY IN SUPPORT OF
CONTINGENCY OPERATIONS.
(a) In General.--Subsection (e) of section 8906 of title 5, United
States Code, is amended by adding at the end the following new
paragraph:
``(3)(A) An employing agency may pay both the employee and Government
contributions, and any additional administrative expenses otherwise
chargeable to the employee, with respect to health care coverage for an
employee described in subparagraph (B) and the family of such employee.
``(B) An employee referred to in subparagraph (A) is an employee who--
``(i) is enrolled in a health benefits plan under this chapter;
``(ii) is a member of a reserve component of the armed forces;
``(iii) is called or ordered to active duty in support of a
contingency operation (as defined in section 101(a)(13) of title 10);
``(iv) is placed on leave without pay or separated from service to
perform active duty; and
``(v) serves on active duty for a period of more than 30 consecutive
days.
``(C) Notwithstanding the one-year limitation on coverage described
in paragraph (1)(A), payment may be made under this paragraph for a
period not to exceed 18 months.''.
(b) Conforming Amendment.--The matter preceding paragraph (1) in
subsection (f) of such section is amended to read as follows:
``(f) The Government contribution, and any additional payments under
subsection (e)(3)(A), for health benefits for an employee shall be
paid--''.
(c) Applicability.--The amendments made by this section apply with
respect to employees called to active duty on or after December 8, 1995,
and an agency may make retroactive payments to such employees for
premiums paid on or after such date.
Subtitle C--Joint Specialty Officers and Joint Professional
Military Education
SEC. 521. NOMINATIONS AND PROMOTIONS FOR JOINT SPECIALTY OFFICERS.
(a) Selection of Officers for the Joint Speciality.--Paragraph (2) of
section 661(b) of title 10, United States Code, is amended by striking
``The Secretaries'' and all that follows through ``officers--'' and
inserting ``Each officer on the active-duty list on the date of the
enactment of the National Defense Authorization Act for Fiscal Year 2002
who has not before that date been nominated for the joint specialty by
the Secretary of a military department, and each officer who is placed
on the active-duty list after such date, who meets the requirements of
subsection (c) shall automatically be considered to have been nominated
for the joint specialty. From among those officers considered to be
nominated for the joint specialty, the Secretary may select for the
joint specialty only officers--''.
(b) Promotion Rate for Officers With the Joint Specialty.--Paragraph
(2) of section 662(a) of such title is amended by striking ``promoted at
a rate'' and inserting ``promoted--
``(A) during the three-year period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2002, at a rate not less than the rate for officers of the same armed
force in the same grade and competitive category; and
``(B) after the end of the period specified in subparagraph (A), at
a rate''.
SEC. 522. JOINT DUTY CREDIT.
Paragraph (4) of section 664(i) of title 10, United States Code, is
amended--
(1) in subparagraph (E), by striking ``The'' and inserting ``Except
as provided in subparagraph (F), the''; and
(2) by adding at the end the following new subparagraph:
``(F) Service in a temporary joint task force assignment not
involved in combat or combat-related operations may not be credited for
the purposes of joint duty, unless, and only if--
``(i) the service of the officer and the nature of the joint task
force not only meet all criteria of this section, except subparagraph
(E), but also any additional criteria the Secretary may establish;
``(ii) the Secretary has specifically approved the operation
conducted by the joint task force as one that qualifies for joint
service credit, and notifies Congress upon each approval, providing the
criteria that led to that approval; and
``(iii) the operation is conducted by the joint task force in an
environment where an extremely fragile state of peace and high potential
for hostilities coexist.''.
SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN CERTAIN
JOINT TASK FORCES.
(a) Authority.--In accordance with section 664(i) of title 10, United
States Code, as amended by section 522, the Secretary of Defense may
award joint service credit to any officer who served on the staff of a
United States joint task force headquarters in an operation and during
the period set forth in subsection (b) and who meets the criteria
specified in such section. To determine which officers qualify for such
retroactive credit, the Secretary shall undertake a case-by-case review
of the records of officers.
(b) Eligible Operations.--Service in the following operations, during
the specified periods, may be counted for credit under subsection (a):
(1) Operation Northern Watch, during the period beginning on August
1, 1992, and ending on a date to be determined.
(2) Operation Southern Watch, during the period beginning on August
27, 1992, and ending on a date to be determined.
(3) Operation Able Sentry, during the period beginning on June 26,
1993, and ending on February 28, 1999.
(4) Operation Joint Endeavor, during the period beginning on
December 25, 1995, and ending on December 19, 1996.
(5) Operation Joint Guard, during the period beginning on December
20, 1996, and ending on June 20, 1998.
(6) Operation Desert Thunder, beginning on January 24, 1998, and
ending on December 15, 1998.
(7) Operation Joint Forge, beginning on June 20, 1998, and ending on
June 10, 1999.
(8) Operation Noble Anvil, beginning on March 24, 1999, and ending
on July 20, 1999.
(9) Operation Joint Guardian, beginning on June 11, 1999, and ending
on a date to be determined.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
of the numbers, by service, grade, and operation, of the officers given
joint service credit in accordance with this section.
SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFICER MANAGEMENT.
Section 667 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following new subparagraph:
``(B) The number of officers who meet the criteria for selection for
the joint specialty but were not selected, together with the reasons
why.'';
(2) by amending paragraph (2) to read as follows:
``(2) The number of officers with the joint specialty, shown by
grade and branch or specialty and by education.'';
(3) in paragraph (3)--
(A) in subparagraph (A) and (B), by striking ``nominated'' and
inserting ``selected'';
(B) by inserting ``and'' at the end of subparagraph (D);
(C) by striking subparagraph (E); and
(D) by redesignating subparagraph (F) as subparagraph (E);
(4) in paragraph (4)(A), by striking ``nominated'' and inserting
``selected'';
(5) in paragraph (14)--
(A) by inserting ``(A)'' after ``(14)''; and
(B) by adding at the end the following new subparagraph:
``(B) 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.''; and
(6) in paragraph (16), by striking ``section 664(i)'' in the matter
preceding subparagraph (A) and in subparagraph (B) and inserting
``subparagraphs (E) and (F) of section 664(i)(4)''.
SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPECIALTY BEFORE
PROMOTION TO GENERAL OR FLAG OFFICER GRADE.
(a) Requirement.--Subsection (a) of section 619a of title 10, United
States Code, is amended by striking ``unless'' and all that follows and
inserting ``unless--
``(1) the officer has completed a full tour of duty in a joint duty
assignment (as described in section 664(f) of this title); and
``(2) for appointments after September 30, 2007, the officer has
been selected for the joint specialty in accordance with section 661 of
this title.''.
(b) Waiver Authority.--Subsection (b) of that section is amended by
striking ``may waive subsection (a) in the following circumstances:''
and inserting ``may waive paragraph (1) or paragraph (2) of subsection
(a), or both paragraphs (1) and (2) of subsection (a), in the following
circumstances:''.
(c) Proposed Legislative Changes.--Not later than December 1, 2002,
the Secretary of Defense shall submit to Congress a draft proposal for
such legislative changes as the Secretary considers needed to implement
the amendment made by subsections (a) and (b).
SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MANAGEMENT AND
JOINT PROFESSIONAL MILITARY EDUCATION REFORMS.
(a) Study.--The Secretary of Defense shall provide for an independent
study of the joint officer management system and the joint professional
military education system. The Secretary shall ensure that the entity
conducting the study is provided such information and support as
required. The Secretary shall include in the contract for the study a
requirement that the entity conducting the study submit a report to
Congress on the study not later than one year after the date of the
enactment of this Act.
(b) Matters To Be Included With Respect to Joint Officer
Management.--With respect to the joint officer management system, the
entity conducting the independent study shall provide for the following:
(1) Assessment of implications for joint officer education,
development, and management that would result from proposed joint
organizational operational concepts (such as standing joint task forces)
and from emerging officer management and personnel reforms (such as
longer careers and more stabilization), that are under consideration by
the Secretary of Defense.
(2) Assessment of the effectiveness of the current joint officer
management system to develop and use joint specialty qualified officers
in meeting both current and future requirements for joint specialty
officers.
(3) Recommendations, based on empirical and other data, to improve
the effectiveness of the joint officer management system, especially
with regard to the following:
(A) The proper mix and sequencing of education assignments and
experience assignments (to include, with respect to both types of
assignments, consideration of the type and quality, and the length, of
such assignments) to qualify an officer as a joint specialty officer, as
well as the implications of adopting a variable joint duty tour length
and the advisability and implications of a system of qualifying officers
as joint specialty officers that uses multiple shorter qualification
tracks to selection as a joint specialty officer than are now codified.
(B) The system of using joint specialty officers, including the
continued utility of such measures as--
(i) the required fill of positions on the joint duty assignment
list, as specified in paragraphs (1) and (4) of section 661(d) of title
10, United States Code;
(ii) the fill by such officers of a required number of critical
billets, as prescribed by section 661(d)(2) of such title;
(iii) the mandated fill by general and flag officers of a minimum
number of critical billets, as prescribed by section 661(d)(3) of such
title; and
(iv) current promotion policy objectives for officers with the joint
specialty, officers serving on the Joint Staff, and officers serving in
joint duty assignment list positions, as prescribed by section 662 of
such title.
(C) Changes in policy and law required to provide officers the
required joint specialty qualification before promotion to general or
flag officer grade.
(D) A determination of the number of reserve component officers who
would be qualified for designation as a joint specialty officer by
reason of experience or education if the standards of existing law,
including waiver authorities, were applied to them, and recommendations
for a process for qualifying and employing future reserve component
officers as joint specialty officers.
(c) Matters To Be Included With Respect to Joint Professional
Military Education.--With respect to the joint professional military
education system, the entity conducting the independent study shall
provide for the following:
(1) The number of officers who under the current system (A)
qualified as joint specialty officers by attending joint professional
military education programs before their first joint duty assignment,
(B) qualified as joint specialty officers after arriving at their first
joint duty assignment but before completing that assignment, and (C)
qualified as joint specialty officers without any joint professional
military education.
(2) Recommended initiatives (include changes in officer personnel
management law, if necessary) to provide incentives and otherwise
facilitate attendance at joint professional military education programs
before an officer's first joint duty assignment.
(3) Recommended goals for attendance at the Joint Forces Staff
College en route to a first joint duty assignment.
(4) An assessment of the continuing utility of statutory
requirements for use of officers following joint professional military
education, as prescribed by section 662(d) of title 10, United States
Code.
(5) Determination of whether joint professional military education
programs should remain principally an in-resident, multi-service
experience and what role non-resident or distributive learning can or
should play in future joint professional military education programs.
(6) Examination of options for the length of and increased capacity
at Joint Forces Staff College, and whether other in-resident joint
professional military education sources should be opened, and if opened,
how they might be properly accredited and overseen to provide
instruction at the level of the program designated as ``joint
professional military education''.
(d) Chairman of Joint Chiefs of Staff.--With respect to the roles of
the Secretary of Defense and the Chairman of the Joint Chiefs of Staff,
the entity conducting the independent study shall--
(1) provide for an evaluation of the current roles of the Secretary
of Defense, the Chairman of the Joint Chiefs of Staff, and joint staff
in law, policy, and implementation with regard to establishing and
maintaining oversight of joint officer management, career guidelines,
and joint professional military education; and
(2) make recommendations to improve and strengthen those roles.
(e) Requirements for Study Entity.--In providing for the independent
study required by subsection (a), the Secretary of Defense shall ensure
that the entity conducting the study--
(1) is not a Department of Defense organization; and
(2) shall, at a minimum, involve in the study, in an integral way,
the following persons:
(A) The Chairman of the Joint Chiefs of Staff and available former
Chairmen of the Joint Chiefs of Staff.
(B) Members and former members of the Joint Staff, the Armed Forces,
the Congress, and congressional staff who are or who have been
significantly involved in the development, implementation, or
modification of joint officer management and joint professional military
education.
(C) Experts in joint officer management and education from civilian
academic and research centers.
SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION.
(a) Executive Agent for Funding.--(1) Effective beginning with fiscal
year 2003, the Secretary of Defense shall be the executive agent for
funding professional development education operations of all components
of the National Defense University, including the Joint Forces Staff
College. The Secretary may not delegate the Secretary's functions and
responsibilities under the preceding sentence to the Secretary of a
military department.
(2) Nothing in this subsection affects policies in effect on the date
of the enactment of this Act with respect to--
(A) the reporting of the President of the National Defense
University to the Chairman of the Joint Chiefs of Staff; or
(B) provision of logistical and base operations support for
components of the National Defense University by the military
departments.
(b) Preparation of Budget Requests.--Section 2162(b) 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) As executive agent for funding professional development
education at the National Defense University, including the Joint Forces
Staff College, the Secretary of Defense, with the advice of the Chairman
of the Joint Chiefs of Staff, shall prepare the annual budget for
professional development education operations at the National Defense
University and set forth that request as a separate budget request in
the materials submitted to Congress in support of the budget request for
the Department of Defense. Nothing in the preceding sentence affects
policies in effect on the date of the enactment of this paragraph with
respect to budgeting for the funding of logistical and base operations
support for components of the National Defense University through the
military departments.''.
(c) Funding Source.--(1) Section 2165 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(d) Source of Funds for Professional Development Education
Operations.--Funding for the professional development education
operations of the National Defense University shall be provided from
funds made available to the Secretary of Defense from the annual
appropriation `Operation and Maintenance, Defense-wide'.''.
(2) Subsection (d) of section 2165 of title 10, United States Code,
as added by paragraph (1), shall become effective beginning with fiscal
year 2003.
SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY TO ENROLL
CERTAIN PRIVATE SECTOR CIVILIANS.
(a) In General.--(1) Chapter 108 of title 10, United States Code, is
amended by adding at the end the following new section:
``2167. National Defense University: admission of private
sector civilians to professional military education program
``(a) Authority for Admission.--The Secretary of Defense may permit
eligible private sector employees who work in organizations relevant to
national security to receive instruction at the National Defense
University in accordance with this section. No more than the equivalent
of 10 full-time student positions may be filled at any one time by
private sector employees enrolled under this section. Upon successful
completion of the course of instruction in which enrolled, any such
private sector employee may be awarded an appropriate diploma or degree
under section 2165 of this title.
``(b) Eligible Private Sector Employees.--For purposes of this
section, an eligible private sector employee is an individual employed
by a private firm that is engaged in providing to the Department of
Defense or other Government departments or agencies significant and
substantial defense-related systems, products, or services or whose work
product is relevant to national security policy or strategy. A private
sector employee admitted for instruction at the National Defense
University remains eligible for such instruction only so long as that
person remains employed by the same firm.
``(c) Annual Certification by Secretary of Defense.--Private sector
employees may receive instruction at the National Defense University
during any academic year only if, before the start of that academic
year, the Secretary of Defense determines, and certifies to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, that providing instruction to
private sector employees under this section during that year will
further national security interests of the United States.
``(d) Program Requirements.--The Secretary of Defense shall ensure
that--
``(1) the curriculum for the professional military education program
in which private sector employees may be enrolled under this section is
not readily available through other schools and concentrates on national
security relevant issues; and
``(2) the course offerings at the National Defense University
continue to be determined solely by the needs of the Department of
Defense.
``(e) Tuition.--The President of the National Defense University
shall charge students enrolled under this section a rate--
``(1) that is at least the rate charged for employees of the United
States outside the Department of Defense, less infrastructure costs, and
``(2) that considers the value to the school and course of the
private sector student.
``(f) Standards of Conduct.--While receiving instruction at the
National Defense University, students enrolled under this section, to
the extent practicable, are subject to the same regulations governing
academic performance, attendance, norms of behavior, and enrollment as
apply to Government civilian employees receiving instruction at the
university.
``(g) Use of Funds.--Amounts received by the National Defense
University for instruction of students enrolled under this section shall
be retained by the university to defray the costs of such instruction.
The source, and the disposition, of such funds shall be specifically
identified in records of the university.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``2167. National Defense University: admission of private sector
civilians to professional military education program.''.
(b) Effective Date.--Section 2167 of title 10, United States Code, as
added by subsection (a), shall take effect on January 1, 2002.
SEC. 529. CONTINUATION OF RESERVE COMPONENT PROFESSIONAL
MILITARY EDUCATION TEST.
(a) Continuation of Concept Validation Test.--During fiscal year
2002, the Secretary of Defense shall continue the concept validation
test of Reserve component joint professional military education that was
begun in fiscal year 2001 at the National Defense University.
(b) Pilot Program.--If the Secretary of Defense determines that the
results of the concept validation test referred to in subsection (a)
warrant conducting a pilot program of the concept that was the subject
of the test, the Secretary shall conduct such a pilot program during
fiscal year 2003.
(c) Funding.--The Secretary shall provide funds for the concept
validation test under subsection (a) and for any pilot program under
subsection (b) from funds appropriated to the Secretary of Defense in
addition those appropriated for operations of the National Defense
University.
Subtitle D--Military Education and Training
SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority To Confer Associate of Arts Degree.--Chapter 108 of
title 10, United States Code, is amended by adding after section 2167,
as added by section 528(a)(1), the following new section:
``2168. Defense Language Institute Foreign Language Center:
degree of Associate of Arts in foreign language
``(a) Subject to subsection (b), the Commandant of the Defense
Language Institute may confer an Associate of Arts degree in a foreign
language upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree.
``(b) A degree may be conferred upon a student under this section
only if the Provost of the Center certifies to the Commandant that the
student has satisfied all the requirements prescribed for the degree.
``(c) The authority provided by subsection (a) shall be exercised
under regulations prescribed by the Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
2167, as added by section 528(a)(2), the following new item:
``2168. Defense Language Institute Foreign Language Center: degree
of Associate of Arts in foreign language.''.
SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD
DEGREE OF MASTER OF STRATEGIC STUDIES.
(a) Marine Corps War College Degree.--Section 7102 of title 10,
United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection
(b):
``(b) Marine Corps War College.--Upon the recommendation of the
Director and faculty of the Marine Corps War College of the Marine Corps
University, the President of the Marine Corps University may confer the
degree of master of strategic studies upon graduates of the Marine Corps
War College who fulfill the requirements for that degree.''.
(b) Conforming Amendments.--(1) Subsection (a) of such section is
amended by striking ``upon graduates'' and all that follows and
inserting ``upon graduates of the Command and Staff College who fulfill
the requirements for that degree.''.
(2) Subsection (c) of such section, as redesignated by subsection
(a)(1), is amended by striking ``subsection (a)'' and inserting
``subsections (a) and (b)''.
(3)(A) The heading of such section is amended to read as follows:
``7102. Marine Corps University: masters degrees; board of advisors''.
(B) The item relating to such section in the table of sections at the
beginning of chapter 609 of such title is amended to read as follows:
``7102. Marine Corps University: masters degrees; board of advisors.''.
(c) Codification of Requirement for Board of Advisors.--(1) Section
7102 of title 10, United States Code, as amended by subsections (a) and
(b), is further amended by adding at the end the following new
subsection:
``(d) Board of Advisors.--The Secretary of the Navy shall establish a
board of advisors for the Marine Corps University. The Secretary shall
ensure that the board is established so as to meet all requirements of
the appropriate regional accrediting association.''.
(2) Section 912 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103 337; 10 U.S.C. 7102 note) is repealed.
(d) Effective Date.--The authority to confer the degree of master of
strategic studies under section 7102(b) of title 10, United States Code
(as added by subsection (a)) may not be exercised until the Secretary of
Education determines, and certifies to the President of the Marine Corps
University, that the requirements established by the Marine Corps War
College of the Marine Corps University for that degree are in accordance
with generally applicable requirements for a degree of master of arts.
Upon receipt of such a certification, the President of the University
shall promptly transmit a copy of the certification to the Committee on
Armed Services of the Senate and Committee on Armed Services of the
House of Representatives.
SEC. 533. FOREIGN STUDENTS ATTENDING THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Subsection (a)(1) of section
4344 of title 10, United States Code, is amended by striking ``not more
than 40 persons'' and inserting ``not more than 60 persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver of
reimbursement is granted by the Secretary of Defense'' in the first
sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in part, the
requirement for reimbursement of the cost of instruction for a cadet
under paragraph (2). In the case of a partial waiver, the Secretary
shall establish the amount waived.''.
(3) The amendments made by paragraph (2) shall not apply with respect
to any person who entered the United States Military Academy to receive
instruction under section 4344 of title 10, United States Code, before
the date of the enactment of this Act.
(b) United States Naval Academy.--(1) Subsection (a)(1) of section
6957 of such title is amended by striking ``not more than 40 persons''
and inserting ``not more than 60 persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver of
reimbursement is granted by the Secretary of Defense'' in the first
sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in part, the
requirement for reimbursement of the cost of instruction for a
midshipman under paragraph (2). In the case of a partial waiver, the
Secretary shall establish the amount waived.''.
(3) The amendments made by paragraph (2) shall not apply with respect
to any person who entered the United States Naval Academy to receive
instruction under section 6957 of title 10, United States Code, before
the date of the enactment of this Act.
(c) United States Air Force Academy.--(1) Subsection (a)(1) of
section 9344 of such title is amended by striking ``not more than 40
persons'' and inserting ``not more than 60 persons''.
(2) Subsection (b) of such section is amended--
(A) in paragraph (2), by striking ``unless a written waiver of
reimbursement is granted by the Secretary of Defense'' in the first
sentence; and
(B) by striking paragraph (3) and inserting the following:
``(3) The Secretary of Defense may waive, in whole or in part, the
requirement for reimbursement of the cost of instruction for a cadet
under paragraph (2). In the case of a partial waiver, the Secretary
shall establish the amount waived.''.
(3) The amendments made by paragraph (2) shall not apply with respect
to any person who entered the United States Air Force Academy to receive
instruction under section 9344 of title 10, United States Code, before
the date of the enactment of this Act.
(d) Effective Date.--The amendments made by this section shall not
apply with respect to any academic year that began before the date of
the enactment of this Act.
SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT AS A CADET
OR MIDSHIPMAN IN SENIOR RESERVE OFFICERS' TRAINING CORPS SCHOLARSHIP
PROGRAMS.
(a) General ROTC Scholarship Program.--Section 2107(a) of title 10,
United States Code, is amended--
(1) by striking ``27 years of age on June 30'' and inserting ``31
years of age on December 31''; and
(2) by striking ``, except that'' and all that follows through ``on
such date'' the second place it appears.
(b) Army Reserve and Army National Guard ROTC Scholarship
Program.--Section 2107a(a)(1) of such title is amended--
(1) by striking ``27 years of age on June 30'' and inserting ``31
years of age on December 31''; and
(2) by striking ``, except that'' and all that follows through ``on
such date'' the second place it appears.
SEC. 535. PARTICIPATION OF REGULAR ENLISTED MEMBERS OF THE
ARMED FORCES IN SENIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM.
(a) Eligibility.--Section 2104(b)(3) of title 10, United States Code,
is amended by striking ``a reserve component of''.
(b) Pay Rate While on Field Training or Practice Cruise.--Section
209(c) of title 37, United States Code, is amended by inserting before
the period at the end the following: ``, except that the rate for a
cadet or midshipmen who is a member of the regular component of an armed
force shall be the rate of basic pay applicable to the member under
section 203 of this title''.
SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGATION OF
CERTAIN ROTC CADETS IN MILITARY JUNIOR COLLEGES RECEIVING FINANCIAL
ASSISTANCE.
(a) Authority To Modify Agreements.--Subsection (b) of section 2107a
of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as
subparagraphs (A), (B), (C), (D), (E), and (F), respectively;
(3) by designating the sentence following subparagraph (F), as so
redesignated, as paragraph (2); and
(4) by adding at the end the following new paragraph:
``(3) In the case of a cadet under this section at a military junior
college, the Secretary may, at any time and with the consent of the
cadet concerned, modify an agreement described in paragraph (1)(F)
submitted by the cadet to reduce or eliminate the troop program unit
service obligation specified in the agreement and to establish, in lieu
of that obligation, an active duty service obligation. Such a
modification may be made only if the Secretary determines that it is in
the best interests of the United States to do so.''.
(b) Retroactive Application.--The authority of the Secretary of
Defense under paragraph (3) of section 2107a(b) of title 10, United
States Code, as added by subsection (a), may be exercised with regard to
any agreement described in paragraph (1)(F) of such section (including
agreements related to participation in the Advanced Course of the Army
Reserve Officers' Training Corps at a military college or civilian
institution) that was entered into during the period beginning on
January 1, 1991, and ending on July 12, 2000 (in addition to any
agreement described in that paragraph that is entered into on or after
the date of the enactment of this Act).
(c) Technical Amendment.--Subsection (h) of such section is amended
by striking ``military college'' in the second sentence and inserting
``military junior college''.
SEC. 537. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS UNITS.
Section 2031(a)(1) of title 10, United States Code, is amended by
striking the second sentence.
SEC. 538. MODIFICATION OF NURSE OFFICER CANDIDATE ACCESSION
PROGRAM RESTRICTION ON STUDENTS ATTENDING EDUCATIONAL INSTITUTIONS WITH
SENIOR RESERVE OFFICERS' TRAINING PROGRAMS.
Section 2130a of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``that does not have a Senior
Reserve Officers' Training Program established under section 2102 of
this title''; and
(2) in subsection (b)(1), by inserting before the semicolon at the
end ``or that has a Senior Reserve Officers' Training Program for which
the student is ineligible''.
SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM EXPANSION.
(a) Purpose of Program.--Subsection (a) of section 16201 of title 10,
United States Code, is amended--
(1) by striking ``specialties critically needed in wartime'';
(2) by striking ``training in such specialties'' and inserting
``training that leads to a degree in medicine or dentistry or training
in a health professions specialty that is critically needed in
wartime''; and
(3) by striking ``training in certain health care specialties'' and
inserting ``health care education and training''.
(b) Medical and Dental Student Stipend.--Such section is further
amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(2) by inserting after subsection (a) the following new subsection
(b):
``(b) Medical and Dental School Students.--(1) Under the stipend
program under this chapter, the Secretary of the military department
concerned may enter into an agreement with a person who--
``(A) is eligible to be appointed as an officer in a reserve
component;
``(B) is enrolled or has been accepted for enrollment in an
institution in a course of study that results in a degree in medicine or
dentistry;
``(C) signs an agreement that, unless sooner separated, the person
will--
``(i) complete the educational phase of the program;
``(ii) accept a reappointment or redesignation within the person's
reserve component, if tendered, based upon the person's health
profession, following satisfactory completion of the educational and
intern programs; and
``(iii) participate in a residency program; and
``(D) if required by regulations prescribed by the Secretary of
Defense, agrees to apply for, if eligible, and accept, if offered,
residency training in a health profession skill which has been
designated by the Secretary of Defense as a critically needed wartime
skill.
``(2) Under the agreement--
``(A) the Secretary of the military department concerned shall agree
to pay the participant a stipend, in the amount determined under
subsection (f), for the period or the remainder of the period that the
student is satisfactorily progressing toward a degree in medicine or
dentistry while enrolled in an accredited medical or dental school;
``(B) the participant shall not be eligible to receive such stipend
before appointment, designation, or assignment as an officer for service
in the Ready Reserve;
``(C) the participant shall be subject to such active duty
requirements as may be specified in the agreement and to active duty in
time of war or national emergency as provided by law for members of the
Ready Reserve; and
``(D) the participant shall agree to serve in the Selected Reserve,
upon successful completion of the program, for the period of service
applicable under paragraph (3).
``(3)(A) Subject to subparagraph (B), the period for which a
participant is required to serve in the Selected Reserve under the
agreement pursuant to paragraph (2)(D) shall be one year for each period
of six months, or part thereof, for which the participant is provided a
stipend pursuant to the agreement.
``(B) In the case of a participant who enters into a subsequent
agreement under subsection (c) and successfully completes residency
training in a specialty designated by the Secretary of Defense as a
specialty critically needed by the military department in wartime, the
requirement to serve in the Selected Reserve may be reduced to one year
for each year, or part thereof, for which the stipend was provided while
enrolled in medical or dental school.''.
(c) Wartime Critical Skills .--Subsection (c) of such section (as
redesignated by subsection (b)(1)) is amended--
(1) by inserting `` Wartime'' after `` Critical'' in the heading; and
(2) by inserting ``or has been appointed as a medical or dental
officer in the Reserve of the armed force concerned'' in paragraph
(1)(B) before the semicolon at the end.
(d) Service Obligation Requirement.--Paragraph (2)(D) of subsection
(c) of such section (as redesignated by subsection (b)(1)) and paragraph
(2)(D) of subsection (d) of such section (as so redesignated) are
amended by striking ``two years in the Ready Reserve for each year,''
and inserting ``one year in the Ready Reserve for each six months,''.
(e) Cross-Reference.--Paragraph (2)(A) of subsection (c) of such
section (as redesignated by subsection (b)(1)) and paragraph (2)(A) of
subsection (d) of such section (as so redesignated) are amended by
striking ``subsection (e)'' and inserting ``subsection (f)''.
SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS OF
CADETS AT THE UNITED STATES MILITARY ACADEMY.
(a) Authority.--The second sentence of section 4337 of title 10,
United States Code, is amended by striking ``the same allowances'' and
all that follows through ``captain'' and inserting ``a monthly housing
allowance in the same amount as the basic allowance for housing allowed
to a lieutenant colonel''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the first day of the first month beginning on or after the
date of the enactment of this Act.
Subtitle E--Recruiting and Accession Programs
SEC. 541. 18-MONTH ENLISTMENT PILOT PROGRAM.
(a) In General.--(1) Chapter 333 of title 10, United States Code, is
amended by adding at the end the following new section:
``3264. 18-month enlistment pilot program
``(a) During the pilot program period, the Secretary of the Army
shall carry out a pilot program with the objective of increasing
participation of prior service persons in the Selected Reserve and
providing assistance in building the pool of participants in the
Individual Ready Reserve.
``(b) Under the program, the Secretary may, notwithstanding section
505(c) of this title, accept persons for original enlistment in the Army
for a term of enlistment consisting of 18 months service on active duty,
to be followed by three years of service in the Selected Reserve and
then service in the Individual Ready Reserve to complete the military
service obligation.
``(c) Under regulations and conditions established by the Secretary
of the Army, a member enlisting under this section may, at the end of
the 18-month period of service on active duty under that enlistment, be
permitted to reenlist for continued service on active duty in lieu of
the service in the Selected Reserve and the Individual Ready Reserve
otherwise required under the terms of the member's enlistment.
``(d) No more than 10,000 persons may be accepted for enlistment in
the Army through the program under this section.
``(e) A person enlisting in the Army through the program under this
section is eligible for an enlistment bonus under section 309 of title
37, notwithstanding the enlistment time period specified in subsection
(a) of that section.
``(f) For purposes of this section, the pilot program period is the
period beginning on the date selected by the Secretary of the Army for
the commencement of the pilot program, which date shall be not later
than October 1, 2003, and ending on December 31, 2007.
``(g) Not later than December 31, 2007, and December 31, 2012, the
Secretary of the Army shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the program under this section. In each such
report, the Secretary shall set forth the views of the Secretary on the
success of the program in meeting the objectives stated in subsection
(a) and whether the program should be continued and, if so, whether it
should be modified or expanded.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``3264. 18-month enlistment pilot program.''.
(b) Implementation Report.--The Secretary of the Army shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the Secretary's
plan for implementation of section 3264 of title 10, United States Code,
as added by subsection (a). Such report shall be submitted not later
than March 1, 2002.
SEC. 542. IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST PROGRAM.
(a) Increased Maximum Period of Delayed Entry.--Section 573 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106
65; 113 Stat. 623; 10 U.S.C. 513 note) is amended--
(1) in subsection (b)--
(A) by striking the matter preceding paragraph (1) and inserting the
following:
``(b) Delayed Entry With Allowance for Higher Education.--Under the
pilot program, the Secretary may--
``(1) exercise the authority under section 513 of title 10, United
States Code--'';
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively, and realigning those subparagraphs four ems from the
left margin;
(C) at the end of subparagraph (A), as so redesignated, by inserting
``and'' after the semicolon; and
(D) in subparagraph (B), as so redesignated, by striking ``two years
after the date of such enlistment as a Reserve under paragraph (1)'' and
inserting ``the maximum period of delay determined for that person under
subsection (c)''; and
(2) in subsection (c)--
(A) by striking ``paragraph (2)'' and inserting ``paragraph (1)(B)'';
(B) by striking ``two-year period'' and inserting ``30-month
period''; and
(C) by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''.
(b) Allowance Eligibility and Amount.--(1) Such section is further
amended--
(A) in subsection (b), by striking paragraph (3) and inserting the
following:
``(2) subject to paragraph (2) of subsection (d) and except as
provided in paragraph (3) of that subsection, pay an allowance to a
person accepted for enlistment under paragraph (1)(A) for each month of
the period during which that person is enrolled in and pursuing a
program described in paragraph (1)(B)''; and
(B) in subsection (d)--
(i) by redesignating paragraph (2) as paragraph (4);
(ii) by striking paragraph (1) and inserting the following new
paragraphs:
``(1) The monthly allowance paid under subsection (b)(2) shall be
equal to the amount of the subsistence allowance provided for certain
members of the Senior Reserve Officers' Training Corps with the
corresponding number of years of participation under section 209(a) of
title 37, United States Code.
``(2) An allowance may not be paid to a person under this section for
more than 24 months.
``(3) A member of the Selected Reserve of a reserve component may be
paid an allowance under this section only for months during which the
member performs satisfactorily as a member of a unit of the reserve
component that trains as prescribed in section 10147(a)(1) of title 10,
United States Code, or section 502(a) of title 32, United States Code.
Satisfactory performance shall be determined under regulations
prescribed by the Secretary.''.
(2) The heading for such subsection is amended by striking `` Amount
of''.
(c) Ineligibility for Loan Repayments; Recoupment.--Such section is
further amended--
(1) by redesignating subsections (e), (f), and (g) as subsections
(g), (h), and (i), respectively; and
(2) by inserting after subsection (d) the following new subsections:
``(e) Ineligibility for Loan Repayments.--A person who has received
an allowance under this section is not eligible for any benefits under
chapter 109 of title 10, United States Code.
``(f) Recoupment of Allowance.--(1) A person who, after receiving an
allowance under this section, fails to complete the total period of
service required of that person in connection with delayed entry
authorized for the person under section 513 of title 10, United States
Code, shall repay the United States the amount which bears the same
ratio to the total amount of that allowance paid to the person as the
unserved part of the total required period of service bears to the total
period.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge of a person in bankruptcy under title 11, United
States Code, that is entered less than five years after the date on
which the person was, or was to be, enlisted in the regular Army
pursuant to the delayed entry authority under section 513 of title 10,
United States Code, does not discharge that person from a debt arising
under paragraph (1).
``(4) The Secretary of the Army may waive, in whole or in part, a
debt arising under paragraph (1) in any case for which the Secretary
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.''.
(d) Effective Date.--The amendments made by this section shall apply
with respect to persons who, on or after the date of the enactment of
this Act, are enlisted as described in subsection (a) of section 513 of
title 10, United States Code, with delayed entry authorized under that
section.
SEC. 543. CORRECTION AND EXTENSION OF CERTAIN ARMY RECRUITING
PILOT PROGRAM AUTHORITIES.
(a) Contract Recruiting Initiatives.--Subsection (d)(2) of section
561 of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106 398; 114 Stat. 1654A
130) is amended--
(1) in subparagraphs (A) and (D), by inserting ``and Army Reserve''
after ``Regular Army''; and
(2) in subparagraph (B), by striking ``and chain of command''.
(b) Extension of Authority.--Subsection (e) of such section is
amended by striking ``December 31, 2005'' and inserting ``September 30,
2007''.
(c) Extension of Time for Reports.--Subsection (g) of such section is
amended by striking ``February 1, 2006'' and inserting ``February 1,
2008''.
SEC. 544. MILITARY RECRUITER ACCESS TO SECONDARY SCHOOL STUDENTS.
(a) Access to Secondary Schools.--Paragraph (1) of section 503(c) of
title 10, United States Code, is amended to read as follows:
``(c) Access to Secondary Schools.--(1)(A) Each local educational
agency receiving assistance under the Elementary and Secondary Education
Act of 1965--
``(i) shall provide to military recruiters the same access to
secondary school students as is provided generally to postsecondary
educational institutions or to prospective employers of those students;
and
``(ii) shall, upon a request made by military recruiters for
military recruiting purposes, provide access to secondary school student
names, addresses, and telephone listings, notwithstanding section
444(a)(5)(B) of the General Education Provisions Act (20 U.S.C.
1232g(a)(5)(B)).
``(B) A local educational agency may not release a student's name,
address, and telephone listing under subparagraph (A)(ii) without the
prior written consent of a parent of the student if the student, or a
parent of the student, has submitted a request to the local educational
agency that the student's information not be released for a purpose
covered by that subparagraph without prior written parental consent.
Each local education agency shall notify parents of the rights provided
under the preceding sentence.''.
(b) Effective Date.--The amendment made by subsections (a) shall take
effect on July 1, 2002, immediately after the amendment to section
503(c) of title 10, United States Code, made, effective that date, by
section 563(a) of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 131).
(c) Notification.--The Secretary of Education shall provide to local
educational agencies notice of the provisions of subsection (c) of
section 503 of title 10, United States Code, as in effect upon the
amendments made by subsection (a). Such notice shall be provided not
later than 120 days after the date of the enactment of this Act and
shall be provided in consultation with the Secretary of Defense.
SEC. 545. PERMANENT AUTHORITY FOR USE OF MILITARY RECRUITING
FUNDS FOR CERTAIN EXPENSES AT DEPARTMENT OF DEFENSE RECRUITING
FUNCTIONS.
(a) Repeal of Termination Provision.--Section 520c of title 10,
United States Code, is amended by striking subsection (c).
(b) Technical Amendments.--Subsection (a) of such section is
amended--
(1) in paragraph (4), by striking ``recruiting events'' and
inserting ``recruiting functions''; and
(2) in paragraph (5), by striking ``recruiting efforts'' the first
place it appears and inserting ``recruiting functions''.
SEC. 546. REPORT ON HEALTH AND DISABILITY BENEFITS FOR
PRE-ACCESSION TRAINING AND EDUCATION PROGRAMS.
(a) Study.--The Secretary of Defense shall conduct a review of the
health and disability benefit programs available to recruits and officer
candidates engaged in training, education, or other types of programs
while not yet on active duty and to cadets and midshipmen attending the
service academies. The review shall be conducted with the participation
of the Secretaries of the military departments.
(b) Report.--Not later than March 1, 2002, the Secretary shall submit
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the findings
of the review. The report shall include the following with respect to
persons described in subsection (a):
(1) A statement of the process and detailed procedures followed by
each of the Armed Forces under the jurisdiction of the Secretary of a
military department to provide health care and disability benefits to
all such persons injured in training, education, or other types of
programs conducted by the Secretary of a military department.
(2) Information on the total number of cases of such persons
requiring health care and disability benefits and the total number of
cases and average value of health care and disability benefits provided
under the authority for each source of benefits available to those
persons.
(3) A discussion of the issues regarding health and disability
benefits for such persons that are encountered by the Secretary during
the review, to include discussions with individuals who have received
those benefits.
(4) A statement of the processes and detailed procedures followed by
each of the Armed Forces under the jurisdiction of the Secretary of a
military department to provide recruits and officer candidates with
succinct information on the eligibility requirements (including
information on when they become eligible) for health care benefits under
the Defense health care program, and the nature and availability of the
benefits under the program.
(5) A discussion of the necessity for legislative changes and
specific legislative proposals needed to improve the benefits provided
those persons.
(6) An analysis of health and disability benefits under laws
administered by the Department of Veterans Affairs and the Department of
Labor for which those persons become eligible upon being injured in
training or education and a discussion of how those benefits compare to
the benefits those persons would received if retired for physical
disability by the Department of Defense.
Subtitle F--Decorations, Awards, and Posthumous Commissions
SEC. 551. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO HUMBERT
R. VERSACE, JON E. SWANSON, AND BEN L. SALOMON FOR VALOR.
(a) Waiver of Time Limitations.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or any other
time limitation with respect to the awarding of certain medals to
persons who served in the military service, the President may award the
Medal of Honor under section 3741 of that title to any of the persons
named in subsections (b), (c), and (d) for the acts of valor referred to
in those respective subsections.
(b) Humbert R. Versace.--Subsection (a) applies with respect to
Humbert R. Versace, for conspicuous acts of gallantry and intrepidity at
the risk of his life and beyond the call of duty between October 29,
1963, and September 26, 1965, while interned as a prisoner of war by the
Vietnamese Communist National Liberation Front (Viet Cong) in the
Republic of Vietnam.
(c) Jon E. Swanson.--Subsection (a) applies with respect to Jon E.
Swanson, for conspicuous acts of gallantry and intrepidity at the risk
of his life and beyond the call of duty on February 26, 1971, while
piloting a Scout helicopter on a close-support reconnaissance mission in
support of the Army of the Republic of Vietnam Task Force 333 in the
Kingdom of Cambodia.
(d) Ben L. Salomon.--Subsection (a) applies with respect to Ben L.
Salomon, for conspicuous acts of gallantry and intrepidity at the risk
of his life and beyond the call of duty on July 7, 1944, while defending
the soldiers under his care as the Surgeon, 2d Battalion, 105th Infantry
Regiment, 27th Infantry Division against an overwhelming enemy force at
Saipan, Marianas Islands.
SEC. 552. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN
JEWISH AMERICAN AND HISPANIC AMERICAN WAR VETERANS.
(a) Review Required.--The Secretary of each military department shall
review the service records of each Jewish American war veteran or
Hispanic American war veteran described in subsection (b) to determine
whether that veteran should be awarded the Medal of Honor.
(b) Covered Jewish American War Veterans and Hispanic American War
Veterans.--The Jewish American war veterans and Hispanic American war
veterans whose service records are to be reviewed under subsection (a)
are the following:
(1) Any Jewish American war veteran or Hispanic American war veteran
who was awarded the Distinguished Service Cross, the Navy Cross, or the
Air Force Cross before the date of the enactment of this Act.
(2) Any other Jewish American war veteran or Hispanic American war
veteran whose name is submitted to the Secretary concerned for such
purpose before the end of the one-year period beginning on the date of
the enactment of this Act.
(c) Consultations.--In carrying out the review under subsection (a),
the Secretary of each military department shall consult with the Jewish
War Veterans of the United States of America and with such other
veterans service organizations as the Secretary considers appropriate.
(d) Recommendation Based on Review.--If the Secretary concerned
determines, based upon the review under subsection (a) of the service
records of any Jewish American war veteran or Hispanic American war
veteran, that the award of the Medal of Honor to that veteran is
warranted, the Secretary shall submit to the President a recommendation
that the President award the Medal of Honor to that veteran.
(e) Authority To Award Medal of Honor.--A Medal of Honor may be
awarded to a Jewish American war veteran or Hispanic American war
veteran in accordance with a recommendation of the Secretary concerned
under subsection (d).
(f) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States Code, as
applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for which a
Distinguished Service Cross, Navy Cross, or Air Force Cross has been
awarded.
(g) Definition.--For purposes of this section, the term ``Jewish
American war veteran'' means any person who served in the Armed Forces
during World War II or a later period of war and who identified himself
or herself as Jewish on his or her military personnel records.
SEC. 553. AUTHORITY TO ISSUE DUPLICATE MEDALS OF HONOR AND TO
REPLACE STOLEN MILITARY DECORATIONS.
(a) Army.--(1)(A) Chapter 357 of title 10, United States Code, is
amended by adding at the end the following new section:
``3754. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written application
of that person, be issued, without charge, one duplicate medal of honor
with ribbons and appurtenances. Such duplicate medal of honor shall be
marked, in such manner as the Secretary of the Army may determine, as a
duplicate or for display purposes only.''.
(B) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``3754. Medal of honor: duplicate medal.''.
(2) Section 3747 of such title is amended by striking ``lost'' and
inserting ``stolen, lost,''.
(b) Navy and Marine Corps.--(1)(A) Chapter 567 of title 10, United
States Code, is amended by adding at the end the following new section:
``6256. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written application
of that person, be issued, without charge, one duplicate medal of honor
with ribbons and appurtenances. Such duplicate medal of honor shall be
marked, in such manner as the Secretary of the Navy may determine, as a
duplicate or for display purposes only.''.
(B) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``6256. Medal of honor: duplicate medal.''.
(2) Section 6253 of such title is amended by striking ``lost'' and
inserting ``stolen, lost,''.
(c) Air Force.--(1)(A) Chapter 857 of title 10, United States Code,
is amended by adding at the end the following new section:
``8754. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written application
of that person, be issued, without charge, one duplicate medal of honor
with ribbons and appurtenances. Such duplicate medal of honor shall be
marked, in such manner as the Secretary of the Air Force may determine,
as a duplicate or for display purposes only.''.
(B) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``8754. Medal of honor: duplicate medal.''.
(2) Section 8747 of such title is amended by striking ``lost'' and
inserting ``stolen, lost,''.
(d) Coast Guard.--(1)(A) Chapter 13 of title 14, United States Code,
is amended by inserting after section 503 the following new section:
``504. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written application
of that person, be issued, without charge, one duplicate medal of honor
with ribbons and appurtenances. Such duplicate medal of honor shall be
marked, in such manner as the Secretary may determine, as a duplicate or
for display purposes only.''.
(B) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 503 the following new
item:
``504. Medal of honor: duplicate medal.''.
(2) Section 501 of such title is amended by inserting ``stolen,''
before ``lost,''.
(e) Definition of Medal of Honor for Purposes of Federal
Unauthorized-Use Crime.--Section 704(b)(2)(B) of title 18, United States
Code, is amended to read as follows:
``(B) As used in this subsection, `Congressional Medal of Honor'
means--
``(i) a medal of honor awarded under section 3741, 6241, or 8741 of
title 10 or section 491 of title 14;
``(ii) a duplicate medal of honor issued under section 3754, 6256,
or 8754 of title 10 or section 504 of title 14; or
``(iii) a replacement of a medal of honor provided under section
3747, 6253, or 8747 of title 10 or section 501 of title 14.''.
SEC. 554. RETROACTIVE MEDAL OF HONOR SPECIAL PENSION.
(a) Entitlement.--Notwithstanding any other provision of law, Robert
R. Ingram of Jacksonville, Florida, who was awarded the Medal of Honor
pursuant to Public Law 105 103 (111 Stat. 2218), shall be entitled to
the special pension provided for under section 1562 of title 38, United
States Code (and antecedent provisions of law), for months that begin
after March 1966.
(b) Amount.--The amount of special pension payable under subsection
(a) for a month beginning before the date of the enactment of this Act
shall be the amount of special pension provided for by law for that
month for persons entered and recorded in the Army, Navy, Air Force, and
Coast Guard Medal of Honor Roll (or antecedent Medal of Honor Roll
required by law).
SEC. 555. 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 Wayne T. Alderson, of Glassport, Pennsylvania, for gallantry in
action from March 15 to March 18, 1945, 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
(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 30,
2000, 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. 556. SENSE OF CONGRESS ON ISSUANCE OF CERTAIN MEDALS.
It is the sense of Congress that the Secretary of Defense should
consider authorizing--
(1) the issuance of a campaign medal, to be known as the Korea
Defense Service Medal, to each person who while a member of the Armed
Forces served in the Republic of Korea, or the waters adjacent thereto,
during the period beginning on July 28, 1954, and ending on such date
thereafter as the Secretary considers appropriate;
(2) the issuance of a campaign medal, to be known as the Cold War
Service Medal, to each person who while a member of the Armed Forces
served satisfactorily on active duty during the Cold War; and
(3) the award of the Vietnam Service Medal to any member or former
member of the Armed Forces who was awarded the Armed Forces
Expeditionary Medal for participation in military operations designated
as Operation Frequent Wind arising from the evacuation of Vietnam on
April 29 and 30, 1975.
SEC. 557. SENSE OF CONGRESS ON DEVELOPMENT OF A MORE
COMPREHENSIVE, UNIFORM POLICY FOR THE AWARD OF DECORATIONS TO MILITARY
AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The role and importance of civilian nationals of the United
States as Federal employees and contractors in support of operations of
the Armed Forces worldwide has continued to expand.
(2) The expanded role performed by those civilians, both in the
United States and overseas, has greatly increased the risk to those
civilians of injury and death from hostile actions taken against United
States Armed Forces, as demonstrated by the terrorist attack on the
Pentagon on September 11, 2001, in which scores of Department of Defense
civilian and contractor personnel were killed or wounded.
(3) On September 20, 2001, the Deputy Secretary of Defense approved
the creation of a new award, a medal for the defense of freedom, to be
awarded to civilians employed by the Department of Defense who are
killed or wounded as a result of hostile action and at the same time
directed that a comprehensive review be conducted to develop a more
uniform approach to the award of decorations to military and civilian
personnel of the Department of Defense.
(b) Commendation of Creation of New Award.--Congress commends the
decision announced by the Deputy Secretary of Defense on September 20,
2001, to approve the creation of a new award, a medal for the defense of
freedom, to be awarded to civilians employed by the Department of
Defense who are killed or wounded as a result of hostile action.
(c) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should act expeditiously to develop a more
comprehensive, uniform policy for the award of decorations to military
and civilian personnel of the Department of Defense.
SEC. 558. POSTHUMOUS ARMY COMMISSION IN THE GRADE OF CAPTAIN
IN THE CHAPLAINS CORPS TO ELLA E. GIBSON FOR SERVICE AS CHAPLAIN OF THE
FIRST WISCONSIN HEAVY ARTILLERY REGIMENT DURING THE CIVIL WAR.
The President is authorized and requested to posthumously appoint
Ella E. Gibson to the grade of captain in the Chaplains Corps of the
Army, the commission to issue as of the date of her appointment as
chaplain to the First Wisconsin Heavy Artillery regiment during the
Civil War and to be considered to have been in effect during the time
during which she faithfully performed the services of a chaplain to that
regiment and for which Congress by law (Private Resolution 31 of the
40th Congress, approved March 3, 1869) previously provided for her to be
paid the full pay and emoluments of a chaplain in the United States Army
as if she had been regularly commissioned and mustered into service.
Subtitle G--Funeral Honors Duty
SEC. 561. PARTICIPATION OF MILITARY RETIREES IN FUNERAL HONORS DETAILS.
(a) Authority.--Subsection (b)(2) of section 1491 of title 10, United
States Code, is amended--
(1) in the first sentence, by inserting ``(other than members in a
retired status)'' after ``members of the armed forces''; and
(2) in the second sentence, by inserting ``(including members in a
retired status),'' after ``members of the armed forces''.
(b) Funeral Honors Duty Allowance.--Section 435(a) of title 37,
United States Code, is amended--
(1)byinserting``(1)''after``(a) Allowance Authorized.--''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned may also authorize payment of that
allowance to a member of the armed forces in a retired status for any
day on which the member serves in a funeral honors detail under section
1491 of title 10, if the time required for service in such detail
(including time for preparation) is not less than two hours. The amount
of an allowance paid to a member under this paragraph shall be in
addition to any other compensation to which the member may be entitled
under this title or title 10 or 38.''.
SEC. 562. FUNERAL HONORS DUTY PERFORMED BY RESERVE AND GUARD
MEMBERS TO BE TREATED AS INACTIVE-DUTY TRAINING FOR CERTAIN PURPOSES.
(a) Reserve Members.--Section 12503(a) of title 10, United States
Code, is amended by adding at the end the following new sentence:
``Performance of funeral honors duty by a Reserve not on active duty
shall be treated as inactive-duty training (including with respect to
travel to and from such duty) for purposes of any provision of law other
than sections 206 and 435 of title 37.''.
(b) National Guard Members.--Section 115(a) of title 32, United
States Code, is amended by adding at the end the following new sentence:
``Performance of funeral honors duty by such a member not on active duty
or full-time National Guard duty shall be treated as inactive-duty
training (including with respect to travel to and from such duty) for
purposes of any provision of law other than sections 206 and 435 of
title 37.''.
(c) Effective Date.--The amendments made by this section shall apply
to funeral honors duty performed on or after October 30, 2000.
SEC. 563. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY
RESERVE MEMBERS AND NATIONAL GUARDSMEN.
Section 6323(a)(1) of title 5, United States Code, is amended by
inserting ``funeral honors duty (as described in section 12503 of title
10 and section 115 of title 32),'' after ``(as defined in section 101 of
title 37),''.
SEC. 564. AUTHORITY TO PROVIDE APPROPRIATE ARTICLES OF
CLOTHING AS A CIVILIAN UNIFORM FOR CIVILIANS PARTICIPATING IN FUNERAL
HONOR DETAILS.
Section 1491(d) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3) Articles of clothing for members of a veterans organization or
other organization referred to in subsection (b)(2) that, as determined
by the Secretary concerned, are appropriate as a civilian uniform for
persons participating in a funeral honors detail.''.
Subtitle H--Military Spouses and Family Members
SEC. 571. IMPROVED FINANCIAL AND OTHER ASSISTANCE TO MILITARY
SPOUSES FOR JOB TRAINING AND EDUCATION.
(a) Examination of Existing Employment Assistance Programs.--(1) The
Secretary of Defense shall examine existing Department of Defense and
other Federal, State, and nongovernmental programs with the objective of
improving retention of military personnel by increasing the
employability of military spouses and assisting those spouses in gaining
access to financial and other assistance for job training and education.
(2) In conducting the examination, the Secretary shall give priority
to facilitating and increasing access of military spouses to existing
Department of Defense, Federal, State, and nongovernmental sources for
the types of financial assistance set forth in paragraph (3), but shall
also specifically assess whether the Department of Defense should begin
a program for direct financial assistance to military spouses for some
or all of those types of assistance and whether such a program of direct
financial assistance would enhance retention.
(3) In conducting the examination pursuant to paragraph (1), the
Secretary should focus on financial assistance for military spouses for
one or more of the following purposes:
(A) Career-related education.
(B) Certification and license fees for employment-related purposes.
(C) Apprenticeships and internships.
(D) Technical training.
(E) Training to improve job skills.
(F) Career counseling.
(G) Skills assessment.
(H) Job-search skills.
(I) Job-related transportation.
(J) Child care.
(K) Any additional employment-related purpose specified by the
Secretary for the purposes of the examination under paragraph (1).
(4) Not later than March 30, 2002, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the results of the examination under paragraph (1).
(b) Review of Department of Defense Policies.--(1) The Secretary of
Defense shall review Department of Defense policies that affect
employment and education opportunities for military spouses in the
Department of Defense in order to further expand those opportunities.
The review shall include the consideration of providing, to the extent
authorized by law, separate spouse preferences for employment by
appropriated and nonappropriated fund operations.
(2) Not later than March 30, 2002, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the results of the review under paragraph (1).
(c) Spouse Employment Assistance.--Section 1784 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(d) Space-Available Use of Facilities for Spouse Training
Purposes.--Under regulations prescribed by the Secretary of Defense, the
Secretary of a military department may make available to a
non-Department of Defense entity space in non-excess facilities
controlled by that Secretary for the purpose of the non-Department of
Defense entity providing employment-related training for military
spouses.
``(e) Employment by Other Federal Agencies.--The Secretary of Defense
shall work with the Director of the Office of Personnel Management and
the heads of other Federal departments and agencies to expand and
facilitate the use of existing Federal programs and resources in support
of military spouse employment.
``(f) Private-Sector Employment.--The Secretary of Defense--
``(1) shall seek to develop partnerships with firms in the private
sector to enhance employment opportunities for spouses of members of the
armed forces and to provide for improved job portability for such
spouses, especially in the case of the spouse of a member of the armed
forces accompanying the member to a new geographical area because of a
change of permanent duty station of the member; and
``(2) shall work with the United States Chamber of Commerce and
other appropriate private-sector entities to facilitate the formation of
such partnerships.
``(g) Employment With DOD Contractors.--The Secretary of Defense
shall examine and seek ways for incorporating hiring preferences for
qualified spouses of members of the armed forces into contracts between
the Department of Defense and private-sector entities.''.
SEC. 572. PERSONS AUTHORIZED TO BE INCLUDED IN SURVEYS OF
MILITARY FAMILIES REGARDING FEDERAL PROGRAMS.
(a) Extension of Survey Authority.--Subsection (a) of section 1782 of
title 10, United States Code, is amended to read as follows:
``(a) Authority.--The Secretary of Defense, in order to determine the
effectiveness of Federal programs relating to military families and the
need for new programs, may conduct surveys of--
``(1) members of the armed forces who are on active duty, in an
active status, or retired;
``(2) family members of such members; and
``(3) survivors of deceased retired members and of members who died
while on active duty.''.
(b) Federal Recordkeeping Requirements.--Subsection (c) of such
section is amended to read as follows:
``(c) Federal Recordkeeping Requirements.--With respect to a survey
authorized under subsection (a) that includes a person referred to in
that subsection who is not an employee of the United States or is not
otherwise considered an employee of the United States for the purposes
of section 3502(3)(A)(i) of title 44, the person shall be considered as
being an employee of the United States for the purposes of that
section.''.
SEC. 573. CLARIFICATION OF TREATMENT OF CLASSIFIED INFORMATION
CONCERNING PERSONS IN A MISSING STATUS.
Section 1506(b)(2) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking the period at the end and inserting ``of all missing
persons from the conflict or period of war to which the classified
information pertains.''; and
(3) by adding at the end the following new subparagraph:
``(B) For purposes of subparagraph (A), information shall be
considered to be made reasonably accessible if placed in a separate and
distinct file that is available for review by persons specified in
subparagraph (A) upon the request of any such person either to review
the separate file or to review the personnel file of the missing person
concerned.''.
SEC. 574. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN OF
PERSONS UNACCOUNTED FOR FROM CONFLICTS AFTER WORLD WAR II.
(a) Authority for Department of Defense To Provide
Transportation.--Chapter 157 of title 10, United States Code, is amended
by adding at the end the following new section:
``2647. Next-of-kin of persons unaccounted for from conflicts
after World War II: transportation to annual meetings
``The Secretary of Defense may provide transportation for the
next-of-kin of persons who are unaccounted for from the Korean conflict,
the Cold War, Vietnam War era, or the Persian Gulf War to and from an
annual meeting in the United States. Such transportation shall be
provided under such regulations as the Secretary of Defense may
prescribe.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2647. Next-of-kin of persons unaccounted for from conflicts
after World War II: transportation to annual meetings.''.
SEC. 575. AMENDMENTS TO CHARTER OF DEFENSE TASK FORCE ON
DOMESTIC VIOLENCE.
(a) Members Appointed From Private Sector.--Subsection (h)(1) of
section 591 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106 65; 113 Stat. 639; 10 U.S.C. 1562 note) is
amended--
(1) by inserting ``who is a member of the Armed Forces or civilian
officer or employee of the United States'' after ``Each member of the
task force'';
(2) by striking ``, but shall'' and all that follows and inserting a
period; and
(3) by adding at the end the following new sentence: ``Other members
of the task force shall be appointed in accordance with, and subject to,
section 3161 of title 5, United States Code.''.
(b) Extension of Termination Date.--Subsection (j) of such section is
amended by striking ``three years after the date of the enactment of
this Act'' and inserting ``on April 24, 2003''.
Subtitle I--Military Justice and Legal Assistance Matters
SEC. 581. BLOOD ALCOHOL CONTENT LIMIT FOR THE OFFENSE UNDER
THE UNIFORM CODE OF MILITARY JUSTICE OF DRUNKEN OPERATION OF A VEHICLE,
AIRCRAFT, OR VESSEL.
Section 911 of title 10, United States Code (article 111 of the
Uniform Code of Military Justice), is amended--
(1) by inserting ``(a)'' before `` Any person'';
(2) by striking ``0.10 grams'' the first place it appears and all
that follows through ``chemical analysis'' and inserting ``in excess of
the applicable limit under subsection (b)''; and
(3) by adding at the end the following:
``(b)(1) For purposes of subsection (a), the applicable limit on the
alcohol concentration in a person's blood or breath is as follows:
``(A) In the case of the operation or control of a vehicle,
aircraft, or vessel in the United States, such limit is the blood
alcohol content limit under the law of the State in which the conduct
occurred, except as may be provided under paragraph (2) for conduct on a
military installation that is in more than one State and subject to the
maximum blood alcohol content limit specified in paragraph (3).
``(B) In the case of the operation or control of a vehicle,
aircraft, or vessel outside the United States, the applicable blood
alcohol content limit is the maximum blood alcohol content limit
specified in paragraph (3) or such lower limit as the Secretary of
Defense may by regulation prescribe.
``(2) In the case of a military installation that is in more than one
State, if those States have different blood alcohol content limits under
their respective State laws, the Secretary may select one such blood
alcohol content limit to apply uniformly on that installation.
``(3) For purposes of paragraph (1), the maximum blood alcohol
content limit with respect to alcohol concentration in a person's blood
is 0.10 grams of alcohol per 100 milliliters of blood and with respect
to alcohol concentration in a person's breath is 0.10 grams of alcohol
per 210 liters of breath, as shown by chemical analysis.
``(4) In this subsection:
``(A) The term `blood alcohol content limit' means the maximum
permissible alcohol concentration in a person's blood or breath for
purposes of operation or control of a vehicle, aircraft, or vessel.
``(B) The term `United States' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American
Samoa and the term `State' includes each of those jurisdictions.''.
SEC. 582. REQUIREMENT THAT COURTS-MARTIAL CONSIST OF NOT LESS
THAN 12 MEMBERS IN CAPITAL CASES.
(a) Classification of General Court-Martial in Capital
Cases.--Section 816(1)(A) of title 10, United States Code (article
16(1)(A) of the Uniform Code of Military Justice) is amended by
inserting after ``five members'' the following: ``or, in a case in which
the accused may be sentenced to a penalty of death, the number of
members determined under section 825a of this title (article 25a)''.
(b) Number of Members Required.--(1) Chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 825 (article 25) the following new section:
``825a. Art. 25a. Number of members in capital cases
``In a case in which the accused may be sentenced to a penalty of
death, the number of members shall be not less than 12, unless 12
members are not reasonably available because of physical conditions or
military exigencies, in which case the convening authority shall specify
a lesser number of members not less than five, and the court may be
assembled and the trial held with not less than the number of members so
specified. In such a case, the convening authority shall make a detailed
written statement, to be appended to the record, stating why a greater
number of members were not reasonably available.''.
(2) The table of sections at the beginning of subchapter V of such
chapter is amended by inserting after the item relating to section 825
(article 25) the following new item:
``825a. 25a. Number of members in capital cases.''.
(c) Absent and Additional Members.--Section 829(b) of such title
(article 29 of the Uniform Code of Military Justice) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking ``five members'' both places it appears and
inserting ``the applicable minimum number of members''; and
(3) by adding at the end the following new paragraph:
``(2) In this section, the term `applicable minimum number of
members' means five members or, in a case in which the death penalty may
be adjudged, the number of members determined under section 825a of this
title (article 25a).''.
(d) Effective Date.--The amendments made by this section shall apply
with respect to offenses committed after December 31, 2002.
SEC. 583. ACCEPTANCE OF VOLUNTARY LEGAL ASSISTANCE FOR THE
CIVIL AFFAIRS OF MEMBERS AND FORMER MEMBERS OF THE UNIFORMED SERVICES
AND THEIR DEPENDENTS.
(a) Authority.--Subsection (a) of section 1588 of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(5) Legal services voluntarily provided as legal assistance under
section 1044 of this title.''.
(b) Defense of Legal Malpractice.--Subsection (d)(1) of that section
is amended by adding at the end the following new subparagraph:
``(E) Section 1054 of this title (relating to legal malpractice),
for a person voluntarily providing legal services accepted under
subsection (a)(5), as if the person were providing the services as an
attorney of a legal staff within the Department of Defense.''.
Subtitle J--Other Matters
SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE IN GROUND
COMBAT EXCLUSION POLICY.
Section 542(b) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103 160; 10 U.S.C. 113 note) is amended--
(1) in paragraph (1)--
(A) by striking ``not less than 90 days''; and
(B) by adding at the end the following new sentence: ``Such a change
may then be implemented only after the end of a period of 30 days of
continuous session of Congress (excluding any day on which either House
of Congress is not in session) following the date on which the report is
received.''; and
(2) by adding at the end the following new paragraph:
``(5) For purposes of this subsection, the continuity of a session of
Congress is broken only by an adjournment of the Congress sine die.''.
SEC. 592. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS.
(a) Funding Source for Allowance.--Section 436(a) of title 37, United
States Code, is amended by adding at the end the following new sentence:
``The Secretary shall pay the allowance from appropriations available
for operation and maintenance for the armed force in which the member
serves.''.
(b) Expanded Report Regarding Management of Individual Member
Deployments.--Section 574(d) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 138) is amended in the second sentence by
striking paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) a discussion of the experience in tracking and recording the
deployments of members of the Armed Forces and the payment of the per
diem allowance for lengthy or numerous deployments in accordance with
section 436 of title 37, United States Code;
``(2) specific comments regarding the effect of section 991 of title
10, United States Code, and section 436 of title 37, United States Code,
on the readiness of the Navy and Marine Corps given the deployment
intensive mission of these services; and
``(3) any recommendations for revision of section 991 of title 10,
United States Code, or section 436 of title 37, United States Code, that
the Secretary considers appropriate.''.
SEC. 593. CLARIFICATION OF DISABILITY SEVERANCE PAY COMPUTATION.
(a) Clarification.--Section 1212(a)(2) of title 10, United States
Code, is amended by striking ``for promotion'' in subparagraph (C) and
the first place it appears in subparagraph (D).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to members separated under section 1203 or 1206 of
title 10, United States Code, on or after date of the enactment of this
Act.
SEC. 594. TRANSPORTATION OR STORAGE OF PRIVATELY OWNED
VEHICLES ON CHANGE OF PERMANENT STATION.
(a) Advance Payment of Storage Costs.--Subsection (b) of section 2634
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) Storage costs payable under this subsection may be paid in
advance.''.
(b) Shipment on Permanent Change of Station Within CONUS.--Subsection
(h)(1) of such section is amended by striking ``includes'' in the second
sentence and all that follows and inserting ``includes the following:
``(A) An authorized change in home port of a vessel.
``(B) A transfer or assignment between two permanent stations in the
continental United States when--
``(i) the member cannot, because of injury or the conditions of the
order, drive the motor vehicle between the permanent duty stations; or
``(ii) the Secretary concerned determines that it is advantageous
and cost-effective to the United States for one motor vehicle of the
member to be transported between the permanent duty stations.''.
(c) Effective Date.--The amendments made by this section apply to
orders to make a change of permanent station that are issued on or after
the date of the enactment of this Act.
SEC. 595. REPEAL OF REQUIREMENT FOR FINAL COMPTROLLER GENERAL
REPORT RELATING TO ARMY END STRENGTH ALLOCATIONS.
Section 552 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104 106; 110 Stat. 319; 10 U.S.C. 115 note) is
repealed.
SEC. 596. CONTINUED DEPARTMENT OF DEFENSE ADMINISTRATION OF
NATIONAL GUARD CHALLENGE PROGRAM AND DEPARTMENT OF DEFENSE STARBASE
PROGRAM.
(a) National Guard Challenge Program.--Section 509(b) of title 32,
United States Code, is amended--
(1) in paragraph (2)(A), by striking ``in a fiscal year'' and
inserting ``in fiscal year 2001 or 2002''; and
(2) by adding at the end the following new paragraph:
``(4) The Secretary of Defense shall remain the executive agent to
carry out the National Guard Challenge Program regardless of the source
of funds for the program or any transfer of jurisdiction over the
program within the executive branch. As provided in subsection (a), the
Secretary may use the National Guard to conduct the program.''.
(b) STARBASE Program.--Section 2193b(f) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall remain the executive agent to
carry out the program regardless of the source of funds for the program
or any transfer of jurisdiction over the program within the executive
branch.''.
(c) Repeal of Contingent Funding for JROTC.--(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.
(3) The amendments made by this subsection shall take effect on
October 1, 2002.
SEC. 597. REPORT ON DEFENSE SCIENCE BOARD RECOMMENDATION ON
ORIGINAL APPOINTMENTS IN REGULAR GRADES FOR ACADEMY GRADUATES AND
CERTAIN OTHER NEW OFFICERS.
The Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the legislative and policy changes
required to implement the recommendation of the Defense Science Board
(made in its report entitled ``Final Report on Human Resources
Strategy'' and dated February 28, 2000) that all officers be given
initial regular commissions. The Secretary shall include in that report
a description of the measures necessary to transition the current
active-duty officer corps to an all-regular status, if the Board's
recommendation were adopted, and shall provide the Secretary's position
with regard to implementing that recommendation. The report shall be
submitted not later than six months after the date of the enactment of
this Act.
SEC. 598. SENSE OF CONGRESS REGARDING THE SELECTION OF
OFFICERS FOR RECOMMENDATION FOR APPOINTMENT AS COMMANDER, UNITED STATES
TRANSPORTATION COMMAND.
(a) Findings.--Congress makes the following findings:
(1) The Goldwater-Nichols Department of Defense Reorganization Act
of 1986 (Public Law 99 433) envisioned that officers would be selected
for recommendation to the President for appointment as the commander of
a combatant command under chapter 6 of title 10, United States Code (as
added by that Act), on the basis of being the best qualified officer for
that position, rather than the best qualified officer of the armed force
that had historically supplied officers to serve in that position.
(2) In order to provide for greater competition among the Armed
Forces for selection of officers for assignment as the commanders of the
combatant commands and assignment to certain other joint positions in
the grade of general or admiral, Congress provided temporary relief from
the limitation on the number of officers serving on active duty in the
grade of general or admiral in section 405 of the National Defense
Authorization Act for Fiscal Year 1995 and thereafter extended that
relief until September 30, 2003, but has also required that the
Secretary of Defense be furnished the name of at least one officer from
each of the Armed Forces for consideration for appointment to each such
position.
(3) Most of the positions of commanders of the combatant commands
have been filled successively by officers of more than one of the Armed
Forces since the enactment of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986.
(4) However, general officers of the Air Force with only limited
experience in the transportation services have usually filled the
position of commander of the United States Transportation Command.
(5) The United States Transportation Command could benefit from the
appointment of future commanders selected from the Army, Navy and Marine
Corps, in addition to the Air Force.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, when considering officers for recommendation to
the President for appointment as commander of the United States
Transportation Command, should not rely upon officers of one service
which has traditionally provided officers to fill that position but
should select for such recommendation the best qualified officer of the
Army, Navy, Air Force, or Marine Corps.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A--PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers
with prior service as an enlisted member or warrant officer.
Sec. 603. Reserve component compensation for distributed learning
activities performed as inactive-duty training.
Sec. 604. Subsistence allowances.
Sec. 605. Eligibility for temporary housing allowance while in
travel or leave status between permanent duty stations.
Sec. 606. Uniform allowance for officers.
Sec. 607. Family separation allowance for members electing
unaccompanied tour by reason of health limitations of dependents.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. One-year extension of special pay and bonus authorities
for nuclear officers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Hazardous duty pay for members of maritime visit, board,
search, and seizure teams.
Sec. 616. Eligibility for certain career continuation bonuses for
early commitment to remain on active duty.
Sec. 617. Secretarial discretion in prescribing submarine duty
incentive pay rates.
Sec. 618. Conforming accession bonus for dental officers authority
with authorities for other special pay and bonuses.
Sec. 619. Modification of eligibility requirements for Individual
Ready Reserve bonus for reenlistment, enlistment, or extension of
enlistment.
Sec. 620. Installment payment authority for 15-year career status bonus.
Sec. 621. Accession bonus for new officers in critical skills.
Sec. 622. Education savings plan to encourage reenlistments and
extensions of service in critical specialties.
Sec. 623. Continuation of payment of special and incentive pay at
unreduced rates during stop loss periods.
Sec. 624. Retroactive authorization for imminent danger pay for
service in connection with Operation Enduring Freedom.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 631. Minimum per diem rate for travel and transportation
allowance for travel performed upon a change of permanent station and
certain other travel.
Sec. 632. Eligibility for payment of subsistence expenses
associated with occupancy of temporary lodging incident to reporting to
first permanent duty station.
Sec. 633. Reimbursement of members for mandatory pet quarantine
fees for household pets.
Sec. 634. Increased weight allowance for transportation of baggage
and household effects for junior enlisted members.
Sec. 635. Eligibility of additional members for dislocation allowance.
Sec. 636. Partial dislocation allowance authorized for housing
moves ordered for Government convenience.
Sec. 637. Allowances for travel performed in connection with
members taking authorized leave between consecutive overseas tours.
Sec. 638. Travel and transportation allowances for family members
to attend burial of a deceased member of the uniformed services.
Sec. 639. Funded student travel for foreign study under an
education program approved by a United States school.
SUBTITLE D--RETIREMENT AND SURVIVOR BENEFIT MATTERS
Sec. 641. Contingent authority for concurrent receipt of military
retired pay and veterans' disability compensation and enhancement of
special compensation authority.
Sec. 642. Survivor Benefit Plan annuities for surviving spouses of
members who die while on active duty and not eligible for retirement.
SUBTITLE E--OTHER MATTERS
Sec. 651. Payment for unused leave in excess of 60 days accrued by
members of reserve components on active duty for one year or less.
Sec. 652. Additional authority to provide assistance for families
of members of the Armed Forces.
Sec. 653. Authorization of transitional compensation and
commissary and exchange benefits for dependents of commissioned officers
of the Public Health Service and the National Oceanic and Atmospheric
Administration who are separated for dependent abuse.
Sec. 654. Transfer of entitlement to educational assistance under
Montgomery GI Bill by members of the Armed Forces with critical military
skills.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2002 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, 2002, the rates
of monthly basic pay for members of the uniformed services within each
pay grade are as follows:
COMMISSIONED OFFICERS\1\
Years of service computed under section 205 of title 37, United States Code
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
O 10\2\ $0.00 $0.00 $0.00 $0.00 $0.00
O 9 0.00 0.00 0.00 0.00 0.00
O 8 7,180.20 7,415.40 7,571.10 7,614.90 7,809.30
O 7 5,966.40 6,371.70 6,371.70 6,418.20 6,657.90
O 6 4,422.00 4,857.90 5,176.80 5,176.80 5,196.60
O 5 3,537.00 4,152.60 4,440.30 4,494.30 4,673.10
O 4 3,023.70 3,681.90 3,927.60 3,982.50 4,210.50
O 3\3\ 2,796.60 3,170.40 3,421.80 3,698.70 3,875.70
O 2\3\ 2,416.20 2,751.90 3,169.50 3,276.30 3,344.10
O 1\3\ 2,097.60 2,183.10 2,638.50 2,638.50 2,638.50
----------- ------------ ------------ ------------ -----------
Over 8 Over 10 Over 12 Over 14 Over 16
----------- ------------ ------------ ------------ -----------
O 10\2\ $0.00 $0.00 $0.00 $0.00 $0.00
O 9 0.00 0.00 0.00 0.00 0.00
O 8 8,135.10 8,210.70 8,519.70 8,608.50 8,874.30
O 7 6,840.30 7,051.20 7,261.80 7,472.70 8,135.10
O 6 5,418.90 5,448.60 5,448.60 5,628.60 6,305.70
O 5 4,673.10 4,813.50 5,073.30 5,413.50 5,755.80
O 4 4,395.90 4,696.20 4,930.20 5,092.50 5,255.70
O 3\3\ 4,070.10 4,232.40 4,441.20 4,549.50 4,549.50
O 2\3\ 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10
O 1\3\ 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50
----------- ------------ ------------ ------------ -----------
Over 18 Over 20 Over 22 Over 24 Over 26
----------- ------------ ------------ ------------ -----------
O 10\2\ $0.00 11,601.90 11,659.20 11,901.30 12,324.00
O 9 0.00 10,147.50 10,293.60 10,504.80 10,873.80
O 8 9,259.50 9,614.70 9,852.00 9,852.00 9,852.00
O 7 8,694.90 8,694.90 8,694.90 8,694.90 8,738.70
O 6 6,627.00 6,948.30 7,131.00 7,316.10 7,675.20
O 5 5,919.00 6,079.80 6,262.80 6,262.80 6,262.80
O 4 5,310.60 5,310.60 5,310.60 5,310.60 5,310.60
O 3\3\ 4,549.50 4,549.50 4,549.50 4,549.50 4,549.50
O 2\3\ 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10
O 1\3\ 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50
\1\Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned officers in pay grades 0 7 through O 10 may not exceed the rate of pay for level III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule.
\2\Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, the rate of basic pay for this grade is $13,598.10, regardless of cumulative years of service computed under section 205 of title 37, United States Code.
\3\This table does not apply to commissioned officers in pay grade O 1, O 2, or O 3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
O 3E $0.00 $0.00 $0.00 3,698.70 3,875.70
O 2E 0.00 0.00 0.00 3,276.30 3,344.10
O 1E 0.00 0.00 0.00 2,638.50 2,818.20
----------- ----------- ----------- ----------- ----------
Over 8 Over 10 Over 12 Over 14 Over 16
----------- ----------- ----------- ----------- ----------
O 3E 4,070.10 4,232.40 4,441.20 4,617.00 4,717.50
O 2E 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40
O 1E 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30
----------- ----------- ----------- ----------- ----------
Over 18 Over 20 Over 22 Over 24 Over 26
----------- ----------- ----------- ----------- ----------
O 3E 4,855.20 4,855.20 4,855.20 4,855.20 4,855.20
O 2E 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40
O 1E 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30
WARRANT OFFICERS\1\
Years of service computed under section 205 of title 37, United States Code
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
W 5 $0.00 $0.00 $0.00 $0.00 $0.00
W 4 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10
W 3 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40
W 2 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40
W 1 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90
----------- ----------- ----------- ----------- -----------
Over 8 Over 10 Over 12 Over 14 Over 16
----------- ----------- ----------- ----------- -----------
W 5 $0.00 $0.00 $0.00 $0.00 $0.00
W 4 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40
W 3 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90
W 2 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00
W 1 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10
----------- ----------- ----------- ----------- -----------
Over 18 Over 20 Over 22 Over 24 Over 26
----------- ----------- ----------- ----------- -----------
W 5 $0.00 4,965.60 5,136.00 5,307.00 5,478.60
W 4 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30
W 3 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90
W 2 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30
W 1 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10
\1\Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule.
ENLISTED MEMBERS\1\
Years of service computed under section 205 of title 37, United States Code
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
9\2\ $0.00 $0.00 $0.00 $0.00 $0.00
8 0.00 0.00 0.00 0.00 0.00
7 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40
6 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40
5 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80
4 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30
3 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50
2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
1 \3\ 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
--------------- ------------ ----------- ----------- -----------
Over 8 Over 10 Over 12 Over 14 Over 16
--------------- ------------ ----------- ----------- -----------
9\2\ $0.00 $3,423.90 3,501.30 3,599.40 3,714.60
8 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30
7 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60
6 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10
5 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30
4 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
3 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
1 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
--------------- ------------ ----------- ----------- -----------
Over 18 Over 20 Over 22 Over 24 Over 26
--------------- ------------ ----------- ----------- -----------
9\2\ $3,830.40 3,944.10 4,098.30 4,251.30 4,467.00
8 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80
7 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80
6 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80
5 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30
4 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
3 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
1 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
\1\Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule.
\2\Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $5,382.90, regardless of cumulative years of service computed under section 205 of title 37, United States Code.
\3\In the case of members in pay grade E 1 who have served less than 4 months on active duty, the rate of basic pay is $1,022.70.
SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED
OFFICERS WITH PRIOR SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER.
(a) Service Credit.--Section 203(d) of title 37, United States Code,
is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``active service as a warrant officer or as a
warrant officer and an enlisted member'' and inserting ``service
described in paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) Service to be taken into account for purposes of computing
basic pay under paragraph (1) is as follows:
``(A) Active service as a warrant officer or as a warrant officer
and an enlisted member, in the case of--
``(i) a commissioned officer on active duty who is paid from funds
appropriated for active-duty personnel; or
``(ii) a commissioned officer on active Guard and Reserve duty.
``(B) In the case of a commissioned officer (not referred to in
subparagraph (A)(ii)) who is paid from funds appropriated for reserve
personnel, service as a warrant officer, or as a warrant officer and
enlisted member, for which at least 1,460 points have been credited to
the officer for the purposes of section 12732(a)(2) of title 10.''.
(b) Application of Amendments.--The amendments made by subsection (a)
shall apply with respect to months beginning on or after the date of the
enactment of this Act.
SEC. 603. RESERVE COMPONENT COMPENSATION FOR DISTRIBUTED
LEARNING ACTIVITIES PERFORMED AS INACTIVE-DUTY TRAINING.
(a) Compensation Authorized.--Section 206(d) of title 37, United
States Code, is amended--
(1) by striking ``This section'' and inserting ``(1) Except as
provided in paragraph (2), this section'';
(2) by striking ``an armed force'' and inserting ``a uniformed
service''; and
(3) by adding at the end the following new paragraph:
``(2) A member of the Selected Reserve of the Ready Reserve may be
paid compensation under this section at a rate and under terms
determined by the Secretary of Defense, but not to exceed the rate
otherwise applicable to the member under subsection (a), upon the
member's successful completion of a course of instruction undertaken by
the member using electronic-based distributed learning methodologies to
accomplish training requirements related to unit readiness or
mobilization, as directed for the member by the Secretary concerned. The
compensation may be paid regardless of whether the course of instruction
was under the direct control of the Secretary concerned or included the
presence of an instructor.''.
(b) Definition of Inactive-Duty Training.--Section 101(22) of such
title is amended by inserting after ``but'' the following: ``(except as
provided in section 206(d)(2) of this title)''.
SEC. 604. SUBSISTENCE ALLOWANCES.
(a) Baseline Amount for Calculating Allowance for Enlisted
Members.--Section 402(b) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(4) For purposes of implementing paragraph (2), the monthly rate of
basic allowance for subsistence that was in effect for an enlisted
member for calendar year 2001 is deemed to be $233.''.
(b) Rate for Enlisted Members When Messing Facilities Not
Available.--(1) Notwithstanding section 402 of title 37, United States
Code, 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, may prescribe a rate of basic allowance for subsistence to apply
to enlisted members of the uniformed services when messing facilities of
the United States are not available. The rate may be higher than the
rate of basic allowance for subsistence that would otherwise be
applicable to the members under that section, but may not be higher than
the highest rate that was in effect for enlisted members of the
uniformed services under those circumstances before the date of the
enactment of this Act.
(2) Paragraph (1) shall cease to be effective on the first day of the
first month for which the basic allowance for subsistence calculated for
enlisted members of the uniformed services under section 402 of title
37, United States Code, exceeds the rate of the basic allowance for
subsistence prescribed under paragraph (1).
(c) Continuation of BAS Transitional Authority.--Notwithstanding the
repeal of subsections (c) through (f) of section 602 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105 85; 37
U.S.C. 402 note) by section 603(c) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106 398; 114 Stat. 1654A 145), the basic allowance for
subsistence shall be paid in accordance with such subsections for
October, November, and December of 2001.
(d) Eligibility for Supplemental Subsistence Allowance.--Section
402a(b)(1) of title 37, United States Code, is amended by inserting
``with dependents'' after ``a member of the armed forces''.
SEC. 605. ELIGIBILITY FOR TEMPORARY HOUSING ALLOWANCE WHILE IN
TRAVEL OR LEAVE STATUS BETWEEN PERMANENT DUTY STATIONS.
(a) Repeal of Pay Grade Limitation.--Section 403(i) of title 37,
United States Code, is amended by striking ``who is in a pay grade E 4
(4 or more years of service) or above''.
(b) Effective Date; Application.--The amendment made by this section
shall take effect on January 1, 2003, and apply to members of the
uniformed services in a travel or leave status between permanent duty
stations on or after that date.
SEC. 606. UNIFORM ALLOWANCE FOR OFFICERS.
(a) Relation to Initial Uniform Allowance.--Section 416(b)(1) of
title 37, United States Code, is amended by striking ``$200'' and
inserting ``$400''.
(b) Effective Date.--The amendment made by this section shall take
effect as of October 1, 2000.
SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS ELECTING
UNACCOMPANIED TOUR BY REASON OF HEALTH LIMITATIONS OF DEPENDENTS.
(a) Entitlement to Allowance.--Section 427(c) of title 37, United
States Code, is amended--
(1) by striking ``A member'' in the first sentence and inserting
``(1) Except as provided in paragraph (2) or (3), a member'';
(2) in the second sentence, by striking ``The Secretary concerned
may waive the preceding sentence'' and inserting the following:
``(3) The Secretary concerned may waive paragraph (1)''; and
(3) by inserting after the first sentence the following new paragraph:
``(2) The prohibition in the first sentence of paragraph (1) does not
apply to a member who elects to serve an unaccompanied tour of duty
because a dependent cannot accompany the member to or at that permanent
station for certified medical reasons.''.
(b) Application of Amendment.--Paragraph (2) of section 427(c) of
title 37, United States Code, as added by subsection (a)(3), shall apply
with respect to pay periods beginning on or after January 1, 2002, for a
member of the uniformed services covered by such paragraph regardless of
the date on which the member first made the election to serve an
unaccompanied tour of duty.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS 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, 2001'' and inserting ``December 31,
2002''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such title
is amended by striking ``December 31, 2001'' and inserting ``December
31, 2002''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section 308h(g)
of such title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of such title is
amended by striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(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, 2002'' and inserting
``January 1, 2003''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS 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,
2001'' and inserting ``December 31, 2002''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2001'' and inserting ``December 31, 2002''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section 302e(a)(1)
of title 37, United States Code, is amended by striking ``December 31,
2001'' and inserting ``December 31, 2002''.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title is
amended by striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of such
title is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(d) Retention Bonus for Members With Critical Military
Skills.--Section 323(i) of such title is amended by striking ``December
31, 2001'' and inserting ``December 31, 2002''.
SEC. 615. HAZARDOUS DUTY PAY FOR MEMBERS OF MARITIME VISIT,
BOARD, SEARCH, AND SEIZURE TEAMS.
(a) Additional Type of Duty Eligible for Pay.--Section 301(a) of
title 37, United States Code, is amended--
(1) in paragraph (10), by striking ``or'' at the end;
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following new paragraph:
``(11) involving regular participation as a member of a team
conducting visit, board, search, and seizure operations aboard vessels
in support of maritime interdiction operations; or''.
(b) Monthly Amount.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``(10)'' and inserting ``(11)''; and
(2) in paragraph (2)(A), by striking ``(11)'' and inserting ``(12)''.
(c) Application of Amendment.--Paragraph (11) of section 301(a) of
title 37, United States Code, as added by subsection (a)(3), shall apply
to duty described in such paragraph that is performed on or after
January 1, 2002.
SEC. 616. ELIGIBILITY FOR CERTAIN CAREER CONTINUATION BONUSES
FOR EARLY COMMITMENT TO REMAIN ON ACTIVE DUTY.
(a) Aviation Officers.--Section 301b(b)(4) of title 37, United States
Code, is amended by inserting before the period at the end the
following: ``or is within one year of completing such commitment''.
(b) Surface Warfare Officers.--Section 319(a)(3) of such title is
amended by inserting before the period at the end the following: ``or is
within one year of completing such commitment''.
SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUBMARINE DUTY
INCENTIVE PAY RATES.
(a) Authority of Secretary of the Navy; Maximum Rate.--Subsection (b)
of section 301c of title 37, United States Code, is amended to read as
follows:
``(b) Monthly Rates.--The Secretary of the Navy shall prescribe the
monthly rates of submarine duty incentive pay, except that the maximum
monthly rate may not exceed $1,000.''.
(b) Conforming and Clerical Amendments.--Such section is further
amended--
(1) in subsection (a)--
(A) by inserting `` Eligibility Requirements.--'' after ``(a)''; and
(B) by striking ``set forth in'' each place it appears and inserting
``prescribed pursuant to'';
(2) in subsection (c), by inserting `` Exceptions.--'' after
``(c)''; and
(3) in subsection (d)--
(A) by inserting `` Applicability to Certain Naval Reserve Duty.--''
after ``(d)''; and
(B) by striking ``authorized by'' and inserting ``prescribed
pursuant to''.
(c) Transition.--The tables set forth in subsection (b) of section
301c of title 37, United States Code, as in effect on the day before the
date of the enactment of this Act, shall continue to apply until the
later of the following:
(1) January 1, 2002.
(2) The date on which the Secretary of the Navy prescribes new
submarine duty incentive pay rates as authorized by the amendment made
by subsection (a).
SEC. 618. CONFORMING ACCESSION BONUS FOR DENTAL OFFICERS
AUTHORITY WITH AUTHORITIES FOR OTHER SPECIAL PAY AND BONUSES.
Section 302h(a)(1) of title 37, United States Code, is amended by
striking ``the date of the enactment of this section, and ending on
September 30, 2002'' and inserting ``September 23, 1996, and ending on
December 31, 2002''.
SEC. 619. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR
INDIVIDUAL READY RESERVE BONUS FOR REENLISTMENT, ENLISTMENT, OR
EXTENSION OF ENLISTMENT.
(a) Eligibility Based on Qualifications in Critically Short Wartime
Skills or Specialties.--Subsection (a) of section 308h of title 37,
United States Code, is amended to read as follows:
``(a) Authority and Eligibility Requirements.--(1) The Secretary
concerned may pay a bonus as provided in subsection (b) to an eligible
person who reenlists, enlists, or voluntarily extends an enlistment in a
reserve component of an armed force for assignment to an element (other
than the Selected Reserve) of the Ready Reserve of that armed force if
the reenlistment, enlistment, or extension is for a period of three
years, or for a period of six years, beyond any other period the person
is obligated to serve.
``(2) A person is eligible for a bonus under this section if the
person--
``(A) is or has been a member of an armed force;
``(B) is qualified in a skill or specialty designated by the
Secretary concerned as a critically short wartime skill or critically
short wartime specialty; and
``(C) has not failed to complete satisfactorily any original term of
enlistment in the armed forces.
``(3) For the purposes of this section, the Secretary concerned may
designate a skill or specialty as a critically short wartime skill or
critically short wartime specialty for an armed force under the
jurisdiction of the Secretary if the Secretary determines that--
``(A) the skill or specialty is critical to meet wartime
requirements of the armed force; and
``(B) there is a critical shortage of personnel in that armed force
who are qualified in that skill or specialty.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (b), by inserting `` Bonus Amounts; Payment.--''
after ``(b)'';
(2) in subsection (c), by inserting `` Repayment of Bonus.--'' after
``(c)'';
(3) in subsection (d), by inserting `` Treatment of Reimbursement
Obligation.--'' after ``(d)'';
(4) in subsection (e), by inserting `` Effect of Bankruptcy.--''
after ``(e)'';
(5) in subsection (f), by inserting `` Regulations.--'' after
``(f)''; and
(6) in subsection (g), by inserting `` Termination of Authority.--''
after ``(g)''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries of the military departments shall
prescribe such regulations as may be necessary for administering
subsection (a) of section 308h of title 37, United States Code, as
amended by this section.
(d) Application of Amendment.--Subsection (a) of section 308h of
title 37, United States Code, as amended by this section, shall apply
with respect to reserve component reenlistments, enlistments, and
extensions of enlistments that are executed on or after the first day of
the first month that begins more than 180 days after the date of the
enactment of this Act. Subsection (a) of such section 308h, as in effect
on the day before the date of the enactment of this Act, shall continue
to apply with respect to reserve component reenlistments, enlistments,
and extensions of enlistments that are executed before the first day of
that first month.
SEC. 620. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR CAREER STATUS BONUS.
(a) Member Election.--Section 322(d) of title 37, United States Code,
is amended--
(1) in paragraph (1), by striking ``paid in a single lump sum of''
and inserting ``equal to'';
(2) by redesignating paragraph (2) as paragraph (4), and in such
paragraph, by striking ``The bonus'' and inserting ``The lump sum
payment of the bonus, and the first installment payment in the case of
members who elect to receive the bonus in installments,''; and
(3) by inserting after paragraph (1) the following new paragraphs:
``(2) A member electing to receive the bonus under this section shall
elect one of the following payment options:
``(A) A single lump sum of $30,000.
``(B) Two installments of $15,000 each.
``(C) Three installments of $10,000 each.
``(D) Four installments of $7,500 each.
``(E) Five installments of $6,000 each.
``(3) If a member elects installment payments under paragraph (2),
the second installment (and subsequent installments, as applicable)
shall be paid on the earlier of the following dates:
``(A) The annual anniversary date of the payment of the first
installment.
``(B) January 15 of each succeeding calendar year.''.
(b) Application to Existing Agreements.--The Secretary concerned (as
defined in section 101(5) of title 37, United States Code) shall extend
to each member of the uniformed services who has executed the written
agreement required by subsection (a)(2) of section 322 of such title
before the date of the enactment of this Act, but who has not received
the lump sum payment by that date, an opportunity to make the election
authorized by subsection (d) of such section, as amended by this
section.
SEC. 621. ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.
(a) Bonus Authorized.--Chapter 5 of title 37, United States Code, is
amended by adding at the end the following new section:
``324. Special pay: accession bonus for new officers in critical skills
``(a) Accession Bonus Authorized.--Under regulations prescribed by
the Secretary concerned, a person who executes a written agreement to
accept a commission as an officer of the armed forces and serve on
active duty in a designated critical officer skill for the period
specified in the agreement may, upon acceptance of the agreement by the
Secretary concerned, be paid an accession bonus in an amount determined
by the Secretary concerned.
``(b) Designation of Critical Officer Skills.--(1) The Secretary
concerned shall designate the critical officer skills for the purposes
of this section. A skill may be designated as a critical officer skill
for an armed force under this subsection if--
``(1) in order to meet requirements of the armed force, it is
critical for the armed force to have a sufficient number of officers who
are qualified in that skill; and
``(2) in order to mitigate a current or projected significant
shortage of personnel in the armed force who are qualified in that
skill, it is critical to access into that armed force in sufficient
numbers persons who are qualified in that skill or are to be trained in
that skill.
``(c) Limitation on Amount of Bonus.--The amount of an accession
bonus under subsection (a) may not exceed $60,000.
``(d) Payment Method.--Upon acceptance of a written agreement under
subsection (a) by the Secretary concerned, the total amount of the
accession bonus payable under the agreement becomes fixed. The agreement
shall specify whether the accession bonus will be paid by the Secretary
in a lump sum or installments.
``(e) Relation to Other Accession Bonus Authority.--An individual may
not receive an accession bonus under this section and section 302d,
302h, 302j, or 312b of this title for the same period of service.
``(f) Repayment for Failure To Commence or Complete Obligated
Service.--(1) An individual who, after having received all or part of
the accession bonus under an agreement referred to in subsection (a),
fails to accept a commission as an officer or to commence or complete
the total period of active duty service specified in the agreement shall
repay to the United States the amount that bears the same ratio to the
total amount of the bonus authorized for such person as the unserved
part of the period of agreed active duty service bears to the total
period of the agreed active duty service. However, the amount required
to be repaid by the individual may not exceed the amount of the
accession bonus that was paid to the individual.
``(2) Subject to paragraph (3), an obligation to repay the United
States imposed under paragraph (1) is for all purposes a debt owed to
the United States. A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an agreement
entered into under subsection (a) does not discharge the individual
signing the agreement from a debt arising under such agreement or under
paragraph (1).
``(3) The Secretary concerned may waive, in whole or in part, the
repayment requirement under paragraph (1) on a case-by-case basis if the
Secretary concerned determines that repayment would be against equity
and good conscience or would be contrary to the best interests of the
United States.
``(g) Termination of Authority.--No agreement under this section may
be entered into after December 31, 2002.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``324. Special pay: accession bonus for new officers in critical
skills.''.
SEC. 622. EDUCATION SAVINGS PLAN TO ENCOURAGE REENLISTMENTS
AND EXTENSIONS OF SERVICE IN CRITICAL SPECIALTIES.
(a) Establishment of Savings Plan.--(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 324, as added by
section 621, the following new section:
``325. Incentive bonus: savings plan for education expenses
and other contingencies
``(a) Benefit and Eligibility.--The Secretary concerned may purchase
United States savings bonds under this section for a member of the armed
forces who is eligible as follows:
``(1) A member who, before completing three years of service on
active duty, enters into a commitment to perform qualifying service.
``(2) A member who, after completing three years of service on
active duty, but not more than nine years of service on active duty,
enters into a commitment to perform qualifying service.
``(3) A member who, after completing nine years of service on active
duty, enters into a commitment to perform qualifying service.
``(b) Qualifying Service.--For the purposes of this section,
qualifying service is service on active duty in a specialty designated
by the Secretary concerned as critical to meet requirements (whether or
not such specialty is designated as critical to meet wartime or
peacetime requirements) for a period that--
``(1) is not less than six years; and
``(2) does not include any part of a period for which the member is
obligated to serve on active duty under an enlistment or other agreement
for which a benefit has previously been paid under this section.
``(c) Forms of Commitment to Additional Service.--For the purposes of
this section, a commitment means--
``(1) in the case of an enlisted member, a reenlistment; and
``(2) in the case of a commissioned officer, an agreement entered
into with the Secretary concerned.
``(d) Amounts of Bonds.--The total of the face amounts of the United
States savings bonds authorized to be purchased for a member under this
section for a commitment shall be as follows:
``(1) In the case of a purchase for a member under paragraph (1) of
subsection (a), $5,000.
``(2) In the case of a purchase for a member under paragraph (2) of
subsection (a), the amount equal to the excess of $15,000 over the total
of the face amounts of any United States savings bonds previously
purchased for the member under this section.
``(3) In the case of a purchase for a member under paragraph (3) of
subsection (a), the amount equal to the excess of $30,000 over the total
of the face amounts of any United States savings bonds previously
purchased for the member under this section.
``(e) Total Amount of Benefit.--The total amount of the benefit
authorized for a member when United States savings bonds are purchased
for the member under this section by reason of a commitment by that
member shall be the sum of--
``(1) the purchase price of the United States savings bonds; and
``(2) the amounts that would be deducted and withheld for the
payment of individual income taxes if the total amount computed under
this subsection for that commitment were paid to the member as a bonus.
``(f) Amount Withheld for Taxes.--The total amount payable for a
member under subsection (e)(2) for a commitment by that member shall be
withheld, credited, and otherwise treated in the same manner as amounts
deducted and withheld from the basic pay of the member.
``(g) Repayment for Failure To Complete Obligated Service.--(1) If a
person fails to complete the qualifying service for which the person is
obligated under a commitment for which a benefit has been paid under
this section, the person shall refund to the United States the amount
that bears the same ratio to the total amount paid for the person (as
computed under subsection (e)) for that particular commitment as the
uncompleted part of the period of qualifying service bears to the total
period of the qualifying service for which obligated.
``(2) Subject to paragraph (3), 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 concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an enlistment or other
agreement under this section does not discharge the person signing such
enlistment or other agreement from a debt arising under the enlistment
or agreement, respectively, or this subsection.
``(h) Relationship to Other Special Pays.--The benefit authorized
under this section is in addition to any other bonus or incentive or
special pay that is paid or payable to a member under any other
provision of this chapter for any portion of the same qualifying
service.
``(i) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under his jurisdiction and by the Secretary of Transportation for the
Coast Guard when the Coast Guard is not operating as a service in the
Navy.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 324, as added by section
621(b), the following new item:
``325. Incentive bonus: savings plan for education expenses and
other contingencies.''.
(b) Application of Amendment.--Section 325 of title 37, United States
Code, as added by subsection (a), shall apply with respect to
reenlistments and other agreements for qualifying service, as described
in that section, that are entered into on or after October 1, 2001.
(c) Funding For Fiscal Year 2002.--Of the amount authorized to be
appropriated to the Department of Defense for military personnel for
fiscal year 2002 by section 421, $20,000,000 may be available in that
fiscal year for the purchase of United States savings bonds under
section 325 of title 37, United States Code, as added by subsection (a).
SEC. 623. CONTINUATION OF PAYMENT OF SPECIAL AND INCENTIVE PAY
AT UNREDUCED RATES DURING STOP LOSS PERIODS.
(a) Authority To Continue.--(1) Chapter 17 of title 37, United States
Code, is amended by adding at the end the following new section:
``909. Special and incentive pay: payment at unreduced rates
during suspension of personnel laws
``(a) Authority To Continue Payment at Unreduced Rates.--To ensure
fairness and recognize the contributions of members of the armed forces
to military essential missions, the Secretary of the military department
concerned may authorize members who are involuntarily retained on active
duty under section 123 or 12305 of title 10 or any other provision of
law and who, immediately before retention on active duty, were entitled
or eligible for special pay or incentive pay under chapter 5 of this
title, to receive that special pay or incentive pay for qualifying
service performed during the retention period, without a reduction in
the payment rate below the rate the members received immediately before
retention on active duty, notwithstanding any requirement otherwise
applicable to that special pay or incentive pay that would reduce the
payment rate by reason of the years of service of the members.
``(b) Suspension During Time of War.--Subsection (a) does not apply
with respect to a special pay or incentive pay under chapter 5 of this
title, whenever the authority to provide that special pay or incentive
pay is suspended by the President or the Secretary of Defense during a
time of war.
``(c) Qualifying Service Defined.--In this section, the term
`qualifying service' means service for which a particular special pay or
incentive pay is payable under the authority of a provision of chapter 5
of this title.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``909. Special and incentive pay: payment at unreduced rates
during suspension of personnel laws.''.
(b) Application of Amendments.--Section 909 of title 37, United
States Code, as added by subsection (a)(1), shall apply with respect to
pay periods beginning after September 11, 2001.
SEC. 624. RETROACTIVE AUTHORIZATION FOR IMMINENT DANGER PAY
FOR SERVICE IN CONNECTION WITH OPERATION ENDURING FREEDOM.
(a) Retroactive Authorization.--The Secretary of Defense may provide
for the payment of imminent danger pay under section 310 of title 37,
United States Code, to members of the Armed Forces assigned to duty in
the areas specified in subsection (b) in connection with the contingency
operation known as Operation Enduring Freedom with respect to periods of
duty served in those areas during the period beginning on September 19,
2001, and ending October 31, 2001.
(b) Specified Areas.--The areas referred to in subsection (a) are the
following:
(1) The land areas of Kyrgyzstan, Oman, the United Arab Emirates,
and Uzbekistan.
(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, and the Arabian
Sea (that portion north of 10 north latitude and west of 68 east
longitude).
Subtitle C--Travel and Transportation Allowances
SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND TRANSPORTATION
ALLOWANCE FOR TRAVEL PERFORMED UPON A CHANGE OF PERMANENT STATION AND
CERTAIN OTHER TRAVEL.
Section 404(d) of title 37, United States Code, is amended by adding
at the end the following new paragraph:
``(5) Effective January 1, 2003, the per diem rates established under
paragraph (2)(A) for travel performed in connection with a change of
permanent station or for travel described in paragraph (2) or (3) of
subsection (a) shall be equal to the standard per diem rates established
in the Federal travel regulation for travel within the continental
United States of civilian employees and their dependents, unless the
Secretaries concerned determine that a higher rate for members is more
appropriate.''.
SEC. 632. ELIGIBILITY FOR PAYMENT OF SUBSISTENCE EXPENSES
ASSOCIATED WITH OCCUPANCY OF TEMPORARY LODGING INCIDENT TO REPORTING TO
FIRST PERMANENT DUTY STATION.
(a) Inclusion of Officers.--Subsection (a)(2)(C) of section 404a of
title 37, United States Code, is amended by striking ``an enlisted
member'' and inserting ``a member''.
(b) Increase in Maximum Daily Authorized Rate.--Subsection (e) of
such section is amended by striking ``$110'' and inserting ``$180''.
(c) Effective Date; Application.--The amendments made by this section
shall take effect on January 1, 2002, and apply with respect to an order
issued on or after that date to a member of the uniformed services to
report to the member's first permanent duty station.
SEC. 633. REIMBURSEMENT OF MEMBERS FOR MANDATORY PET
QUARANTINE FEES FOR HOUSEHOLD PETS.
(a) Increase in Maximum Reimbursement Amount.--Section 406(a)(1) of
title 37, United States Code, is amended in the last sentence by
striking ``$275'' and inserting ``$550''.
(b) Application of Amendment.--The amendment made by subsection (a)
shall apply with respect to the reimbursement of members of the
uniformed services for mandatory pet quarantine fees incurred in
connection with the mandatory quarantine of a household pet underway on
the date of the enactment of this Act or beginning on or after that
date.
SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF
BAGGAGE AND HOUSEHOLD EFFECTS FOR JUNIOR ENLISTED MEMBERS.
(a) Increased Weight Allowances.--The table in section 406(b)(1)(C)
of title 37, United States Code, is amended--
(1) by striking the two footnotes; and
(2) by striking the items relating to pay grade E 1 through E 4 and
inserting the following new items:
``E 4 7,000 8,00014
``E 3 5,000 8,00014
``E 2 5,000 8,00014
``E 1 5,000 8,000''.
(b) Effective Date; Application.--The amendments made by this section
shall take effect on January 1, 2003, and apply with respect to an order
in connection with a change of temporary or permanent station issued on
or after that date.
SEC. 635. ELIGIBILITY OF ADDITIONAL MEMBERS FOR DISLOCATION ALLOWANCE.
(a) Eligibility for Primary Dislocation Allowance.--Subsection (a) of
section 407 of title 37, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following new
subparagraphs:
``(F) A member whose dependents actually move from the member's
place of residence in connection with the performance of orders for the
member to report to the member's first permanent duty station if the
move--
``(i) is to the permanent duty station or a designated location; and
``(ii) is an authorized move.
``(G) Each of two members married to each other who--
``(i) is without dependents;
``(ii) actually moves with the member's spouse to a new permanent
duty station; and
``(iii) is assigned to family quarters of the United States at or in
the vicinity of the new duty station.''; and
(2) by adding at the end the following new paragraph:
``(4) If a primary dislocation allowance is payable to two members
described in paragraph (2)(G) who are married to each other, the amount
of the allowance payable to such members shall be the amount otherwise
payable under this subsection to the member in the higher pay grade, or
to either member if both members are in the same pay grade. The
allowance shall be paid jointly to both members.''.
(b) Conforming Amendment.--Subsection (e) of such section is amended
by inserting ``(except as provided in subsection (a)(2)(F))'' after
``first duty station''.
(c) Application of Amendments.--The amendments made by this section
shall apply with respect to an order issued on or after January 1, 2002,
in connection with a change of permanent station or for a member of the
uniformed services to report to the member's first permanent duty
station.
SEC. 636. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED FOR HOUSING
MOVES ORDERED FOR GOVERNMENT CONVENIENCE.
(a) Authorization of Partial Dislocation Allowance.--Section 407 of
title 37, United States Code is amended--
(1) by redesignating subsections (f) and (g) as subsections (g) and
(h), respectively; and
(2) by inserting after subsection (e) the following new subsection:
``(f) Partial Dislocation Allowance.--(1) Under regulations
prescribed by the Secretary concerned, a member ordered to occupy or
vacate family housing provided by the United States to permit the
privatization or renovation of housing or for any other reason (other
than pursuant to a permanent change of station) may be paid a partial
dislocation allowance of $500.
``(2) Effective on the same date that the monthly rates of basic pay
for all members are increased under section 1009 of this title or
another provision of law, the Secretary of Defense shall adjust the rate
of the partial dislocation allowance authorized by this subsection by
the percentage equal to the average percentage increase in the rates of
basic pay.
``(3) Subsections (c) and (d) do not apply to the partial dislocation
allowance authorized by this subsection.''.
(b) Application of Amendment.--Subsection (f) of title 37, United
States Code, as added by subsection (a)(2), shall apply with respect to
an order to move for a member of a uniformed service that is issued on
or after the date of the enactment of this Act.
SEC. 637. ALLOWANCES FOR TRAVEL PERFORMED IN CONNECTION WITH
MEMBERS TAKING AUTHORIZED LEAVE BETWEEN CONSECUTIVE OVERSEAS TOURS.
Section 411b(a)(1) of title 37, United States Code, is amended by
striking ``, or his designee, or to a place no farther distant than his
home of record''.
SEC. 638. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY
MEMBERS TO ATTEND BURIAL OF A DECEASED MEMBER OF THE UNIFORMED SERVICES.
(a) Consolidation of Authorities.--Section 411f of title 37, United
States Code, is amended to read as follows:
``411f. Travel and transportation allowances: transportation
for survivors of deceased member to attend the member's burial
ceremonies
``(a) Allowances Authorized.--(1) The Secretary concerned may provide
round trip travel and transportation allowances to eligible relatives of
a member of the uniformed services who dies while on active duty or
inactive duty in order that the eligible relatives may attend the burial
ceremony of the deceased member.
``(2) The Secretary concerned may also provide round trip travel and
transportation allowances to an attendant who accompanies an eligible
relative provided travel and transportation allowances under paragraph
(1) for travel to the burial ceremony if the Secretary concerned
determines that--
``(A) the accompanied eligible relative is unable to travel
unattended because of age, physical condition, or other justifiable
reason; and
``(B) there is no other eligible relative of the deceased member
traveling to the burial ceremony who is eligible for travel and
transportation allowances under paragraph (1) and is qualified to serve
as the attendant.
``(b) Limitations.--(1) Except as provided in paragraphs (2) and (3),
allowances under subsection (a) are limited to travel and transportation
to a location in the United States, Puerto Rico, and the possessions of
the United States and may not exceed the rates for two days and the time
necessary for such travel.
``(2) If a deceased member was ordered or called to active duty from
a place outside the United States, Puerto Rico, or the possessions of
the United States, the allowances authorized under subsection (a) may be
provided to and from such place and may not exceed the rates for two
days and the time necessary for such travel.
``(3) If a deceased member is interred in a cemetery maintained by
the American Battle Monuments Commission, the travel and transportation
allowances authorized under subsection (a) may be provided to and from
such cemetery and may not exceed the rates for two days and the time
necessary for such travel.
``(c) Eligible Relatives.--(1) The following members of the family of
a deceased member of the uniformed services are eligible for the travel
and transportation allowances under subsection (a)(1):
``(A) The surviving spouse (including a remarried surviving spouse)
of the deceased member.
``(B) The unmarried child or children of the deceased member
referred to in section 401(a)(2) of this title.
``(C) If no person described in subparagraph (A) or (B) is provided
travel and transportation allowances under subsection (a)(1), the parent
or parents of the deceased member (as defined in section 401(b)(2) of
this title).
``(2) If no person described in paragraph (1) is provided travel and
transportation allowances under subsection (a)(1), the travel and
transportation allowances may be provided to--
``(A) the person who directs the disposition of the remains of the
deceased member under section 1482(c) of title 10, or, in the case of a
deceased member whose remains are commingled and buried in a common
grave in a national cemetery, the person who would have been designated
under such section to direct the disposition of the remains if
individual identification had been made; and
``(B) up to two additional persons closely related to the deceased
member who are selected by the person referred to in subparagraph (A).
``(d) Expanded Allowances Related to Recovery of Remains From Vietnam
Conflict.--(1) The Secretary of Defense may provide round trip travel
and transportation allowances for the family of a deceased member of the
armed forces who died while classified as a prisoner of war or as
missing in action during the Vietnam conflict and whose remains are
returned to the United States in order that the family members may
attend the burial ceremony of the deceased member.
``(2) The allowances under paragraph (1) shall include round trip
transportation from the places of residence of such family members to
the burial ceremony and such living expenses and other allowances as the
Secretary of Defense considers appropriate.
``(3) For purposes of paragraph (1), eligible family members of the
deceased member of the armed forces include the following:
``(A) The surviving spouse (including a remarried surviving spouse)
of the deceased member.
``(B) The child or children, including children described in section
401(b)(1) of this title, of the deceased member.
``(C) The parent or parents of the deceased member (as defined in
section 401(b)(2) of this title).
``(D) If no person described in subparagraph (A), (B), or (C) is
provided travel and transportation allowances under paragraph (1), any
brothers, sisters, halfbrothers, halfsisters, stepbrothers, and
stepsisters of the deceased member.
``(e) Burial Ceremony Defined.--In this section, the term `burial
ceremony' includes the following:
``(1) An interment of casketed or cremated remains.
``(2) A placement of cremated remains in a columbarium.
``(3) A memorial service for which reimbursement is authorized under
section 1482(d)(2) of title 10.
``(4) A burial of commingled remains that cannot be individually
identified in a common grave in a national cemetery.
``(f) Regulations.--The Secretaries concerned shall prescribe uniform
regulations to carry out this section.''.
(b) Repeal of Superseded Laws; Conforming Amendment.--(1) Section
1482 of title 10, United States Code, is amended by striking subsection
(d) and redesignating subsections (e), (f), and (g) as subsections (d),
(e), and (f), respectively.
(2) Section 1481(a)(9) of such title is amended by striking ``section
1482(g)'' and inserting ``section 1482(f)''.
(3) The Funeral Transportation and Living Expense Benefits Act of
1974 (Public Law 93 257; 37 U.S.C. 406 note) is repealed.
(c) Application of Amendment.--Section 411f of title 37, United
States Code, as amended by subsection (a), shall apply with respect to
burial ceremonies of deceased members of the uniformed services that
occur on or after the date of the enactment of this Act.
SEC. 639. FUNDED STUDENT TRAVEL FOR FOREIGN STUDY UNDER AN
EDUCATION PROGRAM APPROVED BY A UNITED STATES SCHOOL.
(a) Availability of Allowance.--Subsection (a) of section 430 of
title 37, United States Code, is amended to read as follows:
``(a) Availability of Allowance.--(1) Under regulations prescribed by
the Secretary of Defense, a member of a uniformed service may be paid
the allowance set forth in subsection (b) if the member--
``(A) is assigned to a permanent duty station outside the
continental United States;
``(B) is accompanied by the member's dependents at or near that duty
station (unless the member's only dependents are in the category of
dependent described in paragraph (2)); and
``(C) has an eligible dependent child described in paragraph (2).
``(2) An eligible dependent child of a member referred to in
paragraph (1)(C) is a child who--
``(A) is under 23 years of age and unmarried;
``(B) is enrolled in a school in the continental United States for
the purpose of obtaining a formal education; and
``(C) is attending that school or is participating in a foreign
study program approved by that school and, pursuant to that foreign
study program, is attending a school outside the United States for a
period of not more than one year.''.
(b) Type of Allowance Authorized.--Subsection (b) of such section is
amended--
(1) by inserting `` Allowance Authorized.--'' after ``(b)'';
(2) in the first sentence of paragraph (1), by striking ``each
unmarried dependent child,'' and all that follows through ``the school
being attended'' and inserting ``each eligible dependent child of the
member of one annual trip between the school being attended by that
child''; and
(3) by adding at the end the following new paragraph:
``(3) The transportation allowance paid under paragraph (1) for an
annual trip of an eligible dependent child who is attending a school
outside the United States may not exceed the transportation allowance
that would be paid under this section for the annual trip of that child
between the child's school in the continental United States and the
member's duty station outside the continental United States and
return.''.
(c) Clerical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (c), by inserting `` Use of Airlift and Sealift
Command.--'' after ``(c)'';
(2) in subsection (d)--
(A) by inserting `` Attendance at School in Alaska or Hawaii.--''
after ``(d)''; and
(B) by striking ``subsection (a)(3)'' and inserting ``subsection
(a)(2)'';
(3) in subsection (e), by inserting `` Exception.--'' after ``(e)'';
and
(4) in subsection (f), by inserting `` Definitions.--'' after ``(f)''.
(d) Application of Amendments.--The amendments made by this section
shall apply with respect to travel described in subsection (b) of
section 430 of title 37, United States Code, as amended by this section,
that commences on or after the date of the enactment of this Act.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF
MILITARY RETIRED PAY AND VETERANS' DISABILITY COMPENSATION AND
ENHANCEMENT OF SPECIAL COMPENSATION AUTHORITY.
(a) Restoration of Retired Pay Benefits.--Chapter 71 of title 10,
United States Code, is amended by adding at the end the following new
section:
``1414. Members eligible for retired pay who have
service-connected disabilities: payment of retired pay and veterans'
disability compensation; contingent authority
``(a) Payment of Both Retired Pay and Compensation.--Subject to
subsection (b), a member or former member of the uniformed services who
is entitled to retired pay (other than as specified in subsection (c))
and who is also entitled to veterans' disability compensation is
entitled to be paid both without regard to sections 5304 and 5305 of
title 38, subject to the enactment of qualifying offsetting legislation
as specified in subsection (f).
``(b) Special Rule for Chapter 61 Career Retirees.--The retired pay
of a member retired under chapter 61 of this title with 20 years or more
of service otherwise creditable under section 1405 of this title at the
time of the member's retirement is subject to reduction under sections
5304 and 5305 of title 38, but only to the extent that the amount of the
member's retired pay under chapter 61 of this title exceeds the amount
of retired pay to which the member would have been entitled under any
other provision of law based upon the member's service in the uniformed
services if the member had not been retired under chapter 61 of this
title.
``(c) Exception.--Subsection (a) does not apply to a member retired
under chapter 61 of this title with less than 20 years of service
otherwise creditable under section 1405 of this title at the time of the
member's retirement.
``(d) Definitions.--In this section:
``(1) The term `retired pay' includes retainer pay, emergency
officers' retirement pay, and naval pension.
``(2) The term `veterans' disability compensation' has the meaning
given the term `compensation' in section 101(12) of title 38.
``(e) Effective Date.--If qualifying offsetting legislation (as
defined in subsection (f)) is enacted, the provisions of subsection (a)
shall take effect on--
``(1) the first day of the first month beginning after the date of
the enactment of such qualifying offsetting legislation; or
``(2) the first day of the fiscal year that begins in the calendar
year in which such legislation is enacted, if that date is later than
the date specified in paragraph (1).
``(f) Effectiveness Contingent on Enactment of Offsetting
Legislation.--(1) The provisions of subsection (a) shall be effective
only if--
``(A) the President, in the budget for any fiscal year, proposes the
enactment of legislation that, if enacted, would be qualifying
offsetting legislation; and
``(B) after that budget is submitted to Congress, there is enacted
qualifying offsetting legislation.
``(2) In this subsection:
``(A) The term `qualifying offsetting legislation' means legislation
(other than an appropriations Act) that includes provisions that--
``(i) offset fully the increased outlays to be made by reason of the
provisions of subsection (a) for each of the first 10 fiscal years
beginning after the date of the enactment of such legislation;
``(ii) expressly state that they are enacted for the purpose of the
offset described in clause (i); and
``(iii) are included in full on the PayGo scorecard.
``(B) The term `PayGo scorecard' means the estimates that are made
by the Director of the Congressional Budget Office and the Director of
the Office of Management and Budget under section 252(d) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)) with
respect to the ten fiscal years following the date of the enactment of
the legislation that is qualifying offsetting legislation for purposes
of this section.''.
(b) Conforming Termination of Special Compensation Program.--Section
1413(a) of such title is amended by adding at the end the following new
sentence: ``If the provisions of subsection (a) of section 1414 of this
title become effective in accordance with subsection (f) of that
section, payments under this section shall be terminated effective as of
the month beginning on the effective date specified in subsection (e) of
that section.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1414. Members eligible for retired pay who have
service-connected disabilities: payment of retired pay and veterans'
disability compensation; contingent authority.''.
(d) Prohibition of Retroactive Benefits.--If the provisions of
subsection (a) of section 1414 of title 10, United States Code, becomes
effective in accordance with subsection (f) of that section, no benefit
may be paid to any person by reason of those provisions for any period
before the effective date specified in subsection (e) of that section.
(e) Enhancement of Special Compensation Authority.--(1) Subsection
(b) of section 1413 of title 10, United States Code, is amended by
striking paragraphs (1), (2), and (3) and inserting the following:
``(1) For payments for months beginning with February 2002 and
ending with December 2002, the following:
``(A) For any month for which the retiree has a qualifying
service-connected disability rated as total, $300.
``(B) For any month for which the retiree has a qualifying
service-connected disability rated as 90 percent, $200.
``(C) For any month for which the retiree has a qualifying
service-connected disability rated as 80 percent or 70 percent, $100.
``(D) For any month for which the retiree has a qualifying
service-connected disability rated as 60 percent, $50.
``(2) For payments for months beginning with January 2003 and ending
with September 2004, the following:
``(A) For any month for which the retiree has a qualifying
service-connected disability rated as total, $325.
``(B) For any month for which the retiree has a qualifying
service-connected disability rated as 90 percent, $225.
``(C) For any month for which the retiree has a qualifying
service-connected disability rated as 80 percent, $125.
``(D) For any month for which the retiree has a qualifying
service-connected disability rated as 70 percent, $100.
``(E) For any month for which the retiree has a qualifying
service-connected disability rated as 60 percent, $50.
``(3) For payments for months after September 2004, the following:
``(A) For any month for which the retiree has a qualifying
service-connected disability rated as total, $350.
``(B) For any month for which the retiree has a qualifying
service-connected disability rated as 90 percent, $250.
``(C) For any month for which the retiree has a qualifying
service-connected disability rated as 80 percent, $150.
``(D) For any month for which the retiree has a qualifying
service-connected disability rated as 70 percent, $125.
``(E) For any month for which the retiree has a qualifying
service-connected disability rated as 60 percent, $50.''.
(2) Subsection (d)(2) of such section is amended by striking ``70
percent'' and inserting ``60 percent''.
(3) The amendments made by this subsection shall take effect on
February 1, 2002.
SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING
SPOUSES OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY AND NOT ELIGIBLE FOR
RETIREMENT.
(a) Surviving Spouse Annuity.--Paragraph (1) of section 1448(d) of
title 10, United States Code, is amended to read as follows:
``(1) Surviving spouse annuity.--The Secretary concerned shall pay
an annuity under this subchapter to the surviving spouse of--
``(A) a member who dies while on active duty after--
``(i) becoming eligible to receive retired pay;
``(ii) qualifying for retired pay except that the member has not
applied for or been granted that pay; or
``(iii) completing 20 years of active service but before the member
is eligible to retire as a commissioned officer because the member has
not completed 10 years of active commissioned service; or
``(B) a member not described in subparagraph (A) who dies in line of
duty while on active duty.''.
(b) Computation of Annuity.--Section 1451(c)(1) of such title is
amended--
(1) in subparagraph (A)--
(A) by striking ``based upon his years of active service when he
died.'' and inserting ``when he died determined as follows:
``(i) In the case of an annuity provided under section 1448(d) of
this title (other than in a case covered by clause (ii)), such retired
pay shall be computed as if the member had been retired under section
1201 of this title on the date of the member's death with a disability
rated as total.
``(ii) In the case of an annuity provided under section
1448(d)(1)(A) of this title by reason of the death of a member not in
line of duty, such retired pay shall be computed based upon the member's
years of active service when he died.
``(iii) In the case of an annuity provided under section 1448(f) of
this title, such retired pay shall be computed based upon the member or
former member's years of active service when he died computed under
section 12733 of this title.''; and
(2) in subparagraph (B)(i), by striking ``if the member or former
member'' and all that follows and inserting ``as determined under
subparagraph (A).''.
(c) Conforming Amendments.--(1) The heading for subsection (d) of
section 1448 of such title is amended by striking ``
Retirement-Eligible''.
(2) Subsection (c)(3) of section 1451 of such title is amended by
striking ``1448(d)(1)(B) or 1448(d)(1)(C)'' and inserting ``clause (ii)
or (iii) of section 1448(d)(1)(A)''.
(d) Effective Date.--The amendments made by this section shall take
effect as of September 10, 2001, and shall apply with respect to deaths
of members of the Armed Forces occurring on or after that date.
Subtitle E--Other Matters
SEC. 651. PAYMENT FOR UNUSED LEAVE IN EXCESS OF 60 DAYS
ACCRUED BY MEMBERS OF RESERVE COMPONENTS ON ACTIVE DUTY FOR ONE YEAR OR
LESS.
(a) Eligibility.--Section 501(b)(5) of title 37, United States Code,
is amended by--
(1) striking ``or'' at the end of subparagraph (B);
(2) striking the period at the end of subparagraph (C) and inserting
``; or''; and
(3) adding at the end the following new subparagraph:
``(D) by a member of a reserve component while serving on active
duty, full-time National Guard duty, or active duty for training for a
period of more than 30 days but not in excess of 365 days.''.
(b) Application of Amendment.--Subparagraph (D) of section 501(b)(5)
of title 37, United States Code, as added by subsection (a)(3), shall
apply with respect to periods of active duty beginning on or after
October 1, 2001.
SEC. 652. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR
FAMILIES OF MEMBERS OF THE ARMED FORCES.
(a) Authority.--During fiscal year 2002, the Secretary of Defense may
provide assistance for families of members of the Armed Forces serving
on active duty in order to ensure that the children of such members
obtain needed child care, education, and other youth services.
(b) Primary Purpose of Assistance.--The assistance authorized by this
section should be directed primarily toward providing needed family
support, including child care, education, and other youth services, for
children of members of the Armed Forces who are deployed, assigned to
duty, or ordered to active duty in connection with the contingency
operation known as Operation Enduring Freedom.
SEC. 653. AUTHORIZATION OF TRANSITIONAL COMPENSATION AND
COMMISSARY AND EXCHANGE BENEFITS FOR DEPENDENTS OF COMMISSIONED OFFICERS
OF THE PUBLIC HEALTH SERVICE AND THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION WHO ARE SEPARATED FOR DEPENDENT ABUSE.
(a) Commissioned Officers of the Public Health Service.--Section
221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended
by adding at the end the following new paragraph:
``(17) Section 1059, Transitional compensation and commissary and
exchange benefits for dependents of members separated for dependent
abuse.''.
(b) Commissioned Officers of the National Oceanic and Atmospheric
Administration.--Section 3(a) of the Act entitled ``An Act to revise,
codify, and enact into law, title 10 of the United States Code, entitled
`Armed Forces', and title 32 of the United States Code, entitled
`National Guard''', approved August 10, 1956 (33 U.S.C. 857a(a)), is
amended by adding at the end the following new paragraph:
``(17) Section 1059, Transitional compensation and commissary and
exchange benefits for dependents of members separated for dependent
abuse.''.
SEC. 654. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL BY MEMBERS OF THE ARMED FORCES WITH CRITICAL
MILITARY SKILLS.
(a) Authority To Transfer to Family Members.--(1) Subchapter II of
chapter 30 of title 38, United States Code, is amended by adding at the
end the following new section:
``3020. Transfer of entitlement to basic educational
assistance: members of the Armed Forces with critical military skills
``(a) In General.--Subject to the provisions of this section, each
Secretary concerned may, for the purpose of enhancing recruitment and
retention of members of the Armed Forces with critical military skills
and at such Secretary's sole discretion, permit an individual described
in subsection (b) who is entitled to basic educational assistance under
this subchapter to elect to transfer to one or more of the dependents
specified in subsection (c) a portion of such individual's entitlement
to such assistance, subject to the limitation under subsection (d).
``(b) Eligible Individuals.--An individual referred to in subsection
(a) is any member of the Armed Forces who, at the time of the approval
by the Secretary concerned of the member's request to transfer
entitlement to basic educational assistance under this section--
``(1) has completed six years of service in the Armed Forces;
``(2) either--
``(A) has a critical military skill designated by the Secretary
concerned for purposes of this section; or
``(B) is in a military specialty designated by the Secretary
concerned for purposes of this section as requiring critical military
skills; and
``(3) enters into an agreement to serve at least four more years as
a member of the Armed Forces.
``(c) Eligible Dependents.--An individual approved to transfer an
entitlement to basic educational assistance under this section may
transfer the individual's entitlement as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in paragraphs
(1) and (2).
``(d) Limitation on Months of Transfer.--The total number of months
of entitlement transferred by an individual under this section may not
exceed 18 months.
``(e) Designation of Transferee.--An individual transferring an
entitlement to basic educational assistance under this section shall--
``(1) designate the dependent or dependents to whom such entitlement
is being transferred;
``(2) designate the number of months of such entitlement to be
transferred to each such dependent; and
``(3) specify the period for which the transfer shall be effective
for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1) Subject to
the time limitation for use of entitlement under section 3031 of this
title, an individual approved to transfer entitlement to basic
educational assistance under this section may transfer such entitlement
at any time after the approval of the individual's request to transfer
such entitlement without regard to whether the individual is a member of
the Armed Forces when the transfer is executed.
``(2)(A) An individual transferring entitlement under this section
may modify or revoke at any time the transfer of any unused portion of
the entitlement so transferred.
``(B) The modification or revocation of the transfer of entitlement
under this paragraph shall be made by the submittal of written notice of
the action to both the Secretary concerned and the Secretary of Veterans
Affairs.
``(g) Commencement of Use.--A dependent to whom entitlement to basic
educational assistance is transferred under this section may not
commence the use of the transferred entitlement until--
``(1) in the case of entitlement transferred to a spouse, the
completion by the individual making the transfer of six years of service
in the Armed Forces; or
``(2) in the case of entitlement transferred to a child, both--
``(A) the completion by the individual making the transfer of 10
years of service in the Armed Forces; and
``(B) either--
``(i) the completion by the child of the requirements of a secondary
school diploma (or equivalency certificate); or
``(ii) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the individual
making the transfer at the rate of one month for each month of
transferred entitlement that is used.
``(2) Except as provided under subsection (e)(2) and subject to
paragraphs (4) and (5), a dependent to whom entitlement is transferred
under this section is entitled to basic educational assistance under
this subchapter in the same manner and at the same rate as the
individual from whom the entitlement was transferred.
``(3) The death of an individual transferring an entitlement under
this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
``(4) Notwithstanding section 3031 of this title, a child to whom
entitlement is transferred under this section may not use any
entitlement so transferred after attaining the age of 26 years.
``(5) The administrative provisions of this chapter (including the
provisions set forth in section 3034(a)(1) of this title) shall apply to
the use of entitlement transferred under this section, except that the
dependent to whom the entitlement is transferred shall be treated as the
eligible veteran for purposes of such provisions.
``(6) The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall include
the pursuit and completion of the requirements of a secondary school
diploma (or equivalency certificate).
``(i) Overpayment.--(1) In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitlement
is transferred under this section, the dependent and the individual
making the transfer shall be jointly and severally liable to the United
States for the amount of the overpayment for purposes of section 3685 of
this title.
``(2) Except as provided in paragraph (3), if an individual
transferring entitlement under this section fails to complete the
service agreed to by the individual under subsection (b)(3) in
accordance with the terms of the agreement of the individual under that
subsection, the amount of any transferred entitlement under this section
that is used by a dependent of the individual as of the date of such
failure shall be treated as an overpayment of basic educational
assistance under paragraph (1).
``(3) Paragraph (2) shall not apply in the case of an individual who
fails to complete service agreed to by the individual--
``(A) by reason of the death of the individual; or
``(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I) of
this title.
``(j) Approvals of Transfer Subject to Availability of
Appropriations.--The Secretary concerned may approve transfers of
entitlement to basic educational assistance under this section in a
fiscal year only to the extent that appropriations for military
personnel are available in that fiscal year for purposes of making
deposits in the Department of Defense Education Benefits Fund under
section 2006 of title 10 in that fiscal year to cover the present value
of future benefits payable from the Fund for the Department of Defense
portion of payments of basic educational assistance attributable to
increased usage of benefits as a result of such transfers of entitlement
in that fiscal year.
``(k) Regulations.--The Secretary of Defense shall prescribe
regulations for purposes of this section. Such regulations shall specify
the manner and effect of an election to modify or revoke a transfer of
entitlement under subsection (f)(2) and shall specify the manner of the
applicability of the administrative provisions referred to in subsection
(h)(5) to a dependent to whom entitlement is transferred under this
section.
``(l) Annual Report.--(1) Not later than January 31 each year
(beginning in 2003), the Secretary of Defense shall submit to the
Committees on Armed Services and the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the transfers of
entitlement to basic educational assistance under this section that were
approved by each Secretary concerned during the preceding fiscal year.
``(2) Each report shall set forth--
``(A) the number of transfers of entitlement under this section that
were approved by such Secretary during the preceding fiscal year; or
``(B) if no transfers of entitlement under this section were
approved by such Secretary during that fiscal year, a justification for
such Secretary's decision not to approve any such transfers of
entitlement during that fiscal year.
``(m) Secretary Concerned Defined.--Notwithstanding section 101(25)
of this title, in this section, the term `Secretary concerned' means--
``(1) the Secretary of the Army with respect to matters concerning
the Army;
``(2) the Secretary of the Navy with respect to matters concerning
the Navy or the Marine Corps;
``(3) the Secretary of the Air Force with respect to matters
concerning the Air Force; and
``(4) the Secretary of the Defense with respect to matters
concerning the Coast Guard, or the Secretary of Transportation when it
is not operating as a service in the Navy.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 3019 the following new
item:
``3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces with critical military skills.''.
(b) Treatment Under Department of Defense Education Benefits
Fund.--Section 2006(b)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(D) The present value of future benefits payable from the Fund for
the Department of Defense portion of payments of educational assistance
under subchapter II of chapter 30 of title 38 attributable to increased
usage of benefits as a result of transfers of entitlement to basic
educational assistance under section 3020 of that title during such
period.''.
(c) Plan for Implementation.--Not later than June 30, 2002, the
Secretary of Defense shall submit to Congress a report describing the
manner in which the Secretaries of the military departments and the
Secretary of Transportation propose to exercise the authority granted by
section 3020 of title 38, United States Code, as added by subsection
(a). The report shall include the regulations prescribed under
subsection (k) of that section for purposes of the exercise of the
authority.
(d) Funding for Fiscal Year 2002.--Of the amount authorized to be
appropriated to the Department of Defense for military personnel for
fiscal year 2002 by section 421, $30,000,000 may be available in fiscal
year 2002 for deposit into the Department of Defense Education Benefits
Fund under section 2006 of title 10, United States Code, for purposes of
covering payments of amounts under subparagraph (D) of section
2006(b)(2) of such title (as added by subsection (b)), as a result of
transfers of entitlement to basic educational assistance under section
3020 of title 38, United States Code (as added by subsection (a)).
TITLE VII--HEALTH CARE PROVISIONS
SUBTITLE A--TRICARE PROGRAM IMPROVEMENTS
Sec. 701. Sub-acute and long-term care program reform.
Sec. 702. Prosthetics and hearing aids.
Sec. 703. Durable medical equipment.
Sec. 704. Rehabilitative therapy.
Sec. 705. Report on mental health benefits.
Sec. 706. Clarification of eligibility for reimbursement of travel
expenses of adult accompanying patient in travel for specialty care.
Sec. 707. TRICARE program limitations on payment rates for
institutional health care providers and on balance billing by
institutional and noninstitutional health care providers.
Sec. 708. Improvements in administration of the TRICARE program.
SUBTITLE B--SENIOR HEALTH CARE
Sec. 711. Clarifications and improvements regarding the Department
of Defense Medicare-Eligible Retiree Health Care Fund.
SUBTITLE C--STUDIES AND REPORTS
Sec. 721. Comptroller General study of health care coverage of
members of the reserve components of the Armed Forces and the National
Guard.
Sec. 722. Comptroller General study of adequacy and quality of
health care provided to women under the defense health program.
Sec. 723. Repeal of obsolete report requirement.
Sec. 724. Comptroller General report on requirement to provide
screenings, physical examinations, and other care for certain members.
SUBTITLE D--OTHER MATTERS
Sec. 731. Prohibition against requiring military retirees to
receive health care solely through the Department of Defense.
Sec. 732. Fees for trauma and other medical care provided to civilians.
Sec. 733. Enhancement of medical product development.
Sec. 734. Pilot program providing for Department of Veterans
Affairs support in the performance of separation physical examinations.
Sec. 735. Modification of prohibition on requirement of
nonavailability statement or preauthorization.
Sec. 736. Transitional health care for members separated from
active duty.
Sec. 737. Two-year extension of health care management
demonstration program.
Sec. 738. Joint DoD-VA pilot program for providing graduate
medical education and training for physicians.
Subtitle A--TRICARE Program Improvements
SEC. 701. SUB-ACUTE AND LONG-TERM CARE PROGRAM REFORM.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074i the following new section:
``1074j. Sub-acute care program
``(a) Establishment.--The Secretary of Defense shall establish an
effective, efficient, and integrated sub-acute care benefits program
under this chapter (hereinafter referred to in this section as the
`program'). Except as otherwise provided in this section, the types of
health care authorized under the program shall be the same as those
provided under section 1079 of this title. The Secretary, after
consultation with the other administering Secretaries, shall promulgate
regulations to carry out this section.
``(b) Benefits.--(1) The program shall include a uniform skilled
nursing facility benefit that shall be provided in the manner and under
the conditions described in section 1861(h) and (i) of the Social
Security Act (42 U.S.C. 1395x(h) and (i)), except that the limitation on
the number of days of coverage under section 1812(a) and (b) of such Act
(42 U.S.C. 1395d(a) and (b)) shall not be applicable under the program.
Skilled nursing facility care for each spell of illness shall continue
to be provided for as long as medically necessary and appropriate.
``(2) In this subsection:
``(A) The term `skilled nursing facility' has the meaning given such
term in section 1819(a) of the Social Security Act (42 U.S.C. 1395i
3(a)).
``(B) The term `spell of illness' has the meaning given such term in
section 1861(a) of such Act (42 U.S.C. 1395x(a)).
``(3) The program shall include a comprehensive, part-time or
intermittent home health care benefit that shall be provided in the
manner and under the conditions described in section 1861(m) of the
Social Security Act (42 U.S.C. 1395x(m)).''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1074i the following new
item:
``1074j. Sub-acute care program.''.
(b) Extended Benefits for Disabled Beneficiaries.--Section 1079 of
title 10, United States Code, is amended by striking subsections (d),
(e), and (f) and inserting the following new subsections:
``(d)(1) The Secretary of Defense shall establish a program to
provide extended benefits for eligible dependents, which may include the
provision of comprehensive health care services, including case
management services, to assist in the reduction of the disabling effects
of a qualifying condition of an eligible dependent. Registration shall
be required to receive the extended benefits.
``(2) The Secretary of Defense, after consultation with the other
administering Secretaries, shall promulgate regulations to carry out
this subsection.
``(3) In this subsection:
``(A) The term `eligible dependent' means a dependent of a member of
the uniformed services on active duty for a period of more than 30 days,
as described in subparagraph (A), (D), or (I) of section 1072(2) of this
title, who has a qualifying condition.
``(B) The term `qualifying condition' means the condition of a
dependent who is moderately or severely mentally retarded, has a serious
physical disability, or has an extraordinary physical or psychological
condition.
``(e) Extended benefits for eligible dependents under subsection (d)
may include comprehensive health care services (including services
necessary to maintain, or minimize or prevent deterioration of, function
of the patient) and case management services with respect to the
qualifying condition of such a dependent, and include, to the extent
such benefits are not provided under provisions of this chapter other
than under this section, the following:
``(1) Diagnosis.
``(2) Inpatient, outpatient, and comprehensive home health care
supplies and services which may include cost effective and medically
appropriate services other than part-time or intermittent services
(within the meaning of such terms as used in the second sentence of
section 1861(m) of the Social Security Act).
``(3) Training, rehabilitation, special education, and assistive
technology devices.
``(4) Institutional care in private nonprofit, public, and State
institutions and facilities and, if appropriate, transportation to and
from such institutions and facilities.
``(5) Custodial care, notwithstanding the prohibition in section
1077(b)(1) of this title.
``(6) Respite care for the primary caregiver of the eligible
dependent.
``(7) Such other services and supplies as determined appropriate by
the Secretary, notwithstanding the limitations in subsection (a)(13).
``(f)(1) Members shall be required to share in the cost of any
benefits provided to their dependents under subsection (d) as follows:
``(A) Members in the lowest enlisted pay grade shall be required to
pay the first $25 incurred each month, and members in the highest
commissioned pay grade shall be required to pay the first $250 incurred
each month. The amounts to be paid by members in all other pay grades
shall be determined under regulations to be prescribed by the Secretary
of Defense in consultation with the administering Secretaries.
``(B) A member who has more than one dependent incurring expenses in
a given month under a plan covered by subsection (d) shall not be
required to pay an amount greater than would be required if the member
had only one such dependent.
``(2) In the case of extended benefits provided under paragraph (3)
or (4) of subsection (e) to a dependent of a member of the uniformed
services--
``(A) the Government's share of the total cost of providing such
benefits in any month shall not exceed $2,500, except for costs that a
member is exempt from paying under paragraph (3); and
``(B) the member shall pay (in addition to any amount payable under
paragraph (1)) the amount, if any, by which the amount of such total
cost for the month exceeds the Government's maximum share under
subparagraph (A).
``(3) A member of the uniformed services who incurs expenses under
paragraph (2) for a month for more than one dependent shall not be
required to pay for the month under subparagraph (B) of that paragraph
an amount greater than the amount the member would otherwise be required
to pay under that subparagraph for the month if the member were
incurring expenses under that subparagraph for only one dependent.
``(4) To qualify for extended benefits under paragraph (3) or (4) of
subsection (e), a dependent of a member of the uniformed services shall
be required to use public facilities to the extent such facilities are
available and adequate, as determined under joint regulations of the
administering Secretaries.
``(5) The Secretary of Defense, in consultation with the other
administering Secretaries, shall prescribe regulations to carry out this
subsection.''.
(c) Definitions of Custodial Care and Domiciliary Care.--Section 1072
of title 10, United States Code, is amended by adding at the end the
following new paragraphs:
``(8) The term `custodial care' means treatment or services,
regardless of who recommends such treatment or services or where such
treatment or services are provided, that--
``(A) can be rendered safely and reasonably by a person who is not
medically skilled; or
``(B) is or are designed mainly to help the patient with the
activities of daily living.
``(9) The term `domiciliary care' means care provided to a patient
in an institution or homelike environment because--
``(A) providing support for the activities of daily living in the
home is not available or is unsuitable; or
``(B) members of the patient's family are unwilling to provide the
care.''.
(d) Continuation of Individual Case Management Services for Certain
Eligible Beneficiaries.--(1) Notwithstanding the termination of the
Individual Case Management Program by subsection (g), the Secretary of
Defense shall, in any case in which the Secretary makes the
determination described in paragraph (2), continue to provide payment as
if such program were in effect for home health care or custodial care
services provided to an eligible beneficiary that would otherwise be
excluded from coverage under regulations implementing chapter 55 of
title 10, United States Code.
(2) The determination referred to in paragraph (1) is a determination
that discontinuation of payment for services not otherwise provided
under such chapter would result in the provision of services inadequate
to meet the needs of the eligible beneficiary and would be unjust to
such beneficiary.
(3) For purposes of this subsection, ``eligible beneficiary'' means a
covered beneficiary (as that term is defined in section 1072 of title
10, United States Code) who, before the effective date of this section,
was provided custodial care services under the Individual Case
Management Program for which the Secretary provided payment.
(e) Report on Initiatives Regarding Long-Term Care.--The Secretary of
Defense shall, not later than April 1, 2002, submit to Congress a report
on the feasibility and desirability of establishing new initiatives,
taking into account chapter 90 of title 5, United States Code, to
improve the availability of long-term care for members and retired
members of the uniformed services and their families.
(f) Reference in Title 10 to Long-Term Care Program in Title 5.--(1)
Chapter 55 of title 10, United States Code, is amended by inserting
after section 1074j (as added by subsection (a)) the following new
section:
``1074k. Long-term care insurance
``Provisions regarding long-term care insurance for members and
certain former members of the uniformed services and their families are
set forth in chapter 90 of title 5.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1074j (as added by
subsection (a)) the following new item:
``1074k. Long-term care insurance.''.
(g) Conforming Amendments.--(1) The following provisions of law are
repealed:
(A) Section 703 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 682; 10 U.S.C. 1077 note).
(B) Section 8118 of the Department of Defense Appropriations Act,
2000 (Public Law 106 79; 113 Stat. 1260).
(C) Section 8100 of the Department of Defense Appropriations Act,
2001 (Public Law 106 259; 114 Stat. 696).
(2) Section 1079 of title 10, United States Code, is amended in
subsection (a) by striking paragraph (17).
SEC. 702. PROSTHETICS AND HEARING AIDS.
Section 1077 of title 10 United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(16) A hearing aid, but only for a dependent of a member of the
uniformed services on active duty and only if the dependent has a
profound hearing loss, as determined under standards prescribed in
regulations by the Secretary of Defense in consultation with the
administering Secretaries.'';
(2) in subsection (b)(2), by striking ``Hearing aids, orthopedic
footwear,'' and inserting ``Orthopedic footwear''; and
(3) by adding at the end the following new subsection:
``(e)(1) Authority to provide a prosthetic device under subsection
(a)(15) includes authority to provide the following:
``(A) Any accessory or item of supply that is used in conjunction
with the device for the purpose of achieving therapeutic benefit and
proper functioning.
``(B) Services necessary to train the recipient of the device in the
use of the device.
``(C) Repair of the device for normal wear and tear or damage.
``(D) Replacement of the device if the device is lost or irreparably
damaged or the cost of repair would exceed 60 percent of the cost of
replacement.
``(2) An augmentative communication device may be provided as a voice
prosthesis under subsection (a)(15).
``(3) A prosthetic device customized for a patient may be provided
under this section only by a prosthetic practitioner who is qualified to
customize the device, as determined under regulations prescribed by the
Secretary of Defense in consultation with the administering
Secretaries.''.
SEC. 703. DURABLE MEDICAL EQUIPMENT.
(a) Items Authorized.--Section 1077 of title 10, United States Code,
as amended by section 702, is further amended--
(1) in subsection (a)(12), by striking ``such as wheelchairs, iron
lungs, and hospital beds'' and inserting ``which''; and
(2) by adding at the end the following new subsection:
``(f)(1) Items that may be provided to a patient under subsection
(a)(12) include the following:
``(A) Any durable medical equipment that can improve, restore, or
maintain the function of a malformed, diseased, or injured body part, or
can otherwise minimize or prevent the deterioration of the patient's
function or condition.
``(B) Any durable medical equipment that can maximize the patient's
function consistent with the patient's physiological or medical needs.
``(C) Wheelchairs.
``(D) Iron lungs.
``(E) Hospital beds.
``(2) In addition to the authority to provide durable medical
equipment under subsection (a)(12), any customization of equipment owned
by the patient that is durable medical equipment authorized to be
provided to the patient under this section or section 1079(a)(5) of this
title, and any accessory or item of supply for any such equipment, may
be provided to the patient if the customization, accessory, or item of
supply is essential for--
``(A) achieving therapeutic benefit for the patient;
``(B) making the equipment serviceable; or
``(C) otherwise assuring the proper functioning of the equipment.''.
(b) Provision of Items on Rental Basis.--Paragraph (5) of section
1079(a) of such title is amended to read as follows:
``(5) Durable equipment provided under this section may be provided
on a rental basis.''.
SEC. 704. REHABILITATIVE THERAPY.
Section 1077(a) of title 10, United States Code, as amended by
sections 702 and 703, is further amended by inserting after paragraph
(16) the following new paragraph:
``(17) Any rehabilitative therapy to improve, restore, or maintain
function, or to minimize or prevent deterioration of function, of a
patient when prescribed by a physician.''.
SEC. 705. REPORT ON MENTAL HEALTH BENEFITS.
(a) Requirement for Study.--The Secretary of Defense shall carry out
a study to determine the adequacy of the scope and availability of
outpatient mental health benefits provided for members of the Armed
Forces and covered beneficiaries under the TRICARE program.
(b) Report.--Not later than March 31, 2002, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the study, including the conclusions and
any recommendations for legislation that the Secretary considers
appropriate.
SEC. 706. CLARIFICATION OF ELIGIBILITY FOR REIMBURSEMENT OF
TRAVEL EXPENSES OF ADULT ACCOMPANYING PATIENT IN TRAVEL FOR SPECIALTY
CARE.
Section 1074i of title 10, United States Code, is amended by
inserting before the period at the end the following: ``and, when
accompaniment by an adult is necessary, for a parent or guardian of the
covered beneficiary or another member of the covered beneficiary's
family who is at least 21 years of age''.
SEC. 707. TRICARE PROGRAM LIMITATIONS ON PAYMENT RATES FOR
INSTITUTIONAL HEALTH CARE PROVIDERS AND ON BALANCE BILLING BY
INSTITUTIONAL AND NONINSTITUTIONAL HEALTH CARE PROVIDERS.
(a) Institutional Providers.--Section 1079(j) of title 10, United
States Code, is amended--
(1) in paragraph (2)(A)--
(A) by striking ``(A)''; and
(B) by striking ``may be determined under joint regulations'' and
inserting ``shall be determined under joint regulations'';
(2) by redesignating subparagraph (B) of paragraph (2) as paragraph
(4), and, in such paragraph, as so redesignated, by striking
``subparagraph (A),'' and inserting ``this subsection,''; and
(3) by inserting before paragraph (4), as redesignated by paragraph
(2), the following new paragraph (3):
``(3) A contract for a plan covered by this section shall include a
clause that prohibits each provider of services under the plan from
billing any person covered by the plan for any balance of charges for
services in excess of the amount paid for those services under the joint
regulations referred to in paragraph (2), except for any unpaid amounts
of deductibles or copayments that are payable directly to the provider
by the person.''.
(b) Noninstitutional Providers.--Section 1079(h)(4) of such title is
amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following new subparagraph:
``(B) The regulations shall include a restriction that prohibits an
individual health care professional (or other noninstitutional health
care provider) from billing a beneficiary for services for more than the
amount that is equal to--
``(i) the excess of the limiting charge (as defined in section
1848(g)(2) of the Social Security Act (42 U.S.C. 1395w 4(g)(2))) that
would be applicable if the services had been provided by the
professional (or other provider) as an individual health care
professional (or other noninstitutional health care provider) on a
nonassignment-related basis under part B of title XVIII of such Act over
the amount that is payable by the United States for those services under
this subsection, plus
``(ii) any unpaid amounts of deductibles or copayments that are
payable directly to the professional (or other provider) by the
beneficiary.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.
SEC. 708. IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE PROGRAM.
(a) Flexibility in Contracting.--(1) During the one-year period
following the date of the enactment of this Act, section 1072(7) of
title 10, United States Code, shall be deemed to be amended by striking
``the competitive selection of contractors to financially underwrite''.
(2) The terms and conditions of any contract to provide health care
services under the TRICARE program entered into during the period
described in paragraph (1) shall not be considered to be modified or
terminated as a result of the termination of such period.
(b) Reduction of Contract Start-Up Time.--Section 1095c(b) of such
title is amended--
(1) in paragraph (1)--
(A) by striking ``The'' and inserting ``Except as provided in
paragraph (3), the''; and
(B) by striking ``contract.'' and all that follows through ``as soon
as practicable after the award of the''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary may reduce the nine-month start-up period
required under paragraph (1) if--
``(A) the Secretary--
``(i) determines that a shorter period is sufficient to ensure
effective implementation of all contract requirements; and
``(ii) submits notification to the Committees on Armed Services of
the House of Representatives and the Senate of the Secretary's intent to
reduce the nine-month start-up period; and
``(B) 60 days have elapsed since the date of such notification.''.
Subtitle B--Senior Health Care
SEC. 711. CLARIFICATIONS AND IMPROVEMENTS REGARDING THE
DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.
(a) Clarification Regarding Coverage.--Subsection (b) of section 1111
of title 10, United States Code, is amended to read as follows:
``(b) In this chapter:
``(1) The term `uniformed services retiree health care programs'
means the provisions of this title or any other provision of law
creating an entitlement to or eligibility for health care for a member
or former member of a participating uniformed service who is entitled to
retired or retainer pay, and an eligible dependent under such program.
``(2) The term `eligible dependent' means a dependent described in
section 1076(a)(2) (other than a dependent of a member on active duty),
1076(b), 1086(c)(2), or 1086(c)(3) of this title.
``(3) The term `medicare-eligible', with respect to any person,
means entitled to benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.).
``(4) The term `participating uniformed service' means the Army,
Navy, Air Force, and Marine Corps, and any other uniformed service that
is covered by an agreement entered into under subsection (c).''.
(b) Participation of Other Uniformed Services.--(1) Section 1111 of
such title is further amended by adding at the end the following new
subsection:
``(c) The Secretary of Defense may enter into an agreement with any
other administering Secretary (as defined in section 1072(3) of this
title) for participation in the Fund by a uniformed service under the
jurisdiction of that Secretary. Any such agreement shall require that
Secretary to determine contributions to the Fund on behalf of the
members of the uniformed service under the jurisdiction of that
Secretary in a manner comparable to the determination with respect to
contributions to the Fund made by the Secretary of Defense under section
1116 of this title, and such administering Secretary may make such
contributions.''.
(2) Section 1112 of such title is amended by adding at the end the
following new paragraph:
``(4) Amounts paid into the Fund pursuant to section 1111(c) of this
title.''.
(3) Section 1115 of such title is amended--
(A) in subsection (a), by inserting ``participating'' before
``uniformed services'';
(B) in subparagraphs (A)(ii) and (B)(ii) of subsection (b)(1), by
inserting ``under the jurisdiction of the Secretary of Defense'' after
``uniformed services'';
(C) in subsection (b)(2), by inserting ``(or to the other executive
department having jurisdiction over the participating uniformed
service)'' after ``Department of Defense''; and
(D) in subparagraphs (A) and (B) of subsection (c)(1), by inserting
``participating'' before ``uniformed services''.
(4) Section 1116(a) of such title is amended in paragraphs (1)(B) and
(2)(B) by inserting ``under the jurisdiction of the Secretary of
Defense'' after ``uniformed services''.
(c) Clarification of Payments From the Fund.--(1) Subsection (a) of
section 1113 of such title is amended to read as follows:
``(a) There shall be paid from the Fund amounts payable for the costs
of all uniformed service retiree health care programs for the benefit of
members or former members of a participating uniformed service who are
entitled to retired or retainer pay and are medicare eligible, and
eligible dependents who are medicare eligible.''.
(2) Such section is further amended by adding at the end the
following new subsections:
``(c)(1) In carrying out subsection (a), the Secretary of Defense may
transfer periodically from the Fund to applicable appropriations of the
Department of Defense, or to applicable appropriations of other
departments or agencies, such amounts as the Secretary determines
necessary to cover the costs chargeable to those appropriations for
uniformed service retiree health care programs for beneficiaries under
those programs who are medicare-eligible. Such transfers may include
amounts necessary for the administration of such programs. Amounts so
transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation to which transferred.
Upon a determination that all or part of the funds transferred from the
Fund are not necessary for the purposes for which transferred, such
amounts may be transferred back to the Fund. This transfer authority is
in addition to any other transfer authority that may be available to the
Secretary.
``(2) A transfer from the Fund under paragraph (1) may not be made to
an appropriation after the end of the second fiscal year after the
fiscal year that the appropriation is available for obligation. A
transfer back to the Fund under paragraph (1) may not be made after the
end of the second fiscal year after the fiscal year for which the
appropriation to which the funds were originally transferred is
available for obligation.
``(d) The Secretary of Defense shall by regulation establish the
method or methods for calculating amounts to be transferred under
subsection (c). Such method or methods may be based (in whole or in
part) on a proportionate share of the volume (measured as the Secretary
determines appropriate) of health care services provided or paid for
under uniformed service retiree health care programs for beneficiaries
under those programs who are medicare-eligible in relation to the total
volume of health care services provided or paid for under Department of
Defense health care programs.
``(e) The regulations prescribed by the Secretary under subsection
(d) shall be provided to the Comptroller General not less than 60 days
before such regulations become effective. The Comptroller General shall,
not later than 30 days after receiving such regulations, report to the
Secretary of Defense and Congress on the adequacy and appropriateness of
the regulations.
``(f) If the Secretary of Defense enters into an agreement with
another administering Secretary pursuant to section 1111(c), the
Secretary of Defense may take the actions described in subsections (c),
(d), and (e) on behalf of the beneficiaries and programs of the other
participating uniformed service.''.
(d) Source of Funds for Monthly Accrual Payments Into the
Fund.--Section 1116 of such title is further amended--
(1) in subsection (a)(2)(B) (as amended by subsection (b)(4)), by
striking the sentence beginning ``Amounts paid into''; and
(2) by adding at the end the following new subsection:
``(c) Amounts paid into the Fund under subsection (a) shall be paid
from funds available for the health care programs of the participating
uniformed services under the jurisdiction of the respective
administering Secretaries.''.
(e) Technical Amendments.--(1) Sections 1111(a), 1115(c)(2),
1116(a)(1)(A), and 1116(a)(2)(A) of such title are amended by striking
``Department of Defense retiree health care programs'' and inserting
``uniformed services retiree health care programs''.
(2) The heading for section 1111 of such title is amended to read as
follows:
``1111. Establishment and purpose of Fund; definitions;
authority to enter into agreements''.
(3) The item relating to section 1111 in the table of sections at the
beginning of chapter 56 of such title is amended to read as follows:
``1111. Establishment and purpose of Fund; definitions; authority
to enter into agreements.''.
(f) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of chapter 56 of title 10, United
States Code, by section 713(a)(1) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106 398; 114 Stat. 1654A 179).
(g) First Year Contributions.--With respect to contributions under
section 1116(a) of title 10, United States Code, for the first year that
the Department of Defense Medicare-Eligible Retiree Health Care Fund is
established under chapter 56 of such title, if the Board of Actuaries is
unable to execute its responsibilities with respect to such section, the
Secretary of Defense may make contributions under such section using
methods and assumptions developed by the Secretary.
Subtitle C--Studies and Reports
SEC. 721. COMPTROLLER GENERAL STUDY OF HEALTH CARE COVERAGE OF
MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES AND THE NATIONAL
GUARD.
(a) Requirement for Study.--The Comptroller General shall carry out a
study of the needs of members of the reserve components of the Armed
Forces and the National Guard and their families for health care
benefits. The study shall include the following:
(1) An analysis of how members of the reserve components of the
Armed Forces and the National Guard currently obtain coverage for health
care benefits when not on active duty, together with statistics on
enrollments in health care benefits plans, including--
(A) the percentage of such members who are not covered by an
employer health benefits plan;
(B) the percentage of such members who are not covered by an
individual health benefits plan; and
(C) the percentage of such members who are not covered by any health
insurance or other health benefits plan.
(2) An assessment of the disruptions in health benefits coverage
that a mobilization of members of the reserve components of the Armed
Forces and the National Guard causes for the members and their families.
(3) An assessment of the cost and effectiveness of various options
for preventing or reducing disruptions described in paragraph (2),
including--
(A) providing health care benefits to all members of the reserve
components of the Armed Forces and the National Guard and their families
through the TRICARE program, the Federal Employees Health Benefits
Program, or otherwise;
(B) revising and extending the program of transitional medical and
dental care that is provided under section 1074b of title 10, United
States Code, for members of the Armed Forces upon release from active
duty served in support of a contingency operation;
(C) requiring the health benefits plans of such members, including
individual health benefits plans and group health benefits plans, to
permit such members to elect to resume coverage under such health
benefits plans upon release from active duty in support of a contingency
operation;
(D) allowing members of the reserve components of the Armed Forces
and the National Guard to participate in TRICARE Standard using various
cost-sharing arrangements;
(E) providing employers of members of the reserve components of the
Armed Forces and the National Guard with the option of paying the costs
of participation in the TRICARE program for such members and their
families using various cost-sharing arrangements;
(F) providing financial assistance for paying premiums or other
subscription charges for continuation of coverage by private sector
health insurance or other health benefits plans; and
(G) any other options that the Comptroller General determines
advisable to consider.
(b) Report.--Not later than May 1, 2002, the Comptroller General
shall submit to Congress a report describing the findings of the study
conducted under subsection (a).
SEC. 722. COMPTROLLER GENERAL STUDY OF ADEQUACY AND QUALITY OF
HEALTH CARE PROVIDED TO WOMEN UNDER THE DEFENSE HEALTH PROGRAM.
(a) Requirement for Study.--The Comptroller General shall carry out a
study of the adequacy and quality of the health care provided to women
under chapter 55 of title 10, United States Code.
(b) Specific Consideration.--The study shall include an intensive
review of the availability and quality of reproductive health care
services.
(c) Report.--The Comptroller General shall submit a report on the
results of the study to Congress not later than May 1, 2002.
SEC. 723. REPEAL OF OBSOLETE REPORT REQUIREMENT.
Section 701 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106 65; 10 U.S.C. 1074g note) is amended by striking
subsection (d).
SEC. 724. COMPTROLLER GENERAL REPORT ON REQUIREMENT TO PROVIDE
SCREENINGS, PHYSICAL EXAMINATIONS, AND OTHER CARE FOR CERTAIN MEMBERS.
(a) Report Required.--The Comptroller General shall prepare a report
on the advisability, need, and cost effectiveness of the requirements
under section 1074a(d) of title 10, United States Code, that the
Secretary of the Army provide medical and dental screenings, physical
examinations, and certain dental care for early deploying members of the
Selected Reserve. The report shall include any recommendations for
changes to such requirements based on the most current information
available on the value of periodic physical examinations and any role
such examinations play in monitoring force and individual member
pre-deployment and post-deployment health status.
(b) Deadline for Submission.--The report required by subsection (a)
shall be provided to the Committees on Armed Services of the Senate and
the House of Representatives not later than June 1, 2002.
Subtitle D--Other Matters
SEC. 731. PROHIBITION AGAINST REQUIRING MILITARY RETIREES TO
RECEIVE HEALTH CARE SOLELY THROUGH THE DEPARTMENT OF DEFENSE.
(a) Prohibition.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1086a the following new section:
``1086b. Prohibition against requiring retired members to
receive health care solely through the Department of Defense
``The Secretary of Defense may not take any action that would
require, or have the effect of requiring, a member or former member of
the armed forces who is entitled to retired or retainer pay to enroll to
receive health care from the Federal Government only through the
Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1086a the following new item:
``1086b. Prohibition against requiring retired members to receive
health care solely through the Department of Defense.''.
SEC. 732. FEES FOR TRAUMA AND OTHER MEDICAL CARE PROVIDED TO CIVILIANS.
(a) Requirement To Implement Procedures.--(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1079a the
following new section:
``1079b. Procedures for charging fees for care provided to
civilians; retention and use of fees collected
``(a) Requirement To Implement Procedures.--The Secretary of Defense
shall implement procedures under which a military medical treatment
facility may charge civilians who are not covered beneficiaries (or
their insurers) fees representing the costs, as determined by the
Secretary, of trauma and other medical care provided to such civilians.
``(b) Use of Fees Collected.--A military medical treatment facility
may retain and use the amounts collected under subsection (a) for--
``(1) trauma consortium activities;
``(2) administrative, operating, and equipment costs; and
``(3) readiness training.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1079a the following new
item:
``1079b. Procedures for charging fees for care provided to
civilians; retention and use of fees collected.''.
(b) Deadline for Implementation.--The Secretary of Defense shall
begin to implement the procedures required by section 1079b(a) of title
10, United States Code (as added by subsection (a)), not later than one
year after the date of the enactment of this Act.
SEC. 733. ENHANCEMENT OF MEDICAL PRODUCT DEVELOPMENT.
Section 980 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``Funds''; and
(2) by adding at the end the following new subsection:
``(b) The Secretary of Defense may waive the prohibition in this
section with respect to a specific research project to advance the
development of a medical product necessary to the armed forces if the
research project may directly benefit the subject and is carried out in
accordance with all other applicable laws.''.
SEC. 734. PILOT PROGRAM PROVIDING FOR DEPARTMENT OF VETERANS
AFFAIRS SUPPORT IN THE PERFORMANCE OF SEPARATION PHYSICAL EXAMINATIONS.
(a) Authority.--The Secretary of Defense and the Secretary of
Veterans Affairs may jointly carry out a pilot program under which the
Secretary of Veterans Affairs may perform the physical examinations
required for members of the uniformed services separating from the
uniformed services who are in one or more geographic areas designated
for the pilot program by the Secretaries.
(b) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary of Veterans Affairs for the cost incurred by the Secretary of
Veterans Affairs in performing, under the pilot program, the elements of
physical examination that are required by the Secretary concerned in
connection with the separation of a member of a uniformed service.
Reimbursements shall be paid out of funds available for the performance
of separation physical examinations of members of that uniformed service
in facilities of the uniformed services.
(c) Agreement.--(1) If the Secretary of Defense and the Secretary of
Veterans Affairs carry out the pilot program authorized by this section,
the Secretaries shall enter into an agreement specifying the geographic
areas in which the pilot program is carried out and the means for making
reimbursement payments under subsection (b).
(2) The other administering Secretaries shall also enter into the
agreement to the extent that the Secretary of Defense determines
necessary to apply the pilot program, including the requirement for
reimbursement, to the uniformed services not under the jurisdiction of
the Secretary of a military department.
(d) Consultation Requirement.--In developing and carrying out the
pilot program, the Secretary of Defense shall consult with the other
administering Secretaries.
(e) Period of Program.--The Secretary of Defense and the Secretary of
Veterans Affairs may carry out the pilot program under this section
beginning not later than July 1, 2002, and terminating on December 31,
2005.
(f) Reports.--(1) If the Secretary of Defense and the Secretary of
Veterans Affairs carry out the pilot program authorized by this
section--
(A) not later than January 31, 2004, the Secretaries shall jointly
submit to Congress an interim report on the conduct of the pilot
program; and
(B) not later than March 1, 2005, the Secretaries shall jointly
submit to Congress a final report on the conduct of the pilot program.
(2) Reports under this subsection shall include the Secretaries'
assessment, as of the date of the report, of the efficacy of the
performance of separation physical examinations as provided for under
the pilot program.
(g) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning given
that term in section 1072(3) of title 10, United States Code.
(2) The term ``Secretary concerned'' has the meaning given that term
in section 101(5) of title 37, United States Code.
SEC. 735. MODIFICATION OF PROHIBITION ON REQUIREMENT OF
NONAVAILABILITY STATEMENT OR PREAUTHORIZATION.
(a) Clarification of Covered Beneficiaries.--Subsection (a) of
section 721 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 184) is amended by striking ``covered beneficiary under
chapter 55 of title 10, United States Code, who is enrolled in TRICARE
Standard,`` and inserting ``covered beneficiary under TRICARE Standard
pursuant to chapter 55 of title 10, United States Code,''.
(b) Repeal of Requirement for Notification Regarding Health Care
Received From Another Source.--Subsection (b) of such section is
repealed.
(c) Waiver Authority.--Such section, as so amended, is further
amended by striking subsection (c) and inserting the following new
subsections:
``(b) Waiver Authority.--The Secretary may waive the prohibition in
subsection (a) if--
``(1) the Secretary--
``(A) demonstrates that significant costs would be avoided by
performing specific procedures at the affected military medical
treatment facility or facilities;
``(B) determines that a specific procedure must be provided at the
affected military medical treatment facility or facilities to ensure the
proficiency levels of the practitioners at the facility or facilities;
or
``(C) determines that the lack of nonavailability statement data
would significantly interfere with TRICARE contract administration;
``(2) the Secretary provides notification of the Secretary's intent
to grant a waiver under this subsection to covered beneficiaries who
receive care at the military medical treatment facility or facilities
that will be affected by the decision to grant a waiver under this
subsection;
``(3) the Secretary notifies the Committees on Armed Services of the
House of Representatives and the Senate of the Secretary's intent to
grant a waiver under this subsection, the reason for the waiver, and the
date that a nonavailability statement will be required; and
``(4) 60 days have elapsed since the date of the notification
described in paragraph (3).
``(c) Waiver Exception For Maternity Care.--Subsection (b) shall not
apply with respect to maternity care.''.
(d) Effective Date.--(1) Subsection (a) of such section is amended by
striking ``under any new contract for the provision of health care
services''.
(2) Subsection (d) of such section is amended by striking ``take
effect on October 1, 2001.'' and inserting ``take effect on the earlier
of the following:
``(1) The date that a new contract entered into by the Secretary to
provide health care services under TRICARE Standard takes effect.
``(2) The date that is two years after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2002.''.
(e) Report.--Not later than March 1, 2002, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the Secretary's plans for
implementing section 721 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as amended by this section.
SEC. 736. TRANSITIONAL HEALTH CARE FOR MEMBERS SEPARATED FROM
ACTIVE DUTY.
(a) Permanent Authority for Involuntarily Separated Members and
Mobilized Reserves.--Subsection (a) of section 1145 of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2), a member'' and
all that follows through ``of the member),'' and inserting ``paragraph
(3), a member of the armed forces who is separated from active duty as
described in paragraph (2)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new paragraph (2):
``(2) This subsection applies to the following members of the armed
forces:
``(A) A member who is involuntarily separated from active duty.
``(B) A member of a reserve component who is separated from active
duty to which called or ordered in support of a contingency operation if
the active duty is active duty for a period of more than 30 days.
``(C) A member who is separated from active duty for which the
member is involuntarily retained under section 12305 of this title in
support of a contingency operation.
``(D) A member who is separated from active duty served pursuant to
a voluntary agreement of the member to remain on active duty for a
period of less than one year in support of a contingency operation.'';
and
(4) in paragraph (3), as redesignated by paragraph (2), by striking
``involuntarily'' each place it appears.
(b) Conforming Amendments.--Such section 1145 is further amended--
(1) in subsection (c)(1), by striking ``during the period beginning
on October 1, 1990, and ending on December 31, 2001''; and
(2) in subsection (e), by striking the first sentence.
(c) Repeal of Superseded Authority.--(1) Section 1074b of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 55 of such
title is amended by striking the item relating to section 1074b.
(d) Transition Provision.--Notwithstanding the repeal of section
1074b of title 10, United States Code, by subsection (c), the provisions
of that section, as in effect before the date of the enactment of this
Act, shall continue to apply to a member of the Armed Forces who is
released from active duty in support of a contingency operation before
that date.
SEC. 737. TWO-YEAR EXTENSION OF HEALTH CARE MANAGEMENT
DEMONSTRATION PROGRAM.
(a) Extension.--Subsection (d) of section 733 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted by
Public Law 106 398; 114 Stat. 1654A 191) is amended by striking
``December 31, 2001'' and inserting ``December 31, 2003''.
(b) Report.--Subsection (e) of that section is amended--
(1) by striking `` Reports.--'' and inserting `` Report.--''; and
(2) by striking ``March 15, 2002'' and inserting ``March 15, 2004''.
SEC. 738. JOINT DOD-VA PILOT PROGRAM FOR PROVIDING GRADUATE
MEDICAL EDUCATION AND TRAINING FOR PHYSICIANS.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs may jointly carry out a pilot program under which
graduate medical education and training is provided to military
physicians and physician employees of the Department of Defense and the
Department of Veterans Affairs through one or more programs carried out
in military medical treatment facilities of the Department of Defense
and medical centers of the Department of Veterans Affairs.
(b) Cost-Sharing Agreement.--If the Secretary of Defense and the
Secretary of Veterans Affairs carry out a pilot program under subsection
(a), the Secretaries shall enter into an agreement for carrying out the
pilot program under which means are established for each respective
Secretary to assist in paying the costs, with respect to individuals
under the jurisdiction of such Secretary, incurred by the other
Secretary in providing medical education and training under the pilot
program.
(c) Use of Existing Authorities.--To carry out the pilot program, the
Secretary of Defense and the Secretary of Veterans Affairs shall
exercise authorities provided to the Secretaries, respectively, under
other laws relating to the furnishing or support of medical education
and the cooperative use of facilities.
(d) Period of Program.--If the Secretary of Defense and the Secretary
of Veterans Affairs carry out a pilot program under subsection (a), such
pilot program shall begin not later than August 1, 2002, and shall
terminate on July 31, 2007.
(e) Reports.--If the Secretary of Defense and the Secretary of
Veterans Affairs carry out a pilot program under subsection (a), not
later than January 31, 2003, and January 31 of each year thereafter
through 2008, the Secretaries shall jointly submit to Congress a report
on the pilot program. The report shall cover the preceding year and
shall include each Secretary's assessment of the efficacy of providing
education and training under the program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
SUBTITLE A--PROCUREMENT MANAGEMENT AND ADMINISTRATION
Sec. 801. Management of procurement of services.
Sec. 802. Savings goals for procurements of services.
Sec. 803. Competition requirement for purchase of services
pursuant to multiple award contracts.
Sec. 804. Reports on maturity of technology at initiation of major
defense acquisition programs.
SUBTITLE B--USE OF PREFERRED SOURCES
Sec. 811. Applicability of competition requirements to purchases
from a required source.
Sec. 812. Extension of mentor-protege program.
Sec. 813. Increase of assistance limitation regarding procurement
technical assistance program.
SUBTITLE C--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND RELATED MATTERS
Sec. 821. Amendments to conform with administrative changes in
acquisition phase and milestone terminology and to make related
adjustments in certain requirements applicable at milestone transition
points.
Sec. 822. Follow-on production contracts for products developed
pursuant to prototype projects.
Sec. 823. One-year extension of program applying simplified
procedures to certain commercial items.
Sec. 824. Acquisition workforce qualifications.
Sec. 825. Report on implementation of recommendations of the
acquisition 2005 task force.
SUBTITLE D--OTHER MATTERS
Sec. 831. Identification of errors made by executive agencies in
payments to contractors and recovery of amounts erroneously paid.
Sec. 832. Codification and modification of provision of law known
as the ``Berry amendment''.
Sec. 833. Personal services contracts to be performed by
individuals or organizations abroad.
Sec. 834. Requirements regarding insensitive munitions.
Sec. 835. Inapplicability of limitation to small purchases of
miniature or instrument ball or roller bearings under certain
circumstances.
Sec. 836. Temporary emergency procurement authority to facilitate
the defense against terrorism or biological or chemical attack.
Subtitle A--Procurement Management and Administration
SEC. 801. MANAGEMENT OF PROCUREMENT OF SERVICES.
(a) Responsibility of Under Secretary of Defense for Acquisition,
Technology, and Logistics.--Section 133(b)(2) of title 10, United States
Code, is amended by inserting ``of goods and services'' after
``procurement''.
(b) Requirement for Management Structure.--(1) Chapter 137 of such
title is amended by inserting after section 2328 the following new
section:
``2330. Procurement of services: management structure
``(a) Requirement for Management Structure.--(1) The Secretary of
Defense shall establish and implement a management structure for the
procurement of services for the Department of Defense. The management
structure shall be comparable to the management structure that applies
to the procurement of products by the Department.
``(2) The management structure required by paragraph (1) shall--
``(A) provide for a designated official in each military department
to exercise responsibility for the management of the procurement of
services for such department;
``(B) provide for a designated official for Defense Agencies and
other defense components outside the military departments to exercise
responsibility for the management of the procurement of services for
such Defense Agencies and components;
``(C) include a means by which employees of the departments, Defense
Agencies, and components are accountable to such designated officials
for carrying out the requirements of subsection (b); and
``(D) establish specific dollar thresholds and other criteria for
advance approvals of purchases under subsection (b)(1)(C) and
delegations of activity under subsection (b)(2).
``(b) Contracting Responsibilities of Designated Officials.--(1) The
responsibilities of an official designated under subsection (a) shall
include, with respect to the procurement of services for the military
department or Defense Agencies and components by that official, the
following:
``(A) Ensuring that the services are procured by means of contracts
or task orders that are in the best interests of the Department of
Defense and are entered into or issued and managed in compliance with
applicable statutes, regulations, directives, and other requirements,
regardless of whether the services are procured through a contract or
task order of the Department of Defense or through a contract entered
into or task order issued by an official of the United States outside
the Department of Defense.
``(B) Analyzing data collected under section 2330a of this title on
contracts that are entered into for the procurement of services.
``(C) Approving, in advance, any procurement of services above the
thresholds established pursuant to subsection (a)(2)(D) that is to be
made through the use of--
``(i) a contract or task order that is not a performance-based
contract or task order; or
``(ii) a contract entered into, or a task order issued, by an
official of the United States outside the Department of Defense.
``(2) The responsibilities of a designated official may be delegated
to other employees of the Department of Defense in accordance with the
criteria established by the Secretary of Defense.
``(c) Definition.--In this section, the term `performance-based',
with respect to a contract or a task order means that the contract or
task order, respectively, includes the use of performance work
statements that set forth requirements in clear, specific, and objective
terms with measurable outcomes.''.
(2) Not later than 180 days after the date of the enactment of this
Act--
(A) the Secretary of Defense shall establish and implement the
management structure required under section 2330 of title 10, United
States Code (as added by paragraph (1)); and
(B) the Under Secretary of Defense for Acquisition, Technology, and
Logistics shall issue guidance for officials in the management structure
established under such section 2330 regarding how to carry out their
responsibilities under that section.
(c) Tracking of Procurement of Services.--Chapter 137 of title 10,
United States Code, as amended by subsection (b), is further amended by
inserting after section 2330 the following new section:
``2330a. Procurement of services: tracking of purchases
``(a) Data Collection Required.--The Secretary of Defense shall
establish a data collection system to provide management information
with regard to each purchase of services by a military department or
Defense Agency in excess of the simplified acquisition threshold,
regardless of whether such a purchase is made in the form of a contract,
task order, delivery order, military interdepartmental purchase request,
or any other form of interagency agreement.
``(b) Data To Be Collected.--The data required to be collected under
subsection (a) includes the following:
``(1) The services purchased.
``(2) The total dollar amount of the purchase.
``(3) The form of contracting action used to make the purchase.
``(4) Whether the purchase was made through--
``(A) a performance-based contract, performance-based task order, or
other performance-based arrangement that contains firm fixed prices for
the specific tasks to be performed;
``(B) any other performance-based contract, performance-based task
order, or performance-based arrangement; or
``(C) any contract, task order, or other arrangement that is not
performance based.
``(5) In the case of a purchase made through an agency other than
the Department of Defense, the agency through which the purchase is
made.
``(6) The extent of competition provided in making the purchase and
whether there was more than one offer.
``(7) 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.
``(c) Compatibility With Data Collection System for Information
Technology Purchases.--To the maximum extent practicable, a single data
collection system shall be used to collect data under this section and
information under section 2225 of this title.
``(d) Definitions.--In this section:
``(1) The term `performance-based', with respect to a contract, task
order, or arrangement, means that the contract, task order, or
arrangement, respectively, includes the use of performance work
statements that set forth contract requirements in clear, specific, and
objective terms with measurable outcomes.
``(2) The definitions set forth in section 2225(f) of this title for
the terms `simplified acquisition threshold', `small business concern',
`small business concern owned and controlled by socially and
economically disadvantaged individuals', and `small business concern
owned and controlled by women' shall apply.''.
(d) Requirement for Program Review Structure.--(1) Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall issue and implement a policy that applies to the
procurement of services by the Department of Defense a program review
structure that is similar to the one developed for and applied to the
procurement of weapon systems by the Department of Defense.
(2) The program review structure for the procurement of services
shall, at a minimum, include the following:
(A) Standards for determining which procurements should be subject
to review by either the senior procurement executive of a military
department or the senior procurement executive of the Department of
Defense under such section, including criteria based on dollar
thresholds, program criticality, or other appropriate measures.
(B) Appropriate key decision points at which those reviews should
take place.
(C) A description of the specific matters that should be reviewed.
(e) Comptroller General Review.--Not later than 90 days after the
date on which the Secretary issues the policy required by subsection (d)
and the Under Secretary of Defense for Acquisition, Technology, and
Logistics issues the guidance required by subsection (b)(2), the
Comptroller General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives an assessment of the
compliance with the requirements of this section and the amendments made
by this section.
(f) Definitions.--In this section:
(1) The term ``senior procurement executive'' means the official
designated as the senior procurement executive under section 16(3) of
the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)).
(2) The term ``performance-based'', with respect to a contract or a
task order means that the contract or task order, respectively, includes
the use of performance work statements that set forth contract
requirements in clear, specific, and objective terms with measurable
outcomes.
(g) Clerical Amendments.--(1) The heading for section 2331 of title
10, United States Code, is amended to read as follows:
``2331. Procurement of services: contracts for professional
and technical services'' .
(2) The table of sections at the beginning of chapter 137 of such
title is amended by striking the item relating to section 2331 and
inserting the following new items:
``2330. Procurement of services: management structure.
``2330a. Procurement of services: tracking of purchases.
``2331. Procurement of services: contracts for professional and
technical services.''.
SEC. 802. SAVINGS GOALS FOR PROCUREMENTS OF SERVICES.
(a) Goals.--(1) It shall be an objective of the Department of Defense
to achieve savings in expenditures for procurements of services through
the use of--
(A) performance-based services contracting;
(B) appropriate competition for task orders under services
contracts; and
(C) program review, spending analyses, and improved management of
services contracts.
(2) In furtherance of such objective, the Department of Defense shall
have goals to use improved management practices to achieve, over 10
fiscal years, reductions in the total amount that would otherwise be
expended by the Department for the procurement of services (other than
military construction) in a fiscal year by the amount equal to 10
percent of the total amount of the expenditures of the Department for
fiscal year 2000 for procurement of services (other than military
construction), as follows:
(A) By fiscal year 2002, a three percent reduction.
(B) By fiscal year 2003, a four percent reduction.
(C) By fiscal year 2004, a five percent reduction.
(D) By fiscal year 2011, a ten percent reduction.
(b) Annual Report.--Not later than March 1, 2002, and annually
thereafter through March 1, 2006, the Secretary of Defense shall submit
to the congressional defense committees a report on the progress made
toward meeting the objective and goals established in subsection (a).
Each report shall include, at a minimum, the following information:
(1) A summary of the steps taken or planned to be taken in the
fiscal year of the report to improve the management of procurements of
services.
(2) A summary of the steps planned to be taken in the following
fiscal year to improve the management of procurements of services.
(3) An estimate of the amount that will be expended by the
Department of Defense for procurements of services in the fiscal year of
the report.
(4) An estimate of the amount that will be expended by the
Department of Defense for procurements of services in the following
fiscal year.
(5) An estimate of the amount of savings that, as a result of
improvement of the management practices used by the Department of
Defense, will be achieved for the procurement of services by the
Department in the fiscal year of the report and in the following fiscal
year.
SEC. 803. COMPETITION REQUIREMENT FOR PURCHASE OF SERVICES
PURSUANT TO MULTIPLE AWARD CONTRACTS.
(a) Regulations Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall promulgate in
the Department of Defense Supplement to the Federal Acquisition
Regulation regulations requiring competition in the purchase of services
by the Department of Defense pursuant to multiple award contracts.
(b) Content of Regulations.--(1) The regulations required by
subsection (a) shall provide, at a minimum, that each individual
purchase of services in excess of $100,000 that is made under a multiple
award contract shall be made on a competitive basis unless a contracting
officer of the Department of Defense--
(A) waives the requirement on the basis of a determination that--
(i) one of the circumstances described in paragraphs (1) through (4)
of section 2304c(b) of title 10, United States Code, applies to such
individual purchase; or
(ii) a statute expressly authorizes or requires that the purchase be
made from a specified source; and
(B) justifies the determination in writing.
(2) For purposes of this subsection, an individual purchase of
services is made on a competitive basis only if it is made pursuant to
procedures that--
(A) require fair notice of the intent to make that purchase
(including a description of the work to be performed and the basis on
which the selection will be made) to be provided to all contractors
offering such services under the multiple award contract; and
(B) afford all contractors responding to the notice a fair
opportunity to make an offer and have that offer fairly considered by
the official making the purchase.
(3) Notwithstanding paragraph (2), notice may be provided to fewer
than all contractors offering such services under a multiple award
contract described in subsection (c)(2)(A) if notice is provided to as
many contractors as practicable.
(4) A purchase may not be made pursuant to a notice that is provided
to fewer than all contractors under paragraph (3) unless--
(A) offers were received from at least three qualified contractors; or
(B) a contracting officer of the Department of Defense determines in
writing that no additional qualified contractors were able to be
identified despite reasonable efforts to do so.
(c) Definitions.--In this section:
(1) The term ``individual purchase'' means a task order, delivery
order, or other purchase.
(2) The term ``multiple award contract'' means--
(A) a contract that is entered into by the Administrator of General
Services under the multiple award schedule program referred to in
section 2302(2)(C) of title 10, United States Code;
(B) a multiple award task order contract that is entered into under
the authority of sections 2304a through 2304d of title 10, United States
Code, or sections 303H through 303K of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253h through 253k); and
(C) any other indefinite delivery, indefinite quantity contract that
is entered into by the head of a Federal agency with two or more sources
pursuant to the same solicitation.
(3) The term ``Defense Agency'' has the meaning given that term in
section 101(a)(11) of title 10, United States Code.
(d) Applicability.--The regulations promulgated by the Secretary
pursuant to subsection (a) shall take effect not later than 180 days
after the date of the enactment of this Act and shall apply to all
individual purchases of services that are made under multiple award
contracts on or after the effective date, without regard to whether the
multiple award contracts were entered into before, on, or after such
effective date.
SEC. 804. REPORTS ON MATURITY OF TECHNOLOGY AT INITIATION OF
MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Reports Required.--Not later than March 1 of each of years 2003
through 2006, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the implementation of the requirement in paragraph 4.7.3.2.2.2 of
Department of Defense Instruction 5000.2, as in effect on the date of
enactment of this Act, that technology must have been demonstrated in a
relevant environment (or, preferably, in an operational environment) to
be considered mature enough to use for product development in systems
integration.
(b) Contents of Reports.--Each report required by subsection (a)
shall--
(1) identify each case in which a major defense acquisition program
entered system development and demonstration during the preceding
calendar year and into which key technology has been incorporated that
does not meet the technological maturity requirement described in
subsection (a), and provide a justification for why such key technology
was incorporated; and
(2) identify any determination of technological maturity with which
the Deputy Under Secretary of Defense for Science and Technology did not
concur and explain how the issue has been or will be resolved.
(c) Major Defense Acquisition Program Defined.--In this section, the
term ``major defense acquisition program'' has the meaning given that
term in section 139(a)(2) of title 10, United States Code.
Subtitle B--Use of Preferred Sources
SEC. 811. APPLICABILITY OF COMPETITION REQUIREMENTS TO
PURCHASES FROM A REQUIRED SOURCE.
(a) Conditions for Competition.--(1) Chapter 141 of title 10, United
States Code, is amended by adding at the end the following:
``2410n. Products of Federal Prison Industries: procedural requirements
``(a) Market Research Before Purchase.--Before purchasing a product
listed in the latest edition of the Federal Prison Industries catalog
under section 4124(d) of title 18, the Secretary of Defense shall
conduct market research to determine whether the Federal Prison
Industries product is comparable in price, quality, and time of delivery
to products available from the private sector.
``(b) Limited Competition Requirement.--If the Secretary determines
that a Federal Prison Industries product is not comparable in price,
quality, and time of delivery to products available from the private
sector, the Secretary shall use competitive procedures for the
procurement of the product. In conducting such a competition, the
Secretary shall consider a timely offer from Federal Prison Industries
for award in accordance with the specifications and evaluation factors
specified in the solicitation.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following:
``2410n. Products of Federal Prison Industries: procedural
requirements.''.
(b) Applicability.--Section 2410n of title 10, United States Code (as
added by subsection (a)), shall apply to purchases initiated on or after
October 1, 2001.
SEC. 812. EXTENSION OF MENTOR-PROTEGE PROGRAM.
Section 831 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101 510; 10 U.S.C. 2302 note) is amended--
(1) in subsection (j)--
(A) in paragraph (1), by striking ``September 30, 2002'' and
inserting ``September 30, 2005''; and
(B) in paragraph (2), by striking ``September 30, 2005'' and
inserting ``September 30, 2008''; and
(2) in subsection (l)(3), by striking ``2004'' and inserting ``2007''.
SEC. 813. INCREASE OF ASSISTANCE LIMITATION REGARDING
PROCUREMENT TECHNICAL ASSISTANCE PROGRAM.
Section 2414(a)(1) of title 10, United States Code, is amended by
striking ``$300,000'' and inserting ``$600,000''.
Subtitle C--Amendments to General Contracting Authorities,
Procedures, and Related Matters
SEC. 821. AMENDMENTS TO CONFORM WITH ADMINISTRATIVE CHANGES IN
ACQUISITION PHASE AND MILESTONE TERMINOLOGY AND TO MAKE RELATED
ADJUSTMENTS IN CERTAIN REQUIREMENTS APPLICABLE AT MILESTONE TRANSITION
POINTS.
(a) Acquisition Phase Terminology.--The following provisions of title
10, United States Code, are amended by striking ``engineering and
manufacturing development'' each place it appears and inserting ``system
development and demonstration'': sections 2366(c) and 2434(a), and
subsections (b)(3)(A)(i), (c)(3)(A), and (h)(1) of section 2432.
(b) Milestone Transition Points.--(1) Section 811(c) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106 398; 114 Stat. 1654A 211), is amended
by striking ``Milestone I approval, Milestone II approval, or Milestone
III approval (or the equivalent) of a major automated information
system'' and inserting ``approval of a major automated information
system at Milestone B or C or for full rate production, or an equivalent
approval,''.
(2) Department of Defense Directive 5000.1, as revised in accordance
with subsection (b) of section 811 of such Act, shall be further revised
as necessary to comply with subsection (c) of such section, as amended
by paragraph (1), within 60 days after the date of the enactment of this
Act.
(c) Adjustments to Requirement for Determination of Quantity for
Low-Rate Initial Production.--Section 2400(a) of title 10, United States
Code, is amended--
(1) by striking ``milestone II'' each place it appears in paragraphs
(1)(A), (2), (4) and (5) and inserting ``milestone B''; and
(2) in paragraph (2), by striking ``engineering and manufacturing
development'' and inserting ``system development and demonstration''.
(d) Adjustments to Requirements for Baseline Description and the
Related Limitation.--Section 2435 of title 10, United States Code, is
amended--
(1) in subsection (b), by striking ``engineering and manufacturing
development'' and inserting ``system development and demonstration'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``demonstration and validation''
and inserting ``system development and demonstration'';
(B) in paragraph (2), by striking ``engineering and manufacturing
development'' and inserting ``production and deployment''; and
(C) in paragraph (3), by striking ``production and deployment'' and
inserting ``full rate production''.
SEC. 822. FOLLOW-ON PRODUCTION CONTRACTS FOR PRODUCTS
DEVELOPED PURSUANT TO PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal Year
1994 (10 U.S.C. 2371 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection
(f):
``(f) Follow-On Production Contracts.--(1) A transaction entered into
under this section for a prototype project that satisfies the conditions
set forth in subsection (d)(1)(B)(i) may provide for the award of a
follow-on production contract to the participants in the transaction for
a specific number of units at specific target prices. The number of
units specified in the transaction shall be determined on the basis of a
balancing of the level of the investment made in the project by the
participants other than the Federal Government with the interest of the
Federal Government in having competition among sources in the
acquisition of the product or products prototyped under the project.
``(2) A follow-on production contract provided for in a transaction
under paragraph (1) may be awarded to the participants in the
transaction without the use of competitive procedures, notwithstanding
the requirements of section 2304 of title 10, United States Code, if--
``(A) competitive procedures were used for the selection of parties
for participation in the transaction;
``(B) the participants in the transaction successfully completed the
prototype project provided for in the transaction;
``(C) the number of units provided for in the follow-on production
contract does not exceed the number of units specified in the
transaction for such a follow-on production contract; and
``(D) the prices established in the follow-on production contract do
not exceed the target prices specified in the transaction for such a
follow-on production contract.''.
SEC. 823. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED
PROCEDURES TO CERTAIN COMMERCIAL ITEMS.
Section 4202 of the Clinger-Cohen Act of 1996 (divisions D and E of
Public Law 104 106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in
subsection (e) by striking ``January 1, 2002'' and inserting ``January
1, 2003''.
SEC. 824. ACQUISITION WORKFORCE QUALIFICATIONS.
(a) Qualifications.--Section 1724 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking the matter preceding paragraph (1) and inserting the
following:
``(a) Contracting Officers.--The Secretary of Defense shall require
that, in order to qualify to serve in an acquisition position as a
contracting officer with authority to award or administer contracts for
amounts above the simplified acquisition threshold referred to in
section 2304(g) of this title, an employee of the De-partment of Defense
or member of the armed forces (other than the Coast Guard) must, except
as provided in subsections (c) and (d)--'';
(B) in paragraph (1)--
(i) by striking ``mandatory''; and
(ii) by striking ``at the grade level'' and all that follows and
inserting ``(A) in the case of an employee, serving in the position
within the grade of the General Schedule in which the employee is
serving, and (B) in the case of a member of the armed forces, in the
member's grade;''; and
(C) in paragraph (3)(A), by inserting a comma after ``business'';
(2) by striking subsection (b) and inserting the following new
subsection:
``(b) GS 1102 Series Positions and Similar Military Positions.--(1)
The Secretary of Defense shall require that in order to qualify to serve
in a position in the Department of Defense that is in the GS 1102
occupational series an employee or potential employee of the Department
of Defense meet the requirements set forth in paragraph (3) of
subsection (a). The Secretary may not require that in order to serve in
such a position an employee or potential employee meet any of the
requirements of paragraphs (1) and (2) of that subsection.
``(2) The Secretary of Defense shall require that in order for a
member of the armed forces to be selected for an occupational specialty
within the armed forces that (as determined by the Secretary) is similar
to the GS 1102 occupational series a member of the armed forces meet the
requirements set forth in paragraph (3) of subsection (a). The Secretary
may not require that in order to be selected for such an occupational
specialty a member meet any of the requirements of paragraphs (1) and
(2) of that subsection.''; and
(3) by striking subsections (c) and (d) inserting the following new
subsections:
``(c) Exceptions.--The qualification requirements imposed by the
Secretary of Defense pursuant to subsections (a) and (b) shall not apply
to an employee of the Department of Defense or member of the armed
forces who--
``(1) served as a contracting officer with authority to award or
administer contracts in excess of the simplified acquisition threshold
on or before September 30, 2000;
``(2) served, on or before September 30, 2000, in a position either
as an employee in the GS 1102 series or as a member of the armed forces
in a similar occupational specialty;
``(3) is in the contingency contracting force; or
``(4) is described in subsection (e)(1)(B).
``(d) Waiver.--The acquisition career program board concerned may
waive any or all of the requirements of subsections (a) and (b) with
respect to an employee of the Department of Defense or member of the
armed forces if the board certifies that the individual possesses
significant potential for advancement to levels of greater
responsibility and authority, based on demonstrated job performance and
qualifying experience. With respect to each waiver granted under this
subsection, the board shall set forth in a written document the
rationale for its decision to waive such requirements. Such document
shall be submitted to and retained by the Director of Acquisition
Education, Training, and Career Development.
``(e) Developmental Opportunities.--(1) The Secretary of Defense
may--
``(A) establish or continue one or more programs for the purpose of
recruiting, selecting, appointing, educating, qualifying, and developing
the careers of individuals to meet the requirements in subparagraphs (A)
and (B) of subsection (a)(3);
``(B) appoint individuals to developmental positions in those
programs; and
``(C) separate from the civil service after a three-year
probationary period any individual appointed under this subsection who
fails to meet the requirements described in subsection (a)(3).
``(2) To qualify for any developmental program described in paragraph
(1)(B), an individual shall have--
``(A) been awarded a baccalaureate degree, with a grade point
average of at least 3.0 (or the equivalent), from an accredited
institution of higher education authorized to grant baccalaureate
degrees; or
``(B) completed at least 24 semester credit hours or the equivalent
of study from an accredited institution of higher education in any of
the disciplines of accounting, business, finance, law, contracts,
purchasing, economics, industrial management, marketing, quantitative
methods, or organization and management.
``(f) Contingency Contracting Force.--The Secretary shall establish
qualification requirements for the contingency contracting force
consisting of members of the armed forces whose mission is to deploy in
support of contingency operations and other operations of the Department
of Defense, including--
``(1) completion of at least 24 semester credit hours or the
equivalent of study from an accredited institution of higher education
or similar educational institution in any of the disciplines of
accounting, business, finance, law, contracts, purchasing, economics,
industrial management, marketing, quantitative methods, or organization
and management; or
``(2) passing an examination that demonstrates skills, knowledge, or
abilities comparable to that of an individual who has completed at least
24 semester credit hours or the equivalent of study in any of the
disciplines described in paragraph (1).''.
(b) Clerical Amendment.--Section 1732(c)(2) of such title is amended
by inserting a comma after ``business''.
SEC. 825. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF THE
ACQUISITION 2005 TASK FORCE.
(a) Requirement for Report.--Not later than March 1, 2002, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the extent of
the implementation of the recommendations set forth in the final report
of the Department of Defense Acquisition 2005 Task Force, entitled
``Shaping the Civilian Acquisition Workforce of the Future''.
(b) Content of Report.--The report shall include the following:
(1) For each recommendation in the final report that is being
implemented or that the Secretary plans to implement--
(A) a summary of all actions that have been taken to implement the
recommendation; and
(B) a schedule, with specific milestones, for completing the
implementation of the recommendation.
(2) For each recommendation in the final report that the Secretary
does not plan to implement--
(A) the reasons for the decision not to implement the
recommendation; and
(B) a summary of any alternative actions the Secretary plans to take
to address the purposes underlying the recommendation.
(3) A summary of any additional actions the Secretary plans to take
to address concerns raised in the final report about the size and
structure of the acquisition workforce of the Department of Defense.
(c) Comptroller General Review.--Not later than 60 days after the
date on which the Secretary submits the report required by subsection
(a), the Comptroller General shall--
(1) review the report; and
(2) submit to the committees referred to in subsection (a) the
Comptroller General's assessment of the extent to which the report--
(A) complies with the requirements of this section; and
(B) addresses the concerns raised in the final report about the size
and structure of the acquisition workforce of the Department of Defense.
Subtitle D--Other Matters
SEC. 831. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES
IN PAYMENTS TO CONTRACTORS AND RECOVERY OF AMOUNTS ERRONEOUSLY PAID.
(a) Program Required.--(1) Chapter 35 of title 31, United States
Code, is amended by adding at the end the following new subchapter:
``SUBCHAPTER VI--RECOVERY AUDITS
``3561. Identification of errors made by executive agencies in
payments to contractors and recovery of amounts erroneously paid
``(a) Program Required.--The head of each executive agency that
enters into contracts with a total value in excess of $500,000,000 in a
fiscal year shall carry out a cost-effective program for identifying any
errors made in paying the contractors and for recovering any amounts
erroneously paid to the contractors.
``(b) Recovery Audits and Activities.--A program of an executive
agency under subsection (a) shall include recovery audits and recovery
activities. The head of the executive agency shall determine, in
accordance with guidance provided under subsection (c), the classes of
contracts to which recovery audits and recovery activities are
appropriately applied.
``(c) OMB Guidance.--The Director of the Office of Management and
Budget shall issue guidance for the conduct of programs under subsection
(a). The guidance shall include the following:
``(1) Definitions of the terms `recovery audit' and `recovery
activity' for the purposes of the programs.
``(2) The classes of contracts to which recovery audits and recovery
activities are appropriately applied under the programs.
``(3) Protections for the confidentiality of--
``(A) sensitive financial information that has not been released for
use by the general public; and
``(B) information that could be used to identify a person.
``(4) Policies and procedures for ensuring that the implementation
of the programs does not result in duplicative audits of contractor
records.
``(5) Policies regarding the types of contracts executive agencies
may use for the procurement of recovery services, including guidance for
use, in appropriate circumstances, of a contingency contract pursuant to
which the head of an executive agency may pay a contractor an amount
equal to a percentage of the total amount collected for the United
States pursuant to that contract.
``(6) Protections for a contractor's records and facilities through
restrictions on the authority of a contractor under a contract for the
procurement of recovery services for an executive agency--
``(A) to require the production of any record or information by any
person other than an officer, employee, or agent of the executive
agency;
``(B) to establish, or otherwise have, a physical presence on the
property or premises of any private sector entity for the purposes of
performing the contract; or
``(C) to act as agents for the Government in the recovery of funds
erroneously paid to contractors.
``(7) Policies for the appropriate types of management improvement
programs authorized by section 3564 of this title that executive
agencies may carry out to address overpayment problems and the recovery
of overpayments.
``3562. Disposition of recovered funds
``(a) Availability of Funds for Recovery Audits and Activities
Program.--Funds collected under a program carried out by an executive
agency under section 3561 of this title shall be available to the
executive agency for the following purposes:
``(1) To reimburse the actual expenses incurred by the executive
agency in the administration of the program.
``(2) To pay contractors for services under the program in
accordance with the guidance issued under section 3561(c)(5) of this
title.
``(b) Funds Not Used for Program.--Any amounts erroneously paid by an
executive agency that are recovered under such a program of an executive
agency and are not used to reimburse expenses or pay contractors under
subsection (a)--
``(1) shall be credited to the appropriations from which the
erroneous payments were made, shall be merged with other amounts in
those appropriations, and shall be available for the purposes and period
for which such appropriations are available; or
``(2) if no such appropriation remains available, shall be deposited
in the Treasury as miscellaneous receipts.
``(c) Priority of Other Authorized Dispositions.--Notwithstanding
subsection (b), the authority under such subsection may not be exercised
to use, credit, or deposit funds collected under such a program as
provided in that subsection to the extent that any other provision of
law requires or authorizes the crediting of such funds to a
nonappropriated fund instrumentality, revolving fund, working-capital
fund, trust fund, or other fund or account.
``3563. Sources of recovery services
``(a) Consideration of Available Recovery Resources.--(1) In carrying
out a program under section 3561 of this title, the head of an executive
agency shall consider all resources available to that official to carry
out the program.
``(2) The resources considered by the head of an executive agency for
carrying out the program shall include the resources available to the
executive agency for such purpose from the following sources:
``(A) The executive agency.
``(B) Other departments and agencies of the United States.
``(C) Private sector sources.
``(b) Compliance With Applicable Law and Regulations.--Before
entering into a contract with a private sector source for the
performance of services under a program of the executive agency carried
out under section 3561 of this title, the head of an executive agency
shall comply with--
``(1) any otherwise applicable provisions of Office of Management
and Budget Circular A 76; and
``(2) any other applicable provision of law or regulation with
respect to the selection between employees of the United States and
private sector sources for the performance of services.
``3564. Management improvement programs
``In accordance with guidance provided by the Director of the Office
of Management and Budget under section 3561 of this title, the head of
an executive agency required to carry out a program under such section
3561 may carry out a program for improving management processes within
the executive agency--
``(1) to address problems that contribute directly to the occurrence
of errors in the paying of contractors of the executive agency; or
``(2) to improve the recovery of overpayments due to the agency.
``3565. Relationship to authority of inspectors general
``Nothing in this subchapter shall be construed as impairing the
authority of an Inspector General under the Inspector General Act of
1978 or any other provision of law.
``3566. Privacy protections
``Any nongovernmental entity that, in the course of recovery auditing
or recovery activity under this subchapter, obtains information that
identifies an individual or with respect to which there is a reasonable
basis to believe that the information can be used to identify an
individual, may not disclose the information for any purpose other than
such recovery auditing or recovery activity and governmental oversight
of such activity, unless disclosure for that other purpose is authorized
by the individual to the executive agency that contracted for the
performance of the recovery auditing or recovery activity.
``3567. Definition of executive agency
``Notwithstanding section 102 of this title, in this subchapter, the
term `executive agency' has the meaning given that term in section 4(1)
of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).''.
(2) The table of sections at the beginning of chapter 35 of such
title is amended by adding at the end the following:
``SUBCHAPTER VI--RECOVERY AUDITS
``3561. Identification of errors made by executive agencies in
payments to contractors and recovery of amounts erroneously paid.
``3562. Disposition of recovered funds.
``3563. Sources of recovery services.
``3564. Management improvement programs.
``3565. Relationship to authority of inspectors general.
``3566. Privacy protections.
``3567. Definition of executive agency.''.
(b) Reports.--(1) Not later than 30 months after the date of the
enactment of this Act, and annually for each of the first two years
following the year of the first report, the Director of the Office of
Management and Budget shall submit to the Committee on Government Reform
of the House of Representatives and the Committee on Governmental
Affairs of the Senate, a report on the implementation of subchapter VI
of chapter 35 of title 31, United States Code (as added by subsection
(a)).
(2) Each report shall include--
(A) a general description and evaluation of the steps taken by the
heads of executive agencies to carry out the programs under such
subchapter, including any management improvement programs carried out
under section 3564 of such title 31;
(B) the costs incurred by executive agencies to carry out the
programs under such subchapter; and
(C) the amounts recovered under the programs under such subchapter.
(c) Conforming Amendment.--Section 3501 of such title is amended by
inserting ``and subchapter VI'' after ``section 3513''.
SEC. 832. CODIFICATION AND MODIFICATION OF PROVISION OF LAW
KNOWN AS THE ``BERRY AMENDMENT''.
(a) Buy American Requirements.--(1) Chapter 148 of title 10, United
States Code, is amended by inserting after section 2533 the following
new section:
``2533a. Requirement to buy certain articles from American
sources; exceptions
``(a) Requirement.--Except as provided in subsections (c) through
(h), funds appropriated or otherwise available to the Department of
Defense may not be used for the procurement of an item described in
subsection (b) if the item is not grown, reprocessed, reused, or
produced in the United States.
``(b) Covered Items.--An item referred to in subsection (a) is any of
the following:
``(1) An article or item of--
``(A) food;
``(B) clothing;
``(C) tents, tarpaulins, or covers;
``(D) cotton and other natural fiber products, woven silk or woven
silk blends, spun silk yarn for cartridge cloth, synthetic fabric or
coated synthetic fabric (including all textile fibers and yarns that are
for use in such fabrics), canvas products, or wool (whether in the form
of fiber or yarn or contained in fabrics, materials, or manufactured
articles); or
``(E) any item of individual equipment manufactured from or
containing such fibers, yarns, fabrics, or materials.
``(2) Specialty metals, including stainless steel flatware.
``(3) Hand or measuring tools.
``(c) Availability Exception.--Subsection (a) does not apply to the
extent that the Secretary of Defense or the Secretary of the military
department concerned determines that satisfactory quality and sufficient
quantity of any such article or item described in subsection (b)(1) or
specialty metals (including stainless steel flatware) grown,
reprocessed, reused, or produced in the United States cannot be procured
as and when needed at United States market prices.
``(d) Exception for Certain Procurements Outside the United
States.--Subsection (a) does not apply to the following:
``(1) Procurements outside the United States in support of combat
operations.
``(2) Procurements by vessels in foreign waters.
``(3) Emergency procurements or procurements of perishable foods by
an establishment located outside the United States for the personnel
attached to such establishment.
``(e) Exception for Specialty Metals and Chemical Warfare Protective
Clothing.--Subsection (a) does not preclude the procurement of specialty
metals or chemical warfare protective clothing produced outside the
United States if--
``(1) such procurement is necessary--
``(A) to comply with agreements with foreign governments requiring
the United States to purchase supplies from foreign sources for the
purposes of offsetting sales made by the United States Government or
United States firms under approved programs serving defense
requirements; or
``(B) in furtherance of agreements with foreign governments in which
both such governments agree to remove barriers to purchases of supplies
produced in the other country or services performed by sources of the
other country; and
``(2) any such agreement with a foreign government complies, where
applicable, with the requirements of section 36 of the Arms Export
Control Act (22 U.S.C. 2776) and with section 2457 of this title.
``(f) Exception for Certain Foods.--Subsection (a) does not preclude
the procurement of foods manufactured or processed in the United States.
``(g) Exception for Commissaries, Exchanges, and Other
Nonappropriated Fund Instrumentalities.--Subsection (a) does not apply
to items purchased for resale purposes in commissaries, exchanges, or
nonappropriated fund instrumentalities operated by the Department of
Defense.
``(h) Exception for Small Purchases.--Subsection (a) does not apply
to purchases for amounts not greater than the simplified acquisition
threshold referred to in section 2304(g) of this title.
``(i) Applicability to Contracts and Subcontracts for Procurement of
Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
``(j) Geographic Coverage.--In this section, the term `United States'
includes the possessions of the United States.''.
(2) The table of sections at the beginning of subchapter V of such
chapter is amended by inserting after the item relating to section 2533
the following new item:
``2533a. Requirement to buy certain articles from American
sources; exceptions.''.
(b) Repeal of Source Provisions.--The following provisions of law are
repealed:
(1) Section 9005 of the Department of Defense Appropriations Act,
1993 (Public Law 102 396; 10 U.S.C. 2241 note).
(2) Section 8109 of the Department of Defense Appropriations Act,
1997 (as contained in section 101(b) of Public Law 104 208; 110 Stat.
3009 111; 10 U.S.C. 2241 note).
SEC. 833. PERSONAL SERVICES CONTRACTS TO BE PERFORMED BY
INDIVIDUALS OR ORGANIZATIONS ABROAD.
Section 2 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2669) is amended by adding at the end the following:
``(n) exercise the authority provided in subsection (c), upon the
request of the Secretary of Defense or the head of any other department
or agency of the United States, to enter into personal service contracts
with individuals to perform services in support of the Department of
Defense or such other department or agency, as the case may be.''.
SEC. 834. REQUIREMENTS REGARDING INSENSITIVE MUNITIONS.
(a) Requirement To Ensure Safety.--(1) Chapter 141 of title 10,
United States Code, is amended by inserting after section 2388 the
following new section:
``2389. Ensuring safety regarding insensitive munitions
``The Secretary of Defense shall ensure, to the extent practicable,
that insensitive munitions under development or procurement are safe
throughout development and fielding when subject to unplanned
stimuli.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2388 the following new
item:
``2389. Ensuring safety regarding insensitive munitions.''.
(b) Report Requirement.--At the same time that the budgets for fiscal
years 2003 through 2005 are submitted to Congress under section 1105(a)
of title 31, United States Code, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on insensitive munitions. The reports shall
include the following:
(1) The number of waivers granted pursuant to Department of Defense
Regulation 5000.2 R (June 2001) during the preceding fiscal year,
together with a discussion of the justifications for the waivers.
(2) Identification of the funding proposed for insensitive munitions
in the budget with which the report is submitted, together with an
explanation of the proposed funding.
SEC. 835. INAPPLICABILITY OF LIMITATION TO SMALL PURCHASES OF
MINIATURE OR INSTRUMENT BALL OR ROLLER BEARINGS UNDER CERTAIN
CIRCUMSTANCES.
(a) In General.--Section 2534 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(j) Inapplicability to Certain Contracts To Purchase Ball Bearings
or Roller Bearings.--(1) This section does not apply with respect to a
contract or subcontract to purchase items described in subsection (a)(5)
(relating to ball bearings and roller bearings) for which--
``(A) the amount of the purchase does not exceed $2,500;
``(B) the precision level of the ball or roller bearings to be
procured under the contract or subcontract is rated lower than the
rating known as Annual Bearing Engineering Committee (ABEC) 5 or Roller
Bearing Engineering Committee (RBEC) 5, or an equivalent of such rating;
``(C) at least two manufacturers in the national technology and
industrial base that are capable of producing the ball or roller
bearings have not responded to a request for quotation issued by the
contracting activity for that contract or subcontract; and
``(D) no bearing to be procured under the contract or subcontract
has a basic outside diameter (exclusive of flange diameters) in excess
of 30 millimeters.
``(2) Paragraph (1) does not apply to a purchase if such purchase
would result in the total amount of purchases of ball bearings and
roller bearings to satisfy requirements under Department of Defense
contracts, using the authority provided in such paragraph, to exceed
$200,000 during the fiscal year of such purchase.''.
(b) Applicability.--Subsection (j) of such section 2534 (as added by
subsection (a)) shall apply with respect to a contract or subcontract to
purchase ball bearings or roller bearings entered into after the date of
the enactment of this Act.
SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO
FACILITATE THE DEFENSE AGAINST TERRORISM OR BIOLOGICAL OR CHEMICAL
ATTACK.
(a) Increased Flexibility for Use of Streamlined Procedures.--The
following special authorities apply to procurements of property and
services by or for the Department of Defense for which funds are
obligated during fiscal year 2002 and 2003:
(1) Micropurchase and simplified acquisition thresholds.--For any
procurement of property or services for use (as determined by the
Secretary of Defense) to facilitate the defense against terrorism or
biological or chemical attack against the United States--
(A) the amount specified in subsections (c), (d), and (f) of section
32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) shall
be deemed to be $15,000 in the administration of that section with
respect to such procurement; and
(B) the term ``simplified acquisition threshold'' means, in the case
of any contract to be awarded and performed, or purchase to be made--
(i) inside the United States in support of a contingency operation,
$250,000; or
(ii) outside the United States in support of a contingency
operation, $500,000.
(2) Commercial item treatment for procurements of
biotechnology.--For any procurement of biotechnology property or
biotechnology services for use (as determined by the Secretary of
Defense) to facilitate the defense against terrorism or biological
attack against the United States, the procurement shall be treated as
being a procurement of commercial items.
(b) Recommendations for Additional Emergency Procurement Authority To
Support Anti-Terrorism Operations.--Not later than March 1, 2002, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing the
Secretary's recommendations for additional emergency procurement
authority that the Secretary (subject to the direction of the President)
determines necessary to support operations carried out to combat
terrorism.
(c) Termination of Authority.--No contract may be entered into
pursuant to the authority provided in subsection (a) after September 30,
2003.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE A--DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS
Sec. 901. Deputy Under Secretary of Defense for Personnel and Readiness.
Sec. 902. Sense of Congress on functions of new Office of Force
Transformation in the Office of the Secretary of Defense.
Sec. 903. Suspension of reorganization of engineering and
technical authority policy within the Naval Sea Systems Command pending
report to congressional committees.
SUBTITLE B--SPACE ACTIVITIES
Sec. 911. Joint management of space programs.
Sec. 912. Requirement to establish in the Air Force an officer
career field for space.
Sec. 913. Secretary of Defense report on space activities.
Sec. 914. Comptroller General assessment of implementation of
recommendations of Space Commission.
Sec. 915. Sense of Congress regarding officers recommended to be
appointed to serve as Commander of United States Space Command.
SUBTITLE C--REPORTS
Sec. 921. Revised requirement for Chairman of the Joint Chiefs of
Staff to advise Secretary of Defense on the assignment of roles and
missions to the Armed Forces.
Sec. 922. Revised requirements for content of annual report on
joint warfighting experimentation.
Sec. 923. Repeal of requirement for one of three remaining
required reports on activities of Joint Requirements Oversight Council.
Sec. 924. Revised joint report on establishment of national
collaborative information analysis capability.
SUBTITLE D--OTHER MATTERS
Sec. 931. Conforming amendments relating to change of name of
Military Airlift Command to Air Mobility Command.
Sec. 932. Organizational realignment for Navy Director for
Expeditionary Warfare.
SUBTITLE A--DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS
SEC. 901. DEPUTY UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS.
(a) Establishment of Position.--(1) Chapter 4 of title 10, United
States Code, is amended by inserting after section 136 the following new
section:
``136a. Deputy Under Secretary of Defense for Personnel and Readiness
``(a) There is a Deputy Under Secretary of Defense for Personnel and
Readiness, appointed from civilian life by the President, by and with
the advice and consent of the Senate.
``(b) The Deputy Under Secretary of Defense for Personnel and
Readiness shall assist the Under Secretary of Defense for Personnel and
Readiness in the performance of the duties of that position. The Deputy
Under Secretary of Defense for Personnel and Readiness shall act for,
and exercise the powers of, the Under Secretary when the Under Secretary
is absent or disabled.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 136 the following new
item:
``136a. Deputy Under Secretary of Defense for Personnel and
Readiness.''.
(b) Executive Level IV.--Section 5315 of title 5, United States Code,
is amended by inserting after ``Deputy Under Secretary of Defense for
Policy.'' the following:
``Deputy Under Secretary of Defense for Personnel and Readiness.''.
(c) Reduction in Number of Assistant Secretaries of Defense.--(1)
Section 138(a) of title 10, United States Code, is amended by striking
``nine'' and inserting ``eight''.
(2) Section 5315 of title 5, United States Code, is amended by
striking ``(9)'' after ``Assistant Secretaries of Defense'' and
inserting ``(8)''.
(d) Effective Date.--The amendments made by subsection (c) shall take
effect on the date on which a person is first appointed as Deputy Under
Secretary of Defense for Personnel and Readiness.
SEC. 902. SENSE OF CONGRESS ON FUNCTIONS OF NEW OFFICE OF
FORCE TRANSFORMATION IN THE OFFICE OF THE SECRETARY OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) The Armed Forces should give careful consideration to
implementing transformation to meet operational challenges and exploit
opportunities resulting from changes in the threat environment and the
emergence of new technologies.
(2) The Department of Defense 2001 Quadrennial Defense Review
Report, issued by the Secretary of Defense on September 30, 2001, states
that `The purpose of transformation is to maintain or improve U.S.
military preeminence in the face of potential disproportionate
discontinuous changes in the strategic environment. Transformation must
therefore be focused on emerging strategic and operational challenges
and the opportunities created by these challenges.''.
(3) That report further states that ``To support the transformation
effort, and to foster innovation and experimentation, the Department
will establish a new office reporting directly to the Secretary and
Deputy Secretary of Defense.''.
(b) Sense of Congress on Functions of Office of Force
Transformation.--It is the sense of Congress that the Director of the
Office of Force Transformation within the Office of the Secretary of
Defense should advise the Secretary on--
(1) development of force transformation strategies to ensure that
the military of the future is prepared to dissuade potential military
competitors and, if that fails, to fight and win decisively across the
spectrum of future conflict;
(2) ensuring a continuous and broadly focused transformation process;
(3) service and joint acquisition and experimentation efforts,
funding for experimentation efforts, promising operational concepts and
technologies, and other transformation activities, as appropriate; and
(4) development of service and joint operational concepts,
transformation implementation strategies, and risk management
strategies.
(c) Sense of Congress on Funding.--It is the sense of Congress that
the Secretary of Defense should consider providing funding adequate for
sponsoring selective prototyping efforts, war games, and studies and
analyses and for appropriate staffing, as recommended by the Director of
the Office of Force Transformation referred to in subsection (b).
SEC. 903. SUSPENSION OF REORGANIZATION OF ENGINEERING AND
TECHNICAL AUTHORITY POLICY WITHIN THE NAVAL SEA SYSTEMS COMMAND PENDING
REPORT TO CONGRESSIONAL COMMITTEES.
(a) Suspension of Reorganization.--During the period specified in
subsection (b), the Secretary of the Navy may not grant final approval
for any reorganization in engineering or technical authority policy for
the Naval Sea Systems Command or any of the subsidiary activities of
that command.
(b) Report.--Subsection (a) applies during the period beginning on
the date of the enactment of this Act and ending 45 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 of engineering and technical authority policy within
the Naval Sea Systems Command.
Subtitle B--Space Activities
SEC. 911. JOINT MANAGEMENT OF SPACE PROGRAMS.
(a) In General.--Part IV of subtitle A of title 10, United States
Code, is amended by inserting after chapter 134 the following new
chapter:
``CHAPTER 135--SPACE PROGRAMS
``Sec.
``2271. Management of space programs: joint program offices and
officer management programs.
``2271. Management of space programs: joint program offices
and officer management programs
``(a) Joint Program Offices.--The Secretary of Defense shall take
appropriate actions to ensure, to the maximum extent practicable, that
space development and acquisition programs of the Department of Defense
are carried out through joint program offices.
``(b) Officer Management Programs.--(1) The Secretary of Defense
shall take appropriate actions to ensure, to the maximum extent
practicable, that--
``(A) Army, Navy, and Marine Corps officers, as well as Air Force
officers, are assigned to the space development and acquisition programs
of the Department of Defense; and
``(B) Army, Navy, and Marine Corps officers, as well as Air Force
officers, are eligible, on the basis of qualification, to hold
leadership positions within the joint program offices referred to in
subsection (a).
``(2) The Secretary of Defense shall designate those positions in the
Office of the National Security Space Architect of the Department of
Defense (or any successor office) that qualify as joint duty assignment
positions for purposes of chapter 38 of this title.''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
such subtitle and the beginning of part IV of such subtitle are amended
by inserting after the item relating to chapter 134 the following new
item:
``135. Space Programs
2271''.
SEC. 912. REQUIREMENT TO ESTABLISH IN THE AIR FORCE AN OFFICER
CAREER FIELD FOR SPACE.
(a) In General.--Chapter 807 of title 10, United States Code, is
amended by adding at the end the following new section:
``8084. Officer career field for space
``The Secretary of the Air Force shall establish and implement
policies and procedures to develop a career field for officers in the
Air Force with technical competence in space-related matters to have the
capabilty to--
``(1) develop space doctrine and concepts of space operations;
``(2) develop space systems; and
``(3) operate space systems.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``8084. Officer career field for space.''.
SEC. 913. SECRETARY OF DEFENSE REPORT ON SPACE ACTIVITIES.
(a) Report.--(1) Not later than March 15, 2002, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on problems in the management and organization of the Department
of Defense for space activities that were identified in the report of
the Space Commission, including a description of the actions taken by
the Secretary to address those problems.
(2) For purposes of paragraph (1), the term ``report of the Space
Commission'' means the report of the Commission To Assess United States
National Security Space Management and Organization, dated January 11,
2001, and submitted to Congress under section 1623 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106 65; 113
Stat. 815).
(b) Matters To Be Included.--The report of the Secretary of Defense
under subsection (a) shall include a description of, and rationale for,
each of the following:
(1) Actions taken by the Secretary of Defense to realign management
authorities and responsibilities for space programs of the Department of
Defense.
(2) Steps taken to--
(A) establish a career field for officers in the Air Force with
technical competence in space-related matters, in accordance with
section 8084 of title 10, United States Code, as added by section 912;
(B) ensure that officers in that career field are treated fairly and
objectively within the overall Air Force officer personnel system; and
(C) ensure that the primary responsibility for management of that
career field is assigned appropriately.
(3) Other steps taken within the Air Force to ensure proper priority
for development of space systems.
(4) Steps taken to ensure that the interests of the Army, the Navy,
and the Marine Corps in development and acquisition of space systems,
and in the operations of space systems, are protected.
(5) Steps taken by the Office of the Secretary of Defense and the
military departments to ensure that the Army, Navy, and Marine Corps
continue to develop military and civilian personnel with the required
expertise in space system development, acquisition, management, and
operation.
(6) Steps taken to ensure adequate oversight by the Office of the
Secretary of Defense of the actions of the Under Secretary of the Air
Force as the acquisition executive for Department of Defense space
programs.
(7) Steps taken to improve oversight of the level of funding
provided for space programs and the level of personnel resources
provided for space programs.
SEC. 914. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION OF
RECOMMENDATIONS OF SPACE COMMISSION.
(a) Assessment.--(1) The Comptroller General shall carry out an
assessment through February 15, 2003, of the actions taken by the
Secretary of Defense in implementing the recommendations in the report
of the Space Commission that are applicable to the Department of
Defense.
(2) For purposes of paragraph (1), the term ``report of the Space
Commission'' means the report of the Commission To Assess United States
National Security Space Management and Organization, dated January 11,
2001, and submitted to Congress under section 1623 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106 65; 113
Stat. 815).
(b) Reports.--Not later than February 15 of each of 2002 and 2003,
the Comptroller General shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives a report on the assessment carried out under subsection
(a). Each report shall set forth the results of the assessment as of the
date of such report.
SEC. 915. SENSE OF CONGRESS REGARDING OFFICERS RECOMMENDED TO
BE APPOINTED TO SERVE AS COMMANDER OF UNITED STATES SPACE COMMAND.
It is the sense of Congress that the position of commander of the
United States Space Command, a position of importance and responsibility
designated by the President under section 601 of title 10, United States
Code, to carry the grade of general or admiral and covered by section
604 of that title, relating to recommendations by the Secretary of
Defense for appointment of officers to certain four-star joint officer
positions, should by filled by the best qualified officer of the Army,
Navy, Air Force, or Marine Corps, rather than by officers from the same
armed force that has traditionally provided officers for that position.
SUBTITLE C--REPORTS
SEC. 921. REVISED REQUIREMENT FOR CHAIRMAN OF THE JOINT CHIEFS
OF STAFF TO ADVISE SECRETARY OF DEFENSE ON THE ASSIGNMENT OF ROLES AND
MISSIONS TO THE ARMED FORCES.
(a) Assessment During Quadrennial Defense Review.--Section 118(e) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e) CJCS Review.--'';
(2) by designating the second and third sentences as paragraph (3);
and
(3) by inserting after paragraph (1), as designated by paragraph (1)
of this subsection, the following new paragraph:
``(2) The Chairman shall include as part of that assessment the
Chairman's assessment of the assignment of functions (or roles and
missions) to the armed forces, together with any recommendations for
changes in assignment that the Chairman considers necessary to achieve
maximum efficiency of the armed forces. In preparing the assessment
under this paragraph, the Chairman shall consider (among other matters)
the following:
``(A) Unnecessary duplication of effort among the armed forces.
``(B) Changes in technology that can be applied effectively to
warfare.''.
(b) Repeal of Requirement for Triennial Report on Assignment of Roles
and Missions.--Section 153 of such title is amended--
(1) by striking ``(a) Planning; Advice; Policy Formulation.--''; and
(2) by striking subsection (b).
(c) Assessment With Respect to 2001 QDR.--With respect to the 2001
Quadrennial Defense Review, the Chairman of the Joint Chiefs of Staff
shall submit to Congress a separate assessment of functions (or roles
and missions) of the Armed Forces in accordance with paragraph (2) of
section 118(e) of title 10, United States Code, as added by subsection
(a)(3). Such assessment shall be based on the findings in the 2001
Quadrennial Defense Review, issued by the Secretary of Defense on
September 30, 2001, and shall be submitted to Congress not later than
one year after the date of the enactment of this Act.
SEC. 922. REVISED REQUIREMENTS FOR CONTENT OF ANNUAL REPORT ON
JOINT WARFIGHTING EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is amended--
(1) in paragraph (4)(E)--
(A) by inserting ``(by lease or by purchase)'' after ``acquire''; and
(B) by inserting ``(including any prototype)'' after ``or
equipment''; and
(2) by adding at the end the following new paragraph:
``(6) A specific assessment of whether there is a need for a major
force program for funding--
``(A) joint warfighting experimentation; and
``(B) the development and acquisition of any technology the value of
which has been empirically demonstrated through such experimentation.''.
SEC. 923. REPEAL OF REQUIREMENT FOR ONE OF THREE REMAINING
REQUIRED REPORTS ON ACTIVITIES OF JOINT REQUIREMENTS OVERSIGHT COUNCIL.
Section 916 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 231) is amended--
(1) in the section heading, by striking `` Semiannual Report'' and
inserting `` Reports'';
(2) in subsection (a)--
(A) by striking `` Semiannual Report'' in the subsection heading and
inserting `` Reports Required''; and
(B) by striking ``five semiannual''; and
(3) in subsection (b)--
(A) by striking ``September 1, 2002,''; and
(B) by striking the period at the end of the last sentence and
inserting ``, except that the last report shall cover all of the
preceding fiscal year.''.
SEC. 924. REVISED JOINT REPORT ON ESTABLISHMENT OF NATIONAL
COLLABORATIVE INFORMATION ANALYSIS CAPABILITY.
(a) Revised Report.--At the same time as the submission of the budget
for fiscal year 2003 under section 1105 of title 31, United States Code,
the Secretary of Defense and the Director of Central Intelligence shall
submit to the congressional defense committees and the congressional
intelligence committees a revised report assessing alternatives for the
establishment of a national collaborative information analysis
capability.
(b) Matters Included.--The revised report shall cover the same
matters required to be included in the DOD/CIA report, except that the
alternative architectures assessed in the revised report shall be
limited to architectures that include the participation of all Federal
agencies involved in the collection of intelligence. The revised report
shall also identify any issues that would require legislative or
regulatory changes in order to implement the preferred architecture
identified in the revised report.
(c) Officials To Be Consulted.--The revised report shall be prepared
after consultation with all appropriate Federal officials, including the
following:
(1) The Secretary of the Treasury.
(2) The Secretary of Commerce.
(3) The Secretary of State.
(4) The Attorney General.
(5) The Director of the Federal Bureau of Investigation.
(6) The Administrator of the Drug Enforcement Administration.
(d) Definitions.--In this section:
(1) Dod/cia report.--The term ``DOD/CIA report'' means the joint
report required by section 933 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 237).
(2) Congressional intelligence committees.--The term ``congressional
intelligence committees'' means the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle D--Other Matters
SEC. 931. CONFORMING AMENDMENTS RELATING TO CHANGE OF NAME OF
MILITARY AIRLIFT COMMAND TO AIR MOBILITY COMMAND.
(a) Current References in Title 10 , United States Code.--Section
2554(d) of title 10, United States Code, and section 2555(a) of such
title (relating to transportation services for international Girl Scout
events) are amended by striking ``Military Airlift Command'' and
inserting ``Air Mobility Command''.
(b) Repeal of Obsolete Provision.--Section 8074 of such title is
amended by striking subsection (c).
(c) References in Title 37 , United States Code.--Sections 430(c) and
432(b) of title 37, United States Code, are amended by striking
``Military Airlift Command'' and inserting ``Air Mobility Command''.
SEC. 932. ORGANIZATIONAL REALIGNMENT FOR NAVY DIRECTOR FOR
EXPEDITIONARY WARFARE.
Section 5038(a) of title 10, United States Code, is amended by
striking ``Office of the Deputy Chief of Naval Operations for Resources,
Warfare Requirements, and Assessments'' and inserting ``office of the
Deputy Chief of Naval Operations with responsibility for warfare
requirements and programs''.
TITLE X--GENERAL PROVISIONS
SUBTITLE A--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of supplemental appropriations for fiscal
year 2001.
Sec. 1004. United States contribution to NATO common-funded
budgets in fiscal year 2002.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2002.
Sec. 1006. Maximum amount for National Foreign Intelligence Program.
Sec. 1007. Clarification of applicability of interest penalties
for late payment of interim payments due under contracts for services.
Sec. 1008. Reliability of Department of Defense financial statements.
Sec. 1009. Financial Management Modernization Executive Committee
and financial feeder systems compliance process.
Sec. 1010. Authorization of funds for ballistic missile defense
programs or combating terrorism programs of the Department of Defense.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Sec. 1011. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1012 Sale of Glomar Explorer to the lessee.
Sec. 1013. Leasing of Navy ships for university national
oceanographic laboratory system.
Sec. 1014. Increase in limitations on administrative authority of
the Navy to settle admiralty claims.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Sec. 1021. Extension and restatement of authority to provide
Department of Defense support for counter-drug activities of other
governmental agencies.
Sec. 1022. Extension of reporting requirement regarding Department
of Defense expenditures to support foreign counter-drug activities.
Sec. 1023. Authority to transfer Tracker aircraft currently used
by Armed Forces for counter-drug purposes.
Sec. 1024. Limitation on use of funds for operation of Tethered
Aerostat Radar System pending submission of required report.
SUBTITLE D--STRATEGIC FORCES
Sec. 1031. Repeal of limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1032. Air Force bomber force structure.
Sec. 1033. Additional element for revised nuclear posture review.
Sec. 1034. Report on options for modernization and enhancement of
missile wing helicopter support.
SUBTITLE E--OTHER DEPARTMENT OF DEFENSE PROVISIONS
Sec. 1041. Secretary of Defense recommendation on need for
Department of Defense review of proposed Federal agency actions to
consider possible impact on national defense.
Sec. 1042. Department of Defense reports to Congress to be
accompanied by electronic version upon request.
Sec. 1043. Department of Defense gift authorities.
Sec. 1044. Acceleration of research, development, and production
of medical countermeasures for defense against biological warfare
agents.
Sec. 1045. Chemical and biological protective equipment for
military personnel and civilian employees of the Department of Defense.
Sec. 1046. Sale of goods and services by Naval Magazine, Indian
Island, Alaska.
Sec. 1047. Report on procedures and guidelines for embarkation of
civilian guests on naval vessels for public affairs purposes.
Sec. 1048. Technical and clerical amendments.
Sec. 1049. Termination of referendum requirement regarding
continuation of military training on island of Vieques, Puerto Rico, and
imposition of additional conditions on closure of live-fire training
range.
SUBTITLE F--OTHER MATTERS
Sec. 1061. Assistance for firefighters.
Sec. 1062. Extension of times for Commission on the Future of the
United States Aerospace industry to report and to terminate.
Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund.
Sec. 1064. Waiver of vehicle weight limits during periods of
national emergency.
Sec. 1065. Repair, restoration, and preservation of Lafayette
Escadrille Memorial, Marnes-la-Coquette, France.
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
2002 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. [H1002]. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by the
committee of conference to accompany the conference report on the bill
S. 1438 of the One Hundred Seventh Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts specified
in the Classified Annex are not in addition to amounts authorized to be
appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2001.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2001 in the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398) 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 title I of the Supplemental
Appropriations Act, 2001 (Public Law 107 20).
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2002.
(a) Fiscal Year 2002 Limitation.--The total amount contributed by the
Secretary of Defense in fiscal year 2002 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
2001, of funds appropriated for fiscal years before fiscal year 2002 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), $708,000 for the Civil
Budget.
(2) Of the amount provided in section 301(a)(1), $175,849,000 for
the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded budgets
of NATO'' means the Military Budget, the Security Investment Program,
and the Civil Budget of the North Atlantic Treaty Organization (and any
successor or additional account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term ``fiscal year
1998 baseline limitation'' means the maximum annual amount of Department
of Defense contributions for common-funded budgets of NATO that is set
forth as the annual limitation in section 3(2)(C)(ii) of the resolution
of the Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of 1949 on
the Accession of Poland, Hungary, and the Czech Republic (as defined in
section 4(7) of that resolution), approved by the Senate on April 30,
1998.
SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO
PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2002.
(a) Limitation.--Of the amounts authorized to be appropriated by
section 301(a)(24) for the Overseas Contingency Operations Transfer
Fund--
(1) no more than $1,315,600,000 may be obligated for incremental
costs of the Armed Forces for Bosnia peacekeeping operations; and
(2) no more than $1,528,600,000 may be obligated for incremental
costs of the Armed Forces for Kosovo peacekeeping operations.
(b) Presidential Waiver.--The President may waive the limitation in
subsection (a)(1), or the limitation in subsection (a)(2), after
submitting to Congress the following:
(1) The President's written certification that the waiver is
necessary in the national security interests of the United States.
(2) The President's written certification that exercising the waiver
will not adversely affect the readiness of United States military
forces.
(3) A report setting forth the following:
(A) The reasons that the waiver is necessary in the national
security interests of the United States.
(B) The specific reasons that additional funding is required for the
continued presence of United States military forces participating in, or
supporting, Bosnia peacekeeping operations, or Kosovo peacekeeping
operations, as the case may be, for fiscal year 2002.
(C) A discussion of the impact on the military readiness of United
States Armed Forces of the continuing deployment of United States
military forces participating in, or supporting, Bosnia peacekeeping
operations, or Kosovo peacekeeping operations, as the case may be.
(4) A supplemental appropriations request for the Department of
Defense for such amounts as are necessary for the additional fiscal year
2002 costs associated with United States military forces participating
in, or supporting, Bosnia or Kosovo peacekeeping operations.
(c) Peacekeeping Operations Defined.--For the purposes of this
section:
(1) The term ``Bosnia peacekeeping operations'' has the meaning
given such term in section 1004(e) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105 261; 112
Stat. 2112).
(2) The term ``Kosovo peacekeeping operations''--
(A) means the operation designated as Operation Joint Guardian and
any other operation involving the participation of any of the Armed
Forces in peacekeeping or peace enforcement activities in and around
Kosovo; and
(B) includes, with respect to Operation Joint Guardian or any such
other operation, each activity that is directly related to the support
of the operation.
SEC. 1006. MAXIMUM AMOUNT FOR NATIONAL FOREIGN INTELLIGENCE PROGRAM.
The total amount authorized to be appropriated for the National
Foreign Intelligence Program for fiscal year 2002 is the sum of the
following:
(1) The total amount set forth for the National Foreign Intelligence
Program for fiscal year 2002 in the message of the President to Congress
transmitted by the President on June 27, 2001, and printed as House
Document 107 92, captioned ``Communication of the President of the
United States Transmitting Requests for Fiscal Year 2002 Budget
Amendments for the Department of Defense''.
(2) The total amount, if any, appropriated for the National Foreign
Intelligence Program for fiscal year 2002 pursuant to the 2001 Emergency
Supplemental Appropriations Act for Recovery from and Response to
Terrorist Attacks on the United States (Public Law 107 38; 115 Stat. 220
221).
(3) The total amount, if any, appropriated for the National Foreign
Intelligence Program for fiscal year 2002 in any law making supplemental
appropriations for fiscal year 2002 that is enacted during the second
session of the 107th Congress.
SEC. 1007. CLARIFICATION OF APPLICABILITY OF INTEREST
PENALTIES FOR LATE PAYMENT OF INTERIM PAYMENTS DUE UNDER CONTRACTS FOR
SERVICES.
Section 1010(d) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 251) is amended by inserting before the period at the end of
the first sentence the following: ``, and shall apply with respect to
interim payments that are due on or after such date under contracts
entered into before, on, or after that date''.
SEC. 1008. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL STATEMENTS.
(a) Annual Report on Reliability.--(1) Not later than September 30 of
each year but subject to subsection (f), the Secretary of Defense shall
submit to the recipients specified in paragraph (3) a report on the
reliability of the Department of Defense financial statements, including
the financial statements of each component of the Department that is
required to prepare a financial statement under section 3515(c) of title
31, United States Code.
(2) The annual report shall contain the following:
(A) A conclusion regarding whether the policies and procedures of
the Department of Defense, and the systems used within the Department of
Defense, for the preparation of financial statements allow the
achievement of reliability in those financial statements.
(B) For each of the financial statements prepared for the Department
of Defense for the fiscal year in which the report is submitted, a
conclusion regarding the expected reliability of the financial statement
(evaluated on the basis of Office of Management and Budget guidance on
financial statements), together with a discussion of the major
deficiencies to be expected in the statement.
(C) A summary of the specific sections of the annual Financial
Management Improvement Plan of the Department of Defense, current as of
the date of the report, that--
(i) detail the priorities, milestones, and measures of success that
apply to the preparation of the financial statements;
(ii) detail the planned improvements in the process for the
preparation of financial statements that are to be implemented within 12
months after the date on which the plan is issued; and
(iii) provide an estimate of when each financial statement will
convey reliable information.
(3) The annual report shall be submitted to the following:
(A) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
(B) The Committee on Armed Services and the Committee on Government
Reform of the House of Representatives.
(C) The Director of the Office of Management and Budget.
(D) The Secretary of the Treasury.
(E) The Comptroller General of the United States.
(4) The Secretary of Defense shall make a copy of the annual report
available to the Inspector General of the Department of Defense.
(b) Minimization of Use of Resources for Unreliable Financial
Statements.--(1) With respect to each financial statement for a fiscal
year that the Secretary of Defense assesses as being expected to be
unreliable in the annual report under subsection (a), the Under
Secretary of Defense (Comptroller) shall take appropriate actions to
minimize, consistent with the benefits to be derived, the resources
(including contractor support) that are used to develop, compile, and
report the financial statement.
(2) With the annual budget justifications for the Department of
Defense submitted to Congress each year, the Under Secretary of Defense
(Comptroller) shall submit, with respect to the fiscal year in which
submitted, the preceding fiscal year, and the following fiscal year, the
following information:
(A) An estimate of the resources that the Department of Defense is
saving or expects to save as a result of actions taken and to be taken
under paragraph (1) with respect to the preparation of financial
statements.
(B) A discussion of how the resources saved as estimated under
subparagraph (A) have been redirected or are to be redirected from the
preparation of financial statements to the improvement of systems
underlying financial management within the Department of Defense and to
the improvement of financial management policies, procedures, and
internal controls within the Department of Defense.
(c) Information to Auditors.--Not later than October 31 of each year,
the Under Secretary of Defense (Comptroller) and the Assistant Secretary
of each military department with responsibility for financial management
and comptroller functions shall each provide to the auditors of the
financial statement of that official's department for the fiscal year
ending during the preceding month that official's preliminary management
representation, in writing, regarding the expected reliability of the
financial statement. The representation shall be consistent with
guidance issued by the Director of the Office of Management and Budget
and shall include the basis for the reliability assessment stated in the
representation.
(d) Limitation on Inspector General Audits.--(1) On each financial
statement that an official asserts is unreliable under subsection (b) or
(c), the Inspector General of the Department of Defense shall only
perform the audit procedures required by generally accepted government
auditing standards consistent with any representation made by
management.
(2) With the annual budget justifications for the Department of
Defense submitted to Congress each year, the Under Secretary of Defense
(Comptroller) shall submit, with respect to the fiscal year in which
submitted, the preceding fiscal year, and the following fiscal year,
information which the Inspector General shall report to the Under
Secretary, as follows:
(A) An estimate of the resources that the Inspector General is
saving or expects to save as a result of actions taken and to be taken
under paragraph (1) with respect to the auditing of financial
statements.
(B) A discussion of how the resources saved as estimated under
subparagraph (A) have been redirected or are to be redirected from the
auditing of financial statements to the oversight and improvement of
systems underlying financial management within the Department of Defense
and to the oversight and improvement of financial management policies,
procedures, and internal controls within the Department of Defense.
(e) Effective Date.--The requirements of this section shall apply
with respect to financial statements for fiscal years after fiscal year
2001 and to the auditing of those financial statements.
(f) Termination of Applicability.--If the Secretary of Defense
certifies to the Inspector General of the Department of Defense that the
financial statement for the Department of Defense, or a financial
statement for a component of the Department of Defense, for a fiscal
year is reliable, this section shall not apply with respect to that
financial statement or to any successive financial statement for the
Department of Defense, or for that component, as the case may be, for
any later fiscal year.
SEC. 1009. FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE
COMMITTEE AND FINANCIAL FEEDER SYSTEMS COMPLIANCE PROCESS.
(a) Executive Committee.--(1) Chapter 7 of title 10, United States
Code, is amended by adding at the end the following new section:
``185. Financial Management Modernization Executive Committee
``(a) Establishment of Financial Management Modernization Executive
Committee.--(1) The Secretary of Defense shall establish a Financial
Management Modernization Executive Committee.
``(2) The Committee shall be composed of the following:
``(A) The Under Secretary of Defense (Comptroller), who shall be the
chairman of the committee.
``(B) The Under Secretary of Defense for Acquisition, Technology,
and Logistics.
``(C) The Under Secretary of Defense for Personnel and Readiness.
``(D) The Chief Information Officer of the Department of Defense.
``(E) Such additional personnel of the Department of Defense
(including appropriate personnel of the military departments and Defense
Agencies) as are designated by the Secretary.
``(3) The Committee shall be accountable to the Senior Executive
Council (composed of the Secretary of Defense, the Deputy Secretary of
Defense, the Under Secretary of Defense for Acquisition, Technology, and
Logistics, the Secretary of the Army, the Secretary of the Navy, and the
Secretary of the Air Force).
``(b) Duties.--In addition to other matters assigned to it by the
Secretary of Defense, the Committee shall have the following duties:
``(1) To establish a process that ensures that each critical
accounting system, financial management system, and data feeder system
of the Department of Defense is compliant with applicable Federal
financial management and reporting requirements.
``(2) To develop a management plan for the implementation of the
financial and data feeder systems compliance process established
pursuant to paragraph (1).
``(3) To supervise and monitor the actions that are necessary to
implement the management plan developed pursuant to paragraph (2), as
approved by the Secretary of Defense.
``(4) To ensure that a Department of Defense financial management
enterprise architecture is developed and maintained in accordance with--
``(A) the overall business process transformation strategy of the
Department; and
``(B) the architecture framework of the Department for command,
control, communications, computers, intelligence, surveillance, and
reconnaissance functions.
``(5) To ensure that investments in existing or proposed financial
management systems for the Department comply with the overall business
practice transformation strategy of the Department and the financial
management enterprise architecture developed under paragraph (4).
``(6) To provide an annual accounting of each financial and data
feeder system investment technology project to ensure that each such
project is being implemented at acceptable cost and within a reasonable
schedule and is contributing to tangible, observable improvements in
mission performance.
``(c) Management Plan for Implementation of Financial Data Feeder
Systems Compliance Process.--The management plan developed under
subsection (b)(2) shall include among its principal elements at least
the following elements:
``(1) A requirement for the establishment and maintenance of a
complete inventory of all budgetary, accounting, finance, and data
feeder systems that support the transformed business processes of the
Department and produce financial statements.
``(2) A phased process (consisting of the successive phases of
Awareness, Evaluation, Renovation, Validation, and Compliance) for
improving systems referred to in paragraph (1) that provides for mapping
financial data flow from the cognizant Department business function
source (as part of the overall business process transformation strategy
of the Department) to Department financial statements.
``(3) Periodic submittal to the Secretary of Defense, the Deputy
Secretary of Defense, and the Senior Executive Council (or any
combination thereof) of reports on the progress being made in achieving
financial management transformation goals and milestones included in the
annual financial management improvement plan in 2002.
``(4) Documentation of the completion of each phase specified in
paragraph (2) of improvements made to each accounting, finance, and data
feeder system of the Department.
``(5) Independent audit by the Inspector General of the Department,
the audit agencies of the military departments, and private sector firms
contracted to conduct validation audits (or any combination thereof) at
the validation phase for each accounting, finance, and data feeder
system.
``(d) Data Feeder Systems.--In this section, the term `data feeder
system' has the meaning given that term in section 2222(c)(2) of this
title.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``185. Financial Management Modernization Executive Committee.''.
(b) Annual Financial Management Improvement Plan.--(1) Subsection (a)
of section 2222 of title 10, United States Code, is amended--
(A) by striking `` Biennial'' in the subsection heading and
inserting `` Annual'';
(B) by striking ``a biennial'' in the first sentence and inserting
``an annual''; and
(C) by striking ``even-numbered'' in the second sentence.
(2) Subsection (c) of such section is amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new paragraph (2):
``(2) In each such plan, the Secretary shall include the following:
``(A) A description of the actions to be taken in the fiscal year
beginning in the year in which the plan is submitted to implement the
annual performance goals, and the performance milestones, included in
the financial management improvement plan submitted in 2002 pursuant to
paragraphs (1) and (2), respectively, of section 1009(c) of the National
Defense Authorization Act for Fiscal Year 2002.
``(B) An estimate of the amount expended in the fiscal year ending
in the year in which the plan is submitted to implement the financial
management improvement plan in such preceding calendar year, set forth
by system.
``(C) If an element of the financial management improvement plan
submitted in the fiscal year ending in the year in which the plan is
submitted was not implemented, a justification for the lack of
implementation of such element.''.
(3)(A) The heading of such section is amended to read as follows:
``2222. Annual financial management improvement plan'' .
(B) The item relating to section 2222 in the table of sections at the
beginning of chapter 131 of such title is amended to read as follows:
``2222. Annual financial management improvement plan.''.
(c) Additional Elements for Financial Management Improvement Plan in
2002.--In the annual financial management improvement plan submitted
under section 2222 of title 10, United States Code, in 2002, the
Secretary of Defense shall include the following:
(1) Measurable annual performance goals for improvement of the
financial management of the Department of Defense.
(2) Performance milestones for initiatives under that plan for
transforming the financial management operations of the Department of
Defense and for implementing a financial management architecture for the
Department.
(3) An assessment of the anticipated annual cost of any plans for
transforming the financial management operations of the Department of
Defense and for implementing a financial management architecture for the
Department.
(4) A discussion of the following:
(A) The roles and responsibilities of appropriate Department
officials to ensure the supervision and monitoring of the compliance of
each accounting, finance, and data feeder system of the Department
with--
(i) the business practice transformation strategy of the Department;
(ii) the financial management architecture of the Department; and
(iii) applicable Federal financial management systems and reporting
requirements.
(B) A summary of the actions taken by the Financial Management
Modernization Executive Committee to ensure that such systems comply
with--
(i) the business practice transformation strategy of the Department;
(ii) the financial management architecture of the Department; and
(iii) applicable Federal financial management systems and reporting
requirements.
(d) Effective Date.--Paragraph (2) of section 2222(c) of title 10,
United States Code, as added by subsection (b)(2), shall not apply with
respect to the annual financial management improvement plan submitted
under section 2222 of title 10, United States Code, in 2002.
SEC. 1010. AUTHORIZATION OF FUNDS FOR BALLISTIC MISSILE
DEFENSE PROGRAMS OR COMBATING TERRORISM PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) Authorization.--There is hereby authorized to be appropriated for
fiscal year 2002 for the military functions of the Department of
Defense, in addition to amounts authorized to be appropriated in titles
I, II, and III, the amount of $1,300,000,000, to be available, in
accordance with subsection (b), for the following purposes:
(1) Research, development, test, and evaluation for ballistic
missile defense programs of the Ballistic Missile Defense Organization.
(2) Activities of the Department of Defense for combating terrorism.
(b) Allocation by President.--(1) The amount authorized to be
appropriated by subsection (a) shall be allocated between the purposes
stated in paragraphs (1) and (2) of that subsection in such manner as
may be determined by the President based upon the national security
interests of the United States. The amount authorized in subsection (a)
shall not be available for any other purpose.
(2) Upon an allocation of such amount by the President, the amount so
allocated shall be transferred to the appropriate regular authorization
account under this division in the same manner as provided in section
1001. Transfers under this paragraph shall not be counted for the
purposes of section 1001(a)(2).
(3) Not later than 15 days after an allocation is made under this
subsection, the Secretary of Defense shall submit to the congressional
defense committees a report describing the allocation and the
Secretary's plan for the use by the Department of Defense of the funds
made available pursuant to such allocation.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Poland.--To the Government of Poland, the OLIVER HAZARD PERRY
class guided missile frigate WADSWORTH (FFG 9).
(2) Turkey.--To the Government of Turkey, the KNOX class frigates
CAPODANNO (FF 1093), THOMAS C. HART (FF 1092), DONALD B. BEARY (FF
1085), McCANDLESS (FF 1084), REASONER (FF 1063), and BOWEN (FF 1079).
(b) Transfers by Sale.--The President is authorized to transfer
vessels to foreign governments and foreign governmental entities on a
sale basis under section 21 of the Arms Export Control Act (22 U.S.C.
2761) as follows:
(1) Taiwan.--To the Taipei Economic and Cultural Representative
Office in the United States (which is the Taiwan instrumentality
designated pursuant to section 10(a) of the Taiwan Relations Act), the
KIDD class guided missile destroyers KIDD (DDG 993), CALLAGHAN (DDG
994), SCOTT (DDG 995), and CHANDLER (DDG 996).
(2) Turkey.--To the Government of Turkey, the OLIVER HAZARD PERRY
class guided missile frigates ESTOCIN (FFG 15) and SAMUEL ELIOT MORISON
(FFG 13).
(c) 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.
(d) Costs of Transfers on Grant Basis.--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).
(e) Waiver Authority.--For a vessel transferred on a grant basis
pursuant to authority provided by subsection (a)(2), the President may
waive reimbursement of charges for the lease of that vessel under
section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) for a
period of one year before the date of the transfer of that vessel.
(f) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of the
vessel as is needed, before the vessel joins the naval forces of that
country, performed at a shipyard located in the United States, including
a United States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
SEC. 1012. SALE OF GLOMAR EXPLORER TO THE LESSEE.
(a) Authority.--The Secretary of the Navy may convey by sale all
right, title, and interest of the United States in and to the vessel
GLOMAR EXPLORER (AG 193) to the person who, on the date of the enactment
of this Act, is the lessee of the vessel.
(b) Consideration.--The price for which the vessel is sold under
subsection (a) shall be a fair and reasonable amount determined by the
Secretary of the Navy.
(c) Additional Terms.--The Secretary may require such additional
terms in connection with the conveyance authorized by this section as
the Secretary considers appropriate.
(d) Proceeds of Sale.--Amounts received by the Secretary from the
sale under this section may, to the extent provided in an appropriations
Act, be credited to the appropriation available for providing salvage
facilities under section 7361 of title 10, United States Code, and are
authorized to remain available until expended for that purpose.
SEC. 1013. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL
OCEANOGRAPHIC LABORATORY SYSTEM.
Subsection (g) of section 2667 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Paragraph (1) does not apply to a renewal or extension of a
lease by the Secretary of the Navy with a selected institution for
operation of a ship within the University National Oceanographic
Laboratory System if, under the lease, each of the following applies:
``(A) Use of the ship is restricted to federally supported research
programs and to non-Federal uses under specific conditions with approval
by the Secretary of the Navy.
``(B) Because of the anticipated value to the Navy of the
oceanographic research and training that will result from the ship's
operation, no monetary lease payments are required from the lessee under
the initial lease or under any renewal or extension.
``(C) The lessee is required to maintain the ship in a good state of
repair, readiness, and efficient operating condition, conform to all
applicable regulatory requirements, and assume full responsibility for
the safety of the ship, its crew, and scientific personnel aboard.''.
SEC. 1014. INCREASE IN LIMITATIONS ON ADMINISTRATIVE AUTHORITY
OF THE NAVY TO SETTLE ADMIRALTY CLAIMS.
(a) Admiralty Claims Against the United States.--Section 7622 of
title 10, United States Code, is amended--
(1) in subsections (a) and (b), by striking ``$1,000,000'' and
inserting ``$15,000,000''; and
(2) in subsection (c), by striking ``$100,000'' and inserting
``$1,000,000''.
(b) Admiralty Claims by the United States.--Section 7623 of such
title is amended--
(1) in subsection (a)(2), by striking ``$1,000,000'' and inserting
``$15,000,000''; and
(2) in subsection (c), by striking ``$100,000'' and inserting
``$1,000,000''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to any claim accruing on or after February 1, 2001.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION AND RESTATEMENT OF AUTHORITY TO PROVIDE
DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF OTHER
GOVERNMENTAL AGENCIES.
Section 1004 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101 510; 10 U.S.C. 374 note) is amended to read as
follows:
``SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES
``(a) Support to Other Agencies.--During fiscal years 2002 through
2006, the Secretary of Defense may provide support for the counter-drug
activities of any other department or agency of the Federal Government
or of any State, local, or foreign law enforcement agency for any of the
purposes set forth in subsection (b) if such support is requested--
``(1) by the official who has responsibility for the counter-drug
activities of the department or agency of the Federal Government, in the
case of support for other departments or agencies of the Federal
Government;
``(2) by the appropriate official of a State or local government, in
the case of support for State or local law enforcement agencies; or
``(3) by an appropriate official of a department or agency of the
Federal Government that has counter-drug responsibilities, in the case
of support for foreign law enforcement agencies.
``(b) Types of Support.--The purposes for which the Secretary of
Defense may provide support under subsection (a) are the following:
``(1) The maintenance and repair of equipment that has been made
available to any department or agency of the Federal Government or to
any State or local government by the Department of Defense for the
purposes of--
``(A) preserving the potential future utility of such equipment for
the Department of Defense; and
``(B) upgrading such equipment to ensure compatibility of that
equipment with other equipment used by the Department of Defense.
``(2) The maintenance, repair, or upgrading of equipment (including
computer software), other than equipment referred to in paragraph (1)
for the purpose of--
``(A) ensuring that the equipment being maintained or repaired is
compatible with equipment used by the Department of Defense; and
``(B) upgrading such equipment to ensure the compatibility of that
equipment with equipment used by the Department of Defense.
``(3) The transportation of personnel of the United States and
foreign countries (including per diem expenses associated with such
transportation), and the transportation of supplies and equipment, for
the purpose of facilitating counter-drug activities within or outside
the United States.
``(4) The establishment (including an unspecified minor military
construction project) and operation of bases of operations or training
facilities for the purpose of facilitating counter-drug activities of
the Department of Defense or any Federal, State, or local law
enforcement agency within or outside the United States or counter-drug
activities of a foreign law enforcement agency outside the United
States.
``(5) Counter-drug related training of law enforcement personnel of
the Federal Government, of State and local governments, and of foreign
countries, including associated support expenses for trainees and the
provision of materials necessary to carry out such training.
``(6) The detection, monitoring, and communication of the movement
of--
``(A) air and sea traffic within 25 miles of and outside the
geographic boundaries of the United States; and
``(B) surface traffic outside the geographic boundary of the United
States and within the United States not to exceed 25 miles of the
boundary if the initial detection occurred outside of the boundary.
``(7) Construction of roads and fences and installation of lighting
to block drug smuggling corridors across international boundaries of the
United States.
``(8) Establishment of command, control, communications, and
computer networks for improved integration of law enforcement, active
military, and National Guard activities.
``(9) The provision of linguist and intelligence analysis services.
``(10) Aerial and ground reconnaissance.
``(c) Limitation on Counter-Drug Requirements.--The Secretary of
Defense may not limit the requirements for which support may be provided
under subsection (a) only to critical, emergent, or unanticipated
requirements.
``(d) Contract Authority.--In carrying out subsection (a), the
Secretary of Defense may acquire services or equipment by contract for
support provided under that subsection if the Department of Defense
would normally acquire such services or equipment by contract for the
purpose of conducting a similar activity for the Department of Defense.
``(e) Limited Waiver of Prohibition.--Notwithstanding section 376 of
title 10, United States Code, the Secretary of Defense may provide
support pursuant to subsection (a) in any case in which the Secretary
determines that the provision of such support would adversely affect the
military preparedness of the United States in the short term if the
Secretary determines that the importance of providing such support
outweighs such short-term adverse effect.
``(f) Conduct of Training or Operation To Aid Civilian Agencies.--In
providing support pursuant to subsection (a), the Secretary of Defense
may plan and execute otherwise valid military training or operations
(including training exercises undertaken pursuant to section 1206(a) of
the National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101 189; 103 Stat. 1564)) for the purpose of aiding civilian
law enforcement agencies.
``(g) Relationship to Other Laws.--(1) The authority provided in this
section for the support of counter-drug activities by the Department of
Defense is in addition to, and except as provided in paragraph (2), not
subject to the requirements of chapter 18 of title 10, United States
Code.
``(2) Support under this section shall be subject to the provisions
of section 375 and, except as provided in subsection (e), section 376 of
title 10, United States Code.
``(h) Congressional Notification of Facilities Projects.--(1) When a
decision is made to carry out a military construction project described
in paragraph (2), the Secretary of Defense shall submit to the
congressional defense committees written notice of the decision,
including the justification for the project and the estimated cost of
the project. The project may be commenced only after the end of the
21-day period beginning on the date on which the written notice is
received by Congress.
``(2) Paragraph (1) applies to an unspecified minor military
construction project that--
``(A) is intended for the modification or repair of a Department of
Defense facility for the purpose set forth in subsection (b)(4); and
``(B) has an estimated cost of more than $500,000.''.
SEC. 1022. EXTENSION OF REPORTING REQUIREMENT REGARDING
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG
ACTIVITIES.
Section 1022 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 255) is amended--
(1) by inserting ``and April 15, 2002,'' after ``January 1, 2001,'';
and
(2) by striking ``fiscal year 2000'' and inserting ``the preceding
fiscal year''.
SEC. 1023. AUTHORITY TO TRANSFER TRACKER AIRCRAFT CURRENTLY
USED BY ARMED FORCES FOR COUNTER-DRUG PURPOSES.
(a) Transfer Authority.--The Secretary of Defense may transfer to the
administrative jurisdiction and operational control of another Federal
agency all Tracker aircraft in the inventory of the Department of
Defense.
(b) Effect of Failure To Transfer.--If the transfer authority
provided by subsection (a) is not exercised by the Secretary of Defense
by September 30, 2002, any Tracker aircraft remaining in the inventory
of the Department of Defense may not be used by the Armed Forces for
counter-drug purposes after that date.
SEC. 1024. LIMITATION ON USE OF FUNDS FOR OPERATION OF
TETHERED AEROSTAT RADAR SYSTEM PENDING SUBMISSION OF REQUIRED REPORT.
Not more than 50 percent of the funds appropriated or otherwise made
available for fiscal year 2002 for operation of the Tethered Aerostat
Radar System, which is used by the Armed Forces in maritime, air, and
land counter-drug detection and monitoring, may be obligated or expended
until such time as the Secretary of Defense submits to Congress the
report on the status of the Tethered Aerostat Radar System required by
section 1025 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 256).
Subtitle D--Strategic Forces
SEC. 1031. REPEAL OF LIMITATION ON RETIREMENT OR DISMANTLEMENT
OF STRATEGIC NUCLEAR DELIVERY SYSTEMS.
Section 1302 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105 85; 111 Stat. 1948) is repealed.
SEC. 1032. AIR FORCE BOMBER FORCE STRUCTURE.
(a) Limitation.--None of the funds available to the Department of
Defense for fiscal year 2002 may be obligated or expended for retiring
or dismantling any of the 93 B 1B Lancer bombers in service as of June
1, 2001, or for transferring or reassigning any of those aircraft from
the unit or facility to which assigned as of that date, until 15 days
after the Secretary of the Air Force submits to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the Air Force bomber force structure.
(b) Matters To Be Included.--The report under subsection (a) shall
set forth the following:
(1) The Air Force plan for the modernization of the B1 B aircraft
fleet, including a transition plan for implementation of that
modernization plan and a description of the basing options for the
aircraft in that fleet.
(2) The amount and type of bomber force structure in the Air Force
appropriate to meet the requirements of the national security strategy
of the United States.
(3) Specifications of new missions to be assigned to the National
Guard units that currently fly B 1 aircraft and the transition of those
units and their facilities from the current B 1 mission to their future
missions.
(4) A description of the potential effect of the proposed
consolidation and reduction of the B 1 fleet on other National Guard
units in the affected States.
(5) A justification of the cost and projected savings of
consolidating and reducing the B 1 fleet.
(c) Amount and Type of Bomber Force Structure Defined.--In this
section, the term ``amount and type of bomber force structure'' means
the number of B 2 aircraft, B 52 aircraft, and B 1 aircraft that are
required to carry out the current national security strategy.
SEC. 1033. ADDITIONAL ELEMENT FOR REVISED NUCLEAR POSTURE REVIEW.
Section 1041(b) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 262) is amended by adding at the end the following new
paragraph:
``(7) The possibility of deactivating or dealerting nuclear warheads
or delivery systems immediately, or immediately after a decision to
retire any specific warhead, class of warheads, or delivery system.''.
SEC. 1034. REPORT ON OPTIONS FOR MODERNIZATION AND ENHANCEMENT
OF MISSILE WING HELICOPTER SUPPORT.
(a) Report Required.--The Secretary of Defense shall prepare a report
regarding the options for providing the helicopter support missions for
the Air Force intercontinental ballistic missile wings at Minot Air
Force Base, North Dakota, Malmstrom Air Force Base, Montana, and F.E.
Warren Air Force Base, Wyoming, for as long as these missions are
required. The report shall include the Secretary's recommendations on a
preferred option.
(b) Options.--Options to be reviewed under subsection (a) include the
following:
(1) The current plan of the Air Force for replacement or
modernization of UH 1N helicopters currently flown by the Air Force at
the missile wings.
(2) Replacement of the UH 1N helicopters currently flown by the Air
Force with UH 60 Black Hawk helicopters, the UH 1Y helicopter, or
another platform.
(3) Replacement of the UH 1N helicopters with UH 60 helicopters and
transition of the mission to the Army National Guard, as detailed in the
Air Force Space Command/Army National Guard plan entitled ``ARNG
Helicopter Support to Air Force Space Command'' and dated November 2000.
(4) Replacement of the UH 1N helicopters with UH 60 helicopters or
another platform, and establishment of composite units combining active
duty Air Force and Army National Guard personnel.
(5) Such other options as the Secretary of Defense considers
appropriate.
(c) Factors.--Factors to be considered in preparing the report under
subsection (a) include the following:
(1) Any implications of transferring the helicopter support missions
on the command and control of, and responsibility for, missile field
force protection.
(2) Current and future operational requirements, and the
capabilities of the UH 1N or UH 60 helicopter or other aircraft to meet
such requirements.
(3) Cost, with particular attention to opportunities to realize
efficiencies over the long run.
(4) Implications for personnel training and retention.
(5) Evaluation of the assumptions used in the plan specified in
subsection (b)(3).
(d) Consideration.--In preparing the report under subsection (a), the
Secretary of Defense shall consider carefully the views of the Secretary
of the Army, the Secretary of the Air Force, the commander of the United
States Strategic Command, and the Chief of the National Guard Bureau.
(e) Submission of Report.--The report required by subsection (a)
shall be submitted to the congressional defense committees not later
than the date on which the President submits to Congress the budget
under section 1105 of title 31, United States Code, for fiscal year
2003.
Subtitle E--Other Department of Defense Provisions
SEC. 1041. SECRETARY OF DEFENSE RECOMMENDATION ON NEED FOR
DEPARTMENT OF DEFENSE REVIEW OF PROPOSED FEDERAL AGENCY ACTIONS TO
CONSIDER POSSIBLE IMPACT ON NATIONAL DEFENSE.
(a) Recommendation on Need for Defense Impact Review Process.--The
Secretary of Defense shall submit to the President the Secretary's
recommendation as to whether there should be established within the
executive branch a defense impact review process. The Secretary shall
submit a copy of such recommendation to Congress.
(b) Defense Impact Review Process.--(1) For purposes of this section,
the term ``defense impact review process'' means a formal process within
the executive branch--
(A) to provide for review by the Department of Defense of certain
proposed actions of other Federal departments and agencies to identify
any reasonably foreseeable significant adverse impact of such a proposed
action on national defense; and
(B) when such a review indicates that a proposed agency action may
have such an adverse impact--
(i) to afford the Secretary of Defense a timely opportunity to make
recommendations for means to eliminate or mitigate any such adverse
impact; and
(ii) to afford an opportunity for those recommendations to be given
reasonable and timely consideration by the agency to which provided.
(2) For purposes of such a review process, the proposed agency
actions subject to review would be those for which a significant adverse
impact on national defense is reasonably foreseeable and that meet such
additional criteria as may be specified by the Secretary of Defense.
(c) Time for Submission of Recommendation.--The Secretary shall
submit the Secretary's recommendation under subsection (a) not later
than 180 days after the date of the enactment of this Act.
SEC. 1042. DEPARTMENT OF DEFENSE REPORTS TO CONGRESS TO BE
ACCOMPANIED BY ELECTRONIC VERSION UPON REQUEST.
(a) In General.--Chapter 23 of title 10, United States Code, is
amended by inserting after the table of sections the following new
section:
``480. Reports to Congress: submission in electronic form
``(a) Requirement.--Whenever the Secretary of Defense or any other
official of the Department of Defense submits to Congress (or any
committee of either House of Congress) a report that the Secretary (or
other official) is required by law to submit, the Secretary (or other
official) shall, upon request by any committee of Congress to which the
report is submitted or referred, provide to Congress (or each such
committee) a copy of the report in an electronic medium.
``(b) Exception.--Subsection (a) does not apply to a report submitted
in classified form.
``(c) Definition.--In this section, the term `report' includes any
certification, notification, or other communication in writing.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting before the item relating to section
481 the following new item:
``480. Reports to Congress: submission in electronic form.''.
SEC. 1043. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.
(a) Authority To Make Loans and Gifts.--(1) Subsection (a) of section
7545 of title 10, United States Code, is amended by striking ``(a)
Subject to'' and all that follows through ``to--'' and inserting the
following:
``(a) Authority To Make Loans and Gifts.--The Secretary of the Navy
may lend or give, without expense to the United States, items described
in subsection (b) that are not needed by the Department of the Navy to
any of the following:''.
(2) Such subsection is further amended--
(A) by capitalizing the first letter after the paragraph designation
in each of paragraphs (1) through (12);
(B) by striking the semicolon at the end of paragraphs (1) through
(10) and inserting a period;
(C) by striking ``; or'' at the end of paragraph (11) and inserting
a period;
(D) in paragraph (5), by striking ``World War I or World War II''
and inserting ``a foreign war'';
(E) in paragraph (6), by striking ``soldiers' monument'' and
inserting ``servicemen's monument''; and
(F) in paragraph (8), by inserting ``or memorial'' after ``museum''.
(b) Additional Items Authorized To Be Donated by Secretary of the
Navy.--Such section is further amended--
(1) by redesignating subsections (b) and (c) as subsections (d) and
(e), respectively;
(2) by inserting after subsection (a) the following new subsections:
``(b) Items Eligible for Disposal.--This section applies to the
following types of property held by the Department of the Navy:
``(1) Captured, condemned, or obsolete ordnance material.
``(2) Captured, condemned, or obsolete combat or shipboard material.
``(c) Regulations.--A loan or gift made under this section shall be
subject to regulations prescribed by the Secretary and to regulations
under section 205 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 486).''; and
(3) by adding at the end the following new subsection:
``(f) Authority To Transfer a Portion of a Vessel.--The Secretary may
lend, give, or otherwise transfer any portion of the hull or
superstructure of a vessel stricken from the Naval Vessel Register and
designated for scrapping to a qualified organization specified in
subsection (a). The terms and conditions of an agreement for the
transfer of a portion of a vessel under this section shall include a
requirement that the transferee will maintain the material conveyed in a
condition that will not diminish the historical value of the material or
bring discredit upon the Navy.''.
(c) Clerical Amendments.--Such section is further amended--
(1) in subsection (d) (as redesignated by subsection (b)(1)), by
inserting `` Maintenance of the Records of the Government.--'' after the
subsection designation; and
(2) in subsection (e) (as redesignated by subsection (b)(1)), by
inserting `` Alternative Authorities To Make Gifts or Loans.--'' after
the subsection designation.
(d) Conforming Amendments.--Section 2572(a) of such title is
amended--
(1) in paragraph (1), by inserting ``, county, or other political
subdivision of a State'' before the period at the end;
(2) in paragraph (2), by striking ``soldiers' monument'' and
inserting ``servicemen's monument''; and
(3) in paragraph (4), by inserting ``or memorial'' after ``An
incorporated museum''.
SEC. 1044. ACCELERATION OF RESEARCH, DEVELOPMENT, AND
PRODUCTION OF MEDICAL COUNTERMEASURES FOR DEFENSE AGAINST BIOLOGICAL
WARFARE AGENTS.
(a) Aggressive Program Required.--(1) The Secretary of Defense shall
carry out a program to aggressively accelerate the research,
development, testing, and licensure of new medical countermeasures for
defense against the biological warfare agents that are the highest
threat.
(2) The program shall include the following activities:
(A) As the program's first priority, investment in multiple new
technologies for medical countermeasures for defense against the
biological warfare agents that are the highest threat, including for the
prevention and treatment of anthrax.
(B) Leveraging of ideas and technologies from the biological
technology industry.
(b) Study Required.--(1) The Secretary of Defense shall enter into a
contract with the Institute of Medicine and the National Research
Council under which the Institute and Council, in consultation with the
Secretary, shall carry out a study of the review and approval process
for new medical countermeasures for biological warfare agents. The
purpose of the study shall be to identify--
(A) new approaches to accelerating such process; and
(B) definitive and reasonable methods for assuring the agencies
responsible for regulating such countermeasures that such
countermeasures will be effective in preventing disease in humans or in
providing safe and effective therapy against such agents.
(2) Not later than June 1, 2002, the Institute and Council shall
jointly submit to Congress a report on the results of the study.
(c) Facility for Production of Vaccines.--(1) Subject to paragraph
(2) and to the availability of funds for such purposes appropriated
pursuant to an authorization of appropriations, the Secretary of Defense
may--
(A) design and construct a facility on a Department of Defense
installation for the production of vaccines to meet the requirements of
the Department of Defense to prevent or mitigate the physiological
effects of exposure to biological warfare agents;
(B) operate that facility;
(C) qualify and validate that facility for the production of
vaccines in accordance with the requirements of the Food and Drug
Administration; and
(D) contract with a private-sector source for the production of
vaccines in that facility.
(2) The authority under paragraph (1)(A) to construct a facility may
be exercised only to the extent that a project for such construction is
authorized by law in accordance with section 2802 of title 10, United
States Code.
(3) The Secretary shall use competitive procedures under chapter 137
of title 10, United States Code, to enter into contracts to carry out
subparagraphs (A), (B), and (D) of paragraph (1).
(d) Plan Required.--(1) The Secretary shall develop a long-range plan
to provide for the production and acquisition of vaccines to meet the
requirements of the Department of Defense to prevent or mitigate the
physiological effects of exposure to biological warfare agents.
(2) The plan shall include the following:
(A) An evaluation of the need for one or more vaccine production
facilities that are specifically dedicated to meeting the requirements
of the Department of Defense and other national interests.
(B) An evaluation of the options for the means of production of such
vaccines, including--
(i) use of public facilities, private facilities, or a combination
of public and private facilities; and
(ii) management and operation of the facilities by the Federal
Government, one or more private persons, or a combination of the Federal
Government and one or more private persons.
(C) A specification of the means that the Secretary determines is
most appropriate for the production of such vaccines.
(3) The Secretary shall ensure that the plan is consistent with the
requirement for safe and effective vaccines approved by the Food and
Drug Administration.
(4) In preparing the plan, the Secretary shall--
(A) consider and, as the Secretary determines appropriate, include
the information compiled and the analyses developed in preparing the
reports required by sections 217 and 218 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106 398; 114 Stat. 1654A 36, 1654A 37); and
(B) consult with the heads of other appropriate departments and
agencies of the Federal Government.
(e) Report.--Not later than February 1, 2002, the Secretary shall
submit to the congressional defense committees a report on the plan
required by subsection (d). The report shall include, at a minimum, the
contents of the plan and the following matters:
(1) A description of the policies and requirements of the Department
of Defense regarding acquisition and use of such vaccines.
(2) The estimated schedule for the acquisition of such vaccines in
accordance with the plan.
(3) A discussion of the options considered under subsection
(d)(2)(B) for the means of production of such vaccines.
(4) The Secretary's recommendations for the most appropriate course
of action to meet the requirements specified in subsection (d)(1),
together with the justification for such recommendations and the
long-term cost of implementing such recommendations.
(f) Funding.--Of the amount authorized to be appropriated under
section 201(4) for research, development, test, and evaluation,
Defense-wide, $5,000,000 may be available in Program Element 62384BP,
and $5,000,000 may be available in Program Element 63384BP, for the
program required by subsection (a).
SEC. 1045. CHEMICAL AND BIOLOGICAL PROTECTIVE EQUIPMENT FOR
MILITARY PERSONNEL AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report on the
requirements of the Department of Defense, including the reserve
components, regarding chemical and biological protective equipment. The
report shall set forth the following:
(1) A description of any current shortfalls with respect to
requirements regarding chemical and biological protective equipment for
military personnel, whether for individuals or units.
(2) An assessment of what should be the appropriate level of
protection for civilian employees of the Department of Defense against
chemical and biological attack.
(3) A plan for providing required chemical and biological protective
equipment for military personnel and civilian employees of the
Department of Defense.
(4) An assessment of the costs associated with carrying out the plan
described in paragraph (3).
SEC. 1046. SALE OF GOODS AND SERVICES BY NAVAL MAGAZINE,
INDIAN ISLAND, ALASKA.
(a) Sale Authorized.--Subject to subsections (c) and (d) of section
2563 7Eof title 10, United States Code, the Secretary of the Navy may
sell to a person outside the Department of Defense any article or
service provided by the Naval Magazine, Indian Island, Alaska, that is
not available from a United States commercial source.
(b) Crediting of Proceeds.--The proceeds from the sale of any article
or service under this section shall be credited to the appropriation
supporting the maintenance and operation of the Naval Magazine, Indian
Island, for the fiscal year in which the proceeds are received.
SEC. 1047. REPORT ON PROCEDURES AND GUIDELINES FOR EMBARKATION
OF CIVILIAN GUESTS ON NAVAL VESSELS FOR PUBLIC AFFAIRS PURPOSES.
Not later than February 1, 2002, the Secretary of the Navy shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
setting forth in detail the procedures and guidelines of the Navy for
the embarkation of civilian guests on naval vessels for public affairs
purposes. The report shall include the following:
(1) Procedures for nominating and approving civilian guests for
embarkation on naval vessels.
(2) Procedures for ensuring that civilian guest embarkations are
conducted only as part of regularly scheduled operations.
(3) Guidelines regarding the operation of equipment by civilian
guests on naval vessels.
(4) Any other procedures or guidelines the Secretary considers
necessary or appropriate to ensure that operational readiness and safety
are not hindered by activities related to the embarkation of civilian
guests on naval vessels.
SEC. 1048. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The tables of chapters at the beginning of subtitle A, and at
the beginning of part II of subtitle A, are each amended by striking the
period after ``1111'' in the item relating to chapter 56.
(2) Section 119(g)(2) is amended by striking ``National Security
Subcommittee'' and inserting ``Subcommittee on Defense''.
(3) Section 130c(b)(3)(C) is amended by striking ``subsection (f)''
and inserting ``subsection (g)''.
(4) Section 176(a)(3) is amended by striking ``Chief Medical
Director'' and inserting ``Under Secretary for Health''.
(5)(A) Section 503(c) is amended in paragraph (6)(A)(i) by striking
``14101(18)'' and ``8801(18)'' and inserting ``14101'' and ``8801'',
respectively.
(B) The amendment made by subparagraph (A) shall take effect on July
1, 2002, immediately after the amendment to such section effective that
date by section 563(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 131).
(6) Section 663(e) is amended--
(A) by striking ``Armed Forces Staff College'' in paragraph (1) and
inserting ``Joint Forces Staff College''; and
(B) by striking `` Armed Forces Staff College'' and inserting ``
Joint Forces Staff College''.
(7) Section 667(17) is amended by striking ``Armed Forces Staff
College'' both places it appears and inserting ``Joint Forces Staff
College''.
(8) Section 874(a) is amended by inserting after ``a sentence of
confinement for life without eligibility for parole'' the following:
``that is adjudged for an offense committed after October 29, 2000''.
(9) Section 1056(c)(2) is amended by striking ``, not later than
September 30, 1991,''.
(10) The table of sections at the beginning of chapter 55 is amended
by transferring the item relating to section 1074i, as inserted by
section 758(b) of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106 398; 114 Stat. 1654A
200), so as to appear after the item relating to section 1074h.
(11) Section 1097a(e) is amended by striking ``section 1072'' and
inserting ``section 1072(2)''.
(12) Sections 1111(a) and 1114(a)(1) are each amended by striking
``hereafter'' and inserting ``hereinafter''.
(13) Section 1116 is amended--
(A) in subsection (a)(2)(B), by inserting an open parenthesis before
``other than for training''; and
(B) in subsection (b)(2)(D), by striking ``section 111(c)(4)'' and
inserting ``section 1115(c)(4)''.
(14) The heading for subchapter II of chapter 75 is transferred
within that chapter so as to appear before the table of sections at the
beginning of that subchapter (as if the amendment made by section
721(c)(1) of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106 65; 113 Stat. 694) had inserted that heading following
section 1471 instead of before section 1475).
(15) Section 1611(d) is amended by striking ``with''.
(16) Section 2166(e)(9) is amended by striking ``App. 2'' and
inserting ``App.''.
(17) Section 2323(a)(1)(C) is amended--
(A) by striking ``section 1046(3)'' and inserting ``section 365(3)'';
(B) by striking ``20 U.S.C. 1135d 5(3)'' and inserting ``20 U.S.C.
1067k''; and
(C) by striking ``, which, for the purposes of this section'' and
all that follows through the period at the end and inserting a period.
(18) Section 2375(b) is amended by inserting ``(41 U.S.C. 430)''
after ``section 34 of the Office of Federal Procurement Policy Act''.
(19) Section 2376(1) is amended by inserting ``(41 U.S.C. 403)''
after ``section 4 of the Office of Federal Procurement Policy Act''.
(20) Section 2410f(a) is amended by inserting after ``inscription''
the following: ``, or another inscription with the same meaning,''.
(21) Section 2461a(a)(2) is amended by striking ``effeciency'' and
inserting ``efficiency''.
(22) Section 2467 is amended--
(A) in subsection (a)(2)--
(i) by striking ``, United States Code'' in subparagraph (A); and
(ii) by striking ``such'' in subparagraphs (B) and (C); and
(B) in subsection (b)(2)(A), by striking ``United States Code,''.
(23) Section 2535 is amended--
(A) in subsection (a)--
(i) by striking ``intent of Congress'' and inserting ``intent of
Congress--'';
(ii) by realigning clauses (1), (2), (3), and (4) so that each such
clause appears as a separate paragraph indented two ems from the left
margin; and
(iii) in paragraph (1), as so realigned, by striking ``Armed
Forces'' and inserting ``armed forces'';
(B) in subsection (b)(1)--
(i) by striking ``in this section, the Secretary is authorized and
directed to--'' and inserting ``in subsection (a), the Secretary of
Defense shall--''; and
(ii) by striking ``defense industrial reserve'' in subparagraph (A)
and inserting ``Defense Industrial Reserve''; and
(C) in subsection (c)--
(i) by striking paragraph (1);
(ii) by redesignating paragraph (2) as paragraph (1) and in that
paragraph--
(I)bystriking``means''andinserting``means--'';
(II) by realigning clauses (A), (B), and (C) so that each such
clause appears as a separate subparagraph indented four ems from the
left margin; and
(III) by inserting ``and'' at the end of subparagraph (B), as so
realigned; and
(iii) by redesignating paragraph (3) as paragraph (2).
(24) Section 2541c is amended by striking ``subtitle'' both places
it appears in the matter preceding paragraph (1) and inserting
``subchapter''.
(25) The second section 2582, added by section 1(a) of Public Law
106 446 (114 Stat. 1932), is redesignated as section 2583, and the item
relating to that section in the table of sections at the beginning of
chapter 153 is revised to conform to such redesignation.
(26)(A) Section 2693(a) is amended--
(i) in the matter preceding paragraph (1), by inserting ``of
Defense'' after ``Secretary''; and
(ii) in paragraph (3)--
(I) by inserting ``to the Secretary of Defense'' after ``certifies'';
(II) by inserting ``(42 U.S.C. 3762a)'' after ``of 1968''; and
(III) by striking ``to the public agencies referred to in section
515(a)(1) or 515(a)(3) of title I of such Act'' and inserting ``to a
public agency referred to in paragraph (1) or (3) of subsection (a) of
such section''.
(B)(i) The heading of such section is amended to read as follows:
``2693. Conveyance of certain property: Department of Justice
correctional options program''.
(ii) The item relating to such section in the table of sections at
the beginning of chapter 159 is amended to read as follows:
``2693. Conveyance of certain property: Department of Justice
correctional options program.''.
(27) Section 3014(f)(3) is amended by striking ``the number equal
to'' and all that follows and inserting ``67.''.
(28) Section 5014(f)(3) is amended by striking ``the number equal
to'' and all that follows and inserting ``74.''.
(29) Section 8014(f)(3) is amended by striking ``the number equal
to'' and all that follows and inserting ``60.''.
(30) Section 9783(e)(1) is amended by striking ``40101(a)(2)'' and
inserting ``40102(a)(2)''.
(31) Section 12741(a)(2) is amended by striking ``received'' and
inserting ``receive''.
(b) Amendments Relating to Change in Title of Under Secretary of
Defense for Acquisition, Technology, and Logistics.--Title 10, United
States Code, is further amended as follows:
(1) Section 133a(b) is amended by striking ``shall assist the Under
Secretary of Defense for Acquisition and Technology'' and inserting
``shall assist the Under Secretary of Defense for Acquisition,
Technology, and Logistics''.
(2) The following provisions are each amended by striking ``Under
Secretary of Defense for Acquisition and Technology'' and inserting
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'': sections 139(c), 139(g) (as redesignated by section 263),
171(a)(3), 179(a)(1), 1702, 1703, 1707(a), 1722(a), 1722(b)(2)(B),
1735(c)(1), 1737(c)(1), 1737(c)(2)(B), 1741(b), 1746(a), 1761(b)(4),
1763, 2302c(a)(2), 2304(f)(1)(B)(iii), 2304(f)(6)(B), 2311(c)(1),
2311(c)(2)(B), 2350a(e)(1)(A), 2350a(e)(2)(B), 2350a(f)(1), 2399(b)(3),
2435(b), 2435(d)(2), 2521(a), and 2534(i)(3).
(3)(A) The heading for section 1702 is amended to read as follows:
``1702. Under Secretary of Defense for Acquisition,
Technology, and Logistics: authorities and responsibilities''.
(B) The item relating to section 1702 in the table of sections at
the beginning of subchapter I of chapter 87 is amended to read as
follows:
``1702. Under Secretary of Defense for Acquisition, Technology,
and Logistics: authorities and responsibilities.''.
(4) Section 2503(b) is amended by striking ``Under Secretary of
Defense for Acquisition'' and inserting ``Under Secretary of Defense for
Acquisition, Technology, and Logistics''.
(c) Amendments To Substitute Calendar Dates for Date-of-Enactment
References.--Title 10, United States Code, is further amended as
follows:
(1) Section 130c(d)(1) is amended by striking ``the date of the
enactment of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001'' and inserting ``October 30, 2000,''.
(2) Section 184(a) is amended by striking ``the date of the
enactment of this section,'' and inserting ``October 30, 2000,''.
(3) Section 986(a) is amended by striking ``the date of the
enactment of this section,'' and inserting ``October 30, 2000,''.
(4) Section 1074g(a)(8) is amended by striking ``the date of the
enactment of this section'' and inserting ``October 5, 1999,''.
(5) Section 1079(h)(2) is amended by striking ``the date of the
enactment of this paragraph'' and inserting ``February 10, 1996,''.
(6) Section 1206(5) is amended by striking ``the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2000,'' and inserting ``October 5, 1999,''.
(7) Section 1405(c)(1) is amended by striking ``the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1995,'' and inserting ``October 5, 1994,''.
(8) Section 1407(f)(2) is amended by striking ``the date of the
enactment of this subsection--'' and inserting ``October 30, 2000--''.
(9) Section 1408(d)(6) is amended by striking ``the date of the
enactment of this paragraph'' and inserting ``August 22, 1996,''.
(10) Section 1511(b) is amended by striking ``the date of the
enactment of this chapter.'' and inserting ``February 10, 1996.''.
(11) Section 2461a(b)(1) is amended by striking ``the date of the
enactment of this section,'' and inserting ``October 30, 2000,''.
(12) Section 4021(c)(1) is amended by striking ``the date of the
enactment of this section.'' and inserting ``November 29, 1989.''.
(13) Section 6328(a) is amended by striking ``the date of the
enactment of this section'' and inserting ``February 10, 1996,''.
(14) Section 7439 is amended--
(A) in subsection (a)(2), by striking ``one year after the date of
the enactment of this section,'' and inserting ``November 18, 1998,'';
(B) in subsection (b)(1), by striking ``the date of the enactment of
this section,'' and inserting ``November 18, 1997,'';
(C) in subsection (b)(2), by striking ``the end of the one-year
period beginning on the date of the enactment of this section.'' and
inserting ``November 18, 1998.''; and
(D) in subsection (f)(2), by striking ``the date of the enactment of
this section'' and inserting ``November 18, 1997,''.
(15) Section 12533 is amended--
(A) in each of subsections (b) and (c)(1), by striking ``the date of
the enactment of this section.'' and inserting ``November 18, 1997.'';
and
(B) in each of subsections (c)(2) and (d), by striking ``the date of
the enactment of this section'' and inserting ``November 18, 1997,''.
(16) Section 12733(3) is amended--
(A) in subparagraph (B), by striking ``the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001;'' and inserting ``October 30, 2000;''; and
(B) in subparagraph (C), by striking ``the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001'' and inserting ``October 30, 2000,''.
(d) Amendments Relating to Change in Title of McKinney-Vento Homeless
Assistance Act.--The following provisions are each amended by striking
``Stewart B. McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act'':
(1) Sections 2814(j)(2), 2854a(d)(2), and 2878(d)(4) of title 10,
United States Code.
(2) Sections 2905(b)(6)(A) and 2910(11) 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).
(3) Section 204(b)(6)(A) of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100 526; 10 U.S.C. 2687
note).
(4) Section 2915(c)(10) of the National Defense Authorization Act
for Fiscal Year 1994 (10 U.S.C. 2687 note).
(5) Section 2(e)(4)(A) of the Base Closure Community Redevelopment
and Homeless Assistance Act of 1994 (Public Law 103 421; 10 U.S.C. 2687
note).
(6) Section 1053(a) of the National Defense Authorization Act for
Fiscal Year 1997 (110 Stat. 2650).
(e) Amendments To Repeal Obsolete Provisions.--Title 10, United
States Code, is further amended as follows:
(1) Section 1144 is amended--
(A) in subsection (a)(3), by striking the second sentence; and
(B) by striking subsection (e).
(2) Section 1581(b) is amended--
(A) by striking ``(1)'' and all that follows through ``The Secretary
of Defense shall deposit'' and inserting ``The Secretary of Defense
shall deposit''; and
(B) by striking ``on or after December 5, 1991,''.
(3) Subsection (e) of section 1722 is repealed.
(4) Subsection 1732(a) is amended by striking the second sentence.
(5) Section 1734 is amended--
(A) in subsection (b)(1)(B), by striking ``on and after October 1,
1991,''; and
(B) in subsection (e)(2), by striking the last sentence.
(6)(A) Section 1736 is repealed.
(B) The table of sections at the beginning of subchapter III of
chapter 87 is amended by striking the item relating to section 1736.
(7)(A) Sections 1762 and 1764 are repealed.
(B) The table of sections at the beginning of subchapter V of
chapter 87 is amended by striking the items relating to sections 1762
and 1764.
(8) Section 2112(a) is amended by striking ``, with the first class
graduating not later than September 21, 1982''.
(9) Section 2218(d)(1) is amended by striking ``for fiscal years
after fiscal year 1993''.
(10)(A) Section 2468 is repealed.
(B) The table of sections at the beginning of chapter 146 is amended
by striking the item relating to section 2468.
(11) Section 2832 is amended--
(A) by striking ``(a)'' before ``The Secretary of Defense''; and
(B) by striking subsection (b).
(12) Section 7430(b)(2) is amended--
(A) by striking ``at a price less than'' and all that follows
through ``the current sales price'' and inserting ``at a price less than
the current sales price'';
(B) by striking ``; or'' and inserting a period; and
(C) by striking subparagraph (B).
(f) Public Law 106 398.--Effective as of October 30, 2000, and as if
included therein as enacted, the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398) is amended as follows:
(1) Section 525(b)(1) (114 Stat. 1654A 109) is amended by striking
``subsection (c)'' and inserting ``subsections (a) and (b)''.
(2) Section 1152(c)(2) (114 Stat. 1654A 323) is amended by inserting
``inserting'' after ``and''.
(g) Public Law 106 65.--Effective as of October 5, 1999, and as if
included therein as enacted, the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65) is amended as follows:
(1) Section 531(b)(2)(A) (113 Stat. 602) is amended by inserting
``in subsection (a),'' after ``(A)''.
(2) Section 549(a)(2) (113 Stat. 611) is amended by striking ``such
chapter'' and inserting ``chapter 49 of title 10, United States Code,''.
(3) Section 576(a)(3) (10 U.S.C. 1501 note; 113 Stat. 625) is
amended by adding a period at the end.
(4) Section 577(a)(2) (113 Stat. 625) is amended by striking ``bad
conduct'' in the first quoted matter and inserting ``bad-conduct''.
(5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302 note; 113 Stat. 709) is
amended by striking ``Mentor-Protegee'' and inserting
``Mentor-Protege''.
(6) Section 1052(b)(1) (113 Stat. 764) is amended by striking ```The
Department'' and inserting ``the `Department''.
(7) Section 1053(a)(5) (10 U.S.C. 113 note; 113 Stat. 764) is
amended by inserting ``and'' before ``Marines''.
(8) Section 1402(f)(2)(A) (22 U.S.C. 2778 note; 113 Stat. 799) is
amended by striking ``3201 note'' and inserting ``6305(4)''.
(9) Section 2902(d) (10 U.S.C. 111 note; 113 Stat. 882) is amended
by striking ``section 2871(b)'' and inserting ``section 2881(b)''.
(h) Public Law 102 484.--The National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102 484) is amended as follows:
(1) Section 3161(c)(6)(C) (42 U.S.C. 7274h(c)(6)(C)) is amended by
striking ``title IX of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3241 et seq.)'' and inserting ``title II of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.)''.
(2) Section 4416(b)(1) (10 U.S.C. 12681 note) is amended by striking
``force reduction period'' and inserting ``force reduction transition
period''.
(3) Section 4461(5) (10 U.S.C. 1143 note) is amended by adding a
period at the end.
(i) Other Laws.--
(1) Section 1083(c) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105 85; 10 U.S.C. 113 note) is amended by
striking `` Names'' and inserting `` Name''.
(2) Section 845(d)(1)(B)(ii) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103 160; 10 U.S.C. 2371 note) is
amended by inserting a closed parenthesis after ``41 U.S.C. 414(3))''.
(3) Section 1123(b) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101 189; 103 Stat. 1556) is
amended by striking ``Armed Forces Staff College'' each place it appears
and inserting ``Joint Forces Staff College''.
(4) Section 1412(g)(2)(C)(vii) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)(2)(C)(vii)) is amended by
striking ``(c)(3)'' and inserting ``(c)(4)''.
(5) Section 8336 of title 5, United States Code, is amended--
(A) in subsection (d)(2), by striking ``subsection (o)'' and
inserting ``subsection (p)''; and
(B) by redesignating the second subsection (o), added by section
1152(a)(2) of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted by Public Law 106 398; 114 Stat. 1654A
320), as subsection (p).
(6) Section 9001(3) of title 5, United States Code, is amended by
striking ``and'' at the end of subparagraph (A) and inserting ``or''.
(7) Section 318(h)(3) of title 37, United States Code, is amended by
striking ``subsection (a)'' and inserting ``subsection (b)''.
(8) Section 3695(a)(5) of title 38, United States Code, is amended
by striking ``1610'' and inserting ``1611''.
(9) Section 13(b) of the Peace Corps Act (22 U.S.C. 2512(b)) is
amended by striking ``, subject to section 5532 of title 5, United
States Code''.
(10) Section 127(g)(6) of the Trade Deficit Review Commission Act
(19 U.S.C. 2213 note), as amended by section 311(b) of the Legislative
Branch Appropriations Act, 2000 (Public Law 106 57; 113 Stat. 428), is
amended--
(A) by striking `` authorities.--'' and all that follows through
``An individual'' and inserting `` authorities.--An individual''; and
(B) by striking subparagraph (B).
(11) Section 28 of the Atomic Energy Act of 1954 (42 U.S.C. 2038) is
amended in the last sentence by striking '', subject to'' and all that
follows through the period at the end and inserting a period.
(12) Section 3212 of the National Nuclear Security Administration
Act (50 U.S.C. 2402) is amended by redesignating the second subsection
(e), added by section 3159(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106
398; 114 Stat. 1654A 469), as subsection (f).
(j) Coordination With Other Amendments.--For purposes of applying
amendments made by provisions of this Act other than provisions of this
section, this section shall be treated as having been enacted
immediately before the other provisions of this Act.
SEC. 1049. TERMINATION OF REFERENDUM REQUIREMENT REGARDING
CONTINUATION OF MILITARY TRAINING ON ISLAND OF VIEQUES, PUERTO RICO, AND
IMPOSITION OF ADDITIONAL CONDITIONS ON CLOSURE OF TRAINING RANGE.
(a) In General.--Title XV of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 348) is amended by striking sections 1503,
1504, and 1505 and inserting the following new sections:
``SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL TRAINING RANGE.
``(a) Conditional Authority to Close.--The Secretary of the Navy may
close the Vieques Naval Training Range on the island of Vieques, Puerto
Rico, and discontinue training at that range only if the Secretary
certifies to the President and Congress that both of the following
conditions are satisfied:
``(1) One or more alternative training facilities exist that,
individually or collectively, provide an equivalent or superior level of
training for units of the Navy and the Marine Corps stationed or
deployed in the eastern United States.
``(2) The alternative facility or facilities are available and fully
capable of supporting such Navy and Marine Corps training immediately
upon cessation of training on Vieques.
``(b) Consultation Required.--In determining whether the conditions
specified in paragraphs (1) and (2) of subsection (a) are satisfied, the
Secretary of the Navy shall take into account the written views and
recommendations of the Chief of Naval Operations and the Commandant of
the Marine Corps. The Secretary shall submit these written views and
recommendations to Congress with the certification submitted under
subsection (a).
``SEC. 1504. CLOSURE OF VIEQUES NAVAL TRAINING RANGE AND
DISPOSAL OF CLOSED RANGE.
``(a) Termination of Training and Related Closures.--If the
conditions specified in section 1503(a) are satisfied and the Secretary
of the Navy makes a determination to close the Vieques Naval Training
Range and discontinue live-fire training at that range the Secretary of
the Navy shall--
``(1) terminate all Navy and Marine Corps training operations on the
island of Vieques;
``(2) terminate all Navy and Marine Corps operations at Naval
Station Roosevelt Roads, Puerto Rico, that are related exclusively to
the use of the training range on the island of Vieques by the Navy and
the Marine Corps; and
``(3) close the Navy installations and facilities on the island of
Vieques, other than properties exempt from conveyance and transfer under
section 1506.
``(b) Transfer to Secretary of the Interior.--Upon termination of
Navy and Marine Corps training operations on the island of Vieques, the
Secretary of the Navy shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Interior--
``(1) the Live Impact Area on the island of Vieques;
``(2) all Department of Defense real properties on the eastern side
of the island that are identified as conservation zones; and
``(3) all other Department of Defense real properties on the eastern
side of the island.
``(c) Administration by Secretary of the Interior.--
``(1) Retention and administration.--The Secretary of the Interior
shall retain, and may not dispose of any of, the properties transferred
under paragraphs (2) and (3) of subsection (b) and shall administer such
properties as wildlife refuges under the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) pending the
enactment of a law that addresses the disposition of such properties.
``(2) Live impact area.--The Secretary of the Interior shall assume
responsibility for the administration of the Live Impact Area upon
transfer under paragraph (1) of subsection (b), administer that area as
a wilderness area under the Wilderness Act (16 U.S.C. 1131 et seq.), and
deny public access to the area.
``(d) Live Impact Area Defined.--In this section, the term `Live
Impact Area' means the parcel of real property, consisting of
approximately 900 acres (more or less), on the island of Vieques that is
designated by the Secretary of the Navy for targeting by live ordnance
in the training of forces of the Navy and Marine Corps.''.
(b) Conforming Amendment.--Section 1507(c) of such Act (114 Stat.
1654A 355) is amended by striking ``the issuance of a proclamation
described in section 1504(a) or''.
Subtitle F--Other Matters
SEC. 1061. ASSISTANCE FOR FIREFIGHTERS.
(a) Authorization of Appropriations.--Subsection (e) of section 33 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is
amended to read as follows:
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$900,000,000 for each of the fiscal years 2002 through 2004 for the
purposes of this section.
``(2) Administrative expenses.--Of the funds appropriated pursuant
to paragraph (1) for a fiscal year, the Director may use not more than
three percent of the funds to cover salaries and expenses and other
administrative costs incurred by the Director to operate the office
established under subsection (b)(2) and make grants and provide
assistance under this section.''.
(b) Response to Terrorism or Use of Weapons of Mass
Destruction.--Subsection (b)(3) of such section is amended--
(1) in subparagraph (B), by inserting ``(including response to a
terrorism incident or use of a weapon of mass destruction)'' after
``response'';
(2) in subparagraph (H), by striking ``and monitoring'' and
inserting ``, monitoring, and response to a terrorism incident or use of
a weapon of mass destruction''; and
(3) in subparagraph (I), by inserting ``, including protective
equipment to respond to a terrorism incident or the use of a weapon of
mass destruction'' after ``personnel'' the second place it appears.
(c) Technical Amendments.--Subsection (b)(3) of such section is
further amended--
(1) by striking ``the grant funds--'' in the matter preceding
subparagraph (A) and inserting ``the grant funds for one or more of the
following purposes:'';
(2) by capitalizing the initial letter of the first word of each of
subparagraphs (A) through (N);
(3) by striking the semicolon at the end of each of subparagraphs
(A) through (L) and inserting a period; and
(4) by striking ``; or'' at the end of subparagraph (M) and
inserting a period.
SEC. 1062. EXTENSION OF TIMES FOR COMMISSION ON THE FUTURE OF
THE UNITED STATES AEROSPACE INDUSTRY TO REPORT AND TO TERMINATE.
(a) Deadline for Report.--Subsection (d)(1) of section 1092 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106 398; 114 Stat. 1654A 302) is
amended by striking ``March 1, 2002'' and inserting ``one year after the
date of the first official meeting of the Commission''.
(b) Termination of Commission.--Subsection (g) of such section is
amended by striking ``30 days'' and inserting ``60 days''.
SEC. 1063. APPROPRIATIONS TO RADIATION EXPOSURE COMPENSATION TRUST FUND.
Section 3(e) of the Radiation Exposure Compensation Act (42 U.S.C.
2210 note) is amended to read as follows:
``(e) Appropriation.--
``(1) In general.--There are appropriated to the Fund, out of any
money in the Treasury not otherwise appropriated, for fiscal year 2002
and each fiscal year thereafter through fiscal year 2011, such sums as
may be necessary, not to exceed the applicable maximum amount specified
in paragraph (2), to carry out the purposes of the Fund.
``(2) Limitation.--Appropriation of amounts to the Fund pursuant to
paragraph (1) is subject to the following maximum amounts:
``(A) For fiscal year 2002, $172,000,000.
``(B) For fiscal year 2003, $143,000,000.
``(C) For fiscal year 2004, $107,000,000.
``(D) For fiscal year 2005, $65,000,000.
``(E) For fiscal year 2006, $47,000,000.
``(F) For fiscal year 2007, $29,000,000.
``(G) For fiscal year 2008, $29,000,000.
``(H) For fiscal year 2009, $23,000,000.
``(I) For fiscal year 2010, $23,000,000.
``(J) For fiscal year 2011, $17,000,000.''.
SEC. 1064. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF
NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is amended by adding at
the end the following new subsection:
``(h) Waiver for a Route in State of Maine During Periods of National
Emergency.--
``(1) In general.--Notwithstanding any other provision of this
section, the Secretary, in consultation with the Secretary of Defense,
may waive or limit the application of any vehicle weight limit
established under this section with respect to the portion of Interstate
Route 95 in the State of Maine between Augusta and Bangor for the
purpose of making bulk shipments of jet fuel to the Air National Guard
Base at Bangor International Airport during a period of national
emergency in order to respond to the effects of the national emergency.
``(2) Applicability.--Emergency limits established under paragraph
(1) shall preempt any inconsistent State vehicle weight limits.''.
SEC. 1065. REPAIR, RESTORATION, AND PRESERVATION OF LAFAYETTE
ESCADRILLE MEMORIAL, MARNES-LA-COQUETTE, FRANCE.
(a) Authority To Make Grant.--(1) Subject to subsections (b) and (c),
the Secretary of the Air Force may make a grant to the Lafayette
Escadrille Memorial Foundation, Inc., to be used solely for the purpose
of repairing, restoring, and preserving the structure, plaza, and
surrounding grounds of the Lafayette Escadrille Memorial in Marnes
la-Coquette, France.
(2) The amount of the grant may not exceed $2,000,000.
(b) Contribution of Funds by France.--The Secretary of the Air Force
may not make the grant authorized by subsection (a) until 30 days after
the Secretary submits to Congress a report indicating that the
government of France has also contributed funds toward the repair,
restoration, and preservation of the memorial. The report shall specify
the amount of the funds contributed by the government of France and
describe the purpose for which the funds are to be used.
(c) Conditions on Receipt of Grant.--(1) The grant under subsection
(a) shall be subject to the following conditions:
(A) That the Lafayette Escadrille Memorial Foundation submit to the
Secretary of the Air Force an annual report, until the grant funds are
fully expended, containing an itemized accounting of expenditures of
grant funds and describing the progress made to repair, restore, and
preserve the memorial.
(B) That the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, be given access
for the purpose of audit and examination to any books, documents,
papers, and records of the Lafayette Escadrille Memorial Foundation.
(C) That none of the grant funds be used for remuneration of any
entity or individual associated with fundraising for any project in
connection with the repair, restoration, and preservation of the
memorial.
(2) The Secretary shall transmit to Congress a copy of each report
received under paragraph (1)(A).
(d) Report on Architectural and Engineering Costs.--Not later than
one year after the date of the enactment of this Act, the Secretary of
the Air Force shall submit to Congress a report containing an estimate
of the architectural and engineering costs to be incurred to fully
repair, restore, and preserve the memorial and ensure the long-term
structural integrity of the memorial. The estimate shall be prepared by
a private United States entity, under contract with the Secretary. Funds
for the contract shall also be derived from the amount specified in
subsection (e).
(e) Funds for Grant.--Funds for the grant under subsection (a) shall
be derived only from amounts authorized to be appropriated under section
301(a)(4) for operation and maintenance for the Air Force.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SUBTITLE A--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Personnel pay and qualifications authority for
Department of Defense Pentagon Reservation civilian law enforcement and
security force.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Authority of civilian employees to act as notaries.
Sec. 1104. Authority to appoint certain health care professionals
in the excepted service.
SUBTITLE B--CIVILIAN PERSONNEL MANAGEMENT GENERALLY
Sec. 1111. Authority to provide hostile fire pay.
Sec. 1112. Payment of expenses to obtain professional credentials.
Sec. 1113. Parity in establishment of wage schedules and rates for
prevailing rate employees.
Sec. 1114. Modification of limitation on premium pay.
Sec. 1115. Participation of personnel in technical standards
development activities.
Sec. 1116. Retention of travel promotional items.
Sec. 1117. Applicability of certain laws to certain individuals
assigned to work in the Federal Government.
SUBTITLE C--INTELLIGENCE CIVILIAN PERSONNEL
Sec. 1121. Authority to increase maximum number of positions in
the Defense Intelligence Senior Executive Service.
SUBTITLE D--MATTERS RELATING TO RETIREMENT
Sec. 1131. Improved portability of retirement coverage for
employees moving between civil service employment and employment by
nonappropriated fund instrumentalities.
Sec. 1132. Federal employment retirement credit for
nonappropriated fund instrumentality service.
Sec. 1133. Modification of limitations on exercise of voluntary
separation incentive pay authority and voluntary early retirement
authority.
Subtitle A--Department of Defense Civilian Personnel
SEC. 1101. PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR
DEPARTMENT OF DEFENSE PENTAGON RESERVATION CIVILIAN LAW ENFORCEMENT AND
SECURITY FORCE.
Section 2674(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before the text in the first paragraph of
that subsection;
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively; and
(3) by adding at the end the following new paragraph:
``(2) For positions for which the permanent duty station is the
Pentagon Reservation, the Secretary, in his sole and exclusive
discretion, may without regard to the pay provisions of title 5, fix the
rates of basic pay for such positions occupied by civilian law
enforcement and security personnel appointed under the authority of this
section so as to place such personnel on a comparable basis with
personnel of other similar Federal law enforcement and security
organizations within the vicinity of the Pentagon Reservation, not to
exceed the basic pay for personnel performing similar duties in the
United States Secret Service Uniformed Division or the United States
Park Police.''.
SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING EXPENSES.
(a) Authority To Carry Out Pilot Program.--(1) The Secretary of
Defense may establish a pilot program to facilitate the reemployment of
eligible employees of the Department of Defense who are involuntarily
separated due to a reduction in force, relocation as a result of a
transfer of function, realignment, or change of duty station. Under the
pilot program, the Secretary may pay retraining incentives to encourage
non-Federal employers to hire and retain such eligible employees.
(2) Under the pilot program, the Secretary may enter into an
agreement with a non-Federal employer under which the employer agrees--
(A) to employ an eligible employee for at least 12 months at a
salary that is mutually agreeable to the employer and the eligible
employee; and
(B) to certify to the Secretary the amount of costs incurred by the
employer for any necessary training (as defined by the Secretary)
provided to such eligible employee in connection with the employment.
(3) The Secretary may pay a retraining incentive to the non-Federal
employer upon the employee's completion of 12 months of continuous
employment with that employer. The Secretary shall determine the amount
of the incentive, except that in no event may such amount exceed the
lesser of the amount certified with respect to such eligible employee
under paragraph (2)(B), or $10,000.
(4) In a case in which an eligible employee does not remain employed
by the non-Federal employer for at least 12 months, the Secretary may
pay to the employer a prorated amount of what would have been the full
retraining incentive if the eligible employee had remained employed for
such 12-month period.
(b) Eligible Employees.--For purposes of this section, an eligible
employee is an employee of the Department of Defense, serving under an
appointment without time limitation, who has been employed by the
Department for a continuous period of at least 12 months and who has
been given notice of separation pursuant to a reduction in force,
relocation as a result of a transfer of function, realignment, or change
of duty station, except that such term does not include--
(1) a reemployed annuitant under the retirement systems described in
subchapter III of chapter 83 of title 5, United States Code, or chapter
84 of such title, or another retirement system for employees of the
Federal Government;
(2) an employee who, upon separation from Federal service, is
eligible for an immediate annuity under subchapter III of chapter 83 of
such title, or subchapter II of chapter 84 of such title; or
(3) an employee who is eligible for disability retirement under any
of the retirement systems referred to in paragraph (1).
(c) Duration.--No incentive may be paid under the pilot program for
training commenced after September 30, 2005.
(d) Definitions.--In this section:
(1) The term ``non-Federal employer'' means an employer that is not
an Executive agency, as defined in section 105 of title 5, United States
Code, or an entity in the legislative or judicial branch of the Federal
Government.
(2) The term ``reduction in force'' has the meaning of that term as
used in chapter 35 of such title 5.
(3) The term ``realignment'' has the meaning given that term in
section 2910 of the Defense Base Closure and Realignment Act of 1990
(title XXIX of Public Law 101 510; 10 U.S.C. 2687 note).
SEC. 1103. AUTHORITY OF CIVILIAN EMPLOYEES TO ACT AS NOTARIES.
(a) Clarification of Status of Civilian Attorneys Eligible To Act as
Notaries.--Subsection (b) of section 1044a of title 10, United States
Code, is amended by striking ``legal assistance officers'' in paragraph
(2) and inserting ``legal assistance attorneys''.
(b) Other Civilian Employees Designated To Act as Notaries
Abroad.--Such subsection is further amended by adding at the end the
following new paragraph:
``(5) For the performance of notarial acts at locations outside the
United States, all employees of a military department or the Coast Guard
who are designated by regulations of the Secretary concerned or by
statute to have those powers for exercise outside the United States.''.
SEC. 1104. AUTHORITY TO APPOINT CERTAIN HEALTH CARE
PROFESSIONALS IN THE EXCEPTED SERVICE.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``1599c. Appointment in excepted service of certain health
care professionals
``(a) Authority.--The Secretary of Defense may appoint in the
excepted service without regard to the provisions of subchapter I of
chapter 33 of title 5 (except as provided in section 3328 of such title
and in subsection (c) of this section) an individual who has--
``(1) a recognized degree or certificate from an accredited
institution in a covered health care profession or occupation; and
``(2) successfully completed a clinical education program affiliated
with the Department of Defense or the Department of Veterans Affairs.
``(b) Covered Health Care Profession or Occupation.--For purposes of
subsection (a), a covered health care profession or occupation is any of
the following:
``(1) Physician.
``(2) Dentist.
``(3) Podiatrist.
``(4) Optometrist.
``(5) Nurse.
``(6) Physician assistant.
``(7) Expanded-function dental auxiliary.
``(c) Preferences in Hiring.--In using the authority provided by this
section, the Secretary shall apply the principles of preference for the
hiring of veterans and other individuals established in subchapter I of
chapter 33 of title 5.
``(d) Probationary Period.--There shall be an initial probationary
period of two years for appointments made under the authority of this
section.
``(e) Promotions and Advancement.--(1) Promotions of individuals
appointed under the authority of this section shall be made only after
an examination performed in accordance with regulations prescribed by
the Secretary.
``(2) Advancement of such individuals within a pay grade may be made
in increments of the minimum rate of basic pay of the grade in
accordance with regulations prescribed by the Secretary.
``(f) Review of Records by Board.--The record of each individual
appointed under the authority of this section in the medical, dental,
and nursing services shall be reviewed periodically by a board, which
shall be appointed in accordance with regulations prescribed by the
Secretary. If such board finds that such individual is not fully
qualified and satisfactory, such individual shall be separated from
service.
``(g) Adjustment of Pay.--In accordance with regulations prescribed
by the Secretary, the grade and annual rate of basic pay of an
individual appointed under this section whose level of assignment is
changed from a level of assignment in which the grade level is based on
both the nature of the assignment and qualifications may be adjusted to
the grade and annual rate of basic pay otherwise appropriate.
``(h) Appointment to Additional Positions.--(1) The Secretary may use
the authority of this subsection (subject to paragraph (2)) to establish
the qualifications for, and appoint and advance an individual in the
Department of Defense as--
``(A) a clinical or counseling psychologist (if such psychologist
holds a diploma as a diplomate in psychology from an accrediting
authority approved by the Secretary);
``(B) a certified or registered respiratory therapist;
``(C) a licensed physical therapist;
``(D) a licensed practical or vocational nurse;
``(E) a pharmacist; or
``(F) an occupational therapist.
``(2) Notwithstanding any other provision of this title or any other
law, all matters relating to adverse actions, disciplinary actions, and
grievance procedures involving an individual appointed to a position
described in paragraph (1) (including such actions and procedures
involving an employee in a probationary status) shall be resolved under
the provisions of title 5 as though such individual had been appointed
under such title.
``(i) Reinstatement.--In determining eligibility for reinstatement in
the civil service of individuals appointed to positions in the
Department of Defense under this section who at the time of appointment
have a civil service status and whose employment in the Department of
Defense is terminated, the period of service performed in the Department
shall be included in computing the period of service under applicable
civil service regulations.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1599c. Appointment in excepted service of certain health care
professionals.''.
Subtitle B--Civilian Personnel Management Generally
SEC. 1111. AUTHORITY TO PROVIDE HOSTILE FIRE PAY.
(a) In General.--Subchapter IV of chapter 59 of title 5, United
States Code, is amended by adding at the end the following new section:
``5949. Hostile fire pay
``(a) The head of an Executive agency may pay an employee hostile
fire pay at the rate of $150 for any month in which the employee was--
``(1) subject to hostile fire or explosion of hostile mines;
``(2) on duty in an area in which the employee was in imminent
danger of being exposed to hostile fire or explosion of hostile mines
and in which, during the period on duty in that area, other employees
were subject to hostile fire or explosion of hostile mines; or
``(3) killed, injured, or wounded by hostile fire, explosion of a
hostile mine, or any other hostile action.
``(b) An employee covered by subsection (a)(3) who is hospitalized
for the treatment of his or her injury or wound may be paid hostile fire
pay under this section for not more than three additional months during
which the employee is so hospitalized.
``(c) An employee may be paid hostile fire pay under this section in
addition to other pay and allowances to which entitled, except that an
employee may not be paid hostile fire pay under this section for periods
of time during which the employee receives payment under section 5925 of
this title because of exposure to political violence or payment under
section 5928 of this title.''.
(b) Technical Amendment.--The table of sections at the beginning of
chapter 59 of such title is amended by inserting at the end the
following new item:
``5949. Hostile fire pay.''.
(c) Effective Date.--This provision is effective as if enacted into
law on September 11, 2001, and may be applied with respect to any
hostile action that took place on or after that date.
SEC. 1112. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL CREDENTIALS.
(a) In General.--Chapter 57 of title 5, United States Code, is
amended by adding at the end the following new section:
``5757. Payment of expenses to obtain professional credentials
``(a) An agency may use appropriated funds or funds otherwise
available to the agency to pay for--
``(1) expenses for employees to obtain professional credentials,
including expenses for professional accreditation, State-imposed and
professional licenses, and professional certification; and
``(2) examinations to obtain such credentials.
``(b) The authority under subsection (a) may not be exercised on
behalf of any employee occupying or seeking to qualify for appointment
to any position that is excepted from the competitive service because of
the confidential, policy-determining, policy-making, or
policy-advocating character of the position.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5757. Payment of expenses to obtain professional credentials.''.
SEC. 1113. PARITY IN ESTABLISHMENT OF WAGE SCHEDULES AND RATES
FOR PREVAILING RATE EMPLOYEES.
(a) In General.--Paragraph (2) of section 5343(d) of title 5, United
States Code, is amended to read as follows:
``(2) When the lead agency determines that there is a number of
comparable positions in private industry insufficient to establish the
wage schedules and rates, such agency shall establish the wage schedules
and rates on the basis of--
``(A) local private industry rates; and
``(B) rates paid for comparable positions in private industry in the
nearest wage area that such agency determines is most similar in the
nature of its population, employment, manpower, and industry to the
local wage area for which the wage survey is being made.''.
(b) Effective Date.--Wage adjustments made pursuant to the amendment
made by this section shall take effect in each applicable wage area on
the first normal effective date of the applicable wage survey adjustment
that occurs after the date of the enactment of this Act.
SEC. 1114. MODIFICATION OF LIMITATION ON PREMIUM PAY.
(a) In General.--Section 5547 of title 5, United States Code, is
amended to read as follows:
``5547. Limitation on premium pay
``(a) An employee may be paid premium pay under sections 5542,
5545(a), (b), and (c), 5545a, and 5546(a) and (b) only to the extent
that the payment does not cause the aggregate of basic pay and such
premium pay for any pay period for such employee to exceed the greater
of--
``(1) the maximum rate of basic pay payable for GS 15 (including any
applicable locality-based comparability payment under section 5304 or
similar provision of law and any applicable special rate of pay under
section 5305 or similar provision of law); or
``(2) the rate payable for level V of the Executive Schedule.
``(b)(1) Subject to regulations prescribed by the Office of Personnel
Management, subsection (a) shall not apply to an employee who is paid
premium pay by reason of work in connection with an emergency (including
a wildfire emergency) that involves a direct threat to life or property,
including work performed in the aftermath of such an emergency.
``(2) Notwithstanding paragraph (1), no employee referred to in such
paragraph may be paid premium pay under the provisions of law cited in
subsection (a) if, or to the extent that, the aggregate of the basic pay
and premium pay under those provisions for such employee would, in any
calendar year, exceed the greater of--
``(A) the maximum rate of basic pay payable for GS 15 in effect at
the end of such calendar year (including any applicable locality-based
comparability payment under section 5304 or similar provision of law and
any applicable special rate of pay under section 5305 or similar
provision of law); or
``(B) the rate payable for level V of the Executive Schedule in
effect at the end of such calendar year.
``(3) Subject to regulations prescribed by the Office of Personnel
Management, the head of an agency may determine that subsection (a)
shall not apply to an employee who is paid premium pay to perform work
that is critical to the mission of the agency. Such employees may be
paid premium pay under the provisions of law cited in subsection (a) if,
or to the extent that, the aggregate of the basic pay and premium pay
under those provisions for such employee would not, in any calendar
year, exceed the greater of--
``(A) the maximum rate of basic pay payable for GS 15 in effect at
the end of such calendar year (including any applicable locality-based
comparability payment under section 5304 or similar provision of law and
any applicable special rate of pay under section 5305 or similar
provision of law); or
``(B) the rate payable for level V of the Executive Schedule in
effect at the end of such calendar year.
``(c) The Office of Personnel Management shall prescribe regulations
governing the methods of applying subsection (b)(2) and (b)(3) to
employees who receive premium pay under section 5545(c) or 5545a, or to
firefighters covered by section 5545b who receive overtime pay for hours
in their regular tour of duty, and the method of payment to such
employees. Such regulations may limit the payment of such premium pay on
a biweekly basis.
``(d) This section shall not apply to any employee of the Federal
Aviation Administration or the Department of Defense who is paid premium
pay under section 5546a.''.
(b) Conforming Amendment.--Section 118 of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by section 1(3)
of Public Law 106 554; 114 Stat. 2763A 134) is amended by striking
``limitation on the rate of pay payable during a pay period contained in
section 5547(c)(2)'' and inserting ``restrictions contained in section
5547''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the first day of the first pay period beginning on
or after the date that is 120 days following the date of enactment of
this Act.
SEC. 1115. PARTICIPATION OF PERSONNEL IN TECHNICAL STANDARDS
DEVELOPMENT ACTIVITIES.
Subsection (d) of section 12 of the National Technology Transfer and
Advancement Act of 1995 (Pub. Law 104 113; 15 U.S.C. 272 note) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph (4):
``(4) Expenses of government personnel.--Section 5946 of title 5,
United States Code, shall not apply with respect to any activity of an
employee of a Federal agency or department that is determined by the
head of that agency or department as being an activity undertaken in
carrying out this subsection.''.
SEC. 1116. RETENTION OF TRAVEL PROMOTIONAL ITEMS.
(a) Definition.--In this section, the term ``agency'' has the meaning
given that term under section 5701 of title 5, United States Code.
(b) Retention of Travel Promotional Items.--To the extent provided
under subsection (c), a Federal employee, member of the Foreign Service,
member of a uniformed service, any family member or dependent of such an
employee or member, or other individual who receives a promotional item
(including frequent flyer miles, upgrade, or access to carrier clubs or
facilities) as a result of using travel or transportation services
obtained at Federal Government expense or accepted under section 1353 of
title 31, United States Code, may retain the promotional item for
personal use if the promotional item is obtained under the same terms as
those offered to the general public and at no additional cost to the
Federal Government.
(c) Limitation.--Subsection (b)--
(1) applies only to travel that--
(A) is at the expense of an agency; or
(B) is accepted by an agency under section 1353 of title 31, United
States Code; and
(2) does not apply to travel by any officer, employee, or other
official of the Government who is not in or under any agency.
(d) Regulatory Authority.--Any agency with authority to prescribe
regulations governing the acquisition, acceptance, use, or disposal of
any travel or transportation services obtained at Government expense or
accepted under section 1353 of title 31, United States Code, may
prescribe regulations to carry out subsection (b) with respect to those
travel or transportation services.
(e) Repeal of Superseded Law.--Section 6008 of the Federal
Acquisition Streamlining Act of 1994 (5 U.S.C. 5702 note; Public Law 103
355) is repealed.
(f) Applicability.--This section shall apply with respect to
promotional items received before, on, or after the date of enactment of
this Act.
SEC. 1117. APPLICABILITY OF CERTAIN LAWS TO CERTAIN
INDIVIDUALS ASSIGNED TO WORK IN THE FEDERAL GOVERNMENT.
Section 3374(c)(2) of title 5, United States Code, is amended by
inserting ``the Ethics in Government Act of 1978, section 27 of the
Office of Federal Procurement Policy Act,'' after ``chapter 73 of this
title,''.
Subtitle C--Intelligence Civilian Personnel
SEC. 1121. AUTHORITY TO INCREASE MAXIMUM NUMBER OF POSITIONS
IN THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.
Section 1606(a) of title 10, United States Code, is amended by
striking ``517'' and inserting ``544''.
Subtitle D--Matters Relating To Retirement
SEC. 1131. IMPROVED PORTABILITY OF RETIREMENT COVERAGE FOR
EMPLOYEES MOVING BETWEEN CIVIL SERVICE EMPLOYMENT AND EMPLOYMENT BY
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Civil Service Retirement System.--Section 8347(q) of title 5,
United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' at the end of subparagraph (A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B); and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term'' and all that follows through
``such system''.
(b) Federal Employees' Retirement System.--Section 8461(n) of such
title is amended--
(1) in paragraph (1)--
(A) by inserting ``and'' at the end of subparagraph (A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B); and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term'' and all that follows through
``such system''.
SEC. 1132. FEDERAL EMPLOYMENT RETIREMENT CREDIT FOR
NONAPPROPRIATED FUND INSTRUMENTALITY SERVICE.
(a) Civil Service Retirement System.--(1) Section 8332(b) of title 5,
United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (15);
(B) by striking the period at the end of paragraph (16) and
inserting ``; and'';
(C) by inserting after paragraph (16) the following new paragraph:
``(17) service performed by any individual as an employee paid from
nonappropriated funds of an instrumentality of the Department of Defense
or the Coast Guard described in section 2105(c) that is not covered by
paragraph (16) and that is not otherwise creditable, if the individual
elects (in accordance with regulations prescribed by the Office) to have
such service credited under this paragraph.'';
(D) in the last sentence, by inserting ``or (17)'' after ``service
of the type described in paragraph (16)''; and
(E) by inserting after the last sentence the following: ``Service
credited under paragraph (17) may not also be credited under any other
retirement system provided for employees paid from nonappropriated funds
of a nonappropriated fund instrumentality.''.
(2) Section 8334 of such title is amended by adding at the end the
following new subsection:
``(n) Notwithstanding subsection (c), no deposit may be made with
respect to service credited under section 8332(b)(17).''.
(3) Section 8339 of such title is amended by adding at the end the
following new subsection:
``(u) The annuity of an employee retiring under this subchapter with
service credited under section 8332(b)(17) shall be reduced by the
amount necessary to ensure that the present value of the annuity payable
to the employee is actuarially equivalent to the present value of the
annuity that would be payable to the employee under this subchapter if
it were computed--
``(1) on the basis of service that does not include service credited
under section 8332(b)(17); and
``(2) assuming the employee separated from service on the actual
date of the separation of the employee.
``The amount of the reduction shall be computed under regulations
prescribed by the Office of Personnel Management for the administration
of this subsection.''.
(b) Federal Employees' Retirement System.--(1) Section 8411 of such
title is amended--
(A) in subsection (b)--
(i) by striking ``and'' at the end of paragraph (4);
(ii) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(iii) by inserting after paragraph (5) the following new paragraph:
``(6) service performed by any individual as an employee paid from
nonappropriated funds of an instrumentality of the Department of Defense
or the Coast Guard described in section 2105(c) that is not otherwise
creditable, if the individual elects (in accordance with regulations
prescribed by the Office) to have such service credited under this
paragraph.''; and
(B) by adding at the end the following new subsection:
``(k)(1) The Office of Personnel Management shall accept, for the
purposes of this chapter, the certification of the head of a
nonappropriated fund instrumentality of the United States concerning
service of the type described in subsection (b)(6) that was performed
for such nonappropriated fund instrumentality.
``(2) Service credited under subsection (b)(6) may not also be
credited under any other retirement system provided for employees paid
from nonappropriated funds of a nonappropriated fund instrumentality.''.
(2)(A) Section 8422 of such title is amended by adding at the end the
following new subsection:
``(h) No deposit may be made with respect to service credited under
section 8411(b)(6).''.
(B) The heading for such section is amended to read as follows:
``8422. Deductions from pay; contributions for other service'' .
(C) The item relating to such section in the table of contents at the
beginning of chapter 84 of title 5, United States Code, is amended to
read as follows:
``8422. Deductions from pay; contributions for other service.''.
(3) Section 8415 of such title is amended by adding at the end the
following new subsection:
``(j) The annuity of an employee retiring under this chapter with
service credited under section 8411(b)(6) shall be reduced by the amount
necessary to ensure that the present value of the annuity payable to the
employee under this subchapter is actuarially equivalent to the present
value of the annuity that would be payable to the employee under this
subchapter if it were computed--
``(1) on the basis of service that does not include service credited
under section 8411(b)(6); and
``(2) assuming the employee separated from service on the actual
date of the separation of the employee.
``The amount of the reduction shall be computed under regulations
prescribed by the Office of Personnel Management for the administration
of this subsection.''.
(c) Applicability.--The amendments made by this section shall apply
only to separations from service as an employee of the United States on
or after the date of the enactment of this Act.
SEC. 1133. MODIFICATION OF LIMITATIONS ON EXERCISE OF
VOLUNTARY SEPARATION INCENTIVE PAY AUTHORITY AND VOLUNTARY EARLY
RETIREMENT AUTHORITY.
(a) In General.--Section 1153(b) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106 398; 114 Stat. 1654A 323) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) Subject to paragraph (2), the'' and inserting
``The'';
(B) by striking ``in each of fiscal years 2002 and 2003, not more
than 4000 employees of the Department of Defense are'' and inserting
``in fiscal year 2002 not more than 2000 employees of the Department of
Defense are, and in fiscal year 2003 not more than 6000 employees of the
Department of Defense are''; and
(C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively; and
(2) by striking paragraph (2).
(b) Construction.--The amendments made by subsection (a) may be
superceded by another provision of law that takes effect after the date
of the enactment of this Act, and before October 1, 2003, establishing a
uniform system of providing voluntary separation incentives (including a
system for requiring approval of plans by the Office of Management and
Budget) for employees of the Federal Government.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SUBTITLE A--MATTERS RELATED TO ARMS CONTROL AND MONITORING
Sec. 1201. Clarification of authority to furnish nuclear test
monitoring equipment to foreign governments.
Sec. 1202. Limitation on funding for joint Data Exchange Center in
Moscow.
Sec. 1203. Support of United Nations-sponsored efforts to inspect
and monitor Iraqi weapons activities.
Sec. 1204. Authority for employees of Federal Government
contractors to accompany chemical weapons inspection teams at
Government-owned facilities.
Sec. 1205. Plan for securing nuclear weapons, material, and
expertise of the states of the former Soviet Union.
SUBTITLE B--MATTERS RELATING TO ALLIES AND FRIENDLY FOREIGN NATIONS
Sec. 1211. Acquisition of logistical support for security forces.
Sec. 1212. Extension of authority for international cooperative
research and development projects.
Sec. 1213. Cooperative agreements with foreign countries and
international organizations for reciprocal use of test facilities.
Sec. 1214. Sense of Congress on allied defense burdensharing.
SUBTITLE C--REPORTS
Sec. 1221. Report on significant sales and transfers of military
hardware, expertise, and technology to the People's Republic of China.
Sec. 1222. Repeal of requirement for reporting to Congress on
military deployments to Haiti.
Sec. 1223. Report by Comptroller General on provision of defense
articles, services, and military education and training to foreign
countries and international organizations.
SUBTITLE A--MATTERS RELATED TO ARMS CONTROL AND MONITORING
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR TEST
MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS.
(a) Redesignation of Existing Section.--(1) The second section 2555
of title 10, United States Code, added by section 1203(a) of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106 398; 114 Stat. 1654A 324), is
redesignated as section 2565.
(2) The item relating to that section in the table of sections at the
beginning of chapter 152 of that title is amended to read as follows:
``2565. Nuclear test monitoring equipment: furnishing to foreign
governments.''.
(b) Clarification of Authority.--Section 2565 of that title, as so
redesignated by subsection (a), is amended--
(1) in subsection (a)--
(A) by striking `` Convey or'' in the subsection heading and
inserting `` Transfer Title to or Otherwise'';
(B) in paragraph (1)--
(i) by striking ``convey'' and inserting ``transfer title''; and
(ii) by striking ``and'' at the end;
(C) by striking the period at the end of paragraph (2) and inserting
``; and''; and
(D) by adding at the end the following new paragraph:
``(3) inspect, test, maintain, repair, or replace any such
equipment.''; and
(2) in subsection (b)--
(A) by striking ``conveyed or otherwise provided'' and inserting
``provided to a foreign government'';
(B) by inserting ``and'' at the end of paragraph (1);
(C) by striking ``; and'' at the end of paragraph (2) and inserting
a period; and
(D) by striking paragraph (3).
SEC. 1202. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE
CENTER IN MOSCOW.
(a) Limitation.--Not more than 50 percent of the funds made available
to the Department of Defense for fiscal year 2002 for activities
associated with the Joint Data Exchange Center in Moscow, Russia, may be
obligated for any such activity until--
(1) the United States and the Russian Federation enter into a
cost-sharing agreement as described in subsection (d) of section 1231 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, as enacted into law by Public Law 106 398 (114 Stat. 1654A 329);
(2) the United States and the Russian Federation enter into an
agreement or agreements exempting the United States and any United
States person from Russian taxes, and from liability under Russian laws,
with respect to activities associated with the Joint Data Exchange
Center;
(3) the Secretary of Defense submits to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a copy of each agreement referred to in paragraphs
(1) and (2); and
(4) a period of 30 days has expired after the date of the final
submission under paragraph (3).
(b) Joint Data Exchange Center.--For purposes of this section, the
term ``Joint Data Exchange Center'' means the United States-Russian
Federation joint center for the exchange of data to provide early
warning of launches of ballistic missiles and for notification of such
launches that is provided for in a joint United States-Russian
Federation memorandum of agreement signed in Moscow in June 2000.
SEC. 1203. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2002--The total
amount of the assistance for fiscal year 2002 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 ``2001'' and inserting ``2002''.
SEC. 1204. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT
CONTRACTORS TO ACCOMPANY CHEMICAL WEAPONS INSPECTION TEAMS AT
GOVERNMENT-OWNED FACILITIES.
(a) Authority.--Section 303(b)(2) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6723(b)(2)) is amended by
inserting after ``designation of employees of the Federal Government''
the following: ``(and, in the case of an inspection of a United States
Government facility, the designation of contractor personnel who shall
be led by an employee of the Federal Government)''.
(b) Credentials.--Section 304(c) of such Act (22 U.S.C. 6724(c)) is
amended by striking ``Federal government'' and inserting ``Federal
Government (and, in the case of an inspection of a United States
Government facility, any accompanying contractor personnel)''.
SEC. 1205. PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND
EXPERTISE OF THE STATES OF THE FORMER SOVIET UNION.
(a) Plan Required.--Not later than June 15, 2002, the President shall
submit to Congress a plan, that has been developed in coordination with
all relevant Federal agencies--
(1) for cooperating with Russia on disposing, as soon as
practicable, of nuclear weapons and weapons-usable nuclear material in
Russia that Russia does not retain in its nuclear arsenals;
(2) for assisting Russia in downsizing its nuclear weapons research
and production complex;
(3) for cooperating with the other states of the former Soviet Union
on disposing, as soon as practicable, of all nuclear weapons and
weapons-usable nuclear material in such states; and
(4) for preventing the outflow from the states of the former Soviet
Union of scientific expertise that could be used for developing nuclear
weapons, other weapons of mass destruction, and delivery systems for
such weapons.
(b) Content of Plan.--The plan required by subsection (a) shall
include the following:
(1) Specific goals and measurable objectives for programs that are
designed to carry out the objectives described in subsection (a).
(2) Criteria for success for such programs, and a strategy for
eventual termination of United States contributions to such programs and
assumption of the ongoing support of those programs by others.
(3) A description of any administrative and organizational changes
necessary to improve the coordination and effectiveness of such
programs. In particular, the plan shall include consideration of the
creation of an interagency committee that would have primary
responsibilities within the executive branch for--
(A) monitoring United States nonproliferation efforts in the states
of the former Soviet Union;
(B) coordinating the implementation of United States policy with
respect to such efforts; and
(C) recommending to the President integrated policies, budget
options, and private sector and international contributions for such
programs.
(4) An estimate of the cost of carrying out such programs.
(c) Consultation.--In developing the plan required by subsection (a),
the President--
(1) is encouraged to consult with the relevant states of the former
Soviet Union regarding the practicality of various options; and
(2) shall consult with the majority and minority leadership of the
appropriate committees of Congress.
SUBTITLE B--MATTERS RELATING TO ALLIES AND FRIENDLY FOREIGN NATIONS
SEC. 1211. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY FORCES.
Section 5 of the Multinational Force and Observers Participation
Resolution (22 U.S.C. 3424) is amended by adding at the end the
following new subsection:
``(d)(1) The United States may use contractors to provide logistical
support to the Multinational Force and Observers under this section in
lieu of providing such support through a logistical support unit
comprised of members of the United States Armed Forces.
``(2) Notwithstanding subsections (a) and (b) and section 7(b),
support by a contractor under this subsection may be provided without
reimbursement whenever the President determines that such action
enhances or supports the national security interests of the United
States.''.
SEC. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL
COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS.
(a) Eligibility of Friendly Foreign Countries.--Section 2350a of
title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a) Authority To Engage in
Cooperative R & D Projects.--';
(B) by striking ``major allies of the United States or NATO
organizations'' and inserting ``countries or organizations referred to
in paragraph (2)''; and
(C) by adding at the end the following new paragraph:
``(2) The countries and organizations with which the Secretary may
enter into a memorandum of agreement (or other formal agreement) under
paragraph (1) are as follows:
``(A) The North Atlantic Treaty Organization.
``(B) A NATO organization.
``(C) A member nation of the North Atlantic Treaty Organization.
``(D) A major non-NATO ally.
``(E) Any other friendly foreign country.'';
(2) in subsection (b)(1)--
(A) by striking ``its major non-NATO allies'' and inserting ``a
country or organization referred to in subsection (a)(2)''; and
(B) by striking ``(NATO)'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``the major allies of the United
States'' and inserting ``countries and organizations referred to in
subsection (a)(2)''; and
(B) in paragraph (2)--
(i) by striking ``major ally of the United States'' and inserting
``country or organization referred to in subsection (a)(2)''; and
(ii) by striking ``that ally's contribution'' and inserting ``the
contribution of that country or organization'';
(4) in subsection (e)(2)--
(A) in subparagraph (A), by striking ``one or more of the major
allies of the United States'' and inserting ``any country or
organization referred to in subsection (a)(2)'';
(B) in subparagraph (B), by striking ``major allies of the United
States or NATO organizations'' and inserting ``countries and
organizations referred to in subsection (a)(2)'';
(C) in subparagraph (C), by striking ``major allies of the United
States'' and inserting ``countries and organizations referred to in
subsection (a)(2)''; and
(D) in subparagraph (D), by striking ``major allies of the United
States'' and inserting ``countries and organizations referred to in
subsection (a)(2)'';
(5) paragraphs (1)(A) and (4)(A) of subsection (g), by striking
``major allies of the United States and other friendly foreign
countries'' and inserting ``countries referred to in subsection
(a)(2)'';
(6) in subsection (h), by striking ``major allies of the United
States'' and inserting ``member nations of the North Atlantic Treaty
Organization, major non-NATO allies, and other friendly foreign
countries''; and
(7) in subsection (i)--
(A) in paragraph (1), by striking ``major allies of the United
States or NATO organizations'' and inserting ``countries and
organizations referred to in subsection (a)(2)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and
(3), respectively.
(b) Notice-and-Wait Requirement.--Subsection (a) of such section is
further amended by adding at the end the following new paragraph:
``(3) If such a memorandum of understanding (or other formal
agreement) is with a country referred to in subparagraph (E) of
paragraph (2), such memorandum (or agreement) may go into effect only
after the Secretary submits to the Committees on Armed Services and on
Foreign Relations of the Senate and to the Committees on Armed Services
and on International Relations of the House of Representatives a report
with respect to the proposed memorandum (or agreement) and a period of
30 days has passed after the report has been submitted.''.
(c) Delegation of Authority To Determine Eligibility of
Projects.--Subsection (b)(2) of such section is amended by striking ``to
the Deputy Secretary of Defense'' and all that follows through the
period at the end and inserting ``to the Deputy Secretary of Defense and
to one other official of the Department of Defense.''.
(d) Revision of Requirement for Annual Report on Eligible
Countries.--Subsection (f)(2) of such section is amended to read as
follows:
``(2) Not later than January 1 of each year, the Secretary of Defense
shall submit to the Committees on Armed Services and on Foreign
Relations of the Senate and to the Committees on Armed Services and on
International Relations of the House of Representatives a report
specifying--
``(A) the countries that are eligible to participate in a
cooperative project agreement under this section; and
``(B) the criteria used to determine the eligibility of such
countries.''.
(e) Conforming Amendments.--(1) The heading of such section is
amended to read as follows:
``2350a. Cooperative research and development agreements: NATO
organizations; allied and friendly foreign countries'' .
(2) The item relating to such section in the table of sections at the
beginning of subchapter II of chapter 138 of title 10, United States
Code, is amended to read as follows:
``2350a. Cooperative research and development agreements: NATO
organizations; allied and friendly foreign countries.''.
SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL USE OF TEST FACILITIES.
(a) Authority.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section:
``2350l. Cooperative agreements for reciprocal use of test
facilities: foreign countries and international organizations
``(a) Authority.--The Secretary of Defense, with the concurrence of
the Secretary of State, may enter into a memorandum of understanding (or
other formal agreement) with a foreign country or international
organization to provide for the testing, on a reciprocal basis, of
defense equipment (1) by the United States using test facilities of that
country or organization, and (2) by that country or organization using
test facilities of the United States.
``(b) Payment of Costs.--A memorandum or other agreement under
subsection (a) shall provide that, when a party to the agreement uses a
test facility of another party to the agreement, the party using the
test facility is charged by the party providing the test facility in
accordance with the following principles:
``(1) The user party shall be charged the amount equal to the direct
costs incurred by the provider party in furnishing test and evaluation
services by the providing party's officers, employees, or governmental
agencies.
``(2) The user party may also be charged indirect costs relating to
the use of the test facility, but only to the extent specified in the
memorandum or other agreement.
``(c) Determination of Indirect Costs; Delegation of Authority.--(1)
The Secretary of Defense shall determine the appropriateness of the
amount of indirect costs charged by the United States pursuant to
subsection (b)(2).
(2) The Secretary may delegate the authority under paragraph (1) only
to the Deputy Secretary of Defense and to one other official of the
Department of Defense.
``(d) Retention of Funds Collected by the United States.--Amounts
collected by the United States from a party using a test facility of the
United States pursuant to a memorandum or other agreement under this
section shall be credited to the appropriation accounts from which the
costs incurred by the United States in providing such test facility were
paid.
``(e) Definitions.--In this section:
``(1) The term `direct cost', with respect to the use of a test
facility pursuant to a memorandum or other agreement under subsection
(a)--
``(A) means any item of cost that is easily and readily identified
to a specific unit of work or output within the test facility where the
use occurred, that would not have been incurred if such use had not
occurred; and
``(B) may include costs of labor, materials, facilities, utilities,
equipment, supplies, and any other resources of the test facility that
are consumed or damaged in connection with--
``(i) the use; or
``(ii) the maintenance of the test facility for purposes of the use.
``(2) The term `indirect cost', with respect to the use of a test
facility pursuant to a memorandum or other agreement under subsection
(a)--
``(A) means any item of cost that is not easily and readily
identified to a specific unit of work or output within the test facility
where the use occurred; and
``(B) may include general and administrative expenses for such
activities as supporting base operations, manufacturing, supervision,
procurement of office supplies, and utilities that are accumulated costs
allocated among several users.
``(3) The term `test facility' means a range or other facility at
which testing of defense equipment may be carried out.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2350l. Cooperative agreements for reciprocal use of test
facilities: foreign countries and international organizations.''.
SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE BURDENSHARING.
It is the sense of Congress that--
(1) the efforts of the President to increase defense burdendsharing
by allied and friendly nations deserve strong support; and
(2) host nation support agreements with those nations in which
United States military personnel are assigned to permanent duty ashore
should be negotiated consistent with section 1221(a)(1) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105 85; 50
U.S.C. 1541(a)(1)), which sets forth a goal of obtaining from any such
host nation financial contributions that amount to 75 percent of the
nonpersonnel costs incurred by the United States Government for
stationing United States military personnel in that nation.
SUBTITLE C--REPORTS
SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF
MILITARY HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE PEOPLE'S REPUBLIC OF
CHINA.
Section 1202 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 781; 10 U.S.C. 113 note) is
amended by adding at the end the following new subsection:
``(d) Report on Significant Sales and Transfers to China.--(1) The
report to be submitted under this section not later than March 1, 2002,
shall include in a separate section a report describing any significant
sale or transfer of military hardware, expertise, and technology to the
People's Republic of China. The report shall set forth the history of
such sales and transfers since 1995, forecast possible future sales and
transfers, and address the implications of those sales and transfers for
the security of the United States and its friends and allies in Asia.
``(2) The report shall include analysis and forecasts of the
following matters related to military cooperation between selling states
and the People's Republic of China:
``(A) The extent in each selling state of government knowledge,
cooperation, or condoning of sales or transfers of military hardware,
expertise, or technology to the People's Republic of China.
``(B) An itemization of significant sales and transfers of military
hardware, expertise, or technology from each selling state to the
People's Republic of China that have taken place since 1995, with a
particular focus on command, control, communications, and intelligence
systems.
``(C) Significant assistance by any selling state to key research
and development programs of China, including programs for development of
weapons of mass destruction and delivery vehicles for such weapons,
programs for development of advanced conventional weapons, and programs
for development of unconventional weapons.
``(D) The extent to which arms sales by any selling state to the
People's Republic of China are a source of funds for military research
and development or procurement programs in the selling state.
``(3) The report under paragraph (1) shall include, with respect to
each area of analysis and forecasts specified in paragraph (2)--
``(A) an assessment of the military effects of such sales or
transfers to entities in the People's Republic of China;
``(B) an assessment of the ability of the People's Liberation Army
to assimilate such sales or transfers, mass produce new equipment, or
develop doctrine for use; and
``(C) the potential threat of developments related to such effects
on the security interests of the United States and its friends and
allies in Asia.''.
SEC. 1222. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS ON
MILITARY DEPLOYMENTS TO HAITI.
Section 1232(b) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 788; 50 U.S.C. 1541 note) is
repealed.
SEC. 1223. REPORT BY COMPTROLLER GENERAL ON PROVISION OF
DEFENSE ARTICLES, SERVICES, AND MILITARY EDUCATION AND TRAINING TO
FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS.
(a) Study.--The Comptroller General shall conduct a study of the
following:
(1) The benefits derived by each foreign country or international
organization from the receipt of defense articles, defense services, or
military education and training provided after December 31, 1989,
pursuant to the drawdown of such articles, services, or education and
training from the stocks of the Department of Defense under section 506,
516, or 552 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318,
2321j, or 2348a) or any other provision of law.
(2) Any benefits derived by the United States from the provision of
defense articles, defense services, and military education and training
described in paragraph (1).
(3) The effect on the readiness of the Armed Forces as a result of
the provision by the United States of defense articles, defense
services, and military education and training described in paragraph
(1).
(4) The cost to the Department of Defense with respect to the
provision of defense articles, defense services, and military education
and training described in paragraph (1).
(b) Reports.--(1) Not later than April 15, 2002, the Comptroller
General shall submit to Congress an interim report containing the
results to that date of the study conducted under subsection (a).
(2) Not later than August 1, 2002, the Comptroller General shall
submit to Congress a final report containing the results of the study
conducted under subsection (a).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs
and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds until submission of reports.
Sec. 1304. Requirement to consider use of revenue generated by
activities carried out under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of
fissile material storage facility.
Sec. 1306. Prohibition against use of funds for certain
construction activities.
Sec. 1307. Reports on activities and assistance under Cooperative
Threat Reduction programs.
Sec. 1308. Chemical weapons destruction.
Sec. 1309. Additional matter in annual report on activities and
assistance under Cooperative Threat Reduction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2002 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2002 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $403,000,000 authorized to
be appropriated to the Department of Defense for fiscal year 2002 in
section 301(23) for Cooperative Threat Reduction programs, not more than
the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia, $133,405,000.
(2) For strategic nuclear arms elimination in Ukraine, $51,500,000.
(3) For nuclear weapons transportation security in Russia, $9,500,000.
(4) For nuclear weapons storage security in Russia, $56,000,000.
(5) For biological weapons proliferation prevention activities in
the former Soviet Union, $17,000,000.
(6) For activities designated as Other Assessments/Administrative
Support, $13,221,000.
(7) For defense and military contacts, $18,650,000.
(8) For chemical weapons destruction in Russia, $50,000,000.
(9) For weapons of mass destruction infrastructure elimination
activities in Kazakhstan, $6,000,000.
(10) For weapons of mass destruction infrastructure elimination
activities in Ukraine, $6,024,000.
(11) For activities to assist Russia in the elimination of plutonium
production reactors, $41,700,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2002 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (11) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2002 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2002 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the amount specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount authorized
for such purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the intent to
do so together with a complete discussion of the justification for doing
so; and
(B) 15 days have elapsed following the date of the notification.
(3) The Secretary may not, under the authority provided in paragraph
(1), obligate amounts for the purposes stated in paragraph (6), (7), or
(11) of subsection (a) in excess of 115 percent of the amount
specifically authorized for such purposes.
(d) Modification of Authority To Vary Individual Amounts of FY 2001
Funds.--Section 1302(c)(3) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 340) is amended by striking ``(4),''.
SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORTS.
Not more than 50 percent of fiscal year 2002 Cooperative Threat
Reduction funds may be obligated or expended until 30 days after the
date of the submission of--
(1) the report required to be submitted in fiscal year 2001 under
section 1308(a) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 341); and
(2) the multiyear plan required to be submitted for fiscal year 2001
under section 1308(h) of such Act.
SEC. 1304. REQUIREMENT TO CONSIDER USE OF REVENUE GENERATED BY
ACTIVITIES CARRIED OUT UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
The Secretary of Defense shall consider the use of revenue generated
by activities carried out under Cooperative Threat Reduction programs in
negotiating and executing contracts with Russia to carry out such
programs.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF
FISSILE MATERIAL STORAGE FACILITY.
(a) Prohibition.--No fiscal year 2002 Cooperative Threat Reduction
funds and no funds authorized to be appropriated for Cooperative Threat
Reduction programs for any prior fiscal year may be used for the
construction of a second wing for a storage facility for Russian fissile
material.
(b) Conforming Amendment.--Section 1304 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106 398; 114 Stat. 1654A 341) is amended to read as
follows:
``SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL
STORAGE FACILITY.
``Out of funds authorized to be appropriated for Cooperative Threat
Reduction programs for fiscal year 2001 or any other fiscal year, not
more than $412,600,000 may be used for planning, design, or construction
of the first wing for the storage facility for Russian fissile material
referred to in section 1302(a)(5) other than planning, design, or
construction to improve security at such first wing.''.
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN
CONSTRUCTION ACTIVITIES.
No fiscal year 2002 Cooperative Threat Reduction funds may be used
for construction activities carried out under Russia's program to
eliminate the production of weapons grade plutonium.
SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER
COOPERATIVE THREAT REDUCTION PROGRAMS.
Section 1308(c)(4) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 342) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``audits'' and all that follows through
``conducted'' and inserting ``means (including program management,
audits, examinations, and other means) used''; and
(B) by striking ``and that such assistance is being used for its
intended purpose'' and inserting ``, that such assistance is being used
for its intended purpose, and that such assistance is being used
efficiently and effectively'';
(2) in subparagraph (C), by inserting ``and an assessment of whether
the assistance being provided is being used effectively and
efficiently'' before the semicolon; and
(3) in subparagraph (D), by striking ``audits, examinations, and
other''.
SEC. 1308. CHEMICAL WEAPONS DESTRUCTION.
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 by inserting before the period at the end the following: ``until
the Secretary of Defense submits to Congress a certification that there
has been--
``(1) information provided by Russia, that the United States
assesses to be full and accurate, regarding the size of the chemical
weapons stockpile of Russia;
``(2) a demonstrated annual commitment by Russia to allocate at
least $25,000,000 to chemical weapons elimination;
``(3) development by Russia of a practical plan for destroying its
stockpile of nerve agents;
``(4) enactment of a law by Russia that provides for the elimination
of all nerve agents at a single site;
``(5) an agreement by Russia to destroy or convert its chemical
weapons production facilities at Volgograd and Novocheboksark; and
``(6) a demonstrated commitment from the international community to
fund and build infrastructure needed to support and operate the
facility.''.
SEC. 1309. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES
AND ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
Section 1308(c) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106 398; 114
Stat. 1654A 341) (as amended by section 1308) is further amended by
adding at the end of the following new paragraph:
``(6) A description of the amount of the financial commitment from
the international community, and from Russia, for the chemical weapons
destruction facility located at Shchuch'ye, Russia, for the fiscal year
beginning in the year in which the report is submitted.''.
TITLE XIV--ARMED FORCES RETIREMENT HOME
Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1402. Definitions.
Sec. 1403. Revision of authority establishing the Armed Forces
Retirement Home.
Sec. 1404. Chief Operating Officer.
Sec. 1405. Residents of Retirement Home.
Sec. 1406. Local Boards of Trustees.
Sec. 1407. Directors, Deputy Directors, Associate Directors, and
staff of facilities.
Sec. 1408. Disposition of effects of deceased persons and
unclaimed property.
Sec. 1409. Transitional provisions.
Sec. 1410. Conforming and clerical amendments and repeals of
obsolete provisions.
SEC. 1401. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT OF 1991.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Armed
Forces Retirement Home Act of 1991 (title XV of Public Law 101 510; 24
U.S.C. 401 et seq.).
SEC. 1402. DEFINITIONS.
Section 1502 (24 U.S.C. 401) is amended--
(1) by striking paragraphs (1), (2), (3), (4), and (5), and
inserting the following new paragraphs:
``(1) The term `Retirement Home' includes the institutions
established under section 1511, as follows:
``(A) The Armed Forces Retirement Home--Washington.
``(B) The Armed Forces Retirement Home--Gulfport.
``(2) The term `Local Board' means a Local Board of Trustees
established under section 1516.
``(3) The terms `Armed Forces Retirement Home Trust Fund' and `Fund'
mean the Armed Forces Retirement Home Trust Fund established under
section 1519(a).'';
(2) by redesignating paragraphs (6), (7), and (8) as paragraphs (4),
(5), and (6), respectively; and
(3) in paragraph (5), as so redesignated--
(A) in subparagraph (C), by striking ``, Manpower and Personnel''
and inserting ``for Personnel''; and
(B) in subparagraph (D), by striking ``with responsibility for
personnel matters'' and inserting ``for Manpower and Reserve Affairs''.
SEC. 1403. REVISION OF AUTHORITY ESTABLISHING THE ARMED FORCES
RETIREMENT HOME.
Section 1511 (24 U.S.C. 411) is amended to read as follows:
``SEC. 1511. ESTABLISHMENT OF THE ARMED FORCES RETIREMENT HOME.
``(a) Independent Establishment.--The Armed Forces Retirement Home is
an independent establishment in the executive branch.
``(b) Purpose.--The purpose of the Retirement Home is to provide,
through the Armed Forces Retirement Home--Washington and the Armed
Forces Retirement Home--Gulfport, residences and related services for
certain retired and former members of the Armed Forces.
``(c) Facilities.--(1) Each facility of the Retirement Home referred
to in paragraph (2) is a separate establishment of the Retirement Home.
``(2) The United States Soldiers' and Airmen's Home is hereby
redesignated as the Armed Forces Retirement Home--Washington. The Naval
Home is hereby redesignated as the Armed Forces Retirement
Home--Gulfport.
``(d) Operation.--(1) The Chief Operating Officer of the Armed Forces
Retirement Home is the head of the Retirement Home. The Chief Operating
Officer is subject to the authority, direction, and control of the
Secretary of Defense.
``(2) Each facility of the Retirement Home shall be maintained as a
separate establishment of the Retirement Home for administrative
purposes and shall be under the authority, direction, and control of the
Director of that facility. The Director of each facility of the
Retirement Home is subject to the authority, direction, and control of
the Chief Operating Officer.
``(e) Property and Facilities.--(1) The Retirement Home shall include
such property and facilities as may be acquired under paragraph (2) or
accepted under section 1515(f) for inclusion in the Retirement Home.
``(2) The Secretary of Defense may acquire, for the benefit of the
Retirement Home, property and facilities for inclusion in the Retirement
Home.
``(3) The Secretary of Defense may dispose of any property of the
Retirement Home, by sale, lease, or otherwise, that the Secretary
determines is excess to the needs of the Retirement Home. The proceeds
from such a disposal of property shall be deposited in the Armed Forces
Retirement Home Trust Fund. No such disposal of real property shall be
effective earlier than 120 days after the date on which the Secretary
transmits a notification of the proposed disposal to the Committees on
Armed Services of the Senate and the House of Representatives.
``(f) Department of Defense Support.--The Secretary of Defense may
make available from the Department of Defense to the Retirement Home, on
a nonreimbursable basis, administrative support and office services,
legal and policy planning assistance, access to investigative facilities
of the Inspector General of the Department of Defense and of the
military departments, and any other support necessary to enable the
Retirement Home to carry out its functions under this title.
``(g) Accreditation.--The Chief Operating Officer shall endeavor to
secure for each facility of the Retirement Home accreditation by a
nationally recognized civilian accrediting organization, such as the
Continuing Care Accreditation Commission and the Joint Commission for
Accreditation of Health Organizations.
``(h) Annual Report.--The Secretary of Defense shall transmit to
Congress an annual report on the financial and other affairs of the
Retirement Home for each fiscal year.''.
SEC. 1404. CHIEF OPERATING OFFICER.
(a) Establishment and Authority of Position.--Section 1515 (24 U.S.C.
415) is amended to read as follows:
``SEC. 1515. CHIEF OPERATING OFFICER.
``(a) Appointment.--(1) The Secretary of Defense shall appoint the
Chief Operating Officer of the Retirement Home.
``(2) The Chief Operating Officer shall serve at the pleasure of the
Secretary of Defense.
``(3) The Secretary of Defense shall evaluate the performance of the
Chief Operating Officer at least once each year.
``(b) Qualifications.--To qualify for appointment as the Chief
Operating Officer, a person shall--
``(1) be a continuing care retirement community professional;
``(2) have appropriate leadership and management skills; and
``(3) have experience and expertise in the operation and management
of retirement homes and in the provision of long-term medical care for
older persons.
``(c) Responsibilities.--(1) The Chief Operating Officer shall be
responsible to the Secretary of Defense for the overall direction,
operation, and management of the Retirement Home and shall report to the
Secretary on those matters.
``(2) The Chief Operating Officer shall supervise the operation and
administration of the Armed Forces Retirement Home--Washington and the
Armed Forces Retirement Home--Gulfport, including the Local Boards of
those facilities.
``(3) The Chief Operating Officer shall perform the following duties:
``(A) Issue, and ensure compliance with, appropriate rules for the
operation of the Retirement Home.
``(B) Periodically visit, and inspect the operation of, the
facilities of the Retirement Home.
``(C) Periodically examine and audit the accounts of the Retirement
Home.
``(D) Establish any advisory body or bodies that the Chief Operating
Officer considers to be necessary.
``(d) Compensation.--(1) The Secretary of Defense may prescribe the
pay of the Chief Operating Officer, except that the annual rate of basic
pay, including locality pay, of the Chief Operating Officer may not
exceed the annual rate of basic pay payable for level III of the
Executive Schedule under section 5314 of title 5, United States Code.
``(2) In addition to basic pay and any locality pay prescribed for
the Chief Operating Officer, the Secretary may award the Chief Operating
Officer, not more than once each year, a bonus based on the performance
of the Chief Operating Officer for the year. The Secretary shall
prescribe the amount of any such bonus.
``(3) The total amount of the basic pay and bonus paid the Chief
Operating Officer for a year under this section may not exceed the
annual rate of basic pay payable for level I of the Executive Schedule
under section 5312 of title 5, United States Code.
``(e) Administrative Staff.--(1) The Chief Operating Officer may,
subject to the approval of the Secretary of Defense, appoint a staff to
assist in the performance of the Chief Operating Officer's duties in the
overall administration of the Retirement Home.
``(2) The Chief Operating Officer shall prescribe the rates of pay
applicable to the members of the staff appointed under paragraph (1),
except that--
``(A) a staff member who is a member of the Armed Forces on active
duty or who is a full-time officer or employee of the United States may
not receive additional pay by reason of service on the administrative
staff; and
``(B) the limitations in section 5373 of title 5, United States
Code, relating to pay set by administrative action, shall apply to the
rates of pay prescribed under this paragraph.
``(f) Acceptance of Gifts.--(1) The Chief Operating Officer may
accept gifts of money, property, and facilities on behalf of the
Retirement Home.
``(2) Monies received as gifts, or realized from the disposition of
property and facilities received as gifts, shall be deposited in the
Armed Forces Retirement Home Trust Fund.''.
(b) Transfer of Authorities.--(1) The following provisions are
amended by striking ``Retirement Home Board'' each place it appears and
inserting ``Chief Operating Officer'':
(A) Section 1512 (24 U.S.C. 412), relating to eligibility and
acceptance for residence in the Armed Forces Retirement Home.
(B) Section 1513(a) (24 U.S.C. 412(a)), relating to services
provided to residents of the Armed Forces Retirement Home.
(C) Section 1518(c) (24 U.S.C. 418(c)), relating to inspection of
the Armed Forces Retirement Home.
(2) Section 1519(c) (24 U.S.C. 419(c)), relating to authority to
invest funds in the Armed Forces Retirement Home Trust Fund, is amended
by striking ``Director'' and inserting ``Chief Operating Officer''.
(3) Section 1521(a) (24 U.S.C. 421(a)), relating to payment of
residents for services, is amended by striking ``Chairman of the Armed
Forces Retirement Board'' and inserting ``Chief Operating Officer''.
(4) Section 1522 (24 U.S.C. 422), relating to authority to accept
certain uncompensated services, is amended--
(A) in subsection (a)--
(i) by striking ``Chairman of the Retirement Home Board or the
Director of each establishment'' and inserting ``Chief Operating Officer
or the Director of a facility''; and
(ii) by striking ``unless'' and all that follows through
``Retirement Home Board'';
(B) in subsection (b)(1)--
(i) by striking ``Chairman of the Retirement Home Board or the
Director of the establishment'' and inserting ``Chief Operating Officer
or the Director of a facility''; and
(ii) by inserting ``offering the services'' after ``notify the
person'';
(C) in subsection (b)(2), by striking ``Chairman'' and inserting
``Chief Operating Officer'';
(D) in subsection (c), by striking ``Chairman of the Retirement Home
Board or the Director of an establishment'' and inserting ``Chief
Operating Officer or the Director of a facility''; and
(E) in subsection (e)--
(i) by striking ``Chairman of the Retirement Board or the Director
of the establishment'' in the first sentence and inserting ``Chief
Operating Officer or the Director of a facility''; and
(ii) by striking ``Chairman'' in the second sentence and inserting
``Chief Operating Officer''.
(5) Section 1523(b) (24 U.S.C. 423(b)), relating to preservation of
historic buildings and grounds at the Armed Forces Retirement
Home--Washington, is amended by striking ``Chairman of the Retirement
Home Board'' and inserting ``Chief Operating Officer''.
SEC. 1405. RESIDENTS OF RETIREMENT HOME.
(a) Repeal of Requirement of Resident To Reapply After Substantial
Absence.--Subsection (e) of section 1512 (24 U.S.C. 412) is repealed.
(b) Fees Paid by Residents.--Section 1514 (24 U.S.C. 414) is amended
to read as follows:
``SEC. 1514. FEES PAID BY RESIDENTS.
``(a) Monthly Fees.--The Director of each facility of the Retirement
Home shall collect a monthly fee from each resident of that facility.
``(b) Deposit of Fees.--The Directors shall deposit fees collected
under subsection (a) in the Armed Forces Retirement Home Trust Fund.
``(c) Fixing Fees.--(1) The Chief Operating Officer, with the
approval of the Secretary of Defense, shall from time to time prescribe
the fees required by subsection (a). Changes to such fees shall be based
on the financial needs of the Retirement Home and the ability of the
residents to pay. A change of a fee may not take effect until 120 days
after the Secretary of Defense transmits a notification of the change to
the Committees on Armed Services of the Senate and the House of
Representatives.
``(2) The fee shall be fixed as a percentage of the monthly income
and monthly payments (including Federal payments) received by a
resident. The percentage shall be the same for each facility of the
Retirement Home. The Secretary of Defense may make any adjustment in a
percentage that the Secretary determines appropriate.
``(3) The fee shall be subject to a limitation on maximum monthly
amount. The amount of the limitation shall be increased, effective on
January 1 of each year, by the percentage of the increase in retired pay
and retainer pay that takes effect on the preceding December 1 under
subsection (b) of section 1401a of title 10, United States Code, without
regard to paragraph (3) of such subsection. The first increase in a
limitation on maximum monthly amount shall take effect on January 1,
2003.
``(d) Transitional Fee Structures.--(1) Until different fees are
prescribed and take effect under subsection (c), the percentages and
limitations on maximum monthly amount that are applicable to fees
charged residents of the Retirement Home are (subject to any adjustment
that the Secretary of Defense determines appropriate) as follows:
``(A) For months beginning before January 1, 2002--
``(i) for a permanent health care resident, 65 percent (without
limitation on maximum monthly amount); and
``(ii) for a resident who is not a permanent health care resident,
40 percent (without limitation on maximum monthly amount).
``(B) For months beginning after December 31, 2001--
``(i) for an independent living resident, 35 percent, but not to
exceed $1,000 each month;
``(ii) for an assisted living resident, 40 percent, but not to
exceed $1,500 each month; and
``(iii) for a long-term care resident, 65 percent, but not to exceed
$2,500 each month.
``(2) Notwithstanding the limitations on maximum monthly amount
prescribed under subsection (c) or set forth in paragraph (1)(B), until
the earlier of December 31, 2006, or the date on which an independent
living resident or assisted living resident of the Armed Forces
Retirement Home--Gulfport occupies a renovated room at that facility, as
determined by the Secretary of Defense, the limitation on maximum
monthly amount applicable to the resident for months beginning after
December 31, 2001, shall be--
``(A) in the case of an independent living resident, $800; and
``(B) in the case of an assisted living resident, $1,300.
SEC. 1406. LOCAL BOARDS OF TRUSTEES.
Section 1516 (24 U.S.C. 416) is amended to read as follows:
``SEC. 1516. LOCAL BOARDS OF TRUSTEES.
``(a) Establishment.--Each facility of the Retirement Home shall have
a Local Board of Trustees.
``(b) Duties.--The Local Board for a facility shall serve in an
advisory capacity to the Director of the facility and to the Chief
Operating Officer.
``(c) Composition.--(1) The Local Board for a facility shall consist
of at least 11 members who (except as otherwise specifically provided)
shall be appointed by the Secretary of Defense in consultation with each
of the Secretaries of the military departments concerned. At least one
member of the Local Board shall have a perspective that is oriented
toward the Retirement Home overall. The Local Board for a facility shall
consist of the following members:
``(A) One member who is a civilian expert in nursing home or
retirement home administration and financing from the geographical area
of the facility.
``(B) One member who is a civilian expert in gerontology from the
geographical area of the facility.
``(C) One member who is a service expert in financial management.
``(D) One representative of the Department of Veterans Affairs
regional office nearest in proximity to the facility, who shall be
designated by the Secretary of Veterans Affairs.
``(E) One representative of the resident advisory committee or
council of the facility.
``(F) One enlisted representative of the Services' Retiree Advisory
Council.
``(G) The senior noncommissioned officer of one of the Armed Forces.
``(H) One senior representative of the military hospital nearest in
proximity to the facility.
``(I) One senior judge advocate from one of the Armed Forces.
``(J) The Director of the facility, who shall be a nonvoting member.
``(K) One senior representative of one of the chief personnel
officers of the Armed Forces.
``(L) Other members designated by the Secretary of Defense (if the
Local Board is to have more than 11 members).
``(2) The Secretary of Defense shall designate one member of a Local
Board to serve as the chairman of the Local Board at the pleasure of the
Secretary of Defense.
``(d) Terms.--(1) Except as provided in subsections (e), (f), and
(g), the term of office of a member of a Local Board shall be five
years.
``(2) Unless earlier terminated by the Secretary of Defense, a person
may continue to serve as a member of the Local Board after the
expiration of the member's term until a successor is appointed or
designated, as the case may be.
``(e) Early Expiration of Term.--A member of a Local Board who is a
member of the Armed Forces or an employee of the United States serves as
a member of the Local Board only for as long as the member is assigned
to or serving in a position for which the duties include the duty to
serve as a member of the Local Board.
``(f) Vacancies.--(1) A vacancy in the membership of a Local Board
shall be filled in the manner in which the original appointment or
designation was made, as the case may be.
``(2) A member appointed or designated to fill a vacancy occurring
before the end of the term of the predecessor of the member shall be
appointed or designated, as the case may be, for the remainder of the
term for which the predecessor was appointed.
``(3) A vacancy in a Local Board shall not affect its authority to
perform its duties.
``(g) Early Termination.--The Secretary of Defense may terminate the
appointment of a member of a Local Board before the expiration of the
member's term for any reason that the Secretary determines appropriate.
``(h) Compensation.--(1) Except as provided in paragraph (2), a
member of a Local Board shall--
``(A) be provided a stipend consistent with the daily government
consultant fee for each day on which the member is engaged in the
performance of services for the Local Board; and
``(B) while away from home or regular place of business in the
performance of services for the Local Board, be allowed travel expenses
(including per diem in lieu of subsistence) in the same manner as a
person employed intermittently in Government under sections 5701 through
5707 of title 5, United States Code.
``(2) A member of a Local Board who is a member of the Armed Forces
on active duty or a full-time officer or employee of the United States
shall receive no additional pay by reason of serving a member of a Local
Board.''.
SEC. 1407. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS,
AND STAFF OF FACILITIES.
Section 1517 (24 U.S.C. 417) is amended to read as follows:
``SEC. 1517. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS,
AND STAFF OF FACILITIES.
``(a) Appointment.--The Secretary of Defense shall appoint a
Director, a Deputy Director, and an Associate Director for each facility
of the Retirement Home.
``(b) Director.--The Director of a facility shall--
``(1) be a civilian with experience as a continuing care retirement
community professional or a member of the Armed Forces serving on active
duty in a grade below brigadier general or, in the case of the Navy,
rear admiral (lower half);
``(2) have appropriate leadership and management skills; and
``(3) be required to pursue a course of study to receive
certification as a retirement facilities director by an appropriate
civilian certifying organization, if the Director is not so certified at
the time of appointment.
``(c) Duties of Director.--(1) The Director of a facility shall be
responsible for the day-to-day operation of the facility, including the
acceptance of applicants to be residents of that facility.
``(2) The Director of a facility shall keep accurate and complete
records of the facility.
``(d) Deputy Director.--(1) The Deputy Director of a facility shall--
``(A) be a civilian with experience as a continuing care retirement
community professional or a member of the Armed Forces serving on active
duty in a grade below colonel or, in the case of the Navy, captain; and
``(B) have appropriate leadership and management skills.
``(2) The Deputy Director of a facility shall serve at the pleasure
of the Secretary of Defense.
``(e) Duties of Deputy Director.--The Deputy Director of a facility
shall, under the authority, direction, and control of the Director of
the facility, perform such duties as the Director may assign.
``(f) Associate Director.--(1) The Associate Director of a facility
shall--
``(A) be a member of the Armed Forces serving on active duty in the
grade of Sergeant Major, Master Chief Petty Officer, or Chief Master
Sergeant or a member or former member retired in that grade; and
``(B) have appropriate leadership and management skills.
``(2) The Associate Director of a facility shall serve at the
pleasure of the Secretary of Defense.
``(g) Duties of Associate Director.--The Associate Director of a
facility shall, under the authority, direction, and control of the
Director and Deputy Director of the facility, serve as ombudsman for the
residents and perform such other duties as the Director may assign.
``(h) Staff.--(1) The Director of a facility may, subject to the
approval of the Chief Operating Officer, appoint and prescribe the pay
of such principal staff as the Director considers appropriate to assist
the Director in operating the facility.
``(2) The principal staff of a facility shall include persons with
experience and expertise in the operation and management of retirement
homes and in the provision of long-term medical care for older persons.
``(i) Annual Evaluation of Directors.--(1) The Chief Operating
Officer shall evaluate the performance of each of the Directors of the
facilities of the Retirement Home each year.
``(2) The Chief Operating Officer shall submit to the Secretary of
Defense any recommendations regarding a Director that the Chief
Operating Officer determines appropriate taking into consideration the
annual evaluation.''.
SEC. 1408. DISPOSITION OF EFFECTS OF DECEASED PERSONS AND
UNCLAIMED PROPERTY.
(a) Legal Representation for Retirement Home.--Subsection (b)(2)(A)
of section 1520 (24 U.S.C. 420) is amended by inserting ``who is a
full-time officer or employee of the United States or a member of the
Armed Forces on active duty'' after ``may designate an attorney''.
(b) Correction of Reference.--Subsection (b)(1)(B) of such section is
amended by inserting ``Armed Forces'' before ``Retirement Home Trust
Fund''.
SEC. 1409. TRANSITIONAL PROVISIONS.
Part B is amended by striking sections 1531, 1532, and 1533 and
inserting the following new sections:
``SEC. 1531. TEMPORARY CONTINUATION OF ARMED FORCES RETIREMENT
HOME BOARD.
``Until the Secretary of Defense appoints the first Chief Operating
Officer after the enactment of the National Defense Authorization Act
for Fiscal Year 2002, the Armed Forces Retirement Home Board, as
constituted on the day before the date of the enactment of that Act,
shall continue to serve and shall perform the duties of the Chief
Operating Officer.
``SEC. 1532. DIRECTORS OF FACILITIES.
``(a) Active Duty Officers.--During the three-year period beginning
on the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2002, the Directors and Deputy Directors of the
facilities shall be members of the Armed Forces serving on active duty,
notwithstanding the authority in subsections (b) and (d) of section 1517
for the Directors and Deputy Directors to be civilians.
``(b) Temporary Continuation of Director of the Armed Forces
Retirement Home--Washington.--The person serving as the Director of the
Armed Forces Retirement Home--Washington on the day before the enactment
of the National Defense Authorization Act for Fiscal Year 2002 may
continue to serve as the Director of that facility until April 2, 2002.
``SEC. 1533. TEMPORARY CONTINUATION OF INCUMBENT DEPUTY DIRECTORS.
``A person serving as the Deputy Director of a facility of the
Retirement Home on the day before the enactment of the National Defense
Authorization Act for Fiscal Year 2002 may continue to serve, at the
pleasure of the Secretary of Defense, as the Deputy Director until the
date on which a Deputy Director is appointed for that facility under
section 1517, except that the service in that position may not continue
under this section after December 31, 2004.''.
SEC. 1410. CONFORMING AND CLERICAL AMENDMENTS AND REPEALS OF
OBSOLETE PROVISIONS.
(a) Conforming Amendments.--(1) Section 1513(b) (24 U.S.C. 413(b)),
relating to services provided to residents of the Armed Forces
Retirement Home, is amended by striking ``maintained as a separate
establishment'' in the second sentence.
(2) The heading for section 1519 (24 U.S.C. 419) is amended to read
as follows:
``SEC. 1519. ARMED FORCES RETIREMENT HOME TRUST FUND.''.
(3) Section 1520 (24 U.S.C. 420), relating to disposition of effects
of deceased persons and unclaimed property, is amended--
(A) in subsection (a), by striking ``each facility that is
maintained as a separate establishment'' and inserting ``a facility'';
(B) in subsection (b)(2)(A), by striking ``maintained as a separate
establishment''; and
(C) in subsection (e), by striking ``Directors'' and inserting
``Director of the facility''.
(4)(A) Section 1523 (24 U.S.C. 423), relating to preservation of
historic buildings and grounds at the Armed Forces Retirement
Home--Washington, is amended by striking ``United States Soldiers' and
Airmen's Home'' each place it appears and inserting ``Armed Forces
Retirement Home--Washington''.
(B) The heading for such section is amended to read as follows:
``SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT
THE ARMED FORCES RETIREMENT HOME--WASHINGTON.''.
(5) Section 1524 (24 U.S.C. 424), relating to conditional supervisory
control of the Retirement Home Board, is repealed.
(b) Repeal of Obsolete Provisions.--The following provisions are
repealed:
(1) Section 1512(f) (24 U.S.C. 412(f)), relating to the
applicability of certain eligibility requirements.
(2) Section 1519(d) (24 U.S.C. 419(d)), relating to transitional
accounts in the Armed Forces Retirement Home Trust Fund.
(3) Part C, relating to effective date and authorization of
appropriations.
(c) Addition of Table of Contents.--Section 1501 (24 U.S.C. 401 note)
is amended--
(1) by inserting ``(a) Short Title.--'' before ``This title''; and
(2) by adding at the end the following new subsection:
``(b) Table of Contents.--The table of contents for this title is as
follows:
``Sec. 1501. Short title; table of contents.
``Sec. 1502. Definitions.
``PART A--ESTABLISHMENT AND OPERATION OF RETIREMENT HOME
``Sec. 1511. Establishment of the Armed Forces Retirement Home.
``Sec. 1512. Residents of Retirement Home.
``Sec. 1513. Services provided residents.
``Sec. 1514. Fees paid by residents.
``Sec. 1515. Chief Operating Officer.
``Sec. 1516. Local Boards of Trustees.
``Sec. 1517. Directors, Deputy Directors, Associate Directors, and
staff of facilities.
``Sec. 1518. Inspection of Retirement Home.
``Sec. 1519. Armed Forces Retirement Home Trust Fund.
``Sec. 1520. Disposition of effects of deceased persons; unclaimed
property.
``Sec. 1521. Payment of residents for services.
``Sec. 1522. Authority to accept certain uncompensated services.
``Sec. 1523. Preservation of historic buildings and grounds at the
Armed Forces Retirement Home--Washington.
``PART B--TRANSITIONAL PROVISIONS
``Sec. 1531. Temporary Continuation of Armed Forces Retirement
Home Board.
``Sec. 1532. Directors of Facilities.
``Sec. 1533. Temporary Continuation of Incumbent Deputy Directors.''.
TITLE XV--ACTIVITIES RELATING TO COMBATING TERRORISM
SUBTITLE A--INCREASED FUNDING FOR COMBATING TERRORISM
Sec. 1501. Definitions.
Sec. 1502. Authorization of emergency appropriations for fiscal
year 2001 made by Public Law 107 38 and allocated for national defense
functions.
Sec. 1503. Authorization of emergency supplemental appropriations
for fiscal year 2002.
Sec. 1504. Authorization of use of funds for military construction
projects.
Sec. 1505. Treatment of transferred amounts.
Sec. 1506. Quarterly reports.
SUBTITLE B--POLICY MATTERS RELATING TO COMBATING TERRORISM
Sec. 1511. Study and report on the role of the Department of
Defense with respect to homeland security.
Sec. 1512. Combating Terrorism Readiness Initiatives Fund for
combatant commands.
Sec. 1513. Conveyances of equipment and related materials loaned
to State and local governments as assistance for emergency response to a
use or threatened use of a weapon of mass destruction.
Sec. 1514. Two-year extension of advisory panel to assess domestic
response capabilities for terrorism involving weapons of mass
destruction.
Subtitle A--Increased Funding for Combating Terrorism
SEC. 1501. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``ETR Supplemental Appropriations Act, 2001'' means the
2001 Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law 107 38).
(2) The term ``Emergency Supplemental Appropriations Act, 2002''
means an Act (or a portion of an Act) making available for obligation
emergency appropriations that were provided, subject to enactment in a
subsequent appropriation Act, in the ETR Supplemental Appropriations
Act, 2001.
SEC. 1502. AUTHORIZATION OF EMERGENCY APPROPRIATIONS FOR
FISCAL YEAR 2001 MADE BY PUBLIC LAW 107 38 AND ALLOCATED FOR NATIONAL
DEFENSE FUNCTIONS.
(a) Adjustment in Authorization Amounts.--(1) Subject to paragraph
(2), amounts authorized to be appropriated for fiscal year 2001 in the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106 398) are hereby increased, with
respect to any such authorized amount, by the amount (if any) by which
appropriations pursuant to such authorization are increased by amounts
appropriated in the ETR Supplemental Appropriations Act, 2001, and
transferred by the President (before the date of the enactment of this
Act) to the Department of Defense or the National Nuclear Security
Administration and subsequently allocated to such appropriations.
(2) Authorization amounts may not be increased under paragraph (1) in
excess of amounts derived from allocation of the amounts specified in
subsection (b), for the Department of Defense, and in subsection (c),
for the National Nuclear Security Administration.
(b) Department of Defense.--Amounts referred to in subsection (a)(2)
for the Department of Defense are amounts for emergency expenses to
respond to the terrorist attacks on the United States that occurred on
September 11, 2001, allocated to the Department of Defense for fiscal
year 2001 for the use of the Armed Forces and other activities and
agencies of the Department of Defense, including the purposes stated in
section 1504, in the total amount of $13,741,000,000, as follows:
(1) Increased situational awareness.--For Increased Situational
Awareness, $4,272,000,000.
(2) Enhanced force protection.--For Enhanced Force Protection,
$1,509,000,000.
(3) Improved command and control.--For Improved Command and Control,
$1,403,000,000.
(4) Increased worldwide posture.--For Increased Worldwide Posture,
$3,603,000,000.
(5) Offensive counterterrorism.--For Offensive Counterterrorism,
$1,459,000,000.
(6) Initial crisis response.--For Initial Crisis Response,
$637,000,000.
(7) Pentagon repair and upgrade.--For Pentagon Repair and Upgrade
Activities, $530,000,000.
(8) Fuel costs.--For increased fuel costs, $100,000,000.
(9) Airport and border security.--For airport and border security,
$228,000,000.
(c) NNSA.--The amount referred to in subsection (a)(2) for the
National Nuclear Security Administration is the amount of $5,000,000 for
emergency expenses to respond to the terrorist attacks on the United
States that occurred on September 11, 2001, allocated for fiscal year
2001 atomic energy defense activities of the National Nuclear Security
Administration for weapons activities.
(d) Treatment as Additional Authorizations.--The amounts authorized
to be appropriated by this section are in addition to amounts otherwise
authorized to be appropriated by the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398) or any other Act, for fiscal year 2001 for the use of the
Armed Forces and other activities and agencies of the Department of
Defense and for the use of the National Nuclear Security Administration.
SEC. 1503. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2002.
(a) Department of Defense.--For emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United States, funds are
hereby authorized to be appropriated to the Defense Emergency Response
Fund for fiscal year 2002 for the use of the Armed Forces and other
activities and agencies of the Department of Defense, including the
purposes stated in section 1504, in the total amount of $7,349,000,000,
as follows:
(1) Increased situational awareness.--For Increased Situational
Awareness, $1,735,000,000.
(2) Enhanced force protection.--For Enhanced Force Protection,
$881,000,000.
(3) Improved command and control.--For Improved Command and Control,
$219,000,000.
(4) Increased worldwide posture.--For Increased Worldwide Posture,
$2,938,000,000.
(5) Offensive counterterrorism.--For Offensive Counterterrorism,
$545,000,000.
(6) Initial crisis response.--For Initial Crisis Response,
$106,000,000.
(7) Pentagon repair and upgrade.--For Pentagon Repair and Upgrade
Activities, $925,000,000.
(b) NNSA.--For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States and for other expenses to
increase the security of the Nation's nuclear weapons complex, funds are
hereby authorized to be appropriated for fiscal year 2002 for the atomic
energy defense activities of the National Nuclear Security
Administration in the amount of $106,000,000, to be available for
weapons activities.
(c) Department of Energy.--For emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United States, funds are
hereby authorized to be appropriated for fiscal year 2002 to the
Department of Energy in the total amount of $11,700,000, as follows:
(1) For Defense Environmental Restoration and Waste Management,
$8,200,000.
(2) For Other Defense Activities, $3,500,000.
(d) Transfer of Defense Funds.--In order to carry out the specified
purposes in subsection (a), the Secretary of Defense may transfer
amounts authorized by subsection (a) from the Defense Emergency Response
Fund to any other defense appropriations account, including the account
``Support for International Sporting Events, Defense'' and any military
construction account as provided in section 1504.
(e) Availability.--Amounts appropriated pursuant to authorizations in
this section may remain available until expended, if so provided in
appropriations Acts.
(f) Source of Funds.--Amounts appropriated pursuant to authorizations
in this section shall be derived from amounts provided, subject to
subsequent appropriation, in the ETR Supplemental Appropriations Act,
2001.
(g) Treatment as Additional Authorizations.--The amounts authorized
to be appropriated by this section are in addition to amounts otherwise
authorized to be appropriated, by the other provisions of this Act or by
any other Act, for fiscal year 2001 for the use of the Armed Forces and
other activities and agencies of the Department of Defense and for the
use of the National Nuclear Security Administration.
SEC. 1504. AUTHORIZATION OF USE OF FUNDS FOR MILITARY
CONSTRUCTION PROJECTS.
(a) Authority for Use of Funds.--Qualified emergency defense
appropriations may be used to acquire real property and carry out
military construction projects not otherwise authorized by law that the
Secretary of Defense determines are necessary to respond to or protect
against acts or threatened acts of terrorism or to respond to the
terrorist attacks on the United States that occurred on September 11,
2001.
(b) Project Authorization.--Any project with respect to which the
Secretary makes a determination under subsection (a) and that is to be
carried out using qualified emergency defense appropriations is hereby
authorized for purposes of section 2802 of title 10, United States Code.
(c) Qualified Emergency Defense Appropriations.--For purposes of this
subsection, the term ``qualified emergency defense appropriations''
means emergency appropriations available to the Department of Defense
that are authorized by section 1502 or 1503.
SEC. 1505. TREATMENT OF TRANSFERRED AMOUNTS.
Amounts transferred under authority of section 1502 or 1503 shall be
merged with, and shall be available for the same purposes and for the
same time period as, the accounts to which transferred. The transfer
authority under those sections is in addition to the transfer authority
provided by section 1001 or any other provision of law.
SEC. 1506. QUARTERLY REPORTS.
(a) Quarterly Report.--Promptly after the end of each quarter of a
fiscal year, the Secretary of Defense and the Director of Central
Intelligence shall each submit to the congressional defense committees a
report (in classified and unclassified form, as needed) on the use of
funds authorized by this subtitle. Each such report shall, at a minimum,
specify the following:
(1) Any balance of funds remaining in the Defense Emergency Response
Fund as of the end of the quarter covered by the report.
(2) The accounts to which funds have been transferred or are to be
transferred and the amount of each such transfer.
(3) Within such accounts, each project to which any such funds have
been transferred or are to be transferred and the amount of funds
obligated and the amount expended for each such project as of the end of
the quarter covered by the report.
(b) Initial Report.--The first report under subsection (a) shall be
submitted not later than January 2, 2002.
(c) Final Report.--No further report under subsection (a) is required
after all funds made available to the Department of Defense pursuant to
such Act have been obligated.
Subtitle B--Policy Matters Relating to Combating Terrorism
SEC. 1511. STUDY AND REPORT ON THE ROLE OF THE DEPARTMENT OF
DEFENSE WITH RESPECT TO HOMELAND SECURITY.
(a) Study Required.--The Secretary of Defense shall conduct a study
on the appropriate role of the Department of Defense with respect to
homeland security. The study shall identify and describe the policies,
plans, and procedures of the Department of Defense for combating
terrorism, including for the provision of support for the consequence
management activities of other Federal, State, and local agencies. The
study shall specifically identify the following:
(1) The strategy, roles, and responsibilities of the Department of
Defense for combating terrorism.
(2) How the Department of Defense will interact with the Office of
Homeland Security and how intelligence sharing efforts of the Department
of Defense will be organized relative to other Federal agencies and
departments and State and local governments.
(3) The ability of the Department of Defense to protect the United
States from airborne threats, including threats originating from within
the borders of the United States.
(4) Improvements that could be made to enhance the security of the
people of the United States against terrorist threats and recommended
actions (including legislative action) and programs to address and
overcome existing vulnerabilities.
(5) The policies, plans, and procedures relating to how the civilian
official in the Department of Defense responsible for combating
terrorism and the Joint Task Force Civil Support of the Joint Forces
Command will coordinate the performance of functions for combating
terrorism with--
(A) teams in the Department of Defense that have responsibilities
for responding to acts or threats of terrorism, including--
(i) weapons of mass destruction civil support teams when operating
as the National Guard under the command of the Governor of a State, the
Governor of Puerto Rico, or the Commanding General of the District of
Columbia National Guard;
(ii) weapons of mass destruction civil support teams when operating
as the Army National Guard of the United States or the Air National
Guard of the United States under the command of the President;
(iii) teams in the departments and agencies of the Federal
Government other than the Department of Defense that have
responsibilities for responding to acts or threats of terrorism;
(iv) organizations outside the Federal Government, including any
State, local and private entities, that function as first responders to
acts or threats of terrorism; and
(v) units and organizations of the Reserve Components of the Armed
Forces that have missions relating to combating terrorism;
(B) the Director of Military Support of the Department of the Army;
(C) any preparedness plans to combat terrorism that are developed
for installations of the Department of Defense by the commanders of the
installations and the integration of those plans with the plans of the
teams and organizations described in subparagraph (A);
(D) the policies, plans and procedures for using and coordinating
the integrated vulnerability assessment teams of the Joint Staff inside
and outside the United States; and
(E) the missions of Fort Leonard Wood and other installations for
training units, weapons of mass destruction civil support teams and
other teams, and individuals in combating terrorism.
(6) The appropriate number and missions of the teams referred to in
paragraph (5)(A)(i).
(7) How the Department of Defense Weapons of Mass Destruction Civil
Support Teams should interact with the Federal Bureau of Investigation
and the Federal Emergency Management Agency during crisis response and
consequence management situations.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report including
the findings of the study conducted under subsection (a).
SEC. 1512. COMBATING TERRORISM READINESS INITIATIVES FUND FOR
COMBATANT COMMANDS.
(a) Funding for Initiatives.--Chapter 6 of title 10, United States
Code, is amended by inserting after section 166a the following new
section:
``166b. Combatant commands: funding for combating terrorism
readiness initiatives
``(a) Combating Terrorism Readiness Initiatives Fund.--From funds
made available in any fiscal year for the budget account in the
Department of Defense known as the `Combating Terrorism Readiness
Initiatives Fund', the Chairman of the Joint Chiefs of Staff may provide
funds to the commander of a combatant command, upon the request of the
commander, or, with respect to a geographic area or areas not within the
area of responsibility of a commander of a combatant command, to an
officer designated by the Chairman of the Joint Chiefs of Staff for such
purpose. The Chairman may provide such funds for initiating any activity
named in subsection (b) and for maintaining and sustaining the activity
for the fiscal year in which initiated and one additional fiscal year.
``(b) Authorized Activities.--Activities for which funds may be
provided under subsection (a) are the following:
``(1) Procurement and maintenance of physical security equipment.
``(2) Improvement of physical security sites.
``(3) Under extraordinary circumstances--
``(A) physical security management planning;
``(B) procurement and support of security forces and security
technicians;
``(C) security reviews and investigations and vulnerability
assessments; and
``(D) any other activity relating to physical security.
``(c) Priority.--The Chairman of the Joint Chiefs of Staff, in
considering requests for funds in the Combating Terrorism Readiness
Initiatives Fund, should give priority consideration to emergency or
emergent unforeseen high-priority requirements for combating terrorism.
``(d) Relationship to Other Funding.--Any amount provided by the
Chairman of the Joint Chiefs of Staff for a fiscal year out of the
Combating Terrorism Readiness Initiatives Fund for an activity referred
to in subsection (b) shall be in addition to amounts otherwise available
for that activity for that fiscal year.
``(e) Limitation.--Funds may not be provided under this section for
any activity that has been denied authorization by Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
166a the following new item:
``166b. Combatant commands: funding for combating terrorism
readiness initiatives.''.
SEC. 1513. CONVEYANCES OF EQUIPMENT AND RELATED MATERIALS
LOANED TO STATE AND LOCAL GOVERNMENTS AS ASSISTANCE FOR EMERGENCY
RESPONSE TO A USE OR THREATENED USE OF A WEAPON OF MASS DESTRUCTION.
Section 1412(e) of the Defense Against Weapons of Mass Destruction
Act of 1996 (title XIV of Public Law 104 201; 110 Stat. 2718; 50 U.S.C.
2312(e)) is amended by adding at the end the following new paragraph:
``(5) A conveyance of ownership of United States property to a State
or local government, without cost and without regard to subsection (f)
and title II of the Federal Property and Administrative Services Act of
1949 (or any other provision of law relating to the disposal of property
of the United States), if the property is equipment, or equipment and
related materials, that is in the possession of the State or local
government on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2002 pursuant to a loan of the
property as assistance under this section.''.
SEC. 1514. TWO-YEAR EXTENSION OF ADVISORY PANEL TO ASSESS
DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM INVOLVING WEAPONS OF MASS
DESTRUCTION.
(a) Extension of Advisory Panel.--Section 1405 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 2301
note) is amended--
(1) in subsection (h)(2), by striking ``2001'' and inserting
``2003''; and
(2) in subsection (l), by striking ``three years'' and inserting
``five years''.
(b) Pay and Expenses of Members.--(1) Subsection (k) of such section
is amended to read as follows:
``(k) Compensation of Panel Members.--The provisions of paragraph (4)
of section 591(c) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (as contained in section
101(d) of division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105 277; 112 Stat.
2681 212)), shall apply to members of the panel in the same manner as to
members of the National Commission on Terrorism under that paragraph.''.
(2) The amendment made by paragraph (1) shall apply with respect to
periods of service on the advisory panel under section 1405 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 on or
after the date of the enactment of this Act.
TITLE XVI--UNIFORMED SERVICES VOTING
Sec. 1601. Sense of Congress regarding the importance of voting.
Sec. 1602. Voting assistance programs.
Sec. 1603. Guarantee of residency for military personnel.
Sec. 1604. Electronic voting demonstration project.
Sec. 1605. Governors' reports on implementation of recommendations
for changes in State law made under Federal Voting Assistance Program.
Sec. 1606. Simplification of voter registration and absentee
ballot application procedures for absent uniformed services and overseas
voters.
Sec. 1607. Use of certain Department of Defense facilities as
polling places.
SEC. 1601. SENSE OF CONGRESS REGARDING THE IMPORTANCE OF VOTING.
(a) Sense of Congress.--It is the sense of Congress that each person
who is an administrator of a Federal, State, or local election--
(1) should be aware of the importance of the ability of each
uniformed services voter to exercise the right to vote; and
(2) should perform that person's duties as an election administrator
with the intent to ensure that--
(A) each uniformed services voter receives the utmost consideration
and cooperation when voting;
(B) each valid ballot cast by such a voter is duly counted; and
(C) all eligible American voters, regardless of race, ethnicity,
disability, the language they speak, or the resources of the community
in which they live, should have an equal opportunity to cast a vote and
to have that vote counted.
(b) Uniformed Services Voter Defined.--In this section, the term
``uniformed services voter'' means--
(1) a member of a uniformed service (as defined in section 101(a)(5)
of title 10, United States Code) in active service;
(2) a member of the merchant marine (as defined in section 107 of
the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff 6)); and
(3) a spouse or dependent of a member referred to in paragraph (1)
or (2) who is qualified to vote.
SEC. 1602. VOTING ASSISTANCE PROGRAMS.
(a) In General.--(1) Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``1566. Voting assistance: compliance assessments; assistance
``(a) Regulations.--The Secretary of Defense shall prescribe
regulations to require that the Army, Navy, Air Force, and Marine Corps
ensure their compliance with any directives issued by the Secretary of
Defense in implementing any voting assistance program.
``(b) Voting Assistance Programs Defined.--In this section, the term
`voting assistance programs' means--
``(1) the Federal Voting Assistance Program carried out under the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et
seq.); and
``(2) any similar program.
``(c) Annual Effectiveness and Compliance Reviews.--(1) The Inspector
General of each of the Army, Navy, Air Force, and Marine Corps shall
conduct--
``(A) an annual review of the effectiveness of voting assistance
programs; and
``(B) an annual review of the compliance with voting assistance
programs of that armed force.
``(2) Upon the completion of each annual review under paragraph (1),
each Inspector General specified in that paragraph shall submit to the
Inspector General of the Department of Defense a report on the results
of each such review. Such report shall be submitted in time each year to
be reflected in the report of the Inspector General of the Department of
Defense under paragraph (3).
``(3) Not later than March 31 each year, the Inspector General of the
Department of Defense shall submit to Congress a report on--
``(A) the effectiveness during the preceding calendar year of voting
assistance programs; and
``(B) the level of compliance during the preceding calendar year
with voting assistance programs of each of the Army, Navy, Air Force,
and Marine Corps.
``(d) Inspector General Assessments.--(1) The Inspector General of
the Department of Defense shall periodically conduct at Department of
Defense installations unannounced assessments of the compliance at those
installations with--
``(A) the requirements of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.);
``(B) Department of Defense regulations regarding that Act and the
Federal Voting Assistance Program carried out under that Act; and
``(C) other requirements of law regarding voting by members of the
armed forces.
``(2) The Inspector General shall conduct an assessment under
paragraph (1) at not less than 10 Department of Defense installations
each calendar year.
``(3) Each assessment under paragraph (1) shall include a review of
such compliance--
``(A) within units to which are assigned, in the aggregate, not less
than 20 percent of the personnel assigned to duty at that installation;
``(B) within a representative survey of members of the armed forces
assigned to that installation and their dependents; and
``(C) within unit voting assistance officers to measure program
effectiveness.
``(e) Regular Military Department Assessments.--The Secretary of each
military department shall include in the set of issues and programs to
be reviewed during any management effectiveness review or inspection at
the installation level an assessment of compliance with the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) and
with Department of Defense regulations regarding the Federal Voting
Assistance Program.
``(f) Voting Assistance Officers.--Voting assistance officers shall
be appointed or assigned under Department of Defense regulations.
Commanders at all levels are responsible for ensuring that unit voting
officers are trained and equipped to provide information and assistance
to members of the armed forces on voting matters. Performance evaluation
reports pertaining to a member who has been assigned to serve as a
voting assistance officer shall comment on the performance of the member
as a voting assistance officer.
``(g) Delivery of Mail From Overseas Preceding Federal
Elections.--(1) During the four months preceding a general Federal
election month, the Secretary of Defense shall periodically conduct
surveys of all overseas locations and vessels at sea with military units
responsible for collecting mail for return shipment to the United States
and all port facilities in the United States and overseas where
military-related mail is collected for shipment to overseas locations or
to the United States. The purpose of each survey shall be to determine
if voting materials are awaiting shipment at any such location and, if
so, the length of time that such materials have been held at that
location. During the fourth and third months before a general Federal
election month, such surveys shall be conducted biweekly. During the
second and first months before a general Federal election month, such
surveys shall be conducted weekly.
``(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at all times.
``(3) In this section, the term `general Federal election month'
means November in an even-numbered year.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``1566. Voting assistance: compliance assessments; assistance.''.
(b) Initial Report.--The first report under section 1566(c)(3) of
title 10, United States Code, as added by subsection (a), shall be
submitted not later than March 31, 2003.
SEC. 1603. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. App. 590 et seq.) is amended by adding at the end the
following:
`` Sec. 704. (a) For purposes of voting for any Federal office (as
defined in section 301 of the Federal Election Campaign Act of 1971 (2
U.S.C. 431)) or a State or local office, a person who is absent from a
State in compliance with military or naval orders shall not, solely by
reason of that absence--
``(1) be deemed to have lost a residence or domicile in that State,
without regard to whether or not the person intends to return to that
State;
``(2) be deemed to have acquired a residence or domicile in any
other State; or
``(3) be deemed to have become a resident in or a resident of any
other State.
``(b) In this section, the term `State' includes a territory or
possession of the United States, a political subdivision of a State,
territory, or possession, and the District of Columbia.''.
SEC. 1604. ELECTRONIC VOTING DEMONSTRATION PROJECT.
(a) Establishment of Demonstration Project.--
(1) In general.--Subject to paragraph (2), the Secretary of Defense
shall carry out a demonstration project under which absent uniformed
services voters are permitted to cast ballots in the regularly scheduled
general election for Federal office for November 2002 through an
electronic voting system. The project shall be carried out with
participation of sufficient numbers of absent uniformed services voters
so that the results are statistically relevant.
(2) Authority to delay implementation.--If the Secretary of Defense
determines that the implementation of the demonstration project under
paragraph (1) with respect to the regularly scheduled general election
for Federal office for November 2002 may adversely affect the national
security of the United States, the Secretary may delay the
implementation of such demonstration project until the regularly
scheduled general election for Federal office for November 2004. The
Secretary shall notify the Committee on Armed Services and the Committee
on Rules and Administration of the Senate and the Committee on Armed
Services and the Committee on House Administration of the House of
Representatives of any decision to delay implementation of the
demonstration project.
(b) Coordination With State Election Officials.--The Secretary shall
carry out the demonstration project under this section through
cooperative agreements with State election officials of States that
agree to participate in the project.
(c) Report to Congress.--Not later than June 1 of the year following
the year in which the demonstration project is conducted under this
section, the Secretary of Defense shall submit to Congress a report
analyzing the demonstration project. The Secretary shall include in the
report any recommendations the Secretary considers appropriate for
continuing the project on an expanded basis for absent uniformed
services voters during the next regularly scheduled general election for
Federal office.
(d) Definitions.--In this section:
(1) Absent uniformed services voter.--The term ``absent uniformed
services voter'' has the meaning given that term in section 107(1) of
the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff 6(1)).
(2) State.--The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American
Samoa.
SEC. 1605. GOVERNORS' REPORTS ON IMPLEMENTATION OF
RECOMMENDATIONS FOR CHANGES IN STATE LAW MADE UNDER FEDERAL VOTING
ASSISTANCE PROGRAM.
(a) Reports.--(1) Whenever a State receives a uniformed services
voting assistance legislative recommendation from the Secretary of
Defense, acting as the Presidential designee, the chief executive
authority of that State shall, not later than 90 days after receipt of
that recommendation, provide a report on the status of implementation of
that recommendation by that State.
(2) If a legislative recommendation referred to in paragraph (1) has
been implemented, in whole or in part, by a State, the report of the
chief executive authority of that State under that paragraph with
respect to that recommendation shall include a description of the
changes made to State law to implement the recommendation. If the
recommendation has not been implemented, the report shall include a
statement of the status of the recommendation before the State
legislature and a statement of any recommendation the chief executive
officer has made or intends to make to the legislature with respect to
that recommendation.
(3) Any report under paragraph (1) shall be transmitted to the
Secretary of Defense, acting as the Presidential designee. The Secretary
shall transmit a copy of the response to each Member of Congress who
represents that State.
(b) Period of Applicability.--This section applies with respect to
any uniformed services voting assistance legislative recommendation
transmitted to a State by the Secretary of Defense, acting as the
Presidential designee, during the three-year period beginning on the
date of the enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``uniformed services voting assistance legislative
recommendation'' means a recommendation of the Presidential designee for
a modification in the laws of a State for the purpose of improving the
access to the polls of absent uniformed services voters and overseas
voters.
(2) The term ``Presidential designee'' means the head of the
executive department designated by the President under section 101(a) of
the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(a)).
(3) The term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American
Samoa.
(4) The term ``Member of Congress'' includes a Delegate or Resident
Commissioner to the Congress.
SEC. 1606. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATION PROCEDURES FOR ABSENT UNIFORMED SERVICES AND OVERSEAS
VOTERS.
(a) Requirement for States To Accept Official Form for Simultaneous
Voter Registration and Absentee Ballot Application.--
(1) In general.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff 1) is amended--
(A) in paragraph (2)--
(i) by striking ``general, special, primary, or runoff'';
(ii) by inserting ``and absentee ballot application'' after ``voter
registration application'';
(iii) by striking ``and'' after the semicolon at the end;
(B) by striking the period at the end of paragraph (3) and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(4) use the official post card form (prescribed under section 101)
for simultaneous voter registration application and absentee ballot
application.''.
(2) Conforming amendment.--Section 101(b)(2) of such Act (42 U.S.C.
1973ff(b)(2)) is amended by striking ``as recommended in section 104''
and inserting ``as required under section 102(4)''.
(b) Use of Single Application for All Subsequent Elections.--Section
104 of such Act (42 U.S.C. 1973ff 3) is amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.
``(a) In General.--If a State accepts and processes an official post
card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with section
102(a)(4)) and the voter requests that the application be considered an
application for an absentee ballot for each subsequent election for
Federal office held in the State during that year, the State shall
provide an absentee ballot to the voter for each subsequent election for
Federal office held in the State during that year.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State.
``(c) Revision of Official Post Card Form.--The Presidential designee
shall revise the official post card form (prescribed under section 101)
to enable a voter using the form to--
``(1) request an absentee ballot for each election for Federal
office held in a State during a year; or
``(2) request an absentee ballot for only the next scheduled
election for Federal office held in a State.
``(d) No Effect on Voter Removal Programs.--Nothing in this section
may be construed to prevent a State from removing any voter from the
rolls of registered voters in the State under any program or method
permitted under section 8 of the National Voter Registration Act of
1993.''.
SEC. 1607. USE OF CERTAIN DEPARTMENT OF DEFENSE FACILITIES AS
POLLING PLACES.
(a) Use of Military Facilities.--Section 2670 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(b) Use of Certain Facilities as Polling Places.--(1)
Notwithstanding chapter 29 of title 18 (including sections 592 and 593
of such title) or any other provision of law, the Secretary of Defense
or Secretary of a military department may not (except as provided in
paragraph (3)) prohibit the designation or use of a qualifying facility
under the jurisdiction of the Secretary as an official polling place for
local, State, or Federal elections.
``(2) A Department of Defense facility is a qualifying facility for
purposes of this subsection if as of December 31, 2000--
``(A) the facility is designated as an official polling place by a
State or local election official; or
``(B) the facility has been used as such an official polling place
since January 1, 1996.
``(3) The limitation in paragraph (1) may be waived by the Secretary
of Defense or Secretary of the military department concerned with
respect to a particular Department of Defense facility if the Secretary
of Defense or Secretary concerned determines that local security
conditions require prohibition of the designation or use of that
facility as an official polling place for any election.''.
(b) Conforming and Clerical Amendments.--(1) Such section is further
amended--
(A) by striking ``Under'' and inserting ``(a) Use by Red
Cross.--Under''; and
(B) by striking ``this section'' and inserting ``this subsection''.
(2) The heading of such section is amended to read as follows:
``2670. Military installations: use by American National Red
Cross; use as polling places''.
(3) The item relating to such section in the table of sections at the
beginning of chapter 159 of such title is amended to read as follows:
``2670. Military installations: use by American National Red
Cross; use as polling places.''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE; DEFINITION.
(a) Short Title.--This division may be cited as the ``Military
Construction Authorization Act for Fiscal Year 2002''.
(b) Definition of Fiscal Year 2001 Defense Authorization Act.--In
this division, the term ``Spence Act'' means the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, as enacted into
law by Public Law 106 398 (114 Stat. 1654).
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 2001 projects.
Sec. 2106. Modification of authority to carry out certain fiscal
year 2000 projects.
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 Anniston Army Depot $5,150,000
Fort Rucker $18,200,000
Redstone Arsenal $9,900,000
Alaska Fort Richardson $115,000,000
Fort Wainwright $27,200,000
Arizona Fort Huachuca $6,100,000
Yuma Proving Ground $3,100,000
California Defense Language Institute $5,900,000
Fort Irwin $23,000,000
Colorado Fort Carson $66,000,000
District of Columbia Fort McNair $11,600,000
Georgia Fort Benning $23,900,000
Fort Gillem $34,600,000
Fort Gordon $34,000,000
lFort Stewart/Hunter Army Air Field $39,800,000
Hawaii lKahuku Windmill Site $900,000
lNavy Public Works Center, Pearl Harbor $11,800,000
lPohakuloa Training Facility $6,600,000
Wheeler Army Air Field $50,000,000
Illinois Rock Island Arsenal $3,500,000
Kansas Fort Riley $10,900,000
Kentucky Fort Campbell $88,900,000
Fort Knox $12,000,000
Louisiana Fort Polk $21,200,000
Maryland Aberdeen Proving Ground $58,300,000
Fort Meade $11,200,000
Missouri Fort Leonard Wood $7,850,000
New Jersey Fort Monmouth $20,000,000
Picatinny Arsenal $10,200,000
New Mexico White Sands Missile Range $7,600,000
New York Fort Drum $56,350,000
North Carolina Fort Bragg $21,300,000
lSunny Point Military Ocean Terminal $11,400,000
Oklahoma Fort Sill $5,100,000
South Carolina Fort Jackson $65,650,000
Texas Corpus Christi Army Depot $10,400,000
Fort Sam Houston $2,250,000
Fort Bliss $5,000,000
Fort Hood $104,200,000
Virginia Fort Belvoir $35,950,000
Fort Eustis $34,650,000
Fort Lee $23,900,000
Washington Fort Lewis $238,200,000
----------------
xl Total: $1,358,750,000
(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 lArea Support Group, Bamberg $36,000,000
lArea Support Group, Darmstadt $13,500,000
Baumholder $9,000,000
Hanau $7,200,000
Heidelberg $15,300,000
Mannheim $16,000,000
Wiesbaden Air Base $26,300,000
Japan Camp Schab $3,800,000
Korea Camp Carroll $16,593,000
Camp Casey $8,500,000
Camp Hovey $35,750,000
Camp Humphreys $14,500,000
Camp Jackson $6,100,000
Camp Stanley $28,000,000
Camp Yongsan $12,800,000
Kwajalein Kwajalein Atoll $11,000,000
--------------
xl Total: $260,343,000
(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 $4,000,000
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may construct or acquire family
housing units (including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following table:
Army: Family Housing
State or Country Installation or location Purpose Amount
Alaska Fort Wainwright 32 Units $12,000,000
Arizona Fort Huachuca 72 Units $10,800,000
Kansas Fort Leavenworth 80 Units $20,000,000
Texas Fort Bliss 76 Units $13,600,000
xl lFort Sam Houston 80 Units $11,200,000
Korea Camp Humphreys 54 Units $12,800,000
-------------
xl xl Total: $80,400,000
(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
$11,592,000.
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 $220,750,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $3,155,594,000, as
follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $1,127,750,000.
(2) For military construction projects outside the United States
authorized by section 2101(b), $260,343,000.
(3) For a military construction project at an unspecified worldwide
location authorized by section 2101(c), $4,000,000.
(4) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $18,000,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $159,533,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $312,742,000.
(B) For support of military family housing (including the functions
described in section 2833 of title 10, United States Code),
$1,089,573,000.
(7) For the construction of a cadet development center at the United
States Military Academy, West Point, New York, authorized by section
2101(a) of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105 261; 112 Stat. 2182), $37,900,000.
(8) For the construction of phase 2C of a barracks complex, Tagaytay
Street, at Fort Bragg, North Carolina, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106 65; 113 Stat. 825), $17,500,000.
(9) For the construction of phase 1C of a barracks complex, Wilson
Street, at Schofield Barracks, Hawaii, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106 65; 113 Stat. 825), $23,000,000.
(10) For construction of phase 2 of a basic combat training complex
at Fort Leonard Wood, Missouri, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A 389), as amended by section 2105 of
this Act, $27,000,000.
(11) For the construction of phase 2 of a battle simulation center
at Fort Drum, New York, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A 389), as amended by section 2105 of this
Act, $9,000,000.
(12) For the construction of phase 1 of a barracks complex, Butner
Road, at Fort Bragg, North Carolina, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year 2001
(division B of the Spence Act; 114 Stat. 1654A 389), $49,000,000.
(13) For the construction of phase 1 of a barracks complex,
Longstreet Road, at Fort Bragg, North Carolina, authorized by section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2001 (division B of the Spence Act; 114 Stat. 1654A 389), $27,000,000.
(14) For the construction of a multipurpose digital training range
at Fort Hood, Texas, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A 389), as amended by section 2105 of this
Act, $13,000,000.
(15) For the homeowners assistance program, as authorized by section
2832(a) of title 10, United States Code, $10,119,000, to remain
available until expended.
(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 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs
(1), (2), and (3) of subsection (a);
(2) $52,000,000 (the balance of the amount authorized under section
2201(a) for construction of a barracks complex, D Street, at Fort
Richardson, Alaska);
(3) $41,000,000 (the balance of the amount authorized under section
2201 (a) for construction of phase 1 of a barracks complex, Nelson
Boulevard, at Fort Carson, Colorado);
(4) $36,000,000 (the balance of the amount authorized under section
2201(a) for construction of phase 1 of a basic combat training complex
at Fort Jackson, South Carolina); and
(5) $102,000,000 (the balance of the amount authorized under section
2201(a) for construction of a barracks complex, 17th & B Streets, at
Fort Lewis, Washington).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (15) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$29,866,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military family
housing support outside the United States and savings resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A 389) is amended--
(1) in the item relating to Fort Leonard Wood, Missouri, by striking
``$65,400,000'' in the amount column and inserting ``$69,800,000'';
(2) in the item relating to Fort Drum, New York, by striking
``$18,000,000'' in the amount column and inserting ``$21,000,000'';
(3) in the item relating to Fort Hood, Texas, by striking
``$36,492,000'' in the amount column and inserting ``$39,492,000''; and
(4) by striking the amount identified as the total in the amount
column and inserting ``$626,374,000''.
(b) Conforming Amendments.--Section 2104 of that Act (114 Stat. 1654A
391) is amended--
(1) in subsection (a), in the matter preceding paragraph (1), by
striking ``$1,925,344,000'' and inserting ``$1,935,744,000''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``$22,600,000'' and inserting
``$27,000,000'';
(B) in paragraph (3), by striking ``$10,000,000'' and inserting
``$13,000,000''; and
(C) in paragraph (6), by striking ``$6,000,000'' and inserting
``$9,000,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECTS.
Section 2104 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106 65; 113 Stat. 826), as
amended by section 2105(c) of the Spence Act; 114 Stat. 1654A 393), is
amended --
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``$2,358,331,000'' and inserting ``$2,321,931,000''; and
(B) in paragraph (1), by striking ``$930,058,000'' and inserting
``$893,658,000''; and
(2) in subsection (b)(7), by striking ``$102,500,000'' and inserting
``$138,900,000''.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal
year 2001 projects.
Sec. 2206. Modification of authority to carry out certain fiscal
year 2000 project.
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 lMarine Corps Air Station, Yuma $22,570,000
California lMarine Air-Ground Task Force Training Center, Twentynine Palms $75,125,000
xl lMarine Corps Air Station, Camp Pendleton $4,470,000
xl lMarine Corps Base, Camp Pendleton $96,490,000
xl lNaval Air Facility, El Centro $23,520,000
xl lNaval Air Station, Lemoore $10,010,000
xl lNaval Air Warfare Center, China Lake $30,200,000
xl lNaval Air Warfare Center, Point Mugu, San Nicholas Island $13,730,000
xl lNaval Amphibious Base, Coronado $8,610,000
xl lNaval Construction Battalion Center, Port Hueneme $12,400,000
xl lNaval Construction Training Center, Port Hueneme $3,780,000
xl Naval Station, San Diego $47,240,000
District of Columbia lNaval Air Facility, Washington $9,810,000
Florida Naval Air Station, Key West $11,400,000
xl lNaval Air Station, Whiting Field, Milton $2,140,000
xl Naval Station, Mayport $16,420,000
xl Naval Station, Pensacola $3,700,000
Hawaii lMarine Corps Base, Kaneohe $24,920,000
xl Naval Magazine Lualualei $6,000,000
xl Naval Shipyard, Pearl Harbor $20,000,000
xl Naval Station, Pearl Harbor $54,700,000
xl lNavy Public Works Center, Pearl Harbor $16,900,000
Illinois lNaval Training Center, Great Lakes $82,260,000
Indiana lNaval Surface Warfare Center, Crane $14,930,000
Maine Naval Air Station, Brunswick $67,395,000
xl lNaval Shipyard, Portsmouth $14,620,000
Maryland lNaval Air Warfare Center, Patuxent River $2,260,000
xl lNaval Air Warfare Center, St. Inigoes $5,100,000
xl lNaval Explosive Ordinance Disposal Technology Center, Indian Head $1,250,000
Mississippi Naval Air Station, Meridian $3,370,000
xl lNaval Construction Battalion Center, Gulfport $21,660,000
xl lNaval Station, Pascaguola $4,680,000
Missouri lMarine Corps Support Activity, Kansas City $9,010,000
Nevada lNaval Air Station, Fallon $6,150,000
New Jersey lNaval Weapons Station, Earle $4,370,000
North Carolina lMarine Corps Air Station, New River $4,050,000
xl lMarine Corps Base, Camp Lejeune $67,070,000
Pennsylvania lNaval Foundry and Propeller Center, Philadelphia $14,800,000
Rhode Island Naval Station, Newport $15,290,000
xl lNaval Underwater Warfare Center, Newport $9,370,000
South Carolina lMarine Corps Air Station, Beaufort $8,020,000
xl lMarine Corps Recruit Depot, Parris Island $5,430,000
Tennessee lNaval Support Activity, Millington $3,900,000
Virginia lMarine Corps Air Facility, Quantico $3,790,000
xl lMarine Corps Combat Dev Com $9,390,000
xl lNaval Amphibious Base, Little Creek $9,090,000
xl Naval Station, Norfolk $139,270,000
Washington lNaval Air Station, Whidbey Island $7,370,000
xl lNaval Station, Everett $6,820,000
xl lStrategic Weapons Facility, Bangor $3,900,000
----------------
xl Total: $1,058,750,000
(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
Greece lNaval Support Activity Joint Headquarters Command, Larissa $12,240,000
xl lNaval Support Activity, Souda Bay $3,210,000
Guam Naval Station, Guam $9,300,000
xl Navy Public Works Center, Guam $14,800,000
Iceland Naval Air Station, Keflavik $2,820,000
Italy Naval Air Station, Sigonella $3,060,000
Spain Naval Station, Rota $2,240,000
-------------
xl Total: $47,670,000
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
Arizona lMarine Corps Air Station, Yuma 51 Units $9,017,000
California lMarine Air-Ground Task Force Training Center, Twentynine Palms 74 Units $16,250,000
Hawaii lMarine Corps Base, Kaneohe 172 Units $46,996,000
xl lNaval Station, Pearl Harbor 70 Units $16,827,000
Mississippi lNaval Construction Battalion Center, Gulfport 160 Units $23,354,000
Virginia lMarine Corps Combat Development Command, Quantico 60 Units $7,000,000
Italy lNaval Air Station, Sigonella 10 Units $2,403,000
--------------
xl xl Total: $121,847,000
(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
$6,499,000.
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 $203,434,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $2,366,742,000, as
follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $1,005,410,000.
(2) For military construction projects outside the United States
authorized by section 2201(b), $47,670,000.
(3) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $10,546,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $39,557,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $331,780,000.
(B) For support of military housing (including functions described
in section 2833 of title 10, United States Code), $910,095,000.
(6) For construction of phase 6 of a large anachoic chamber facility
at the Patuxent River Naval Air Warfare Center, Maryland, authorized by
section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102 484; 106 Stat. 2590),
$10,770,000.
(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 (division B
of Public Law 106 65; 113 Stat. 828), as amended by section 2206 of this
Act, $37,580,000.
(8) For repair of a pier at Naval Station, San Diego, California,
authorized by section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A
396), $17,500,000.
(9) For replacement of a pier at Naval Station, Bremerton,
Washington, formerly Naval Shipyard, Bremerton, Puget Sound, Washington,
authorized by section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A
396), as amended by section 2205 of this Act, $24,460,000.
(10) For construction of an industrial skills center at Puget Sound
Naval Shipyard, Bremerton, Washington, formerly Naval Shipyard,
Bremerton, Puget Sound, Washington, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A 396), as amended by section 2205 of
this Act, $14,000,000.
(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) $33,240,000 (the balance of the amount authorized under section
2201(a) for replacement of a pier, increment I, at Naval Station,
Norfolk, Virginia); and
(3) $20,100,000 (the balance of the amount authorized under section
2201(a) for a combined propulsion and explosives lab at Naval Air
Warfare Center, China Lake, California).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (10) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$82,626,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military family
housing support outside the United States and savings resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) Authorized Construction and Land Acquisition.--The table in
section 2201(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A 395) is
amended--
(1) in the item relating to Naval Shipyard, Bremerton, Puget Sound,
Washington, by striking ``$100,740,000'' in the amount column and
inserting ``$102,460,000'';
(2) in the item relating to Naval Station, Bremerton, Washington, by
striking ``$11,930,000'' in the amount column and inserting
``$1,930,000''; and
(3) by striking the amount identified as the total in the amount
column and inserting ``$803,217,000''.
(b) Planning and Design.--Section 2204(a) of that Act (114 Stat.
1654A 398) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,227,995,000'' and inserting ``$2,208,407,000''; and
(2) in paragraph (4), by striking ``$73,335,000'' and inserting
``$53,747,000''.
(c) Conforming Amendment.--Section 2204(b)(4) of that Act (114 Stat.
1654A 398) is amended by striking ``$10,280,000'' and inserting
``$14,000,000''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECT.
(a) Modification.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106 65; 113 Stat. 828) is amended--
(1) in the item relating to Camp H.M. Smith, Hawaii, by striking
``$86,050,000'' in the amount column and inserting ``$89,050,000''; and
(2) by striking the amount identified as the total in the amount
column and inserting ``$820,230,000''.
(b) Conforming Amendment.--Section 2204(b)(3) of that Act (113 Stat.
831) is amended by striking ``$70,180,000'' and inserting
``$73,180,000''.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal
year 2001 projects.
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 $34,400,000
Alaska Eareckson Air Force Base $4,600,000
Elmendorf Air Force Base $32,200,000
Arizona lDavis-Monthan Air Force Base $23,500,000
Luke Air Force Base $4,500,000
Arkansas lLittle Rock Air Force Base $18,100,000
California Beale Air Force Base $7,900,000
Edwards Air Force Base $16,300,000
Los Angeles Air Force Base $23,000,000
Travis Air Force Base $10,100,000
Vandenberg Air Force Base $11,800,000
Colorado lBuckley Air Force Base $23,200,000
Schriever Air Force Base $30,400,000
lUnited States Air Force Academy $25,500,000
Delaware Dover Air Force Base $7,300,000
District of Columbia Bolling Air Force Base $2,900,000
Florida lCape Canaveral Air Force Station $7,800,000
Eglin Air Force Base $11,400,000
Hurlburt Field $10,400,000
Tyndall Air Force Base $20,350,000
Georgia Moody Air Force Base $8,600,000
Robins Air Force Base $14,650,000
Idaho lMountain Home Air Force Base $14,600,000
Kansas McConnell Air Force Base $5,100,000
Louisiana Barksdale Air Force Base $5,000,000
Maryland Andrews Air Force Base $19,420,000
Massachusetts Hanscom Air Force Base $9,400,000
Mississippi Columbus Air Force Base $5,000,000
Keesler Air Force Base $28,600,000
Montana Malmstrom Air Force Base $4,650,000
Nevada Nellis Air Force Base $31,600,000
New Jersey McGuire Air Force Base $36,550,000
New Mexico Cannon Air Force Base $9,400,000
Kirtland Air Force Base $19,800,000
North Carolina Pope Air Force Base $17,800,000
North Dakota Grand Forks Air Force Base $7,800,000
Ohio lWright-Patterson Air Force Base $28,250,000
Oklahoma Altus Air Force Base $20,200,000
Tinker Air Force Base $21,400,000
South Carolina Shaw Air Force Base $5,800,000
South Dakota Ellsworth Air Force Base $12,200,000
Tennessee Arnold Air Force Base $24,400,000
Texas Dyess Air Force Base $16,800,000
Lackland Air Force Base $12,800,000
Laughlin Air Force Base $15,600,000
Sheppard Air Force Base $45,200,000
Utah Hill Air Force Base $44,000,000
Virginia Langley Air Force Base $47,300,000
Washington Fairchild Air Force Base $2,800,000
McChord Air Force Base $20,700,000
Wyoming F. E. Warren Air Force Base $10,200,000
--------------
xl Total: $891,270,000
(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
Germany Ramstein Air Force Base $42,900,000
Spangdahlem Air Base $8,700,000
Guam Andersen Air Force Base $10,150,000
Italy Aviano Air Base $11,800,000
Korea Kunsan Air Base $12,000,000
Osan Air Base $101,142,000
Oman Masirah $8,000,000
Turkey Eskisehir $4,000,000
Incirlik $5,500,000
United Kingdom Royal Air Force, Lakenheath $11,300,000
Royal Air Force, Mildenhall $22,400,000
Wake Island Wake Island $25,000,000
--------------
xl Total: $262,892,000
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(3), the
Secretary of the Air Force 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:
Air Force: Unspecified Worldwide
Location Installation Amount
Unspecified Worldwide Classified Location $4,458,000
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(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
Arizona Luke Air Force Base 120 Units $15,712,000
California Travis Air Force Base 118 Units $18,150,000
Colorado Buckley Air Force Base 55 Units $11,400,000
Delaware Dover Air Force Base 120 Units $18,145,000
District of Columbia Bolling Air Force Base 136 Units $16,926,000
Hawaii Hickam Air Force Base 102 Units $25,037,000
Idaho lMountain Home Air Force Base 56 Units $10,000,000
Louisiana lBarksdale Air Force Base 56 Units $7,300,000
South Dakota lEllsworth Air Force Base 78 Units $13,700,000
Virginia Langley Air Force Base 4 Units $1,200,000
Portugal Lajes Field, Azores 64 Units $13,230,000
--------------
xl xl Total: $150,800,000
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(6)(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
$24,558,000.
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)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$375,345,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for military
construction, land acquisition, and military family housing functions of
the Department of the Air Force in the total amount of $2,573,122,000,
as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $879,270,000.
(2) For military construction projects outside the United States
authorized by section 2301(b), $223,592,000.
(3) For a military construction project at an unspecified worldwide
location authorized by section 2301(c), $4,458,000.
(4) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $11,250,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $94,970,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $550,703,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$844,715,000.
(7) $12,600,000 for construction of an air freight terminal and base
supply complex at McGuire Air Force Base, New Jersey, authorized by
section 2301(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A 399), as
amended by section 2305 of this Act.
(b) Limitation on Total Cost of Construction
Projects.--Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out under
section 2301 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs
(1), (2), and (3) of subsection (a);
(2) $12,000,000 (the balance of the amount authorized under section
2301(a) for a maintenance depot hanger at Hill Air Force Base, Utah);
(3) $15,300,000 (the balance of the amount authorized under section
2301(b) for repair of an airfield runway at Wake Island); and
(4) $24,000,000 (the balance of the amount authorized under section
2301(b) for a civil engineer complex at Osan Air Force Base, Korea).
(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 in such paragraphs, reduced by
$48,436,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military family
housing support outside the United States and savings resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) McGuire Air Force Base.--The table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 2001 (division B
of the Spence Act; 114 Stat. 1654A 399) is amended--
(1) in the item relating to McGuire Air Force Base, New Jersey, by
striking ``$29,772,000'' in the amount column and inserting
``$32,972,000''; and
(2) by striking the amount identified as the total in the amount
column and inserting ``$748,955,000''.
(b) Mountain Home Air Force Base.--The table in section 2302(a) of
that Act (114 Stat. 1654A 400) is amended in the item relating to
Mountain Home Air Force Base, Idaho, by striking ``119 Units'' in the
purpose column and inserting ``46 Units''.
(c) Conforming Amendment.--Section 2304(b)(2) of that Act (114 Stat.
1654A 402) is amended by striking ``$9,400,000'' and inserting
``$12,600,000''.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Cancellation of authority to carry out certain fiscal
year 2001 projects.
Sec. 2405. Modification of authority to carry out certain fiscal
year 2000 projects.
Sec. 2406. Modification of authority to carry out certain fiscal
year 1999 projects.
Sec. 2407. Modification of authority to carry out certain fiscal
year 1995 projects.
Sec. 2408. Prohibition on expenditures to develop forward
operating location on Aruba.
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
lDefense Education Activity lLaurel Bay, South Carolina $12,850,000
xl lMarine Corps Base, Camp LeJeune, North Carolina $8,857,000
lDefense Logistics Agency lDefense Distribution Depot, Tracy, California $30,000,000
xl lDefense Distribution, New Cumberland, Pennsylvania $19,900,000
xl lEielson Air Force Base, Alaska $8,800,000
xl lFort Belvoir, Virginia $900,000
xl lGrand Forks Air Force Base, North Dakota $9,110,000
xl lHickam Air Force Base, Hawaii $29,200,000
xl lMcGuire Air Force Base, New Jersey $4,400,000
xl lMinot Air Force Base, North Dakota $14,000,000
xl lPhiladelphia, Pennsylvania $2,429,000
xl lPope Air Force Base, North Carolina $3,400,000
lSpecial Operations Command lAberdeen Proving Ground, Maryland $3,200,000
xl lCONUS Classified $2,400,000
xl lFort Benning, Georgia $5,100,000
xl lFort Bragg, North Carolina $33,562,000
xl lFort Lewis, Washington $6,900,000
xl lHurlburt Field, Florida $13,400,000
xl lMacDill Air Force Base, Florida $12,000,000
xl lNaval Station, San Diego, California $13,650,000
lTRICARE Management Activity lAndrews Air Force Base, Maryland $10,250,000
xl lDyess Air Force Base, Texas $3,300,000
xl lF.E. Warren Air Force Base, Wyoming $2,700,000
xl lFort Hood, Texas $12,200,000
xl lFort Stewart/Hunter Army Air Field, Georgia $11,000,000
xl lHolloman Air Force Base, New Mexico $5,700,000
xl lHurlburt Field, Florida $8,800,000
xl lMarine Corps Base, Camp Pendleton, California $15,300,000
xl lMarine Corps Logistics Base, Albany, Georgia $5,800,000
xl lNaval Air Station, Whidbey Island, Washington $6,600,000
xl lNaval Hospital, Twentynine Palms, California $1,600,000
xl lNaval Station, Mayport, Florida $24,000,000
xl lNaval Station, Norfolk, Virginia $21,000,000
xl lSchriever Air Force Base, Colorado $4,000,000
lWashington Headquarters Services lPentagon Reservation, Virginia $25,000,000
--------------
xl Total: $391,308,000
(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
lDefense Education Activity lAviano Air Base, Italy $3,647,000
xl lGeilenkirchen AB, Germany $1,733,000
xl lHeidelberg, Germany $3,312,000
xl lKaiserslautern, Germany $1,439,000
xl lKitzingen, Germany $1,394,000
xl lLandstuhl, Germany $1,444,000
xl lRamstein Air Force Base, Germany $2,814,000
xl lRoyal Air Force, Feltwell, United Kingdom $22,132,000
xl lVogelweh Annex, Germany $1,558,000
xl lWiesbaden Air Base, Germany $1,378,000
xl lWuerzburg, Germany $2,684,000
lDefense Logistics Agency lAnderson Air Force Base, Guam $20,000,000
xl lCamp Casey, Korea $5,500,000
xl lNaval Station, Rota, Spain $3,000,000
xl lYokota Air Base, Japan $13,000,000
lOffice Secretary of Defense lComalapa Air Base, El Salvador $12,577,000
lTRICARE Management Activity lHeidelberg, Germany $28,000,000
xl lLajes Field, Azores, Portugal $3,750,000
xl lThule, Greenland $10,800,000
--------------
xl Total: $140,162,000
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(6), the Secretary of Defense may carry
out energy conservation projects under section 2865 of title 10, United
States Code, in the amount of $27,100,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, 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 $1,481,208,000, as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $391,308,000.
(2) For military construction projects outside the United States
authorized by section 2401(b), $140,162,000.
(3) For unspecified minor construction projects under section 2805
of title 10, United States Code, $24,492,000.
(4) For contingency construction projects of the Secretary of
Defense under section 2804 of title 10, United States Code, $10,000,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $54,496,000.
(6) For energy conservation projects authorized by section 2402,
$27,100,000.
(7) 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), $632,713,000.
(8) For military family housing functions:
(A) For improvement of military family housing and facilities,
$250,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code), $43,762,000,
of which not more than $37,298,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title 10, United
States Code, $2,000,000.
(9) For the construction of phase 6 of an ammunition
demilitarization facility at Pine Bluff Arsenal, Arkansas, authorized by
section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103 337; 108 Stat. 3040), as
amended by section 2407 of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104 106; 110 Stat. 539),
section 2408 of the Military Construction Authorization Act for Fiscal
Year 1998 (division B of Public Law 105 85; 111 Stat. 1982), section
2406 of the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105 261; 112 Stat. 2197), and section 2407 of
this Act, $26,000,000.
(10) For the construction of phase 3 of an ammunition
demilitarization facility at Pueblo Army Depot, Colorado, authorized by
section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104 201; 110 Stat. 2775), as
amended by section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106 65; 113 Stat. 839),
$11,000,000.
(11) For construction of phase 4 of an ammunition demilitarization
facility at Newport Army Depot, Indiana, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105 261; 112 Stat. 2193), $66,000,000.
(12) For construction of phase 4 of an ammunition demilitarization
facility at Aberdeen Proving Ground, Maryland, authorized by section
2401(a) of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105 261; 112 Stat. 2193), as amended by
section 2406 of this Act, $66,500,000.
(13) For the construction of phase 2 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky, 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), as
amended by section 2405 of this Act, $3,000,000.
(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 2401 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1) and (2) of subsection (a).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (13) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$17,575,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and military family
housing support outside the United States and savings resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes.
SEC. 2404. CANCELLATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) Cancellation of Projects at Camp Pendleton, California.--The
table in section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A 402)
is amended--
(1) under the agency heading TRICARE Management Activity, by
striking the item relating to Marine Corps Base, Camp Pendleton,
California; and
(2) by striking the amount identified as the total in the amount
column and inserting ``$242,756,000''.
(b) Cancellation of Projects at Unspecified Worldwide
Locations.--Section 2401(c) of that Act (114 Stat. 1654A 404) is amended
by striking ``$451,135,000'' and inserting ``$30,065,000''.
(c) Treatment of Authorization of Appropriations for Certain Canceled
Projects.--Of the amount authorized to be appropriated by section
2403(a) of that Act (114 Stat. 1654A 404), and paragraph (1) of that
section, $14,150,000 shall be available for purposes relating to
construction of the Portsmouth Naval Hospital, Virginia, as authorized
by section 2401(a) of the Military Construction Authorization Act for
Fiscal Years 1990 and 1991 (division B of Public Law 101 189; 103 Stat.
1640).
(d) Reduction in Authorization of Appropriations for Projects at
Unspecified Worldwide Locations.--Section 2403 of that Act (114 Stat.
1654A 404) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``$1,883,902,000'' and inserting ``$1,828,872,000''; and
(B) in paragraph (3), by striking ``$85,095,000'' and inserting
``$30,065,000''; and
(2) in subsection (b), by striking ``may not exceed--'' and all that
follows through the end of the subsection and inserting ``may not exceed
the total amount authorized to be appropriated under paragraphs (1) and
(2) of subsection (a).''.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECTS.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106 65; 113 Stat. 835) is amended--
(1) under the agency heading relating to Chemical Demilitarization,
in the item relating to Blue Grass Army Depot, Kentucky, by striking
``$206,800,000'' in the amount column and inserting ``$254,030,000'';
(2) under the agency heading relating to TRICARE Management Agency--
(A) in the item relating to Fort Wainwright, Alaska, by striking
``$133,000,000'' in the amount column and inserting ``$215,000,000'';
and
(B) by striking the item relating to Naval Air Station, Whidbey
Island, Washington; and
(3) by striking the amount identified as the total in the amount
column and inserting ``$711,950,000''.
(b) Treatment of Authorization of Appropriations for Canceled Whidbey
Island, Project.--Of the amount authorized to be appropriated by section
2405(a) of that Act (113 Stat. 837), and paragraph (1) of that section,
$4,700,000 shall be available for purposes relating to construction of
the Portsmouth Naval Hospital, Virginia, as authorized by section
2401(a) of the Military Construction Authorization Act for Fiscal Years
1990 and 1991 (division B of Public Law 101 189; 103 Stat. 1640).
(c) Conforming Amendments.--Section 2405(b) of that Act (113 Stat.
839) is amended--
(1) in paragraph (2), by striking ``$115,000,000'' and inserting
``$197,000,000''; and
(2) in paragraph (3), by striking ``$184,000,000'' and inserting
``$231,230,000''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1999 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105 261; 112 Stat. 2193) is amended--
(1) under the agency heading relating to Chemical Demilitarization,
in the item relating to Aberdeen Proving Ground, Maryland, by striking
``$186,350,000'' in the amount column and inserting ``$223,950,000'';
and
(2) by striking the amount identified as the total in the amount
column and inserting ``$727,616,000''.
(b) Conforming Amendment.--Section 2404(b)(3) of that Act (112 Stat.
2196) is amended by striking ``$158,000,000'' and inserting
``$195,600,000''.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1995 PROJECT.
The table in section 2401 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), is amended under the agency heading relating to
Chemical Agents and Munitions Destruction, in the item relating to Pine
Bluff Arsenal, Arkansas, by striking ``$154,400,000'' in the amount
column and inserting ``$177,400,000''.
SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP FORWARD
OPERATING LOCATION ON ARUBA.
None of the funds appropriated under the heading `` military
construction, defense-wide '' in chapter 3 of title III of the Emergency
Supplemental Act, 2000 (Public Law 106 246; 114 Stat. 579), may be used
by the Secretary of Defense to develop any forward operating location on
the island of Aruba.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2001, 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 $162,600,000.
TITLE XXVI--GUARD AND RESERVE FACILITIES
Sec. 2601. Authorized guard and reserve construction and land
acquisition projects.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) In General.--There are authorized to be appropriated for fiscal
years beginning after September 30, 2001, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States, $393,253,000;
and
(B) for the Army Reserve, $168,969,000.
(2) For the Department of the Navy, for the Naval and Marine Corps
Reserve, $52,896,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $253,852,000; and
(B) for the Air Force Reserve, $73,032,000.
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 1999
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2704. Effective date.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2005.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds for fiscal
year 2005 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
1999 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105 261; 112 Stat. 2199), authorizations set forth in the
tables in subsection (b), as provided in section 2302 or 2601 of that
Act, shall remain in effect until October 1, 2002, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Air Force: Extension of 1999 Project Authorizations
State Installation or location Project Amount
Delaware lDover Air Force Base lReplace Family Housing (55 units) $8,998,000
Florida lPatrick Air Force Base lReplace Family Housing (46 units) $9,692,000
New Mexico lKirtland Air Force Base lReplace Family Housing (37 units) $6,400,000
Ohio lWright-Patterson Air Force Base lReplace Family Housing (40 units) $5,600,000
Army National Guard: Extension of 1999 Project Authorizations
State Installation or location Project Amount
Massachusetts Westfield lArmy Aviation Support Facility $9,274,000
South Carolina Spartanburg lReadiness Center $5,260,000
SEC. 2703. 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 and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the Spence Act;
114 Stat. 1654A 408), shall remain in effect until October 1, 2002, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Army: Extension of 1998 Project Authorization
State Installation or location Project Amount
Maryland lFort Meade lFamily Housing Construction (56 units) $7,900,000
Navy: Extension of 1998 Project Authorizations
State Installation or location Project Amount
California lNaval Complex, San Diego lReplace Family Housing (94 units) $13,500,000
California lMarine Corps Air Station, Miramar lFamily Housing Construction (166 units) $28,881,000
Louisiana lNaval Complex, New Orleans lReplace Family Housing (100 units) $11,930,000
Texas lNaval Air Station, Corpus Christi lFamily Housing Construction (212 units) $22,250,000
Air Force: Extension of 1998 Project Authorization
State Installation or location Project Amount
New Mexico lKirtland Air Force Base lReplace Family Housing (180 units) $20,900,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the
later of--
(1) October 1, 2001; 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. Increase in thresholds for certain unspecified minor
military construction projects.
Sec. 2802. Exclusion of unforeseen environmental hazard
remediation from limitation on authorized cost variations.
Sec. 2803. Repeal of annual reporting requirement on military
construction and military family housing activities.
Sec. 2804. Funds for housing allowances of members assigned to
military family housing under alternative authority for acquisition and
improvement of military housing.
Sec. 2805. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2806. Treatment of financing costs as allowable expenses
under contracts for utility services from utility systems conveyed under
privatization initiative.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2811. Use of military installations for certain recreational
activities.
Sec. 2812. Availability of proceeds of sales of Department of
Defense property from certain closed military installations.
Sec. 2813. Pilot program to provide additional tools for efficient
operation of military installations.
Sec. 2814. Demonstration program on reduction in long-term
facility maintenance costs.
Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas.
SUBTITLE C--IMPLEMENTATION OF PRIOR BASE CLOSURE AND REALIGNMENT ROUNDS
Sec. 2821. Lease back of base closure property.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm,
Anchorage, Alaska.
Sec. 2832. Lease authority, Fort DeRussy, Hawaii.
Sec. 2833. Modification of land exchange, Rock Island Arsenal, Illinois.
Sec. 2834. Land conveyance, Fort Des Moines, Iowa.
Sec. 2835. Modification of land conveyances, Fort Dix, New Jersey.
Sec. 2836. Land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2837. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2838. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin.
PART II--NAVY CONVEYANCES
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval
Station, Humboldt County, California.
Sec. 2842. Land conveyance, Port of Long Beach, California.
Sec. 2843. Conveyance of pier, Naval Base, San Diego, California.
Sec. 2844. Modification of authority for conveyance of Naval
Computer and Telecommunications Station, Cutler, Maine.
Sec. 2845. Land transfer and conveyance, Naval Security Group
Activity, Winter Harbor, Maine.
Sec. 2846. Land acquisition, Perquimans County, North Carolina.
Sec. 2847. Land conveyance, Naval Weapons Industrial Reserve
Plant, Toledo, Ohio.
Sec. 2848. Modification of land conveyance, former United States
Marine Corps Air Station, Eagle Mountain Lake, Texas.
PART III--AIR FORCE CONVEYANCES
Sec. 2851. Conveyance of avigation easements, former Norton Air
Force Base, California.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base,
Colorado.
Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2854. Conveyance of segment of Loring petroleum pipeline,
Maine, and related easements.
Sec. 2855. Land conveyance, petroleum terminal serving former
Loring Air Force Base and Bangor Air National Guard Base, Maine.
Sec. 2856. Land conveyances, certain former Minuteman III ICBM
facilities in North Dakota.
Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina.
Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett,
Washington.
SUBTITLE E--OTHER MATTERS
Sec. 2861. Management of the Presidio of San Francisco.
Sec. 2862. Transfer of jurisdiction for development of Air Force
morale, welfare, and recreation facility, Park City, Utah.
Sec. 2863. Alternate site for United States Air Force Memorial,
preservation of open space on Arlington Ridge tract, and related land
transfer at Arlington National Cemetery, Virginia.
Sec. 2864. Establishment of memorial to victims of terrorist
attack on Pentagon Reservation and authority to accept monetary
contributions for memorial and repair of Pentagon.
Sec. 2865. Repeal of limitation on cost of renovation of Pentagon
Reservation.
Sec. 2866. Development of United States Army Heritage and
Education Center at Carlisle Barracks, Pennsylvania.
Sec. 2867. Effect of limitation on construction of roads or
highways, Marine Corps Base, Camp Pendleton, California.
Sec. 2868. Establishment of World War II memorial at additional
location on Guam.
Sec. 2869. Demonstration project for purchase of fire, security,
police, public works, and utility services from local government
agencies.
Sec. 2870. Report on future land needs of United States Military
Academy, New York, and adjacent community.
Sec. 2871. Naming of Patricia C. Lamar Army National Guard
Readiness Center, Oxford, Mississippi.
Subtitle A--Military Construction Program and Military Family
Housing Changes
SEC. 2801. INCREASE IN THRESHOLDS FOR CERTAIN UNSPECIFIED
MINOR MILITARY CONSTRUCTION PROJECTS.
(a) Projects Requiring Advance Approval of Secretary
Concerned.--Subsection (b)(1) of section 2805 of title 10, United States
Code, is amended by striking ``$500,000'' and inserting ``$750,000''.
(b) Projects Using Amounts for Operation and Maintenance.--Subsection
(c)(1) of that section is amended--
(1) in subparagraph (A), by striking ``$1,000,000'' and inserting
``$1,500,000''; and
(2) in subparagraph (B), by striking ``$500,000'' and inserting
``$750,000''.
SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL HAZARD
REMEDIATION FROM LIMITATION ON AUTHORIZED COST VARIATIONS.
Subsection (d) of section 2853 of title 10, United States Code, is
amended to read as follows:
``(d) The limitation on cost increases in subsection (a) does not
apply to the following:
``(1) The settlement of a contractor claim under a contract.
``(2) The costs associated with the required remediation of an
environmental hazard in connection with a military construction project
or military family housing project, such as asbestos removal, radon
abatement, lead-based paint removal or abatement, or any other legally
required environmental hazard remediation, if the required remediation
could not have reasonably been anticipated at the time the project was
approved originally by Congress.''.
SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT ON MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING ACTIVITIES.
(a) Repeal.--Section 2861 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter III of chapter 169 of such title is amended by striking the
item relating to section 2861.
SEC. 2804. FUNDS FOR HOUSING ALLOWANCES OF MEMBERS ASSIGNED TO
MILITARY FAMILY HOUSING UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by inserting after section 2883 the following
new section:
``2883a. Funds for housing allowances of members of the armed
forces assigned to certain military family housing units
``(a) Authority to Transfer Funds to Cover Housing
Allowances.--During the fiscal year in which a contract is awarded for
the acquisition or construction of military family housing units under
this subchapter that are not to be owned by the United States, the
Secretary of Defense may transfer the amount determined under subsection
(b) with respect to such housing from appropriations available for
support of military housing for the armed force concerned for that
fiscal year to appropriations available for pay and allowances of
military personnel of that same armed force for that same fiscal year.
``(b) Amount Transferred.--The total amount authorized to be
transferred under subsection (a) in connection with a contract under
this subchapter may not exceed an amount equal to any additional amounts
payable during the fiscal year in which the contract is awarded to
members of the armed forces assigned to the acquired or constructed
housing units as basic allowance for housing under section 403 of title
37 that would not otherwise have been payable to such members if not for
assignment to such housing units.
``(c) Transfers Subject to Appropriations.--The transfer of funds
under the authority of subsection (a) is limited to such amounts as may
be provided in advance in appropriations Acts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that subchapter is amended by inserting after the item relating to
section 2883 the following new item:
``2883a. Funds for housing allowances of members of the armed
forces assigned to certain military family housing units.''.
SEC. 2805. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.
Section 2885 of title 10, United States Code, is amended by striking
``2004'' and inserting ``2012''.
SEC. 2806. TREATMENT OF FINANCING COSTS AS ALLOWABLE EXPENSES
UNDER CONTRACTS FOR UTILITY SERVICES FROM UTILITY SYSTEMS CONVEYED UNDER
PRIVATIZATION INITIATIVE.
(a) Evaluation of Federal Acquisition Regulation.--The Secretary of
Defense shall conduct an evaluation of the Federal Acquisition
Regulation to determine whether or not it is advisable to modify the
Federal Acquisition Regulation to provide that a contract for utility
services from a utility system conveyed under section 2688(a) of title
10, United States Code, may include terms and conditions that recognize
financing costs, such as return on equity and interest on debt, as an
allowable expense when incurred by the conveyee of the utility system to
acquire, operate, renovate, replace, upgrade, repair, or expand the
utility system. The Secretary shall complete the evaluation not later
than 90 days after the date of the enactment of this Act.
(b) Submission of Recommendation to Federal Acquisition Regulatory
Council.--If the Secretary determines under subsection (a) that it is
advisable to modify the Federal Acquisition Regulation to provide that a
contract described in such subsection may include terms and conditions
described in such subsection, the Secretary shall submit the results of
the evaluation to the Federal Acquisition Regulatory Council together
with a recommendation regarding the amendments to the Federal
Acquisition Regulation necessary to effectuate the modification.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN
RECREATIONAL ACTIVITIES.
(a) Waiver Authority.--Section 2671 of title 10, United States Code,
is amended--
(1) in subsection (b), by striking ``(b)'' and inserting ``(e)
Regulations.--'' and transferring the subsection to the end of the
section; and
(2) by inserting after subsection (a) the following new subsection
(b):
``(b) Waiver Authority.--(1) The Secretary of Defense may waive or
otherwise modify the fish and game laws of a State or Territory
otherwise applicable under subsection (a)(1) to hunting, fishing, or
trapping at a military installation or facility if the Secretary
determines that the application of such laws to such hunting, fishing,
or trapping without modification could result in undesirable
consequences for public health or safety at the installation or
facility. The authority to waive such laws includes the authority to
extend, but not reduce, the specified season for certain hunting,
fishing, or trapping. The Secretary may not waive the requirements under
subsection (a)(2) regarding a license for such hunting, fishing, or
trapping or any fee imposed by a State or Territory to obtain such a
license.
``(2) If the Secretary determines that a waiver of fish and game laws
of a State or Territory is appropriate under paragraph (1), the
Secretary shall provide written notification to the appropriate State or
Territory officials stating the reasons for, and extent of, the waiver.
The notification shall be provided at least 30 days before
implementation of the waiver.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting `` General Requirements for
Hunting, Fishing, and Trapping.--'' after ``(a)'';
(2) in subsection (c), by inserting `` Violations.--'' after
``(c)''; and
(3) in subsection (d), by inserting `` Relation to Treaty
Rights.--'' after ``(d)''.
SEC. 2812. AVAILABILITY OF PROCEEDS OF SALES OF DEPARTMENT OF
DEFENSE PROPERTY FROM CERTAIN CLOSED MILITARY INSTALLATIONS.
(a) Modification of Availability Percentages.--Subsection (h)(2) of
section 204 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 485) is amended by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) In the case of property located at a military installation
that is closed, such amount shall be available for facility maintenance
and repair or environmental restoration by the military department that
had jurisdiction over such property before the closure of the military
installation.
``(B) In the case of property located at any other military
installation--
``(i) 50 percent of such amount shall be available for facility
maintenance and repair or environmental restoration at the military
installation where such property was located before it was disposed of
or transferred; and
``(ii) 50 percent of such amount shall be available for facility
maintenance and repair and for environmental restoration by the military
department that had jurisdiction over such property before it was
disposed of or transferred.''.
(b) Relation to Other Laws.--Subsection (h) of such section is
further amended--
(1) in paragraph (1), by inserting ``pursuant to a base closure
law'' after ``realignment'' in the first sentence; and
(5) in paragraph (5), by inserting before the period at the end the
following: ``, and the term `base closure law' shall have the meaning
given that term in section 2667(h)(2) of such title''.
SEC. 2813. PILOT PROGRAM TO PROVIDE ADDITIONAL TOOLS FOR
EFFICIENT OPERATION OF MILITARY INSTALLATIONS.
(a) Initiative Authorized.--The Secretary of Defense may carry out a
pilot program (to be known as the ``Pilot Efficient Facilities
Initiative'') for purposes of determining the potential for increasing
the efficiency and effectiveness of the operation of military
installations.
(b) Designation of Participating Military Installations.--(1) The
Secretary of Defense may designate up to two military installations of
each military department for participation in the Initiative.
(2) Before designating a military installation under paragraph (1),
the Secretary shall consult with employees at the installation and
communities in the vicinity of the installation regarding the
Initiative.
(3) The Secretary shall transmit to Congress written notification of
the designation of a military installation to participate in the
Initiative not later than 30 days before taking any action to carry out
the Initiative at the installation. The notification shall include a
description of the steps taken by the Secretary to comply with paragraph
(2).
(c) Management Plan.--(1) As part of the notification required under
subsection (b), the Secretary of Defense shall submit a management plan
for the Initiative at the military installation designated in the
notification.
(2) The management plan for a designated military installation shall
include a description of--
(A) each proposed lease of real or personal property located at the
military installation;
(B) each proposed disposal of real or personal property located at
the installation;
(C) each proposed leaseback of real or personal property leased or
disposed of at the installation;
(D) each proposed conversion of services at the installation from
Federal Government performance to non-Federal Government performance,
including performance by contract with a State or local government or
private entity or performance as consideration for the lease or disposal
of property at the installation; and
(E) each other action proposed to be taken to improve mission
effectiveness and reduce the cost of providing quality installation
support at the installation.
(3) With respect to each proposed action described under paragraph
(2), the management plan shall include--
(A) an estimate of the savings expected to be achieved as a result
of the action;
(B) each regulation not required by statute that is proposed to be
waived to implement the action; and
(C) each statute or regulation required by statute that is proposed
to be waived to implement the action, including--
(i) an explanation of the reasons for the proposed waiver; and
(ii) a description of the action to be taken to protect the public
interests served by the statute or regulation, as the case may be, in
the event of the waiver.
(4) The management plan shall include measurable criteria for the
evaluation of the effects of the actions taken pursuant to the
Initiative at the designated military installation.
(d) Waiver of Statutory Requirements.--The Secretary of Defense may
waive any statute, or regulation required by statute, for purposes of
carrying out the Initiative only if specific authority for the waiver of
such statute or regulation is provided in a law that is enacted after
the date of the enactment of this Act.
(e) Installation Efficiency Initiative Fund.--(1) There is
established on the books of the Treasury a fund to be known as the
``Installation Efficiency Initiative Fund''.
(2) There shall be deposited in the Fund all cash rents, payments,
reimbursements, proceeds, and other amounts from leases, sales, or other
conveyances or transfers, joint activities, and other actions taken
under the Initiative.
(3) To the extent provided in advance in authorization Acts and
appropriations Acts, amounts in the Fund shall be available to the
Secretary of Defense for purposes of managing capital assets and
providing support services at military installations participating in
the Initiative. Amounts in the Fund may be used for such purposes in
addition to, or in combination with, other amounts authorized to
appropriated for such purposes. Amounts in the Fund shall be available
for such purposes for five years.
(4) Subject to applicable financial management regulations, the
Secretary shall structure the Fund, and provide administrative policies
and procedures, in order provide proper control of deposits in and
disbursements from the Fund.
(f) Report.--Not later than December 31, 2004, the Secretary of
Defense shall submit to Congress a report on the Initiative. The report
shall contain a description of the actions taken under the Initiative
and include such other information, including recommendations, as the
Secretary considers appropriate regarding the Initiative.
(g) Definitions.--In this section:
(1) The term ``Initiative'' means the Pilot Efficient Facilities
Initiative.
(2) The term ``Fund'' means the Installation Efficiency Initiative
Fund.
(3) The term ``military installation'' has the meaning given such
term in section 2687(e) of title 10, United States Code.
(h) Termination.--The authority of the Secretary of Defense to carry
out the Initiative shall terminate December 31, 2005.
SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM
FACILITY MAINTENANCE COSTS.
(a) Authority To Carry Out Program.--The Secretary of the Army may
conduct a demonstration program to assess the feasibility and
desirability of including facility maintenance requirements in
construction contracts for military construction projects for the
purpose of determining whether such requirements facilitate reductions
in the long-term facility maintenance costs of the military departments.
(b) Contracts.--Not more than three contracts entered into in any
year may contain requirements referred to in subsection (a) for the
purpose of the demonstration program. The demonstration program may only
cover contracts entered into on or after the date of the enactment of
this Act.
(c) Effective Period of Requirements.--The effective period of a
requirement referred to in subsection (a) that is included in a contract
for the purpose of the demonstration program may not exceed five years.
(d) Reporting Requirements.--Not later than January 31, 2005, the
Secretary of the Army shall submit to Congress a report on the
demonstration program, including the following:
(1) A description of all contracts that contain requirements
referred to in subsection (a) for the purpose of the demonstration
program.
(2) An evaluation of the demonstration program and a description of
the experience of the Secretary with respect to such contracts.
(3) Any recommendations, including recommendations for the
termination, continuation, or expansion of the demonstration program,
that the Secretary considers appropriate.
(e) Expiration.--The authority under subsection (a) to include
requirements referred to in that subsection in contracts under the
demonstration program shall expire on September 30, 2006.
(f) Funding.--Amounts authorized to be appropriated for the Army for
a fiscal year for military construction shall be available for the
demonstration program under this section in such fiscal year.
SEC. 2815. BASE EFFICIENCY PROJECT AT BROOKS AIR FORCE BASE, TEXAS.
(a) Administration of Project.--Section 136(m)(9) of the Military
Construction Appropriations Act, 2001 (division A of Public Law 106 246;
114 Stat. 524), is amended by striking ``, who shall be a civilian
official of the Department appointed by the President with the advice
and consent of the Senate''.
(b) Indemnification of Transferees.--Not later than March 1, 2002,
the Secretary of Defense shall submit to Congress a report evaluating
the base efficiency project conducted under section 136 of the Military
Construction Appropriations Act, 2001 (division A of Public Law 106 246;
114 Stat. 520). The evaluation shall address whether the disposal of
real property under subsection (e) or other provisions of that section
requires any additional authority for the Secretary beyond the authority
provided under existing law to hold harmless, defend, and indemnify the
recipients of the property against claims arising out of Department of
Defense activities on the property before disposal. If the Secretary
determines that inclusion of such an indemnity provision would
facilitate activities under the base efficiency project, the Secretary
shall include a recommendation in the report regarding the nature and
extent of the indemnification to be provided.
Subtitle C--Implementation of Prior Base Closure and Realignment Rounds
SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.
(a) 1988 Law.--Section 204(b)(4) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100 526; 10
U.S.C. 2687 note) is amended--
(1) by redesignating subparagraphs (E), (F), (G), (H), and (I) as
subparagraphs (F), (G), (H), (I), and (J), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E)(i) The Secretary may transfer real property at an installation
approved for closure or realignment under this title (including property
at an installation approved for realignment which will be retained by
the Department of Defense or another Federal agency after realignment)
to the redevelopment authority for the installation if the redevelopment
authority agrees to lease, directly upon transfer, one or more portions
of the property transferred under this subparagraph to the Secretary or
to the head of another department or agency of the Federal Government.
Subparagraph (B) shall apply to a transfer under this subparagraph.
``(ii) A lease under clause (i) shall be for a term of not to exceed
50 years, but may provide for options for renewal or extension of the
term by the department or agency concerned.
``(iii) A lease under clause (i) may not require rental payments by
the United States.
``(iv) A lease under clause (i) shall include a provision specifying
that if the department or agency concerned ceases requiring the use of
the leased property before the expiration of the term of the lease, the
remainder of the lease term may be satisfied by the same or another
department or agency of the Federal Government using the property for a
use similar to the use under the lease. Exercise of the authority
provided by this clause shall be made in consultation with the
redevelopment authority concerned.
``(v) Notwithstanding clause (iii), if a lease under clause (i)
involves a substantial portion of the installation, the department or
agency concerned may obtain facility services for the leased property
and common area maintenance from the redevelopment authority or the
redevelopment authority's assignee as a provision of the lease. The
facility services and common area maintenance shall be provided at a
rate no higher than the rate charged to non-Federal tenants of the
transferred property. Facility services and common area maintenance
covered by the lease shall not include--
``(I) municipal services that a State or local government is
required by law to provide to all landowners in its jurisdiction without
direct charge; or
``(II) firefighting or security-guard functions.''.
(b) 1990 Law.--Section 2905(b)(4)(E) 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 adding at the end the following new
clause:
``(v) Notwithstanding clause (iii), if a lease under clause (i)
involves a substantial portion of the installation, the department or
agency concerned may obtain facility services for the leased property
and common area maintenance from the redevelopment authority or the
redevelopment authority's assignee as a provision of the lease. The
facility services and common area maintenance shall be provided at a
rate no higher than the rate charged to non-Federal tenants of the
transferred property. Facility services and common area maintenance
covered by the lease shall not include--
``(I) municipal services that a State or local government is
required by law to provide to all landowners in its jurisdiction without
direct charge; or
``(II) firefighting or security-guard functions.''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, WHITTIER-ANCHORAGE PIPELINE TANK
FARM, ANCHORAGE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Port of Anchorage, an entity of the Municipality of Anchorage,
Alaska (in this section referred to as the ``Port''), all right, title,
and interest of the United States in and to two adjoining parcels of
real property, including any improvements thereon, consisting of
approximately 48 acres in Anchorage, Alaska, which are known as of the
Whittier-Anchorage Pipeline Tank Farm, for the purpose of permitting the
Port to use the parcels for economic development.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Port shall pay to the United States an amount, in
cash or in-kind, equal to not less than the fair market value of the
conveyed property, as determined by the Secretary. The Secretary may
authorize the Port to carry out, as in-kind consideration, environmental
remediation activities for the property to be conveyed.
(c) Time for Conveyance.--The Secretary may delay the conveyance
under subsection (a) until such time as the Army studies relating to the
Alaska deployment of the Interim Brigade Combat Team in Alaska are
completed.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Port.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2832. LEASE AUTHORITY, FORT DERUSSY, HAWAII.
(a) Lease Authorized.--Notwithstanding section 809 of the Military
Construction Authorization Act, 1968 (Public Law 90 110; 81 Stat. 309),
and section 2814(b) of the Military Construction Authorization Act, 1989
(Public Law 100 456; 102 Stat. 2117), the Secretary of the Army may
enter into a lease with the City and County of Honolulu, Hawaii, for the
purpose of making available to the City and County a parcel of real
property at Fort DeRussy, Hawaii, for the construction and operation of
a parking facility. The size and location of the parcel shall be
determined by the Secretary.
(b) Terms and Conditions.--The lease under subsection (a) may be for
such term of years, require such consideration, and contain such other
terms and conditions as the Secretary considers appropriate to protect
the interests of the United States.
(c) Relationship to Other Lease Authority.--Section 2667 of title 10,
United States Code, shall not apply to the lease under subsection (a).
(d) Disposition of Money Rentals.--All money rentals received
pursuant to the lease under subsection (a) shall be--
(1) retained by the Secretary;
(2) credited to an appropriation account that supports the operation
and maintenance of Fort DeRussy; and
(3) available for such purpose until expended.
SEC. 2833. MODIFICATION OF LAND EXCHANGE, ROCK ISLAND ARSENAL, ILLINOIS.
(a) Additional Conveyance Authorized.--Subsection (a) of section 2832
of the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106 65; 113 Stat. 857) is amended--
(1) by inserting ``(1)'' after `` Conveyance Authorized.--''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may convey to the City all right, title, and
interest of the United States in and to an additional parcel of real
property, including improvements thereon, at the Rock Island Arsenal
consisting of approximately .513 acres.''.
(b) Consideration.--Subsection (b) of such section is amended--
(1) by inserting ``(1)'' after `` Consideration.--'';
(2) by striking ``subsection (a)'' both places it appears and
inserting ``subsection (a)(1)''; and
(3) by adding at the end the following new paragraph:
``(2) As consideration for the conveyance under subsection (a)(2),
the City shall convey to the Secretary all right, title, and interest of
the City in and to a parcel of real property consisting of approximately
.063 acres and construct on the parcel, at the City's expense, a new
access ramp to the Rock Island Arsenal.''.
SEC. 2834. LAND CONVEYANCE, FORT DES MOINES, IOWA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Fort Des Moines Memorial Park, Inc., a
nonprofit organization (in this section referred to as the ``Memorial
Park''), all right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon, consisting of
approximately 4.6 acres located at Fort Des Moines United States Army
Reserve Center, Des Moines, Iowa, for the purpose of the establishment
of the Fort Des Moines Memorial Park and Education Center.
(b) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the Memorial Park use the
property for museum and park purposes.
(c) Reversion.--If the Secretary determines at any time that the real
property conveyed under subsection (a) is not being used for museum and
park purposes, all right, title, and interest in and to the real
property, including any improvements thereon, shall revert to the United
States, and the United States shall have the right of immediate entry
thereon.
(d) Reimbursement for Costs of Conveyance.--(1) The Memorial Park
shall reimburse the Secretary for the excess costs incurred by the
Secretary for any environmental assessment, study, or analysis, or for
any other excess costs incurred by the Secretary, in connection with the
conveyance authorized by this section, if the excess costs were incurred
as a result of a request by the Memorial Park. In this paragraph, the
term ``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10 United States Code, shall apply to
any amount received under this subsection.
(e) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Memorial Park.
(f) 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. MODIFICATION OF LAND CONVEYANCES, FORT DIX, NEW JERSEY.
Section 2835(c) of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105 85; 111 Stat. 2004) is
amended by adding at the end the following new paragraph:
``(3) Notwithstanding paragraph (1) or (2), the Borough and Board may
exchange between each other, without the consent of the Secretary, all
or any portion of the property conveyed under subsection (a) so long as
the property continues to be used by the grantees for economic
development or educational purposes.''.
SEC. 2836. LAND CONVEYANCE, ENGINEER PROVING GROUND, FORT
BELVOIR, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Commonwealth of Virginia (in this section referred to as the
``Commonwealth'') all right, title, and interest of United States in and
to two parcels of real property, including any improvements thereon,
located at the Engineer Proving Ground, Fort Belvoir, Virginia, as
follows:
(1) The parcel, consisting of approximately 170 acres, that is to be
used for construction of a portion of the Fairfax County Parkway.
(2) The parcel, consisting of approximately 11.45 acres, that is
subject to an easement previously granted to the Commonwealth as Army
easement DACA 31 3 96 440 for the construction of a portion of
Interstate Highway 95.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Commonwealth shall--
(1) design and construct, at its expense and for public benefit, the
portion of the Fairfax County Parkway through the Engineer Proving
Ground;
(2) provide a conceptual design for eventual incorporation and
construction by others of access into the Engineer Proving Ground at the
Rolling Road Interchange from Fairfax County Parkway as specified in
Virginia Department of Transportation Project #R000 029 249, C514;
(3) provide such easements or rights of way for utilities under or
across the Fairfax County Parkway as the Secretary considers appropriate
for the optimum development of the Engineer Proving Ground; and
(4) pay the United States an amount, jointly determined by the
Secretary and the Commonwealth, appropriate to cover the costs of
constructing a replacement building for building 5089 located on the
Engineer Proving Ground.
(c) Responsibility for Environmental Cleanup.--The Secretary shall
retain liability under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
any other applicable environmental statute or regulation, for any
environmental hazard on the property conveyed under subsection (a) as of
the date of the conveyance under that subsection.
(d) Acceptance and Disposition of Funds.--(1) The Secretary of the
Army may accept the funds paid by the Commonwealth as consideration
under subsection (b)(4) and shall credit the accepted funds to the
appropriation or appropriations that are appropriate for paying the
costs of the replacement of Building 5089, located on the Engineer
Proving Ground, Fort Belvoir, Virginia, consistent with paragraphs (2)
and (3) of this subsection.
(2) Funds accepted under paragraph (1) shall be available, until
expended, for the replacement of Building 5089.
(3) Funds appropriated pursuant to the authorization of
appropriations in section 301(a)(1), and funds appropriated pursuant to
the authorization of appropriations in section 2104(a)(4), shall be
available in accordance with section 2805 of title 10, United States
Code, for the excess, if any, of the cost of the replacement of Building
5089 over the amount available for such project under paragraph (2).
(e) Description of Property.--(1) The exact acreage and legal
description of the real property to be conveyed under subsection (a)(1)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Commonwealth.
(2) The exact acreage and legal description of the real property to
be conveyed under subsection (a)(2) are as set forth in Army easement
DACA 31 3 96 440.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2837. LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS, WASHINGTON.
(a) Exchange Authorized.--(1) The Secretary of the Army may convey to
the Nisqually Tribe, a federally recognized Indian tribe whose tribal
lands are located within the State of Washington, all right, title, and
interest of the United States in and to two parcels of real property,
including any improvements thereon, consisting of approximately 138
acres at Fort Lewis, Washington, in exchange for the real property
described in subsection (b).
(2) The property authorized for conveyance under paragraph (1) does
not include Bonneville Power Administration transmission facilities or
the right of way described in subsection (c).
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Nisqually Tribe shall--
(1) acquire from Thurston County, Washington, several parcels of
real property consisting of approximately 416 acres that are owned by
the county, are located within the boundaries of Fort Lewis, and are
currently leased by the Army; and
(2) convey fee title over the acquired property to the Secretary.
(c) Right-of-Way for Bonneville Power Administration.--The Secretary
may use the authority provided in section 2668 of title 10, United
States Code, to convey to the Bonneville Power Administration a
right-of-way that authorizes the Bonneville Power Administration to use
real property at Fort Lewis as a route for the Grand Coulee-Olympia and
Olympia-White River electric transmission lines and appurtenances for
the purpose of facilitating the removal of such transmission lines from
tribal lands of the Nisqually Tribe.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) and acquired
under subsection (b) shall be determined by surveys satisfactory to the
Secretary and the Nisqually Tribe. The cost of a survey shall be borne
by the recipient of the property being surveyed.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2838. LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE, WISCONSIN.
(a) Conveyance Authorized.--The Administrator of General Services may
convey, without consideration, to the City of Kewaunee, Wisconsin (in
this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of Federal real
property, including improvements thereon, that is located at 401 5th
Street in Kewaunee, Wisconsin, and contains a surplus Army Reserve
Center. After such conveyance, the property may be used and occupied
only by the City or by another local or State government entity approved
by the City.
(b) Reversionary Interest.--(1) During the 20-year period beginning
on the date the Administrator makes the conveyance under subsection (a),
if the Administrator determines that the conveyed property is not being
used and occupied in accordance with such subsection, all right, title,
and interest in and to the property, including any improvements thereon,
shall revert to the United States.
(2) Upon reversion, the Administrator shall immediately proceed to a
public sale of the property. The Administrator shall deposit the net
proceeds from the public sale in the land and water conservation fund
established under section 2 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C 460l 5).
(c) Additional Limitation on Use.--The property conveyed under
subsection (a) shall not be used for commercial purposes.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Administrator. The cost of
the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Administrator may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Administrator considers appropriate to
protect the interests of the United States.
PART II--NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE BEACH NAVAL
STATION, HUMBOLDT COUNTY, CALIFORNIA.
(a) Transfer Authorized.--The Secretary of the Navy may transfer,
without reimbursement, to the administrative jurisdiction of the
Secretary of the Interior the real property, including any improvements
thereon, consisting of the closed Centerville Beach Naval Station in
Humboldt County, California, for the purpose of permitting the Secretary
of the Interior to manage the real property as open space or for other
public purposes.
(b) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by a survey satisfactory to the Secretary of the Navy. The
cost of the survey shall be borne by the Secretary of the Interior.
(c) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
transfer under subsection (a) as the Secretary of the Navy considers
appropriate to protect the interests of the United States.
SEC. 2842. LAND CONVEYANCE, PORT OF LONG BEACH, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Long Beach, California, acting by and through its Board of
Harbor Commissioners (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to up to 11.08
acres of real property, including any improvements thereon, comprising a
portion of the Navy Mole at the former Long Beach Naval Complex, Long
Beach, California, for the purpose of permitting the City to use the
property to support the reuse of other former Navy property conveyed to
the City.
(b) Consideration.--(1) Subject to paragraph (2), as consideration
for the conveyance under subsection (a), the City shall--
(A) convey to the Secretary all right, title, and interest of the
City in and to a parcel of real property of equal size on the Mole that
is acceptable to the Secretary; and
(B) construct on the property conveyed under subparagraph (A)
suitable replacement fuel transfer and storage facilities for the Navy,
similar or equivalent to the facilities on the property to be conveyed
under subsection (a), as determined necessary by the Secretary.
(2) If the Secretary determines that replacement fuel transfer and
storage facilities are not required by the Navy, the Secretary may make
the conveyance under subsection (a) at no cost to the City.
(c) Time for Conveyance.--Unless the Secretary makes the
determination referred to in subsection (b)(2), the conveyance to the
City authorized by subsection (a) shall be made only after the Secretary
determines that the replacement fuel transfer and storage facilities
have been constructed and are ready for use.
(d) Construction Schedule.--The City shall construct the replacement
fuel transfer and storage facilities pursuant to such schedule and in
such a manner so as to not interrupt or otherwise adversely affect the
capability of the Navy to accomplish its mission.
(e) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsections (a) and (b) shall
be determined by surveys satisfactory to the Secretary. The City shall
be responsible for conducting the surveys.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2843. CONVEYANCE OF PIER, NAVAL BASE, SAN DIEGO, CALIFORNIA.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may convey,
without consideration, to the San Diego Aircraft Carrier Museum or its
designee (in this section referred to as the ``Museum'') all right,
title, and interest of the United States in and to the property known as
Pier 11A at Naval Base, San Diego, California, together with associated
structures and interests in the land underlying the pier, if any, for
the purpose of permitting the Museum to use the property to berth a
vessel and operate a museum for the general public.
(2) The Secretary may not make the conveyance until such time as the
Museum certifies that the Museum has acquired an interest in property
from the State of California or a political subdivision of the State to
facilitate the use of the conveyed pier to berth a vessel and operate a
museum for the general public.
(b) Assumption of Liability.--The Museum shall expressly accept any
and all liability pertaining to the physical condition of the property
conveyed under subsection (a) and shall hold the United States harmless
from any and all liability arising from the property's physical
condition.
(c) Reimbursement for Costs of Conveyance.--(1) The Museum shall
reimburse the Secretary for the excess costs incurred by the Secretary
for any environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance authorized by this section, if the excess costs were incurred
as a result of a request by the Museum. In this paragraph, the term
``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(d) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the survey shall
be borne by the Museum.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2844. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF NAVAL
COMPUTER AND TELECOMMUNICATIONS STATION, CUTLER, MAINE.
Section 2853(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A 430) is
amended by inserting ``any or'' before ``all right''.
SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP
ACTIVITY, WINTER HARBOR, MAINE.
(a) Transfer of Jurisdiction of Schoodic Point Property
Authorized.--(1) The Secretary of the Navy may transfer to the Secretary
of the Interior administrative jurisdiction of a parcel of real
property, including any improvements thereon and appurtenances thereto,
consisting of approximately 26 acres as generally depicted as Tract 15
116 on the map entitled ``Acadia National Park Schoodic Point Area'',
numbered 123/80,418 and dated May 2001. The map shall be on file and
available for inspection in the appropriate offices of the National Park
Service.
(2) The transfer authorized by this subsection shall occur, if at
all, concurrently with the reversion of administrative jurisdiction of a
parcel of real property consisting of approximately 71 acres, as
depicted as Tract 15 115 on the map referred to in paragraph (1), from
the Secretary of the Navy to the Secretary of the Interior as authorized
by Public Law 80 260 (61 Stat. 519) and to be executed on or about June
30, 2002.
(b) Conveyance of Corea and Winter Harbor Properties 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 any of the parcels of real
property, including any improvements thereon and appurtenances thereto,
consisting of approximately 485 acres and comprising the former
facilities of the Naval Security Group Activity, Winter Harbor, Maine,
located in Hancock County, Maine, less the real property described in
subsection (a)(1), for the purpose of economic redevelopment.
(c) Transfer of Personal Property.--The Secretary of the Navy may
transfer, without consideration, to the Secretary of the Interior in the
case of the real property transferred under subsection (a), or to any
recipient of such real property in the case of real property conveyed
under subsection (b), any or all personal property associated with the
real property so transferred or conveyed, including any personal
property required to continue the maintenance of the infrastructure of
such real property (including the generators for an uninterrupted power
supply in building 154 at the Corea site).
(d) Maintenance of Property Pending Conveyance.--(1) The Secretary of
the Navy shall maintain any real property, including any improvements
thereon, appurtenances thereto, and supporting infrastructure, to be
conveyed under subsection (b) in accordance with the protection and
maintenance standards specified in section 101 47.4913 of title 41, Code
of Federal Regulations, until the earlier of--
(A) the date of the conveyance of such real property under
subsection (b); or
(B) September 30, 2003.
(2) The requirement in paragraph (1) shall not be construed as
authority to improve the real property, improvements, and infrastructure
referred to in that paragraph so as to bring such real property,
improvements, or infrastructure into compliance with any zoning or
property maintenance codes or to repair any damage to such improvements
and infrastructure caused by natural accident or disaster.
(e) Interim Lease.--(1) Until such time as any parcel of real
property to be conveyed under subsection (b) is conveyed by deed under
that subsection, the Secretary of the Navy may lease such parcel to any
person or entity determined by the Secretary to be an appropriate lessee
of such parcel.
(2) The amount of rent for a lease under paragraph (1) shall be the
amount determined by the Secretary to be appropriate, and may be an
amount less than the fair market value of the lease.
(f) Reimbursement for Environmental and Other Assessments.--(1) The
Secretary of the Navy may require each recipient of real property
conveyed under subsection (b) to reimburse the Secretary for the excess
costs incurred by the Secretary for any environmental assessment, study,
or analysis carried out by the Secretary in connection with the
conveyance of such property, if the excess costs were incurred as a
result of a request by the recipient. In this paragraph, the term
``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance to the recipient.
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(g) Description of Property.--The exact acreage and legal description
of the real property transferred under subsection (a), and each parcel
of real property conveyed under subsection (b), shall be determined by a
survey satisfactory to the Secretary of the Navy. The cost of any survey
for real property conveyed under subsection (b) shall be borne by the
recipient of the real property.
(h) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with any
conveyance under subsection (b), and any lease under subsection (e), as
the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2846. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH CAROLINA.
The Secretary of the Navy may, using funds previously appropriated
for such purpose, acquire any and all right, title, and interest in and
to a parcel of real property, including improvements thereon, consisting
of approximately 240 acres, or any portion thereof, in Perquimans
County, North Carolina, for purposes of including such parcel in the
Harvey Point Defense Testing Activity, Hertford, North Carolina.
SEC. 2847. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, TOLEDO, OHIO.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may convey,
without consideration, to the Toledo-Lucas County Port Authority, Ohio
(in this section referred to as the ``Port Authority''), any or all
right, title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, consisting of
approximately 29 acres and comprising the Naval Weapons Industrial
Reserve Plant, Toledo, Ohio.
(2) The Secretary may include in the conveyance under paragraph (1)
such facilities, equipment, fixtures, and other personal property
located or based on the parcel conveyed under that paragraph, or used in
connection with the parcel, as the Secretary determines to be excess to
the Navy.
(b) Lease Authority.--Until such time as the real property described
in subsection (a)(1) is conveyed by deed, the Secretary may lease such
real property, and any personal property described in subsection (a)(2),
to the Port Authority in exchange for such security, fire protection,
and maintenance services as the Secretary considers appropriate.
(c) Conditions of Conveyance.--The conveyance under subsection (a),
and any lease under subsection (b), shall be subject to the conditions
that the Port Authority--
(1) accept the real and personal property concerned in their
condition at the time of the conveyance or lease, as the case may be;
and
(2) except as provided in subsection (d), use the real and personal
property concerned, whether directly or through an agreement with a
public or private entity, for economic development or such other public
purposes as the Port Authority considers appropriate.
(d) Subsequent Use.--(1) Subject to the approval of the Secretary,
the Port Authority may sublease real property or personal property
covered by a lease under subsection (b) to another person for economic
development or such other public purposes as the Port Authority
considers appropriate.
(2) Following the conveyance of real property under subsection (a),
the Port Authority may lease or reconvey the real property, and any
personal property conveyed with such real property under that
subsection, for economic development or such other public purposes as
the Port Authority considers appropriate.
(e) Reimbursement for Costs of Conveyance and Lease.--(1) The Port
Authority shall reimburse the Secretary for the excess costs incurred by
the Secretary for any environmental assessment, study, or analysis, or
for any other excess costs incurred by the Secretary, in connection with
the conveyance authorized by this section, if the excess costs were
incurred as a result of a request by the Port Authority. In this
paragraph, the term ``excess costs'' means costs in excess of those
costs considered reasonable and necessary by the Secretary to comply
with existing law to make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(f) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a)(1), and an
appropriate inventory or other description of the personal property to
be conveyed under subsection (a)(2), shall be determined by a survey and
other means satisfactory to the Secretary. The cost of the survey shall
be borne by the Port Authority.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a)(1), and any lease under subsection (b), as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2848. MODIFICATION OF LAND CONVEYANCE, FORMER UNITED
STATES MARINE CORPS AIR STATION, EAGLE MOUNTAIN LAKE, TEXAS.
Section 5 of Public Law 85 258 (71 Stat. 583) is amended by inserting
before the period at the end the following: ``or for the protection,
maintenance, and operation of other Texas National Guard facilities''.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. CONVEYANCE OF AVIGATION EASEMENTS, FORMER NORTON
AIR FORCE BASE, CALIFORNIA.
(a) Conveyance Required.--The Administrator of General Services shall
convey, without consideration, to the Inland Valley Development Agency
(the redevelopment authority for former Norton Air Force Base,
California) two avigation easements (identified as APN 289 231 08 and
APN 289 232 08) held by the United States.
(b) Condition of Conveyance.--The conveyance required by subsection
(a) shall be subject to the condition that, if the recipient sells one
or both of the easements conveyed under subsection (a), the recipient
shall pay to the United States an amount equal to the lesser of--
(1) the sale price of the easement; or
(2) the fair market value of the easement.
(c) Duration of Condition.--The condition specified in subsection (b)
shall apply only to a conveyance that occurs during the 10-year period
beginning on the date the Administrator makes the conveyance required by
subsection (a).
SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY AIR FORCE
BASE, COLORADO.
The Secretary of the Air Force shall reevaluate the terms and
conditions of the pending negotiated sale agreement with the Lowry
Redevelopment Authority for certain real property at Lowry Air Force
Base, Colorado, in light of changed circumstances regarding the
property, including changes in the flood plain designations affecting
some of the property, to determine whether the changed circumstances
warrant a reduction in the amount of consideration otherwise required
under the agreement or other modifications to the agreement.
SEC. 2853. WATER RIGHTS CONVEYANCE, ANDERSEN AIR FORCE BASE, GUAM.
(a) Authority To Convey.--In conjunction with the conveyance of the
water supply system for Andersen Air Force Base, Guam, under the
authority of section 2688 of title 10, United States Code, and in
accordance with all the requirements of that section, the Secretary of
the Air Force may convey all right, title, and interest of the United
States, or such lesser estate as the Secretary considers appropriate to
serve the interests of the United States, in the water rights related to
the following Air Force properties located on Guam:
(1) Andy South, also known as the Andersen Administrative Annex.
(2) Marianas Bonins Base Command.
(3) Andersen Water Supply Annex, also known as the Tumon Water Well
or the Tumon Maui Well.
(b) Additional Requirements.--The Secretary may exercise the
authority contained in subsection (a) only if the Secretary--
(1) determines that adequate supplies of potable groundwater exist
under the main base and northwest field portions of Andersen Air Force
Base to meet the current and long-term requirements of the installation
for water;
(2) determines that such supplies of groundwater are economically
obtainable; and
(3) requires the conveyee of the water rights under subsection (a)
to provide a water system capable of meeting the water supply needs of
the main base and northwest field portions of Andersen Air Force Base,
as determined by the Secretary.
(c) Interim Water Supplies.--If the Secretary determines that it is
in the best interests of the United States to transfer title to the
water rights and utility systems at Andy South and Andersen Water Supply
Annex before placing into service a replacement water system and well
field on Andersen Air Force Base, the Secretary may require that the
United States have the primary right to all water produced from Andy
South and Andersen Water Supply Annex until the replacement water system
and well field is placed into service and operates to the satisfaction
of the Secretary. In exercising the authority provided by this
subsection, the Secretary may retain a reversionary interest in the
water rights and utility systems at Andy South and Andersen Water Supply
Annex until such time as the replacement water system and well field is
placed into service and operates to the satisfaction of the Secretary.
(d) Sale of Excess Water Authorized.--(1) As part of the conveyance
of water rights under subsection (a), the Secretary may authorize the
conveyee of the water system to sell to public or private entities such
water from Andersen Air Force Base as the Secretary determines to be
excess to the needs of the United States. In the event the Secretary
authorizes the conveyee to resell water, the Secretary shall negotiate a
reasonable return to the United States of the value of such excess water
sold by the conveyee, which return the Secretary may receive in the form
of reduced charges for utility services provided by the conveyee.
(2) If the Secretary cannot meet the requirements of subsection (b),
and the Secretary determines to proceed with a water utility system
conveyance under section 2688 of title 10, United States Code, without
the conveyance of water rights, the Secretary may provide in any such
conveyance that the conveyee of the water system may sell to public or
private entities such water from Andy South and Andersen Water Supply
Annex as the Secretary determines to be excess to the needs of the
United States. The Secretary shall negotiate a reasonable return to the
United States of the value of such excess water sold by the conveyee,
which return the Secretary may receive in the form of reduced charges
for utility services provided by the conveyee.
(e) Treatment of Water Rights.--For purposes of section 2688 of title
10, United States Code, the water rights referred to in subsection (a)
shall be considered as part of a utility system (as that term is defined
in subsection (h)(2) of such section).
SEC. 2854. CONVEYANCE OF SEGMENT OF LORING PETROLEUM PIPELINE,
MAINE, AND RELATED EASEMENTS.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Loring Development Authority,
Maine (in this section referred to as the ``Authority''), all right,
title, and interest of the United States in and to the segment of the
Loring Petroleum (POL) Pipeline, Maine, consisting of approximately 27
miles in length and running between the Searsport terminal and Bangor
Air National Guard Base.
(b) Related Easements.--As part of the conveyance authorized by
subsection (a), the Secretary may convey to the Authority, without
consideration, all right, title, and interest of the United States in
and to any easements or rights-of-way necessary for the operation or
maintenance of the segment of pipeline conveyed under that subsection.
(c) Reimbursement for Costs of Conveyance.--(1) The Authority shall
reimburse the Secretary for the excess costs incurred by the Secretary
for any environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance authorized by this section, if the excess costs were incurred
as a result of a request by the Authority. In this paragraph, the term
``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(d) Description of Property.--The exact acreage and legal description
of the segment of pipeline conveyed under subsection (a), and of any
easements or rights-of-way conveyed under subsection (b), shall be
determined by surveys and other means satisfactory to the Secretary. The
cost of any survey or other services performed at the direction of the
Secretary under the preceding sentence shall be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2855. LAND CONVEYANCE, PETROLEUM TERMINAL SERVING FORMER
LORING AIR FORCE BASE AND BANGOR AIR NATIONAL GUARD BASE, MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to the Maine Port Authority of the State of Maine (in this
section referred to as the ``Authority'') all right, title, and interest
of the United States in and to the Petroleum Terminal (POL) at Mack
Point, Searsport, Maine, which served former Loring Air Force Base and
Bangor Air National Guard Base, Maine.
(2) The conveyance under paragraph (1) may include the following:
(A) A parcel of real property, including any improvements thereon,
consisting of approximately 20 acres and comprising a portion of the
Petroleum Terminal.
(B) Any additional fuel tanks, other improvements, and equipment
located on the 43-acre parcel of property adjacent to the property
described in subparagraph (A), and leased by the Secretary as of the
date of the enactment of this Act, which constitutes the remaining
portion of the Petroleum Terminal.
(b) Condition of Conveyance.--The Secretary may not make the
conveyance under subsection (a) unless the Authority agrees to utilize
the property to be conveyed under that subsection solely for economic
development purposes.
(c) Consideration.--(1) As consideration for the conveyance under
subsection (a), the Authority shall lease to the Secretary approximately
one acre of the real property conveyed under that subsection, together
with any improvements thereon, that constitutes the Aerospace Fuels
Laboratory (also known as Building 14).
(2) The real property leased under this subsection shall include the
parking lot, outbuildings, and other improvements associated with the
Aerospace Fuels Laboratory and such easements of ingress and egress to
the real property, including easements for utilities, as are required
for the operations of the Aerospace Fuels Laboratory.
(3) As part of the lease of real property under this subsection, the
Authority shall maintain around the real property for the term of the
lease a zone, not less than 75 feet in depth, free of improvements or
encumbrances.
(4) The lease under this subsection shall be without cost to the
United States.
(5) The term of the lease under this subsection may not exceed 25
years. If operations at the Aerospace Fuels Laboratory cease before the
expiration of the term of the lease otherwise provided for under this
subsection, the lease shall be deemed to have expired upon the cessation
of such operations.
(d) Conveyance Contingent on Expiration of Lease of Fuel Tanks.--The
Secretary may not make the conveyance under subsection (a) until the
expiration of the lease referred to in paragraph (2)(B) of that
subsection.
(e) Reimbursement for Costs of Conveyance.--(1) The Authority shall
reimburse the Secretary for the excess costs incurred by the Secretary
for any environmental assessment, study, or analysis, or for any other
excess costs incurred by the Secretary, in connection with the
conveyance authorized by this section, if the excess costs were incurred
as a result of a request by the Authority. In this paragraph, the term
``excess costs'' means costs in excess of those costs considered
reasonable and necessary by the Secretary to comply with existing law to
make the conveyance authorized by subsection (a).
(2) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(f) Description of Property.--The exact acreage and legal description
of the real property conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the survey shall
be borne by the Authority.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a), and the lease under subsection (c), as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2856. LAND CONVEYANCES, CERTAIN FORMER MINUTEMAN III ICBM
FACILITIES IN NORTH DAKOTA.
(a) Conveyances Authorized.--(1) The Secretary of the Air Force may
convey, without consideration, to the State Historical Society of North
Dakota (in this section referred to as the ``Historical Society'') all
right, title, and interest of the United States in and to parcels of
real property, together with any improvements thereon, of the Minuteman
III ICBM facilities of the former 321st Missile Group at Grand Forks Air
Force Base, North Dakota, as follows:
(A) The parcel consisting of the launch facility designated
``November 33''.
(B) The parcel consisting of the missile alert facility and launch
control center designated ``Oscar-O''.
(2) The purpose of the conveyance of the facilities is to provide for
the establishment of an historical site allowing for the preservation,
protection, and interpretation of the facilities.
(b) Consultation.--The Secretary shall consult with the Secretary of
State and the Secretary of Defense in order to ensure that the
conveyances required by subsection (a) are carried out in accordance
with applicable treaties.
(c) Historical Site.--The Secretary may, in cooperation with the
Historical Society, enter into one or more cooperative agreements with
appropriate public or private entities or individuals in order to
provide for the establishment and maintenance of the historic site
referred to in subsection (a)(2).
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2857. LAND CONVEYANCES, CHARLESTON AIR FORCE BASE, SOUTH CAROLINA.
(a) Conveyance to State of South Carolina Authorized.--The Secretary
of the Air Force may convey, without consideration, to the State of
South Carolina (in this section referred to as the ``State''), all
right, title, and interest of the United States in and to a portion (as
determined under subsection (c)) of the real property, including any
improvements thereon, consisting of approximately 24 acres at Charleston
Air Force Base, South Carolina, and comprising the Air Force Family
Housing Annex. The purpose of the conveyance is to facilitate the
Remount Road Project.
(b) Conveyance to City of North Charleston Authorized.--The Secretary
may convey, without consideration, to the City of North Charleston,
South Carolina (in this section referred to as the ``City''), all right,
title, and interest of the United States in and to a portion (as
determined under subsection (c)) of the real property, including any
improvements thereon, referred to in subsection (a). The purpose of the
conveyance is to permit the use of the property by the City for
municipal purposes.
(c) Determination of Portions of Property To Be Conveyed.--(1)
Subject to paragraph (2), the Secretary, the State, and the City shall
jointly determine the portion of the property referred to in subsection
(a) that is to be conveyed to the State under subsection (a) and the
portion of the property that is to be conveyed to the City under
subsection (b).
(2) In determining under paragraph (1) the portions of property to be
conveyed under this section, the portion to be conveyed to the State
shall be the minimum portion of the property required by the State for
the purpose specified in subsection (a), and the portion to be conveyed
to the City shall be the balance of the property.
(d) Limitation on Conveyances.--The Secretary may not carry out the
conveyance of property authorized by subsection (a) or (b) until the
completion of an assessment of environmental contamination of the
property authorized to be conveyed by such subsection for purposes of
determining responsibility for environmental remediation of such
property.
(e) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsections (a) and (b) shall
be determined by surveys satisfactory to the Secretary. The cost of the
survey for the property to be conveyed under subsection (a) shall be
borne by the State, and the cost of the survey for the property to be
conveyed under subsection (b) shall be borne by the City.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyances under
subsections (a) and (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2858. TRANSFER OF JURISDICTION, MUKILTEO TANK FARM,
EVERETT, WASHINGTON.
(a) Transfer Authorized.--The Secretary of the Air Force shall
transfer, without reimbursement, to the Secretary of Commerce
administrative jurisdiction over a parcel of real property, including
improvements thereon, consisting of approximately 1.1 acres located at
the Mukilteo Tank Farm in Everett, Washington, and containing the
Mukilteo Research Center facility of the National Marine Fisheries
Service.
(b) Time for Conveyance.--The Secretary of the Air Force shall make
the transfer under subsection (a) at the same time that the Secretary
makes the conveyance authorized by section 2866 of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A 436).
(c) Exchange.--With the consent of the Port Authority for Everett,
Washington, the Secretary of Commerce may exchange with the Port
Authority all or any portion of the property transferred under
subsection (a) for a parcel of real property of equal area at the
Mukilteo Tank Farm that is owned by the Port Authority.
(d) Administration.--The Secretary of Commerce shall administer the
property transferred under subsection (a) or received under subsection
(c) through the Administrator of the National Oceanic and Atmospheric
Administration as part of the Administration. The Administrator shall
use the property as the location of a research facility, and may
construct a new facility on the property for such research purposes as
the Administrator considers appropriate.
(e) Effect of Failure to Utilize Transferred Property.--(1) If, after
the 12-year period beginning on the date of the enactment of this Act,
the Administrator is not using any portion of the property transferred
under subsection (a) or received under subsection (c) for the purpose
specified in subsection (d), the Administrator shall convey, without
consideration, to the Port Authority for Everett, Washington, all right,
title, and interest in and to such portion of the real property,
including improvements thereon.
(2) The Port Authority shall use any real property conveyed to the
Port Authority under this subsection for development and operation of a
port facility and for other public purposes.
(f) Legal Description.--The exact acreage and legal description of
the real property to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the Air Force.
The cost of the survey shall be borne by the Secretary of Commerce.
(g) Additional Terms and Conditions.--The Secretary of the Air Force
may require such additional terms and conditions in connection with the
transfer under subsection (a) as the Secretary of the Air Force
considers appropriate to protect the interests of the United States.
(h) Conforming Amendment.--Section 2866(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A 436) is amended by striking ``22 acres'' and
inserting ``20.9 acres''.
Subtitle E--Other Matters
SEC. 2861. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO.
(a) Authority to Lease Certain Housing Units for Use as Army
Housing.--Title I of division I of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104 333; 16 U.S.C. 460bb note) is
amended by adding at the end the following new section:
``SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING
UNITS WITHIN THE PRESIDIO.
``(a) Availability of Housing Units for Long-Term Army
Lease.--Subject to subsection (c), the Trust shall make available for
lease, to those persons designated by the Secretary of the Army and for
such length of time as requested by the Secretary of the Army, 22
housing units located within the Presidio that are under the
administrative jurisdiction of the Trust and specified in the agreement
between the Trust and the Secretary of the Army in existence as of the
date of the enactment of this section.
``(b) Lease Amount.--The monthly amount charged by the Trust for the
lease of a housing unit under this section shall be equivalent to the
monthly rate of the basic allowance for housing that the occupant of the
housing unit is entitled to receive under section 403 of title 37,
United States Code.
``(c) Condition on Continued Availability of Housing
Units.--Effective after the end of the four-year period beginning on the
date of the enactment of this section, the Trust shall have no
obligation to make housing units available under subsection (a) unless,
during that four-year period, the Secretary of the Treasury purchases
new obligations of at least $80,000,000 issued by the Trust under
section 104(d)(2). In the event that this condition is not satisfied,
the existing agreement referred to in subsection (a) shall be renewed on
the same terms and conditions for an additional five years.''.
(b) Increased Borrowing Authority and Technical
Corrections.--Paragraphs (2) and (3) of section 104(d) of title I of
division I of the Omnibus Parks and Public Lands Management Act of 1996,
as amended by section 334 of appendix C of Public Law 106 113 (113 Stat.
1501A 198) and amended and redesignated by section 101(13) of Public Law
106 176 (114 Stat. 25), are amended--
(1) in paragraph (2), by striking ``including a review of the
creditworthiness of the loan and establishment of a repayment
schedule,'' the second place it appears; and
(2) in paragraph (3)--
(A) by striking ``$50,000,000'' and inserting ``$150,000,000''; and
(B) by striking ``paragraph (3) of''.
SEC. 2862. TRANSFER OF JURISDICTION FOR DEVELOPMENT OF AIR
FORCE MORALE, WELFARE, AND RECREATION FACILITY, PARK CITY, UTAH.
(a) Transfer Authorized.--(1) The Secretary of the Interior may
transfer, without reimbursement, to the administrative jurisdiction of
the Secretary of the Air Force a parcel of real property in Park City,
Utah, including any improvements thereon, that consists of approximately
35 acres, is located on the north side of State highway 248 in township
2 south, range 4 east, Salt Lake meridian, and is designated as parcel 3
by the Bureau of Land Management. The real property to be transferred
under this paragraph does not include any lands located on the south
side of State highway 248.
(2) The transfer shall be subject to existing rights, except that the
Secretary of the Interior shall terminate any lease with respect to the
parcel issued under the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act; 43 U.S.C. 689 et seq.), and still in
effect as of the date of the enactment of this Act.
(b) Use of Transferred Land.--(1) The Secretary of the Air Force may
use the real property transferred under subsection (a) as the location
for an Air Force morale, welfare, and recreation facility to be
developed using nonappropriated funds.
(2) The Secretary of the Air Force may return the transferred
property (or property acquired in exchange for the transferred property
under subsection (c)) to the administrative jurisdiction of the
Secretary of the Interior at any time upon certifying that development
of the morale, welfare, and recreation facility would not be in the best
interests of the Government.
(c) Subsequent Conveyance Authority.--(1) In lieu of developing the
Air Force morale, welfare, and recreation facility on the real property
transferred under subsection (a), the Secretary of the Air Force may
convey or lease the property to the State of Utah, a local government,
or a private entity in exchange for other property to be used as the
site of the facility.
(2) The values of the properties exchanged by the Secretary under
this subsection either shall be equal, or if they are not equal, the
values shall be equalized by the payment of money to the grantor or to
the Secretary as the circumstances require. The conveyance or lease
shall be on such other terms as the Secretary of the Air Force considers
to be advantageous to the development of the facility.
(d) Alternative Development Authority.--The Secretary of the Air
Force may lease the real property transferred under subsection (a), or
any property acquired pursuant to subsection (c), to another party and
may enter into a contract with the party for the design, construction,
and operation of the Air Force morale, welfare, and recreation facility.
The Secretary of the Air Force may authorize the contractor to operate
the facility as both a military and a commercial operation if the
Secretary determines that such an authorization is a necessary incentive
for the contractor to agree to design, construct, and operate the
facility.
(e) Legal Description.--The exact acreage and legal description of
the real property to be transferred under subsection (a) shall be
determined by a survey. The cost of the survey shall be borne by the
Secretary of the Air Force.
SEC. 2863. ALTERNATE SITE FOR UNITED STATES AIR FORCE
MEMORIAL, PRESERVATION OF OPEN SPACE ON ARLINGTON RIDGE TRACT, AND
RELATED LAND TRANSFER AT ARLINGTON NATIONAL CEMETERY, VIRGINIA.
(a) Definitions.--In this section:
(1) The term ``Arlington Naval Annex'' means the parcel of Federal
land located in Arlington County, Virginia, that is subject to transfer
to the administrative jurisdiction of the Secretary of the Army under
section 2881 of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106 65; 113 Stat. 879).
(2) The term ``Foundation'' means the Air Force Memorial Foundation,
which was authorized in Public Law 103 163 (107 Stat. 1973; 40 U.S.C.
1003 note) to establish a memorial in the District of Columbia or its
environs to honor the men and women who have served in the United States
Air Force and its predecessors.
(3) The term ``Air Force Memorial'' means the United States Air
Force Memorial to be established by the Foundation.
(4) The term ``Arlington Ridge tract'' means the parcel of Federal
land in Arlington County, Virginia, known as the Nevius Tract and
transferred to the Department of the Interior in 1953, that is bounded
generally by--
(A) Arlington Boulevard (United States Route 50) to the north;
(B) Jefferson Davis Highway (Virginia Route 110) to the east;
(C) Marshall Drive to the south; and
(D) North Meade Street to the west.
(5) The term ``Section 29'' means a parcel of Federal land in
Arlington County, Virginia, that is currently administered by the
Secretary of the Interior within the boundaries of Arlington National
Cemetery and is identified as ``Section 29''.
(b) Use of Arlington Naval Annex as Site for Air Force Memorial.--
(1) Availability of site.--The Secretary of Defense shall make
available to the Foundation, without reimbursement, up to three acres of
the Arlington Naval Annex, which the Foundation shall use as the
location for the Air Force Memorial in lieu of any previously approved
location for the Air Force Memorial. The land made available shall
include the promontory adjacent to, and the land underlying, Wing 8 of
Federal Office Building #2 in the northeast quadrant of the Arlington
Naval Annex.
(2) Exception.--The requirement to use the land made available under
paragraph (1) as the location for the Air Force Memorial, and the
prohibition on the use of any previously approved location, shall not
apply if the Secretary of Defense determines that it is physically
impracticable to construct the Air Force Memorial on such land on
account of the geological nature of the land.
(3) Relation to other transfer authority.--Not later than six months
after the date of the enactment of this Act, the Secretary of Defense
shall transfer to the Secretary of the Army administrative jurisdiction
over the Arlington Naval Annex site made available under this subsection
for construction of the Air Force Memorial. Nothing in this subsection
alters the deadline for transfer of the remainder of the Arlington Naval
Annex to the Secretary of the Army and remediation of the transferred
land for use as part of Arlington National Cemetery, as required by
section 2881 of the Military Construction Authorization Act for Fiscal
Year 2000.
(c) Site Preparation.--
(1) Preparation for construction.--Upon receipt of notification from
the Foundation that the Foundation has sufficient funds to commence
construction of the Air Force Memorial, the Secretary of Defense, in
coordination with the Foundation, shall remove Wing 8 of Federal Office
Building #2 at the Arlington Naval Annex, as well as its associated
outbuilding and parking lot, and prepare the land made available under
subsection (b) for construction of the Air Force Memorial. In addition
to demolition and removal, such site preparation work may include
environmental remediation, installation of water, sewer, telephone,
electrical, and storm water management infrastructure necessary for the
memorial, installation of sidewalks consistent with the design of the
memorial compliant with the requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the placement of
screening berms and mature evergreen trees between Federal Office
Building #2 and the memorial.
(2) Completion.--Not later than two years after the date on which
the Foundation provides the notification referred to in paragraph (1),
the Secretary of Defense shall complete the demolition and removal of
the structures and such site preparation work as the Secretary agrees to
undertake under this subsection.
(3) Funding source.--The Secretary of Defense shall use amounts
appropriated for operation and maintenance to carry out the demolition
and removal work and site preparation described in paragraph (1).
(4) Assistance for displaced agency.--The Secretary of the Army
shall serve as the Executive Agent for the Ballistic Missile Defense
Organization in securing suitable sites, including, if necessary, sites
not currently owned by the United States, to replace offices lost as a
result of the demolition of Wing 8 of Federal Office Building #2 at the
Arlington Naval Annex.
(d) Construction of Air Force Memorial.--
(1) Commencement.--Upon the demolition and removal of the structures
required to be removed under subsection (c)(1), the Secretary of Defense
shall permit the Foundation to commence construction of the Air Force
Memorial on the Arlington Naval Annex site made available under
subsection (b).
(2) Oversight.--The Secretary of Defense shall have exclusive
authority in all matters relating to approval of the siting and design
of the Air Force Memorial on the Arlington Naval Annex site, and the
siting, design, and construction of the memorial on such site shall not
be subject to the requirements of the Commemorative Works Act (40 U.S.C.
1001 et seq.).
(3) Effect of failure to commence construction.--If, within five
years after the date of the enactment of this Act, the Foundation has
not commenced construction of the Air Force Memorial on the Arlington
Naval Annex site made available under subsection (b), the Secretary of
Defense may revoke the authority of the Foundation to use the site as
the location of the memorial.
(e) Access and Management of Air Force Memorial.--The Secretary of
the Army may enter into a cooperative agreement with the Foundation to
provide for management, maintenance, and repair of the Air Force
Memorial constructed on the Arlington Naval Annex site made available
under subsection (b) and to guarantee public access to the memorial.
(f) Limitation on Use of Arlington Naval Annex as Site for Other
Memorials or Museums.--Section 2881(b) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106 65;
113 Stat. 879) is amended by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) The Secretary of Defense shall reserve not more than four acres
of the Navy Annex property south of the existing Columbia Pike as a site
for--
``(A) a National Military Museum, if such site is recommended for
such purpose by the Commission on the National Military Museum
established under section 2901 and the Secretary of Defense considers
such site compatible with Arlington National Cemetery and the Air Force
Memorial; or
``(B) such other memorials or museums that the Secretary of Defense
considers compatible with Arlington National Cemetery and the Air Force
Memorial.''.
(g) Preservation of Arlington Ridge Tract.--
(1) General rule.--After the date of the enactment of this Act, no
additional structure or memorials shall be constructed on the Arlington
Ridge tract.
(2) Option for future burials.--Paragraph (1) does not prohibit the
eventual use of a portion of the Arlington Ridge tract as a location for
in-ground burial sites and columbarium for the burial of individuals
eligible for burial in Arlington National Cemetery, if the development
of such sites is specifically authorized in a law enacted after the date
of the enactment of this Act.
(h) Land Transfer, Section 29.--
(1) Transfer required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Interior shall transfer,
without reimbursement, to the Secretary of the Army administrative
jurisdiction over that portion of Section 29 designated as the interment
zone and consisting of approximately 12 acres. The Secretary of the
Interior shall modify the boundaries of the George Washington Memorial
Parkway as may be necessary to reflect the land transfer required by
this subsection.
(2) Use of transferred land.--The Secretary of the Army shall use
the transferred property for the development of in-ground burial sites
and columbarium that are designed to meet the contours of Section 29.
(3) Management of remainder.--The Secretary of the Interior shall
manage that portion of Section 29 not transferred under this subsection
in perpetuity to provide a natural setting and visual buffer for
Arlington House, the Robert E. Lee Memorial.
(4) Repeal of obsolete law.--Section 2821(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104 201; 110 Stat. 2791) is repealed.
SEC. 2864. ESTABLISHMENT OF MEMORIAL TO VICTIMS OF TERRORIST
ATTACK ON PENTAGON RESERVATION AND AUTHORITY TO ACCEPT MONETARY
CONTRIBUTIONS FOR MEMORIAL AND REPAIR OF PENTAGON.
(a) Memorial Authorized.--The Secretary of Defense may establish a
memorial at the Pentagon Reservation dedicated to the victims of the
terrorist attack on the Pentagon that occurred on September 11, 2001.
The Secretary shall use necessary amounts in the Pentagon Reservation
Maintenance Revolving Fund established by section 2674(e) of title 10,
United States Code, including amounts deposited in the Fund under
subsection (c), to plan, design, construct, and maintain the memorial.
(b) Acceptance of Contributions.--The Secretary of Defense may accept
monetary contributions made for the purpose of assisting in--
(1) the establishment of the memorial to the victims of the
terrorist attack; and
(2) the repair of the damage caused to the Pentagon Reservation by
the terrorist attack.
(c) Deposit of Contributions.--The Secretary of Defense shall deposit
contributions accepted under subsection (b) in the Pentagon Reservation
Maintenance Revolving Fund. The contributions shall be available for
expenditure only for the purposes specified in subsection (b).
SEC. 2865. REPEAL OF LIMITATION ON COST OF RENOVATION OF
PENTAGON RESERVATION.
Section 2864 of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104 201; 110 Stat. 2806) is
repealed.
SEC. 2866. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND
EDUCATION CENTER AT CARLISLE BARRACKS, PENNSYLVANIA.
(a) Authority To Enter into Agreement.--(1) The Secretary of the Army
may enter into an agreement with the Military Heritage Foundation, a
nonprofit organization, for the design, construction, and operation of a
facility for the United States Army Heritage and Education Center at
Carlisle Barracks, Pennsylvania (in this section referred to as the
``facility'').
(2) The facility is to be used for curation and storage of artifacts,
research facilities, classrooms, and offices, and for education and
other activities, agreed to by the Secretary, relating to the heritage
of the Army. The facility may also be used to support such education and
training as the Secretary considers appropriate.
(b) Design and Construction.--The design of the facility shall be
subject to the approval of the Secretary. At the election of the
Secretary, the Secretary may--
(1) accept funds from the Military Heritage Foundation for the
design and construction of the facility; or
(2) permit the Military Heritage Foundation to contract for the
design and construction of the facility.
(c) Acceptance of Facility.--(1) Upon satisfactory completion, as
determined by the Secretary, of the facility, and upon the satisfaction
of any and all financial obligations incident thereto by the Military
Heritage Foundation, the Secretary shall accept the facility from the
Military Heritage Foundation, and all right, title, and interest in and
to the facility shall vest in the United States.
(2) Upon becoming property of the United States, the facility shall
be under the jurisdiction of the Secretary.
(d) Use of Certain Gifts.--(1) Under regulations prescribed by the
Secretary, the Commandant of the Army War College may, without regard to
section 2601 of title 10, United States Code, accept, hold, administer,
invest, and spend any gift, devise, or bequest of personnel property of
a value of $250,000 or less made to the United States if such gift,
devise, or bequest is for the benefit of the United States Army Heritage
and Education Center.
(2) The Secretary may pay or authorize the payment of any reasonable
and necessary expense in connection with the conveyance or transfer of a
gift, devise, or bequest under this subsection.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the agreement
authorized to be entered into by subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2867. EFFECT OF LIMITATION ON CONSTRUCTION OF ROADS OR
HIGHWAYS, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105 261; 112 Stat. 2219) is
amended in the first sentence by inserting after ``maintain'' the
following: ``, notwithstanding any provision of State law to the
contrary,''.
SEC. 2868. ESTABLISHMENT OF WORLD WAR II MEMORIAL AT
ADDITIONAL LOCATION ON GUAM.
Section 2886 of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A 441) is
amended--
(1) in subsection (a), by inserting ``, and on Federal lands near
Yigo,'' after ``Fena Caves'';
(2) in the heading of subsection (b), by striking `` Memorial'' and
inserting `` Memorials''; and
(3) in subsections (b) and (c), by striking ``memorial'' each place
it appears and inserting ``memorials''.
SEC. 2869. DEMONSTRATION PROJECT FOR PURCHASE OF FIRE,
SECURITY, POLICE, PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL
GOVERNMENT AGENCIES.
(a) Extension.--Subsection (c) of section 816 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103 337; 108 Stat.
2820), as added by section 2873 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105 261; 112 Stat.
2225), is amended by striking ``September 30, 2001.'' and inserting
``January 31, 2002, with regard to fire-fighting and police services,
and September 30, 2003, with regard to other services described in
subsection (a).''.
(b) Conforming Amendment.--Section 1206 of the Supplemental
Appropriations Act, 2001 (Public Law 107 20; 115 Stat. 161), is
repealed.
SEC. 2870. REPORT ON FUTURE LAND NEEDS OF UNITED STATES
MILITARY ACADEMY, NEW YORK, AND ADJACENT COMMUNITY.
(a) Report Required.--Not later than February 1, 2002, the Secretary
of the Army shall submit to Congress a report evaluating the future
needs of the United States Military Academy for lands suitable for use
for military training and the feasibility of making unneeded lands
available to the Village of Highland Falls, New York, through fee simple
conveyance, long-term lease under section 2667 of title 10, United
States Code, or other means.
(b) Consultation.--The Secretary shall prepare the report in
consultation with appropriate officials of the Village of Highland
Falls.
SEC. 2871. NAMING OF PATRICIA C. LAMAR ARMY NATIONAL GUARD
READINESS CENTER, OXFORD, MISSISSIPPI.
The Oxford Army National Guard Readiness Center, Oxford, Mississippi,
shall be known and designated as the ``Patricia C. Lamar Army National
Guard Readiness Center''. Any reference to that readiness center in any
law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Patricia C. Lamar
Army National Guard Readiness Center.
TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands for National
Training Center.
Sec. 2903. Map and legal description.
Sec. 2904. Management of withdrawn and reserved lands.
Sec. 2905. Water rights.
Sec. 2906. Environmental compliance and environmental response
requirements.
Sec. 2907. West Mojave Coordinated Management Plan.
Sec. 2908. Release of wilderness study areas.
Sec. 2909. Training activity separation from utility corridors.
Sec. 2910. Duration of withdrawal and reservation.
Sec. 2911. Extension of initial withdrawal and reservation.
Sec. 2912. Termination and relinquishment.
Sec. 2913. Delegation of authority.
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Fort Irwin Military Land Withdrawal
Act of 2001''.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR NATIONAL
TRAINING CENTER.
(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this title, all public lands and interests in
lands described in subsection (c) are hereby withdrawn from all forms of
appropriation under the general land laws, including the mining laws and
mineral and geothermal leasing laws, and jurisdiction over such lands
and interests in lands withdrawn and reserved by this title is hereby
transferred to the Secretary of the Army.
(b) Reservation.--The lands withdrawn under subsection (a) are
reserved for use by the Secretary of the Army for the following
purposes:
(1) The conduct of combined arms military training at the National
Training Center.
(2) The development and testing of military equipment at the
National Training Center.
(3) Other defense-related purposes consistent with the purposes
specified in paragraphs (1) and (2).
(4) Conservation and related research purposes.
(c) Land Description.--The public lands and interests in lands
withdrawn and reserved by this section comprise approximately 110,000
acres in San Bernardino County, California, as generally depicted as
``Proposed Withdrawal Land'' on the map entitled ``National Training
Center--Proposed Withdrawal of Public Lands for Training Purposes'',
dated September 21, 2000, and filed in accordance with section 2903.
(d) Changes in Use.--The Secretary of the Army shall consult with the
Secretary of the Interior before using the lands withdrawn and reserved
by this section for any purpose other than those purposes identified in
subsection (b).
(e) Indian Tribes.--Nothing in this title shall be construed as
altering any rights reserved for tribal use by treaty or Federal law.
The Secretary of the Army shall consult with federally recognized Indian
tribes in the vicinity of the lands withdrawn under subsection (a)
before taking action affecting rights or cultural resources protected by
treaty or Federal law.
SEC. 2903. MAP AND LEGAL DESCRIPTION.
(a) Preparation of Map and Legal Description.--As soon as practicable
after the date of the enactment of this Act, the Secretary of the
Interior shall--
(1) publish in the Federal Register a notice containing the legal
description of the lands withdrawn and reserved by this title; and
(2) file a map and legal description of the lands withdrawn and
reserved by this title with the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives.
(b) Legal Effect.--The map and legal description shall have the same
force and effect as if included in this title, except that the Secretary
of the Interior may correct clerical and typographical errors in the map
and legal description.
(c) Availability.--Copies of the map and the legal description shall
be available for public inspection in the following offices:
(1) The offices of the California State Director, California Desert
District Office, and Riverside and Barstow Field Offices of the Bureau
of Land Management.
(2) The Office of the Commander, National Training Center and Fort
Irwin.
(d) Costs.--The Secretary of the Army shall reimburse the Secretary
of the Interior for the costs incurred by the Secretary of the Interior
in implementing this section.
SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
(a) General Management Authority.--During the period of the
withdrawal and reservation made by this title, the Secretary of the Army
shall manage the lands withdrawn and reserved by this title for the
purposes specified in section 2902.
(b) Temporary Prohibition on Certain Use.--Military use of the lands
withdrawn and reserved by this title that result in ground disturbance,
as determined by the Secretary of the Army and the Secretary of the
Interior, are prohibited until the Secretary of the Army and the
Secretary of the Interior certify to Congress that there has been full
compliance with respect to such lands with the appropriate provisions of
this title, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and other applicable laws.
(c) Access Restrictions.--
(1) In general.--If the Secretary of the Army determines that
military operations, public safety, or national security require the
closure to the public of any road, trail, or other portion of the lands
withdrawn and reserved by this title, the Secretary may take such action
as the Secretary determines necessary or desirable to effect and
maintain such closure.
(2) Limitation.--Any closure under paragraph (1) shall be limited to
the minimum areas and periods that the Secretary of the Army determines
are required for the purposes specified in such paragraph.
(3) Notice.--Immediately preceding and during any closure under
paragraph (1), the Secretary of the Army shall post appropriate warning
notices and take other steps, as necessary, to notify the public of the
closure.
(d) Integrated Natural Resources Management Plan.--The Secretary of
the Army shall prepare and implement, in accordance with title I of the
Sikes Act (16 U.S.C. 670 et seq.), an integrated natural resources
management plan for the lands withdrawn and reserved by this title. In
addition to the elements required under the Sikes Act, the integrated
natural resources management plan shall include the following:
(1) A requirement that any hunting, fishing, and trapping on the
lands withdrawn and reserved by this title be conducted in accordance
with section 2671 of title 10, United States Code.
(2) A requirement that the Secretary of the Army take necessary
actions to prevent, suppress, and manage brush and range fires occurring
within the boundaries of Fort Irwin and brush and range fires occurring
outside the boundaries of Fort Irwin that result from military
activities at Fort Irwin.
(e) Firefighting.--Notwithstanding section 2465 of title 10, United
States Code, the Secretary of the Army may obligate funds appropriated
or otherwise available to the Secretary of the Army to enter into a
memorandum of understanding, cooperative agreement, or contract for fire
fighting services to carry out the requirements of subsection (d)(2).
The Secretary of the Army shall reimburse the Secretary of the Interior
for costs incurred by the Secretary of the Interior to assist in
carrying out the requirements of such subsection.
(f) Consultation With National Aeronautics and Space
Administration.--In preparing and implementing any plan, report,
assessment, survey, opinion, or impact statement regarding the lands
withdrawn and reserved by this title, the Secretary of the Army shall
consult with the Administrator of the National Aeronautics and Space
Administration whenever proposed Army actions have the potential to
affect the operations or the environmental management of the Goldstone
Deep Space Communications Complex. The requirement for consultation
shall apply, at a minimum, to the following:
(1) Plans for military training, military equipment testing, or
related activities that have the potential of impacting communications
between Goldstone Deep Space Communications Complex and space flight
missions or other transmission or receipt of signals from outer space by
the Goldstone Deep Space Communications Complex.
(2) The integrated natural resources management plan required by
subsection (d).
(3) The West Mojave Coordinated Management Plan referred to in
section 2907.
(4) Any document prepared in compliance with the Endangered Species
Act of 1973, the National Environmental Policy Act of 1969, and other
laws applicable to the lands withdrawn and reserved by this title.
(g) Use of Mineral Materials.--Notwithstanding any other provision of
this title or the Act of July 31, 1947 (commonly known as the Materials
Act of 1947; 30 U.S.C. 601 et seq.), the Secretary of the Army may use
sand, gravel, or similar mineral material resources of the type subject
to disposition under such Act from the lands withdrawn and reserved by
this title if the use of such resources is required for construction
needs of the National Training Center.
SEC. 2905. WATER RIGHTS.
(a) No Reserved Water Right Established.--Nothing in this title shall
be construed--
(1) to establish a reservation in favor of the United States with
respect to any water or water right on the lands withdrawn and reserved
by this title; or
(2) to authorize the appropriation of water on such lands by the
United States after the date of the enactment of this Act, except in
accordance with applicable State law.
(b) Effect on Previously Acquired or Reserved Water Rights.--This
section shall not be construed to affect any water rights acquired or
reserved by the United States before the date of the enactment of this
Act, and the Secretary of the Army may exercise any such previously
acquired or reserved water rights.
SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL RESPONSE
REQUIREMENTS.
(a) Agreements Concerning the Environment and Public Health.--The
Secretary of the Army and the Secretary of the Interior shall enter into
such agreements as are necessary, appropriate, and in the public
interest to carry out the purposes of this title.
(b) Relation to Other Environmental Laws.--Nothing in this title
shall relieve, and no action taken under this title may relieve, the
Secretary of the Army or the Secretary of the Interior, or any other
person from any liability or other obligation under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.), the Resource Conservation and Recovery Act of 1976
(42 U.S.C. 6901 et seq.) or any other Federal or State law.
SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN.
(a) Completion.--The Secretary of the Interior shall make every
effort to complete the West Mojave Coordinated Management Plan not later
than two years after the date of the enactment of this Act.
(b) Consideration of Withdrawal and Reservation Impacts.--The
Secretary of the Interior shall ensure that the West Mojave Coordinated
Management Plan considers the impacts of the availability or
nonavailability of the lands withdrawn and reserved by this title on the
plan as a whole.
(c) Consultation.--The Secretary of the Interior shall consult with
the Secretary of the Army and the Administrator of the National
Aeronautics and Space Administration in the development of the West
Mojave Coordinated Management Plan.
SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.
Congress hereby finds and directs that lands withdrawn and reserved
by this title have been adequately studied for wilderness designation
pursuant to section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), and are no longer subject to the
requirement of such section pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness.
SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY CORRIDORS.
(a) Required Separation.--All military ground activity training on
the lands withdrawn and reserved by this title shall remain at least 500
meters from any utility system, in existence as of the date of the
enactment of this Act, in Utility Planning Corridor D, as described in
the California Desert Conservation Area Plan, dated 1980 and
subsequently amended.
(b) Exception.--Subsection (a) does not modify the use of any lands
used, as of the date of the enactment of this Act, by the National
Training Center for training or alter any right of access granted by
interagency agreement.
SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.
(a) Termination Date.--Unless extended pursuant to section 2911,
unless relinquishment is postponed by the Secretary of the Interior
pursuant to section 2912(b), and except as provided in section 2912(d),
the withdrawal and reservation made by this title shall terminate 25
years after the date of the enactment of this Act.
(b) Limitation on Subsequent Availability for Appropriation.--At the
time of termination of the withdrawal and reservation made by this
title, the previously withdrawn lands shall not be open to any forms of
appropriation under the general land laws, including the mining laws and
the mineral and geothermal leasing laws, until the Secretary of the
Interior publishes in the Federal Register an appropriate order
specifying the date upon which such lands shall be restored to the
public domain and opened.
SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.
(a) Notification Requirement.--Not later than three years before the
termination date specified in section 2910(a), the Secretary of the Army
shall notify Congress and the Secretary of the Interior whether the Army
will have a continuing military need, beyond the termination date, for
all or any portion of the lands withdrawn and reserved by this title.
(b) Process for Extension of Withdrawal and Reservation.--
(1) Consultation and application.--If the Secretary of the Army
determines that there will be a continuing military need after the
termination date for any of the lands withdrawn and reserved by this
title, the Secretary of the Army shall--
(A) consult with the Secretary of the Interior concerning any
adjustments to be made to the extent of, or to the allocation of
management responsibility for, such needed lands; and
(B) file with the Secretary of the Interior, within one year after
the notice required by subsection (a), an application for extension of
the withdrawal and reservation of such needed lands.
(2) Application requirements.--Notwithstanding any general procedure
of the Department of the Interior for processing Federal land
withdrawals, an application for extension of the land withdrawal and
reservation made by this title shall be considered to be complete if the
application includes the information required by section 3 of Public Law
85 337 (commonly known as the Engle Act; 43 U.S.C. 157), except that no
information shall be required concerning the use or development of
mineral, timber, or grazing resources unless, and only to the extent,
the Secretary of the Army proposes to use or develop such resources
during the period of extension.
(c) Submission of Proposed Extension to Congress.--The Secretary of
the Interior and the Secretary of the Army may submit to Congress a
legislative proposal for the extension of the withdrawal and reservation
made by this title. The legislative proposal shall be accompanied by an
appropriate analysis of environmental impacts associated with the
proposal, as required by section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
SEC. 2912. TERMINATION AND RELINQUISHMENT.
(a) Notice of Termination.--During the first 22 years of the
withdrawal and reservation made by this title, if the Secretary of the
Army determines that there is no continuing military need for the lands
withdrawn and reserved by this title, or any portion of such lands, the
Secretary of the Army shall submit to the Secretary of the Interior a
notice of intent to relinquish jurisdiction over such lands. The notice
shall specify the proposed date of relinquishment.
(b) Acceptance of Jurisdiction.--The Secretary of the Interior may
accept jurisdiction over any lands covered by a notice under subsection
(a) if the Secretary of the Interior determines that the Secretary of
the Army has taken or will take all environmental response and
restoration activities required under applicable laws and regulations
with respect to such lands.
(c) Notice of Acceptance.--If the Secretary of the Interior decides
to accept jurisdiction over lands covered by a notice under subsection
(a) before the termination date of the withdrawal and reservation, the
Secretary shall publish in the Federal Register an appropriate order
that shall--
(1) terminate the withdrawal and reservation of such lands under
this title;
(2) constitute official acceptance of administrative jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which such lands shall be opened to the
operation of the general land laws, including the mining laws and the
mineral and geothermal leasing laws, if appropriate.
(d) Retained Army Jurisdiction.--Notwithstanding the termination date
specified in section 2910, unless and until the Secretary of the
Interior accepts jurisdiction of land proposed for relinquishment
pursuant to this section, such land shall remain withdrawn and reserved
for the Secretary of the Army for the limited purposes of environmental
response and restoration actions under section 2906 and continued land
management responsibilities pursuant to the integrated natural resources
management plan required under section 2904, until such environmental
response and restoration activities on those lands are completed.
(e) Severability of Functions.--All functions described under this
section, including transfers, relinquishments, extensions, and other
determinations, may be made on a parcel-by-parcel basis.
SEC. 2913. DELEGATION OF AUTHORITY.
(a) Secretary of the Army.--The Secretary of the Army may delegate to
officials in the Department of the Army such functions as the Secretary
of the Army may determine appropriate to carry out this title.
(b) Secretary of the Interior.--The functions of the Secretary of the
Interior under this title may be delegated, except that the order
described in section 2912(c) may be approved and signed only by the
Secretary of the Interior, the Deputy Secretary of the Interior, or an
Assistant Secretary of the Department of the Interior.
TITLE XXX--REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS
AND PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX
Sec. 3001. Authorization of round of realignments and closures of
military installations in 2005.
Sec. 3002. Selection criteria.
Sec. 3003. Revised procedures for making recommendations for
realignments and closures and commission consideration of
recommendations.
Sec. 3004. Limitations on privatization in place.
Sec. 3005. Department of Defense Base Closure Account 2005.
Sec. 3006. Implementation of closure and realignment decisions.
Sec. 3007. Technical and clarifying amendments.
Sec. 3008. Preparation of infrastructure plan for the nuclear
weapons complex.
SEC. 3001. AUTHORIZATION OF ROUND OF REALIGNMENTS AND CLOSURES
OF MILITARY INSTALLATIONS IN 2005.
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 adding at
the end the following new section:
``SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF
MILITARY INSTALLATIONS.
``(a) Force-Structure Plan and Infrastructure Inventory.--
``(1) Preparation and submission.--As part of the budget
justification documents submitted to Congress in support of the budget
for the Department of Defense for fiscal year 2005, the Secretary shall
include the following:
``(A) A force-structure plan for the Armed Forces based on an
assessment by the Secretary of the probable threats to the national
security during the 20-year period beginning with fiscal year 2005, the
probable end-strength levels and major military force units (including
land force divisions, carrier and other major combatant vessels, air
wings, and other comparable units) needed to meet these threats, and the
anticipated levels of funding that will be available for national
defense purposes during such period.
``(B) A comprehensive inventory of military installations world-wide
for each military department, with specifications of the number and type
of facilities in the active and reserve forces of each military
department.
``(2) Relationship of plan and inventory.--Using the force-structure
plan and infrastructure inventory prepared under paragraph (1), the
Secretary shall prepare (and include as part of the submission of such
plan and inventory) the following:
``(A) A description of the infrastructure necessary to support the
force structure described in the force-structure plan.
``(B) A discussion of categories of excess infrastructure and
infrastructure capacity.
``(C) An economic analysis of the effect of the closure or
realignment of military installations to reduce excess infrastructure.
``(3) Special considerations.--In determining the level of necessary
versus excess infrastructure under paragraph (2), the Secretary shall
consider the following:
``(A) The anticipated continuing need for and availability of
military installations outside the United States, taking into account
current restrictions on the use of military installations outside the
United States and the potential for future prohibitions or restrictions
on the use of such military installations.
``(B) Any efficiencies that may be gained from joint tenancy by more
than one branch of the Armed Forces at a military installation.
``(4) Revision.--The Secretary may revise the force-structure plan
and infrastructure inventory. If the Secretary makes such a revision,
the Secretary shall submit the revised plan or inventory to Congress as
part of the budget justification documents submitted to Congress for
fiscal year 2006.
``(b) Certification of Need for Further Closures and Realignments.--
``(1) Certification required.--On the basis of the force-structure
plan and infrastructure inventory prepared under subsection (a) and the
descriptions and economic analysis prepared under such subsection, the
Secretary shall include as part of the submission of the plan and
inventory--
``(A) a certification regarding whether the need exists for the
closure or realignment of additional military installations; and
``(B) if such need exists, a certification that the additional round
of closures and realignments would result in annual net savings for each
of the military departments beginning not later than fiscal year 2011.
``(2) Effect of failure to certify.--If the Secretary does not
include the certifications referred to in paragraph (1), the process by
which military installations may be selected for closure or realignment
under this part in 2005 shall be terminated.
``(c) Comptroller General Evaluation.--
``(1) Evaluation required.--If the certification is provided under
subsection (b), the Comptroller General shall prepare an evaluation of
the following:
``(A) The force-structure plan and infrastructure inventory prepared
under subsection (a) and the final selection criteria prepared under
section 2913, including an evaluation of the accuracy and analytical
sufficiency of such plan, inventory, and criteria.
``(B) The need for the closure or realignment of additional military
installations.
``(2) Submission.--The Comptroller General shall submit the
evaluation to Congress not later than 60 days after the date on which
the force-structure plan and infrastructure inventory are submitted to
Congress.
``(d) Authorization of Additional Round; Commission.--
``(1) Appointment of commission.--Subject to the certifications
required under subsection (b), the President may commence an additional
round for the selection of military installations for closure and
realignment under this part in 2005 by transmitting to the Senate, not
later than March 15, 2005, nominations pursuant to section 2902(c) for
the appointment of new members to the Defense Base Closure and
Realignment Commission.
``(2) Effect of failure to nominate.--If the President does not
transmit to the Senate the nominations for the Commission by March 15,
2005, the process by which military installations may be selected for
closure or realignment under this part in 2005 shall be terminated.
``(3) Members.--Notwithstanding section 2902(c)(1), the Commission
appointed under the authority of this subsection shall consist of nine
members.
``(4) Terms; meetings; termination.--Notwithstanding subsections
(d), (e)(1), and ( l) of section 2902, the Commission appointed under
the authority of this subsection shall meet during calendar year 2005
and shall terminate on April 15, 2006.
``(5) Funding.--If no funds are appropriated to the Commission by
the end of the second session of the 108th Congress for the activities
of the Commission in 2005, the Secretary may transfer to the Commission
for purposes of its activities under this part in that year such funds
as the Commission may require to carry out such activities. The
Secretary may transfer funds under the preceding sentence from any funds
available to the Secretary. Funds so transferred shall remain available
to the Commission for such purposes until expended.''.
SEC. 3002. SELECTION CRITERIA.
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 inserting
after section 2912, as added by section 3001, the following new section:
``SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND.
``(a) Preparation of Proposed Selection Criteria.--
``(1) In general.--Not later than December 31, 2003, the Secretary
shall publish in the Federal Register and transmit to the congressional
defense committees the criteria proposed to be used by the Secretary in
making recommendations for the closure or realignment of military
installations inside the United States under this part in 2005.
``(2) Public comment.--The Secretary shall provide an opportunity
for public comment on the proposed criteria for a period of at least 30
days and shall include notice of that opportunity in the publication
required under this subsection.
``(b) Military Value as Primary Consideration.--The selection
criteria prepared by the Secretary shall ensure that military value is
the primary consideration in the making of recommendations for the
closure or realignment of military installations under this part in
2005. Military value shall include at a minimum the following:
``(1) Preservation of training areas suitable for maneuver by
ground, naval, or air forces to guarantee future availability of such
areas to ensure the readiness of the Armed Forces.
``(2) Preservation of military installations in the United States as
staging areas for the use of the Armed Forces in homeland defense
missions.
``(3) Preservation of military installations throughout a diversity
of climate and terrain areas in the United States for training purposes.
``(4) The impact on joint warfighting, training, and readiness.
``(5) Contingency, mobilization, and future total force requirements
at both existing and potential receiving locations to support operations
and training.
``(c) Special Considerations.--The selection criteria for military
installations shall also address at a minimum the following:
``(1) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of completion of
the closure or realignment, for the savings to exceed the costs.
``(2) The economic impact on existing communities in the vicinity of
military installations.
``(3) The ability of both existing and potential receiving
communities' infrastructure to support forces, missions, and personnel.
``(4) The impact of costs related to potential environmental
restoration, waste management, and environmental compliance activities.
``(d) Effect on Department and Other Agency Costs.--Any selection
criteria proposed by the Secretary relating to the cost savings or
return on investment from the proposed closure or realignment of
military installations shall take into account the effect of the
proposed closure or realignment on the costs of any other activity of
the Department of Defense or any other Federal agency that may be
required to assume responsibility for activities at the military
installations.
``(e) Final Selection Criteria.--Not later than February 16, 2004,
the Secretary shall publish in the Federal Register and transmit to the
congressional defense committees the final criteria to be used in making
recommendations for the closure or realignment of military installations
inside the United States under this part in 2005. Such criteria shall be
the final criteria to be used, along with the force-structure plan and
infrastructure inventory referred to in section 2912, in making such
recommendations unless disapproved by an Act of Congress enacted on or
before March 15, 2004.
``(f) Relation to Criteria for Earlier Rounds.--Section 2903(b), and
the selection criteria prepared under such section, shall not apply with
respect to the process of making recommendations for the closure or
realignment of military installations in 2005.''.
SEC. 3003. REVISED PROCEDURES FOR MAKING RECOMMENDATIONS FOR
REALIGNMENTS AND CLOSURES AND COMMISSION CONSIDERATION OF
RECOMMENDATIONS.
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 inserting
after section 2913, as added by section 3002, the following new section:
``SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR
REALIGNMENTS AND CLOSURES FOR 2005 ROUND; COMMISSION CONSIDERATION OF
RECOMMENDATIONS.
``(a) Recommendations Regarding Closure or Realignment of Military
Installations.--If the Secretary makes the certifications required under
section 2912(b), the Secretary shall publish in the Federal Register and
transmit to the congressional defense committees and the Commission, not
later than May 16, 2005, a list of the military installations inside the
United States that the Secretary recommends for closure or realignment
on the basis of the force-structure plan and infrastructure inventory
prepared by the Secretary under section 2912 and the final selection
criteria prepared by the Secretary under section 2913.
``(b) Preparation of Recommendations.--
``(1) In general.--The Secretary shall comply with paragraphs (2)
through (6) of section 2903(c) in preparing and transmitting the
recommendations under this section. However, paragraph (6) of section
2903(c) relating to submission of information to Congress shall be
deemed to require such submission within 48 hours.
``(2) Consideration of local government views.--(A) In making
recommendations to the Commission in 2005, the Secretary shall consider
any notice received from a local government in the vicinity of a
military installation that the government would approve of the closure
or realignment of the installation.
``(B) Notwithstanding the requirement in subparagraph (A), the
Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan, infrastructure
inventory, and final selection criteria otherwise applicable to such
recommendations.
``(C) The recommendations shall include a statement of the result of
the consideration of any notice described in subparagraph (A) that is
received with respect to a military installation covered by such
recommendations. The statement shall set forth the reasons for the
result.
``(c) Recommendations to Retain Bases in Inactive Status.--In making
recommendations for the closure or realignment of military
installations, the Secretary may recommend that an installation be
placed in an inactive status if the Secretary determines that--
``(1) the installation may be needed in the future for national
security purposes; or
``(2) retention of the installation is otherwise in the interest of
the United States.
``(d) Commission Review and Recommendations.--
``(1) In general.--Except as provided in this subsection, section
2903(d) shall apply to the consideration by the Commission of the
recommendations transmitted by the Secretary in 2005. The Commission's
report containing its findings and conclusions, based on a review and
analysis of the Secretary's recommendations, shall be transmitted to the
President not later than September 8, 2005.
``(2) Availability of recommendations to congress.--After September
8, 2005, the Commission shall promptly provide, upon request, to any
Member of Congress information used by the Commission in making its
recommendations.
``(3) Limitations on authority to add to closure or realignment
lists.--The Commission may not consider making a change in the
recommendations of the Secretary that would add a military installation
to the Secretary's list of installations recommended for closure or
realignment unless, in addition to the requirements of section
2903(d)(2)(C)--
``(A) the Commission provides the Secretary with at least a 15-day
period, before making the change, in which to submit an explanation of
the reasons why the installation was not included on the closure or
realignment list by the Secretary; and
``(B) the decision to add the installation for Commission
consideration is supported by at least seven members of the Commission.
``(4) Testimony by secretary.--The Commission shall invite the
Secretary to testify at a public hearing, or a closed hearing if
classified information is involved, on any proposed change by the
Commission to the Secretary's recommendations.
``(5) Comptroller general report.--The Comptroller General report
required by section 2903(d)(5)(B) analyzing the recommendations of the
Secretary and the selection process in 2005 shall be transmitted to the
congressional defense committees not later than July 1, 2005.
``(e) Review by the President.--
``(1) In general.--Except as provided in this subsection, section
2903(e) shall apply to the review by the President of the
recommendations of the Commission under this section, and the actions,
if any, of the Commission in response to such review, in 2005. The
President shall review the recommendations of the Secretary and the
recommendations contained in the report of the Commission under
subsection (d) and prepare a report, not later than September 23, 2005,
containing the President's approval or disapproval of the Commission's
recommendations.
``(2) Commission reconsideration.--If the Commission prepares a
revised list of recommendations under section 2903(e)(3) in 2005 in
response to the review of the President in that year under paragraph
(1), the Commission shall transmit the revised list to the President not
later than October 20, 2005.
``(3) Effect of failure to transmit.--If the President does not
transmit to Congress an approval and certification described in
paragraph (2) or (4) of section 2903(e) by November 7, 2005, the process
by which military installations may be selected for closure or
realignment under this part in 2005 shall be terminated.
``(4) Effect of transmittal.--A report of the President under this
subsection containing the President's approval of the Commission's
recommendations is deemed to be a report under section 2903(e) for
purposes of sections 2904 and 2908.''.
SEC. 3004. LIMITATIONS ON PRIVATIZATION IN PLACE.
Section 2904(a) 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--
(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) carry out the privatization in place of a military
installation recommended for closure or realignment by the Commission in
the 2005 report only if privatization in place is a method of closure or
realignment of the military installation specified in the
recommendations of the Commission in such report and is determined by
the Commission to be the most cost-effective method of implementation of
the recommendation;''.
SEC. 3005. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
(a) Establishment.--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 inserting after section 2906 the following new section:
``SEC. 2906A. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
``(a) In General.--(1) If the Secretary makes the certifications
required under section 2912(b), there shall be established on the books
of the Treasury an account to be known as the `Department of Defense
Base Closure Account 2005' (in this section referred to as the
`Account'). The Account shall be administered by the Secretary as a
single account.
``(2) There shall be deposited into the Account--
``(A) funds authorized for and appropriated to the Account;
``(B) any funds that the Secretary may, subject to approval in an
appropriation Act, transfer to the Account from funds appropriated to
the Department of Defense for any purpose, except that such funds may be
transferred only after the date on which the Secretary transmits written
notice of, and justification for, such transfer to the congressional
defense committees; and
``(C) except as provided in subsection (d), proceeds received from
the lease, transfer, or disposal of any property at a military
installation that is closed or realigned under this part pursuant to a
closure or realignment the date of approval of which is after January 1,
2005.
``(3) The Account shall be closed at the time and in the manner
provided for appropriation accounts under section 1555 of title 31,
United States Code. Unobligated funds which remain in the Account upon
closure shall be held by the Secretary of the Treasury until transferred
by law after the congressional defense committees receive the final
report transmitted under subsection (c)(2).
``(b) Use of Funds.--(1) The Secretary may use the funds in the
Account only for the purposes described in section 2905 with respect to
military installations the date of approval of closure or realignment of
which is after January 1, 2005.
``(2) When a decision is made to use funds in the Account to carry
out a construction project under section 2905(a) and the cost of the
project will exceed the maximum amount authorized by law for a minor
military construction project, the Secretary shall notify in writing the
congressional defense committees of the nature of, and justification
for, the project and the amount of expenditures for such project. Any
such construction project may be carried out without regard to section
2802(a) of title 10, United States Code.
``(c) Reports.--(1)(A) No later than 60 days after the end of each
fiscal year in which the Secretary carries out activities under this
part using amounts in the Account, the Secretary shall transmit a report
to the congressional defense committees of the amount and nature of the
deposits into, and the expenditures from, the Account during such fiscal
year and of the amount and nature of other expenditures made pursuant to
section 2905(a) during such fiscal year.
``(B) The report for a fiscal year shall include the following:
``(i) The obligations and expenditures from the Account during the
fiscal year, identified by subaccount, for each military department and
Defense Agency.
``(ii) The fiscal year in which appropriations for such expenditures
were made and the fiscal year in which funds were obligated for such
expenditures.
``(iii) Each military construction project for which such
obligations and expenditures were made, identified by installation and
project title.
``(iv) A description and explanation of the extent, if any, to which
expenditures for military construction projects for the fiscal year
differed from proposals for projects and funding levels that were
included in the justification transmitted to Congress under section
2907(1), or otherwise, for the funding proposals for the Account for
such fiscal year, including an explanation of--
``(I) any failure to carry out military construction projects that
were so proposed; and
``(II) any expenditures for military construction projects that were
not so proposed.
``(2) No later than 60 days after the termination of the authority of
the Secretary to carry out a closure or realignment under this part with
respect to military installations the date of approval of closure or
realignment of which is after January 1, 2005, and no later than 60 days
after the closure of the Account under subsection (a)(3), the Secretary
shall transmit to the congressional defense committees a report
containing an accounting of--
``(A) all the funds deposited into and expended from the Account or
otherwise expended under this part with respect to such installations;
and
``(B) any amount remaining in the Account.
``(d) Disposal or Transfer of Commissary Stores and Property
Purchased With Nonappropriated Funds.--(1) If any real property or
facility acquired, constructed, or improved (in whole or in part) with
commissary store funds or nonappropriated funds is transferred or
disposed of in connection with the closure or realignment of a military
installation under this part the date of approval of closure or
realignment of which is after January 1, 2005, a portion of the proceeds
of the transfer or other disposal of property on that installation shall
be deposited in the reserve account established under section
204(b)(7)(C) of the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687 note).
``(2) The amount so deposited shall be equal to the depreciated value
of the investment made with such funds in the acquisition, construction,
or improvement of that particular real property or facility. The
depreciated value of the investment shall be computed in accordance with
regulations prescribed by the Secretary.
``(3) The Secretary may use amounts in the reserve account, without
further appropriation, for the purpose of acquiring, constructing, and
improving--
``(A) commissary stores; and
``(B) real property and facilities for nonappropriated fund
instrumentalities.
``(4) In this subsection, the terms `commissary store funds',
`nonappropriated funds', and `nonappropriated fund instrumentality'
shall have the meaning given those terms in section 2906(d)(4).
``(e) Account Exclusive Source of Funds for Environmental Restoration
Projects.--Except as provided in section 2906(e) with respect to funds
in the Department of Defense Base Closure Account 1990 under section
2906 and except for funds deposited into the Account under subsection
(a), funds appropriated to the Department of Defense may not be used for
purposes described in section 2905(a)(1)(C). The prohibition in this
subsection shall expire upon the closure of the Account under subsection
(a)(3).''.
(b) Conforming Amendments.--Section 2906 of that Act is amended--
(1) in subsection (a)(2)(C), by inserting ``the date of approval of
closure or realignment of which is before January 1, 2005'' after
``under this part'';
(2) in subsection (b)(1), by inserting ``with respect to military
installations the date of approval of closure or realignment of which is
before January 1, 2005,'' after ``section 2905'';
(3) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by inserting ``with
respect to military installations the date of approval of closure or
realignment of which is before January 1, 2005,'' after ``under this
part''; and
(B) in subparagraph (A), by inserting ``with respect to such
installations'' after ``under this part'';
(4) in subsection (d)(1), by inserting ``the date of approval of
closure or realignment of which is before January 1, 2005'' after
``under this part''; and
(5) in subsection (e), by striking ``Except for'' and inserting
``Except as provided in section 2906A(e) with respect to funds in the
Department of Defense Base Closure Account 2005 under section 2906A and
except for''.
(c) Clerical Amendment.--The section heading of section 2906 of that
Act is amended by striking `` account'' and inserting `` Department of
Defense Base Closure Account 1990''.
SEC. 3006. IMPLEMENTATION OF CLOSURE AND REALIGNMENT DECISIONS.
(a) Requirement to Receive Fair Market Value.--Section 2905(b)(4)(B)
of that Act is amended--
(1) in the first sentence, by striking ``shall be without
consideration'' in the matter preceding clause (i) and inserting ``may
be without consideration''; and
(2) by inserting after ``(B)'' the following new sentence: ``With
respect to military installations for which the date of approval of
closure or realignment is after January 1, 2005, the Secretary shall
seek to obtain consideration in connection with any transfer under this
paragraph of property located at the installation in an amount equal to
the fair market value of the property, as determined by the
Secretary.''.
(b) Transfers in Connection with Payment of Environmental
Remediation.--Section 2905(e) of that Act is amended--
(1) in paragraph (1)(B), by adding at the end the following new
sentence: ``The real property and facilities referred to in subparagraph
(A) are also the real property and facilities located at an installation
approved for closure or realignment under this part after 2001 that are
available for purposes other than to assist the homeless.'';
(2) in paragraph (2)(A), by striking ``to be paid by the recipient
of the property or facilities'' and inserting ``otherwise to be paid by
the Secretary with respect to the property or facilities'';
(3) by striking paragraph (6);
(4) by redesignating paragraphs (3), (4), and (5) as paragraphs (4),
(5), (6), respectively; and
(5) by inserting after paragraph (2) the following new paragraph (3):
``(3) In the case of property or facilities covered by a
certification under paragraph (2)(A), the Secretary may pay the
recipient of such property or facilities an amount equal to the lesser
of--
``(A) the amount by which the costs incurred by the recipient of
such property or facilities for all environmental restoration, waste,
management, and environmental compliance activities with respect to such
property or facilities exceed the fair market value of such property or
facilities as specified in such certification; or
``(B) the amount by which the costs (as determined by the Secretary)
that would otherwise have been incurred by the Secretary for such
restoration, management, and activities with respect to such property or
facilities exceed the fair market value of such property or facilities
as so specified.''.
(c) Scope of Indemnification of Transferees in Connection With
Payment of Environmental Remediation.--Paragraph (6) of section 2905(e)
of that Act, as redesignated by subsection (b)(4), is amended by
inserting before the period the following: ``, except in the case of
releases or threatened releases not disclosed pursuant to paragraph
(4)''.
SEC. 3007. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Relationship to Other Base Closure Authority.--Section 2909(a) 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 date of the enactment of this Act and ending on December 31,
1995,'' and inserting ``November 5, 1990, and ending on April 15,
2006,''.
(b) Commencement of Period for Notice of Interest in Property for
Homeless.--Section 2905(b)(7)(D)(ii)(I) of that Act is amended by
striking ``that date'' and inserting ``the date of publication of such
determination in a newspaper of general circulation in the communities
in the vicinity of the installation under subparagraph (B)(i)(IV)''.
(c) Committee Name.--That Act is further amended by striking
``National Security'' and inserting ``Armed Services'' each place it
appears in the following provisions:
(A) Section 2902(e)(2)(B)(ii).
(B) Section 2908(b).
(d) Other Clarifying Amendments.--(1) That Act is further amended by
inserting ``or realignment'' after ``closure'' each place it appears in
the following provisions:
(A) Section 2905(b)(3).
(B) Section 2905(b)(5).
(C) Section 2905(b)(7)(B)(iv).
(D) Section 2905(b)(7)(N).
(E) Section 2910(10)(B).
(2) That Act is further amended by inserting ``or realigned'' after
``closed'' each place it appears in the following provisions:
(A) Section 2905(b)(3)(C)(ii).
(B) Section 2905(b)(3)(D).
(C) Section 2905(b)(3)(E).
(D) Section 2905(b)(5)(A).
(E) Section 2910(9).
(F) Section 2910(10).
(3) Section 2905(e)(1)(B) of that Act is amended by inserting ``, or
realigned or to be realigned,'' after ``closed or to be closed''.
SEC. 3008. PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR
WEAPONS COMPLEX.
(a) Infrastructure Plan for Nuclear Weapons Complex.--
(1) Preparation and submission.--Not later than the date on which
the budget for the Department of Energy for fiscal year 2004 is
submitted to Congress, the Secretary of Energy shall submit to Congress
an infrastructure plan for the nuclear weapons complex adequate to
support the nuclear weapons stockpile, the naval reactors program, and
nonproliferation and national security activities.
(2) Special considerations.--In preparing the infrastructure plan,
the Secretary shall take into consideration the following:
(A) The Department of Defense Nuclear Posture Review required
pursuant to section 1041 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106 398; 114 Stat. 1654A 262).
(B) Any efficiencies and security benefits of consolidation of
facilities of the nuclear weapons complex.
(C) The necessity to have a residual production capability.
(b) Recommendations Regarding Realignments and Closures.--On the
basis of the infrastructure plan prepared under subsection (a), the
Secretary shall make such recommendations regarding the need to close or
realign facilities of the nuclear weapons complex as the Secretary
considers appropriate, including the Secretary's recommendations on
whether to establish a process by which a round of closures and
realignments would be carried out and any additional legislative
authority necessary to implement the recommendations. The Secretary
shall submit the recommendations as part of the infrastructure plan
under subsection (a).
(c) Definitions.--In this section:
(1) The terms ``Secretary'' and ``Secretary of Energy'' mean the
Secretary of Energy, acting after consideration of the recommendations
of the Administrator for Nuclear Security.
(2) The term ``nuclear weapons complex'' means the national security
laboratories and nuclear weapons production facilities (as such terms
are defined in section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)) and the facilities of the Naval
Nuclear Propulsion Program provided for under the Naval Nuclear
Propulsion Executive Order (as such term is defined in section 3216 of
such Act (50 U.S.C. 2406)).
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Sec. 3121. Reprogramming.
Sec. 3122. Limits on minor construction 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.
Sec. 3130. Transfer of weapons activities funds.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Sec. 3131. Consolidation of Nuclear Cities Initiative program with
Initiatives for Proliferation Prevention program.
Sec. 3132. Nuclear Cities Initiative.
Sec. 3133. Limitation on availability of funds for weapons
activities for facilities and infrastructure.
Sec. 3134. Limitation on availability of funds for other defense
activities for national security programs administrative support.
Sec. 3135. Termination date of Office of River Protection,
Richland, Washington.
Sec. 3136. Support for public education in the vicinity of Los
Alamos National Laboratory, New Mexico.
Sec. 3137. Reports on achievement of milestones for National
Ignition Facility.
SUBTITLE D--MATTERS RELATING TO MANAGEMENT OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION
Sec. 3141. Establishment of Principal Deputy Administrator of
National Nuclear Security Administration.
Sec. 3142. Elimination of requirement that national security
laboratories and nuclear weapons production facilities report to Deputy
Administrator for Defense Programs.
Sec. 3143. Repeal of duplicative provision relating to dual office
holding by personnel of National Nuclear Security Administration.
Sec. 3144. Report on adequacy of Federal pay and hiring
authorities to meet personnel requirements of National Nuclear Security
Administration.
SUBTITLE E--OTHER MATTERS
Sec. 3151. Improvements to Energy Employees Occupational Illness
Compensation Program.
Sec. 3152. Department of Energy counterintelligence polygraph program.
Sec. 3153. One-year extension of authority of Department of Energy
to pay voluntary separation incentive payments.
Sec. 3154. Annual assessment and report on vulnerability of
Department of Energy facilities to terrorist attack.
Sec. 3155. Disposition of surplus defense plutonium at Savannah
River Site, Aiken, South Carolina.
Sec. 3156. Modification of date of report of panel to assess the
reliability, safety, and security of the United States nuclear
stockpile.
SUBTITLE F--ROCKY FLATS NATIONAL WILDLIFE REFUGE
Sec. 3171. Short title.
Sec. 3172. Findings and purposes.
Sec. 3173. Definitions.
Sec. 3174. Future ownership and management.
Sec. 3175. Transfer of management responsibilities and
jurisdiction over Rocky Flats.
Sec. 3176. Administration of retained property; continuation of
cleanup and closure.
Sec. 3177. Rocky Flats National Wildlife Refuge.
Sec. 3178. Comprehensive planning process.
Sec. 3179. Property rights.
Sec. 3180. Liabilities and other obligations.
Sec. 3181. Rocky Flats Museum.
Sec. 3182. Annual report on funding.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 for the activities of the National Nuclear
Security Administration in carrying out programs necessary for national
security in the amount of $7,121,094,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities, $5,343,567,000, to
be allocated as follows:
(A) For stewardship operation and maintenance, $4,601,871,000, to be
allocated as follows:
(i) For directed stockpile work, $1,002,274,000.
(ii) For campaigns, $2,074,473,000, to be allocated as follows:
(I) For operation and maintenance, $1,704,501,000.
(II) For construction, $369,972,000, to be allocated as follows:
Project 01 D 101, distributed information systems laboratory,
Sandia National Laboratories, Livermore, California, $5,400,000.
Project 00 D 103, terascale simulation facility, Lawrence Livermore
National Laboratory, Livermore, California, $22,000,000.
Project 00 D 105, strategic computing complex, Los Alamos National
Laboratory, Los Alamos, New Mexico, $11,070,000.
Project 00 D 107, joint computational engineering laboratory,
Sandia National Laboratories, Albuquerque, New Mexico, $5,377,000.
Project 98 D 125, tritium extraction facility, Savannah River
Plant, Aiken, South Carolina, $81,125,000.
Project 96 D 111, national ignition facility (NIF), Lawrence
Livermore National Laboratory, Livermore, California, $245,000,000.
(iii) For readiness in technical base and facilities,
$1,525,124,000, to be allocated as follows:
(I) For operation and maintenance, $1,348,260,000.
(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), $176,864,000, to be allocated as follows:
Project 02 D 103, project engineering and design (PED), various
locations, $22,830,000.
Project 02 D 105, engineering technology complex upgrade, Lawrence
Livermore National Laboratory, Livermore, California, $4,750,000.
Project 02 D 107, electrical power systems safety communications
and bus upgrades, Nevada Test Site, Nevada, $3,507,000.
Project 01 D 101, microsystems and engineering sciences
applications (MESA), Sandia National Laboratories, Albuquerque, New
Mexico, $39,000,000.
Project 01 D 103, preliminary project design and engineering,
various locations, $16,379,000.
Project 01 D 107, Atlas relocation, Nevada Test Site, Nevada,
$3,300,000.
Project 01 D 126, weapons evaluation test laboratory, Pantex Plant,
Amarillo, Texas, $7,700,000.
Project 01 D 800, sensitive compartmented information facility,
Lawrence Livermore National Laboratory, Livermore, California,
$12,993,000.
Project 99 D 103, isotope sciences facilities, Lawrence Livermore
National Laboratory, Livermore, California, $4,400,000.
Project 99 D 104, protection of real property (roof reconstruction,
phase II), Lawrence Livermore National Laboratory, Livermore,
California, $2,800,000.
Project 99 D 106, model validation and system certification center,
Sandia National Laboratories, Albuquerque, New Mexico, $4,955,000.
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, $300,000.
Project 99 D 127, stockpile management restructuring initiative,
Kansas City plant, Kansas City, Missouri, $22,200,000.
Project 99 D 128, stockpile management restructuring initiative,
Pantex Plant, Amarillo, Texas, $3,300,000.
Project 98 D 123, stockpile management restructuring initiative,
tritium facility modernization and consolidation, Savannah River Plant,
Aiken, South Carolina, $13,700,000.
Project 98 D 124, stockpile management restructuring initiative, Y
12 consolidation, Oak Ridge, Tennessee, $6,850,000.
Project 97 D 123, structural upgrades, Kansas City Plant, Kansas
City, Missouri, $3,000,000.
Project 96 D 102, stockpile stewardship facilities revitalization,
Phase VI, various locations, $2,900,000.
(B) For secure transportation asset, $121,800,000, to be allocated
as follows:
(i) For operation and maintenance, $77,571,000.
(ii) For program direction, $44,229,000.
(C) For safeguards and security, $448,881,000, to be allocated as
follows:
(i) For operations and maintenance, $439,281,000.
(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), $9,600,000, to be allocated as follows:
Project 99 D 132, stockpile management restructuring initiative,
nuclear material safeguards and security upgrades project, Los Alamos
National Laboratory, Los Alamos, New Mexico, $9,600,000.
(D) For facilities and infrastructure, $200,000,000.
(E) The total amount authorized by this paragraph is the sum of the
amounts authorized to be appropriated by subparagraphs (A) through (D),
reduced by $28,985,000, to be derived from a security charge for
reimbursable work.
(2) Defense nuclear nonproliferation.--For defense nuclear
nonproliferation activities, $776,886,000, to be allocated as follows:
(A) For nonproliferation and verification research and development,
$244,306,000, to be allocated as follows:
(i) For operation and maintenance, $208,500,000.
(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), $35,806,000, to be allocated as follows:
Project 00 D 192, nonproliferation and international security
center (NISC), Los Alamos National Laboratory, Los Alamos, New Mexico,
$35,806,000.
(B) For arms control and Russian transition initiatives, $117,741,000.
(C) For international materials protection, control, and accounting,
$143,800,000.
(D) For highly enriched uranium transparency implementation,
$13,950,000.
(E) For international nuclear safety, $10,000,000.
(F) For fissile materials control and disposition, $289,089,000, to
be allocated as follows:
(i) For United States surplus fissile materials disposition,
$228,089,000, to be allocated as follows:
(I) For operation and maintenance, $130,089,000.
(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), $98,000,000, to be allocated as follows:
Project 01 D 407, highly enriched uranium blend-down, Savannah
River Site, Aiken, South Carolina, $24,000,000.
Project 99 D 141, pit disassembly and conversion facility, Savannah
River Site, Aiken, South Carolina, $11,000,000.
Project 99 D 143, mixed oxide fuel fabrication facility, Savannah
River Site, Aiken, South Carolina, $63,000,000.
(ii) For Russian surplus fissile materials disposition, $61,000,000.
(G) The total amount authorized by this paragraph is the sum of the
amounts authorized to be appropriated by subparagraphs (A) through (F),
reduced by $42,000,000, to be derived from offsets and use of prior year
balances.
(3) Naval reactors.--For naval reactors, $688,045,000, to be
allocated as follows:
(A) For naval reactors development, $665,445,000, to be allocated as
follows:
(i) For operation and maintenance, $652,245,000.
(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), $13,200,000, to be allocated as follows:
Project 01 D 200, major office replacement building, Schenectady,
New York, $9,000,000.
Project 90 N 102, expended core facility dry cell project, Naval
Reactors Facility, Idaho, $4,200,000.
(B) For program direction, $22,600,000.
(4) Office of administrator for nuclear security.--For the Office of
the Administrator for Nuclear Security, and for program direction for
the National Nuclear Security Administration (other than for naval
reactors and secure transportation asset), $312,596,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2002 for environmental
restoration and waste management activities in carrying out programs
necessary for national security in the amount of $6,022,415,000, 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), $1,080,538,000.
(2) Site/project completion.--For site completion and project
completion in carrying out environmental management activities necessary
for national security programs, $959,696,000, to be allocated as
follows:
(A) For operation and maintenance, $919,030,000.
(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), $40,666,000, to be allocated as follows:
Project 01 D 402, Intec cathodic protection system expansion, Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho,
$3,256,000.
Project 02 D 420, plutonium stabilization and packaging, Savannah
River Site, Aiken, South Carolina, $20,000,000.
Project 01 D 414, preliminary project, engineering and design
(PE&D), various locations, $2,754,000.
Project 99 D 402, tank farm support services, F&H areas, Savannah
River Site, Aiken, South Carolina, $5,040,000.
Project 99 D 404, health physics instrumentation laboratory, Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho,
$2,700,000.
Project 98 D 453, plutonium stabilization and handling system for
plutonium finishing plant, Richland, Washington, $1,910,000.
Project 96 D 471, chlorofluorocarbon heating, ventilation, and air
conditioning and chiller retrofit, Savannah River Site, Aiken, South
Carolina, $4,244,000.
Project 86 D 103, decontamination and waste treatment facility,
Lawrence Livermore National Laboratory, Livermore, California, $762,000.
(3) Post-2006 completion.--For post-2006 completion in carrying out
environmental restoration and waste management activities necessary for
national security programs, $3,265,201,000, to be allocated as follows:
(A) For operation and maintenance, $1,955,979,000.
(B) For uranium enrichment decontamination and decommissioning fund
contribution, $420,000,000.
(C) 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), $6,754,000, to be allocated as follows:
Project 93 D 187, high-level waste removal from filled waste tanks,
Savannah River Site, Aiken, South Carolina, $6,754,000.
(D) For the Office of River Protection in carrying out environmental
restoration and waste management activities necessary for national
security programs, $882,468,000, to be allocated as follows:
(i) For operation and maintenance, $322,151,000.
(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), $560,317,000, to be allocated as follows:
Project 01 D 416, waste treatment and immobilization plant,
Richland, Washington, $520,000,000.
Project 97 D 402, tank farm restoration and safe operations,
Richland, Washington, $33,473,000.
Project 94 D 407, initial tank retrieval systems, Richland,
Washington, $6,844,000.
(4) Science and technology development.--For science and technology
development in carrying out environmental restoration and waste
management activities necessary for national security programs,
$216,000,000.
(5) Excess facilities.--For excess facilities in carrying out
environmental restoration and waste management activities necessary for
national security programs, $1,300,000.
(6) Safeguards and security.--For safeguards and security in
carrying out environmental restoration and waste management activities
necessary for national security programs, $205,621,000.
(7) Program direction.--For program direction in carrying out
environmental restoration and waste management activities necessary for
national security programs, $355,761,000.
(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 (7) of that subsection, reduced by
$61,702,000, of which $56,311,000 is to reflect an offset provided by
use of prior year balances and $5,391,000 is to be derived from a
security charge for reimbursable work.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2002 for other defense
activities in carrying out programs necessary for national security in
the amount of $499,663,000, to be allocated as follows:
(1) Intelligence.--For intelligence, $40,844,000.
(2) Counterintelligence.--For counterintelligence, $46,000,000.
(3) Security and emergency operations.--For security and emergency
operations, $250,427,000, to be allocated as follows:
(A) For nuclear safeguards and security, $116,500,000.
(B) For security investigations, $44,927,000.
(C) For corporate management information programs, $10,000,000.
(D) For program direction, $79,000,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,904,000.
(5) Environment, safety, and health.--For the Office of Environment,
Safety, and Health, $113,307,000, to be allocated as follows:
(A) For environment, safety, and health (defense), $91,307,000.
(B) For program direction, $22,000,000.
(6) Worker and community transition assistance.--For worker and
community transition assistance, $20,000,000, to be allocated as
follows:
(A) For worker and community transition, $18,000,000.
(B) For program direction, $2,000,000.
(7) Office of hearings and appeals.--For the Office of Hearings and
Appeals, $2,893,000.
(8) National security programs administrative support.--For national
security programs administrative support, $22,000,000.
(b) Adjustment.--The amount authorized to be appropriated pursuant to
subsection (a) is the total of the amounts authorized to be appropriated
by paragraphs (1) through (8) of that subsection, reduced by
$10,712,000, of which $10,000,000 is to reflect an offset provided by
use of prior year balances and $712,000 is to be derived from a security
charge for reimbursable work.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 for privatization initiatives in carrying
out environmental restoration and waste management activities necessary
for national security programs in the amount of $153,537,000, to be
allocated as follows:
Project 02 PVT 1, Paducah disposal facility, Paducah, Kentucky,
$13,329,000.
Project 02 PVT 2, Portsmouth disposal facility, Portsmouth, Ohio,
$2,000,000.
Project 98 PVT 2, spent nuclear fuel dry storage, Idaho Falls,
Idaho, $49,332,000.
Project 98 PVT 5, environmental management/waste management
disposal, Oak Ridge, Tennessee, $26,065,000.
Project 97 PVT 2, advanced mixed waste treatment project, Idaho
Falls, Idaho, $52,000,000.
Project 97 PVT 3, transuranic waste treatment, Oak Ridge, Tennessee,
$10,826,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2002 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 $280,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Except as provided in sections 3129 and 3130, 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, 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 MINOR CONSTRUCTION PROJECTS.
(a) Authority.--The Secretary of Energy may carry out any minor
construction project using operation and maintenance funds, or
facilities and infrastructure funds, authorized by this title.
(b) Annual Report.--The Secretary shall submit to the congressional
defense committees on an annual basis a report on each exercise of the
authority in subsection (a) during the preceding year. Each report shall
provide a brief description of each minor construction project covered
by the report.
(c) Cost Variation Reports to Congressional Committees.--If, at any
time during the construction of any minor construction project
authorized by this title, the estimated cost of the project is revised
and the revised cost of the project exceeds $5,000,000, the Secretary
shall immediately submit to the congressional defense committees a
report explaining the reasons for the cost variation.
(d) Minor Construction Project Defined.--In this section, the term
``minor construction project'' means any plant project not specifically
authorized by law if the approved total estimated cost of the plant
project does not exceed $5,000,000.
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 minor 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,
engineering, and construction design, and for plant projects, under
sections 3101, 3102, 3103, and 3104 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 that office to another such program or project.
(b) Limitations.--(1) Not more than three transfers 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 in
any one transfer under subsection (a) may not exceed $5,000,000.
(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--
(A) to address a risk to health, safety, or the environment; or
(B) to assure the most efficient use of defense environmental
management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used for
an item for which Congress has specifically denied funds or for a new
program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a field
office of the Department of Energy, any of the following:
(A) A program referred to or a project listed in paragraph (2) or
(3) of section 3102(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 that 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, 2001, and ending on September
30, 2002.
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) Transfer Authority for Weapons Activities Funds.--The Secretary
of Energy shall provide the manager of each field office of the
Department of Energy with the authority to transfer weapons activities
funds from a program or project under the jurisdiction of that office to
another such program or project.
(b) Limitations.--(1) Not more than 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 in any one
transfer under subsection (a) may not exceed $5,000,000.
(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--
(A) is necessary to address a risk to health, safety, or the
environment; or
(B) will result in cost savings and efficiencies.
(4) A transfer may not be carried out by a manager of a field office
under subsection (a) to cover a cost overrun or scheduling delay for any
program or project.
(5) 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 Administrator
for Nuclear Security, 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 3101(1).
(B) A program or project not described in subparagraph (A) that is
for weapons activities necessary for national security programs of the
Department, that is being carried out by that office, and for which
weapons activities funds have been authorized and appropriated before
the date of the enactment of this Act.
(2) The term ``weapons activities funds'' means funds appropriated
to the Department of Energy pursuant to an authorization for carrying
out weapons 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, 2001, and ending on September
30, 2002.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PROGRAM
WITH INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM.
The Administrator for Nuclear Security shall consolidate the Nuclear
Cities Initiative program with the Initiatives for Proliferation
Prevention program under a single management line.
SEC. 3132. NUCLEAR CITIES INITIATIVE.
(a) Limitations on Use of Funds.--No funds authorized to be
appropriated for the Nuclear Cities Initiative after fiscal year 2001
may be obligated or expended with respect to more than three nuclear
cities, or more than two serial production facilities in Russia, until
30 days after the Administrator for Nuclear Security submits to the
appropriate congressional committees an agreement signed by the Russian
Federation on access under the Nuclear Cities Initiative to the ten
closed nuclear cities and four serial production facilities of the
Nuclear Cities Initiative.
(b) Annual Report.--(1) Not later than the first Monday in February
each year, the Administrator shall submit to the appropriate
congressional committees a report on financial and programmatic
activities with respect to the Nuclear Cities Initiative during the
preceding fiscal year.
(2) Each report shall include, for the fiscal year covered by such
report, the following:
(A) A list of each project that is or was completed, ongoing, or
planned under the Nuclear Cities Initiative during such fiscal year.
(B) For each project listed under subparagraph (A), information,
current as of the end of such fiscal year, on the following:
(i) The purpose of such project.
(ii) The budget for such project.
(iii) The life-cycle costs of such project.
(iv) Participants in such project.
(v) The commercial viability of such project.
(vi) The number of jobs in Russia created or to be created by or
through such project.
(vii) Of the total amount of funds spent on such project, the
percentage of such amount spent in the United States and the percentage
of such amount spent overseas.
(C) A certification by the Administrator that each project listed
under subparagraph (A) did contribute, is contributing, or will
contribute, as the case may be, to the downsizing of the nuclear weapons
complex in Russia, together with a description of the evidence utilized
to make such certification.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives.
(2) Nuclear cities initiative.--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.
(3) Nuclear city.--The term ``nuclear city'' means any of the
nuclear cities within the complex of the Russia Ministry of Atomic
Energy (MINATOM) as follows:
(A) Sarov (Arzamas 16 and Avangard).
(B) Zarechnyy (Penza 19).
(C) Novoural'sk (Sverdlovsk 44).
(D) Lesnoy (Sverdlovsk 45).
(E) Ozersk (Chelyabinsk 65).
(F) Snezhinsk (Chelyabinsk 70).
(G) Trechgornyy (Zlatoust 36).
(H) Seversk (Tomsk 7).
(I) Zhelenznogorsk (Krasnoyarsk 26).
(J) Zelenogorsk (Krasnoyarsk 45).
SEC. 3133. LIMITATION ON AVAILABILITY OF FUNDS FOR WEAPONS
ACTIVITIES FOR FACILITIES AND INFRASTRUCTURE.
Not more than 50 percent of the funds authorized to be appropriated
by section 3101(a)(1)(D) for the National Nuclear Security
Administration for weapons activities for facilities and infrastructure
may be obligated or expended until the Administrator for Nuclear
Security submits to the congressional defense committees a report
setting forth the following:
(1) Criteria for the selection of projects to be carried out using
such funds.
(2) Criteria for establishing priorities among projects so selected.
(3) A list of the projects so selected, including the priority
assigned to each such project.
SEC. 3134. LIMITATION ON AVAILABILITY OF FUNDS FOR OTHER
DEFENSE ACTIVITIES FOR NATIONAL SECURITY PROGRAMS ADMINISTRATIVE
SUPPORT.
Not more than $5,000,000 of the funds authorized to be appropriated
by section 3103(a)(8) for other defense activities for national security
programs administrative support may be obligated or expended until the
latest of the following:
(1) The date on which the Secretary of Energy submits to Congress a
report setting forth the purposes for which the Secretary plans to
obligate and expend such funds.
(2) The date on which the Administrator for Nuclear Security submits
to Congress the future-years nuclear security program for fiscal year
2002 required by section 3253 of the National Nuclear Security
Administration Act (title XXXII of Public Law 106 65; 50 U.S.C. 2453).
(3) The date on which the Secretary of Energy submits to Congress
the report on the feasibility of using an energy savings performance
contract mechanism to offset, or possibly cover, the cost of a new
office building for the Albuquerque operations office of the Department
of Energy, as completed by the Secretary in accordance with the
directive contained in Senate Report 106 50 (the report of the Committee
on Armed Services of the Senate to accompany the bill S. 1059 of the One
Hundred Sixth Congress, relating to the National Defense Authorization
Act for Fiscal Year 2000; p. 470).
SEC. 3135. TERMINATION DATE OF OFFICE OF RIVER PROTECTION,
RICHLAND, WASHINGTON.
Subsection (f) of section 3139 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105 261; 112 Stat.
2250), as amended by section 3141 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106 398; 114 Stat. 1654A 462), is amended to read as follows:
``(f) Termination.--(1) The Office shall terminate on the later to
occur of the following dates:
``(A) September 30, 2010.
``(B) The date on which the Assistant Secretary of Energy for
Environmental Management determines, in consultation with the head of
the Office, that continuation of the Office is no longer necessary to
carry out the responsibilities of the Department of Energy under the
Tri-Party Agreement.
``(2) The Assistant Secretary shall notify, in writing, the
committees referred to in subsection (d) of a determination under
paragraph (1).
``(3) In this subsection, the term `Tri-Party Agreement' means the
Hanford Federal Facility Agreement and Consent Order entered into among
the Department of Energy, the Environmental Protection Agency, and the
State of Washington Department of Ecology.''.
SEC. 3136. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS
ALAMOS NATIONAL LABORATORY, NEW MEXICO.
(a) Support for Fiscal 2002.--From amounts appropriated or otherwise
made available to the Secretary of Energy by this title--
(1) $6,900,000 shall be available for payment by the Secretary for
fiscal year 2002 to the Los Alamos National Laboratory Foundation, a
not-for-profit foundation chartered in accordance with section 3167(a)
of the National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105 85; 111 Stat. 2052); and
(2) $8,000,000 shall be available for extension of the contract
between the Department of Energy and the Los Alamos Public Schools
through fiscal year 2002.
(b) Support for Fiscal 2003.--Subject to the availability of
appropriations, the Secretary is authorized to--
(1) make payment for fiscal year 2003 similar to the payment
referred to in subsection (a)(1); and
(2) provide for a contract extension through fiscal 2003 similar to
the contract extension referred to in subsection (a)(2).
(c) Use of Funds.--The foundation referred to in subsection (a)(1)
shall--
(1) utilize funds provided under this section as a contribution to
the endowment fund for the foundation; and
(2) use the income generated from investments in the endowment fund
that are attributable to payments made under this section to fund
programs to support the educational needs of children in public schools
in the vicinity of Los Alamos National Laboratory.
(d) Report.--Not later than March 1, 2002, the Secretary shall submit
to the congressional defense committees a report setting forth the
following:
(1) An evaluation of the requirements for continued payments beyond
fiscal year 2003 into the endowment fund of the foundation referred to
in subsection (a) to enable the foundation to meet the goals of the
Department to support the recruitment and retention of staff at the Los
Alamos National Laboratory.
(2) The Secretary's recommendations for any further support beyond
fiscal year 2003 directly to the Los Alamos Public Schools.
SEC. 3137. REPORTS ON ACHIEVEMENT OF MILESTONES FOR NATIONAL
IGNITION FACILITY.
(a) Notification of Achievement.--The Administrator for Nuclear
Security shall notify the congressional defense committees when the
National Ignition Facility (NIF), Lawrence Livermore National
Laboratory, Livermore, California, achieves each Level I milestone and
Level II milestone for the National Ignition Facility.
(b) Report on Failure of Timely Achievement.--Not later than 10 days
after the date on which the National Ignition Facility fails to achieve
a Level I milestone or Level II milestone for the National Ignition
Facility in a timely manner, the Administrator shall submit to the
congressional defense committees a report on such failure. Each such
report shall include--
(1) a statement of the failure of the National Ignition Facility to
achieve the milestone concerned in a timely manner;
(2) an explanation for the failure; and
(3) either--
(A) an estimate when that milestone will be achieved; or
(B) if that milestone will not be achieved--
(i) a statement that that milestone will not be achieved;
(ii) an explanation why that milestone will not be achieved; and
(iii) the implications for the overall scope, schedule, and budget
of the National Ignition Facility project of not achieving that
milestone.
(c) Milestones.--For purposes of this section, the Level I milestones
and Level II milestones for the National Ignition Facility are as
established in the August 2000 revised National Ignition Facility
baseline document.
(d) Termination.--The requirements of this section shall terminate on
September 30, 2004.
Subtitle D--Matters Relating to Management of the National
Nuclear Security Administration
SEC. 3141. ESTABLISHMENT OF PRINCIPAL DEPUTY ADMINISTRATOR OF
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Establishment.--Subtitle A of the National Nuclear Security
Administration Act (title XXXII of Public Law 106 65; 50 U.S.C. 2401 et
seq.) is amended--
(1) by redesignating section 3213 as section 3220 and transferring
such section, as so redesignated, to the end of that subtitle; and
(2) by inserting after section 3212 the following new section 3213:
``SEC. 3213. PRINCIPAL DEPUTY ADMINISTRATOR FOR NUCLEAR SECURITY.
``(a) In General.--(1) There is in the Administration a Principal
Deputy Administrator, who is appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Principal Deputy Administrator shall be appointed from
among persons who have extensive background in organizational management
and are well qualified to manage the nuclear weapons, nonproliferation,
and materials disposition programs of the Administration in a manner
that advances and protects the national security of the United States.
``(b) Duties.--Subject to the authority, direction, and control of
the Administrator, the Principal Deputy Administrator shall perform such
duties and exercise such powers as the Administrator may prescribe,
including the coordination of activities among the elements of the
Administration. The Principal Deputy Administrator shall act for, and
exercise the powers of, the Administrator when the Administrator is
disabled or the position of Administrator is vacant.''.
(b) Pay Level.--Section 5315 of title 5, United States Code, is
amended--
(1) by inserting before the item relating to Deputy Administrators
of the National Nuclear Security Administration the following new item:
``Principal Deputy Administrator, National Nuclear Security
Administration.''; and
(2) by inserting ``Additional'' before ``Deputy Administrators of
the National Nuclear Security Administration''.
(c) Clerical Amendments.--The table of contents preceding section
3201 of such Act is amended--
(1) by striking the item relating to section 3213 and inserting the
following:
``Sec. 3213. Principal Deputy Administrator for National Security.'';
and
(2) by inserting after the item relating to section 3218 the
following new items:
``Sec. 3219. Scope of authority of Secretary of Energy to modify
organization of Administration.
``Sec. 3220. Status of Administration and contractor personnel
within Department of Energy.''.
SEC. 3142. ELIMINATION OF REQUIREMENT THAT NATIONAL SECURITY
LABORATORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES REPORT TO DEPUTY
ADMINISTRATOR FOR DEFENSE PROGRAMS.
Section 3214 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106 65; 113 Stat. 959; 50 U.S.C. 2404) is
amended by striking subsection (c).
SEC. 3143. REPEAL OF DUPLICATIVE PROVISION RELATING TO DUAL
OFFICE HOLDING BY PERSONNEL OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Section 3245 of the National Nuclear Security Administration Act (50
U.S.C. 2443), as added by section 315 of the Energy and Water
Development Appropriations Act, 2001 (as enacted into law by Public Law
106 377; 114 Stat. 1441B 23), is repealed.
SEC. 3144. REPORT ON ADEQUACY OF FEDERAL PAY AND HIRING
AUTHORITIES TO MEET PERSONNEL REQUIREMENTS OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Report Required.--Not later than March 1, 2002, the Administrator
for Nuclear Security shall submit to the congressional committees
specified in subsection (b) a report on the adequacy of Federal pay and
hiring authorities to meet the personnel requirements of the National
Nuclear Security Administration. The report shall include the following:
(1) A description of the Federal pay and hiring authorities
available to the Administrator.
(2) A description of the Federal pay and hiring authorities that are
not available to the Administrator, and an explanation why such
authorities are not available.
(3) If any Federal pay and hiring authorities referred to in
paragraph (1) are not being used, an explanation why such authorities
are not being used.
(4) An assessment of whether or not existing Federal pay and hiring
authorities are adequate or inadequate to meet the personnel
requirements of the Administration.
(5) Any recommendations that the Administrator considers appropriate
for modifications or enhancements of existing Federal pay and hiring
authorities in order to meet the personnel requirements of the
Administration.
(6) Any recommendations that the Administrator considers appropriate
for new Federal pay and hiring authorities in order to meet the
personnel requirements of the Administration.
(7) A plan for structuring the pay and hiring authorities with
respect to the Federal workforce of the Administration so to ensure that
such workforce meets applicable requirements of the most current
five-year program plan for the Administration.
(b) Specified Committees.--The congressional committees referred to
in subsection (a) are the following:
(1) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
(2) The Committee on Armed Services and the Committee on Government
Reform of the House of Representatives.
Subtitle E--Other Matters
SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
(a) Amendments to Energy Employees Program.--The Energy Employees
Occupational Illness Compensation Program Act of 2000 (title XXXVI of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106 398; 114 Stat. 1654A 394);
42 U.S.C. 7384 et seq.) is amended as follows:
(1) Certain leukemia as specified cancer.--Section 3621(17) (114
Stat. 1654A 502; 42 U.S.C. 7384l(17)), as amended by section 2403 of the
Supplemental Appropriations Act, 2001 (Public Law 107 20; 115 Stat.
175), is further amended by adding at the end the following new
subparagraph:
``(D) Leukemia (other than chronic lymphocytic leukemia), if initial
occupation exposure occurred before 21 years of age and onset occurred
more than two years after initial occupational exposure.''.
(2) Additional members of special exposure cohort.--Section 3626(b)
(114 Stat. 1654A 505; 42 U.S.C. 7384q(b)) is amended in the matter
preceding paragraph (1) by inserting after ``Department of Energy
facility'' the following: ``, or at an atomic weapons employer
facility,''.
(3) Establishment of chronic silicosis.--Section 3627(e)(2)(A) (114
Stat. 1654A 506; 42 U.S.C. 7384r(e)(2)(A)) is amended by striking
``category 1/1'' and inserting ``category 1/0''.
(4) Survivors.--
(A) Section 3628(e) (114 Stat. 1654A 506; 42 U.S.C. 7384s(e)) is
amended to read as follows:
``(e) Payments in the case of deceased persons.--(1) In the case of a
covered employee who is deceased at the time of payment of compensation
under this section, whether or not the death is the result of the
covered employee's occupational illness, such payment may be made only
as follows:
``(A) If the covered employee is survived by a spouse who is living
at the time of payment, such payment shall be made to such surviving
spouse.
``(B) If there is no surviving spouse described in subparagraph (A),
such payment shall be made in equal shares to all children of the
covered employee who are living at the time of payment.
``(C) If there is no surviving spouse described in subparagraph (A)
and if there are no children described in subparagraph (B), such payment
shall be made in equal shares to the parents of the covered employee who
are living at the time of payment.
``(D) If there is no surviving spouse described in subparagraph (A),
and if there are no children described in subparagraph (B) or parents
described in subparagraph (C), such payment shall be made in equal
shares to all grandchildren of the covered employee who are living at
the time of payment.
``(E) If there is no surviving spouse described in subparagraph (A),
and if there are no children described in subparagraph (B), parents
described in subparagraph (C), or grandchildren described in
subparagraph (D), then such payment shall be made in equal shares to the
grandparents of the covered employee who are living at the time of
payment.
``(F) Notwithstanding the other provisions of this paragraph, if
there is--
``(i) a surviving spouse described in subparagraph (A); and
``(ii) at least one child of the covered employee who is living and
a minor at the time of payment and who is not a recognized natural child
or adopted child of such surviving spouse,
then half of such payment shall be made to such surviving spouse, and
the other half of such payment shall be made in equal shares to each
child of the covered employee who is living and a minor at the time of
payment.
``(2) If a covered employee eligible for payment dies before filing a
claim under this title, a survivor of that employee who may receive
payment under paragraph (1) may file a claim for such payment.
``(3) For purposes of this subsection--
``(A) the `spouse' of an individual is a wife or husband of that
individual who was married to that individual for at least one year
immediately before the death of that individual;
``(B) a `child' includes a recognized natural child, a stepchild who
lived with an individual in a regular parent-child relationship, and an
adopted child;
``(C) a `parent' includes fathers and mothers through adoption;
``(D) a `grandchild' of an individual is a child of a child of that
individual; and
``(E) a `grandparent' of an individual is a parent of a parent of
that individual.''.
(B) Section 3630(e) (114 Stat. 1654A 507; 42 U.S.C. 7384u(e)) is
amended to read as follows:
``(e) Payments in the case of deceased persons.--(1) In the case of a
covered employee who is deceased at the time of payment of compensation
under this section, whether or not the death is the result of the
covered employee's occupational illness, such payment may be made only
as follows:
``(A) If the covered employee is survived by a spouse who is living
at the time of payment, such payment shall be made to such surviving
spouse.
``(B) If there is no surviving spouse described in subparagraph (A),
such payment shall be made in equal shares to all children of the
covered employee who are living at the time of payment.
``(C) If there is no surviving spouse described in subparagraph (A)
and if there are no children described in subparagraph (B), such payment
shall be made in equal shares to the parents of the covered employee who
are living at the time of payment.
``(D) If there is no surviving spouse described in subparagraph (A),
and if there are no children described in subparagraph (B) or parents
described in subparagraph (C), such payment shall be made in equal
shares to all grandchildren of the covered employee who are living at
the time of payment.
``(E) If there is no surviving spouse described in subparagraph (A),
and if there are no children described in subparagraph (B), parents
described in subparagraph (C), or grandchildren described in
subparagraph (D), then such payment shall be made in equal shares to the
grandparents of the covered employee who are living at the time of
payment.
``(F) Notwithstanding the other provisions of this paragraph, if
there is--
``(i) a surviving spouse described in subparagraph (A); and
``(ii) at least one child of the covered employee who is living and
a minor at the time of payment and who is not a recognized natural child
or adopted child of such surviving spouse,
then half of such payment shall be made to such surviving spouse, and
the other half of such payment shall be made in equal shares to each
child of the covered employee who is living and a minor at the time of
payment.
``(2) If a covered employee eligible for payment dies before filing a
claim under this title, a survivor of that employee who may receive
payment under paragraph (1) may file a claim for such payment.
``(3) For purposes of this subsection--
``(A) the `spouse' of an individual is a wife or husband of that
individual who was married to that individual for at least one year
immediately before the death of that individual;
``(B) a `child' includes a recognized natural child, a stepchild who
lived with an individual in a regular parent-child relationship, and an
adopted child;
``(C) a `parent' includes fathers and mothers through adoption;
``(D) a `grandchild' of an individual is a child of a child of that
individual; and
``(E) a `grandparent' of an individual is a parent of a parent of
that individual.''.
(C) Paragraph (18) of section 3621 (114 Stat. 1654A 502; 42 U.S.C.
7384l) is repealed.
(D) The amendments made by this paragraph shall take effect on July
1, 2001.
(5) Election of remedies.--Section 3645 (114 Stat. 1654A 510; 42
U.S.C. 7385d) is amended by amending subsections (a) through (d) to read
as follows:
``(a) Effect of Tort Cases Filed Before Enactment of Original
Law.--(1) Except as provided in paragraph (2), if an otherwise eligible
individual filed a tort case specified in subsection (d) before October
30, 2000, such individual shall be eligible for compensation and
benefits under subtitle B.
``(2) If such tort case remained pending as of the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2002, and such individual does not dismiss such tort case before
December 31, 2003, such individual shall not be eligible for such
compensation or benefits.
``(b) Effect of Tort Cases Filed Between Enactment of Original Law
and Enactment of 2001 Amendments.--(1) Except as provided in paragraph
(2), if an otherwise eligible individual filed a tort case specified in
subsection (d) during the period beginning on October 30, 2000, and
ending on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2002, such individual shall not be
eligible for such compensation or benefits.
``(2) If such individual dismisses such tort case on or before the
last permissible date specified in paragraph (3), such individual shall
be eligible for such compensation or benefits.
``(3) The last permissible date referred to in paragraph (2) is the
later of the following dates:
``(A) April 30, 2003.
``(B) The date that is 30 months after the date the individual first
becomes aware that an illness covered by subtitle B of a covered
employee may be connected to the exposure of the covered employee in the
performance of duty under section 3623.
``(c) Effect of Tort Cases Filed After Enactment of 2001
Amendments.--(1) If an otherwise eligible individual files a tort case
specified in subsection (d) after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2002, such individual
shall not be eligible for such compensation or benefits if a final court
decision is entered against such individual in such tort case.
``(2) If such a final court decision is not entered, such individual
shall nonetheless not be eligible for such compensation or benefits,
except as follows: If such individual dismisses such tort case on or
before the last permissible date specified in paragraph (3), such
individual shall be eligible for such compensation and benefits.
``(3) The last permissible date referred to in paragraph (2) is the
later of the following dates:
``(A) April 30, 2003.
``(B) The date that is 30 months after the date the individual first
becomes aware that an illness covered by subtitle B of a covered
employee may be connected to the exposure of the covered employee in the
performance of duty under section 3623.
``(d) Covered Tort Cases.--A tort case specified in this subsection
is a tort case alleging a claim referred to in section 3643 against a
beryllium vendor or atomic weapons employer.''.
(6) Attorney fees.--Section 3648 (114 Stat. 1654A 511; 42 U.S.C.
7385g) is amended--
(A) in subsection (a), by inserting after ``the claim of an
individual'' the following: ``for payment of lump-sum compensation'';
(B) in subsection (b)(1), by inserting after ``initial claim'' the
following: ``for payment of lump-sum compensation'';
(C) in subsection (b)(2), by striking ``with respect to any claim''
and all that follows through the period at the end and inserting ``with
respect to objections to a recommended decision denying payment of
lump-sum compensation.'';
(D) by redesignating subsection (c) as subsection (d); and
(E) by inserting after subsection (b) the following new subsection
(c):
``(c) Inapplicability to Other Services.--This section shall not
apply with respect to services rendered that are not in connection with
such a claim for payment of lump-sum compensation.''.
(b) Study of Residual Contamination of Facilities.--(1) The National
Institute for Occupational Safety and Health shall, with the cooperation
of the Department of Energy and the Department of Labor, carry out a
study on the following matters:
(A) Whether or not significant contamination remained in any atomic
weapons employer facility or facility of a beryllium vendor after such
facility discontinued activities relating to the production of nuclear
weapons.
(B) If so, whether or not such contamination could have caused or
substantially contributed to the cancer of a covered employee with
cancer or a covered beryllium illness, as the case may be.
(2)(A) The National Institute for Occupational Safety and Health
shall submit to the applicable congressional committees the following
reports:
(i) Not later than 180 days after the date of the enactment of this
Act, a report on the progress made as of the date of the report on the
study required by paragraph (1).
(ii) Not later than one year after the date of the enactment of this
Act, a final report on the study required by paragraph (1).
(B) In this paragraph, the term ``applicable congressional
committees'' means--
(i) the Committee on Armed Services, Committee on Appropriations,
Committee on the Judiciary, and Committee on Health, Education, Labor,
and Pensions of the Senate; and
(ii) the Committee on Armed Services, Committee on Appropriations,
Committee on the Judiciary, and Committee on Education and the Workforce
of the House of Representatives.
(3) Amounts for the study under paragraph (1) shall be derived from
amounts authorized to be appropriated by section 3614(a) of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (114
Stat. 1654A 498).
(4) In this subsection:
(A) The terms ``atomic weapons employer facility'', ``beryllium
vendor'', ``covered employee with cancer'', and ``covered beryllium
illness'' have the meanings given those terms in section 3621 of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(114 Stat. 1654A 498; 42 U.S.C. 7384l).
(B) The term ``contamination'' means the presence of any--
(i) material that emitted radiation and was used in the production
of an atomic weapon, excluding uranium mining and milling; or
(ii) beryllium dust, particles, or vapor,
exposure to which could cause or substantially contribute to the
cancer of a covered employee with cancer or a covered beryllium illness,
as the case may be.
SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) New Counterintelligence Polygraph Program Required.--The
Secretary of Energy shall carry out, under regulations prescribed under
this section, a new counterintelligence polygraph program for the
Department of Energy. The purpose of the new program is to minimize the
potential for release or disclosure of classified data, materials, or
information.
(b) Authorities and Limitations.--(1) The Secretary shall prescribe
regulations for the new counterintelligence polygraph program required
by subsection (a) in accordance with the provisions of subchapter II of
chapter 5 of title 5, United States Code (commonly referred to as the
Administrative Procedures Act).
(2) In prescribing regulations for the new program, the Secretary
shall take into account the results of the Polygraph Review.
(3) Not later than six months after obtaining the results of the
Polygraph Review, the Secretary shall issue a notice of proposed
rulemaking for the new program.
(c) Repeal of Existing Polygraph Program.--Effective 30 days after
the Secretary submits to the congressional defense committees the
Secretary's certification that the final rule for the new
counterintelligence polygraph program required by subsection (a) has
been fully implemented, 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; 42 U.S.C. 7383h)
is repealed.
(d) Report on Further Enhancement of Personnel Security Program.--(1)
Not later than January 1, 2003, the Administrator for Nuclear Security
shall submit to Congress a report setting forth the recommendations of
the Administrator for any legislative action that the Administrator
considers appropriate in order to enhance the personnel security program
of the Department of Energy.
(2) Any recommendations under paragraph (1) regarding the use of
polygraphs shall take into account the results of the Polygraph Review.
(e) Polygraph Review Defined.--In this section, the term ``Polygraph
Review'' means the review of the Committee to Review the Scientific
Evidence on the Polygraph of the National Academy of Sciences.
SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF
ENERGY TO PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) In General.--Section 3161(a) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65; 113 Stat.
942; 5 U.S.C. 5597 note) is amended by striking ``January 1, 2003'' and
inserting ``January 1, 2004''.
(b) Construction.--The amendment made by subsection (a) may be
superseded by another provision of law that takes effect after the date
of the enactment of this Act, and before January 1, 2004, establishing a
uniform system for providing voluntary separation incentives (including
a system for requiring approval of plans by the Office of Management and
Budget) for employees of the Federal Government.
SEC. 3154. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF
DEPARTMENT OF ENERGY FACILITIES TO TERRORIST ATTACK.
(a) In General.--Part C of title VI of the Department of Energy
Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the
end the following new section:
``annual assessment and report on vulnerability of facilities to
terrorist attack
`` Sec. 663. (a) The Secretary shall, on an annual basis, conduct a
comprehensive assessment of the vulnerability of Department facilities
to terrorist attack.
``(b) Not later than January 31 each year, the Secretary shall submit
to Congress a report on the assessment conducted under subsection (a)
during the preceding year. Each report shall include the results of the
assessment covered by such report, together with such findings and
recommendations as the Secretary considers appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that Act is amended by inserting after the item relating to section 662
the following new item:
``Sec. 663. Annual assessment and report on vulnerability of
facilities to terrorist attack.''.
SEC. 3155. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM AT
SAVANNAH RIVER SITE, AIKEN, SOUTH CAROLINA.
(a) Consultation Required.--The Secretary of Energy shall consult
with the Governor of the State of South Carolina regarding any decisions
or plans of the Secretary related to the disposition of surplus defense
plutonium and defense plutonium materials located at the Savannah River
Site, Aiken, South Carolina.
(b) Notice Required.--For each shipment of defense plutonium or
defense plutonium materials to the Savannah River Site, the Secretary
shall, not less than 30 days before the commencement of such shipment,
submit to the congressional defense committees a report providing notice
of such shipment.
(c) Plan for Disposition.--The Secretary shall prepare a plan for
disposal of the surplus defense plutonium and defense plutonium
materials currently located at the Savannah River Site and for disposal
of defense plutonium and defense plutonium materials to be shipped to
the Savannah River Site in the future. The plan shall include the
following:
(1) A review of each option considered for such disposal.
(2) An identification of the preferred option for such disposal.
(3) With respect to the facilities for such disposal that are
required by the Department of Energy's Record of Decision for the
Storage and Disposition of Weapons-Usable Fissile Materials Final
Programmatic Environmental Impact Statement dated January 14, 1997--
(A) a statement of the cost of construction and operation of such
facilities;
(B) a schedule for the expeditious construction of such facilities,
including milestones; and
(C) a firm schedule for funding the cost of such facilities.
(4) A specification of the means by which all such defense plutonium
and defense plutonium materials will be removed in a timely manner from
the Savannah River Site for storage or disposal elsewhere.
(d) Plan for Alternative Disposition.--If the Secretary determines
not to proceed at the Savannah River Site with construction of the
plutonium immobilization plant, or with the mixed oxide fuel fabrication
facility, the Secretary shall prepare a plan that identifies a
disposition path for all defense plutonium and defense plutonium
materials that would otherwise have been disposed of at such plant or
such facility, as applicable.
(e) Submission of Plans.--Not later than February 1, 2002, the
Secretary shall submit to Congress the plan required by subsection (c)
(and the plan prepared under subsection (d), if applicable).
(f) Limitation on Plutonium Shipments.--If the Secretary does not
submit to Congress the plan required by subsection (c) (and the plan
prepared under subsection (d), if applicable) by February 1, 2002, the
Secretary shall be prohibited from shipping defense plutonium or defense
plutonium materials to the Savannah River Site during the period
beginning on February 1, 2002, and ending on the date on which such
plans are submitted to Congress.
(g) Rule of Construction.--Nothing in this section may be construed
to prohibit or limit the Secretary from shipping defense plutonium or
defense plutonium materials to sites other than the Savannah River Site
during the period referred to in subsection (f) or any other period.
(h) Annual Report on Funding for Fissile Materials Disposition
Activities.--The Secretary shall include with the budget justification
materials submitted to Congress in support of the Department of Energy
budget for each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) a
report setting forth the extent to which amounts requested for the
Department for such fiscal year for fissile materials disposition
activities will enable the Department to meet commitments for the
disposition of surplus defense plutonium and defense plutonium materials
located at the Savannah River Site, and for any other fissile materials
disposition activities, in such fiscal year.
SEC. 3156. MODIFICATION OF DATE OF REPORT OF PANEL TO ASSESS
THE RELIABILITY, SAFETY, AND SECURITY OF THE UNITED STATES NUCLEAR
STOCKPILE.
Section 3159(d) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105 261; 42 U.S.C. 2121 note) is
amended by striking ``of each year, beginning with 1999,'' and inserting
``of 1999 and 2000, and not later than February 1, 2002,''.
Subtitle F--Rocky Flats National Wildlife Refuge
SEC. 3171. SHORT TITLE.
This subtitle may be cited as the ``Rocky Flats National Wildlife
Refuge Act of 2001''.
SEC. 3172. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Federal Government, through the Atomic Energy Commission,
acquired the Rocky Flats site in 1951 and began operations there in
1952. The site remains a Department of Energy facility. Since 1992, the
mission of the Rocky Flats site has changed from the production of
nuclear weapons components to cleanup and closure in a manner that is
safe, environmentally and socially responsible, physically secure, and
cost-effective.
(2) The majority of the Rocky Flats site has generally remained
undisturbed since its acquisition by the Federal Government.
(3) The State of Colorado is experiencing increasing growth and
development, especially in the metropolitan Denver Front Range area in
the vicinity of the Rocky Flats site. That growth and development
reduces the amount of open space and thereby diminishes for many
metropolitan Denver communities the vistas of the striking Front Range
mountain backdrop.
(4) Some areas of the Rocky Flats site contain contamination and
will require further response action. The national interest requires
that the ongoing cleanup and closure of the entire site be completed
safely, effectively, and without unnecessary delay and that the site
thereafter be retained by the United States and managed so as to
preserve the value of the site for open space and wildlife habitat.
(5) The Rocky Flats site provides habitat for many wildlife species,
including a number of threatened and endangered species, and is marked
by the presence of rare xeric tallgrass prairie plant communities.
Establishing the site as a unit of the National Wildlife Refuge System
will promote the preservation and enhancement of those resources for
present and future generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to provide for the establishment of the Rocky Flats site as a
national wildlife refuge following cleanup and closure of the site;
(2) to create a process for public input on the management of the
refuge referred to in paragraph (1) before transfer of administrative
jurisdiction to the Secretary of the Interior; and
(3) to ensure that the Rocky Flats site is thoroughly and completely
cleaned up.
SEC. 3173. DEFINITIONS.
In this subtitle:
(1) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
(2) Cleanup and closure.--The term ``cleanup and closure'' means the
response actions for covered substances carried out at Rocky Flats, as
required by any of the following:
(A) The RFCA.
(B) CERCLA.
(C) RCRA.
(D) The Colorado Hazardous Waste Act, 25 15 101 to 25 15 327,
Colorado Revised Statutes.
(3) Covered substance.--The term ``covered substance'' means any of
the following:
(A) Any hazardous substance, as such term is defined in paragraph
(14) of section 101 of CERCLA (42 U.S.C. 9601).
(B) Any pollutant or contaminant, as such term is defined in
paragraph (33) of such section 101.
(C) Any petroleum, including crude oil or any fraction thereof which
is not otherwise specifically listed or designated as a hazardous
substance under subparagraphs (A) through (F) of paragraph (14) of such
section 101.
(4) RCRA.--The term ``RCRA'' means the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), popularly known as the Resource Conservation and
Recovery Act.
(5) Refuge.--The term ``refuge'' means the Rocky Flats National
Wildlife Refuge established under section 3177.
(6) Response action.--The term ``response action'' means any of the
following:
(A) A response, as such term is defined in paragraph (25) of section
101 of CERCLA (42 U.S.C. 9601).
(B) A corrective action under RCRA or under the Colorado Hazardous
Waste Act, 25 15 101 to 25 15 327, Colorado Revised Statutes.
(C) Any requirement for institutional controls imposed by any of the
laws referred to in subparagraph (A) or (B).
(7) RFCA.--The term ``RFCA'' means the Rocky Flats Cleanup
Agreement, an intergovernmental agreement, dated July 19, 1996, among--
(A) the Department of Energy;
(B) the Environmental Protection Agency; and
(C) the Department of Public Health and Environment of the State of
Colorado.
(8) Rocky flats.--
(A) In general.--Except as provided in subparagraph (B), the term
``Rocky Flats'' means the Rocky Flats Environmental Technology Site,
Colorado, a defense nuclear facility, as depicted on the map titled
``Rocky Flats Environmental Technology Site'', dated October 22, 2001,
and available for inspection in the appropriate offices of the United
States Fish and Wildlife Service.
(B) Exclusions.--The term ``Rocky Flats'' does not include--
(i) the land and facilities of the Department of Energy's National
Renewable Energy Laboratory, including the acres retained by the
Secretary under section 3174(f); and
(ii) any land and facilities not within the boundaries depicted on
the map referred to in subparagraph (A).
(9) Secretary.--The term ``Secretary'' means the Secretary of Energy.
SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT.
(a) Federal Ownership.--Except as expressly provided in this
subtitle, all right, title, and interest of the United States, held on
or acquired after the date of the enactment of this Act, to land or
interest therein, including minerals, within the boundaries of Rocky
Flats shall be retained by the United States.
(b) Lindsay Ranch.--The structures that comprise the former Lindsay
Ranch homestead site in the Rock Creek Reserve area of the buffer zone,
as depicted on the map referred to in section 3173(8)(A), shall be
permanently preserved and maintained in accordance with the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(c) Prohibition on Annexation.--Neither the Secretary nor the
Secretary of the Interior shall allow the annexation of land within the
refuge by any unit of local government.
(d) Prohibition on Through Roads.--Except as provided in subsection
(e), no public road shall be constructed through Rocky Flats.
(e) Transportation Right-of-Way.--
(1) In general.--
(A) Availability of land.--On submission of an application meeting
each of the conditions specified in paragraph (2), the Secretary, in
consultation with the Secretary of the Interior, shall make available
land along the eastern boundary of Rocky Flats for the sole purpose of
transportation improvements along Indiana Street.
(B) Boundaries.--Land made available under this paragraph may not
extend more than 300 feet from the west edge of the Indiana Street
right-of-way, as that right-of-way exists as of the date of the
enactment of this Act.
(C) Easement or sale.--Land may be made available under this
paragraph by easement or sale to one or more appropriate entities.
(D) Compliance with applicable law.--Any action under this paragraph
shall be taken in compliance with applicable law.
(2) Conditions.--An application referred to in paragraph (1) meets
the conditions specified in this paragraph if the application--
(A) is submitted by any county, city, or other political subdivision
of the State of Colorado; and
(B) includes documentation demonstrating that the transportation
improvements for which the land is to be made available--
(i) are carried out so as to minimize adverse effects on the
management of Rocky Flats as a wildlife refuge; and
(ii) are included in the regional transportation plan of the
metropolitan planning organization designated for the Denver
metropolitan area under section 5303 of title 49, United States Code.
(f) Wind Technology Expansion Area.--The Secretary shall retain, for
the use of the National Renewable Energy Laboratory, the approximately
25 acres identified on the map referred to in section 3173(8)(A) as the
``Wind Technology Expansion Area''.
SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND
JURISDICTION OVER ROCKY FLATS.
(a) Transfer Required.--
(1) In general.--Subject to the other provisions of this section,
the Secretary shall transfer administrative jurisdiction over the
property that is to comprise the refuge to the Secretary of the
Interior.
(2) Date of transfer.--The transfer shall be carried out not earlier
than the completion certification date, and not later than 30 business
days after that date.
(3) Completion certification date.--For purposes of paragraph (2),
the completion certification date is the date on which the Administrator
of the Environmental Protection Agency certifies to the Secretary and to
the Secretary of the Interior that cleanup and closure at Rocky Flats
has been completed, except for the operation and maintenance associated
with response actions, and that all response actions are operating
properly and successfully.
(b) Memorandum of Understanding.--
(1) Required elements.--The transfer required by subsection (a)
shall be carried out pursuant to a memorandum of understanding between
the Secretary and the Secretary of the Interior. The memorandum of
understanding shall--
(A) provide for the division of responsibilities between the
Secretary and the Secretary of the Interior necessary to carry out such
transfer;
(B) address the impacts that any property rights referred to in
section 3179(a) may have on the management of the refuge, and provide
strategies for resolving or mitigating these impacts;
(C) identify the land the administrative jurisdiction of which is to
be transferred to the Secretary of the Interior; and
(D) specify the allocation of the Federal costs incurred at the
refuge after the date of such transfer for any site investigations,
response actions, and related activities for covered substances.
(2) Publication of draft.--Not later than one year after the date of
the enactment of this Act, the Secretary and the Secretary of the
Interior shall publish in the Federal Register a draft of the memorandum
of understanding.
(3) Finalization and implementation.--
(A) Not later than 18 months after the date of the enactment of this
Act, the Secretary and Secretary of the Interior shall finalize and
implement the memorandum of understanding.
(B) In finalizing the memorandum of understanding, the Secretary and
Secretary of the Interior shall specifically identify the land the
administrative jurisdiction of which is to be transferred to the
Secretary of the Interior and provide for a determination of the exact
acreage and legal description of such land by a survey mutually
satisfactory to the Secretary and the Secretary of the Interior.
(c) Transfer of Improvements.--The transfer required by subsection
(a) may include such buildings or other improvements as the Secretary of
the Interior has requested in writing for purposes of managing the
refuge.
(d) Property Retained for Response Actions.--
(1) In general.--The transfer required by subsection (a) shall not
include, and the Secretary shall retain jurisdiction, authority, and
control over, the following real property and facilities at Rocky Flats:
(A) Any engineered structure, including caps, barrier walls, and
monitoring or treatment wells, to be used in carrying out a response
action for covered substances.
(B) Any real property or facility to be used for any other purpose
relating to a response action or any other action that is required to be
carried out by the Secretary at Rocky Flats.
(2) Consultation.--The Secretary shall consult with the Secretary of
the Interior, the Administrator of the Environmental Protection Agency,
and the Governor of the State of Colorado on the identification of all
real property and facilities to be retained under this subsection.
(e) Cost.--The transfer required by subsection (a) shall be completed
without cost to the Secretary of the Interior.
(f) No Reduction in Funds.--The transfer required by subsection (a),
and the memorandum of understanding required by subsection (b), shall
not result in any reduction in funds available to the Secretary for
cleanup and closure of Rocky Flats.
SEC. 3176. ADMINISTRATION OF RETAINED PROPERTY; CONTINUATION
OF CLEANUP AND CLOSURE.
(a) Administration of Retained Property.--
(1) In general.--In administering the property retained under
section 3175(d), the Secretary shall consult with the Secretary of the
Interior to minimize any conflict between--
(A) the administration by the Secretary of such property for a
purpose relating to a response action; and
(B) the administration by the Secretary of the Interior of land the
administrative jurisdiction of which is transferred under section
3175(a).
(2) Priority in case of conflict.--In the case of any such conflict,
the Secretary and the Secretary of the Interior shall ensure that the
administration for a purpose relating to a response action, as described
in paragraph (1)(A), shall take priority.
(3) Access.--The Secretary of the Interior shall provide to the
Secretary such access and cooperation with respect to the refuge as the
Secretary requires to carry out operation and maintenance, future
response actions, natural resources restoration, or any other
obligations.
(b) Ongoing Cleanup and Closure.--
(1) In general.--The Secretary shall carry out to completion cleanup
and closure at Rocky Flats.
(2) Cleanup levels.--The Secretary shall carry out such cleanup and
closure to the levels established for soil, water, and other media,
following a thorough review by the parties to the RFCA and the public
(including the United States Fish and Wildlife Service and other
interested government agencies) of the appropriateness of the interim
levels in the RFCA.
(3) No restriction on use of new technologies.--Nothing in this
subtitle, and no action taken under this subtitle, restricts the
Secretary from using at Rocky Flats any new technology that may become
available for remediation of contamination.
(c) Opportunity to Comment.--The Secretary of the Interior shall have
the opportunity to comment with respect to any proposed response action
as to the impacts, if any, of such proposed response action on the
refuge.
(d) Rules of Construction.--
(1) No relief from obligations under other law.--Nothing in this
subtitle, and no action taken under this subtitle--
(A) relieves the Secretary, the Administrator of the Environmental
Protection Agency, the Secretary of the Interior, or any other person
from any obligation or other liability with respect to Rocky Flats under
the RFCA or any Federal or State law;
(B) impairs or alters any provision of the RFCA; or
(C) alters any authority of the Administrator of the Environmental
Protection Agency under section 120(e) of CERCLA (42 U.S.C. 9620(e)), or
any authority of the State of Colorado.
(2) Cleanup levels.--Nothing in this subtitle shall reduce the level
of cleanup and closure at Rocky Flats required under the RFCA or any
Federal or State law.
(3) Payment of response action costs.--Nothing in this subtitle
affects the obligation of a Federal department or agency that had or has
operations at Rocky Flats resulting in the release or threatened release
of a covered substance to pay the costs of response actions carried out
to abate the release of, or clean up, the covered substance.
SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE.
(a) In General.--On completion of the transfer required by section
3175(a), and subject to section 3176(a), the Secretary of the Interior
shall commence administration of the real property comprising the refuge
in accordance with this subtitle.
(b) Establishment of Refuge.--Not later than 30 days after the
transfer required by section 3175(a), the Secretary of the Interior
shall establish at Rocky Flats a national wildlife refuge to be known as
the Rocky Flats National Wildlife Refuge.
(c) Composition.--The refuge shall be comprised of the property the
administrative jurisdiction of which was transferred as required by
section 3175(a).
(d) Notice.--The Secretary of the Interior shall publish in the
Federal Register a notice of the establishment of the refuge.
(e) Administration and Purposes.--
(1) In general.--The Secretary of the Interior shall manage the
refuge in accordance with applicable law, including this subtitle, the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.), and the purposes specified in that Act.
(2) Refuge purposes.--The refuge shall be managed for the purposes
of--
(A) restoring and preserving native ecosystems;
(B) providing habitat for, and population management of, native
plants and migratory and resident wildlife;
(C) conserving threatened and endangered species (including species
that are candidates for listing under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.)); and
(D) providing opportunities for compatible scientific research.
(3) Management.--In managing the refuge, the Secretary of the
Interior shall--
(A) ensure that wildlife-dependent recreation and environmental
education and interpretation are the priority public uses of the refuge;
and
(B) comply with all response actions.
SEC. 3178. COMPREHENSIVE PLANNING PROCESS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, in developing a comprehensive conservation plan
for the refuge in accordance with section 4(e) of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)), the
Secretary of the Interior shall establish a comprehensive planning
process that involves the public and local communities. The Secretary of
the Interior shall establish such process in consultation with the
Secretary, the members of the Coalition, the Governor of the State of
Colorado, and the Federal and State of Colorado officials who have been
designated as trustees for Rocky Flats under section 107(f)(2) of CERCLA
(42 U.S.C. 9607(f)(2)).
(b) Other Participants.--In addition to the entities specified in
subsection (a), the comprehensive planning process required by
subsection (a) shall include the opportunity for direct involvement of
entities that are not members of the Coalition as of the date of the
enactment of this Act, including the Rocky Flats Citizens' Advisory
Board and the cities of Thornton, Northglenn, Golden, Louisville, and
Lafayette, Colorado.
(c) Dissolution of Coalition.--If the Coalition dissolves, or if any
Coalition member elects to leave the Coalition during the comprehensive
planning process required by subsection (a)--
(1) such comprehensive planning process shall continue; and
(2) an opportunity shall be provided to each entity that is a member
of the Coalition as of September 1, 2000, for direct involvement in such
comprehensive planning process.
(d) Contents.--In addition to the requirements of section 4(e) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(e)), the comprehensive conservation plan referred to in subsection
(a) shall address and make recommendations on the following:
(1) The identification of any land referred to in subsection (e) of
section 3174 that could be made available under that subsection.
(2) The characteristics and configuration of any perimeter fencing
that may be appropriate or compatible for cleanup and closure purposes,
refuge purposes, or other purposes.
(3) The feasibility of locating, and the potential location for, a
visitor and education center at the refuge.
(4) Any other issues relating to Rocky Flats.
(e) Coalition Defined.--In this section, the term ``Coalition'' means
the Rocky Flats Coalition of Local Governments established by the
Intergovernmental Agreement, dated February 16, 1999, among--
(1) the city of Arvada, Colorado;
(2) the city of Boulder, Colorado;
(3) the city of Broomfield, Colorado;
(4) the city of Westminster, Colorado;
(5) the town of Superior, Colorado;
(6) Boulder County, Colorado; and
(7) Jefferson County, Colorado.
(f) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary of the Interior shall submit to
Congress--
(1) the comprehensive conservation plan referred to in subsection
(a); and
(2) a report that contains--
(A) an outline of the involvement of the public and local
communities in the comprehensive planning process, as required by
subsection (a);
(B) to the extent that any input or recommendation from the
comprehensive planning process is not accepted, a clear statement of the
reasons why such input or recommendation is not accepted; and
(C) a discussion of the impacts of any property rights referred to
in section 3179(a) on management of the refuge, and an identification of
strategies for resolving and mitigating these impacts.
SEC. 3179. PROPERTY RIGHTS.
(a) In General.--Except as provided in subsections (c) and (d),
nothing in this subtitle limits any valid, existing property right at
Rocky Flats that is owned by any person or entity, including, but not
limited to--
(1) any mineral right;
(2) any water right or related easement; and
(3) any facility or right-of-way for a utility.
(b) Access.--Except as provided in subsection (c), nothing in this
subtitle affects any right of an owner of a property right referred to
in subsection (a) to access the owner's property.
(c) Reasonable Conditions.--
(1) In general.--The Secretary or the Secretary of the Interior may
impose such reasonable conditions on access to property rights referred
to in subsection (a) as are appropriate for the cleanup and closure of
Rocky Flats and for the management of the refuge.
(2) No effect on other law.--Nothing in this subtitle affects any
Federal, State, or local law (including any regulation) relating to the
use, development, and management of property rights referred to in
subsection (a).
(3) No effect on access rights.--Nothing in this subsection
precludes the exercise of any access right, in existence on the date of
the enactment of this Act, that is necessary to perfect or maintain a
water right in existence on that date.
(d) Utility Extension.--
(1) In general.--The Secretary or the Secretary of the Interior may
allow not more than one extension from an existing utility right-of-way
on Rocky Flats, if necessary.
(2) Conditions.--An extension under paragraph (1) shall be subject
to the conditions specified in subsection (c).
(e) Easement Surveys.--Subject to subsection (c), until the date that
is 180 days after the date of the enactment of this Act, an entity that
possesses a decreed water right or prescriptive easement relating to
land at Rocky Flats may carry out such surveys at Rocky Flats as the
entity determines are necessary to perfect the right or easement.
SEC. 3180. LIABILITIES AND OTHER OBLIGATIONS.
(a) In General.--Nothing in this subtitle shall relieve, and no
action may be taken under this subtitle to relieve, the Secretary, the
Secretary of the Interior, or any other person from any liability or
other obligation at Rocky Flats under CERCLA, RCRA, or any other Federal
or State law.
(b) Cost Recovery, Contribution, and Other Action.--Nothing in this
subtitle is intended to prevent the United States from bringing a cost
recovery, contribution, or other action that would otherwise be
available under Federal or State law.
SEC. 3181. ROCKY FLATS MUSEUM.
(a) Museum.--To commemorate the contribution that Rocky Flats and its
worker force provided to winning the Cold War and the impact that such
contribution has had on the nearby communities and the State of
Colorado, the Secretary may establish a Rocky Flats Museum.
(b) Location.--The Rocky Flats Museum shall be located in the city of
Arvada, Colorado, unless, after consultation under subsection (c), the
Secretary determines otherwise.
(c) Consultation.--The Secretary shall consult with the city of
Arvada, other local communities, and the Colorado State Historical
Society on--
(1) the development of the museum;
(2) the siting of the museum; and
(3) any other issues relating to the development and construction of
the museum.
(d) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary, in coordination with the city of
Arvada, shall submit to Congress a report on the costs associated with
the construction of the museum and any other issues relating to the
development and construction of the museum.
SEC. 3182. ANNUAL REPORT ON FUNDING.
For each of fiscal years 2003 through 2007, at the time of submission
of the budget of the President under section 1105(a) of title 31, United
States Code, for such fiscal year, the Secretary and the Secretary of
the Interior shall jointly submit to Congress a report on the costs of
implementation of this subtitle. The report shall include--
(1) the costs incurred by each Secretary in implementing this
subtitle during the preceding fiscal year; and
(2) the funds required by each Secretary to implement this subtitle
during the current and subsequent fiscal years.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2002,
$18,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3304. Revision of limitations on required disposals of
certain materials in National Defense Stockpile.
Sec. 3305. Acceleration of required disposal of cobalt in National
Defense Stockpile.
Sec. 3306. Restriction on disposal of manganese ferro.
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction Fund'' means
the fund established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
(3) The term ``Market Impact Committee'' means the Market Impact
Committee appointed under section 10(c) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h 1(c)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2002, the
National Defense Stockpile Manager may obligate up to $65,200,000 of the
funds in the National Defense Stockpile Transaction Fund for the
authorized uses of such funds under section 9(b)(2) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)), 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. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorized.--Subject to the conditions specified in
subsection (b), the President may dispose of obsolete and excess
materials contained in the National Defense Stockpile. The materials
subject to disposal under this subsection and the quantity of each
material authorized to be disposed of by the President are set forth in
the following table:
Authorized Stockpile Disposals
Material for disposal Quantity
Bauxite 40,000 short tons
Chromium Metal 3,512 short tons
Iridium 25,140 troy ounces
Jewel Bearings 30,273,221 pieces
Manganese Ferro HC 209,074 short tons
Palladium 11 troy ounces
Quartz Crystal 216,648 pounds
Tantalum Metal Ingot 120,228 pounds contained
Tantalum Metal Powder 36,020 pounds contained
Thorium Nitrate 600,000 pounds.
(b) Minimization of Disruption and Loss.--The President may not
dispose of materials under subsection (a) to the extent that the
disposal will result in--
(1) undue disruption of the usual markets of producers, processors,
and consumers of the materials proposed for disposal; or
(2) avoidable loss to the United States.
(c) Relationship to Other Disposal Authority.--The disposal authority
provided in subsection (a) is new disposal authority and is in addition
to, and shall not affect, any other disposal authority provided by law
regarding the materials specified in such subsection.
SEC. 3304. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF
CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.
(a) Public Law 105 261.--Section 3303 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105 261; 50
U.S.C. 98d note) is amended--
(1) in subsection (a)--
(A), by striking ``the amount of--'' and inserting ``total amounts
not less than--'';
(B) by striking ``and'' at the end of paragraph (3); and
(C) by striking paragraph (4) and inserting the following new
paragraphs:
``(4) $760,000,000 by the end of fiscal year 2005; and
``(5) $770,000,000 by the end of fiscal year 2011.''; and
(2) in subsection (b)(2), by striking ``receipts in the amounts
specified in subsection (a)'' and inserting ``receipts in the total
amount specified in subsection (a)(5)''.
(b) Public Law 105 85.--Section 3305 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105 85; 50 U.S.C. 98d
note) is amended--
(1) in subsection (a), by striking ``amounts equal to--'' and
inserting ``total amounts not less than--''; and
(2) in subsection (b), by striking paragraph (2) and inserting the
following new paragraph:
``(2) The President may not dispose of cobalt under this section in
fiscal year 2006 in excess of the disposals necessary to result in
receipts during that fiscal year in the total amount specified in
subsection (a)(5).''.
(c) Public Law 104 201.--Section 3303 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 50 U.S.C.
98d note) is amended--
(1) in subsection (a), by striking ``amounts equal to--'' and
inserting ``total amounts not less than--''; and
(2) in subsection (b), by striking paragraph (2) and inserting the
following new paragraph:
``(2) The President may not dispose of materials under this section
during the 10-fiscal year period referred to in subsection (a)(2) in
excess of the disposals necessary to result in receipts during that
period in the total amount specified in such subsection.''.
SEC. 3305. ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN
NATIONAL DEFENSE STOCKPILE.
Section 3305(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105 85; 50 U.S.C. 98d note), as amended by section
3304(b) of this Act, is amended--
(1) in paragraph (1), by striking ``2003'' and inserting ``2002'';
(2) in paragraph (2), by striking ``2004'' and inserting ``2003'';
(3) in paragraph (3), by striking ``2005'' and inserting ``2004'';
(4) in paragraph (4), by striking ``2006'' and inserting ``2005''; and
(5) in paragraph (5), by striking ``2007'' and inserting ``2006''.
SEC. 3306. RESTRICTION ON DISPOSAL OF MANGANESE FERRO.
(a) Temporary Quantity Restrictions.--During fiscal years 2002
through 2005, the disposal of manganese ferro in the National Defense
Stockpile may not exceed the following quantities:
(1) During fiscal year 2002, 25,000 short tons of all grades of
manganese ferro.
(2) During fiscal year 2003, 25,000 short tons of high carbon
manganese ferro of the highest grade.
(3) During each of the fiscal years 2004 and 2005, 50,000 short tons
of high carbon manganese ferro of the highest grade.
(b) Conforming Amendment.--Section 3304 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104 106; 110 Stat.
629) is repealed.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $17,371,000 for fiscal year 2002 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2002.
Sec. 3502. Define ``war risks'' to vessels to include
confiscation, expropriation, nationalization, and deprivation of the
vessels.
Sec. 3503. Holding obligor's cash as collateral under title XI of
Merchant Marine Act, 1936.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2002.
Funds are hereby authorized to be appropriated for fiscal year 2002,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training activities,
$89,054,000.
(2) For expenses under the loan guarantee program authorized by
title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),
$103,978,000, of which--
(A) $100,000,000 is for the cost (as defined in section 502(5) of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees under the program; and
(B) $3,978,000 is for administrative expenses related to loan
guarantee commitments under the program.
(3) For expenses to dispose of obsolete vessels in the National
Defense Reserve Fleet, $10,000,000.
SEC. 3502. DEFINE ``WAR RISKS'' TO VESSELS TO INCLUDE
CONFISCATION, EXPROPRIATION, NATIONALIZATION, AND DEPRIVATION OF THE
VESSELS.
Section 1201(c) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1281(c)) is amended to read as follows:
``(c) The term `war risks' includes to such extent as the Secretary
may determine--
``(1) all or any part of any loss that is excluded from marine
insurance coverage under a `free of capture or seizure' clause, or under
analogous clauses; and
``(2) other losses from hostile acts, including confiscation,
expropriation, nationalization, or deprivation.''.
SEC. 3503. HOLDING OBLIGOR'S CASH AS COLLATERAL UNDER TITLE XI
OF MERCHANT MARINE ACT, 1936.
Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
seq.) is amended by inserting after section 1108 the following:
``SEC. 1109. DEPOSIT FUND.
``(a) Establishment of Deposit Fund.--There is established in the
Treasury a deposit fund for purposes of this section. The Secretary may,
in accordance with an agreement under subsection (b), deposit into and
hold in the deposit fund cash belonging to an obligor to serve as
collateral for a guarantee under this title made with respect to the
obligor.
``(b) Agreement.--
``(1) In general.--The Secretary and an obligor shall enter into a
reserve fund or other collateral account agreement to govern the
deposit, withdrawal, retention, use, and reinvestment of cash of the
obligor held in the deposit fund established by subsection (a).
``(2) Terms.--The agreement shall contain such terms and conditions
as are required under this section and such additional terms as are
considered by the Secretary to be necessary to protect fully the
interests of the United States.
``(3) Security interest of united states.--The agreement shall
include terms that grant to the United States a security interest in all
amounts deposited into the deposit fund.
``(c) Investment.--The Secretary may invest and reinvest any part of
the amounts in the deposit fund established by subsection (a) in
obligations of the United States with such maturities as ensure that
amounts in the deposit fund will be available as required for purposes
of agreements under subsection (b). Cash balances of the deposit fund in
excess of current requirements shall be maintained in a form of
uninvested funds and the Secretary of the Treasury shall pay interest on
these funds.
``(d) Withdrawals.--
``(1) In general.--The cash deposited into the deposit fund
established by subsection (a) may not be withdrawn without the consent
of the Secretary.
``(2) Use of income.--Subject to paragraph (3), the Secretary may
pay any income earned on cash of an obligor deposited into the deposit
fund in accordance with the terms of the agreement with the obligor
under subsection (b).
``(3) Retention against default.--The Secretary may retain and
offset any or all of the cash of an obligor in the deposit fund, and any
income realized thereon, as part of the Secretary's recovery against the
obligor in case of a default by the obligor on an obligation.''.
And the House agree to the same.
From the Committee on Armed Services, for consideration of the Senate
Bill and the House amendment, and modifications committed to conference:
Bob Stump,
Duncan Hunter,
James V. Hansen,
Curt Weldon,
Jim Saxton,
John M. McHugh,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, Jr.,
Mac Thornberry,
Saxby Chambliss,
Ike Skelton,
Solomon P. Ortiz,
Lane Evans,
Neil Abercrombie,
Martin T. Meehan,
Robert A. Underwood,
Thomas Allen,
Vic Snyder,
From the Committee on Education and the Workforce, for consideration
of secs. 304, 305, 1123, 3151, and 3157 of the Senate bill, and secs.
341, 342, 509, and 584 of the House amendment, and modifications
committed to conference:
Michael N. Castle,
Johnny Isakson,
George Miller,
From the Committee on Government Reform, for consideration of secs.
564, 622, 803, 813, 901, 1044, 1047, 1051, 1065, 1075, 1102, 1111 1113,
1124 1126, 2832, 3141, 3144, and 3153 of the Senate bill, and secs. 333,
519, 588, 802, 803, 811 819, 1101, 1103 1108, 1110, and 3132 of the
House amendment, and modifications committed to conference:
Dan Burton,
Dave Weldon,
Henry A. Waxman,
Provided that Mr. Tom Davis of Virginia is appointed in lieu of Mr.
Weldon of Florida for consideration of secs. 803 and 2832 of the Senate
bill, and secs. 333 and 803 of the House amendment, and modifications
committed to conference:
Tom Davis,
Provided that Mr. Horn is appointed in lieu of Mr. Weldon of Florida
for consideration of secs. 811 819 of the House amendment, and
modifications committed to conference:
Stephen Horn,
From the Committee on House Administration, for consideration of
secs. 572, 574 577, and 579 of the Senate bill, and sec. 552 of the
House amendment, and modifications committed to conference:
Robert W. Ney,
John L. Mica,
From the Committee on International Relations, for consideration of
secs. 331, 333, 1201 1205, and 1211 1218 of the Senate bill, and secs.
1011, 1201, 1202, 1205, and 1209, title XIII, and sec. 3133 of the House
amendment, and modifications committed to conference:
Henry Hyde,
Ben Gilman,
Tom Lantos,
From the Committee on the Judiciary, for consideration of secs. 821,
1066, and 3151 of the Senate bill, and secs. 323 and 818 of the House
amendment, and modifications committed to conference:
F. James Sensenbrenner, Jr.,
Lamar Smith,
From the Committee on Resources, for consideration of secs. 601, 663,
2823, and 3171 3181 of the Senate bill, and secs. 601, 1042, 2841, 2845,
2861 2863, and 2865 and title XXIX of the House amendment, and
modifications committed to conference:
Jim Gibbons,
George Radanovich,
Provided that Mr. Udall of Colorado is appointed in lieu of Mr.
Rahall for consideration of secs. 3171 3181 of the Senate bill, and
modifications committed to conference:
Mark Udall,
From the Committee on Science, for consideration of secs. 1071 and
1124 of the Senate bill, and modifications committed to conference:
Sherwood Boehlert,
Nick Smith,
Ralph M. Hall,
Provided that Mr. Ehlers is appointed in lieu of Mr. Smith of
Michigan for consideration of sec. 1124 of the Senate bill, and
modifications committed to conference:
Vernon J. Ehlers,
From the Committee on Small Business, for consideration of secs. 822
824 and 1068 of the Senate bill, and modifications committed to
conference:
Donald A. Manzulo,
Larry Combest,
From the Committee on Transportation and Infrastructure, for
consideration of secs. 563, 601, and 1076 of the Senate bill, and secs.
543, 544, 601, 1049, and 1053 of the House amendment, and modifications
committed to conference:
Don Young,
Frank A. LoBiondo,
Corrine Brown,
Provided that Mr. Pascrell is appointed in lieu of Ms. Brown of
Florida for consideration of sec. 1049 of the House amendment, and
modifications committed to conference:
Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for consideration of secs.
538, 539, 573, 651, 717, and 1064 of the Senate bill, and sec. 641 of
the House amendment, and modifications committed to conference:
Christopher H. Smith,
(except sec. 641 of House amendment and secs. 539 and 651 of
Senate bill),
Mike Bilirakis,
Managers on the Part of the House.
Carl Levin,
Ted Kennedy,
Joseph Lieberman,
Max Cleland,
Mary Landrieu,
Jack Reed,
Daniel K. Akaka,
Bill Nelson,
Ben Nelson,
Jean Carnahan,
Mark Dayton,
Jeff Bingaman,
John Warner,
Strom Thurmond,
Bob Smith,
Jim Inhofe,
Rick Santorum,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Susan Collins,
Jim Bunning,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amendment
of the House to the bill (S. 1438), to authorize appropriations for
fiscal year 2002 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes, submit the following joint
statement to the House and the Senate in explanation of the effect of
the action agreed upon by the managers and recommended in the
accompanying conference report:
The House amendment struck all of the Senate bill after the enacting
clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment of the
House with an amendment that is a substitute for the Senate bill and the
House amendment. The differences between the Senate bill, the House
amendment, and the substitute agreed to in conference are noted below,
except for clerical corrections, conforming changes made necessary by
agreements reached by the conferees, and minor drafting and clerical
changes.
SUMMARY STATEMENT OF CONFERENCE ACTION
The conferees recommend authorization of appropriations for fiscal
year 2002 for the Department of Defense for procurement; research and
development; test and evaluation; operation and maintenance; working
capital funds; military construction and family housing; and for weapons
and environmental restoration programs of the Department of Energy, that
have a budget authority implication of $343.3 billion for the national
defense function.
SUMMARY TABLE OF AUTHORIZATIONS
The defense authorization act provides authorizations for
appropriations but does not generally provide budget authority. Budget
authority is provided in appropriations acts.
In order to relate the conference recommendations to the Budget
Resolution, matters in addition to the dollar authorizations contained
in this bill must be taken into account. A number of programs in the
national defense function are authorized permanently or, in certain
instances, authorized in other annual legislation.
The following table summarizes authorizations included in the bill
for fiscal year 2002 and, in addition, summarizes the implications of
the conference action for the budget authority totals for national
defense (budget function 050).
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CONGRESSIONAL DEFENSE COMMITTEES
The term ``congressional defense committees'' is often used in this
statement of managers. It means the Defense Authorization and
Appropriations Committees of the Senate and the House of
Representatives.
COMMITTEE REPORTS
The Senate bill contained a provision (sec. 4) regarding the
applicability of the report of the Committee on Armed Services of the
Senate to accompany S. 1416 to this bill.
The House amendment contained no similar provision.
The Senate recedes. The conferees agree that the report of the
Committee on Armed Services of the Senate to accompany S. 1416 (Senate
Report 107 62) shall apply to this Act to the same extent, and in the
same manner, as the report of the Committee on Armed Services of the
House of Representatives to accompany H.R. 2586 (House Report 107 194).
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Procurement overview
The budget request for fiscal year 2002 included an authorization of
$61,813.6 million for Procurement for the Department of Defense.
The Senate bill would authorize $62,532.7 million.
The House amendment would authorize $62,312.8 million.
The conferees recommended an authorization of $62,477.7 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Management reform initiatives
The conferees agree to reduce procurement accounts by $90.0 million
to reflect savings from management reform initiatives, as discussed in
Title VIII.
Aircraft Procurement, Army--Overview
The budget request for fiscal year 2002 included an authorization of
$1,925.5 million for Aircraft Procurement, Army in the Department of
Defense.
The Senate bill would authorize $2,123.4 million.
The House amendment would authorize $1,987.5 million.
The conferees recommended an authorization of $2,075.4 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Missile Procurement, Army--Overview
The budget request for fiscal year 2002 included an authorization of
$1,859.6 million for Missile Procurement, Army in the Department of
Defense.
The Senate bill would authorize $1,807.4 million.
The House amendment would authorize $1,097.3 million.
The conferees recommended an authorization of $1,087.0 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Procurement of Weapons and Tracked Combat Vehicles, Army--Overview
The budget request for fiscal year 2002 included an authorization of
$2,276.7 million for Procurement of Weapons and Tracked Combat Vehicles,
Army in the Department of Defense.
The Senate bill would authorize $2,276.7 million.
The House amendment would authorize $2,367.0 million.
The conferees recommended an authorization of $2,348.1 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Procurement of Ammunition, Army--Overview
The budget request for fiscal year 2002 included an authorization of
$1,193.4 million for Procurement of Ammunition, Army in the Department
of Defense.
The Senate bill would authorize $1,187.6 million.
The House amendment would authorize $1,208.6 million.
The conferees recommended an authorization of $1,187.2 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Other Procurement, Army--Overview
The budget request for fiscal year 2002 included an authorization of
$3,961.7 million for Other Procurement, Army in the Department of
Defense.
The Senate bill would authorize $4,024.5 million.
The House amendment would authorize $4,144.0 million.
The conferees recommended an authorization of $4,044.1 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Chemical Agents and Munitions Destruction, Army--Overview
The budget request for fiscal year 2002 included an authorization of
$1,153.6 million for Chemical Agents & Munitions Destruction, Army in
the Department of Defense.
The Senate bill would authorize $1,153.6 million for Chemical Agents
& Munitions Destruction, Defense.
The House amendment would authorize $1,078.6 million for Chemical
Agents & Munitions Destruction, Defense.
The conferees recommended an authorization of $1,153.6 million for
Chemical Agents & Munitions Destruction, Defense. Unless noted
explicitly in the statement of managers, all changes are made without
prejudice.
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Aircraft Procurement, Navy--Overview
The budget request for fiscal year 2002 included an authorization of
$8,252.5 million for Aircraft Procurement, Navy in the Department of
Defense.
The Senate bill would authorize $8,169.0 million.
The House amendment would authorize $8,337.2 million.
The conferees recommended an authorization of $8,323.1 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Weapons Procurement, Navy--Overview
The budget request for fiscal year 2002 included an authorization of
$1,433.5 million for Weapons Procurement, Navy in the Department of
Defense.
The Senate bill would authorize $1,503.5 million.
The House amendment would authorize $1,476.7 million.
The conferees recommended an authorization of $1,484.3 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Procurement of Ammunition, Navy and Marine Corps--Overview
The budget request for fiscal year 2002 included an authorization of
$457.1 million for Procurement of Ammunition, Navy and Marine Corps in
the Department of Defense.
The Senate bill would authorize $476.1 million.
The House amendment would authorize $463.6 million.
The conferees recommended an authorization of $466.9 million. Unless
noted explicitly in the statement of managers, all changes are made
without prejudice.
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Shipbuilding and Conversion, Navy--Overview
The budget request for fiscal year 2002 included an authorization of
$9,344.1 million for Shipbuilding and Conversion, Navy in the Department
of Defense.
The Senate bill would authorize $9,522.1 million.
The House amendment would authorize $9,378.2 million.
The conferees recommended an authorization of $9,371.0 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Other Procurement, Navy--Overview
The budget request for fiscal year 2002 included an authorization of
$4,097.6 million for Other Procurement, Navy in the Department of
Defense.
The Senate bill would authorize $4,293.5 million.
The House amendment would authorize $4,157.3 million.
The conferees recommended an authorization of $4,282.5 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Procurement, Marine Corps--Overview
The budget request for fiscal year 2002 included an authorization of
$981.7 million for Procurement, Marine Corps in the Department of
Defense.
The Senate bill would authorize $981.7 million.
The House amendment would authorize $1,025.6 million.
The conferees recommended an authorization of $1,014.6 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Aircraft Procurement, Air Force--Overview
The budget request for fiscal year 2002 included an authorization of
$10,744.5 million for Aircraft Procurement, Air Force in the Department
of Defense.
The Senate bill would authorize $10,893.0 million.
The House amendment would authorize $10,705.7 million.
The conferees recommended an authorization of $10,789.2 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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High altitude endurance unmanned aerial vehicle
The budget request included $33.5 million for advanced procurement
of additional Global Hawk high altitude endurance unmanned aerial
vehicles (HAE UAVs).
The Senate bill and the House amendment would authorize the budget
request.
The House Intelligence Authorization for fiscal year 2002 (H.R.
2883) would not authorize any of the requested funds.
The conferees agree to authorize the budget request.
The conferees are aware that much has been evolving in the Global
Hawk HAE UAV program in recent months. At the time of the budget
request, the plan for these funds was to procure HAE UAVs in the less
capable Block 5 configuration, which contributed to the House
recommendation. The accelerated program that is now underway would make
these funds available for advanced procurement of the Block 10
configuration, which will provide the electrical power, cooling, and
interfaces for sensor packages, which should meet the evolving Global
Hawk requirement. These changes have addressed some of the concerns
expressed in the House report (H. Rept. 107 219).
Another concern shared by the conferees is the fact that the
requirements for this system are evolving at the very time that the
program is being accelerated. The conferees would expect requirements
documentation with completed mission area annexes to be the basis for
future program decisions. The conferees want to ensure that existing
intelligence, surveillance, and reconnaissance (ISR) assets, such as the
U 2, continue to be operated and upgraded as necessary until such time
that any new systems, like the Global Hawk HAE UAV and its sensors, are
fully tested and integrated with the required ground architecture and
satisfy the operational mission requirements.
Finally, the conferees expect, before these advanced procurement
funds are released, that the milestone decision authority approve this
production in an acquisition decision memorandum that approves a
coordinated and integrated acquisition strategy, taking into account the
requirement, platform and sensor integration, ground architecture plan,
and test plan for this spiral of the program.
Missile Procurement, Air Force--Overview
The budget request for fiscal year 2002 included an authorization of
$3,233.5 million for Missile Procurement, Air Force in the Department of
Defense.
The Senate bill would authorize $3,286.1 million.
The House amendment would authorize $3,226.3 million.
The conferees recommended an authorization of $3,222.6 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Procurement of Ammunition, Air Force--Overview
The budget request for fiscal year 2002 included an authorization of
$865.3 million for Procurement of Ammunition, Air Force in the
Department of Defense.
The Senate bill would authorize $885.3 million.
The House amendment would authorize $871.3 million.
The conferees recommended an authorization of $881.8 million. Unless
noted explicitly in the statement of managers, all changes are made
without prejudice.
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Other Procurement, Air Force--Overview
The budget request for fiscal year 2002 included an authorization of
$8,159.5 million for Other Procurement, Air Force in the Department of
Defense.
The Senate bill would authorize $8,081.7 million.
The House amendment would authorize $8,250.8 million.
The conferees recommended an authorization of $8,196.0 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Procurement, Defense-Wide--Overview
The budget request for fiscal year 2002 included an authorization of
$1,603.9 million for Procurement, Defense-Wide in the Department of
Defense.
The Senate bill would authorize $1,596.7 million.
The House amendment would authorize $2,267.3 million.
The conferees recommended an authorization of $2,279.5 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Chemical Agents and Munitions Destruction, Defense--Overview
The budget request for fiscal year 2002 included an authorization of
$1,153.6 million for Chemical Agents & Munitions Destruction, Army in
the Department of Defense.
The Senate bill would authorize $1,153.6 million.
The House amendment would authorize $1,078.6 million.
The conferees recommended an authorization of $1,153.6 million for
Chemical Agents & Munitions Destruction, Defense. Unless noted
explicitly in the statement of managers, all changes are made without
prejudice.
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ITEMS OF SPECIAL INTEREST
Acquisition programs at the National Reconnaissance Office
The Senate report (S. Rept. 107 62) raised several concerns about
acquisition programs at the National Imagery and Mapping Agency (NIMA).
The report expressed concern that the requirements trade-off process for
the future imagery architecture (FIA) may not have provided sufficient
attention to all aspects of an end-to-end capability, focusing too
narrowly on the collection aspects of the problem.
The Senate report insisted that the requirements trade-off process
consider the complete picture, not just the more narrow question of the
collection instrument. The report further directed the Secretary of
Defense and the Director of Central Intelligence to ensure that the
acquisition policies of the Office of the Secretary of Defense, the
Community Management Staff, and the National Reconnaissance Office (NRO)
be changed to prevent recurrences of these problems at the NIMA. The
report stated that these policies should prevent NRO satellite programs
from entering acquisition until the Joint Requirements Oversight Council
(JROC) and Mission Requirements Board (MRB) have approved a set of
requirements for end-to-end system performance (i.e., ground and space
segments together), and cost and schedule estimates to meet those
requirements have been prepared by the NRO and its mission partners or
other appropriate organizations.
The report accompanying the House amendment (H. Rept. 107 194)
expressed no similar sentiment.
The conferees agree that the requirements trade-off process should
consider the entire end-to-end system, not just the collection
instruments. NRO satellite programs should include an assessment of the
costs and impacts to the mission partners before being approved to enter
acquisition. The JROC and MRB should also have an approved set of
requirements for end-to-end system performance, i.e., ground,
communications and space segments together. Complete cost and schedule
estimates to meet these requirements should be presented by the NRO and
its mission partners or other appropriate organizations and presented to
the Director of Central Intelligence, the Secretary of Defense, and
Congress.
However, the conferees do not believe that this should be an
absolute prohibition placed on all NRO systems. For example, there are
technology demonstration activities and other non-major systems
procurement where spending resources on fielding an end-to-end
capability is neither required nor appropriate.
The conferees believe that there has been progress in this area, but
that the Secretary of Defense and the DCI should further ensure major
new acquisition programs that support national-level requirements and
the Department of Defense customers have completed the appropriate level
of documentation in a formal requirements process, and the cost and
schedule estimates to meet these end-to-end requirements have been
prepared, before such programs enter into acquisition.
Acquisition programs at the National Security Agency
The Senate report (S. Rept. 107 62) raised several concerns about
acquisition programs at the National Security Agency (NSA). The report
noted that the Director of the NSA has made progress in transforming the
NSA. The report, however, expressed concern that more progress needs to
be made in the NSA processes if the NSA is to achieve the capabilities
that the nation will require.
The report identified a number of specific actions that the NSA
would have to complete before December 1, 2001. Otherwise, the report
would direct that the NSA modernization effort be designated a major
defense acquisition program and milestone decision authority reside with
the Under Secretary of Defense (Acquisition, Technology & Logistics).
In light of the problems identified in the Senate report, the report
would direct that the Office of the Secretary of Defense (OSD) and the
Community Management Staff (CMS) conduct a ``baselining'' of the NSA
that parallels the successful and productive effort performed at the
National Imagery and Mapping Agency in fiscal year 2001. There were a
number of specific actions identified in the Senate report to help
improve the situation at the NSA, including the following:
(1) The NSA must create a rational requirements process and produce
a prioritized requirements baseline that is structured to support a
spiral-development approach to major elements of the modernization
program;
(2) The NSA must produce a rationalized, integrated schedule and
requirements allocation for all the major elements of its modernization
effort;
(3) The NSA must develop plans for turning over most or all of the
systems integration job to a single industry team;
(4) The NSA must create a detailed plan to subordinate the interim
Trailblazer program under the Objective Trailblazer program upon
contract award;
(5) The NSA must produce a detailed audit of all the hundreds of
ongoing development activities and programs within the Agency;
(6) The NSA must produce a detailed plan and schedule to establish a
rigorous ``make-versus-buy'' decision process for all the NSA
acquisition activities; and
(7) The NSA must produce a plan acceptable to the Department of
Defense and the Director of Central Intelligence for enterprise-wide
systems engineering.
The House report (H. Rept. 107 194) expressed no similar sentiments.
The conferees believe that the senior acquisition executive (SAE)
and the NSA have made significant improvements in the acquisition
process. For example, the SAE has initiated an orderly review process
and has increased the percentage of competitive acquisitions.
However, much needed progress still remains to be achieved. The SAE
is operating within a requirements and architecture vacuum, is not
responsible for technology selection, has no control over correcting
deficiencies in systems or software engineering disciplines, and appears
to lack the authority to cancel or redirect troubled programs. The chief
financial manager (CFM) is understaffed and has struggled to gain
internal support to implement a cost accounting system that would enable
the NSA to conduct an accurate financial baselining of all programs.
To its credit, the NSA has acknowledged that its major modernization
programs were proceeding in isolation, and over the past several months,
there has been an attempt to address the integration problem within the
Signals Intelligence Directorate. However, such revelations must be
accompanied by concrete plans for improvement.
The conferees agree with the need for the OSD and the CMS to enforce
the baselining activities identified in the Senate report. In addition
to the specific tasks identified above, the baselining effort should
oversee and verify effective implementation of the CFM's plans for cost
centers that will comprise the fiscal year 2003 budget request. The
conferees further encourage the NSA to seek the advice of independent,
outside experts to assist in guiding its selection of technologies under
this baselining effort.
The conferees agree that, unless the OSD, the CMS and the NSA
complete the baselining by December 1, 2002, the Congress will direct
that the NSA's modernization effort be designated a major defense
acquisition program, with milestone decision authority likely residing
with the Under Secretary of Defense (Acquisition, Technology, and
Logistics) until initial operational capability is achieved.
Airborne signals intelligence recapitalization and modernization
The conferees remain interested in sustaining and improving airborne
reconnaissance platforms, sensors and payloads, and the architecture
under which they operate. These systems provide theater and operational
commanders with the bulk of real-time tactical imagery and signals
intelligence (SIGINT).
The current fleet of reconnaissance platforms, consisting of the RC
135, the EP 3, and the U 2, is aging. In addition to the platforms under
development, including the Aerial Common Sensor and the Global Hawk High
Altitude Endurance Unmanned Aerial Vehicle (HAE UAV), the conferees are
aware of Army, Navy and Air Force initiatives to consider the
replacement of their older reconnaissance platforms.
The conferees are also aware of the current status of collection
systems used by the reconnaissance platforms, and are particularly
concerned with SIGINT systems. The recent cancellation of the low-band
subsystem (LBSS) portion of the Joint SIGINT Avionics Family (JSAF)
program has necessitated a complete review of the way ahead for this
vital capability. Although the development of the JSAF high-band
subsystem has been more successful, without LBSS the SIGINT requirement
will not have been fully met. Prior to establishment of the JSAF
program, the individual services had disparate upgrade programs.
Although technology sharing occurred, it was sporadic and uncoordinated.
The Department of Defense's approach must be coordinated and based
on architectural standards. The conferees are pleased with the National
Security Agency efforts to develop the Joint Airborne SIGINT
Architecture and the associated maritime SIGINT architecture. The
conferees believe the Assistant Secretary of Defense for Command,
Control, Communications, and Intelligence should develop an
architectural plan to provide standards-based policy direction to the
services, whose platform program offices can develop systems and, to the
maximum extent possible, share developments. The conferees expect the
plan to include: (1) a robust spiral development approach; and (2)
adequate emphasis on fielding and modernizing the appropriate ground
support infrastructure.
The conferees believe the time is right to begin the formal
discussion of the recapitalization and modernization of the airborne
signals intelligence platforms, systems, and architecture. The conferees
are specifically not endorsing any option for recapitalization. In fact,
with several options under consideration, the conferees believe the
Department of Defense should conduct an analysis of alternatives to
determine the most cost-effective approach to this recapitalization and
modernization. The conferees believe, in weighing the various options,
consideration should be given to: (1) collaborative, network-centric
operations that allow the various platforms to coordinate their various
collection and analytical functions; (2) the ability to control unmanned
aerial vehicles and their payloads; (3) a reach-back capability allowing
analysts not on the platform to operate systems; (4) software
re-programmable systems to allow for rapid threat updates; and (5) the
ability to share in system upgrades.
Arleigh Burke-class destroyer procurement
The conferees agree with the Navy assessment that the destroyer
industrial base is at risk unless three destroyers are built each year
or unless the destroyer shipbuilders attain significant other work
beyond their historic level of the past 10 years. Therefore, the
conferees agree that the Secretary of the Navy should include
procurement of three Arleigh Burke -class destroyers in the fiscal year
2003 budget request to attain an economic rate of production and
consider options for maintaining and transitioning the industrial base,
including second tier suppliers, to future destroyer production.
Attack submarine force structure study
Section 123 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 required the Secretary of Defense to provide a
report on the Navy's fleet of attack submarines. That provision required
that the Secretary submit this report with the fiscal year 2002 budget
request.
Although the amended budget request was submitted to Congress on
June 27, 2001, the Secretary has not yet submitted the required report.
The conferees urge the Secretary of Defense to submit the required
report, which is intended to provide the Congress with the information
required to review the plans for recapitalizing the attack submarine
force structure.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations (secs. 101 107)
The Senate bill contained provisions (secs. 101 107) that would
authorize the recommended fiscal year 2002 funding levels for
procurement for the Army, Navy, Marine Corps, Air Force, Defense-Wide
activities, Defense Inspector General, Chemical Demilitarization
Program, and Defense Health Program.
The House amendment contained similar provisions.
The conference agreement includes these provisions.
Chemical agents and munitions destruction, Defense (sec. 106)
The Senate bill contained a provision (sec. 106) that would
authorize the requested amount of $1.2 billion for the Office of the
Secretary of Defense for destruction of chemical agents, weapons and
materiel.
The House amendment contained a similar provision (sec. 106) that
would authorize $1.1 billion for chemical demilitarization.
The House recedes with an amendment that would authorize the
requested $1.2 billion for the Department of Defense for Chemical Agents
and Munitions Destruction, Defense.
The conferees are disappointed that the Department of Defense
requested funds for chemical demilitarization for fiscal year 2002 in an
Army account, contrary to the requirements of law. Section 1521(f) of
title 50, United States Code, requires that funds for this program shall
not be included in the budget accounts for any military department. The
conferees expect the Department of Defense to comply with the law in
future budget requests for the chemical demilitarization program.
The conferees note that the Department of Defense has initiated a
high-level review of the entire chemical demilitarization program and
all its component elements. The conferees direct the Department to
provide the congressional defense committees with the results and
recommendations of this review, including an updated assessment required
by section 141(a) of the National Defense Authorization Act for Fiscal
Year 2000, as directed in the House report accompanying H.R. 2586 (H.
Rept. 107 194), by March 1, 2002.
SUBTITLE B--ARMY PROGRAMS
Repeal of limitations on bunker defeat munitions program (sec. 111)
The House amendment contained a provision (sec. 112) to repeal
section 115 of the National Defense Authorization Act for Fiscal Year
1995, which limits the acquisition of bunker defeat munitions.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities without regard to
availability from domestic sources (sec. 112)
The Senate bill contained a provision (sec. 141) that would extend
the pilot program for sales of manufactured articles and services from
up to three Army industrial facilities enacted by section 141 of the
National Defense Authorization Act for Fiscal Year 1998 through fiscal
year 2002.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the authority
for the pilot program through fiscal year 2002 but would limit the
program to one facility. The conferees direct that the facility that has
demonstrated the most success with the pilot program to date be selected
as the facility to continue the pilot program.
Limitations on acquisition of interim armored vehicles and
deployment of interim brigade combat teams (sec. 113)
The conferees agree to a provision that would amend section 113 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, which required the Secretary of the Army to submit a report on the
process for developing the Objective Force in the transformation of the
Army. The provision also required the Secretary of the Army to conduct a
comparative cost and operational effectiveness evaluation of the interim
armored vehicles (IAV) selected for the Interim Brigade Combat Team
(IBCT) with the infantry troop-carrying medium armored vehicles
currently in the Army inventory.
The provision further prohibited the obligation of funds for a third
IBCT until: the comparative evaluation is carried out; the Secretary of
Defense submits the results of the evaluation to the congressional
defense committees; and the Secretary certifies that (1) he approves of
the obligation of funds for that purpose and (2) the force structure
resulting from the acquisition and subsequent operational capability of
Interim Brigade Combat Teams will not diminish the combat power of the
Army.
The Secretary of the Army has requested relief from the requirement
for the comparative evaluation directed in this provision. The Secretary
stated that the comparative evaluation would replicate the comparison
accomplished during source selection, and duplicate more comprehensive
testing already required by law.
Last year, the conferees concluded that the costs associated with
the comparative evaluation were worth incurring for a better
understanding of whether the differences in operational effectiveness,
if any, justify the increased cost of new IAV procurement compared to
using current inventory equipment.
While the conferees continue to believe that there is merit to the
comparative evaluation, the conferees recommend a modification to
section 113 that would grant the Secretary of Defense the authority to
waive those portions of section 113 pertaining to the comparative
evaluation, subject to certain certifications.
The conferees direct the Secretary of the Army to conduct an
operational evaluation of the initial IBCT, to include deployment to the
evaluation site and the execution of combat missions across the full
spectrum of potential threats and operational scenarios. The plan for
the operational evaluation must be approved by the Director of
Operational Test and Evaluation, Department of Defense, prior to
execution.
The Army is prohibited from acquiring interim armored vehicles for
other than the first three brigades, and from deploying any IBCT, until
30 days after a report on the operational evaluation is forwarded to the
Congress and the Secretary of Defense certifies to the Congress that the
results of the evaluation indicate that the IBCT design is operationally
effective and suitable.
The Secretary of Defense can waive the deployment prohibition if he
determines it to be in the national security interests of the United
States, and reports to Congress the reasons for the waiver.
The conferees expect the Army to develop and resource an
experimentation program that will inform the design of the Objective
Force, including a formal linkage of the Interim Brigade Combat Teams to
that experimentation.
SUBTITLE C--NAVY PROGRAMS
Virginia class submarine program (sec. 121)
The Senate bill contained a provision (sec. 121) that would modify
section 123(b)(1) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 by authorizing the Secretary of the Navy to
enter into contracts for the procurement of material in economic order
quantities, when cost savings are achievable, for up to seven
Virginia-class submarines. This authority would apply to boats to be
procured during the period from fiscal years 2003 through 2007.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Multiyear procurement authority for F/A 18E/F aircraft
engines (sec. 122)
The Senate bill contained a provision (sec. 122) that would
authorize the Secretary of the Navy to enter a multiyear contract for
procurement of F/A 18E/F aircraft engines in accordance with section
2306b of title 10, United States Code.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the Secretary
to certify that each of the conditions listed in subsection (a) of
section 2306b of title 10, United States Code, has been satisfied. The
provision would also require that this multiyear procurement contract
could not be entered into until 30 days after the aforementioned
certification has been transmitted.
The Navy procures engines for F/A 18E/F aircraft directly from the
engine contractor and provides the engines to the prime airframe
contractor as government-furnished equipment. The Navy is currently
procuring the F/A 18E/F airframe under a multiyear contract that covers
the fiscal years from 2000 to 2004. The conferees understand that this
provision would authorize a multiyear procurement contract that may not
cover exactly the same time period as that for the airframe itself. The
conferees believe that the Secretary of the Navy should, if he chooses
to enter into a multiyear contract for these engines, consider
synchronizing the time periods of the contracts for these two items.
V 22 Osprey aircraft program (sec. 123)
The Senate bill contained a provision (sec. 123) that would keep the
production rate of V 22 aircraft at the minimum sustaining rate, defined
as the number for which funds are authorized to be appropriated in this
Act, until the Secretary of Defense certifies to Congress that
operational testing has successfully demonstrated certain effectiveness
and suitability aspects not yet demonstrated.
The House amendment contained no similar provision.
The House recedes.
The conferees note that this provision is consistent with the
recommendations of the report of the Panel to Review the V 22 Program,
which was released in May 2001.
Report on status of V 22 Osprey aircraft before resumption of
flight testing (sec. 124)
The Senate bill contained two provisions relating to reports that
would be required before the V 22 could return to flight status.
One provision (sec. 124) would require the Secretary of Defense to
notify Congress of the waiver, if any, of any item capability or other
requirement specified in the V 22 Joint Operational Requirements
Document, along with justification for any such waiver. The provision
would require that any such notice be given at least 30 days before the
V 22 resumes flight operations.
The second provision (sec. 215) would require the Under Secretary of
Defense (Acquisition, Technology, and Logistics) to submit a report, 30
days before V 22 resumption of flight, that would include: (1) a
description of any hydraulics and flight control software deficiencies
and corrective actions; (2) actions to implement the recommendations of
the Panel to Review the V 22 Program; and (3) an assessment of the
recommendations of the National Aeronautics and Space Administration in
its report on tiltrotor aeromechanics.
The House amendment contained no similar provisions.
The House recedes with an amendment that would combine the reporting
requirements into one provision, and would require the Secretary of
Defense to submit the report no later than 30 days prior to V 22
resumption of flight.
SUBTITLE D--AIR FORCE PROGRAMS
Multiyear procurement authority for C 17 aircraft (sec. 131)
The Senate bill contained a provision (sec. 131) that would
authorize a multiyear procurement of up to 60 additional C 17 aircraft
in accordance with section 2306b of title 10, United States Code.
The House amendment contained a similar provision (sec. 121) that
would authorize a multiyear procurement of up to 60 additional C 17
aircraft after the Secretary of Defense certifies that such a
procurement is in the interest of the Department of Defense.
The conferees agree to a provision that would authorize the
Secretary of the Air Force to enter into a multiyear contract for
procurement of up to 60 additional C 17 aircraft in accordance with
section 2306b of title 10, United States Code, except that the contract
could cover a period of up to six program years.
The provision would require that the Secretary certify that each of
the conditions listed in subsection (a) of section 2306b of title 10,
United States Code, has been satisfied. The provision would also require
that this multiyear procurement contract could not be entered into until
30 days after the aforementioned certification has been transmitted.
LEGISLATIVE PROVISIONS NOT ADOPTED
Additional amount for Shipbuilding and Conversion, Navy
The House amendment contained a provision (sec. 108) that would
authorize an increase of $57.1 million for a ship overhaul.
The Senate bill contained no similar provision.
The House recedes.
Destruction of existing stockpile of lethal chemical agents
and munitions
The House amendment contained a provision (sec. 141) that would
amend section 152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104 106; 50 U.S.C. 1521 note) to add to the
requirements that must be satisfied before the Secretary of Defense may
initiate destruction of the chemical munition stockpile stored at a
chemical stockpile destruction site. The provision would require the
Under Secretary of Defense (Acquisition, Technology, and Logistics) to
convene independent oversight boards that would make a recommendation to
the Under Secretary on whether the destruction of the chemical munitions
stockpile should be initiated at a particular chemical stockpile
destruction site. Finally, the provision would require that the Under
Secretary, after considering a negative recommendation of a board, may
not recommend commencing destruction of the chemical munitions stockpile
at the site until 90 days after the Under Secretary notifies the
Congress of his intent to recommend initiation of chemical munitions
destruction operations.
The Senate bill contained no similar provision.
The House recedes.
Extension of multiyear contract for Family of Medium Tactical Vehicles
The House amendment contained a provision (sec. 111) that would give
the Secretary of the Army discretionary authority to extend the existing
multiyear procurement contract for the Family of Medium Tactical
Vehicles for one additional year.
The Senate bill contained no similar provision.
The House recedes.
Procurement of additional M291 skin decontamination kits
The Senate bill contained a provision (sec. 142) that would
authorize an increase of $2.4 million in the Defense-Wide procurement
account for procurement of additional M291 skin decontamination kits.
The House amendment contained no similar provision.
The Senate recedes.
The Senate bill would separately authorize an additional increase of
$1.0 million for procurement of M291 skin decontamination kits.
The conferees agree to authorize an increase of $3.4 million for
procurement of M291 skin decontamination kits, as noted elsewhere in
this report.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Research, Development, Test, and Evaluation overview
The budget request for fiscal year 2002 included an authorization of
$47,429.4 million for Research and Development for the Department of
Defense.
The Senate bill would authorize $46,602.5 million.
The House amendment would authorize $47,424.9 million.
The conferees recommended an authorization of $46,460.8 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Management reform initiatives
The conferees agree to reduce the research, development, test and
evaluation accounts by $140.0 million to reflect savings from management
reform initiatives, as discussed in Title VIII.
Research, Development, Test and Evaluation, Army--Overview
The budget request for fiscal year 2002 included an authorization of
$6,693.9 million for Research, Development, Test and Evaluation, Army in
the Department of Defense.
The Senate bill would authorize $6,901.7 million.
The House amendment would authorize $6,749.0 million.
The conferees recommended an authorization of $6,675.3 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Army missile defense technology
To support critical missile defense technology activities, the
conferees agree that of the funding authorized in the Army research and
development account, certain amounts may be used for advanced technology
activities as specified below:
(1) up to $1.9 million for the Short-range missile defense With
Optimal Radar Distribution (SWORD) program in PE 62303A;
(2) up to $7.6 million for Patriot ground equipment upgrades and
life extension efforts in PE 23801A;
(3) up to $3.8 million for the Aerostat Design and Manufacture
(ADAM) program in PE 12419A; and
(4) up to $11.0 million for the Army Space and Missile Defense
Battle Lab in PE 63308A.
Comanche
The budget request contained $787.9 million in PE 64223A for
continued engineering and manufacturing development (EMD) of the RAH 66
Comanche reconnaissance attack helicopter.
The Senate bill would authorize an increase of $28.3 million for the
development of a communications suite that is compatible with air and
ground components in a joint environment.
The House amendment would authorize an increase of $28.5 million for
a similar purpose.
The conferees agree to authorize an increase of $28.3 million in PE
64223A for this requirement.
The conferees believe the Comanche is a necessary and integral
weapon system to the Army's transformation and have been supportive of
this program in past fiscal years. The Army has stated that the Comanche
is its top modernization program. However, the conferees note that there
has been a $3.0 billion increase in research, development, test and
evaluation (RDT&E) costs since fiscal year 1991. Despite these
substantial cost increases, the program continues to be plagued by
delays, which the conferees now understand could result in a full
two-year delay of the currently scheduled initial operating capability
(IOC) of December 2006 to December 2008. The conferees are disappointed
to learn once again of the need to restructure and delay this program
for at least a sixth time since fiscal year 1988, and the need to add
approximately $1.5 billion to the program to complete EMD.
The conferees question the reliability of any new cost estimates and
EMD program milestones, especially since the EMD contract was awarded
only slightly over a year ago, in June 2000, and numerous changes in
requirements have been made since then.
The conferees believe that as the aircraft continues in the EMD
phase, an adequately funded and disciplined development program is
absolutely essential to fielding this aircraft as part of the Army's
Objective Force. Therefore, the conferees expect the Secretary of the
Army, in coordination with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, and its industry team, to
present to Congress in the fiscal year 2003 budget request an accurate
estimate of funds required to complete EMD and the new time line and
plan for bringing the Comanche to IOC.
Rapid acquisition program for transformation
The budget request included $23.6 million in PE 23761A for the Rapid
Acquisition Program for Transformation (RAPT).
The Senate bill would authorize $23.6 million for RAPT, but would
transfer the funding from the RAPT program element to the program
elements supporting the systems chosen by the Army for entry into the
program for fiscal year 2002.
The House amendment would authorize $23.6 million for RAPT, but
would transfer the funding from the RAPT program element to PE 63001A,
Warfighter Advanced Technology.
The conferees agree to authorize $23.6 million in PE 23761A for RAPT
or counter-terrorism initiatives and direct the Secretary of the Army to
provide a detailed list of how these funds are executed.
Tactical high energy laser
The budget request included no funds for the Tactical High Energy
Laser (THEL) program, a joint U.S.-Israeli development program to
demonstrate the feasibility of defeating short-range rockets using
directed energy.
The Senate bill would authorize $9.0 million of the funds available
in PE 63882C to evaluate the development of a Mobile THEL (MTHEL)
system.
The House amendment would authorize an increase of $10.0 million to
PE 65605A for continuing work on THEL and exploring the option of a
mobile version of THEL.
The conferees agree to authorize, from within the funds available in
the Army research and development account, an increase of $10.0 million
to PE 65605A for evaluating development of THEL as a mobile system.
Thermionics technology
The budget request included $19.5 million in PE 63308A for Army
missile defense systems integration, but did not include funds for
thermionics technology development.
The Senate bill would authorize, of the funds authorized in PE
63882C for the Midcourse Ground Defense System, $8.0 million for
thermionics technology development.
The House amendment would authorize an increase of $3.0 million in
PE 63308A for thermionics technology development.
The conferees agree to authorize an increase of $1.0 million in PE
63308A for thermionics technology development. Of the amounts authorized
for Army research and development, an additional $7.0 million may be
used for thermionics technology development.
Research, Development, Test and Evaluation, Navy--Overview
The budget request for fiscal year 2002 included an authorization of
$11,123.4 million for Research, Development, Test and Evaluation, Navy
in the Department of Defense.
The Senate bill would authorize $11,134.8 million.
The House amendment would authorize $10,863.3 million.
The conferees recommended an authorization of $10,784.3 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Follow-on support jamming aircraft
The budget request included $112.5 million in PE 64270N for
electronic warfare development, but included no funds for
pre-engineering and manufacturing development (EMD) risk reduction
activities for a follow-on support jamming aircraft program to replace
the EA 6B.
The House amendment would authorize an increase of $10.0 million for
pre-EMD risk reduction activities for a follow-on support jamming
aircraft program.
The Senate bill included no similar authorization.
The conferees agree to authorize no additional funds for a follow-on
support jamming aircraft program.
The conferees recognize that the Department of Defense is scheduled
to complete the Analysis of Alternatives (AoA) in December 2001 and
believe that the Department will identify a need to replace the
capability currently provided by the EA 6B fleet of electronic warfare
aircraft. The conferees believe that the Department should move
expeditiously to translate the results of that AoA into a plan that will
avoid having the Nation presented with any gap in this important mission
area.
Future destroyer program
The budget request included $288.4 million in PE 63513N and $355.1
million in PE 64300N for the DD 21 program.
The Senate bill would authorize the budget request.
The House amendment would authorize a decrease of $25.0 million in
PE 63513N.
Subsequent to passage of both the Senate bill and the House
amendment, the Navy announced intentions to restructure the DD 21
program to a family of surface combatants including a destroyer version,
DD(X). However, the specifics of the proposed programs for development
of the family of surface combatants were not available for the conferees
to review.
Therefore, the conferees agree to authorize a decrease of $50.0
million in PE 63513N resulting from the delay in the down-select to a
future destroyer detail design. The conferees will review the Navy's
decision to restructure DD 21 when the Navy makes available details of
the cancellation of the current request for proposals and the proposed
replacement program.
Littoral support craft--experimental
The budget request included $85.3 million in PE 63123N for force
protection advanced technology, including $20.0 million for development
and demonstration of experimental craft for littoral support operations.
The Office of Naval Research has proposed to conduct a phased program to
develop and demonstrate an experimental littoral support craft
demonstrator (LSC X) that would build upon development and evaluation of
operational concepts at the component and subsystem level and provide
the basis for operational experiments on the contribution that such
craft could make to naval operations in the littoral.
The House amendment would authorize a total of $39.0 million in PE
63123N for development and demonstration of an LSC X, including an
increase of $19.0 million for demonstration and development of an
experimental craft for littoral support operations.
The Senate bill included no similar authorization. However, the
Senate report accompanying S. 1438 (S. Rept. 107 62) identified at least
six efforts that the Navy has underway to test key technologies for
future ship programs. The Senate report also would encourage the Navy to
focus ship design efforts on programs that will collect the type of
information that will be needed to make decisions on future combatant
ships, the future amphibious ship (LH(X)), the future joint command and
control ship (JCC(X)), and the maritime prepositioning force ship of the
future (MPF(F)), rather than duplicating efforts already underway.
The conferees agree to authorize a total of $31.0 million in PE
63123N, an increase of $11.0 million, to continue the ONR program for
development and demonstration of the LSC X.
The conferees direct that the Secretary of the Navy identify the set
of experimental objectives that the LSC X program is intended to
explore, and the objective measures of effectiveness that will be used
to determine whether those objectives have been achieved. The conferees
also direct the Secretary to define the program plan, the schedule, and
the funding requirements for development of LSC X. The Secretary should
provide all of this information to the congressional defense committees
by March 31, 2002.
Research, Development, Test and Evaluation, Air Force--Overview
The budget request for fiscal year 2002 included an authorization of
$14,344.0 million for Research, Development, Test and Evaluation, Air
Force in the Department of Defense.
The Senate bill would authorize $14,459.5 million.
The House amendment would authorize $14,485.7 million.
The conferees recommended an authorization of $14,407.2 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Joint Strike Fighter
The budget request included no funding for PE 63800N or PE 63800F
for continuing demonstration and validation (DEMVAL) of the joint strike
fighter (JSF). The budget request included $767.3 million for PE 64800N
and $769.5 million for PE 64800F for initiating the engineering and
manufacturing development (EMD) of the JSF.
The Senate bill would authorize an increase of $30.0 million for PE
63800N and an increase of $30.0 million for PE 63800F to continue JSF
DEMVAL. The Senate bill would also authorize a decrease of $153.6
million for PE 64800N and a decrease of $153.6 million for PE 64800F.
The Senate bill based these actions on a possible delay in the award of
the EMD contract.
The House amendment would authorize the budget request for PE
64800N, and an increase of $10.0 million for PE 64800F for the JSF
alternate engine program.
The conferees agree to authorize the budget request.
The conferees remain concerned about the technical risks associated
with the JSF aircraft engine and expect the Department to develop and
integrate the JSF alternate engine within the EMD program. The conferees
believe that the Department should execute the alternate engine program
with a goal of having that engine integrated into the JSF prior to full
rate production.
The conferees are aware of the potential long-term impact to the
military aircraft industrial base as a result of the recently completed
source selection. Source selection talking points, released by the
Department of Defense (DOD) at the announcement of the selection,
stated: ``The JSF downselect may lead companies to reassess their
strategic position and teaming arrangements. The expertise resident in
the teams not selected today can still make a contribution to the JSF
effort through revised industrial teaming arrangements. DoD will
encourage teaming arrangements that make the most efficient use of the
expertise in the industrial base to deliver the `best value' product.''
The conferees direct the Under Secretary of Defense for Acquisition,
Technology, and Logistics to submit a report, with the submission of the
fiscal year 2003 budget request, which details: (1) projections for the
military aircraft industrial base, to include foreign military sales,
between now and fiscal year 2015; and (2) actions taken by the DOD to
encourage teaming arrangements in the JSF program that make the most
efficient use of the expertise in the industrial base.
Low cost launch technologies
The budget request included $54.5 million in PE 63401F for advanced
spacecraft technology, but included no funds for low cost launch
technology.
The Senate bill would authorize, of the funds authorized in PE
63882C for the Midcourse Ground Defense System, $15.0 million for the
Excalibur and Scorpius low cost launch concepts.
The House amendment would authorize $15.0 million in PE 63401F for
low cost launch technologies, including Scorpius.
The conferees note that the Air Force has terminated the Excalibur
project. The conferees agree to authorize an increase of $2.0 million in
PE 63401F for low cost launch technologies, including Scorpius. Of the
funds authorized in PE 63401F, an additional $13.0 million may be used
for low cost launch technologies, including Scorpius.
Special aerospace materials and materials manufacturing processes
The budget request included $77.2 million for PE 62102F for applied
research in materials, $32.7 million for PE 63112F for advanced
development of advanced materials for weapons systems, and $53.8 million
in PE 78011F for the Air Force's manufacturing technology program.
The House amendment would authorize increases of $4.5 million in PE
62102F, $4.5 million in PE63112F, and $3.5 million in PE 78011F to
continue the program for development and demonstration of special
aerospace materials and materials manufacturing processes.
The Senate bill would authorize an increase of $16.5 in PE 62102F,
including $5.0 million for improvements in the manufacturing of
speciality aerospace materials.
The conferees agree to an increase of $3.5 million in PE 62102F to
continue the program for applied research and development in special
aerospace materials and materials manufacturing processes.
The conferees note the continuing need of the military services for
advances in speciality aerospace metals and metal alloys for aircraft
and space vehicle structures, propulsion, components, and weapon
systems. The conferees direct the Secretary of the Air Force, in
coordination with the Secretary of the Navy, to assess the requirements
for advanced aerospace metals and alloys and report to the congressional
defense committees on the plan, including budget, schedule, and
technology demonstrations, for meeting these requirements with the
submission of the fiscal year 2004 budget request.
Research, Development, Test and Evaluation, Defense-Wide--Overview
The budget request for fiscal year 2002 included an authorization of
$15,050.8 million for Research, Development, Test and Evaluation,
Defense-Wide in the Department of Defense.
The Senate bill would authorize $13,878.7 million.
The House amendment would authorize $15,109.6 million.
The conferees recommended an authorization of $14,372.6 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
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Arrow missile defense system
The budget request included $65.7 million in PE 63881C for the Arrow
ballistic missile defense system, a joint development program between
the United States and Israel.
The Senate bill would authorize an increase of $76.0 million in PE
63881C for the Arrow System Improvement Program and for continued joint
interoperability efforts.
The House amendment would authorize an increase of $30.0 million in
PE 63881C for acceleration of the Arrow System Improvement Program.
The conferees agree to authorize, from within funds available to the
Ballistic Missile Defense Organization, an increase of $53.0 million in
PE 63881C to accelerate the Arrow System Improvement Program and to
continue joint interoperability efforts for U.S. and Israeli missile
defense systems.
Ballistic missile defense advanced technology
To support critical ballistic missile defense technology activities,
the conferees agree that, of the funding authorized for the Ballistic
Missile Defense Organization, certain amounts may be used for advanced
technology activities as specified below:
(1) up to $9.0 million for the Magdalena Ridge Observatory in PE
63175C;
(2) up to $5.0 million for Phase III of the Software Defined Radio
program in PE 63175C;
(3) up to $8.0 million for the Army Space and Missile Defense
Command's Advanced Research Center (ARC) in PE 63880C;
(4) up to $8.0 million for the Airborne Infrared Surveillance System
(AIRS) in PE 63175C;
(5) up to $2.5 million for Bottom Anti-Reflective Coatings (BARC)
for circuit boards in PE 63175C;
(6) up to $7.5 million for ultra-flat planarization technology for
integrated circuits in PE 63175C; and
(7) up to $10.0 million for the Atmospheric Interceptor Technology
(AIT) program in PE 63175C.
Common database asset for biological security
The budget request included $125.5 million in PE 62384BP for applied
research in chemical and biological defense.
The Senate bill would authorize an increase of $1.5 million to
develop a database of biological pathogen information and bioinformatics
tools to support development of medical biological countermeasures.
The House amendment included no similar authorization.
The conferees agree to authorize an increase of $1.5 million for the
development of a common database asset to support development of medical
biological countermeasures. The database would integrate genomic and
other biological data about high-priority pathogens, underlying
scientific research and bioinformatics tools, and would serve those
agencies addressing threats to biological security.
ITEMS OF SPECIAL INTEREST
Navy research and development budget exhibits
The Senate report accompanying S. 1438 (S. Rept. 107 62) would
require the Navy to comply with the research and development budget
justification guidelines included in the Department of Defense (DOD)
Financial Management Regulation (DOD 7000.14 R). Subsequent to the
passage of the Senate bill, the Navy provided additional budget
justification information to the congressional defense committees.
The conferees share the concern expressed in the Senate report
regarding the reorganization of the Navy's science and technology
program elements in the fiscal year 2002 budget justification material.
The failure of the Navy to display explicitly the transition between the
fiscal year 2001 program element structure and the new fiscal year 2002
structure detracted from the ability of the defense authorizing
committees to exercise their oversight responsibilities.
The conferees also share the Senate's concern about the priority
given to Fleet and Force operational and support issues in the Navy's
science and technology program and direct the Secretary of the Navy to
report to the congressional defense committees by March 31, 2002, on the
measures being taken to address these issues.
The conferees direct the Secretary of the Navy and the Under
Secretary of Defense (Comptroller) to ensure that the Navy's budget
justification information accompanying the fiscal year 2003 budget
request adequately describes the Navy's science and technology program
and complies with the requirements of DOD 7000.14 R. The Under Secretary
shall report to the congressional defense committees with submission of
the budget request any deficiencies in the budget justification material
and the estimated date by which those deficiencies will be resolved.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations (secs. 201 202)
The Senate bill contained provisions (secs. 201 202) that would
authorize the recommended fiscal year 2002 funding levels for all
research, development, test, and evaluation accounts.
The House amendment contained similar provisions.
The conference agreement includes these provisions.
Supplemental authorization of appropriations for fiscal year
2001 for Research, Development, Test, and Evaluation Defense-Wide (sec.
203)
The Senate bill contained a provision (sec. 233) that would
authorize an increase of $1.0 million in fiscal year 2001 for
intelligent spatial technologies for smart maps.
The House amendment contained no similar provision.
The House recedes.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Naval surface fire support assessment (sec. 211)
The House amendment contained a provision (sec. 212) that would
direct the Secretary of Defense to establish a competitive program for
the development of an advanced land attack missile (ALAM) for the DD 21,
and would designate $20.0 million in PE 63795N for that purpose. The
provision would also require the Secretary to submit a report on the
program plan, schedule and funding for the ALAM program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to carry out an assessment of the requirements for
naval surface fire support of ground forces operating in the littoral
environment, including the role of an advanced fire support missile
system for Navy combatant vessels. The amended provision would require
that the Secretary submit a report on the results of that assessment by
March 31, 2002.
Collaborative program for development of advanced radar
systems (sec. 212)
The House amendment contained a provision (sec. 213) that would
establish a cooperative research program to develop electronic materials
for advanced radar applications.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate reference
to specific dollar amounts for the programs. These dollar issues are
treated in the funding tables in this report.
The conferees agree to a provision that would establish a
cooperative research program to develop electronic materials for
advanced radar applications. The conferees recognize the emerging
importance of advanced electronic materials on future military systems,
including advanced radar systems and other applications across services.
The provision would direct the Director of Defense Research and
Engineering, the Secretary of the Navy, the Director of Defense Advanced
Research Projects Agency (DARPA), and other appropriate services and
agencies to enter into a collaborative agreement in order to coordinate
ongoing efforts within this critical emerging technology area. The
conferees believe that the agreement should focus on: (1) activities
needed for technology development to extend the range and sensitivity of
naval radars, including high frequency and high power wide band gap
semiconductor materials and devices; and (2) acquisition systems to
accelerate the deployment of the new technology.
The conferees expect the agreement to be constructed in a manner
such that the Services and Agencies will increase financial investments
to support necessary research, technology transition, and technology
insertion activities. The conferees are concerned that, despite a
recognition within the Navy of the importance of this emerging
technology, the Office of Naval Research budget submission includes only
very limited funding for wide band gap electronics research.
In addition, the conferees expect that any agreement will enable
DARPA to maintain the flexibility to invest in a variety of research
programs and directions associated with wide band gap technologies that
will apply to numerous cross-service applications. This will preserve
DARPA's role of developing revolutionary technologies and capabilities,
while remaining relatively unconstrained from near-term requirements.
Repeal of limitations on total cost of engineering and
manufacturing development for F 22 aircraft program (sec. 213)
The Senate bill contained a provision (sec. 211) that would repeal
the cost limitation on the engineering and manufacturing development
(EMD) phase for the F 22 aircraft program.
The House amendment contained a provision (sec. 214) that would have
raised the cost limitation on the F 22 EMD program by $250.0 million.
The House recedes with an amendment that would clarify that the
repeal of the cost limitation would apply only to the EMD phase of the
program.
Joint biological defense program (sec. 214)
The Senate bill contained a provision (sec. 214) that would extend
through fiscal year 2002 section 217 (a) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 to define permissible
obligations and identify reports to be provided to Congress concerning
procurement of anthrax vaccine.
The House amendment contained no similar provision.
The House recedes.
Cooperative Department of Defense-Department of Veterans
Affairs Medical Research Program (sec. 215)
The House amendment contained a provision (sec. 211) that would
authorize funding for the cooperative Department of Defense/Department
of Veterans Affairs medical research program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment.
The conferees agree to authorize $2.5 million in PE 63738D8Z for the
cooperative Department of Defense/Department of Veterans Affairs medical
research program for research on the efficacy of antiarrythmic drugs
with implantable cardioverter defibrillators. The conferees direct the
Secretary of Defense to transfer such amount no later than 30 days after
the date of the enactment of this Act.
C 5 aircraft reliability enhancement and reengining program (sec. 216)
The Senate bill contained a provision (sec. 212) that would require
the Secretary of the Air Force to ensure that engineering and
manufacturing development (EMD) under the C 5 aircraft reliability
enhancement and reengining program (RERP) includes kit development for
an equal number of C 5A and C 5B aircraft. The Air Force program
envisioned a total of four aircraft in the RERP EMD program.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the Secretary
to include at least one aircraft from among the 74 C 5A aircraft in the
C 5 RERP EMD program.
SUBTITLE C--BALLISTIC MISSILE DEFENSE
Transfer of responsibility for procurement for missile
defense programs from Ballistic Missile Defense Organization to military
departments (sec. 231)
The House amendment contained a provision (sec. 231) that would
amend section 224 of title 10, United States Code, to change the term
``procurement'' to the term ``research, development, test and
evaluation'' with respect to the display of budget amounts in budget
requests for the Ballistic Missile Defense Organization (BMDO). The
provision would also require the Secretary of Defense to establish
criteria for the transfer of ballistic missile defense programs from the
BMDO to the military departments and to submit these criteria to the
congressional defense committees. Prior to the transfer of such a
program, the Secretary would be required to notify Congress of his
intent to make such a transfer and to certify that the program had met
the criteria for transfer. The provision would permit such a transfer 60
days after Congress is notified.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to ensure that, for any transferred program, all
appropriate conforming changes are made to proposed or projected funding
allocations in the future years defense program. This will ensure that
the funding is transferred with a program from the BMDO to a military
department. The amendment would also require that, before a program is
transferred, the roles and responsibilities are clearly defined for
follow-on research, development, test and evaluation related to system
improvement for that program.
The budget request proposed transferring the Patriot PAC 3 and the
Medium Extended Air Defense System (MEADS) to the Army, and the Navy
Area Defense system to the Navy. This provision would delay any such
transfer until the requirements of the provision have been met.
Consequently, the conferees agree to authorize funding for these
ballistic missile defense programs within the BMDO accounts, and not
with the military departments.
Program elements for Ballistic Missile Defense Organization (sec. 232)
The House amendment contained a provision (sec. 232) that would
repeal section 223 of title 10, United States Code, which established
program elements for ballistic missile defense (BMD) programs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would revise the program
elements for ballistic missile defense and require certain information
and reviews concerning BMD activities.
The amendment would establish six new functional program elements
and require that additional program elements be established for BMD
programs entering into engineering and manufacturing development (EMD).
The amendment would require the Secretary of Defense to establish
cost, schedule, testing and performance goals for BMD programs for the
period covered by the future years defense program and to submit a
statement of those goals to Congress each year.
The amendment would require the Secretary of Defense to submit to
Congress each year an annual program plan for BMD programs that enter
EMD or the equivalent phase, including a funding profile that displays
estimated total funding and expenditures for significant procurement,
construction and research and development, as well as a program schedule
for significant procurement, construction, research and development,
flight tests, and other significant test activities. Information
included in annual budget justification documents need not be included
in the plan.
The amendment would require that specified Department of Defense
officials and elements review and comment on the development of goals
and the annual program plan required in the provision.
The amendment would require the Director of the Ballistic Missile
Defense Organization (BMDO) to develop a plan to ensure that each
critical technology for a BMD program is demonstrated in an appropriate
environment before entering operational service. The Director of
Operational Test and Evaluation would review and comment on the plan.
The amendment would require, at the end of fiscal years 2002 and
2003, the Comptroller General of the United States to assess the extent
to which the BMDO achieved the goals established by the Secretary of
Defense for BMD programs, as required by the provision, and to report to
Congress on the assessment.
The amendment would also require the Director of Operational Test
and Evaluation to assess each year the adequacy and sufficiency of the
BMDO test program for the preceding year, and to report to Congress on
the assessment.
Ballistic missile defense budget justification
The President's budget proposed moving most ballistic missile
defense programs into Research, Development, Test and Evaluation,
Defense-Wide, and grouping them primarily into five large program
elements.
The conferees are concerned that this year's budget justification
documentation does not include the level of detail provided in past
years for many of the projects within the new program elements. While
supportive of the administration's intent to experiment with and test
new technologies prior to committing to system development and
acquisition, the conferees expect to receive appropriate levels of
detailed funding, schedule, and test event information as required by
annual budget justification reporting guidelines.
In addition to information provided for those programs that have
entered engineering and manufacturing development, or an equivalent
phase as described in the legislative provision, the Secretary of
Defense shall ensure that each year's budget justification documents
include the following information for programs and projects in earlier
stages of research and development:
(1) funding appropriated in the previous year;
(2) the expected funding requirement for the next six years, by
year; and
(3) detailed schedule including hardware and software deliveries, to
the extent known, and planned decision points and test events, at least
through completion of the planned testing and evaluation of the
prototype or experiment.
This information shall be provided as part of the annual program
plan report required by the provision, for programs and projects as
identified above and any program or project identified as a matter of
special interest, provided the information is not already included in
budget justification materials accompanying the annual budget request.
Ballistic missile defense programs are among the most
technologically challenging and complex in the Department of Defense.
The exploration of leading edge technologies associated with missile
defense programs often involves significant costs. Department of Defense
directives and instructions (e.g., Department of Defense Instruction
5000.2) require the compilation of acquisition cost, life-cycle cost,
and total ownership costs for defense projects and programs where
available and approved. The conferees direct the Department of Defense
to fully comply with the requirements of these DOD directives and
instructions, including Department of Defense Instruction 5000.2.
Support of ballistic missile defense activities of the
Department of Defense by the National Defense Laboratories of the
Department of Energy (sec. 233)
The House amendment contained a provision (sec. 233) that would, at
the discretion of the Director of the Ballistic Missile Defense
Organization (BMDO), make available from funds authorized to be
appropriated for the BMDO up to $25.0 million for research development
and demonstration activities at the national laboratories of the
Department of Energy National Nuclear Security Administration (NNSA) in
support of the missions of the BMDO. The funds would be available
subject to the provision of matching funds by the NNSA. Activities
funded using this authority would be conducted under terms of the
September 14, 2001 Memorandum of Understanding (MOU) between the
Director of the BMDO and the Administrator of the National Nuclear
Security Administration for use of the national laboratories by the
BMDO.
The Senate bill contained no similar provision.
The Senate recedes.
The provision would authorize the Director of the BMDO to use funds
available to BMDO, on a discretionary basis, to utilize the national
laboratories of the NNSA under the terms and conditions of the MOU. The
terms of this MOU require that jointly-funded work done pursuant to the
MOU be mutually beneficial to the missions of the two Departments.
The conferees note that the NNSA laboratories do a substantial
amount of work for the Department of Defense in their role as federally
funded research and development centers on a Work for Others basis. The
conferees do not intend for this provision in any way to affect the
ability of the BMDO to contract with the NNSA laboratories to conduct
work under the Work for Others program. On the contrary, the conferees
urge the Director to look closely at the capabilities of the NNSA
laboratories and to utilize these capabilities fully.
Missile defense testing initiative (sec. 234)
The House amendment contained a provision (sec. 234) that would
establish certain guidelines and requirements for the ballistic missile
defense testing program of the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Construction of test bed facilities for missile defense
system (sec. 235)
The House amendment contained a provision (sec. 235) that would
authorize the Secretary of Defense to use up to $500.0 million of funds
appropriated for research, development, test and evaluation for fiscal
years after fiscal year 2001 that are available for the Ballistic
Missile Defense Organization to carry out construction projects,
including construction of facilities ``of general utility,'' to
establish and operate the missile defense system test bed. The provision
would also authorize the Secretary of Defense to use such funds to
provide assistance to communities to meet increased needs for services
or facilities resulting from construction or operation of the test bed,
subject to certain conditions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would make clear that
funds may be used for all construction projects necessary to establish
and operate the test bed, but removes the reference to facilities ``of
general utility.'' The conferees understand that this authorization
would permit the construction of such facilities as a power generation
plant, a heating plant and roads. The conferees believe that the term
``of general utility'' could have been construed to mean facilities not
necessary for establishing or operating the test bed, which would be
inconsistent with congressional intent.
The amendment would also limit the use of funds for community
assistance to funds appropriated for fiscal year 2002. If the Secretary
of Defense determines that additional authority is needed to use funds
for community assistance, the conferees direct the Secretary to provide
full and specific justification for such authority.
SUBTITLE D--AIR FORCE SCIENCE AND TECHNOLOGY FOR THE 21ST CENTURY
Air Force science and technology for the 21st Century Act (sec. 251 252)
The House amendment contained two provisions (secs. 251 and 252)
that establish a sense of Congress regarding the Air Force science and
technology development planning process.
The Senate bill contained no similar provisions.
The Senate recedes.
Study and report on effectiveness of Air Force science and
technology program changes (sec. 253)
The House amendment contained a provision (sec. 253) that would
require the Air Force and the National Research Council to study how
changes to the Air Force science and technology program implemented over
the past two years affect the future capabilities of the Air Force.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees direct the Air Force to ensure that the National
Research Council is provided sufficient resources to adequately conduct
the study called for by the provision.
SUBTITLE E--OTHER MATTERS
Establishment of unmanned aerial vehicle joint operational
test bed system (sec. 261)
The House amendment contained a provision (sec. 241) that would
require the Commander in Chief, U.S. Joint Forces Command to establish a
joint operational test bed (JOTB) system to evaluate and ensure joint
interoperability of unmanned aerial vehicle (UAV) systems. The provision
would also direct the Secretary of the Navy to transfer certain Predator
UAVs and related equipment to the Joint Forces Command for use in the
JOTB system.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would delete the
requirement for the transfer, but ensure that the Commander-in-Chief,
U.S. Joint Forces Command controls the priority for use of these
predators and UAVs.
Demonstration project to increase small business and
university participation in Office of Naval Research efforts to extend
benefits of science and technology research to fleet (sec. 262)
The House amendment contained a provision (sec. 242) that would
require the Chief of Naval Research to carry out a demonstration project
to increase access to Navy facilities of small businesses and
universities that are engaged in science and technology research
beneficial to the fleet.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would ensure that the
Secretary of the Navy has discretion over which Navy facilities to make
available for the demonstration project and is able to charge an
appropriate fee for the use of these facilities.
The conferees strongly encourage the Chief of Naval Research to
reach out to small, high-technology companies and encourage them to
participate in this demonstration program. As a part of this outreach
effort, the conferees encourage the Chief of Naval Research to consider
the use of third-party partners, where appropriate, to help create and
maintain contacts and relationships with the high-technology
communities.
Communication of safety concerns from operational test and
evaluation officials to program managers (sec. 263)
The Senate bill contained a provision (sec. 232) that would amend
section 139 of title 10, United States Code. The provision would add a
subsection requiring the Director of Operational Test and Evaluation to
ensure that any safety concerns found during the operational test and
evaluation of a weapon system under a major defense acquisition program
are communicated in a timely manner to the program manager responsible
for the acquisition of that weapon system.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Big Crow
The Senate bill contained a provision (sec. 216) that would
authorize funding for the Big Crow program.
The House amendment contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $2.0 million in PE
65118D8Z for the Big Crow program for test and evaluation activities to
support electronic warfare, space operations, and other missions.
C 5 aircraft modernization
The House amendment contained a provision (sec. 215) that would
restore a reduction of $30.0 million in the amount requested in
Research, Development, Test, and Evaluation, Air Force, for re-engining
and avionics modernization programs for the C 5 aircraft.
The Senate bill contained no similar provision.
The House recedes.
The conferees agree to authorize the budget request.
Enhanced scramjet mixing
The Senate bill contained a provision (sec. 203) that would
authorize funding for enhanced scramjet mixing.
The House amendment contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $2.5 million in PE
62303A for research in enhanced scramjet mixing.
Management responsibility for Navy mine countermeasures programs
The House amendment contained a provision (sec. 243) that would
extend the time period during which the Secretary of Defense and the
Chairman of the Joint Chiefs would have to provide an annual
certification about the adequacy of the Navy's mine countermeasures
programs. The provision would change the ending date of that requirement
from fiscal year 2003 to fiscal year 2008.
The Senate bill contained no similar provision.
The House recedes.
Review of alternatives to the V 22 Osprey aircraft
The Senate bill contained a provision (sec. 213) that would require
the Under Secretary of Defense (Acquisition, Technology, and Logistics)
to conduct a review of Marine Corps and Special Operations Command
requirements that are expected to be met by the V 22 Osprey aircraft in
order to identify potential alternatives to the V 22 in the event that
the V 22 program were to be terminated. The provision would also set
aside $5.0 million that would be available to conduct this review.
The House amendment contained no similar provision.
The Senate recedes.
Special operations forces command, control, communications,
computers, and intelligence systems threat warning and situational
awareness program
The Senate bill contained a provision (sec. 204) that would
authorize an increase of $2.8 in PE 116405BB for the special operations
forces command, control, communications, computers, and intelligence
(SOF C4I) systems threat warning and situational awareness (PRIVATEER)
program.
The House amendment contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $1.0 million in PE
116444BB for the special operations forces command, control,
communications, computers, and intelligence (SOF C4I) systems threat
warning and situational awareness (PRIVATEER) program, as noted
elsewhere in this conference report.
Technology ``Challenge'' program
The House amendment contained a provision (sec. 244) that would
establish a technology ``Challenge'' program for the acceleration of
innovative technology in defense acquisition programs.
The Senate bill contained no similar provision.
The House recedes.
Technology transition initiative
The Senate bill contained a provision (sec. 231) that would
establish a technology transition initiative within the Department of
Defense.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Department of Defense to continue and
expand efforts to accelerate the rapid transition of technologies into
operational environments.
TITLE III--OPERATION AND MAINTENANCE
Overview
The budget request for fiscal year 2002 requested an authorization
of $125,350.0 million for operation and maintenance programs and
$2,458.4 million for working capital fund accounts for the Department of
Defense for fiscal year 2002.
The Senate bill would authorize $125,386.3 million for operation and
maintenance accounts and $2,408.1 million for working capital fund
accounts.
The House amendment would authorize $124,025.0 million for operation
and maintenance accounts and $2,359.7 million for working capital fund
accounts.
The conferees recommend an authorization of $123,259.9 million for
the operation and maintenance accounts and $1,656.4 million for the
working capital fund accounts of the Department of Defense for fiscal
year 2002. The conferees agree to a reduction of $295.6 million in the
Defense Working Capital Fund to reflect lower fuel prices; and a
reduction of $125.0 million to reflect adjustments in utility prices, to
be allocated proportionately among the Army, Navy, Marine Corps, Air
Force and Defense-Wide accounts. Unless noted explicitly in the
statement of managers, all funding changes are made without prejudice.
The following table lists the amounts authorized to be appropriated
for each program in the operation and maintenance accounts of the
Department of Defense.
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Management reform initiatives
The conferees agree to reduce operations and maintenance accounts by
$1.07 billion to reflect savings from management reform initiatives, as
discussed in Title VIII.
Combating terrorism initiative
The budget request included $5.6 billion to continue improving the
ability of U.S. forces to deter and defend against the growing terrorist
threat.
The House amendment would authorize the requested amount.
The Senate bill would authorize the $5.6 billion request, but
included an additional $217.2 million to further improve U.S.
capabilities to combat terrorism. Of this increase, $108.0 million was
added to operation and maintenance accounts. This included: $77.7
million to address force protection vulnerabilities on Army
installations; $14.3 million for enhanced counterterrorism training for
U.S. Special Operations Forces; $10.0 million for the combating
terrorism readiness initiatives fund for combatant commands; and $6.0
million to purchase hand-held explosive detectors for seagoing Navy
vessels.
The conferees note that many of the vulnerabilities to terrorist
attacks have become high priorities for the Department of Defense. This
is reflected in the fact that a significant portion of the additional
funds included in the Senate bill have already been funded in the fiscal
year 2001 emergency supplemental appropriations act. Specifically, the
conferees understand that, as of the end of September 2001, the Army had
received $257.0 million in supplemental funding for force protection
improvements at its installations, and the Special Operations Command
had received $151.0 million for combating terrorism, including immediate
counterterrorism training needs. The conferees agree, therefore, to
authorize an additional $10.0 million for the combatant commands'
Combating Terrorism Readiness Initiatives Fund, and $3.0 million to
purchase hand-held explosive detectors for the Navy.
Commercial imagery to support military requirements
The budget request included $30.0 million for purchasing commercial
imagery products in support of national needs.
The Senate bill would authorize an increase of $10.0 million to
establish prototype contracts that the National Imagery and Mapping
Agency (NIMA) would use to establish stronger ties with the private
sector to satisfy commercial satellite imagery needs. The Senate report
(S. Rept. 107 62) indicated that NIMA officials have suggested that the
NIMA might enter into prototype contracts with commercial remote sensing
entities to provide commercial satellite imagery for the NIMA.
The conferees understand that, under such an approach, the NIMA
would contract with one or more U.S. commercial satellite imagery
providers to provide a portion of this imagery directly to a network of
geospatial production companies, each of which supports NIMA customers
with interests in a particular region.
The House amendment would approve the budget request.
The conferees believe that the United States should prioritize the
use of commercial remote sensing as envisioned in Presidential Decision
Directive 23. Moreover, the conferees believe that allocating certain
satellite imagery requirements to the U.S. commercial remote sensing
industry will allow the government to focus its own assets on more
demanding intelligence requirements. The conferees continue to support
using commercial satellite imagery and geospatial products and services
to satisfy the non-time-critical low and medium resolution requirements
of the Secretary of Defense, including the regional commanders in chief,
and the intelligence community.
The conferees also understand that the administration is developing
a commercial imagery strategy to support these requirements and endorses
the development and implementation of such a strategy. The conferees
believe, however, that the U.S. Government must become a reliable,
long-term customer of commercial satellite imagery if the strategy is to
be successful. The conferees recognize that there are budgetary and
contracting issues, but do not believe these are beyond solution.
Therefore, the conferees direct the Secretary of Defense and the
Director of Central Intelligence to plan and carry out a program to
purchase a significant portion of their non-time-critical low and medium
resolution satellite imagery requirements from the U.S. commercial
remote sensing industry by 2005.
The conferees note that substantial resources relating to commercial
imagery activities have been included in the Emergency Terrorism
Response Supplemental Appropriations Act, 2001. Therefore, the conferees
recommend no additional funding above the President's budget request for
fiscal year 2002. The conferees expect that the NIMA and the
administration will make appropriate use of these funds to implement
this commercial imagery strategy.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations (secs. 301 302)
The Senate bill contained provisions (secs. 301 302) that would
authorize the recommended fiscal year 2002 funding levels for all
operation and maintenance and working capital fund accounts.
The House amendment contained similar provisions (secs. 301 302).
The conference agreement includes these provisions.
Armed Forces Retirement Home (sec. 303)
The Senate bill contained a provision (sec. 303) that would
authorize the appropriation of $71.4 million from the Armed Forces
Retirement Home Trust Fund for fiscal year 2002 and $22.4 million for
the development and construction of a blended use, multicare facility
and acquisition of land at the Naval Home.
The House amendment contained a similar provision (sec. 303).
The House recedes with a clarifying amendment.
Transfer from National Defense Stockpile Transaction Fund (sec. 304)
The House amendment contained a provision (sec. 304) that would
authorize the transfer of $150.0 million from the National Defense
Stockpile Transaction Fund to operation and maintenance accounts of the
Army, Navy and Air Force.
The Senate bill contained no similar provision.
The Senate recedes.
Funds for renovation of Department of Veterans Affairs
facilities adjacent to Naval Training Center, Great Lakes, Illinois
(sec. 305 )
The Senate bill contained a provision (sec. 309) that would
authorize the Secretary of the Navy to use up to $2.0 million to fund
the renovation and relocation of Department of Veterans Affairs
facilities in the proximity of the Naval Training Center, Great Lakes,
Illinois. The provision would make the authorization contingent on the
Secretary of Veterans Affairs and the Secretary of the Navy entering
into an agreement to provide 48 acres of Department of Veterans Affairs
property for the expansion of the Naval Training Center.
The House amendment contained no similar provision.
The House recedes.
Defense Language Institute Foreign Language Center expanded
Arabic language program (sec. 306)
The Senate bill contained a provision (sec. 338) that would
authorize $650,000 of the amounts available in the Operation and
Maintenance, Army, account for an expanded Arabic language program at
the Defense Language Institute.
The House amendment contained no similar provision.
The House recedes.
SUBTITLE B--ENVIRONMENTAL PROVISIONS
Inventory of unexploded ordnance, discarded military
munitions, and munitions constituents at defense sites (other than
operational ranges) (sec. 311)
The House amendment contained a provision (sec. 311) that would
require the Department of Defense to inventory sites that are known or
suspected to contain abandoned military munitions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1) provide that
the inventory requirement does not apply to operating storage and
manufacturing facilities, operational ranges, or locations outside the
United States; (2) clarify the definitions of military munitions,
operational ranges, unexploded ordnance and other key terms; (3) require
consultation with representatives of States and Tribes in the
development of a protocol for site prioritization; (4) clarify that the
prioritization of sites does not impair, alter or diminish the
Department's obligations under federal or state law; and (5) extend the
time period available for the Department to complete the inventory and
prioritization of sites.
Establishment of new program element for remediation of
unexploded ordnance, discarded military munitions, and munitions
constituents (sec. 312)
The Senate bill contained a provision (sec. 311) that would require
the Secretary of Defense to establish within each environmental
restoration account established for the Department of Defense a
sub-account for the remediation of unexploded ordnance and related
constituents.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1) establish
program elements, rather than sub-accounts, within each of the
environmental restoration accounts; and (2) clarify that the accounts
cover discarded munitions as well as unexploded ordnance and related
constituents.
Assessment of environmental remediation of unexploded
ordnance, discarded military munitions, and munitions constituents (sec.
313)
The Senate bill contained a provision (sec. 312) that would require
the Department of Defense to conduct a comprehensive assessment and
develop a plan for addressing unexploded ordnance, discarded munitions
and related constituents on Department of Defense facilities and
installations.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1) harmonize the
terminology and scope of this provision with other provisions related to
unexploded ordnance; and (2) delay from calendar year 2002 to calendar
year 2003 the due date of the required report. The conference report
would require the Department of Defense to provide an interim report
containing all available information in calendar year 2002.
Conformity of surety authority under environmental
restoration program with surety authority under CERCLA (sec. 314)
The Senate bill contained a provision (sec. 316) that would
eliminate the sunset date for the surety provisions in section 2701 of
title 10, United States Code.
The House amendment contained no similar provision.
The House recedes with a technical amendment to the title.
Elimination of annual report on contractor reimbursement for
costs of environmental response actions (sec. 315)
The House amendment contained a provision (sec. 315) that would
remove the requirement for the Department of Defense to report to
Congress on contractor reimbursement for costs of environmental response
actions for the top 20 defense contractors.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Pilot program for sale of air pollution emission reduction
incentives (sec. 316)
The Senate bill contained a provision (sec. 314) that would extend
through September 30, 2003, the authority for the Department of Defense
to conduct a pilot program for the sale of air pollution emission
reduction incentives.
The House amendment contained no similar provision.
The House recedes with an amendment requiring the Secretary of
Defense to report to Congress on the use of the program.
Department of Defense energy efficiency program (sec. 317)
The Senate bill contained a provision (sec. 313) that would require
the Secretary of Defense to carry out a program to significantly improve
the energy efficiency of the Department of Defense over the next 10
years, and require the Department to report to Congress on progress in
implementing that program.
The House amendment contained a provision (sec. 1050) expressing the
sense of Congress that the Department should work to implement fuel
efficiency reforms.
The House recedes with an amendment that would incorporate the sense
of Congress into the provision and ensure that the reports to Congress
include the same information in the same format as is already generated
for executive branch purposes.
Procurement of alternative fueled and hybrid light duty
trucks (sec. 318)
The Senate bill contained a provision (sec. 317) that would require
the Secretary of Defense to purchase hybrid electric vehicles, to the
extent that such vehicles are commercially available and meet the
Department of Defense's requirements, for the Department of Defense
fleet of light duty trucks that is not already subject to the
requirement to purchase alternative fueled vehicles pursuant to the
Energy Policy Act of 1992 (42 U.S.C. 13212).
The House amendment contained no similar provision.
The House recedes with an amendment that would expand the coverage
of the provision to all types of hybrid vehicles, to ensure that hybrid
vehicles other than hybrid-electric vehicles (such as hybrid hydrogen or
fuel-cell vehicles) would also be eligible for purchase under the
provision.
Reimbursement of Environmental Protection Agency for certain
response costs in connection with Hooper Sands site, South Berwick,
Maine (sec. 319)
The Senate bill contained a provision (sec. 315) that would
authorize the Secretary of Defense to reimburse the Environmental
Protection Agency (EPA) for environmental costs incurred by the EPA
consistent with the January 2001 agreement between the Navy and the EPA.
The House amendment contained a similar provision (sec. 313).
The House recedes with a technical amendment.
River mitigation studies (sec. 320)
The House amendment contained a provision (sec. 314) that would
authorize the Secretary of Defense to conduct mitigation studies in two
locations and to work with federal, state, local and private entities to
address problems that may be identified.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize the
studies and require that each study address the extent, if any, to which
the Department of Defense (DOD) is responsible for any problems
identified. The conference agreement does not authorize the use of DOD
funds to address these problems. The conferees understand that any
action would be conducted only under existing authority and in
accordance with applicable procedures and requirements.
SUBTITLE C--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Commissary benefits for new members of the Ready Reserve (sec. 331)
The Senate bill contained a provision (sec. 662) that would grant
new members of the Ready Reserve access to commissary stores.
The House amendment contained a similar provision (sec. 321).
The House recedes.
Reimbursement for use of commissary facilities by military
departments for purposes other than commissary sales (sec. 332)
The Senate bill contained a provision (sec. 322) that would require
service secretaries to reimburse the Defense Commissary Agency for a
share of the depreciated value of a commissary facility when a military
department uses, for non-commissary related purposes, a facility
previously acquired, constructed, or improved with commissary surcharge
funds.
The House amendment contained a similar provision (sec. 322).
The House recedes.
Public releases of commercially valuable information of
commissary stores (sec. 333)
The Senate bill contained a provision (sec. 323) that would
authorize the Secretary of Defense to limit release to the public of
commercially valuable commissary store information and to use
competitive contracting procedures to sell commissary sales data,
customer demographic information, and information pertaining to
commissary transactions and operations.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Rebate agreements with producers of foods provided under
special supplemental food program (sec. 334)
The Senate bill contained a provision (sec. 321) that would
authorize the Secretary of Defense to enter into annual contracts for
rebates with producers of food products for the exclusive right to
provide food in commissary stores as supplemental food for the Women,
Infants, and Children (WIC) Overseas Program.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Civil recovery for nonappropriated fund instrumentality costs
related to shoplifting (sec. 335)
The House amendment contained a provision (sec. 323) that would
authorize the military exchanges to pursue federal debt collection
remedies against shoplifters in the military exchange stores.
The Senate bill contained no similar provision.
The Senate recedes.
SUBTITLE D--WORKFORCE AND DEPOT ISSUES
Revision of authority to waive limitation on performance of
depot-level maintenance (sec. 341)
The Senate bill contained a provision (sec. 335) that would elevate
the current authority to waive limitations on performance of depot-level
maintenance to the Secretary of Defense. The provision also required the
Secretary to submit to the Congress a strategic plan on the operations
of public depots.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the statutory
requirement for a report. The conferees are aware, however, that the Air
Force is developing a strategic plan for the future operation and use of
the Air Logistics Centers. The conferees believe that such a plan is
essential, and direct the Secretary of the Air Force to submit this plan
to the Committees on Armed Services of the Senate and the House of
Representatives not later than January 31, 2002.
Exclusion of certain expenditures from limitation on private
sector performance of depot-level maintenance (sec. 342)
The House amendment contained a provision (sec. 335) that would
establish a five-year pilot program at three Air Force depots. The
program would exclude work performed in a public depot under a
public-private partnership from restrictions included in title 10,
United States Code relating to private sector work.
The Senate bill contained a similar provision (sec. 332).
The House recedes with an amendment that would expand the program to
all Centers of Industrial and Technical Excellence and set the program
length at four years.
Protections for purchasers of articles and services
manufactured or performed by working-capital funded industrial
facilities of the Department of Defense (sec. 343)
The House amendment contained a provision (sec. 336) that would
permit a private sector entity that has contracted with the public
sector in a working capital-funded activity of the Department of Defense
to file a claim if the public sector fails to comply with quality,
schedule, or cost performance as required by the contract.
The Senate bill contained no similar provision.
The Senate recedes.
Revision of deadline for annual report on commercial and
industrial activities (sec. 344)
The Senate bill contained a provision (sec. 1024) that would change
the due date for the Commercial Activities Report to Congress, required
by section 2461(g) of title 10, United States Code, from February 1 to
June 30 of each year, as requested by the Department of Defense.
The House amendment contained no similar provision.
The House recedes.
Pilot manpower reporting system in Department of the Army (sec. 345)
The House amendment contained a provision (sec. 333) that would
require the Department of the Army to report annually on the size of its
contractor workforce.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of the Army to provide to Congress an annual report describing
the use of non-federal entities that provide services to the Department
of the Army during fiscal years 2002 through 2004. The amendment would
also clarify that the Secretary of the Army would be required to use
existing data collection and reporting systems to compile this report,
and would not be permitted to impose any new data requirements on
non-federal entities.
The conferees note that a similar provision, applicable to all three
military services, was included in section 343 of the National Defense
Authorization Act for Fiscal Year 2000. The Navy and the Air Force
complied with this provision without establishing any new data
collection systems or imposing any new data requirements on contractors.
The conferees expect the Army to implement the new provision in a
similar manner, without establishing any new data collection systems or
imposing any new data requirements on contractors.
Development of Army Workload and Performance System and
Wholesale Logistics Modernization Program (sec. 346)
The House amendment contained a provision (sec. 334) that prohibited
the Secretary of the Army from expanding the Wholesale Logistics
Modernization Program (WLMP) beyond the original legacy systems until
those legacy systems have been replaced.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that requires the Secretary of
the Army to maintain the functionality and identity of the Army Workload
and Performance System (AWPS) as the WLMP moves forward. The Secretary
of the Army will also ensure that the AWPS continues to be the standard
Army-wide manpower system.
The amendment requires an annual report to the Congress on AWPS
implementation. The report will be evaluated by the General Accounting
Office.
SUBTITLE E--DEFENSE DEPENDENTS EDUCATION
Assistance to local educational agencies that benefit
dependents of members of the armed forces and Department of Defense
civilian employees (sec. 351)
The House amendment contained a provision (sec. 341) that would
authorize $30.0 million for educational assistance to local education
agencies where the standard for the minimum level of education within
the state could not be maintained because of the large number of
military connected students, and $1.0 million for payments to local
education agencies to assist in adjusting to reductions in military
dependent students resulting from the closure or realignment of military
installations.
The Senate bill contained a similar provision (sec. 304) that would
authorize $35.0 million for impact aid to local education agencies.
The Senate recedes.
Impact aid for children with severe disabilities (sec. 352)
The Senate bill contained a provision (sec. 305) that would
authorize $5.0 million for continuation of the Department of Defense
assistance program to local educational agencies that benefit dependents
with severe disabilities.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Availability of auxiliary services of defense dependents'
education system for dependents who are home school students (sec. 353)
The House amendment contained a provision (sec. 342) that would
require the Department of Defense (DOD) to provide support for home
schooled students who are otherwise eligible to attend DOD schools.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove participation
in individual academic courses from the services available to dependents
who are home schooled and add a requirement that the home schooled
students must comply with the standards of conduct applicable to other
students using or receiving the same auxiliary services.
Comptroller General study of adequacy of compensation
provided for teachers in the Department of Defense overseas dependents'
schools (sec. 354)
The Senate bill contained a provision (sec. 1122) that would require
the Comptroller General to conduct a study and report on whether
compensation for teachers in the defense dependents' education program
is adequate for recruiting and retaining high quality teachers, and
whether changes in the methodology for computing teacher pay are
necessary.
The House amendment contained a similar provision (sec. 343) that
would require the Secretary of Defense to conduct the study.
The House recedes with an amendment that would change the date to
May 1, 2002, that the Comptroller General must report to Congress on the
results of the study.
SUBTITLE F--OTHER MATTERS
Availability of excess defense personal property to support
Department of Veterans Affairs initiative to assist homeless veterans
(sec. 361)
The House amendment contained a provision (sec. 351) that would
permit the Secretary of Defense to make excess clothing, shoes, sleeping
bags, and related non-lethal excess supplies available, without
reimbursement, to the Secretary of Veterans Affairs for distribution to
homeless veterans and programs assisting homeless veterans.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to ensure that
adequate safeguards are in place to prevent procurement of those items
and declaring them excess and available for distribution shortly after
receipt.
Incremental implementation of Navy-Marine Corps Intranet
contract (sec. 362)
The House amendment contained a provision (sec. 352) that
permanently excluded the Marine Corps from the Navy-Marine Corps
Intranet (NMCI) program, and extended exclusions for naval aviation
depots and shipyards through fiscal year 2002.
The Senate bill contained a provision (sec. 334) that codified the
Department of Defense's plan to rephase the implementation of the NMCI
program, based on achievement of specified testing and performance
milestones.
The House recedes with an amendment that more fully describes
additional phase-in authority for the NMCI. The amendment allows the
Secretary of the Navy to contract for an additional 100,000 work
stations (the ``second increment''), pending joint approval by the Under
Secretary of Defense (Acquisition, Technology, and Logistics) and the
Department of Defense (DOD) Chief Information Officer (CIO). This
approval is dependent on successful completion of a three-phase customer
test and evaluation (known as CT&E3), as detailed in the Master Test
Plan maintained by the NMCI contractor. Tests shall be conducted on a
representative, statistically-significant sample population of NMCI work
stations. The validity of the results will be independently evaluated
and confirmed by the Institute for Defense Analyses.
The amendment permits the Secretary of the Navy to order a third
increment of an additional 150,000 work stations, pending successful
performance of at least 20,000 work stations operating on the NMCI
network. Certification of this performance must be made by the Navy CIO
to the Secretary of the Navy and the DOD CIO. The amendment further
restricts the NMCI contractor from assuming responsibility for more than
half of the work stations allowed to be ordered in the third increment
until the Navy CIO certifies to the Secretary of the Navy and the DOD
CIO that the work stations for the full headquarters at the Naval Air
Systems Command (NAVAIR) are meeting applicable service-level
agreements.
The amendment also requires the Secretary of the Navy to submit to
Congress a report on the scope and status of testing and implementation
of the NMCI network at the point at which the second and third
increments of work stations are ordered. The same information shall be
submitted when the performance requirements for NAVAIR headquarters have
been met and authority for the NMCI contractor to assume responsibility
for the remaining 75,000 seats in the third increment is granted. The
conferees intend for these reports to be complete but succinct, and to
the extent possible to draw upon information already reported within the
Department of Defense.
The amendment also requires the General Accounting Office to conduct
a study of the impact of NMCI implementation on the rate structure of
naval shipyards and depots. Finally, the amendment requires the
Secretary of the Navy to identify a single individual whose sole
responsibility will be to direct and oversee the NMCI program.
The conferees are concerned that schedule delays have limited the
amount of empirical information about the viability and performance of
the NMCI. The slowdowns in the NMCI program have resulted in a difficult
situation. Continuing the program requires additional orders of work
stations, but so few work stations have been converted to the network
that it is not yet clear whether the program will operate as intended.
Despite some lingering concerns, the conferees have adopted a plan,
based on continued demonstrations of successful testing and performance
capabilities, that is intended to allow the program to move forward in a
prudent manner. The conferees expect that the Navy, in a departure from
past practice, will be fully and readily forthcoming with information
about and explanations for any future delays or performance concerns.
The conferees' designation of a single NMCI manager is intended to
facilitate such communication with the Congress, which is of particular
importance given the size and operational impact of the NMCI program.
Comptroller General Study and Report of National Guard
Distributive Training Technology Project (sec. 363)
The Senate bill contained a provision (sec. 1027) that directed the
Comptroller General to conduct a study of the interconnectivity between
the voice, data, and video networks of the National Guard Distributive
Training Technology Project (DTTP) and other Department of Defense,
federal, state and private networks.
The purpose of the study was to identify existing capabilities and
future networking requirements for operational support of disaster
response, homeland defense, command and control of premobilization
forces, training of military personnel, training of first responders and
shared use of the DTTP networks by government and members of the
networks. The Comptroller General was also directed to identify
appropriate connections between DTTP networks and those networks at the
federal and state level responsible for disaster response and to
identify requirements for, impediments to, and means of improving
connectivity between DTTP and the other networks. The Comptroller
General was required to submit a report on the study to the Armed
Services Committees of the Senate and the House of Representatives no
more than 180 days after the date of enactment of the Act.
The House amendment contained no similar provision.
The House recedes with an amendment that clarifies the need for the
Army National Guard to establish the current and future requirements
associated with the DTTP. In order for the Comptroller General to
conduct a proper review and analysis, the Army National Guard must first
clearly articulate these requirements. Under the conference agreement
the Comptroller General shall submit its report to the Armed Services
Committees of the Senate and the House of Representatives within 270
days after the date of enactment of this Act.
Reauthorization of warranty claims recovery pilot program (sec. 364)
The Senate bill contained a provision (sec. 336) that would
reauthorize a pilot program allowing the Secretary of Defense to use
commercial services to improve the collection of Department of Defense
claims for aircraft engine warranties.
The House amendment contained no similar provision.
The House recedes.
Evaluation of current demonstration programs to improve
quality of personal property shipments of members (sec. 365)
The House amendment contained a provision (sec. 353) that would
require the Department of Defense to complete all demonstration programs
to improve the movement on household goods for members of the Armed
Forces. The provision also required the Secretary of Defense to submit
to the Congress an evaluation of these programs no later than August 31,
2002.
The Senate bill contained no similar provision.
The conferees understand that the Department of Defense has
cancelled the remaining pilot program that would have been continued
under the House provision. The conferees maintain that reengineering the
household goods moving process continues to be an important quality of
life initiative, and that termination of the Full Service Moving Project
does not relieve the Department of Defense of its responsibilities to
improve the moving process. The Senate therefore recedes with an
amendment that would require the Secretary of Defense to complete an
evaluation of all ongoing test programs for household goods moves. No
later than March 31, 2002, the Secretary shall submit to the Congress a
report on the findings of this evaluation, recommendations for policy
improvements, and an estimate of associated costs.
Sense of Congress regarding security to be provided at 2002
Winter Olympic Games (sec. 366)
The House amendment contained a provision (sec. 355) that would
express the sense of Congress that the Secretary of Defense should
provide public safety support for the 2002 Winter Olympic Games in Salt
Lake City, Utah.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment that notes the need
for the certification of the Attorney General pursuant to section
2564(a) of title 10, United States Code.
LEGISLATIVE PROVISIONS NOT ADOPTED
Applicability of core logistics capability requirements to
nuclear aircraft carriers
The House amendment contained a provision (sec. 332) that would
exclude refueling of nuclear aircraft carriers, rather than all
maintenance work on such ships, from the core logistics capabilities
that the Department of Defense maintains.
The Senate bill contained no similar provision.
The House recedes.
Authorization of additional funds
The Senate bill contained a provision (sec. 308) that would
authorize the use of $2.0 million of operation and maintenance funds for
Defense-Wide accounts to refurbish and replace air handlers and related
control systems at Air Force medical centers.
The House amendment contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $2.0 million of the funds available
for Operation and Maintenance, Defense-Wide, for Air Force air handlers.
Consequence management training
The Senate bill contained a provision (sec. 339) that would
authorize the use of $5.0 million of operation and maintenance funds for
Defense-Wide activities to provide training for members of the armed
forces (including reserve component personnel) in managing the
consequences of an incident involving the use or threat of use of a
weapon of mass destruction.
The House amendment contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $5.0 million of the funds available
for Operation and Maintenance, Defense-Wide, for consequence management
training for both active and reserve component military personnel.
Critical infrastructure protection initiative of the Navy
The Senate bill contained a provision (sec. 340) that would
authorize the use of $6.0 million of operation and maintenance funds for
the Navy for the critical infrastructure protection initiative.
The House amendment contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $6.0 million of the funds available
for Operation and Maintenance, Navy, for the critical infrastructure
protection initiative.
Environmental restoration, Formerly Used Defense Sites
The Senate bill contained a provision (sec. 307) that would increase
the authorized funding for the environmental restoration of Formerly
Used Defense Sites (FUDS) by $40.0 million.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agree to increase funding for environmental
restoration of FUDS by $40.0 million.
The conferees note that there are over 9,000 properties identified
for inclusion in the FUDS program, hundreds of which could be
categorized as former ranges. Historically, the FUDS program has
experienced significant funding shortfalls, making it difficult to
execute much needed remediation projects at these sites. In an effort to
address this problem, Congress included additional funds for FUDS
remediation in fiscal years 2000 and 2001. These funding increases
merely helped to address some, not all of the funding shortfalls. The
fiscal year 2002 budget request again failed to adequately address this
funding problem.
The conferees direct the Secretary of Defense to comprehensively
resolve this issue within the Department of Defense with a special
emphasis on the Department of the Army. The conferees expect the
Secretary of Defense to ensure that the fiscal year 2003 budget request
reflects progress in this area. In addition, the conferees direct the
Secretary of Defense to submit a report in conjunction with the fiscal
year 2003 budget request that provides a future years plan for
resolution of the FUDS funding shortfalls.
Expansion of entities eligible for loan, gift, and exchange
of documents, historical artifacts, and obsolete combat materiel
The House amendment contained a provision (sec. 354) that would
expand the list of entities eligible to receive certain materials from
the Department of Defense.
The Senate bill contained no similar provision.
The House recedes. The text of the House provision is incorporated
into a separate provision addressing Department of Defense gift
authorities (sec. 1043).
Funding for land forces information operations sustainment
The Senate bill contained a provision (sec. 337) that would
authorize the use of $5.0 million of operation and maintenance funds for
the Army Reserve for information operations sustainment.
The House amendment contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $5.0 million of the funds available
for Operation and Maintenance, Army Reserve, for information operations
sustainment.
Improvements in instrumentation and targets at Army live-fire
training ranges
The Senate bill contained a provision (sec. 306) that would increase
funding for improvements in Army live-fire ranges by $11.9 million,
offset by reductions in the fuel accounts of the Defense Working Capital
Fund.
The House amendment contained no similar provision.
The Senate recedes on the provision, and the conferees agree to
authorize additional funds.
Limitation on workforce reviews
The House amendment contained a provision (sec. 331) that would: (1)
limit the number of workforce reviews that could be performed by the
Department of Defense until certain conditions were met; and (2)
prohibit the conversion of Department of Defense functions to private
sector performance unless the cost savings from doing so would be at
least 10 percent.
The Senate bill contained no similar provision.
The House recedes.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--ACTIVE FORCES
End strengths for active forces (sec. 401)
The Senate bill contained a provision (sec. 401) that would
authorize active duty end strengths for fiscal year 2002, as shown
below:
2001 Authorization Fiscal year--
2002 request 2002 recommendation
Army 480,000 480,000 480,000
Navy 372,642 376,000 376,000
Marine Corps 172,600 172,600 172,600
Air Force 357,000 358,800 358,800
The House amendment contained an identical provision (sec. 401).
The conference agreement includes this provision.
Revision in permanent end strength minimum levels (sec. 402)
The House amendment contained a provision (sec. 402) that would
establish end strength floors for the active forces at the end strengths
contained in the budget request.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Increase in senior enlisted active duty grade limit for Navy,
Marine Corps, and Air Force (sec. 403)
The House amendment contained a provision (sec. 504) that would
increase the limitation on the authorized daily average number of
enlisted members serving on active duty within an armed force in the pay
grade of E 8 from two percent to two and one half percent of the total
number of enlisted members of that armed force on active duty on the
first day of that fiscal year.
The Senate bill contained a similar provision (sec. 402).
The Senate recedes with a clarifying amendment.
SUBTITLE B--RESERVE FORCES
End strengths for Selected Reserve (sec. 411)
The Senate bill contained a provision (sec. 411) that would
authorize Selected Reserve end strengths for fiscal year 2002, as shown
below:
2001 authorization Fiscal year--
2002 request 2002 recommendation
The Army National Guard of the United States 350,526 350,000 350,000
The Army Reserve 205,300 205,000 205,000
The Navy Reserve 88,900 87,000 87,000
The Marine Corps Reserve 39,558 39,558 39,558
The Air National Guard of the United States 108,022 108,400 108,400
The Air Force Reserve 74,358 74,700 74,700
The Coast Guard Reserve 8,000 8,000 8,000
The House amendment contained an identical provision (sec. 411).
The conference agreement includes this provision.
End strengths for reserves on active duty in support of the
reserves (sec. 412)
The Senate bill contained a provision (sec. 412) that would
authorize the full-time support end strengths for fiscal year 2002, as
shown below:
2001 authorization Fiscal year--
2002 request 2002 recommendation
The Army National Guard of the United States 22,974 22,974 23,698
The Army Reserve 13,106 13,108 13,406
The Navy Reserve 14,649 14,811 14,811
The Marine Corps Reserve 2,261 2,261 2,261
The Air National Guard of the United States 11,170 11,591 11,591
The Air Force Reserve 1,336 1,437 1,437
The House amendment contained a similar provision (sec. 412).
The House recedes.
End strengths for military technicians (dual status) (sec. 413)
The Senate bill contained a provision (sec. 413) that would
authorize the minimum level of dual status technician end strengths for
fiscal year 2002, as shown below:
2001 authorization Fiscal year--
2002 request 2002 recommendation
The Army Reserve 5,921 5,999 6,249
The Army National Guard of the United States 23,128 23,128 23,615
The Air Force Reserve 9,785 9,818 9,818
The Air National Guard of the United States 22,247 22,422 22,422
The House amendment contained a provision (sec. 413) that would
authorize the following end strengths for military technicians (dual
status) as of September 30, 2002:
2001 authorization Fiscal year--
2002 request 2002 recommendation
The Army Reserve 5,921 5,999 5,999
The Army National Guard of the United States 23,128 23,128 23,128
The Air Force Reserve 9,785 9,818 9,818
The Air National Guard of the United States 22,247 22,422 22,422
The House recedes.
Fiscal year 2002 limitation on non-dual status technicians (sec. 414)
The House amendment contained a provision (sec. 414) that would
establish the following limits on the numbers of non-dual status
technicians as of September 30, 2002:
2001 limit Fiscal year--
2002 request 2002 recommendation
The Army Reserve 1,195 1,095 1,095
The Army National Guard of the United States 1,600 1,600 1,600
The Air Force Reserve 10 0 90
The Air National Guard of the United States 326 350 350
The Senate bill contained a similar provision (sec. 414). The Senate
recedes.
Limitations on numbers of reserve personnel serving on active
duty or full-time National Guard duty in certain grades for
administration of reserve components (sec. 415)
The House amendment contained a provision (sec. 415) that would
authorize new grade tables for all reserve components of the military
departments to limit the number of officers and senior enlisted members
serving on active duty or full-time National Guard Duty in the pay
grades of 0 6, 0 5, 0 4, E 9, and E 8.
The Senate bill contained a similar provision (sec. 415).
The Senate recedes with a clarifying amendment.
SUBTITLE C--OTHER MATTERS RELATING TO PERSONNEL STRENGTHS
Administration of end strengths (sec. 421)
The House amendment contained a provision (sec. 421) that would
authorize the Secretary of Defense to increase the active duty end
strength of a military service up to two percent above the authorized
end strengths for that service.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize the
President to waive any statutory end strength at the end of any fiscal
year during which there is in effect a war or national emergency.
Active duty end strength exemption for National Guard and
reserve personnel performing funeral honors functions (sec. 422)
The House amendment contained a provision (sec. 422) that would
permit members of the reserve components on active duty and members on
full-time National Guard duty to prepare for and perform funeral honors
functions without counting against the active duty end strengths of the
armed forces.
The Senate bill contained a similar provision (sec. 561).
The Senate recedes.
SUBTITLE D--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations for military personnel (sec. 431)
The Senate bill contained a provision (sec. 421) that would
authorize a total of $82,396.9 million to be appropriated to the
Department of Defense for military personnel.
The House amendment contained a provision (sec. 431) that would
authorize $82,279.1 million to be appropriated to the Department of
Defense for military personnel.
The House recedes with an amendment that would authorize $82,307.3
million to be appropriated to the Department of Defense for military
personnel.
The conferees provide the following itemization of the increases and
decreases from the budget request related to the military personnel
accounts:
MILITARY PERSONNEL ACCOUNTS
[Additions in millions]
Conference
agreement
Officer Uniform Allowances
4.0
Authorize TLE for Officer First Duty Station
6.0
Increase TLE to $180 per day
39.0
Pet Quarantine Reimbursement
1.0
Additional Army Guard AGR End Strength
24.7
Additional Army Reserve AGR End Strength
8.3
Transferability of MGIB Benefits
30.0
DLA for Members w/Dependents at First Duty Station
36.0
Education Savings Bonds
20.0
169.0
MILITARY PERSONNEL ACCOUNTS
[Reductions in millions]
Conference
agreement
Savings from Installment Payments for 15-year Career Status Bonus
30.0
Air Force End Strength and Grade Underexecution
129.0
Savings from DOD Proposals Not Enacted
10.0
169.0
LEGISLATIVE PROVISIONS NOT ADOPTED
Increase in authorized strengths for Air Force officers on
active duty in the grade of major
The House amendment contained a provision (sec. 423) that would
authorize a seven percent increase in the maximum number of officers
serving on active duty in the grade of major.
The Senate bill contained no similar provision.
The House recedes.
Strength and grade limitation accounting for reserve
component members on active duty in support of a contingency operation
The Senate bill contained a provision (sec. 416) that would
authorize the Secretary of Defense to increase the limit on active duty
end strengths of members of the reserve components in pay grades E 8, E
9, O 4, O 5, O 6, and general and flag officers by the number in those
pay grades serving on active duty, with their consent, in support of a
contingency operation.
The House amendment contained no similar provision.
The Senate recedes.
TITLE V--MILITARY PERSONNEL POLICY
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--OFFICER PERSONNEL POLICY
Enhanced flexibility for management of senior general and
flag officer positions (sec. 501)
The Senate bill contained a provision (sec. 501) that would increase
the grade of the Vice Chief of the National Guard Bureau to lieutenant
general, the grades of the heads of the Nurse Corps for the Army and the
Air Force to major general and of the Navy to rear admiral (upper half),
and the grade of the Chief of Army Veterinary Corps to brigadier
general. The provision would also authorize one additional Marine
general above the grade of major general and exclude an officer serving
as the Senior Military Assistant to the Secretary of Defense in the
grade of general or lieutenant general, or admiral or vice admiral, from
the limit on officers serving in that grade for his or her service, and
would repeal the limit on the number of officers on active duty in the
grades of general or admiral.
The House amendment contained a provision (sec. 501) that would
repeal the limit on the number of officers on active duty in the grades
of general or admiral.
The House recedes with an amendment that would repeal the limit on
the number of officers on active duty in the grades of general or
admiral.
The conferees are concerned about the various proposals received
each year for authorizing new general or flag officer positions,
increasing the total number of general and flag officers, and exempting
general and flag officers from current grade limits. The conferees are
also aware that changes made as a result of the Defense Strategy Review
and the Quadrennial Defense Review may result in changes in requirements
for general and flag officers.
Rather than addressing individual proposals piecemeal, the conferees
direct the Secretary of Defense, using current data and requirements, to
conduct a comprehensive review, as delineated by section 1213 of the
National Defense Authorization Act for Fiscal Year 1997, of the existing
statutory reserve and active general and flag officer authorizations.
The Secretary should report the results of the review to Congress no
later than six months after the date of enactment of this Act, together
with any recommendations for revisions to those authorizations.
Certifications of satisfactory performance for retirement of
officers in grades above major general and rear admiral (sec. 502)
The Senate bill contained a provision (sec. 507) that would
authorize the Secretary of Defense to delegate to the Under Secretary of
Defense for Personnel and Readiness or the Deputy Under Secretary of
Defense for Personnel and Readiness the authority to certify to the
President and to Congress that certain officers have served
satisfactorily in the grade of general, admiral, lieutenant general, or
vice admiral before authorizing retirement in that grade. The provision
would require the Secretary of Defense to act personally on cases where
there is potentially adverse information that has not previously been
reported to the Senate in connection with a previous appointment.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Review of actions of selection boards (sec. 503)
The Senate bill contained a provision (sec. 585) that would provide
that service members or former service members challenging the results
of selection boards or promotion boards are not entitled to relief in a
judicial proceeding unless the matter was first considered by a special
board or a special selection board, or the secretary concerned denied
such consideration.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees do not intend, by this provision, to change the
existing authority of the federal courts to determine the validity of
any statute, regulation or policy relating to selection boards in any
applicable form of action, including, when authorized by law or by the
rules of the court, a class action.
Temporary reduction of time-in-grade requirement for
eligibility for promotion for certain active-duty list officers in
grades of first lieutenant and lieutenant (junior grade) (sec. 504)
The Senate bill contained a provision (sec. 502) that would reduce
the minimum time-in-grade for promotion of lieutenants and lieutenants
(junior grade) from two years to 18 months.
The House amendment contained a similar provision (sec. 503).
The House recedes with an amendment that would limit this provision
to officers with 18 months time-in-grade as first lieutenants and
lieutenants (junior grade) before October 1, 2005.
Authority for promotion without selection board consideration
for all fully qualified officers in grade of first lieutenant or
lieutenant (junior grade) in the Navy (sec. 505)
The Senate bill contained a provision (sec. 503) that would
authorize the promotion of officers on the active-duty list and on the
reserve active-status list to captain in the Army, Air Force, or Marine
Corps, or to the grade of lieutenant in the Navy without selection board
action when the secretary concerned determines that all fully qualified
officers eligible for consideration for promotion are needed in the next
higher grade to accomplish mission objectives. The recommended provision
would provide that an officer who is not promoted because the secretary
concerned determines that the officer is not fully qualified for
promotion would be treated as having failed of selection for promotion.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Authority to adjust date of rank of certain promotions
delayed by reason of unusual circumstances (sec. 506)
The Senate bill contained a provision (sec. 504) that would
authorize the service secretaries to adjust dates of rank of officers in
grades 0 6 and below when the officers' promotions are delayed because
of unusual circumstances causing an unintended delay in the processing
or approval of a report of a selection board or promotion list.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Authority for limited extension of medical deferment of
mandatory retirement or separation (sec. 507)
The House amendment contained a provision (sec. 505) that would
authorize the secretaries of the military departments to extend for an
additional 30 days the deferment of mandatory retirement or separation
for medical reasons to provide a member additional time to prepare for
retirement or separation.
The Senate bill contained a similar provision (sec. 505).
The Senate recedes.
Authority for limited extension on active duty of members
subject to mandatory retirement or separation (sec. 508)
The House amendment contained a provision (sec. 506) that would
authorize the secretaries of the military departments to extend for an
additional 90 days the deferment of mandatory retirement or separation
due to the implementation of stop loss authority to provide the military
member additional time to prepare for retirement or separation.
The Senate bill contained a similar provision (sec. 508).
The Senate recedes with a clarifying amendment.
Exemption from certain administrative limitations for retired
officers ordered to active duty as defense or service attache AE1s (sec.
509)
The Senate bill contained a provision (sec. 506) that would exclude
retired members recalled to active duty for service as defense or
service attache AE1s from the limitations on the number of retired
members who can be recalled to active duty and from the time limit on
the period of a recall to active duty.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The Secretary of Defense has repeatedly sought additional exceptions
to the limitations on retired members recalled to active duty. The
conferees believe that the Secretary of Defense should have more
flexibility to recall retired members without seeking legislative
authority to do so. Accordingly, the conferees direct the Secretary of
Defense to report, not later than March 31, 2002, to the Committees on
Armed Services of the Senate and the House of Representatives on an
appropriate limit on the number of retirees in pay grade 0 6 and below
who could serve on active duty at any one time if the exceptions
contained in sections 688(e)(2) and 690(b)(2) of title 10, United States
Code, were eliminated.
Officer in charge of United States Navy Band (sec. 510)
The House amendment contained a provision (sec. 508) that would
permit a Navy limited duty officer who holds the rank of at least
lieutenant commander to be detailed to serve in the rank of captain
while holding the position of officer in charge of the United States
Navy Band.
The Senate bill contained a similar provision (sec. 509).
The Senate recedes with a clarifying amendment.
SUBTITLE B--RESERVE COMPONENT PERSONNEL POLICY
Placement on active-duty list of certain reserve officers on
active duty for a period of three years or less (sec. 511)
The House amendment contained a provision (sec. 511) that would
require members recalled to active duty for three years or less to be
placed on the active-duty list unless the service secretary specifies in
the service member's orders that the member will be retained on the
reserve active-status list.
The Senate bill contained a similar provision (sec. 512).
The Senate recedes.
Exception to baccalaureate degree requirement for appointment
of reserve officers to grades above first lieutenant (sec. 512)
The Senate bill contained a provision (sec. 511) that would extend
by three years, to September 30, 2003, the authority of the Secretary of
the Army to waive, on a case by case basis, the requirement for reserve
officers commissioned through the Army Officer Candidate School to have
been awarded a baccalaureate degree before being promoted to the grade
of captain.
The House amendment contained a similar provision (sec. 513).
The House recedes with an amendment that would also authorize the
Secretary of the Navy to waive, on a case by case basis, the requirement
for a baccalaureate degree in the case of reserve officers whose
original appointment as a reserve officer in the Marine Corps was
through the Marine Corps meritorious commissioning program.
The conferees intend that the service secretaries grant waivers only
to those officers who have demonstrated substantial progress toward
achieving the goal of earning a baccalaureate degree.
Improved disability benefits for certain reserve component
members (sec. 513)
The House amendment contained a provision (sec. 514) that would
remove the requirement that reservists must be performing inactive-duty
for training at a site that is outside normal commuting distance before
being eligible for disability benefits and programs if they incur or
aggravate an injury, illness, or disease in the line of duty when
remaining overnight at training locations before or between
inactive-duty training periods.
The Senate bill contained a similar provision (sec. 515).
The Senate recedes with a clarifying amendment.
Time-in-grade requirement for reserve component officers
retired with a nonservice-connected disability (sec. 514)
The House amendment contained a provision (sec. 515) that would
authorize retirement eligible reserve officers with
non-service-connected physical disabilities that disqualify the officer
from continued service to be retired in the highest grade held by the
officer for six months, regardless of other time-in-grade requirements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit application of
this provision to members whose nonservice-connected-disabilities are
incurred in the line of duty.
Equal treatment of reserves and full-time active duty members
for purposes of managing personnel deployments (sec. 515)
The Senate bill contained a provision (sec. 513) that would amend
the definition of deployment for reservists to include performance of
duty that makes it impossible or infeasible to spend off-duty time in
the housing that the member usually occupies during off-duty time when
on garrison duty.
The House amendment contained a similar provision (sec. 516).
The House recedes with a clarifying amendment.
Modification of physical examination requirements for members
of the Individual Ready Reserve (sec. 516)
The Senate bill contained a provision (sec. 514) that would
eliminate the requirement that members of the Individual Ready Reserve
receive a physical examination every five years and would require a
physical examination as necessary to determine the member's physical
fitness for military duty or for promotion, attendance at an armed
forces' school, or other action related to career progression.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Retirement of reserve members without requirement for formal
application or request (sec. 517)
The Senate bill contained a provision (sec. 516) that would
authorize the service secretaries to transfer to the Retired Reserve
officers who are required to be removed from active status because of
failure of selection for promotion, length of service or age, and
warrant officers and enlisted members who are required to be discharged
or removed from active status because of years of service or age, unless
the member requests not to be transferred to the Retired Reserve.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Space-required travel by reserves on military aircraft (sec. 518)
The Senate bill contained a provision (sec. 517) that would correct
an impairment to authorized travel with allowances for reservists
performing annual training duty.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Payment of Federal Employee Health Benefit Program premiums
for certain reservists called to active duty in support of contingency
operations (sec. 519)
The House amendment contained a provision (sec. 588) that would
authorize federal agencies to pay both the employee and government
contributions to the Federal Employee Health Benefit Program for federal
employees who are members of a reserve component who are called to
active duty for more than 30 days in support of a contingency operation.
The Senate bill contained no similar provision.
The Senate recedes.
SUBTITLE C--JOINT SPECIALTY OFFICERS AND JOINT PROFESSIONAL MILITARY
EDUCATION
Nominations and promotions for joint specialty officers (sec. 521)
The House amendment contained a provision (sec. 521) that would
provide for the automatic nomination of any officer who, before or after
the enactment of this provision, meets the statutory education and
service requirements for nomination as a joint specialty officer (JSO).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would provide that, during
the three-year period following enactment, officers with a joint
specialty are expected, as a group, to be promoted at a rate not less
than the rate for officers of the same armed force in the same grade and
competitive category.
The conferees intend that JSOs must remain highly qualified and
competitive for promotion within their services. Following an assessment
of recommendations made by an independent study of joint officer
management and joint professional military education reforms, Congress
will reassess the promotion standard.
Joint duty credit (sec. 522)
The House amendment contained a provision (sec. 522) that would
prescribe standards and requirements for the Secretary of Defense to
award joint duty credit to officers serving in temporary joint task
force headquarters that are not engaged in combat or near combat
operations.
The Senate bill contained no similar provision.
The Senate recedes.
Retroactive joint service credit for duty in certain joint
task forces (sec. 523)
The House amendment contained a provision (sec. 523) that would
authorize the Secretary of Defense, after a case-by-case review, to
award joint service credit to an officer who served in the headquarters
of a temporary joint task force employed by the United States during one
or more of nine specific joint operations that began during the period
August 1, 1992, and June 11, 1999.
The Senate bill contained no similar provision.
The Senate recedes.
Revision to annual report on joint officer management (sec. 524)
The House amendment contained a provision (sec. 524) that would
change some annual reporting requirements to reflect the committee's
recommended amendments to the joint officer management system.
The Senate bill contained no similar provision.
The Senate recedes.
Requirement for selection for joint specialty before
promotion to general or flag officer grade (sec. 525)
The House amendment contained a provision (sec. 525) that would
require that after September 20, 2007, officers promoted to brigadier
general or rear admiral (lower half) must be selected as a joint
specialty officer (JSO) prior to their promotion.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would permit waiver of the
requirement that officers must be selected as a JSO as a condition for
promotion to flag or general officer under certain circumstances.
The conferees note that the Goldwater-Nichols Defense Reorganization
Act provided that both joint professional military education and
completion of one full tour of joint duty, or, in certain circumstances,
completion of two full tours of duty in a joint duty assignment, were
required to qualify an officer as a JSO. In addition, the
Goldwater-Nichols Act required not only that all future senior leaders
of joint forces be joint specialty officers as a condition of assignment
as commander of a unified or specified command, but also established
that future Vice Chairmen of the Joint Chiefs of Staff would also come
from the ranks of JSOs. However, as a precondition for promotion to
brigadier general, or rear admiral (lower half) the Goldwater-Nichols
Act established a less demanding standard, requiring only the completion
of one ``full tour'' of joint duty, and not requiring Joint Professional
Military Education (JPME). Fifteen years after the enactment of the
Goldwater-Nichols Act, the conferees believe that it is appropriate to
require that officers selected for general and flag officer rank should
be drawn from the ranks of JSOs.
The conferees believe that persons promoted to flag and general
officer should be held at least to the same standard as other officers
qualifying as JSOs. The conferees also believe that it is not
unreasonable to expect the services to include completion of JPME and a
joint duty tour in the career paths of officers who are ultimately
selected for promotion to general and flag officer rank. To that end,
the conferees desire that the serving-in waiver be eliminated, if
possible, through creative approaches to career management, such as
extending mandatory retirement dates upon completion of JPME and/or
designation as a JSO; and require that the independent study required
elsewhere in this report specifically address the feasibility and
implications of eliminating the serving-in waiver.
Independent study of joint officer management and joint
professional military education reforms (sec. 526)
The House amendment contained a provision (sec. 526) that would
require that the Secretary of Defense commission an independent study of
issues related to joint officer management, joint professional military
education, and the roles of the Secretary and the Chairman of the Joint
Chiefs of Staff in managing and educating joint officers.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require that the
entity conducting the study submit a report on the study to Congress not
later than one year after the date of enactment of this Act.
Professional development education (sec. 527)
The House amendment contained a provision (sec. 527) that would make
the Secretary of Defense the executive agent for funding professional
development education operations at the National Defense University
beginning in fiscal year 2003.
The Senate bill contained no similar provision.
The Senate recedes.
Authority for National Defense University to enroll certain
private sector civilians (sec. 528)
The House amendment contained a provision (sec. 528) that would
permit up to 10 private sector employees of organizations relevant to
national security to receive instruction at the National Defense
University.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Continuation of reserve component professional military
education test (sec. 529)
The House amendment contained a provision (sec. 529) that would
require the Secretary of Defense to continue the concept validation test
of the Joint Professional Military Education (JPME) course for reserve
component officers in fiscal year 2002, and would authorize a broader
pilot program in fiscal year 2003 for reserve component JPME, if the
Secretary determines that the results of the concept validation test
merit it.
The Senate bill contained no similar provision.
The Senate recedes.
SUBTITLE D--MILITARY EDUCATION AND TRAINING
Defense Language Institute Foreign Language Center (sec. 531)
The House amendment contained a provision (sec. 531) that would
authorize the commandant of the Defense Language Institute to award an
associate of arts degree in a foreign language to graduates of the
Institute's Foreign Language Center who meet the requirements for the
degree.
The Senate bill contained a similar provision (sec. 534).
The Senate recedes.
Authority for the Marine Corps University to award degree of
master of strategic studies (sec. 532)
The House amendment contained a provision (sec. 532) that would
authorize the president of the Marine Corps University to confer the
degree of master of strategic studies upon graduates of the Marine Corps
War College who meet the requirements for that degree.
The Senate bill contained a similar provision (sec. 535).
The Senate recedes.
Foreign students attending the service academies (sec. 533)
The Senate bill contained a provision (sec. 536) that would
authorize the service secretaries to permit 60 persons from foreign
countries to attend the service's academy at any one time and would
authorize the Secretary of Defense to waive, in whole or in part, the
requirement for reimbursement of the cost of providing instruction to a
foreign cadet or midshipman.
The conferees expect the Department of Defense to exercise its
authority to waive reimbursement in a fiscally prudent manner,
recognizing the extraordinary value of a service academy education. The
Department should give full consideration to all the factors concerning
the ability of the foreign country to provide partial or complete
reimbursement. The conferees direct the Secretary of Defense to include
in the justification materials submitted with the annual budget request
an exhibit describing the number of waivers granted and the rationale
for approving the waivers in each service.
The House amendment contained a similar provision (sec. 533).
The House recedes with a clarifying amendment.
Increase in maximum age for appointment as a cadet or
midshipman in Senior Reserve Officers' Training Corps scholarship
programs (sec. 534)
The House amendment contained a provision (sec. 534) that would
increase the maximum allowable age for the Senior Reserve Officers'
Training Corps scholarship program from age 27 on June 30 of the year in
which the officer candidate is expected to be commissioned to age 35 on
December 31 of the year in which the officer candidate is expected to be
commissioned.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would increase the age to
31 years of age on December 31 of the year in which the officer
candidate is expected to be commissioned.
Participation of regular enlisted members of the armed forces
in Senior Reserve Officers' Training Corps program (sec. 535)
The Senate bill contained a provision (sec. 540) that would
authorize active duty enlisted members to participate in the Senior
Reserve Officers' Training Corps program.
The House amendment contained a similar provision (sec. 535).
The House recedes with a clarifying amendment.
Authority to modify the service obligation of certain ROTC
cadets in military junior colleges receiving financial assistance (sec.
536)
The House amendment contained a provision (sec. 536) that would
authorize the Secretary of the Army to permit military junior college
cadets who sign future Guaranteed Reserve Forces Duty contracts to
satisfy their service obligation through either active duty service or
reserve service in a troop program unit.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Repeal of limitation on number of Junior Reserve Officers'
Training Corps units (sec. 537)
The Senate bill contained a provision (sec. 532) that would repeal
the limitation on the number of Junior Reserve Officers Training Corps
units.
The House amendment contained an identical provision (sec. 538).
The conference agreement includes this provision.
Modification of nurse officer candidate accession program
restriction on students attending educational institutions with Senior
Reserve Officers' Training programs (sec. 538)
The House amendment contained a provision (sec. 537) that would
remove the restriction on nurse officer candidates receiving financial
assistance while training to be nurses at institutions with Reserve
Officer Training Corps programs.
The Senate bill contained a similar provision (sec. 620).
The Senate recedes.
Reserve health professionals stipend program expansion (sec. 539)
The House amendment contained a provision (sec. 539) that would
expand the stipend program for reserve health professionals by
authorizing medical and dental school students to receive stipends and
by authorizing continuing compensation for medical and dental school
graduates participating in residency programs involving critical wartime
specialties.
The Senate bill contained a similar provision (sec. 537).
The Senate recedes with a clarifying amendment.
Housing allowance for the chaplain for the Corps of Cadets at
the United States Military Academy (sec. 540)
The House amendment contained a provision (sec. 540) that would
authorize a housing allowance for the chaplain for the Corps of Cadets
at the United States Military Academy.
The Senate bill contained a similar provision (sec. 1121).
The Senate recedes with a clarifying amendment.
SUBTITLE E--RECRUITING AND ACCESSION PROGRAMS
18-month enlistment pilot program (sec. 541)
The House amendment contained a provision (sec. 589) that would
authorize, during the period beginning on October 1, 2003 and ending on
December 31, 2007, an 18 month enlistment pilot program to increase the
participation of prior service persons in the Selected Reserve and
increase the pool of participants in the Individual Ready Reserve.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize members
who enlist under this program the option of reenlisting for continued
service on active duty.
Improved benefits under the Army College First program (sec. 542)
The Senate bill contained a provision (sec. 531) that would modify
the Army College First program by extending the period of delayed entry
from two years to 30 months and increasing the monthly allowance to the
higher of $250 or the amount of subsistence allowance for members of the
Senior Reserve Officers' Training Corps.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment that would change the
amount of the subsistence allowance to be the same as the amount of the
subsistence allowance provided to members of the Senior Officers'
Training Corps with the corresponding number of years of participation.
Correction and extension of certain Army recruiting pilot
program authorities (sec. 543)
The Senate bill contained a provision (sec. 582) that would extend
certain Army recruiting pilot programs and, for the pilot program
involving contract recruiting initiatives, require replacement of Army
Reserve recruiters and remove the requirement that contract recruiters
operate under the military recruiter chain of command.
The House amendment contained no similar provision.
The House recedes.
Military recruiter access to secondary school students (sec. 544)
The House amendment contained a provision (sec. 584) that would
specify that secondary schools shall provide directory information to
recruiters in the same way that such information is provided to
institutions of higher education when the student has indicated a desire
or intent to enroll in that institution.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require local
educational agencies receiving assistance under the Elementary and
Secondary Education Act of 1965 to provide to military recruiters the
same access to secondary school students as is provided generally to
postsecondary educational institutions or to prospective employers and,
upon request by military recruiters, access to secondary school student
names, addresses, and telephone listings unless the parent or student
has submitted a request that this information not be released without
prior written parental consent.
Permanent authority for use of military recruiting funds for
certain expenses at Department of Defense recruiting functions (sec.
545)
The House amendment contained a provision (sec. 583) that would make
permanent the authority for the secretaries of the military departments
to conduct social functions involving recruit candidates and recruits
awaiting active duty entry, and other persons known to influence the
career decisions of recruitment-age youth.
The Senate bill contained no similar provision.
The Senate recedes.
Report on health and disability benefits for pre-accession
training and education programs (sec. 546)
The Senate bill contained a provision (sec. 589) that would require
the Secretary of Defense to conduct a review of and report on the health
and disability benefits available to recruits and officer candidates
engaged in training, education, or other types of programs while not yet
on active duty and to cadets and midshipmen attending the service
academies.
The House amendment contained a similar provision (sec. 592).
The House recedes with an amendment that would require that the
Secretary of Defense include in his report an analysis of health and
disability benefits administered by the Department of Veterans Affairs
and the Department of Labor available to persons injured in training or
education.
SUBTITLE F--DECORATIONS, AWARDS, AND POSTHUMOUS COMMISSIONS
Authority for award of the Medal of Honor to Humbert R.
Versace, Jon E. Swanson, and Ben L. Salomon for valor (sec. 551)
The Senate bill contained a provision (sec. 551) that would waive
statutory time limits and authorize the President to award the Medal of
Honor to Humbert R. Versace for valor during the Vietnam War.
The House amendment contained a similar provision (sec. 541).
The House recedes with an amendment that would also waive statutory
time limits and authorize the President to award the Medal of Honor to
Jon E. Swanson for valor during the Vietnam War and Ben L. Salomon for
valor during World War II.
Review regarding award of Medal of Honor to certain Jewish
American and Hispanic American war veterans (sec. 552)
The House amendment contained a provision (sec. 542) that would
require the secretaries of the military departments to review the
service records of certain Jewish and Hispanic veterans from World War
II and later periods to determine if the award of the Medal of Honor is
appropriate and would waive the statutory time limitations for award
where the secretaries determine that service records support the award
of Medals of Honor.
The Senate bill contained a similar provision requiring review of
the service records of Jewish American war veterans (sec. 552).
The Senate recedes with a clarifying amendment.
Authority to issue duplicate Medals of Honor and to replace
stolen military decorations (sec. 553)
The House amendment contained a provision (sec. 543) that would
authorize the service secretaries to issue one duplicate Medal of Honor
to recipients for display purposes, and a provision (sec. 544) that
would clarify that the service secretaries are authorized to replace
stolen decorations.
The Senate bill contained a similar provision (sec. 553).
The Senate recedes with an amendment that would combine the provisions.
Retroactive Medal of Honor special pension (sec. 554)
The Senate bill contained a provision (sec. 556) that would entitle
Robert R. Ingram to retroactive payment of the Medal of Honor special
pension.
The House amendment contained no similar provision.
The House recedes.
Waiver of time limitations for award of certain decorations
to certain persons (sec. 555)
The Senate bill contained a provision (sec. 554) that would waive
the statutory time limits for award of military decorations to certain
individuals who have been recommended by the service secretaries for
these awards.
The House amendment contained a similar provision (sec. 545).
The House recedes.
Sense of Congress on issuance of certain medals (sec. 556)
The Senate bill contained a provision (sec. 555) that would express
the sense of the Senate that the Secretary of Defense should consider
authorizing the issuance of the Korea Defense Service Medal to persons
who served in the armed forces in or adjacent to the Republic of Korea
between July 28, 1954, and a date determined by the Secretary.
The House amendment contained a provision (sec. 546) that would
require the secretaries of the military departments to issue the Korea
Defense Service Medal.
The House amendment also contained a provision (sec. 547) that would
require the secretaries of the military departments to issue a Cold War
Service Medal to persons who served honorably on active duty in the
armed forces during the period beginning on September 2, 1945, and
ending on December 26, 1991.
The House amendment also contained a provision (sec. 548) that would
authorize participants in Operation Frequent Wind to return the award of
the Armed Forces Expeditionary Medal and to receive the Vietnam Service
Medal in its place.
The House recedes with an amendment that would consolidate these
provisions to express the sense of the Congress that the Secretary of
Defense should consider authorizing the award of the Korea Defense
Service Medal, the Cold War Service Medal, and the Vietnam Service Medal
to persons in the categories described above.
The conferees believe that the decision of whether or not to award
campaign medals should be the prerogative of the Secretary of Defense.
Sense of Congress on development of a more comprehensive,
uniform policy for the award of decorations to military and civilian
personnel of the Department of Defense (sec. 557)
The House amendment contained a provision (sec. 549) that would
commend the decision by the Department of Defense to create a new award,
a medal for the defense of freedom, to be awarded to Department of
Defense civilians who are killed or wounded as a result of hostile
action.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Posthumous Army commission in the grade of captain in the
Chaplains Corps to Ella E. Gibson for service as chaplain of the First
Wisconsin Heavy Artillery Regiment during the Civil War (sec. 558)
The House amendment contained a provision (sec. 586) that would
authorize and request the President to posthumously appoint Ella E.
Gibson to the grade of captain for her service as a chaplain in the
First Wisconsin Heavy Artillery Regiment during the Civil War.
The Senate bill contained no similar provision.
The Senate recedes.
SUBTITLE G--FUNERAL HONORS DUTY
Participation of military retirees in funeral honors details (sec. 561)
The Senate bill contained a provision (sec. 562) that would
authorize military retirees to serve as members of funeral honors
details.
The House amendment contained a similar provision (sec. 651).
The House recedes with a clarifying amendment.
Funeral honors duty performed by reserve and guard members to
be treated as inactive-duty training for certain purposes (sec. 562)
The House amendment contained a provision (sec. 517) that would
authorize reserve and National Guard members performing funeral honors
duty the same rights, benefits, and protections that would be provided
members performing inactive-duty training.
The Senate bill contained a similar provision (sec. 563).
The Senate recedes.
Use of military leave for funeral honors duty by reserve
members and National Guardsmen (sec. 563)
The House amendment contained a provision (sec. 519) that would
authorize federal employees who are members of the reserve components to
use military leave to perform funeral honors duty.
The Senate bill contained a similar provision (sec. 564).
The Senate recedes.
Authority to provide appropriate articles of clothing as a
civilian uniform for civilians participating in funeral honor details
(sec. 564)
The House amendment contained a provision (sec. 593) that would
require the secretary of a military department to provide, upon a
showing of financial need, articles of clothing as a civilian uniform
for civilians participating in funeral honor details for veterans.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize the
secretaries to provide the articles of clothing.
The conferees are aware of the challenges the services face in
providing funeral honors details for all veterans' funerals where a
funeral honors detail is requested. The conferees encourage the services
to work closely with and provide support to veterans organizations to
increase their participation in funeral honors details.
SUBTITLE H--MILITARY SPOUSES AND FAMILY MEMBERS
Improved financial and other assistance to military spouses
for job training and education (sec. 571)
The House amendment contained a provision (sec. 561) that would
require the Secretary of Defense to examine existing Department of
Defense and other federal, state and non-governmental programs with the
objective of improving retention of military personnel by increasing the
employability of military spouses and helping those spouses gain access
to financial and other assistance for training and education.
The Senate bill contained no similar provision.
The Senate recedes.
Persons authorized to be included in surveys of military
families regarding federal programs (sec. 572)
The Senate bill contained a provision (sec. 581) that would
authorize the Secretary of Defense to add family members of retirees and
surviving spouses to those who may be surveyed to determine the
effectiveness of federal programs relating to military families and the
need for new programs.
The House amendment contained a similar provision (sec. 562).
The House recedes with a clarifying amendment.
Clarification of treatment of classified information
concerning persons in a missing status (sec. 573)
The House amendment contained a provision (sec. 563) that would
amend section 1506 of title 10, United States Code, to require the
Secretary of Defense to maintain a separate file available for review by
next-of-kin that would provide notice of the existence of classified
information which may pertain to one or more missing persons.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II (sec. 574)
The House amendment contained a provision (sec. 564) that would
authorize the Secretary of Defense to provide transportation for the
next-of-kin of persons who are unaccounted for from the Korean War, the
Cold War, the Vietnam War, and the Persian Gulf Conflict to an annual
meeting concerning ongoing efforts to resolve the fate of their missing
family member.
The Senate bill contained a similar provision (sec. 588).
The Senate recedes with a clarifying amendment.
Amendments to charter of Defense Task Force on Domestic
Violence (sec. 575)
The House amendment contained a provision (sec. 565) that would
extend the original three-year authorization of the Defense Task Force
on Domestic Violence from October, 2002, to April 24, 2003 and authorize
reimbursement to be paid to task force members who are not Department of
Defense or federal civilian employees.
The Senate bill contained a similar provision (sec. 587).
The Senate recedes.
SUBTITLE I--MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Blood alcohol content limit for the offense under the Uniform
Code of Military Justice of drunken operation of a vehicle, aircraft, or
vessel (sec. 581)
The Senate bill contained a provision (sec. 583) that would amend
Article 111 of the Uniform Code of Military Justice (10 U.S.C. 911) to
lower the blood alcohol concentration necessary to establish drunken
operation of a motor vehicle, aircraft, or vessel from 0.1 to 0.08 grams
or more of alcohol per 100 milliliters of blood or 0.08 per 210 liters
of breath.
The House amendment contained no similar provision.
The House recedes with an amendment that would establish the blood
alcohol content limit as the limit under the law of the state in which
the conduct occurred. Where the military installation is in more than
one state, the Secretary would select the blood alcohol limit of one of
the states if the states have different limits.
Requirement that courts-martial consist of not less than 12
members in capital cases (sec. 582)
The House amendment contained a provision (sec. 571) that would
amend chapter 47 of title 10, United States Code, to increase the
minimum number of required court-martial members to 12 in cases in which
the death penalty may be adjudged as a sentence.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would make this provision
effective for offenses committed after December 31, 2002.
The conferees understand that a similar proposal is currently being
reviewed by the Joint Service Committee on Military Justice. The
conferees expect the Secretary of Defense to provide any comments the
Secretary may have on such a proposal to the Committees on Armed
Services of the Senate and the House of Representatives no later than
March 1, 2002.
Acceptance of voluntary legal assistance for the civil
affairs of members and former members of the uniformed services and
their dependents (sec. 583)
The Senate bill contained a provision (sec. 586) that would
authorize the service secretaries to accept voluntary legal services.
The recommended provision would treat a volunteer providing legal
services the same as an attorney on the legal staff within the
Department of Defense for defense of legal malpractice.
The House amendment contained a similar provision (sec. 574).
The House recedes.
SUBTITLE J--OTHER MATTERS
Congressional review period for change in ground combat
exclusion policy (sec. 591)
The House amendment contained a provision (sec. 591) that would
change to 60 days of continuous session of Congress the congressional
notification period required of the Secretary of Defense before
implementing revised policies concerning the assignment of women to
ground combat units or positions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change the
notification period to 30 days of continuous session of Congress.
Per diem allowance for lengthy or numerous deployments (sec. 592)
The House amendment contained a provision (sec. 590) that would
expand the scope of the report by the Secretary of Defense on the
management of individual member deployments and would require that
high-deployment per diem be paid from operations and maintenance
accounts.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees note that the Secretary of Defense, using the
authority under section 991(d) of title 10, United States Code, recently
suspended the requirement for general or flag officers to manage the
deployment of certain members and the accumulation of deployment days by
individual members. This suspension was justified, and, by delaying the
actual payment of high-deployment per diem to individual members,
provides additional time for the services to analyze its impact on
personnel and assignment policies. To ensure a smooth transition upon
termination of this suspension, the conferees urge the Secretary of
Defense to afford the services sufficient time to initiate any necessary
policy changes to optimize the efficient deployment of military
personnel.
The conferees are pleased that effective tracking systems for
individual tempo of operations are being developed in all the services
and that a robust dialogue within the Department of Defense about the
policy, based on facts, is in progress. The Commandant of the Marine
Corps and the Chief of Naval Operations, in particular, have expressed
concern about potential adverse impact on sailors and Marines who
volunteer for extended sea duty and operational deployments. The
Secretary's timely report on the administration of section 991 of title
10, United States Code, due on March 31, 2002, will be a key factor in
determining the future course of the management of deployments of
service members.
Clarification of disability severance pay computation (sec. 593)
The House amendment contained a provision (sec. 507) that would
authorize disability severance pay to be computed based on the grade to
which a member would be promoted regardless of the purpose of the
physical examination that identifies the disqualifying physical
disability.
The Senate bill contained no similar provision.
The Senate recedes.
Transportation or storage of privately owned vehicles on
change of permanent station (sec. 594)
The Senate bill contained a provision (sec. 638) that would
authorize advance payment of vehicle storage costs in commercial
facilities and payment for shipping privately owned vehicles between
permanent duty stations in the continental United States when it is more
advantageous and cost effective for the government.
The House amendment contained similar provisions (sec. 581 and 582).
The House recedes with a clarifying amendment.
Repeal of requirement for final Comptroller General report
relating to Army end strength allocations (sec. 595)
The House amendment contained a provision (sec. 585) that would
repeal the requirement for the final report by the Comptroller General
of the United States on the Total Army Analysis process.
The Senate bill contained no similar provision.
The Senate recedes.
Continued Department of Defense administration of National
Guard Challenge Program and Department of Defense STARBASE Program (sec.
596)
The House amendment contained a provision (sec. 587) that, effective
October 1, 2002, would eliminate the $62.5 million statutory limit on
Department of Defense spending for the National Guard Youth Challenge
Program, and revise the Department of Defense cost share for each
state's program from 60 percent to 75 percent.
The Senate bill contained a provision (sec. 1061) that would require
the Secretary of Defense to conduct the National Guard Challenge Program
and the STARBASE Program.
The House recedes with an amendment that would eliminate the $62.5
million statutory limit on Department of Defense spending for the
National Guard Youth Challenge Program, and provide that the Secretary
of Defense would remain the executive agent to carry out the National
Guard Challenge Program and the STARBASE Program regardless of the
source of funds for the programs or any transfer of jurisdiction over
the programs within the Executive Branch.
The conferees believe that both the Challenge and STARBASE programs
are being effectively administered by the Department of Defense, and do
not mean to suggest by the recommended amendments that either program
should be transferred from the DOD to another department of the
Executive Branch. Furthermore, the conferees believe that to effect such
a transfer would require amendments to current law. If such a transfer
were to be proposed and subsequently approved by Congress, the conferees
believe that the continuing involvement of the Secretary of Defense
would be essential to the long-term effectiveness of both programs. The
conferees intend to ensure that the Department of Defense remains
closely involved in the conduct of both the STARBASE and Challenge
programs.
Report on Defense Science Board recommendation on original
appointments in regular grades for academy graduates and certain other
new officers (sec. 597)
The House amendment contained a provision (sec. 502) that would
require that graduates of the service academies, Reserve Officer
Training Corps distinguished graduates, and distinguished graduates of
other officer commissioning programs, such as officer candidate schools,
be given an initial appointment as an officer in the Regular Army, Navy,
Marine Corps and Air Force, as long as they meet the criteria for such
appointment.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit, within six months of enactment of this
Act, a report to the Committees on Armed Services of the Senate and the
House of Representatives on the legislative and policy changes required
to implement the recommendation of the Defense Science Board that all
officers be given initial regular commissions.
Sense of Congress regarding the selection of officers for
recommendation for appointment as Commander, United States
Transportation Command (sec. 598)
The Senate bill contained a provision (sec. 903) that would have
expressed the sense of Congress that the Secretary of Defense should
give careful consideration to recommending an officer from the Army or
Marine Corps to serve as Commander, U.S. Transportation Command.
The House amendment contained no similar provision.
The House recedes with an amendment that would express the sense of
Congress that, when deciding on the next officer to be recommended for
appointment as Commander, U.S. Transportation Command, the Secretary of
Defense should not rely upon one service which has traditionally
provided officers to fill that position, but should select for such
recommendation the best qualified officer of the Army, Navy, Air Force,
or Marine Corps.
LEGISLATIVE PROVISIONS NOT ADOPTED
Acceptance of fellowships, scholarships, or grants for legal
education of officers participating in the Funded Legal Education
Program
The Senate bill contained a provision (sec. 533) that would
authorize an officer attending law school under the Funded Legal
Education Program to accept a scholarship from the law school or other
entity.
The House amendment contained no similar provision.
The Senate recedes.
Codification of requirement for regulations for delivery of
military personnel to civil authorities when charged with certain
offenses
The House amendment contained a provision (sec. 573) that would
codify the requirement for the Secretary of Defense to prescribe
regulations to provide for the delivery of a member accused by a civil
authority of parental kidnapping or a similar offense to the appropriate
civil authority for trial.
The Senate bill contained no similar provision.
The House recedes.
Expanded application of reserve special selection board
The House amendment contained a provision (sec. 512) that would
authorize the reserve special selection boards to consider officers from
below the promotion zone who were either not considered for promotion
because of administrative error, or were considered but not selected for
promotion because of material error.
The Senate bill contained no similar provision.
The House recedes.
Members of the National Guard performing funeral honors duty
while in non-federal status
The House amendment contained a provision (sec. 518) that would
specify that National Guard members when serving on funeral honors
details shall be considered members of the armed forces for the purpose
of meeting requirements for the minimum number of service members and
service affiliation on a funeral honors detail.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that section 1491(b)(2) of title 10, United
States Code, requires that a funeral honors detail for a deceased
veteran include at least two members of the armed forces, at least one
of whom is a member of the veteran's armed force. Members of the Army
National Guard of the United States and the Air National Guard of the
United States are members of the armed forces even when performing in a
state status. They can participate in a funeral honors detail in either
a state or federal status, and should be considered as one of the
required members of the armed forces.
One-year extension of expiration date for certain force
management authorities
The House amendment contained a provision (sec. 509) that would
extend through December 31, 2002, certain force drawdown transition
authorities.
The Senate bill contained no similar provision.
The House recedes.
Preparation for, participation in, and conduct of athletic
competitions by the National Guard and members of the National Guard
The House amendment contained a provision (sec. 520) that would
authorize members and units of the National Guard to conduct and compete
in qualifying athletic competitions and small arms competitions, and to
use appropriated funds and National Guard facilities and equipment in
connection with the conduct of or participation in these competitions.
The Senate bill contained no similar provision.
The House recedes.
Right of convicted accused to request sentencing by military judge
The House amendment contained a provision (sec. 572) that would
permit an accused who had been convicted by a court-martial with service
members to elect to have the sentencing phase of the trial conducted by
the military judge sitting alone, rather than by the members.
The Senate bill contained no similar provision.
The House recedes.
The conferees are aware that this issue has been submitted to the
Joint Service Committee on Military Justice for review. The conferees
direct that the Secretary of Defense report the results of this review
to the Committees on Armed Services of the Senate and the House of
Representatives no later than March 1, 2002.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
ITEMS OF SPECIAL INTEREST
Personal and family financial management programs
The conferees are concerned that the secretaries of the military
departments are not providing service members sufficient training on the
management of personal and family finances, including matters relating
to the purchase and financing of automobiles and the use of
payday-lender services. The conferees are also concerned that when
personal financial problems do occur, the secretaries are not providing
adequate supervision to ensure that service members and their families
regain financial security.
Accordingly, the conferees direct the secretaries of the military
departments to conduct a comprehensive examination of the personal
financial management programs operated within their respective
departments. The examination shall include, at a minimum: an assessment
of the severity and type of personal financial challenges confronting
service members; the magnitude of personal debt accumulated by service
members; the adequacy of training and assistance programs available to
service members; and the merits of other programs recommended to meet
the needs of service members.
The conferees further direct the Secretary of Defense to consolidate
and review the examinations conducted by the secretaries of the military
departments, identify the best practices from each examination, and
assess the need to improve and standardize the programs operated by the
secretaries of the military departments. The conferees direct the
Secretary of Defense to report the findings of his review to the
Committees on Armed Services of the Senate and the House of
Representatives by March 31, 2002.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--PAY AND ALLOWANCES
Increase in basic pay for fiscal year 2002 (sec. 601)
The Senate bill contained a provision (sec. 601) that would provide
a targeted pay raise ranging from five percent to 10 percent, effective
January 1, 2002.
The House amendment contained an identical provision (sec. 601).
The conference agreement includes this provision.
Basic pay rate for certain reserve commissioned officers with
prior service as an enlisted member or warrant officer (sec. 602)
The Senate bill contained a provision (sec. 602) that would
authorize payment at the O 1E, O 2E or O 3E rate to reserve component
commissioned officers in the pay grade of O 1, O 2, or O 3, who are not
on active duty, but have accumulated the equivalent of four years of
active duty as a warrant officer or enlisted member.
The House amendment contained a similar provision (sec. 602).
The House recedes with an amendment that would make this provision
effective on the date of enactment of this Act.
Reserve component compensation for distributed learning
activities performed as inactive-duty training (sec. 603)
The Senate bill contained a provision (sec. 603) that would
authorize compensation for members in grades E 6 and below for
distributed learning activities performed as inactive-duty training.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
compensation for members of the Selected Reserve upon successful
completion of a course of instruction using electronic-based distributed
learning technologies to accomplish training requirements related to
unit readiness or mobilization.
Subsistence allowances (sec. 604)
The Senate bill contained provisions (sec. 604 and 606) that would
define the baseline for determining future rates for basic allowance for
subsistence and clarify that only members with dependents are entitled
to payment of the supplemental subsistence allowance.
The House amendment contained a similar provision (sec. 603).
The House recedes with a clarifying amendment.
Eligibility for temporary housing allowance while in travel
or leave status between permanent duty stations (sec. 605)
The House amendment contained a provision (sec. 604) that would
require the secretaries of the military departments to pay members of
the uniformed services in pay grades below E 4 (with less than 4 years
of service) a temporary housing allowance while on travel or leave
status between permanent duty stations.
The Senate bill contained a similar provision (sec. 631).
The Senate recedes with a clarifying amendment.
Uniform allowance for officers (sec. 606)
The House amendment contained a provision (sec. 605) that would
clarify that an additional allowance of $200 for uniforms may be paid to
an officer so long as any previous allowance received did not exceed
$400.
The Senate bill contained a similar provision (sec. 607).
The Senate recedes.
Family separation allowance for members electing
unaccompanied tour by reason of health limitations of dependents (sec.
607)
The House amendment contained a provision (sec. 606) that would
require the secretaries of the military departments to pay family
separation allowance to members of the uniformed services who elect to
serve unaccompanied tours of duty because the movement of dependents of
the member to the permanent duty station is denied for certified medical
reasons.
The Senate bill contained a similar provision (sec. 636).
The Senate recedes with a clarifying amendment.
SUBTITLE B--BONUSES AND SPECIAL INCENTIVE PAYS
One-year extension of certain bonus and special pay
authorities for reserve forces (sec. 611)
The House amendment contained a provision (sec. 611) that would
extend, until December 31, 2002, the authority to pay the special pay
for critically short wartime health care specialists in the Selected
Reserve, the Selected Reserve re-enlistment bonus, the Selected Reserve
enlistment bonus, the special pay for enlisted members assigned to
certain high priority units in the Selected Reserve, the Selected
Reserve affiliation bonus, the Ready Reserve enlistment and
re-enlistment bonus, and the prior service enlistment bonus, and would
extend, until January 1, 2003, the authority for the repayment of
education loans for certain health professionals who serve in the
Selected Reserve.
The Senate bill contained a similar provision (sec. 611).
The Senate recedes.
One-year extension of certain bonus and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists (sec. 612)
The House amendment contained a provision (sec. 612) that would
extend the authority for the nurse officer candidate accession program,
the accession bonus for registered nurses, and the incentive special pay
for nurse anesthetists until December 31, 2002.
The Senate bill contained a similar provision (sec. 612).
The Senate recedes.
One-year extension of special pay and bonus authorities (sec. 613 614)
The Senate bill contained two provisions that would extend until
December 31, 2002 certain bonus and special pay authorities. The first
provision (sec. 613) would extend the authority for special pay for
nuclear-qualified officers extending their period of active service, the
nuclear career accession bonus, and the nuclear career annual incentive
bonus. The second provision (sec. 614) would extend the authority to pay
the aviation officer retention bonus, the reenlistment bonus for active
members, the bonus for enlistment for two or more years, and the
retention bonus for members with critical skills.
The House amendment contained a similar provision (sec. 613).
The House recedes with a clarifying amendment.
Hazardous duty pay for members of maritime visit, board,
search, and seizure teams (sec. 615)
The House amendment contained a provision (sec. 615) that would
authorize members of the uniformed services to be paid hazardous duty
incentive pay for duties involving regular participation as a member of
a team conducting visit, board, search, and seizure aboard vessels in
support of maritime interdiction operations.
The Senate bill contained a similar provision (sec. 615).
The Senate recedes with a clarifying amendment.
Eligibility for certain career continuation bonuses for early
commitment to remain on active duty (sec. 616)
The Senate bill contained a provision (sec. 621) that would extend
authority for payment of aviation career pay and surface warfare
continuation pay to eligible officers who, when within one year of
completing a service commitment, sign a written agreement to remain on
active duty.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Secretarial discretion in prescribing submarine duty
incentive pay rates (sec. 617)
The House amendment contained a provision (sec. 617) that would
authorize the Secretary of the Navy to prescribe the amount of submarine
duty incentive pay by grade and years of service within a maximum of
$1,000 per month.
The Senate bill contained a similar provision (sec. 616).
The Senate recedes with a clarifying amendment.
Conforming accession bonus for dental officers authority with
authorities for other special pay and bonuses (sec. 618)
The House amendment contained a provision (sec. 614) that would
extend the authority to pay accession bonuses to dental officers until
December 31, 2002.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of eligibility requirements for Individual Ready
Reserve bonus for reenlistment, enlistment, or extension of enlistment
(sec. 619)
The Senate bill contained a provision (sec. 618) that would modify
existing provisions to authorize payment of a bonus to individuals who
possess a skill that is designated as critically short to meet wartime
requirements and who agree to enlist, reenlist or voluntarily extend an
enlistment in the Individual Ready Reserve.
The House amendment contained a similar provision (sec. 618).
The House recedes with a clarifying amendment.
Installment payment authority for 15-year career status bonus (sec. 620)
The House amendment contained a provision (sec. 619) that would
authorize members of the uniformed services to elect to be paid the
15-year career status bonus in a lump sum or in annual installments.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Accession bonus for new officers in critical skills (sec. 621)
The House amendment contained a provision (sec. 620) that would
authorize the service secretaries to pay an accession bonus of up to
$100,000 to officer candidates who enter into written service agreements
to accept commissions as officers.
The Senate bill contained a similar provision (sec. 619).
The Senate recedes with a clarifying amendment that would limit the
maximum amount of the bonus to $60,000.
Education savings plan to encourage reenlistments and
extensions of service in critical specialities (sec. 622)
The Senate bill contained a provision (sec. 661) that would
authorize the Secretary of Defense to purchase U.S. savings bonds with a
face value of up to $30,000 for military personnel who have completed
specified periods of active duty and enter into a commitment to perform
at least six additional years of active duty service in a specialty
designated as critical by the Secretary.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Continuation of payment of special and incentive pay at
unreduced rates during stop loss periods (sec. 623)
The conference agreement includes a provision that would authorize
the service secretaries to permit service members involuntarily retained
on active duty under stop loss authority to continue to receive special
and incentive pays at unreduced rates.
Retroactive authorization for imminent danger pay for service
in connection with Operation Enduring Freedom (sec. 624)
The conference agreement includes a provision that would authorize
the Secretary of Defense to provide for retroactive payment of imminent
danger pay to service members who served in specified areas in
connection with Operation Enduring Freedom for duty performed between
September 19, 2001 and October 31, 2001.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Minimum per diem rate for travel and transportation allowance
for travel performed upon a change of permanent station and certain
other travel (sec. 631)
The House amendment contained a provision (sec. 631) that would
equate per diem rates for military members for travel performed in
connection with a change of permanent station and per diem rates for
official travel within the continental United States of federal civilian
employees and their dependents.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Eligibility for payment of subsistence expenses associated
with occupancy of temporary lodging incident to reporting to first
permanent duty station (sec. 632)
The House amendment contained a provision (sec. 632) that would
authorize payment of subsistence expenses to officers making their first
permanent change of station and would increase from $110 to $180 per day
the maximum amount that may be paid to members of the uniformed services
as reimbursement for temporary lodging and subsistence expenses incurred
in the United States as a result of a permanent change of station.
The Senate bill contained a similar provision (sec. 632).
The Senate recedes with a clarifying amendment.
Reimbursement of members for mandatory pet quarantine fees
for household pets (sec. 633)
The House amendment contained a provision (sec. 634) that would
authorize an increase in the amount of reimbursement for pet quarantine
fees from $275 to $675 per change of station.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would increase the amount
to $550 per change of station.
Increased weight allowance for transportation of baggage and
household effects for junior enlisted members (sec. 634)
The House amendment contained a provision (sec. 633) that would
increase the maximum weight allowance for shipment of household effects
for enlisted military members in grades E 4 and below.
The Senate bill contained no similar provision.
The Senate recedes.
Eligibility of additional members for dislocation allowance (sec. 635)
The Senate bill contained a provision (sec. 633) that would
authorize payment of a dislocation allowance to a member when the
member's dependents make an authorized move in connection with the
member's move to the first duty station. The provision would also
authorize payment of a single dislocation allowance to married service
members, where both husband and wife are members without dependents,
when both move to a new duty station and occupy government family
quarters.
The House amendment contained similar provisions (sec. 635 and 636).
The House recedes with a clarifying amendment.
Partial dislocation allowance authorized for housing moves
ordered for government convenience (sec. 636)
The House amendment contained a provision (sec. 637) that would
authorize the service secretaries to pay a $500 partial dislocation
allowance to members of the uniformed services who are ordered to occupy
or vacate government family housing to permit privatization or
renovation, or for another reason unrelated to changes in permanent
station.
The Senate bill contained a similar provision (sec. 634).
The Senate recedes with an amendment that would make this provision
effective for moves for which the order to move is issued on or after
the date of enactment of this Act.
Allowances for travel performed in connection with members
taking authorized leave between consecutive overseas tours (sec. 637)
The House amendment contained a provision (sec. 638) that would
authorize the service secretaries to designate the locations to which
members of the uniformed services may travel at government expense while
on leave between consecutive overseas tours.
The Senate bill contained no similar provision.
The Senate recedes.
Travel and transportation allowances for family members to
attend burial of a deceased member of the uniformed services (sec. 638)
The Senate bill contained a provision (sec. 635) that would
authorize allowances for family members and others to attend burial
ceremonies of deceased members of the uniformed forces who die while on
active duty or inactive duty.
The House amendment contained no similar provision.
The House recedes with an amendment that would grandfather the
benefit level authorized for surviving families of service members who
died during the Vietnam era.
Funded student travel for foreign study under an education
program approved by a United States school (sec. 639)
The Senate bill contained a provision (sec. 637) that would extend
the authority to pay funded student travel to certain dependents of
members who are stationed outside the continental United States.
The House amendment contained a similar provision (sec. 639).
The House recedes with a clarifying amendment.
SUBTITLE D--RETIREMENT AND SURVIVOR BENEFIT MATTERS
Contingent authority for concurrent receipt of military
retired pay and veterans' disability compensation and enhancement of
special compensation authority (sec. 641)
The House amendment contained a provision (sec. 641) that would
authorize members of the uniformed services who are qualified for
retirement to receive Department of Veterans Affairs disability
compensation without a reduction in retired pay if the President
proposes and the Congress enacts legislation that would offset the
``PayGo''costs of this initiative.
The Senate bill contained a provision (sec. 651) that would
authorize retired members of the armed forces who have a
service-connected-disability to receive military retired pay
concurrently with veterans' disability compensation.
The Senate recedes with an amendment that would: authorize payment
of special compensation for retirees with service-connected-disabilities
rated at 60 percent in fiscal year 2002; increase the amount of special
compensation for retirees with disabilities rated at 80 percent or
higher in fiscal year 2003; and increase the amount of special
compensation for retirees with disabilities rated at 70 percent or
higher in fiscal year 2005.
Survivor Benefit Plan annuities for surviving spouses of
members who die while on active duty and not eligible for retirement
(sec. 642)
The Senate bill contained a provision (sec. 652) that would
authorize Survivor Benefit Plan (SPB) benefits for surviving spouses of
service members who are not eligible for retirement and who die in the
line of duty while on active duty.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees are concerned about the current inconsistent practice
involving expedited approval of physical disability retirement when
death of a service member is imminent and the service member is unable
to elect SBP options. In many cases, the services authorize benefits
greater than those chosen by most retirees who elect to participate in
the Survivor Benefit Plan. The conferees direct the Secretary of Defense
to issue regulations by July 1, 2002, governing imminent death
retirements.
SUBTITLE E--OTHER MATTERS
Payment for unused leave in excess of 60 days accrued by
members of reserve components on active duty for one year or less (sec.
651)
The Senate bill contained a provision (sec. 608) that would
authorize payment for accrued leave in excess of the current limit of 60
days to certain members of the reserve components.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Additional authority to provide assistance for families of
members of the armed forces (sec. 652)
The Senate bill contained two provisions regarding assistance to
families of members of the armed forces. One provision (sec. 681) would
authorize the Secretary of Defense to provide assistance to families of
members of the armed forces serving on active duty during fiscal year
2002 in order to ensure that the children of such families obtain needed
child care and youth services. Another provision (sec. 682) would
authorize the Secretary of Defense to provide family education and
support services to families of members of the armed services to the
same extent that these services were provided during the Persian Gulf
War.
The House amendment contained no similar provision.
The House recedes with an amendment that would combine these
provisions.
The conferees' intent is to ensure that the Secretary of Defense has
authority to provide the types of family support services provided
during the Persian Gulf War.
The conferees recognize that families of deployed members may need
expanded family support services, such as crisis intervention, family
counseling, family support groups, respite care, and transportation
assistance. The conferees encourage the Secretary to expand family
support programs associated with military installations and to establish
family support centers in other communities that have large populations
of families of deployed members. In overseas areas, the Secretary is
encouraged to take all reasonable precautions to ensure the safety of
children during transportation to and from Department of Defense
schools. The conferees also encourage the Secretary to accelerate the
completion and dissemination of the High Stress Parenting Materials
currently under development through an agreement with the Department of
Agriculture.
The conferees are particularly concerned that families of National
Guard and Reserve members who are geographically separated from military
installations have services comparable to those provided at active duty
installations. These services should be available at rates comparable to
rates paid by families using military child care and youth programs.
Providing affordable child care and youth services to these families may
require cooperative agreements between the military and other government
or community-based organizations, as well as non-governmental
organizations.
Authorization of transitional compensation and commissary and
exchange benefits for dependents of commissioned officers of the Public
Health Service and the National Oceanic and Atmospheric Administration
who are separated for dependent abuse (sec. 653)
The Senate bill contained a provision (sec. 663) that would
authorize transitional benefits for the dependents of commissioned
officers of the Public Health Service and the National Oceanic and
Atmospheric Administration separated for dependent abuse.
The House amendment contained no similar provision.
The House recedes.
Transfer of entitlement to educational assistance under
Montgomery GI Bill by members of the Armed Forces with critical military
skills (sec. 654)
The Senate bill contained a provision (sec. 539) that would
authorize the service secretaries to permit certain service members with
critical military skills to transfer up to 18 months of unused basic
Montgomery GI Bill benefits to family members.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Career sea pay
The Senate bill contained a provision (sec. 617) that would ensure
receipt of career sea pay by all military members, regardless of rank,
pay grade, or accrued time in service, if they are assigned to
qualifying sea duty.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are pleased that the Navy has recently approved new
enhanced sea pay rates and prescribed career sea pay to all sailors on
sea duty, including those in pay grades E 1, E 2, and E 3. The conferees
expect advance notice of any change in policy that would exclude members
of any pay grade from receiving career sea pay who are otherwise
eligible.
Equal treatment of reservists performing inactive-duty
training for receipt of aviation career incentive pay
The House amendment contained a provision (sec. 616) that would
entitle qualified reserve aviators to be paid the full amount of monthly
Aviation Career Incentive Pay in the same amount as paid to active duty
aviators with the same number of years of aviation service.
The Senate bill contained no similar provision.
The House recedes.
Increase in basic allowance for housing in the United States
The Senate bill contained a provision (sec. 605) that would
accelerate the current five-year plan to eliminate out-of-pocket housing
expenses by two years, increasing the Basic Allowance for Housing so
that, after September 30, 2002, it would not be less than the median
cost of adequate housing for members in that grade and dependency status
in that area.
The House amendment contained no similar provision.
The Senate recedes.
The conferees believe that service members should not be required to
pay out-of-pocket a percentage of their housing costs when they are
unable to live in government quarters. The conferees support the plan to
eliminate these out-of-pocket expenses and strongly encourage the
Secretary of Defense to accelerate this plan.
TITLE VII--HEALTH CARE PROVISIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--TRICARE PROGRAM IMPROVEMENTS
Sub-acute and long-term care program reform (sec. 701)
The House amendment contained a provision (sec. 704) that would
reform the Department of Defense Program for care provided in skilled
nursing facilities or at home.
The Senate bill contained several similar provisions (sec. 701 705).
The Senate recedes with an amendment that would increase the limit
of the government's share of the cost for certain covered benefits from
$1000 to $2500 and require the use of public facilities in some
circumstances.
Prosthetics and hearing aids (sec. 702)
The Senate bill contained a provision (sec. 706) that would
authorize providing prosthetics and hearing aids to military dependents.
The House amendment contained no similar provision.
The House recedes.
Durable medical equipment (sec. 703)
The Senate bill contained a provision (sec. 707) that would expand
the kinds of durable medical equipment that can be provided to military
dependents.
The House amendment contained no similar provision.
The House recedes.
Rehabilitative therapy (sec. 704)
The Senate bill contained a provision (sec. 708) that would
authorize providing rehabilitative therapy to military dependents to
improve, restore, or maintain function, or to minimize or prevent
deterioration of function, of a patient when prescribed by a physician.
The House amendment contained no similar provision.
The House recedes.
Report on mental health benefits (sec. 705)
The Senate bill contained a provision (sec. 709) that would require
the Secretary of Defense to conduct a study to determine the adequacy of
the scope and availability of outpatient mental health benefits provided
for members of the armed forces and covered beneficiaries under the
TRICARE program.
The House amendment contained no similar provision.
The House recedes.
Clarification of eligibility for reimbursement of travel
expenses of adult accompanying patient in travel for specialty care
(sec. 706)
The Senate bill contained a provision (sec. 712) that would clarify
the eligibility for coverage of travel expenses by a parent, guardian or
family member while accompanying a covered beneficiary referred for
specialty care to be received more than 100 miles from the location of
primary care.
The House amendment contained a similar provision (sec. 705).
The House recedes.
TRICARE program limitations on payment rates for
institutional health care providers and on balance billing by
institutional and noninstitutional health care providers (sec. 707)
The Senate bill contained a provision (sec. 713) that would
reinforce and expedite reform of TRICARE payment methods. The
recommended provision would expedite adoption of Medicare's prospective
payments rates for nursing home care, outpatient services, and durable
medical equipment.
The House amendment contained a similar provision (sec. 701).
The House recedes with an amendment that would make the effective
date 90 days after the date of enactment.
Improvements in administration of the TRICARE program (sec. 708)
The House amendment contained a provision (sec. 703) that would
authorize the Secretary of Defense to enter into new contracts for
support of delivery of health care under TRICARE by providing
flexibility in the choice of contract vehicle and to reduce the
nine-month contract start-up time for certain managed care support
contractors.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment that would authorize
the flexibility in the choice for contract vehicle during the one-year
period after the date of enactment of this Act.
The current legislative restrictions pertaining to health care
contracting were the result of considerable review and oversight of the
Defense Health Program by Congress. This provision will provide the
Department of Defense the ability to employ the best contracting
practices to improve TRICARE contracts. The conferees wish to allow for
review of any proposed changes and careful evaluation prior to permanent
modification of legislation pertaining to the program, given the
significant impact on beneficiaries and potential cost implications. It
is the conferees' intent that any new contacting practices employed by
the Department under this provision ensure a smooth transition for
beneficiaries and strengthen the integration of health care delivery.
SUBTITLE B--SENIOR HEALTH CARE
Clarifications and improvements regarding the Department of
Defense Medicare-Eligible Retiree Health Care Fund (sec. 711)
The House amendment contained a provision (sec. 715) that would:
authorize all uniformed services to participate in TRICARE for Life;
clarify that funding for the accrual fund must come from funds available
for the health care programs of the participating uniformed services;
clarify that Military Treatment Facilities may receive payments from the
accrual fund; and limit the Department of Defense's annual cost
contribution to the accrual fund to an amount not to exceed expected
payments from the fund in a given year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize all
uniformed services to participate in TRICARE for Life, clarify that
funding for the accrual fund must come from funds available for the
health care programs of the participating uniformed services, and
clarify that Military Treatment Facilities may receive payments from the
accrual fund.
SUBTITLE C--STUDIES AND REPORTS
Comptroller General study of health care coverage of members
of the reserve components of the Armed Forces and the National Guard
(sec. 721)
The Senate bill contained a provision (sec. 715) that would require
the Comptroller General of the United States to conduct a study of the
health care coverage of members of the Selected Reserve and to report on
cost effective options for providing health care benefits to members of
the Selected Reserve and their families.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Comptroller General study of adequacy and quality of health
care provided to women under the Defense Health Program (sec. 722)
The Senate bill contained a provision (sec. 716) that would require
the Comptroller General of the United States to conduct a study of the
adequacy and quality of the health care provided to women under the
Defense Health Program.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the date to
May 1, 2002, by which the Comptroller General must report the results of
the study to Congress.
Repeal of obsolete report requirement (sec. 723)
The House amendment contained a provision (sec. 714) that would
repeal a reporting requirement in the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106 65; 10 U.S.C. 1074g note) by
striking subsection 701(d).
The Senate bill contained no similar provision.
The Senate recedes.
Comptroller General report on requirement to provide
screenings, physical examinations, and other care for certain members
(sec. 724)
The Senate bill contained a provision (sec. 711) that would repeal
the requirement to provide certain medical and dental services to
members of the Selected Reserve of the Army scheduled for deployment
within 75 days after mobilization.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Comptroller General to report on the advisability, need, and cost
effectiveness of providing these services.
SUBTITLE D--OTHER MATTERS
Prohibition against requiring military retirees to receive
health care solely through the Department of Defense (sec. 731)
The House amendment contained a provision (sec. 711) that would
prohibit the Secretary of Defense from implementing a policy of forced
choice enrollment by military retirees who are eligible for care in the
health care facilities and programs of both the Department of Defense
and the Department of Veterans Affairs.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Fees for trauma and other medical care provided to civilians (sec. 732)
The House amendment contained a provision (sec. 712) that would
direct the Secretary of Defense to conduct a pilot program under which
the Brooke Army Medical Center and the Wilford Hall Air Force Medical
Center in San Antonio, Texas, may charge civilians, who are not covered
TRICARE beneficiaries, fees representing the actual costs of trauma and
other medical care provided.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to implement procedures throughout the military
health care system to charge civilians who are not covered TRICARE
beneficiaries, or their insurers, fees representing the costs of trauma
and other medical care provided to those civilians.
Enhancement of medical product development (sec. 733)
The House amendment contained a provision (sec. 713) that would
authorize the Secretary of Defense to waive the prohibition against the
use of human subjects in research in order to advance research into the
treatment of combat casualties.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the research
project to directly benefit the subject and to comply with all other
applicable laws and regulations.
The conferees intend that the Secretary of Defense would be
authorized to waive the requirement for informed consent for research on
human subjects only when: (1) the subjects are in a life threatening
situation; (2) obtaining informed consent is not feasible; and (3) the
research holds out the prospect of direct benefit to the health of the
subject. Furthermore, the conferees intend that the research project and
the waiver of informed consent must comply with all other statutes and
implementing regulations governing human subjects' protection.
Pilot program providing for Department of Veterans Affairs
support in the performance of separation physical examinations (sec.
734)
The Senate bill contained a provision (sec. 717) that would
authorize the Secretary of Defense and the Secretary of Veterans Affairs
to carry out a pilot program in which the Veterans Health Administration
would conduct physical examinations of members separating from the
uniformed services.
The House amendment contained no similar provision.
The House recedes.
The conferees are aware that the Department of Veterans Affairs is
currently conducting a congressionally mandated pilot program for the
performance of the physical examinations required in connection with the
separation of members of the uniformed services, as well as other
disability evaluations.
Several software tools have been developed and implemented and
incorporated into the ongoing pilot program. These software tools have
resulted in a more streamlined, efficient and accurate disability
evaluation process. The software creates the information needed by the
Department of Defense for the separating service member and concurrently
provides the Department of Veterans Affairs with the information
required to determine compensation benefits. This eliminates the need
for a second exam and standardizes a ``one exam'' process while
automatically providing the specific information required by the
Department of Defense and the Department of Veterans Affairs on their
own unique forms.
The conferees direct that, in order to insure consistency in both
pilot programs, the Department of Veterans Affairs conduct the
separation exams for the Department of Defense utilizing the software
developed and implemented in the ongoing pilot program.
Modification of prohibition on requirement of nonavailability
statement or preauthorization (sec. 735)
The Senate bill contained a provision (sec. 718) that would
authorize the Secretary of Defense to waive the prohibition against
requiring statements of nonavailability for authorized health care
services, other than mental health services, if certain conditions are
met and both beneficiary and congressional notification occurs, with a
waiting period prior to implementation. The nonavailability requirement
applies to those beneficiaries receiving care under TRICARE Standard.
The House amendment contained a similar provision (sec. 702).
The House recedes with a clarifying amendment that would preclude
the Secretary of Defense from waiving the prohibition against requiring
nonavailability statements for maternity care.
Transitional health care for members separated from active
duty (sec. 736)
The Senate bill contained a provision (sec. 719) that would make
permanent the authority for transitional health care benefits for
members who are involuntarily separated from active duty, members of
reserve components who are separated from active duty of more than 30
days in support of a contingency operation, and members separated from
active duty when involuntarily retained on active duty under section
12305 of title 10, United States Code.
The House amendment contained no similar provision.
The House recedes.
Two-year extension of health care management demonstration
program (sec. 737)
The Senate bill contained a provision (sec. 714) that would extend,
until December 31, 2003, the demonstration program of simulation
modeling to improve health care delivery in the Defense Health Program
authorized in section 733 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
The House amendment contained no similar provision.
The House recedes.
Joint DOD VA pilot program for providing graduate medical
education and training for physicians (sec. 738)
The Senate bill contained a provision (sec. 538) that would
authorize the Secretary of Defense and the Secretary of Veterans Affairs
to jointly carry out a pilot program of graduate medical education and
training for medical personnel of the armed forces in Department of
Veterans Affairs' medical centers.
The House amendment contained no similar provision.
The House recedes with an amendment that would include the authority
to provide graduate medical education and training of physician
employees of the Department of Veterans Affairs as part of the pilot
program.
LEGISLATIVE PROVISIONS NOT ADOPTED
Effective date
The Senate bill contained a provision (sec. 710) that would make the
TRICARE Benefits Modernization provisions effective on October 1, 2001.
The House amendment contained no similar provision.
The Senate recedes.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
ITEMS OF SPECIAL INTEREST
Management reform initiatives
The Secretary of Defense has testified that the Department of
Defense (DOD) should be able to achieve five percent savings throughout
the Department through management improvements. These savings goals are
consistent with analysis presented in numerous governmental and advisory
commission reports in past years. For example, in November 2000 the
General Accounting Office (GAO) reported that ``[m]ost DOD contracting
officers included in our review did not follow the General Services
Administration's established procedures intended to ensure fair and
reasonable prices when using the Federal Supply Schedule.'' The GAO also
found, in its January 2001 assessment of performance and accountability
in the DOD, that ``a number of the Department's key business processes
are inefficient and ineffective,'' including acquisition processes that
are ``still too slow and costly'' and systems deficiencies that
``significantly contribute to improper payments.'' In addition, the DOD
Inspector General, in an August 2001 report, stated that the DOD is
``not obtaining the benefits of sustained competition and reduced
costs'' that are permitted under current law. The Business Executives
for National Security (BENS) Tail-to-Tooth Commission also stated in its
October 1997 report that ``billions continue to be wasted on inefficient
business practices.'' Based on these and other reports, and the
Secretary's commitment to improvements in this area, the conferees
believe that the Department should be able to achieve significant
savings in fiscal year 2002 through more efficient management; reform of
business processes; improved processes for the procurement of property
and services; and increased use of best business practices adopted from
the private sector.
Titles I, II and III of the conference report include reductions
totaling $1.3 billion, to be achieved through management reform
initiatives. The conferees expect the Department of Defense to achieve
these savings by implementing the requirements of Title VIII, and by
pursuing other management efficiencies developed by the Department's
Business Initiative Council. The conferees expect the Department to
distribute these reductions across budget activities and programs within
the relevant appropriations accounts, based on the dollar value of
contracts within those budget activities and programs to which
improvements may be appropriately applied.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--PROCUREMENT MANAGEMENT AND ADMINISTRATION
Management of procurement of services (sec. 801)
The Senate bill contained a provision (sec. 801) that would improve
the Department of Defense's management of the acquisition of services by
requiring the Department to: (1) Establish a management structure for
purchases of services; (2) collect and analyze data on purchases of
services; and (3) establish a program review process for major purchases
of services.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1) Ensure that the
management structure for the procurement of services shall be comparable
to the management structure already in place for the procurement of
products; (2) clarify that officials designated to exercise
responsibility for the management of the procurement of services may
delegate their authority in accordance with criteria established by the
Department; and (3) delete redundant requirements and streamline the
reporting requirements in the provision.
Savings goals for procurements of services (sec. 802)
The Senate bill contained a provision (sec. 802) that would
establish savings goals for the Department of Defense to achieve through
the use of improved management practices for procurements of services,
including performance-based services contracting; competition for task
orders under services contracts; and program review, spending analyses,
and other best practices commonly used in the commercial sector.
The House amendment contained no similar provision.
The House recedes with an amendment deleting the requirement for a
report by the Comptroller General. The conferees note that this
provision directs the Department to achieve savings through improved
management practices. It is not intended to require the Department to
reduce needed support services provided by contractors.
Competition requirement for purchase of services pursuant to
multiple award contracts (sec. 803)
The Senate bill contained a provision (sec. 803) that would require
that purchases of products and services in excess of $50,000 awarded
under a multiple award contract shall be made on a competitive basis,
subject to limited exceptions.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1) apply the
competition requirement only to purchases of services; (2) raise the
threshold for the competition requirement to $100,000; (3) require that
notice to offerors include a description of the work to be performed and
the basis on which the selection will be made; and (4) clarify the
manner in which the provision would apply to purchases pursuant to the
multiple award schedules administered by the Administrator for General
Services (GSA schedules). Under the conference agreement, notice could
be provided to fewer than all contractors under the GSA schedules,
provided that: (1) notice is provided to as many contractors as
practicable; and (2) offers are received from at least three qualified
contractors or a contracting officer of the Department of Defense
determines in writing that he or she was unable to identify additional
qualified contractors despite making a reasonable effort to do so.
Reports on maturity of technology at initiation of Major
Defense Acquisition Programs (sec. 804)
The Senate bill contained a provision (sec. 804) that would require
that critical technologies be successfully demonstrated in a relevant
environment before they may be incorporated into a major defense
acquisition program.
The House amendment contained no similar provision.
The House recedes with an amendment that would substitute an annual
report, in calendar years 2003 through 2006, on the compliance of the
Department of Defense (DOD) with the technological maturity requirement
established in DOD Instruction 5000.2. Paragraph 4.7.3.2.2.2 of that
Instruction states in relevant part:
Technology must have been demonstrated in a
relevant environment * * * or, preferably, in an operational
environment * * * to be considered mature enough to use for
product development in systems integration. If technology is
not mature, the DOD Component shall use alternative technology
that is mature and that can meet the user's needs.
The report required by the conference agreement would identify and
explain any circumstance in which the DOD fails to comply with this
requirement with regard to a Major Defense Acquisition Program.
SUBTITLE B--USE OF PREFERRED SOURCES
Applicability of competition requirements to purchases from a
required source (sec. 811)
The Senate bill contained a provision (sec. 821) that would require
Federal Prison Industries (FPI) to compete for future Department of
Defense contracts.
The House amendment contained no similar provision.
The House recedes. Under this provision, the Department of Defense,
not Federal Prison Industries, will be responsible for determining
whether Federal Prison Industries can best meet the Department's needs
in terms of price, quality, and time of delivery. If the Department
determines that the FPI product is not the best available in terms of
price, quality, and time of delivery, the Department is directed to
purchase the product on a competitive basis.
Extension of mentor-protege program (sec. 812)
The Senate bill contained a provision (sec. 823) that would codify
the pilot mentor-protege program of the Department of Defense and
authorize the program in permanent law.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the program
for three years, through September 30, 2005.
Increase of assistance limitation regarding Procurement
Technical Assistance Program (sec. 813)
The House amendment contained a provision (sec. 806) that would
increase the assistance limitation for the Procurement Technical
Assistance Program under section 2414 of title 10, United States Code
from $300,000 to $600,000.
The Senate bill contained no similar provision.
The Senate recedes. The conferees believe that the Procurement
Technical Assistance Program provides valuable support to both
state-wide and local centers across the country. The conferees expect
the Department of Defense to continue to implement the program in a
broad-based manner that supports a variety of both state-wide and local
centers.
SUBTITLE C--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND RELATED MATTERS
Amendments to conform with administrative changes in
acquisition phase and milestone terminology and to make related
adjustments in certain requirements applicable at milestone transition
points (sec. 821)
The Senate bill contained a provision (sec. 831) that would make a
series of modifications to title 10, United States Code, and related
statutes, to substitute references to the acquisition milestones
established by revised Department of Defense Instruction 5000.2 for
obsolete references currently contained in those statutes.
The House amendment contained a similar provision (sec. 801).
The House recedes with a technical amendment.
Follow-on production contracts for products developed
pursuant to prototype projects (sec. 822)
The Senate bill contained a provision (sec. 805) that would
authorize the Department of Defense to enter follow-on production
contracts for a limited number of items developed pursuant to
transactions (other than contracts, grants, or cooperative agreements)
on a sole-source basis.
The House amendment contained no similar provision.
The House recedes.
One-year extension of program applying simplified procedures
to certain commercial items (sec. 823)
The House amendment contained a provision (sec. 803) that would
extend the test program authorized by section 4202 of the Clinger-Cohen
Act of 1996 (Divisions D and E of Public Law 104 106; 110 Stat 654)
until January 1, 2004.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend the program
until January 1, 2003.
Acquisition workforce qualifications (sec. 824)
The Senate bill contained a provision (sec. 813) that would clarify
the applicability of the acquisition workforce qualifications in section
1724 of title 10, United States Code and authorize the Secretary of
Defense to establish a contracting workforce to deploy in support of
contingency operations.
The House amendment contained a similar provision (sec. 802) that
would also authorize the Secretary to establish a developmental
workforce.
The Senate recedes with an amendment that would clarify that
individuals serving in developmental positions may be separated from the
civil service if, after a three-year probationary period, they do not
meet the qualification requirements established in section 1724 for
members of the acquisition workforce.
Report on implementation of recommendations of the
Acquisition 2005 Task Force (sec. 825)
The Senate bill contained a provision (sec. 811) that would require
the Secretary of Defense to report on the implementation of the
recommendations of the Department of Defense Acquisition 2005 Task Force
included in the report entitled ``Shaping the Civilian Acquisition
Workforce of the Future.''
The House amendment contained no similar provision.
The House recedes.
SUBTITLE D--OTHER MATTERS
Identification of errors made by executive agencies in
payments to contractors and recovery of amounts erroneously paid (sec.
831)
The House amendment contained a series of provisions (sec. 811 819)
that would require executive agencies to conduct a program to recover
erroneously made payments.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the recovery
audit provisions to: (1) modify requirements for the disposition of
recovered funds; (2) delete funding requirements for the management
improvement program; and (3) delete a provision relating to liability
for violation of privacy requirements.
Codification and modification of provision of law known as
the ``Berry Amendment'' (sec. 832)
The House amendment contained a provision (sec. 805) that would
codify the requirements of the ``Berry Amendment'' enacted as section
9005 of the Department of Defense Appropriations Act, 1993 (P.L. 102
396), and modify those requirements to: (1) require advance
congressional notification of all waivers; (2) specifically include
parachutes on the list of items covered; and (3) clarify that
non-appropriated fund entities are not covered.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would codify the
requirements of the ``Berry Amendment'' and clarify that
non-appropriated fund entities are not covered. The conferees expect the
Department to comply with a reasonable notification request from the
Armed Services Committee of the Senate or the House of Representatives.
The conferees also expect the Department to ensure that no United States
manufacturer can provide the required item in a sufficient quality or
quantity before granting a waiver.
Personal services contracts to be performed by individuals or
organizations abroad (sec. 833)
The Senate bill contained a provision (sec. 1218) that would amend
section 2669 of title 22, United States Code, to authorize the Secretary
of State, upon the request of the Secretary of Defense or the head of
any other department or agency of the United States, to enter into
personal service contracts with individuals to perform services in
support of the Department of Defense or such other department or agency.
The House amendment contained a provision (sec. 804) that would
authorize the Secretary of Defense to contract with individuals or
organizations to perform services in countries with which the United
States has no Status of Forces Agreement.
The House recedes.
Requirements regarding insensitive munitions (sec. 834)
The Senate bill contained a provision (sec. 833) that would require
the Secretary of Defense to have a program ensuring that munitions are
resistant to unplanned stimuli. The provision also required a report to
Congress, submitted with the annual budget request. The report would
identify all waivers, and the reasons for such decisions, granted under
insensitive munitions regulations, as well as all funding for
insensitive munitions programs in the current budget request.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify the
requirement for the Secretary of Defense to ensure that munitions are
made as insensitive as possible to unplanned stimuli. It limits the
report on waivers granted under insensitive munitions regulations and on
associated funding to three years, from fiscal year 2003 2005.
Inapplicability of limitation to small purchases of miniature
or instrument ball or roller bearings under certain circumstances (sec.
835)
The Senate bill contained a provision (sec. 832) that would provide
certain exceptions to the requirement in section 2534 of title 10,
United States Code, to purchase ball and roller bearings from domestic
sources.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize the
Department of Defense (DOD) to make purchases of ball and roller
bearings from other than domestic sources without obtaining a waiver
under section 2534, provided that: (1) no such purchase exceeds the
micropurchase threshold of $2,500; and (2) the cumulative total of such
purchases does not exceed $200,000 in any fiscal year. The DOD would be
required to keep track of such purchases to the extent necessary to
ensure that it remains in compliance with the annual limitation.
Temporary emergency procurement authority to facilitate the
defense against terrorism or biological or chemical attack (sec. 836)
The conference agreement includes a provision that would provide
temporary emergency procurement authority to assist the Department of
Defense in the defense against terrorism and biological or chemical
attack. The provision would provide the following authorities in fiscal
years 2002 and 2003: (1) an increase of the micro-purchase threshold to
$15,000 for purchases of property and services that would facilitate the
defense against terrorism or biological or chemical attack against the
United States; (2) an increase of the simplified acquisition threshold
to $250,000 (inside the United States) and to $500,000 (outside the
United States) for contracts awarded in support of a contingency
operation or a humanitarian or peacekeeping operation; and (3) authority
to treat as commercial items any biotechnology goods and services
purchased to facilitate the defense against terrorism or biological or
chemical attack. In addition, the provision would require the Secretary
of Defense to recommend any additional emergency procurement authority
that the Secretary determines is necessary to support operations carried
out to combat terrorism.
LEGISLATIVE PROVISIONS NOT ADOPTED
Consolidation of defense contracts
The Senate bill contained a provision (sec. 822) that would prohibit
the consolidation of contract requirements in excess of $5.0 million
absent a written determination that the benefits of the acquisition
strategy, including the consolidated contract requirements,
substantially exceed the benefits of alternative contracting approaches
that would involve a lesser degree of consolidation.
The House amendment contained a provision (sec. 807) that would
require the Secretary of Defense to track consolidations of contract
requirements.
The conference report does not include either provision.
The conferees note that Section 15(p) of the Small Business Act (15
U.S.C. Section 644(p)) requires the Small Business Administration (SBA)
to maintain certain data and provide certain reports regarding bundled
contracts. This provision also states that the head of a contracting
agency shall assist the SBA by providing ``procurement information
collected through existing agency data collection sources.''
There is no requirement in Section 15(p) for the Secretary of
Defense to modify existing data collection systems. The conferees direct
the Secretary of Defense, when complying with this provision, to ensure
that the Department of Defense does not modify existing data collection
systems, create new data collection systems, or collect information not
available in existing data collection systems to collect data on the
consolidation or bundling of contract requirements.
HUBzone small business concerns
The Senate bill contained a provision (sec. 824) that would modify
requirements relating to HUBZone small business concerns.
The House amendment contained no similar provision.
The Senate recedes.
Small business procurement competition
The Senate bill contained a provision (sec. 1068) that would address
teaming arrangements among small businesses.
The House amendment contained no similar provision.
The Senate recedes.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
ITEMS OF SPECIAL INTEREST
Organizational changes to the Office of the Secretary of Defense
The conferees considered a number of legislative proposals made by
the Secretary of Defense to change the organizational structure of the
Office of the Secretary of Defense (OSD) to deal with terrorism,
homeland defense, and intelligence matters.
While the conferees acknowledge the importance of aligning
appropriate organizational resources to address these matters, the
conferees decided not to act at this time because of the lack of
specificity of the legislative requests and supporting materials,
including the insufficient explanation as to how the proposed changes
would fit into the existing statutory structure. The conferees believe
that any further changes to the organizational structure of OSD must be
made within the context of a unified and consistent framework addressing
all elements within the Office.
To that end, the conferees urge the Secretary of Defense to submit
to the Committees on Armed Services of the Senate and the House of
Representatives a comprehensive plan that would address the following
issues related to the organization of the office of the Secretary of
Defense: the number and roles of the under secretaries; the appropriate
uses of deputy under secretary and principal deputy under secretary
positions; the appropriate number and uses of assistant secretaries and
their relationship to other positions within the OSD; the consistency of
the requirement for Senate confirmation across positions; and the most
beneficial organizational structures for increasingly important
functions such as combating terrorism, homeland security, and
intelligence.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS
Deputy Under Secretary of Defense for Personnel and Readiness (sec. 901)
The Senate bill contained a provision (sec. 901) that would
establish a new position requiring Senate confirmation within the Office
of the Secretary of Defense (OSD) known as the Deputy Under Secretary of
Defense for Personnel and Readiness. The provision would also reduce the
number of assistant secretaries of defense from nine to eight.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the creation of a Deputy Under-Secretary for
Personnel and Readiness will bring the number of deputy under
secretaries within the OSD to nine, only four of which require Senate
confirmation. Further, there is no consistent organizational approach to
the responsibilities and authorities of deputy under secretaries,
assistant secretaries, and directors of programmatic offices throughout
the four under secretariats within the OSD. The conferees are concerned
with this arrangement and have urged the Secretary of Defense elsewhere
in this report to submit a comprehensive plan to the Committees on Armed
Services of the Senate and the House of Representatives on the optimal
organizational structure for the OSD.
Sense of Congress on functions of new Office of Force
Transformation in the Office of the Secretary of Defense (sec. 902)
The House amendment contained a provision (sec. 902) that would
express the sense of Congress that the Secretary of Defense should
consider the establishment of an Office of Transformation within the
Office of the Secretary of Defense to advise the Secretary on the
various aspects of force transformation and would further express the
sense of Congress that the Secretary should consider providing funding
adequate for sponsoring selective prototyping efforts, wargames, and
studies and analysis and for appropriate staffing, as recommended by the
director of such an Office of Transformation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that reflects the latest
developments in the Department of Defense, including the decision by the
Secretary of Defense to establish an Office of Transformation.
Suspension of reorganization of engineering and technical
authority policy within the Naval Sea Systems Command pending report to
congressional committees (sec. 903)
The Senate bill contained a provision (sec. 906) that would delay
the implementation of a Naval Sea Systems Command (NAVSEA)
reorganization of engineering and technical authority policy until 60
days after the Secretary of the Navy provides a report on the Navy's
plans and justification for the proposed realignment.
The House amendment contained no similar provision.
The House recedes with an amendment that would prohibit the
Secretary of the Navy from granting final approval for the
reorganization of engineering and technical authority policy within
NAVSEA until 45 days after the Secretary submits to the congressional
defense committees a report on the details of the reorganization.
SUBTITLE B--SPACE ACTIVITIES
Space Activities (secs. 911 915)
The Senate bill contained a series of provisions (sec. 911 916) that
would address concerns about the Department of Defense (DOD) management
structure for space activities. The provisions would provide the
Secretary of Defense discretionary authority to establish a new position
of Under Secretary of Defense for Space, Intelligence and Information;
would establish the duties of the position, including serving as the
Director of the National Reconnaissance Office; and would require a
report from the Secretary on the proposed organization of that office.
Upon establishment of the new Under Secretary, the provisions would
establish an additional Assistant Secretary of Defense and require that
two of the total number of assistant secretaries would have as their
principle duties supervision of activities relating to space,
intelligence, and information. Both would report to the Under Secretary
of Defense for Space, Intelligence, and Information. If the Secretary of
Defense failed to exercise the authority to establish the new Under
Secretary position, he would be required to submit a report describing
the actions he had taken to address the problems in the management and
organization of the Department of Defense for space activities that were
identified by the Commission to Assess United States National Security
Space Management and Organization (Space Commission). The provisions
would also require the Comptroller General to assess the progress of the
DOD in implementing the recommendations of the Space Commission;
designate the Air Force as the executive agent for space; require the
Secretary of Defense to designate space as a major force program;
require that the officer commanding the Air Force Space Command have the
grade of general; establish a separate space career field; and prohibit
the commander of Air Force Space Command from serving simultaneously as
the Commander-in-Chief, U.S. Space Command and the commander of the
North American Air Defense Command.
The House amendment contained a series of similar provisions (secs.
1401 1408) that would provide discretionary authority for the Secretary
of Defense to take the following actions: establish a new position of
Under Secretary of Defense for Space Information and Intelligence;
establish two new Assistant Secretaries of Defense to serve under the
new Under Secretary of Defense; assign the Secretary of the Air Force to
be the executive agent of the Department of Defense for planning and
execution of space acquisition programs, projects and activities;
establish a major force program for the space programs of the Department
of Defense; and require that the officer serving as the commander of Air
Force Space Command not serve simultaneously as the commander of the
North American Air Defense Command or the Commander-in-Chief, U. S.
Space Command. The House amendment also included provisions that: would
provide discretionary authority to the Secretary of the Air Force to
establish a separate space career field and to designate the Under
Secretary of the Air Force as the acquisition executive of the Air Force
for Department of Defense space programs; and would require an
assessment by the Comptroller General of the actions taken by the
Secretary of Defense to implement the recommendations contained in the
report of the Commission to Assess United States National Security Space
Management and Organization. The House amendment also included a
provision to clarify that nothing in the foregoing provisions changed
the responsibilities of the Director of Central Intelligence.
The conferees recognize that the importance of space programs,
projects and activities in support of military activities continues to
grow. In the interest of improving the efficiency and effectiveness of
U.S. military operations, the conferees agree to a provision (sec. 912)
that would require the Secretary of the Air Force to establish and
implement policies and procedures to develop a space career field.
The conferees agree to a provision (sec. 913) that would require the
Secretary of Defense to submit a report on steps taken to improve
management, organization and oversight of space programs, space
activities, and funding and personnel resources.
The conferees agree to a provision (sec. 911) that would require the
Secretary of Defense to take appropriate actions to ensure that space
development and acquisition programs are carried out through joint
program offices and, to the maximum extent practicable, ensure that
officers of the Army, Navy, Marine Corps, and Air Force are assigned to
and hold leadership positions in such joint program offices. This
section would also direct the Secretary to designate positions in the
Office of the National Security Space Architect as joint duty
assignments as appropriate.
The conferees have also included a provision (sec. 914) that
requires the Comptroller General to assess the actions taken by the
Secretary of Defense to implement the recommendations contained in the
Space Commission report.
The conferees also express their view in section 902 that the best
qualified officer from any service should be appointed as
Commander-in-Chief, U.S. Space Command, and that the appointee be a
four-star general or flag officer position.
Both the House and Senate provisions were motivated by a desire to
encourage the implementation of the recommendations of the Space
Commission, which concluded that the Department of Defense is not
adequately organized or focused to meet U.S. national security space
needs.
One of the central reforms recommended by the Space Commission was
the establishment of a new Under Secretary of Defense for Space,
Intelligence, and Information to provide high-level attention and
guidance to space programs. This recommendation is not included in the
provisions in this conference report primarily because the Secretary of
Defense has indicated that he is in the process of implementing the
recommendations of the Space Commission and that such a provision would
interfere with his freedom to manage the DOD. The conferees, however, do
not agree that these provisions would reduce the Secretary's freedom to
manage the Department, as the provisions were intended to provide him
additional flexibility. The conferees understand, however, that the
Secretary has stated his intent not to exercise this authority if it is
provided to him.
The conferees also note that the Secretary has stated his intent to
designate the Secretary of the Air Force as the executive agent for DOD
space programs. The conferees remain concerned that the continuing
absence of a coherent, senior-level focus for space programs within the
Office of the Secretary of Defense and the concentration of authority
and resources for space programs in the Air Force may not be sufficient
to resolve the space management and organizational challenges identified
by the Space Commission and may inadvertently be a source of new
problems. The conferees will carefully review the reports required in
sections 913 and 914 and will consider whether there is a need in the
future for additional organization and management reforms.
Noting that the Space Commission also concluded that the depth of
experience and technical expertise in space operations and technology
has suffered over the past decade, the conferees believe establishing a
space career field in the Air Force that includes development and
operation of space systems and development of space doctrine and
operational concepts is key to sustaining U.S. leadership in space. The
Chief of Staff of the Air Force recently stated that ``space * * * is a
separate culture * * * different than what airmen experience in the air
* * * We have to respect that, and we have to grow and nurture that
culture until it matures.''
The conferees are encouraged by the progress made by the Air Force
in this direction to date, but believe that the detailed planning and
implementation of a space career field must be carefully monitored. The
conferees recognize that the commander of Air Force Space Command will
be provided the resources and assigned responsibility to organize,
train, and equip for Air Force space development, acquisition and
operations. Furthermore, consistent with the implementation guidance
issued by the Secretary of Defense on October 18, 2001, the conferees
expect that the commander of Air Force Space Command will be assigned
appropriate responsibility for managing the space career field.
The conferees further understand that the Secretary of Defense has
stated his intent to establish a ``virtual major force program'' to
provide better visibility and insight into DOD funding for space
programs and activities. The conferees note that senior DOD officials
have contended that establishing a major force program (MFP) for space
programs might have serious unintended consequences, although no such
consequences have ever been described. The conferees recognize, however,
that a virtual MFP--the designation of funding for space programs and
activities without formally creating a space MFP--could represent a more
flexible approach. Therefore, the conferees expect the virtual MFP for
space to be included in the Future Years Defense Program submitted with
the 2003 fiscal year budget request.
The conferees, in section 912 of this bill, provided sufficient
flexibility in general officer limits to ensure that the commander of
Air Force Space Command will serve in the grade of general. The
conferees also believe that the officer in this position should not
serve concurrently as commander of the North American Air Defense
Command or as Commander-in-Chief, U.S. Space Command. The conferees
understand that the Secretary intends to implement these Space
Commission recommendations and will continue to monitor the Department's
actions in these matters.
SUBTITLE C--REPORTS
Revised requirement for Chairman of the Joint Chiefs of Staff
to advise Secretary of Defense on the assignment of roles and missions
to the armed forces (sec. 921)
The House amendment contained a provision (sec. 904) that would
repeal the requirement contained in section 153(b) of title 10, United
States Code, for the Chairman of the Joint Chiefs of Staff to submit a
review of the assignment of roles and missions of the armed forces to
the Secretary of Defense every three years. The provision would also
amend section 118 of title 10, United States Code, to require the
Chairman to conduct such a review as part of the Quadrennial Defense
Review (QDR) process and that the results of that review be included in
the Chairman's assessment of the QDR that is submitted to Congress.
The Senate bill contained a similar provision (sec. 1023).
The Senate recedes with an amendment that also requires the Chairman
of the Joint Chiefs of Staff to submit to Congress no later than one
year after the date of the enactment of this Act a separate assessment
of the assignment of roles and missions of the armed forces based upon
the findings in the 2001 QDR issued by the Secretary of Defense on
September 30, 2001.
Revised requirements for content of annual report on joint
warfighting experimentation (sec. 922)
The Senate bill contained a provision (sec. 905) that would amend
section 485 of title 10, United States Code, to clarify some of the
contents of the annual joint warfighting report and require the
inclusion of a specific assessment of whether there is a need for a
major force program, or some other resource mechanism, for funding joint
experimentation and for funding the rapid development and acquisition of
uniquely joint warfighting technologies that have been empirically
demonstrated through such experimentation.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Repeal of requirement for one of three remaining required
reports on activities of Joint Requirements Oversight Council (sec. 923)
The House amendment contained a provision (sec. 905) that would
repeal section 916 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 that requires the Chairman of the Joint Chiefs
of Staff to submit a semi-annual report to the Committees on Armed
Services of the Senate and House of Representatives on specific
activities of the Joint Requirements Oversight Council through March 1,
2003.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that repeals the requirement
for one of the three remaining reports and provides for the March 1,
2003 report to cover all of the preceding fiscal year.
Revised joint report on establishment of national
collaborative information analysis capability (sec. 924)
The House amendment contained a provision (sec. 903) that would
require the Secretary of Defense and the Director of Central
Intelligence to submit a revised report assessing alternatives for the
establishment of a national collaborative information analysis
capability. The provision would direct that the revised report focus on
only the range of architecture alternatives that would involve the
participation of all federal agencies involved in the collection of
intelligence.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require that the
report identify legislative or regulatory changes that would be needed
in order to implement the preferred architecture in the report.
The conferees note that the original provision in the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 included
direction that the architectures contemplated for the original report,
and, by reference, this revised report, should be consistent with
requirements of the Privacy Act of 1974, as amended.
SUBTITLE D--OTHER MATTERS
Conforming amendments relating to change of name of Military
Airlift Command to Air Mobility Command (sec. 931)
The Senate bill contained a provision (sec. 907) that would change
references in the United States Code to the former Military Airlift
Command to refer to the command by its current designation as the Air
Mobility Command.
The House amendment contained a similar provision (sec. 906).
The House recedes with an amendment that would clarify that the
changes would be made to current references to the Military Airlift
Command.
Organizational realignment for Navy Director for
Expeditionary Warfare (sec. 932)
The House amendment contained a provision (sec. 907) that would
amend section 5038(a) of title 10, United States Code, with respect to
the specific office of the Deputy Chief of Naval Operations within which
the Director for Expeditionary Warfare shall be located.
The Senate bill contained a similar provision (sec. 904).
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Reductions in acquisition and support workforce
The Senate bill contained a provision (sec. 812) that would
establish a moratorium on further cuts in the acquisition workforce for
three years.
The House amendment contained a provision (sec. 901) that would
mandate a reduction of 13,000 in the acquisition workforce in fiscal
year 2002.
The conference agreement does not include either provision.
Responsibility of the Under Secretary of the Air Force for
acquisition of space launch vehicles and space launch services
The Senate bill contained a provision (sec. 902) that would assign
responsibility for the acquisition of space launch vehicles and space
launch services for the Department of Defense and the National
Reconnaissance Office (NRO) to the Under Secretary of the Air Force.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the Air Force has managed and contracted for
the acquisition of space launch vehicles and services for both the Air
Force and the NRO. This arrangement has allowed the Air Force to achieve
cost savings and efficiencies of scale for both organizations. The
conferees continue to oppose proposals that would require the NRO to
manage and contract for its own launch vehicles and services.
TITLE X--GENERAL PROVISIONS
Counter-Drug Activities
The budget request for drug interdiction and other counter-drug
activities of the Department of Defense (DOD) for fiscal year 2002
totaled approximately $1.0 billion: $820.4 million in the central
transfer account; $166.8 million in the operating budgets of the
military services for authorized counter-drug operations; and $12.5
million in the military construction account for infrastructure
improvements at the forward operating locations.
The conferees recommend the following fiscal year 2002 budget for
the Department's central transfer account.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, CENTRAL TRANSFER ACCOUNT
[In millions of dollars; may not add due to rounding]
Fiscal Year 2002 Counter-drug Request $820.381
Increases:
National Guard Support
16.0 18
Operation Caper Focus
4.0 18
Southwest Border Fence
5.0 18
Decreases:
AWACs Tactical Operations Support
2.5 18
Counter-drug Tanker Operations Support
1.0 18
2 Support
1.0 18
Peru Riverine Program
5.0 18
Tracker Aircraft
2.0 18
Research, Development, Test & Evaluation
4.0 18
Patrol Coastals
1.5 18
Tethered Aerostat Radar System
8.0 18
Fiscal Year 2002 Counter-drug Funding 820.381
National Guard counter-drug activities
The conferees agree to authorize an additional $16.0 million for the
counter-drug activities of the National Guard, including National Guard
State Plans and the National Guard Counter-drug Schools.
Operation Caper Focus
The conferees also agree to authorize an additional $4.0 million for
Operation Caper Focus, an important initiative to disrupt narcotics
trafficking in the Eastern Pacific. To the extent that assets become
available, the conferees expect the Secretary of Defense to make them
available for Operation Caper Focus.
Tethered Aerostat Radar System
The conferees direct that a higher priority be given to operational
availability of the Tethered Aerostat Radar System than to its
modernization.
ITEMS OF SPECIAL INTEREST
Automobile Safety Program
The conferees are concerned with the number of deaths and serious
injuries to military service members and Department of Defense civilian
employees due to automobile collisions and strongly support innovative
safety programs designed to eliminate these accidents. The conferees
understand that an automobile safety program recently conducted at Fort
Polk, Louisiana is proving to be a sound and successful attempt at
accident reduction. The conferees recommend that the Secretary of
Defense consider an expansion of the program to assist in achieving the
Department's safe driving goals.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--FINANCIAL MATTERS
Transfer authority (sec. 1001)
The Senate bill contained a provision (sec. 1001) that would provide
the reprogramming authority for the transfer of authorized funds made
available in Division A of this Act.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Incorporation of classified annex (sec. 1002)
The House amendment contained a provision (sec. 1002) that would
incorporate the classified annex prepared by the Committee on Armed
Services into this Act.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would provide
that the classified annex prepared by the committee of conference be
incorporated into this Act.
Authorization of supplemental appropriations for fiscal year
2001 (sec. 1003)
The Senate bill contained a provision (sec. 1003) that would
authorize the supplemental appropriations enacted in the Supplemental
Appropriations Act, 2001 (Public Law 107 20) which provided supplemental
funding for Department of Defense programs including increased health
care costs, operating expenses, and utility costs.
The House amendment contained no similar provision.
The House recedes.
United States contribution to NATO common-funded budgets in
fiscal year 2002 (sec. 1004)
The Senate bill contained a provision (sec. 1004) that would
authorize the U.S. contribution to NATO common-funded budgets for fiscal
year 2002, including the use of unexpended balances. The resolution of
ratification for the Protocol to the North Atlantic Treaty of 1949 on
the Accession of Poland, Hungary and the Czech Republic contained a
provision (section 3(2)(c)(ii)) requiring a specific authorization for
U.S. payments to the common-funded budgets of NATO for each fiscal year,
beginning in fiscal year 1989, that payments exceed the fiscal year 1998
total.
The House amendment contained no similar provision.
The House recedes.
Limitation on funds for Bosnia and Kosovo Peacekeeping
Operations for fiscal year 2002 (sec. 1005)
The House amendment contained a provision (sec. 1003) that would
limit the amount of funds authorized to be appropriated for incremental
costs of the armed forces for peacekeeping operations in Bosnia and
Kosovo in fiscal year 2002 to the amounts contained in the budget
request: $1,315.6 million for Bosnia and $1,528.6 million for Kosovo.
The provision would authorize the President to waive the limitation
after submitting to Congress: (1) a written certification that the
waiver is necessary in the national security interests of the United
States and that the exercise of the waiver will not adversely affect the
readiness of U.S. military forces; (2) a report setting forth the
reasons for the waiver, to include a discussion of the impact of U.S.
military involvement in Balkan peacekeeping operations on U.S. military
readiness; and (3) a supplemental appropriations request for the
Department of Defense for the additional fiscal year 2002 costs
associated with U.S. military participation in or support for
peacekeeping operations in Bosnia and Kosovo.
The Senate bill contained no similar provision.
The Senate recedes.
Maximum amount for National Foreign Intelligence Program (sec. 1006)
The conferees agree to include a provision that would establish a
ceiling for authorization for the National Foreign Intelligence Program
(NFIP) equal to the amounts requested by the President in the budget
request for fiscal year 2002. The provision would allow this ceiling to
be increased by any amounts provided for the NFIP in the Emergency
Terrorism Response Supplemental Appropriations Act, 2001, and any fiscal
year 2002 supplemental appropriations bills.
Clarification of applicability of interest penalties for late
payment of interim payments due under contracts for services (sec. 1007)
The Senate bill contained a provision (sec. 1005) that would clarify
the effective date of section 1010 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001.
The House amendment contained no similar provision.
The House recedes.
Reliability of Department of Defense financial statements (sec. 1008)
The Senate bill contained a provision (sec. 1006) that would direct
the Department of Defense (DOD) to identify in advance financial
statements that will be unreliable because of the Department's flawed
finance and accounting systems, and to minimize the resources that are
used to prepare and audit these statements.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify that the
Comptroller of the Department of Defense is authorized to make the
determination which statements will be unreliable, and adjust the
deadline for making such a determination.
Financial Management Modernization Executive Committee and
financial feeder systems compliance process (sec. 1009)
The Senate bill contained a provision (sec. 1007) that would require
the Department of Defense to establish an oversight council and a
management process for implementing changes identified in the
congressionally-mandated financial management improvement plans.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Authorization of funds for ballistic missile defense programs
or combating terrorism programs of the Department of Defense (sec. 1010)
The Senate bill contained a provision (sec. 1009) that would
authorize $1.3 billion, the amount by which the Senate bill reduced
funding for ballistic missile defense programs, for whichever of the
following purposes the President determines to be in the national
security interests of the United States:
(1) research, development, test and evaluation of ballistic missile
defense programs; and
(2) activities for combating terrorism.
The House amendment contained a comparable provision (sec. 1501)
that would increase by $400.0 million the funding for the following
activities to combat terrorism: intelligence programs, anti-terrorism
initiatives, counter-terrorism initiatives, and consequence management
activities. The provision included transfer authority and provided
offsetting reductions of $265.0 million for ballistic missile defense
activities, and $135.0 million for consulting services in the
Defense-Wide operation and maintenance account.
The House amendment also contained a provision (sec. 1502) that
would require that funds transferred under the authority of section 1501
be merged with and available for the same period of time as the
appropriations to which transferred.
The House recedes with an amendment that would authorize the $1.3
billion for whichever of the following purposes the President determines
to be in the national security interests of the United States:
(1) research, development, test and evaluation of ballistic missile
defense programs of the Ballistic Missile Defense Organization; and
(2) activities of the Department of Defense for combating terrorism.
The amendment would also require the Secretary of Defense to report
to the congressional defense committees on the allocation of the funds
pursuant to the President's determination.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Authority to transfer naval vessels to certain foreign
countries (sec. 1011)
The Senate bill contained a provision (sec. 1216) that would
transfer to various countries:
(1) on a grant basis, one Oliver Hazard Perry -class frigate and six
Knox -class frigates; and
(2) on a sale basis, four Kidd -class destroyers and two Oliver
Hazard Perry -class frigates.
The provision would direct that, to the maximum extent practicable,
the President shall require, as a condition of transfer, that repair and
refurbishment associated with the transfer be accomplished in a shipyard
located in the United States.
The authority under this provision would expire at the end of the
two-year period that begins on the date of enactment of the National
Defense Authorization Act for Fiscal Year 2002.
The House amendment contained no similar provision.
The House recedes with an amendment that would provide authority for
the President to waive lease payments for up to one year for vessel
transfers that:
(1) would be converted, under the provisions of this Act, from a
lease to a grant; and
(2) are among the grant transfers approved in this Act.
Sale of Glomar Explorer to the lessee (sec. 1012)
The Senate bill and the House amendment did not contain any
provision relating to the current lease arrangement for the vessel
Glomar Explorer.
The conferees agree to include a provision that would authorize the
Secretary of the Navy, at his discretion, to sell the Glomar Explorer
(AG 193) to the current lessee. Any such sale would have to be based on
a price that represents a fair and reasonable amount, as determined by
the Secretary.
Leasing of Navy ships for University National Oceanographic
Laboratory System (sec. 1013)
The Senate bill contained a provision (sec. 1067) that would modify
section 2667, title 10, United States Code to allow the Navy to renew
the five-year leases for certain Navy research vessels without
recompeting them, as long as the initial lease was awarded
competitively.
The House amendment contained a similar provision (sec. 1047).
The conference agreement includes this provision.
Increase in limitations on administrative authority of the
Navy to settle admiralty claims (sec. 1014)
The House amendment contained a provision (sec. 1004) that would
increase the administrative authority of the Navy to settle admiralty
claims.
The Senate bill contained no similar provision.
The Senate recedes.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Extension and restatement of authority to provide Department
of Defense support for counter-drug activities of other governmental
agencies (sec. 1021)
The Senate bill contained a provision (sec. 331) that would codify
section 1004 of the National Defense Authorization Act for Fiscal Year
1991, as amended, in title 10, United States Code.
The House amendment contained no similar provision.
The House recedes with an amendment that restates section 1004 but
does not codify it, makes it effective during fiscal years 2002 through
2006, and makes several technical changes.
Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug activities (sec.
1022)
The House amendment contained a provision (sec. 1021) that would
extend for an additional year the requirement in the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 that the
Secretary of Defense report to the congressional defense committees
detailing the expenditure of funds in direct or indirect support of the
counter-drug activities of foreign governments.
The Senate bill contained no similar provisions.
The Senate recedes.
Authority to transfer Tracker aircraft currently used by
Armed Forces for counter-drug purposes (sec. 1023)
The House amendment contained a provision (sec. 1022) that would
authorize the Secretary of Defense to transfer all Tracker aircraft in
the inventory of the Department of Defense to the administrative
jurisdiction and operational control of another federal agency. The
provision also provided that any Tracker aircraft remaining in the
inventory of the Department of Defense after September 30, 2002 may not
be used by the armed forces for counter-drug purposes after that date.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on use of funds for operation of Tethered Aerostat
Radar System pending submission of required report (sec. 1024)
The House amendment contained a provision (sec. 1023) that would
authorize the Secretary of Defense to transfer to the administrative
jurisdiction and operational control of another federal agency the
Tethered Aerostat Radar System (TARS) currently used by the armed forces
in counter-drug detection and monitoring. The provision also provided
that if the TARS is not transferred by September 30, 2002, it may not be
used by the armed forces for counter-drug purposes after that date.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that provides that not more
than 50 percent of the funds available for fiscal year 2002 for
operation of the TARS may be obligated or expended until such time as
the Secretary of Defense submits to Congress the report on the status of
the TARS required to be submitted by the Secretary, in consultation with
the Secretary of the Treasury, by the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001. The conferees direct that the
report contain a new review of the requirements of the Department of
Defense and the Department of the Treasury, including the U.S. Customs
Service, and a new assessment of the value of the TARS in the conduct of
counter-drug detection and monitoring and border security and air
sovereignty operations in light of the changed circumstances in the
aftermath of the September 11, 2001 terrorist attacks.
SUBTITLE D--STRATEGIC FORCES
Repeal of limitation on retirement or dismantlement of
strategic nuclear delivery systems (sec. 1031)
The Senate bill contained a provision (sec. 1011) that would repeal
section 1302 of the National Defense Authorization Act for Fiscal Year
1998, which prohibits the obligation or expenditure of funds to retire
or prepare to retire certain strategic nuclear delivery systems until
the START II Treaty enters into force.
The House amendment contained a similar provision (sec. 1043) that
would amend section 1302 to allow the retirement of Peacekeeper
Intercontinental Ballistic Missiles.
The House recedes.
Air Force bomber force structure (sec. 1032)
The Senate bill contained a provision (sec. 1012) that would prevent
the Department of Defense from retiring or dismantling any of the 93 B
1B Lancer bombers in the Air National Guard, or from transferring or
reassigning any of those aircraft, until 30 days after delivery of a
series of reports to the Armed Services Committees of the Senate and
House of Representatives, including: (1) the national security strategy;
(2) the Quadrennial Defense Review; (3) a report detailing the analysis
for any consolidation and force structure reduction, along with
Department plans for the National Guard units currently flying B 1B
bombers; and (4) the revised Nuclear Posture Review. The provision would
also require the Comptroller General to conduct a study and submit a
Government Accounting Office (GAO) report on the proposed consolidation
and force structure reduction by January 31, 2002.
The House amendment contained a similar provision (sec. 1045) that
would differ from the Senate position only in that the GAO report would
not be due until 180 days after the Department's report of analysis of
the consolidation and force structure reduction.
The conferees agree to a provision that would greatly streamline the
reporting requirements. The provision would prevent the obligation of
funds for retiring, dismantling, transferring, or reassigning any of the
93 B 1B bombers until 15 days after the Secretary of the Air Force
submits a report that provides details of the proposed consolidation,
force structure reduction, and plans for affected National Guard units.
This provision is not intended in any way to prevent the initiation of
planning activities for the execution of this plan.
Additional element for revised nuclear posture review (sec. 1033)
The Senate bill contained a provision (sec. 1013) that would amend
section 1041 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 by adding a new element to the nuclear posture
review. The new element would direct the Secretary of Defense to look at
the possibility of deactivating or dealerting nuclear warheads or
delivery systems.
The House amendment contained no similar provision.
The House recedes.
The conferees are aware that the concepts of dealerting and early
deactivation of nuclear weapons and systems have been the subject of
debate and discussion, and that there are a range of views with respect
to these critical issues. By adding this additional requirement to the
Nuclear Posture Review (NPR), the conferees wish to have the benefit of
a careful and thorough review of these concepts in the broader context
of the NPR. Inclusion of this additional element is not intended by the
conferees to presuppose the outcome of this review.
Report on options for modernization and enhancement of
missile wing helicopter support (sec. 1034)
The Senate bill contained a provision (sec. 1073) that would require
the Secretary of Defense to submit a report, with submission of the
fiscal year 2003 budget request, that would provide information on the
Secretary's preferred option for furnishing helicopter support for the
Air Force intercontinental ballistic missile wings. The provision
included certain options that should be considered, allowed additional
options to be considered, and included factors that should be considered
in the review process.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify that the
report must be submitted not later than the date of the submission of
the fiscal year 2003 budget request.
SUBTITLE E--OTHER DEPARTMENT OF DEFENSE PROVISIONS
Secretary of Defense recommendation on need for Department of
Defense review of proposed federal agency actions to consider possible
impact on national defense (sec. 1041)
The House amendment contained a provision (sec. 312) that would
require the Secretary of Defense to include a national security impact
statement in each environmental impact statement or environmental
assessment prepared in connection with a Department of Defense action.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit to the President the Secretary's
recommendation as to whether there should be established within the
Executive Branch a defense impact review process and to submit a copy of
that recommendation to Congress. For the purposes of this section, a
defense impact review process means a process that provides for review
of certain proposed actions of other federal agencies to identify any
reasonably foreseeable significant adverse impact of such a proposed
action on national defense.
Department of Defense reports to Congress to be accompanied
by electronic version upon request (sec. 1042)
The House amendment contained a provision (sec. 1031) that would
require that the Department of Defense submit copies of reports to
Congress in an electronic medium.
The Senate bill contained no similar provision.
The Senate recedes with an amendment providing that the Department
must provide electronic reports only upon request.
Department of Defense gift authorities (sec. 1043)
The House amendment contained a provision (sec. 1041) that would
clarify items that may be loaned or given under section 7545 of title
10, United States Code. The House amendment also contained a provision
(sec. 354) addressing the entities to which such items may be loaned or
given.
The Senate bill contained no similar provision.
The Senate recedes with an amendment combining the two provisions.
Acceleration of research, development, and production of
medical countermeasures for defense against biological warfare agents
(sec. 1044)
The Senate bill contained a provision (sec. 1025) that would
authorize the Secretary of Defense, subject to the availability of
authorized and appropriated funds for such purpose, to design, construct
and operate on an installation of the Department of Defense a
government-owned, contractor-operated (GOCO) vaccine production
facility. The provision would also require the Secretary of Defense to
develop a long-range plan for the production and acquisition of vaccines
to defend against biological warfare agents, including an evaluation of
vaccine production options, and to report to the congressional defense
committees on that plan by February 1, 2002.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to carry out an accelerated program of research, development
and production of medical countermeasures to defend against the highest
threat biological warfare agents. In order to accomplish this objective,
the conferees believe that the Department of Defense should invest in
multiple new technologies for the prevention and treatment of anthrax
and should take advantage of ideas and candidate technologies from the
bio-tech industry. The conferees believe that the Department should
consider the following approaches in this effort: understanding the
germination process of anthrax spores and the means to inhibit this
process; identifying the molecular behavior of the anthrax toxin and the
means to intervene against it at the cellular level; investigating
recombinant protein antigens and formulating new vaccines, including
multivalent vaccines that may be effective against multiple strains of
pathogens; investigating technologies to be used as an adjunct to
antibiotic treatment that may be more effective in clearing pathogens
from circulation; and determining potential means for optimizing and
extending immunity in humans.
The amendment would also require a study by the National Research
Council and the Institute of Medicine of the review and approval process
for such medical countermeasures. Finally, the amendment would provide
discretion for the Defense Department to use up to $10.0 million of
available research and development funds for the accelerated program.
The conferees note the importance to the Department of Defense of
producing and acquiring products needed to prevent or mitigate the
physiological effects of exposure to biological warfare agents,
including vaccines, decontamination capabilities and therapeutic
treatments. The Department of Defense has made significant progress in
this area, as indicated in the July 2001 Annual Report to Congress on
the Department of Defense Chemical and Biological Defense Program.
However, the conferees believe that more needs to be done to ensure
the development and acquisition of needed products, including the
transition of developmental items through the review and approval
process, particularly vaccines and drugs. The conferees urge the
Department to expand its efforts to acquire new technologies and
products to defend against biological warfare agents.
Chemical and biological protective equipment for military
personnel and civilian employees of the Department of Defense (sec.
1045)
The Senate bill contained a provision (sec. 1069) that would require
a report on the requirements of the Department of Defense regarding
chemical and biological protective equipment for military personnel and
civilian employees of the Department. The provision would also express
the sense of Congress on possible sources of funding for such equipment.
The House amendment contained no similar provision.
The House recedes with an amendment that would include an assessment
of an appropriate level of protection for civilian employees of the
Department of Defense against chemical and biological attack, and would
eliminate the proposed sense of Congress.
Sale of goods and services by Naval Magazine, Indian Island,
Alaska (sec. 1046)
The Senate bill contained a provision (sec. 1070) that would allow
the Secretary of the Navy to sell, on a reimbursable basis, goods and
services from Naval Magazine, Indian Island, that are not available from
other commercial sources.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Report on procedures and guidelines for embarkation of
civilian guests on naval vessels for public affairs purposes (sec. 1047)
The Senate bill contained a provision (sec. 1072) that would require
the Secretary of the Navy to submit a plan to Congress to ensure that
the embarkation of civilian guests for the purpose of furthering public
awareness of the Navy and its mission does not interfere with the
operational readiness and safe operation of Navy vessels. The plan would
cover a number of specific areas.
The House amendment contained no similar provision.
The House recedes with an amendment that requires the Secretary of
the Navy to submit a report to the Committees on Armed Services of the
Senate and the House of Representatives setting forth the procedures and
guidelines of the Navy for the embarkation of civilian guests on naval
vessels for public affairs purposes and that modifies the specific areas
to be covered in the report.
Technical and clerical amendments (sec. 1048)
The House amendment contained a provision (sec. 1046) making
technical and clerical amendments to title 10, United States Code, and
related statutes.
The Senate bill contained no similar provision.
The Senate recedes.
Termination of referendum requirement regarding continuation
of military training on the island of Vieques, Puerto Rico, and
imposition of additional conditions on closure of training range (sec.
1049)
The House amendment contained a provision (sec. 1042) that would
repeal the provisions contained in Title XV of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 that would
require a referendum on the continuation of military training on Vieques
and authorize additional economic assistance for Vieques in the event
continued training was approved by such referendum. The House amendment
would specify that the Secretary of the Navy could close the Vieques
range only if the Chief of Naval Operations and the Commandant of the
Marine Corps jointly certified that an alternative training facility was
available that provided an equivalent or superior level of training at a
single location.
The House amendment would also revise the provisions of that Act
transferring jurisdiction of the training range and other lands on the
eastern end of Vieques to the Secretary of the Interior if training
operations on Vieques were terminated, and would instead require that
the land be retained by the Secretary of the Navy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would give the Secretary
of the Navy the authority to close the Vieques Naval Training Range if
the Secretary certifies to the President and Congress that an
alternative training facility or facilities that provide equivalent or
superior training exist and are available. The Secretary's certification
would take into account the views and recommendations of the Chief of
Naval Operations and the Commandant of the Marine Corps. If the
Secretary terminates training operations on Vieques, the lands on the
eastern end of the island would be transferred to the jurisdiction of
the Secretary of the Interior.
The conferees note the views of the administration on this matter,
as stated in a letter from the Deputy Secretary of Defense on November
29, 2001:
Consistent with the commitments made by both the
President and Secretary England, the Navy remains committed to
identifying a suitable alternative and is planning to
discontinue training operations on the island of Vieques in
May of 2003, contingent upon the identification and
establishment of a suitable alternative. However, until a
suitable alternative is established, Vieques remains an
important element in the training of our forces deploying to
fight the war.
SUBTITLE F--OTHER MATTERS
Assistance for firefighters (sec. 1061)
The Senate bill contained a provision (sec. 1071) that would
increase the authorization of appropriations for federal grants to state
or local firefighters in section 33 of the Federal Fire Prevention and
Control Act of 1974, as added by title XVII of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, from $300.0
million to $600.0 million in fiscal year 2002, and would extend and
increase the authorizations to $800.0 million in fiscal year 2003 and
$1.0 billion in fiscal year 2004.
The House amendment contained a provision (sec. 1049) that would
name the program after the late Floyd D. Spence and would state the
sense of Congress that the grant program should be reauthorized at
increased funding levels.
The House recedes with an amendment that would increase the
authorization of appropriations for these grants to $900.0 million per
year for fiscal years 2002, 2003 and 2004, clarify that grants under
this program would be available for training and equipment to respond to
terrorism or the use of weapons of mass destruction, and specify that up
to three percent of the funds authorized for these grants could be used
for administration of the grant program by the Federal Emergency
Management Agency.
Extension of times for Commission on the Future of the United
States Aerospace Industry to report and to terminate (sec. 1062)
The Senate bill contained a provision (sec. 1026) that would ensure
that the Commission on the Future of the United States Aerospace
Industry has a full year to carry out its work and to allow the
commission 60 rather than 30 days to archive documents and complete
other activities after the submission of its final report.
The House amendment contained a similar provision (sec. 1054).
The Senate recedes with a technical amendment.
Appropriations to Radiation Exposure Compensation Trust Fund (sec. 1063)
The Senate bill contained a provision (sec. 1066) that would amend
the Radiation Exposure Compensation Act to make mandatory appropriations
for fiscal years 2002 through 2011.
The House amendment contained no similar provision.
The House recedes.
Waiver of vehicle weight limits during periods of national
emergency (sec. 1064)
The Senate bill contained a provision (sec. 1076) that would
authorize the Secretary of Transportation, in consultation with the
Secretary of Defense, to waive certain vehicle weight limits on
specified portions of the Interstate highway system during a period of
national emergency.
The House amendment contained no similar provision.
The House recedes.
Repair, restoration, and preservation of Lafayette Escadrille
Memorial, Marnes-la-Coquette, France (sec. 1065)
The Senate bill contained a provision (sec. 333) that would
authorize the Secretary of the Air Force to make a grant to the
Lafayette Escadrille Memorial Foundation, Inc. of up to $2.0 million for
repair, restoration, and preservation of the Lafayette Escadrille
Memorial.
The House amendment contained a similar provision (sec. 1048) that
contained findings regarding the volunteer aviators who fought with the
Lafayette Escadrille during World War I and the state of the memorial,
and that would express the sense of Congress that funds should be
provided to restore the memorial.
The House recedes with an amendment that would authorize the
Secretary of the Air Force to make the grant after he submits a report
on the contributions to the restoration made by the government of
France. The conferees also agree to require an annual report on the use
of the grant funds, to require that the Foundation make their records
available for audit by the Air Force and the General Accounting Office,
and to require an engineering analysis of and report on the cost of
fully restoring the memorial. The additional cost of the engineering
analysis is not intended to reduce the amount of the grant to the
Foundation. The cost of both the grant and the engineering analysis
would be funded from the operation and maintenance account of the Air
Force.
The conferees do not intend this provision to establish a precedent
for federal funding of privately operated memorials.
LEGISLATIVE PROVISIONS NOT ADOPTED
Action to promote national defense features program
The House amendment contained a provision (sec. 1053) that would
direct the Secretary of Defense to certify to the Federal Maritime
Commission restrictive trade practices for cases in which vessels built,
or to be built, under the National Defense Features (NDF) program are
involved.
The Senate bill contained no similar provision.
The House recedes.
The conferees agree the NDF program has the potential to provide
incentive for construction of commercial ships in the U.S.
The strategic sealift NDF program provides compensation for
commercial ships that have Defense Department unique alterations
required for carrying defense cargo. The program was intended to reduce
the requirement for government-owned ships by supplementing them, when
required, with commercial shipping capable of carrying Defense
Department unique cargo such as tanks, heavy vehicles, and ammunition.
The NDF program can only be successful if commercial ship owners
decide to build ships in U.S. shipyards based on the potential for
successful operations when not involved in defense department
operations.
Although it is not the responsibility of the Secretary of Defense to
monitor commercial shipping trade issues, it is within the purview of
the Secretary to assess and report to Congress on the Defense
Department's ability to provide the required strategic sealift.
Thus, the Secretary is directed to notify Congress when he
determines that a strategic sealift deficiency exists, and measures to
correct such a deficiency are not being undertaken because of the
unwillingness of commercial ship owners to participate in the NDF
program.
Assignment of members to assist border patrol and control
The House amendment contained a provision (sec. 1024) that would
authorize the use of military personnel to assist the Immigration and
Naturalization Service and the Customs Service in preventing the entry
of terrorists, drug traffickers, weapons of mass destruction, illegal
narcotics and related items into the United States.
The Senate bill contained no similar provision.
The House recedes.
In the wake of the events of September 11, the conferees believe
that a full review of the strategy, roles and responsibilities of the
Department of Defense in combating terrorism is warranted. Therefore,
the conferees direct elsewhere in this report that the Secretary of
Defense conduct a study of the appropriate role of the Department with
respect to homeland security and report to Congress on such matters.
Authority to pay gratuity to members of the armed forces and
civilian employees of the United States for slave labor performed for
Japan during World War II
The Senate bill contained a provision (sec. 1064) that would
authorize the Secretary of Veterans Affairs to pay a $20,000 gratuity to
a veteran or civilian internee who: (1) served in or with United States
combat forces during World War II; (2) was captured and held as a
prisoner of war by Japan; and (3) was required to perform slave labor
for Japan.
The House amendment contained no similar provision.
The Senate recedes.
Contingent authorization of appropriations
The Senate bill contained a title (title XIII) making the
authorization of certain funds contingent upon future action by the
Congress.
The House amendment contained no similar provision.
The Senate recedes.
Demilitarization of significant military equipment
The Senate bill contained a provision (sec. 1062) that would provide
authority to ensure demilitarization of significant military equipment
formerly owned by the Department of Defense (DOD).
The House amendment contained no similar provision.
The Senate recedes.
Information and recommendations on congressional reporting
requirements applicable to the Department of Defense
The Senate bill contained a provision (sec. 1021) that would require
the Secretary of Defense to identify recurring reporting requirements in
the Department of Defense (DOD) that the Secretary believes to be
unnecessary.
The House amendment contained no similar provision.
The Senate recedes.
Reductions in authorizations of appropriations for Department
of Defense for management efficiencies
The Senate bill contained a provision (sec. 1002) that would have
reduced the amounts authorized to be appropriated to the Department of
Defense for fiscal year 2002 by $1.6 billion to reflect savings to be
achieved through the implementation of the provisions of title VIII of
the Senate bill and other management efficiencies.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agreed to reductions of $1.3 billion for management
reform initiatives. These reductions are included in titles I, II and
III of this Act.
Release of restriction on use of certain vessels previously
authorized to be sold
The Senate bill contained a provision (sec. 1220) that would relax
certain restrictions placed on the sale of two vessels authorized by
section 3603(a) of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999.
The House amendment contained no similar provision.
The Senate recedes.
Revision in types of excess naval vessels for which approval
by law is required for disposal to foreign nations
The House amendment contained a provision (sec. 1011) that would
amend subsection (a) of section 7307 of title 10 to change the
requirement for specific congressional approval of disposal of vessels
to foreign nations from ``naval vessels'' to ``combatant naval
vessels.''
The Senate bill contained no similar provision.
The House recedes.
Revision of annual report to Congress on National Guard and
reserve component equipment
The House amendment contained a provision (sec. 1033) that would
revise the annual report to Congress on National Guard and reserve
component equipment.
The Senate bill contained no similar provision.
The House recedes.
Sense of the Senate that the Secretary of the Treasury should
immediately issue savings bonds, to be designated as ``Unity Bonds''
The Senate bill contained a provision (sec. 1074) that would express
the sense of the Senate that the Secretary of the Treasury should
immediately issue savings bonds, to be designated as ``Unity Bonds,'' in
response to the terrorist attacks against the United States on September
11, 2001.
The House amendment contained no similar provision.
The Senate recedes.
The decision not to include this provision in this conference report
does not reflect any change in the strong support for the issuance of
savings bonds in both Houses of Congress, as expressed by the Senate
when it approved this provision and by the House of Representatives when
it approved H.R. 2899, the ``Freedom Bonds Act of 2001''.
Transfer of Vietnam-era F 4 to non-profit museum
The House amendment contained a provision (sec. 1044) that would
authorize the Secretary of the Air Force to convey a surplus F 4
aircraft to the National Aviation Museum and Foundation of Oklahoma.
The Senate bill contained no similar provision.
The House recedes.
TITLE XI--CIVILIAN PERSONNEL
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Personnel pay and qualifications authority for Department of
Defense Pentagon Reservation civilian law enforcement and security force
(sec. 1101)
The Senate bill contained a provision (sec. 1075) that would
authorize the Secretary of Defense to establish pay rates for Pentagon
civilian law enforcement and security personnel that are comparable to
other federal law enforcement and security organizations within the
vicinity of the Pentagon.
The House amendment contained no similar provision.
The House recedes.
Pilot program for payment of retraining expenses (sec. 1102)
The House amendment contained a provision (sec. 1102) that would
authorize the Department of Defense (DOD) to establish a pilot program
to pay retraining expenses for DOD employees scheduled for involuntary
separation.
The Senate bill contained a similar provision (sec. 1123).
The Senate recedes with a clarifying amendment.
Authority of civilian employees to act as notaries (sec. 1103)
The Senate bill contained a provision (sec. 584) that would clarify
the authority of civilian attorneys in military legal assistance offices
and certain civilian employees to perform notarial acts.
The House amendment contained a similar provision (sec. 1109).
The House recedes.
Authority to appoint certain health care professionals in the
excepted service (sec. 1104)
The Senate bill contained a provision (sec. 1125) that would
authorize the Secretary of Defense to exempt certain health care
professionals from examination for appointment in the competitive civil
service.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize the
Secretary of Defense to appoint certain health care professionals in the
excepted service without regard to certain provisions of chapter 33 of
title 5, United States Code regarding examination, certification, and
appointment in the civil service.
SUBTITLE B--CIVILIAN PERSONNEL MANAGEMENT GENERALLY
Authority to provide hostile fire pay (sec. 1111)
The Senate bill contained a provision (sec. 622) that would
authorize hostile fire or imminent danger pay for civilians.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment that removes
limitations to duty in the United States and duty in specified areas of
the Pentagon.
Payment of expenses to obtain professional credentials (sec. 1112)
The House amendment contained a provision (sec. 1103) that would
authorize federal agencies to pay for employee credentials, professional
licenses, and professional certification.
The Senate bill contained a similar provision (sec. 1126).
The Senate recedes.
Parity in establishment of wage schedules and rates for
prevailing rate employees (sec. 1113)
The House amendment contained a provision (sec. 1110) that would
require the Department of Defense, when establishing wage schedules and
rates for prevailing wage employees, to consider rates paid for
comparable positions in private industry in the nearest wage area that
is most similar to the wage area for which wage rates are being
established when there are insufficient positions in the local industry
upon which to establish wage schedules and rates.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment that would make this
provision effective on the first normal effective date of the applicable
wage survey adjustment occurring after the enactment of this Act.
Modification of limitation on premium pay (sec. 1114)
The House amendment contained a provision (sec. 1107) that would
amend section 5547 of title 5, United States Code, to change the period
used for limiting the amount of overtime pay an employee may earn from a
biweekly to an annual basis, permitting more flexibility in scheduling
overtime across the Federal Government.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would give heads of
agencies discretionary authority to use the calendar year as the period
for limiting the amount of overtime pay for employees performing work
that is critical to the mission of the agency.
Participation of personnel in technical standards development
activities (sec. 1115)
The Senate bill contained a provision (sec. 1124) that would
authorize the use of appropriated funds for Department of Defense
personnel to participate in meetings to set technical standards for
products, manufacturing processes, and management practices.
The House amendment contained no similar provision.
The House recedes.
Retention of travel promotional items (sec. 1116)
The Senate bill contained a provision (sec. 1065) that would
authorize federal employees of the Executive Branch, members of the
foreign service, military members, and their family members to retain
for personal use promotional items received as a result of using travel
or transportation services paid for by the Executive Branch.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the benefit to
employees of the Judicial Branch and certain employees of the
Legislative Branch.
Applicability of certain laws to certain individuals assigned
to work in the Federal Government (sec. 1117)
The House amendment contained a provision (sec. 1106) that would
clarify that state and local government officials detailed to work in
federal agencies are subject to the same standards of official conduct
that apply to other federal employees.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
SUBTITLE C--INTELLIGENCE CIVILIAN PERSONNEL
Authority to increase maximum number of positions in the
Defense Intelligence Senior Executive Service (sec. 1121)
The Senate bill contained a provision (sec. 1101) that would
authorize the Secretary of Defense to increase the number of Defense
Intelligence Senior Executive Service positions by the number of Senior
Intelligence Service positions eliminated from the Central Intelligence
Agency.
The House amendment contained no similar provision.
The House recedes with an amendment that would increase the maximum
number of positions in the Defense Intelligence Senior Executive Service
from 517 to 544.
The conferees intend that the increase of 27 Defense Intelligence
Senior Executive Service positions is to meet the increased senior level
requirements of the National Imagery and Mapping Agency (NIMA) resulting
from the transfer of responsibilities from the Central Intelligence
Agency to NIMA.
SUBTITLE D--MATTERS RELATING TO RETIREMENT
Improved portability of retirement coverage for employees
moving between civil service employment and employment by
nonappropriated fund instrumentalities (sec. 1131)
The Senate bill contained a provision (sec. 1112) that would remove
the requirement that employees who transfer between non-appropriated and
appropriated fund employment systems have five or more years of service
in a system to elect to continue in the Civil Service Retirement System,
Federal Employees Retirement System, or Non-appropriated Fund Retirement
System, as applicable.
The House amendment contained a similar provision (sec. 1104).
The House recedes.
Federal employment retirement credit for nonappropriated fund
instrumentality service (sec. 1132)
The Senate bill contained a provision (sec. 1111) that would
authorize federal employees the opportunity to elect to receive either
Civil Service Retirement System or Federal Employees Retirement System
credit for prior nonappropriated fund service.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Modification of limitations on exercise of voluntary
separation incentive pay authority and voluntary early retirement
authority (sec. 1133)
The Senate bill contained a provision (sec. 1113) that would
authorize the Secretary of Defense, during fiscal year 2003, to use
voluntary separation incentives and voluntary early retirement authority
for workforce restructuring to meet mission needs, achieve strength
reductions, correct skill imbalances or reduce the number of high-grade,
managerial, or supervisory positions.
The House amendment contained no similar provision.
The House recedes with an amendment that would establish a limit of
2000 employees in fiscal year 2002 and 6000 employees in fiscal year
2003 who could be separated under this provision, and would provide that
this provision may be superceded by another provision of law taking
effect after the effective date of this Act.
LEGISLATIVE PROVISIONS NOT ADOPTED
Continued applicability of certain civil service protections
for employees integrated into the National Imagery and Mapping Agency
from the Defense Mapping Agency
The Senate bill contained a provision (sec. 1102) that would clarify
that former Defense Mapping Agency personnel transferred into the
National Imagery and Mapping Agency pursuant to the National Defense
Authorization Act for Fiscal Year 1997 retain certain civil service
protections for as long as they remain Department of Defense employees
employed without a break in service in the National Imagery and Mapping
Agency.
The House amendment contained no similar provision.
The Senate recedes.
Removal of requirement that granting civil service
compensatory time be based on amount of irregular or occasional overtime
work
The House amendment contained a provision (sec. 1105) that would
repeal the requirement that compensatory time only be granted to federal
employees if the overtime performed is irregular or occasional.
The Senate bill contained no similar provision.
The House recedes.
Undergraduate training program for employees of the National
Imagery and Mapping Agency
The House amendment contained a provision (sec. 1101) that would
authorize the National Imagery and Mapping Agency to establish an
undergraduate training program to recruit employees with critical
skills.
The Senate bill contained no similar provision.
The House recedes.
Use of common occupational and health standards as a basis
for differential payments made as a consequence of exposure to asbestos
The House amendment contained a provision (sec. 1108) that would
establish a common standard for payment of hazardous duty differential
pay for reason of exposure to asbestos for prevailing rate and general
schedule federal employees.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to coordinate with
interested parties to develop an appropriate standard for exposure to
asbestos for prevailing rate and general schedule federal employees,
taking into account the nature of the work and the increased likelihood
of exposure to asbestos of prevailing rate and general schedule federal
employees.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--MATTERS RELATED TO ARMS CONTROL AND MONITORING
Clarification of authority to furnish nuclear test monitoring
equipment to foreign governments (sec. 1201)
The Senate bill contained a provision (sec. 1214) that would amend
section 1203 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 to clarify that the Department of Defense has the
authority to transfer title of existing nuclear test monitoring
equipment to foreign host nation governments, and to inspect and
maintain such equipment to ensure that it continues to provide the data
needed to satisfy United States nuclear test monitoring requirements.
The provision would also redesignate the existing authority as section
2565 of title 10, United States Code.
The House amendment contained a similar provision.
The House recedes with a technical amendment.
Limitation on funding for Joint Data Exchange Center in
Moscow (sec. 1202)
The House amendment contained a provision (sec. 1204) that would
prohibit the Secretary of Defense from obligating or expending any
fiscal year 2002 funds for the Joint Data Exchange Center (JDEC) in
Moscow until 30 days after the Secretary of Defense submits to the
congressional defense committees an agreement between the United States
and Russia to share the costs of the JDEC and to exempt U.S. government
personnel from liability under Russian laws for activities associated
with the JDEC.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit 50 percent
of the funds available for the JDEC from being obligated or expended
until the agreement is submitted to the congressional defense
committees.
The conferees believe that the JDEC is an important element of the
increased cooperation between the United States and Russia and urge the
Secretary to complete the necessary negotiations as quickly as possible.
Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities (sec. 1203)
The House amendment contained a provision (sec. 1205) that would
extend the authority under section 1505 of the Weapons of Mass
Destruction Act of 1992 (section 5859a of title 22, United States Code)
for the Department of Defense to expend up to $15.0 million in fiscal
year 2002 in support of United Nations-sponsored inspection and
monitoring efforts in Iraq. The provision would also change the
requirement for quarterly reports by the Department of Defense to an
annual report.
The Senate bill contained a provision (sec. 1211) that would
similarly extend the authority to expend $15.0 million in support of the
United Nations-sponsored inspection and monitoring effort but did not
change the requirement for quarterly reports.
The House recedes.
Authority for employees of Federal Government contractors to
accompany chemical weapons inspection teams at government-owned
facilities (sec. 1204)
The Senate bill contained a provision (sec. 1215) that would amend
section 303(b)(2) and section 304(c) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6723(b)(2) and 6724(c)) to permit
Federal Government contractor personnel to participate in inspections of
United States Government-owned facilities conducted under that Act if
led by a Federal Government employee.
The House amendment contained a similar provision.
The Senate recedes with a technical amendment.
Plan for securing nuclear weapons, material, and expertise of
the states of the former Soviet Union (sec. 1205)
The House amendment contained a provision (sec. 1051) that would
direct the President to submit to Congress a plan for cooperation with
Russia to dispose of excess nuclear materials and nuclear weapons, and
to prevent the outflow of Russian scientific expertise in the area of
weapons of mass destruction. The provision included specific plan
elements and required the President to consult with Russia and Congress
in developing the plan.
The Senate bill contained no similar provision.
The Senate recedes with an amendment.
The amendment expands the scope of the plan to include the other
states of the former Soviet Union and adds the requirement that the plan
include programs to assist Russia in downsizing its nuclear weapons
research and production complex. In addition, the amendment requires the
President to consider establishing an interagency committee to
coordinate and monitor the nonproliferation efforts of the United
States, to recommend policy and budget options for the U.S.
nonproliferation program, and to encourage increased coordination with
and greater participation of international partners, including efforts
to increase international contributions for such programs.
The conferees note that the administration has been reviewing the
current nonproliferation programs. The conferees urge the administration
to bring this review to a close, decide on a path forward for these
important programs, and implement a coordinated government-wide
nonproliferation strategy as soon as possible. As President Bush stated
in his November 13, 2001 joint statement with Russian President Putin:
``Our highest priority is to keep terrorists from acquiring weapons of
mass destruction. Today we agreed that Russian and American experts will
work together to share information and expertise to counter the threat
from bioterrorism. We agreed that it is urgent that we improve the
physical protection and accounting on nuclear materials and prevent
illicit nuclear trafficking.''
SUBTITLE B--MATTERS RELATING TO ALLIES AND FRIENDLY FOREIGN NATIONS
Acquisition of logistical support for security forces (sec. 1211)
The House amendment contained a provision (sec. 1202) that would
amend the Multinational Force and Observers (MFO) Participation
Resolution (Public Law 97 132) to authorize the President to approve
contracting out the logistical and aviation support for the MFO mission
currently performed by U.S. soldiers. The provision would also provide
that U.S. sponsored contract support could be provided to the MFO
mission without reimbursement if the President determines that such
action enhances or supports the national security of the United States.
The Senate bill contained an identical provision (sec. 1217).
The conference agreement includes this provision.
Extension of authority for international cooperative research
and development projects (sec. 1212)
The Senate bill contained a provision (sec 1212) that would amend
section 2350 of title 10, United States Code, to expand the entities, to
include friendly foreign countries, with which the Department of Defense
is authorized to enter into cooperative research and development
agreements.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment and an amendment that
requires the Secretary of Defense to submit a report to Congress 30 days
prior to implementation of any proposed memorandum of understanding (or
other formal agreement) for cooperative research and development with a
country that is not a NATO member nation or a major non-NATO ally.
Cooperative agreements with foreign countries and
international organizations for reciprocal use of test facilities (sec.
1213)
The Senate bill contained a provision (sec. 1213) that would
authorize the Secretary of Defense, with the concurrence of the
Secretary of State, to enter into a memorandum of understanding with a
foreign country or international organization to provide for the
testing, on a reciprocal basis, of defense equipment. The provision
would require the charging of direct costs and would authorize the
charging of indirect costs, but only to the extent specified in the
memorandum or other agreement.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress on allied defense burdensharing (sec. 1214)
The Senate bill contained a provision (sec. 1219) that would express
the sense of the Senate that the efforts of the President to increase
burdensharing by allied and friendly nations deserve strong support. The
provision also expressed the sense of the Senate that host nation
support agreements with those nations in which U.S. military personnel
are permanently assigned should be negotiated consistent with section
1221(a)(1) of the National Defense Authorization Act for Fiscal Year
1998, which sets forth a goal of obtaining financial contributions from
such host nations that amount to 75 percent of the nonpersonnel costs.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment and an amendment that
makes the provision a sense of Congress.
SUBTITLE C--REPORTS
Report on significant sales and transfers of military
hardware, expertise, and technology to the People's Republic of China
(sec. 1221)
The House amendment contained a provision (sec. 1203) that would
amend section 1202 of the National Defense Authorization Act for Fiscal
Year 2000. This amendment would require the Secretary of Defense to
submit, as part of the existing report requirement, a one-time report to
the Congress no later than March 1, 2002 on the transfer of equipment,
expertise, and technology from the former Soviet states to the People's
Republic of China.
The Senate bill contained no such provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to report to Congress on significant transfers of
equipment, expertise and technology to the People's Republic of China.
The amendment would remove the reference to the former states of the
Soviet Union, and modifies the reporting requirement.
Repeal of requirement for reporting to Congress on military
deployments to Haiti (sec. 1222)
The House amendment contained a provision (sec. 1206) that would
repeal the report required by section 1232 of the National Defense
Authorization Act for Fiscal Year 2000 concerning military deployments
to Haiti.
The Senate bill contained no similar provision.
The Senate recedes.
Report by Comptroller General on provision of defense
articles, services, and military education and training to foreign
countries and international organizations (sec. 1223)
The House amendment contained a provision (sec. 1207) that would
require the Comptroller General of the United States to study the
benefits, costs, and readiness impact to the U.S. Armed Forces with
regard to defense articles, services, or military education and training
provided under the authority of the Foreign Assistance Act of 1961
(Public Law 87 195 as amended) or any similar provision of law. The
provision would require the Comptroller General to submit to Congress an
interim report no later than April 15, 2002, and a final report by
August 1, 2002, on the findings of the study.
The Senate bill contained no similar provision.
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Limitation on number of military personnel in Colombia
The House amendment contained a provision (sec. 1208) that would
limit to 500 the number of U.S. military personnel authorized to be on
duty in the Republic of Colombia at any time. The limit would not apply
to military personnel deployed to Colombia for the purpose of rescuing
or retrieving U.S. Government personnel, military personnel attached to
the U.S. Embassy, military personnel engaged in relief operations, or
nonoperational transient military personnel.
The Senate bill contained no similar provision.
The House recedes.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
LEGISLATIVE PROVISIONS ADOPTED
Specification of Cooperative Threat Reduction programs and
funds (sec. 1301)
The Senate bill contained a provision (sec. 1201) that would define
the Cooperative Threat Reduction (CTR) program, define the CTR funds as
those authorized to be appropriated in section 301 of this conference
report, and authorize the CTR funds to be available for obligation for
three fiscal years.
The House amendment contained an identical provision (sec. 1301).
The conference agreement includes this provision.
Funding allocations (sec. 1302)
The Senate bill contained a provision (sec. 1202) that would
authorize $403.0 million, the amount included in the budget request, for
the Cooperative Threat Reduction (CTR) programs. The provision would
also establish the funding levels for each of the program elements in
the CTR program and provide limited authority to vary the amounts for
specific program elements.
The House amendment contained a similar provision (sec. 1302).
The Senate recedes with a technical amendment.
The conferees include a provision that would authorize $403.0
million for the CTR programs, specify the funding levels for the
component parts of the program, and provide limited authority to vary
the amounts for specific program elements. The provision combines the
amounts provided for chemical weapons destruction activity in Russia
into a single category. The conferees have excluded nuclear weapons
transportation security from the funding limitation. The provision would
also remove the funding limitation for nuclear weapons transportation
security contained in section 1302 (c)(3) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001.
Limitation on use of funds until submission of reports (sec. 1303)
The House amendment contained a provision (sec. 1303) that would
prohibit the obligation or expenditure of fiscal year 2002 Cooperative
Threat Reduction (CTR) program funds until 30 days after submission of
the reports required by section 1308 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit the
Secretary of Defense from spending more than 50 percent of the funds
available for the CTR program for fiscal year 2002 until the Secretary
submits the reports required by the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
Requirement to consider use of revenue generated by
activities carried out under Cooperative Threat Reduction programs (sec.
1304)
The House amendment contained a provision (sec. 1304) that would
require the Secretary of Defense to submit a report describing plans to
monitor the use of revenue generated by Cooperative Threat Reduction
(CTR) program activities in Russia and Ukraine.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct the Secretary
of Defense to consider the revenue generated by CTR program-related
activities in Russia when carrying out the CTR program.
Prohibition against use of funds for second wing of fissile
material storage facility (sec. 1305)
The House amendment contained a provision (sec. 1305) that would
prohibit the use of all Cooperative Threat Reduction (CTR) program funds
for construction of a second wing for the fissile material storage
facility in Mayak, Russia. The provision would also cap the amount of
funds spent on the first wing of the facility at $412.6 million.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit fiscal year
2002 CTR funds, and CTR funds previously authorized and appropriated,
from being used to construct a second wing of the storage facility for
fissile material storage in Mayak, Russia. The conferees believe that if
the Department of Defense should decide in the future that a second wing
of the facility is needed, the Secretary should specifically request
funds for this purpose. The provisions would also clarify that the
spending cap on the Mayak facility would not apply to any expenditures
related to security.
Prohibition against use of funds for certain construction
activities (sec. 1306)
The House amendment contained a provision (sec. 1306) that would
prohibit the use of Cooperative Threat Reduction (CTR) program funds
from being used for construction or refurbishment of fossil fuel energy
plants in Russia.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit the use of
fiscal year 2002 funds from being used for construction activities
associated with the program with the Russian government to eliminate the
production of weapons grade plutonium. The conferees direct the
Secretary of Defense to use the funds authorized in section 1302 to
identify a workable cooperative program and plan that would allow these
reactors to be shut down or to stop producing plutonium as quickly and
as inexpensively as possible. The plan should include specific
milestones and budgetary information for all construction,
manufacturing, and operational costs associated with the plan. In
formulating the approach, the Secretary should take into consideration
the ability of the Russian government and the international community to
contribute to this effort. The conferees continue to support the goal of
eliminating plutonium production and urge the Secretary to request funds
in the future for this effort to support an agreed-upon program plan.
The conferees note that this program has been delayed by the lack of an
agreed-upon program plan for several years.
Reports on activities and assistance under Cooperative Threat
Reduction programs (sec. 1307)
The House amendment contained a provision (sec. 1307) that would
amend section 1308 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 to modify the report on activities and
assistance under Cooperative Threat Reduction (CTR) programs.
The Senate bill contained no similar provision.
The Senate recedes.
Chemical weapons destruction (sec. 1308)
The Senate bill contained a provision (sec. 1203) that would amend
section 1305 of the National Defense Authorization Act for Fiscal Year
2000 to establish a certification process by the Secretary of Defense
that must be completed before any funds could be spent for construction
of a chemical weapons destruction facility at Shchuch'ye, Russia. The
provision would also provide authority for the President to waive the
prerequisite dealing with information provided by Russia about its
stockpile of chemical munitions. The provision also required a
commitment on the part of others to assist with the costs related to the
facility.
The House amendment contained a similar provision (sec. 1309) that
would require preconditions but did not provide authority to waive the
one prerequisite and did not contain the requirement for a commitment by
others to assist with the costs.
The Senate recedes with an amendment that would include the
requirement on cost contributions by others and would clarify the
requirements of the certification with respect to the Russian disclosure
of its chemical weapons. This clarification will allow the certification
to be made as soon as the United States assesses that the disclosure by
Russia is accurate. The conferees believe that the certification, as
clarified, can be made promptly, and thus believe that the waiver
authority is not required. The conferees support this important program
and urge the Secretary to implement this program as soon as possible.
Additional matter in annual report on activities and
assistance under Cooperative Threat Reduction programs (sec. 1309)
The Senate bill contained a provision (sec. 1205) that would amend
the annual report to include a new section describing the amount of the
annual commitment from the international community and from Russia for
the chemical weapons destruction facility at Shchuch'ye.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Report on responsibility for carrying out Cooperative Threat
Reduction programs
The House amendment contained a provision (sec. 1308) that would
require the Secretary of Defense to submit a report containing an
assessment of Cooperative Threat Reduction (CTR) projects currently
under the auspices of the Department of Defense (DOD) and describing
options for transferring responsibility for CTR projects to other
agencies, as appropriate.
The Senate bill contained a related provision (sec. 1204) that would
require the CTR program to continue to be financed, managed, and
implemented by the DOD.
The House recedes and the Senate recedes.
The Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (NDAA) directed the Secretary to submit a report similar to
that requested in the House provision. The Secretary has not submitted
this report, which was due in January, 2001. The conferees are aware
that the report is complete. The conferees urge the Secretary to submit
the required report and other required reports on the CTR program, which
are also late, as quickly as possible. The conferees note that in spite
of statutory changes made in the NDAA to the reporting requirements to
accommodate DOD concerns, the DOD still has not submitted the reports
required by law.
TITLE XIV--ARMED FORCES RETIREMENT HOME
LEGISLATIVE PROVISIONS ADOPTED
Amendment of Armed Forces Retirement Home Act of 1991 (sec. 1401)
The Senate bill contained a provision (sec. 1041) that would revise
the Armed Forces Retirement Home Act of 1991 to implement changes
resulting from a Department of Defense review of the management
structure of the Armed Forces Retirement Home.
The House amendment contained no similar provision.
The House recedes.
The conferees note that the organizational and operational changes
reflected in Title XIV reflect the collective judgment and
recommendations of the Assistant Secretary of Defense (Force Management
Policy), the Vice Chief of Staff of the Army, the Vice Chief of Naval
Operations, the Vice Chief of Staff of the Air Force, and the Assistant
Commandant of the Marine Corps. The conferees compliment the determined
efforts of all involved in reaching a consensus on initiatives to be
taken. The commitment of the Department of Defense and the services to
the operational efficiency and fiscal well-being of the Armed Forces
Retirement Homes is an essential precondition for success.
The conferees anticipate that the legislative changes in Title XIV
will be complemented by additional departmental and service initiatives
(e.g., implementation of a fifty cent increase in the active duty
military payroll deduction and recapitalization of facilities). To this
end, the conferees urge the Committees on Armed Services of the Senate
and the House of Representatives to provide maximum opportunities during
the second session of the 107th Congress for interested individuals and
groups to provide information and recommendations for additional
improvements needed in the management and organization of the Armed
Forces Retirement Homes.
Definitions (sec. 1402)
The Senate bill contained a provision (sec. 1042) that would define
the terms Retirement Home, Local Board, Armed Forces Retirement Home
Trust Fund, and Fund.
The House amendment contained no similar provision.
The House recedes.
Revision of authority establishing the Armed Forces
Retirement Home (sec. 1403)
The Senate bill contained a provision (sec. 1043) that would
establish the Armed Forces Retirement Home as an independent
establishment of the Executive Branch to provide residences and related
services for certain retired and former members of the armed forces.
The House amendment contained no similar provision.
The House recedes.
Chief Operating Officer (sec. 1404)
The Senate bill contained a provision (sec. 1044) that would
authorize the Secretary of Defense to appoint a Chief Operating Officer
for the Retirement Home who would be responsible for the overall
direction, operation, and management of the Armed Forces Retirement Home
and who would report to the Secretary of Defense.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Residents of Retirement Home (sec. 1405)
The Senate bill contained a provision (sec. 1045) that would repeal
the requirement for a resident to reapply for acceptance as a resident
when absent from the home for more than 45 consecutive days and
establish fees to be paid by residents.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Local boards of trustees (sec. 1406)
The Senate bill contained a provision (sec. 1046) that would require
the Secretary of Defense to appoint a local board of trustees for each
facility of the Armed Forces Retirement Home to serve in an advisory
capacity to the Director of the facility and to the Chief Operating
Officer.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Directors, Deputy Directors, Associate Directors, and staff
of facilities (sec. 1407)
The Senate bill contained a provision (sec. 1047) that would require
the Secretary of Defense to appoint a Director and a Deputy Director for
each facility of the Armed Forces Retirement Home.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment that would also
require appointment of an Associate Director to serve as an ombudsman
for the residents and to perform other duties assigned by the Director.
Disposition of effects of deceased persons and unclaimed
property (sec. 1408)
The Senate bill contained a provision (sec. 1048) that would
authorize the Director of a facility of the Armed Forces Retirement Home
to designate an attorney who is a full-time officer or employee of the
United States or a member of the armed forces on active duty to serve as
attorney or agent for the facility in certain probate proceedings.
The House amendment contained no similar provision.
The House recedes.
Transitional provisions (sec. 1409)
The Senate bill contained a transitional provision (sec. 1049) that
would authorize the Armed Forces Retirement Home Board to continue to
serve and perform the duties of the Chief Operating Officer until the
Secretary of Defense appoints the first Chief Operating Officer, and for
the temporary continuation of the Director of the Armed Forces
Retirement Home--Washington and the incumbent Deputy Directors.
The House amendment contained no similar provision.
The House recedes.
Conforming and clerical amendments and repeals of obsolete
provisions (sec. 1410)
The Senate bill contained a provision (sec. 1050) that would make
conforming technical amendments to title 24, United States Code.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Amendments of other laws
The Senate bill contained a provision (sec. 1051) that would amend
section 4301(2) of title 5, United States Code, to exclude the Chief
Operating Officer and the Deputy Directors of the Armed Forces
Retirement Home from the definition of employee for purposes of
performance appraisals under chapter 43 of title 5, United States Code.
The House amendment contained no similar provision.
The Senate recedes.
TITLE XV--ACTIVITIES RELATING TO COMBATING TERRORISM
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--INCREASED FUNDING FOR COMBATING TERRORISM
Authorization of emergency appropriations under the 2001
Emergency Supplemental Appropriations Act for Recovering From and
Response to Terrorist Attacks on the United States (secs. 1501 1506)
The Senate bill contained a provision (sec. 1010) that would
authorize the supplemental appropriations for the Department of Defense
enacted in the Emergency Terrorist Response Supplemental Appropriations
Act, 2001 (Public Law 107 38), which provided supplemental funding for
Department of Defense programs in response to terrorist attacks against
the United States. The Senate bill would also require quarterly reports
by the Secretary of Defense to the Committees on Armed Services of the
Senate and the House of Representatives on the use of funds made
available to the Department of Defense, as well as reports on the
allocation of funds under that Act that are made available to the
Department of Defense subject to the 15-day notification requirement.
The House amendment contained no similar provision.
The House recedes with an amendment that would: authorize
supplemental appropriations for the Department of Defense and the
national security activities of the Department of Energy, including the
National Nuclear Security Administration, for combating terrorism for
fiscal year 2001 and 2002, including the use of such appropriations to
carry out military construction projects; and clarify the reporting
requirement. The conferees expect the information provided by the
Department of Defense and the Department of Energy on the use of funds
appropriated in this supplemental, regardless of whether the funds were
available immediately, subject to 15-day notification, or required
subsequent appropriation by Congress, to be consistent with the level of
detail provided for previous supplementals, including a description of
the accounts and programs for which the funds were used for each
service.
SUBTITLE B--POLICY MATTERS RELATING TO COMBATING TERRORISM
Study and report on the role of the Department of Defense
with respect to homeland security (sec. 1511)
The Senate bill contained a provision (sec. 1022) that directed the
Secretary of Defense to submit a report to Congress on the Department of
Defense (DOD) policies, plans and procedures for combating terrorism.
The intent of the provision was to achieve a clear description of the
structure, strategy, roles, relationships and responsibilities of the
various DOD entities with responsibilities relating to combating
terrorism. The report was to serve as the means for the single
designated civilian in the DOD to address the various issues pertaining
to combating terrorism.
The House amendment contained four provisions related to the
Department's role in homeland security or combating terrorism. One
provision (sec. 1032) required the Secretary of Defense to submit to
Congress a report on the appropriate role of the DOD in homeland
security matters. A second House provision (sec. 1511) required the
Secretary of Defense to submit to Congress and the President a report
containing an assessment of the Department's ability to provide support
for the consequence management activities of other federal, state, and
local agencies, taking into account the terrorist attacks on the United
States on September 11, 2001. A third House provision (sec. 1512)
directed the Secretary of Defense to report on the ability of the DOD to
protect the United States from airborne threats, including those
originating from within U.S. borders. A fourth House provision (sec.
1514) directed the Secretary of Defense to seek an agreement with the
Directors of the Federal Bureau of Investigation and Federal Emergency
Management Agency that clarifies the roles and missions of the DOD
Weapons of Mass Destruction-Civil Support Teams (WMD-CSTs) relative to
those agencies in crisis response and consequence management efforts.
The conferees agreed to merge the four House amendment provisions
into the Senate bill provision. The conferees direct the Secretary of
Defense to conduct a study on the appropriate role for the Department of
Defense with respect to homeland security. The study would include a
description of the plans, policies, and procedures of the Department of
Defense for combating terrorism. It would also identify how the DOD will
interact with the Office of Homeland Security, and how
intelligence-sharing efforts of the Department will be coordinated
relative to other federal, state and local entities. In addition, the
report would address the ability of the DOD to protect the United States
from airborne attacks, and the manner in which the WMD CSTs interact
with lead federal agencies during crisis response or consequence
management situations. The report will also discuss improvements that
could be made to enhance homeland security and recommended actions and
programs aimed at addressing vulnerabilities.
Combating Terrorism Readiness Initiatives Fund for combatant
commands (sec. 1512)
The Senate bill contained a provision (sec. 1008) that would codify
in title 10, United States Code, the authority and specific activities
to be funded under the Combating Terrorism Readiness Initiative Fund.
The House amendment contained no similar provision.
The House recedes.
Conveyances of equipment and related materials loaned to
state and local governments as assistance for emergency response to a
use or threatened use of a weapon of mass destruction (sec. 1513)
The Senate bill contained a provision (sec. 1063) that would require
the Department of Defense (DOD) to transfer to state and local
authorities training equipment it has loaned to them as part of the
Domestic Preparedness Program, which was established in accordance with
the Defense Against Weapons of Mass Destruction Act of 1996 (otherwise
known as the Nunn-Lugar-Domenici Act) (Title XIV of the National Defense
Authorization Act for Fiscal Year 1997).
The equipment was purchased by the Department on behalf of cities
participating in the Domestic Preparedness Program. That equipment has
been permanently retained and maintained on loan due to the legal
prohibition against transferring DOD property directly to non-Federal
Government agencies. As a result, the Department has been required to
inventory, and to hold some liability for, this equipment. In addition,
local authorities have incurred the additional task of maintaining
records to DOD standards. This one-time transfer was intended to
eliminate the financial cost, labor and liabilities associated with this
equipment so long as it remains DOD property.
The House amendment contained no similar provision.
The House recedes.
The conferees agree that this is a one-time transfer and will not
set any precedent.
Two-year extension of the Advisory Panel to Assess Domestic
Response Capabilities for Terrorism Involving Weapons of Mass
Destruction (sec. 1514)
The House amendment contained a provision (sec. 1052) that would
amend section 1405 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 to extend the Advisory Panel to Assess Domestic
Response Capabilities for Terrorism Involving Weapons of Mass
Destruction (WMD) by two additional years. The life of the panel would
thereby be extended until 2003.
The Senate bill contained no such provision.
The Senate recedes with an amendment to provide compensation to the
members of the panel for the days that they serve from the enactment of
this Act until they complete their work in 2003.
The conferees recognize that the panel can continue to provide
valuable assessments and recommendations to the Federal Government in
its efforts to improve federal homeland security efforts. The conferees
expect that the panel will study not only WMD, but also conventional and
cyber terrorist threats.
LEGISLATIVE PROVISIONS NOT ADOPTED
Establishment of combating terrorism as a national security mission
The House amendment contained a provision (sec. 1513) that would
amend section 108(b)(2) of the National Security Act of 1947 to
establish that acts of terrorism are included in the term
``aggression.''
The Senate bill contained no similar provision.
The House recedes.
The conferees note that there is general agreement that acts of
terrorism are included in the term ``aggression.''
TITLE XVI--UNIFORMED SERVICES VOTING
LEGISLATIVE PROVISIONS ADOPTED
Sense of Congress regarding the importance of voting (sec. 1601)
The Senate bill contained a provision (sec. 571) that would express
the sense of the Senate that each administrator of a federal, state, or
local election should be aware of the importance of the ability of each
uniformed services voter to exercise the right to vote; that the
administrators should perform their duties with the intent to ensure
that each uniformed services voter receives the utmost consideration and
cooperation when voting; that each valid ballot cast by such a voter is
duly counted; and that all eligible American voters should have an equal
opportunity to cast a vote and to have that vote counted.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment that would express a
sense of the Congress.
Voting assistance programs (sec. 1602)
The Senate bill contained a provision (sec. 578) that would require
the Secretary of Defense to promulgate regulations to ensure that each
service complies with directives implementing the Federal Voting
Assistance Program (FVAP) and require the Inspector General of each
service to conduct an annual review of compliance with the FVAP and
report the results to the Department of Defense Inspector General, who
would report annually to Congress.
The House amendment contained a similar provision (sec. 551) that
would also establish certain requirements for voting assistance
officers, and require polling of units and ships at sea regarding the
availability of voting materials prior to congressional elections.
The House recedes with an amendment that would combine elements of
the two provisions.
Guarantee of residency for military personnel (sec. 1603)
The Senate bill contained a provision (sec. 573) that would provide
that for purposes of voting in any federal, state or local election, a
person absent from a state pursuant to military orders would not, solely
by reason of that absence, be deemed to have: (1) lost a residence or
domicile in that state; (2) acquired a residence or domicile in another
state; or (3) become a resident in or of any other state.
The House amendment contained no similar provision.
The House recedes.
Electronic voting demonstration project (sec. 1604)
The Senate bill contained a provision (sec. 577) that would require
the Department of Defense to conduct an electronic voting demonstration
for absent military voters in the November, 2002, federal elections.
The House amendment contained a similar provision (sec. 552).
The House recedes with a clarifying amendment.
The conferees are aware of the Department's concern about having
sufficient lead time to prepare for a meaningful demonstration project
in 2002. The conferees encourage the Department to consider use of
commercially available, off-the-shelf, electronic voting products to
expedite preparation for the 2002 demonstration.
Governors' reports on implementation of recommendations for
changes in state law made under Federal Voting Assistance Program (sec.
1605)
The Senate bill contained a provision (sec. 580) that would require
the chief executive officer of a state to report on the implementation
of a uniformed services voting assistance legislative recommendation
within 90 days of receipt of that recommendation.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Simplification of voter registration and absentee ballot
application procedures for absent uniformed services and overseas voters
(sec. 1606)
The Senate bill contained a provision (sec. 575) that would require
states to accept and process the official postcard form as a
simultaneous absentee voter register application and absentee ballot
application. The Senate bill also contained a provision (sec. 576) that
would require states to accept and process a single absentee ballot
application from an absent uniformed services voter or overseas voter
for all general, special, primary, and runoff federal elections
occurring during a year if the application is received not less than 30
days before the first federal election occurring that year.
The House amendment contained no similar provision.
The House recedes with an amendment that would combine the two
provisions and require states to provide absentee ballots for each
subsequent federal election during a year only if the voter requests
that the application be considered an application for each subsequent
federal election.
Use of certain Department of Defense facilities as polling
places (sec. 1607)
The House amendment contained a provision (sec. 2813) that would
authorize the service secretaries to make buildings located on military
installations and reserve component facilities available for use as
polling places for federal, state, and local elections.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would permit use of
Department of Defense facilities as polling places if the facilities
were designated as of December 31, 2000, or have been used since January
1, 1996, as official polling places, unless local security conditions
preclude such use.
LEGISLATIVE PROVISIONS NOT ADOPTED
Extension of registration and balloting rights for absent
uniformed services voters to state and local elections
The Senate bill contained a provision (sec. 574) that would require
states to permit uniformed services voters to use absentee procedures to
register and vote in state and local elections.
The House amendment contained no similar provision.
The Senate recedes.
Maximization of access of recently separated uniformed
service voters to the polls
The Senate bill contained a provision (sec. 579) that would require
states to accept absentee registration applications by military
personnel before they separate from the military and that would allow
them, after they leave the military, to vote in any election for which
they are properly registered.
The House amendment contained no similar provision.
The Senate recedes.
Standard for invalidation of ballots cast by absent uniformed
services voters in federal elections
The Senate bill contained a provision (sec. 572) that would
prescribe standards for invalidation of ballots cast by absent uniformed
services voters in federal elections.
The House amendment contained no similar provision.
The Senate recedes.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Overview
The budget request for fiscal year 2002 requested authorization of
appropriations of $9,971.3 million for the military construction and
family housing construction and operation accounts of the Department of
Defense.
The Senate bill would authorize $10,430.5 million for military
construction and family housing.
The House amendment would authorize $10,324.7 million for these
accounts.
The conferees recommend authorization of appropriations of $10,681.3
million for the military construction and family housing accounts of the
Department of Defense for fiscal year 2002. Including the impact of
reductions in the authorization of appropriations for military
construction for prior years made in this Act, and of the rescission of
military construction appropriations for prior years for foreign
currency savings and for a Forward Operating Location in Aruba contained
in the Military Construction Appropriations Act, 2002 (Public Law 107
64), the conference agreement is consistent with a budget authority
level of $10,500.0 million for military construction and family housing.
The following tables list the amounts authorized to be appropriated
for the military construction and family housing accounts, and for each
military construction and family housing project.
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Short title; definition (sec. 2001)
The Senate bill contained a provision (sec. 2001) that would cite
Division B of this Act as the Military Construction Authorization Act
for Fiscal Year 2002.
The House amendment contained a similar provision (sec. 2001) that
would also define all references in division B to the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001.
The Senate recedes.
TITLE XXI--ARMY
Overview
The Senate bill would authorize $3,068.3 million for Army military
construction and family housing programs for fiscal year 2002.
The House amendment would authorize $3,018.1 million for this purpose.
The conferees recommend authorization of appropriations of $3,155.6
million for Army military construction and family housing for fiscal
year 2002.
The conferees agree to general reductions of $29.9 million in the
Army military construction and military family housing accounts. The
reductions are to be achieved through savings from favorable bids,
reduced overhead costs, and cancellations due to force structure
changes. The general reductions shall not cancel any military
construction authorized by Title XXI of this Act.
The conference agreement provides the planning and design funds
needed to execute the construction projects authorized by this Act as
well as any planning and design specifically directed in the House
report (H. Rept. 107 194) or the Senate report (S. Rept. 107 62).
ITEMS OF SPECIAL INTEREST
Renovation of Womack Army Medical Center, Fort Bragg, North Carolina
The conferees understand that the Army intends to renovate the old
Womack Army Medical Center at Fort Bragg, North Carolina, for use as a
soldier support center. The soldier support center would not only
provide a convenient one-stop processing center for soldiers, it would
also allow for the demolition of 87 World War II-era wooden buildings,
resulting in considerable savings in maintenance and utilities. While
the conferees endorse this creative initiative, the conferees are
disappointed that the Secretary of the Army does not intend to request
funding for the project until fiscal year 2007. The conferees urge the
Secretary of the Army to accelerate this important project and upon
completion consider naming the facility for the recently retired former
Chairman of the Joint Chiefs of Staff, General Hugh Shelton.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Army construction and land acquisition projects (sec. 2101)
The Senate bill contained a provision (sec. 2101) that would
authorize Army construction projects for fiscal year 2002. The
authorized amounts are listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec. 2101).
The conference agreement includes this provision.
The authorized amounts are listed on an installation-by-installation
basis. The state list of projects contained in this report provides the
binding list of specific projects authorized at each location.
Family housing (sec. 2102)
The Senate bill included a provision (sec. 2102) that would
authorize new construction and planning and design of family housing
units for the Army for fiscal year 2002. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec. 2102).
The conference agreement includes this provision.
The authorized amounts are listed on an installation-by-installation
basis. The state list of projects contained in this report provides the
binding list of specific projects authorized at each location.
Improvements to military family housing units (sec. 2103)
The Senate bill contained a provision (sec. 2103) that would
authorize improvements to existing units of family housing for fiscal
year 2002.
The House amendment contained a similar provision (sec. 2103).
The conference agreement includes this provision.
Authorization of appropriations, Army (sec. 2104)
The Senate bill contained a provision (sec. 2104) that would
authorize specific appropriations for each line item contained in the
Army's budget for fiscal year 2002. This section would also provide an
overall limit on the amount the Army may spend on military construction
projects.
The House amendment contained a similar provision (sec. 2104).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year
2001 projects (sec. 2105)
The Senate bill contained a provision (sec. 2105) that would amend
the Military Construction Authorization Act for Fiscal Year 2001
(division B of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001; Public Law 106 398) to increase the total project
authorizations for the following projects by the following amounts: $4.4
million for a basic training barracks project at Fort Leonard Wood,
Missouri; $3.0 million for a battle simulation center at Fort Drum, New
York; and $3.0 million for a digital training range at Fort Hood, Texas.
The House amendment contained a similar provision.
The House recedes with a technical amendment.
Modification of authority to carry out certain fiscal year
2000 projects (sec. 2106)
The conferees agreed to a provision that would amend the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106 65) to cancel the authorization of appropriations of
$36.4 million in section 2014 of that Act for a project for which the
appropriated funds were rescinded by the Military Construction
Appropriations Act, 2002 (Public Law 107 64). This reduction is made
without prejudice. The conferees understand that funds may be requested
for this project in the future and have agreed to retain the
authorization for this project contained in section 2101 of that Act.
TITLE XXII--NAVY
Overview
The Senate bill would authorize $2,377.6 million for Navy military
construction and family housing programs for fiscal year 2002.
The House amendment would authorize $2,393.0 million for this purpose.
The conferees recommend authorization of appropriations of $2,366.7
million for Navy military construction and family housing for fiscal
year 2002.
The conferees agree to general reductions of $82.6 million in the
Navy military construction and military family housing accounts. The
reductions are to be achieved through savings from favorable bids,
reduction in overhead costs, and cancellation of projects due to force
structure changes. The general reductions shall not cancel any military
construction authorized by Title XXII of this Act.
The conference agreement provides the planning and design funds
needed to execute the construction projects authorized by this Act as
well as any planning and design specifically directed in the House
report (H. Rept. 107 194) or the Senate report (S. Rept. 107 62).
LEGISLATIVE PROVISIONS ADOPTED
Authorized Navy construction and land acquisition projects (sec. 2201)
The Senate bill contained a provision (sec. 2201) that would
authorize Navy construction projects for fiscal year 2002. The
authorized amounts are listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec. 2201).
The conference agreement includes this provision.
The authorized amounts are listed on an installation-by-installation
basis. The state list of projects contained in this report provides the
binding list of specific projects authorized at each location.
Family housing (sec. 2202)
The Senate bill contained a provision (sec. 2202) that would
authorize new construction and planning and design of family housing
units for the Navy for fiscal year 2002. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec. 2202).
The conference agreement includes this provision.
The authorized amounts are listed on an installation-by-installation
basis. The state list of projects contained in this report provides the
binding list of specific projects authorized at each location.
Improvements to military family housing units (sec. 2203)
The Senate bill contained a provision (sec. 2203) that would
authorize improvements to existing units of family housing for fiscal
year 2002.
The House amendment contained a similar provision (sec. 2203).
The conference agreement includes this provision and includes
funding for the additional housing improvements contained in the House
amendment.
Authorization of appropriations, Navy (sec. 2204)
The Senate bill contained a provision (sec. 2204) that would
authorize specific appropriations for each line item in the Navy's
budget for fiscal year 2002. This section would also provide an overall
limit on the amount the Navy may spend on military construction
projects.
The House amendment contained a similar provision (sec. 2204).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year
2001 projects (sec. 2205)
The Senate bill contained a provision (sec. 2205) that would amend
section 2201(a) of the Military Construction Act for Fiscal Year 2001
(division B of Public Law 106 398; 114 Stat. 1654A 395) to correct the
funding authorization for the Naval Shipyard, Bremerton, Puget Sound,
Washington, from $100,740,000 to $102,460,000, and for Naval Station,
Bremerton, Washington, from $11,930,000 to $1,930,000. The provision
would also correct the total funding authorized for construction
projects inside the United States from $811,497,000 to $803,217,000.
The House amendment contained no similar provision.
The House recedes with an amendment that would increase the
authorization for Industrial Skills Center, Puget Sound Naval Shipyard
from $20,280,000 to $24,000,000. The amendment would also reduce the
fiscal year 2001 authorization of appropriations for planning and design
by $19.6 million to reflect the rescission of unobligated balances of
this amount in the Military Construction Appropriations Act, 2002
(Public Law 107 64), and would make certain conforming changes.
Modification of authority to carry out certain fiscal year
2000 project (sec. 2206)
The Senate bill contained a provision (sec. 2206) that would amend
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106 65) to increase the total project
authorization for the headquarters facility for the Commander in Chief
of the Pacific Fleet at Camp Smith, Hawaii by $3.0 million.
The House amendment contained a similar provision.
The House recedes.
TITLE XXIII--AIR FORCE
Overview
The Senate bill would authorize $2,587.8 million for Air Force
military construction and family housing programs for fiscal year 2002.
The House amendment would authorize $2,526.0 million for this purpose.
The conferees recommend authorization of appropriations of $2,573.1
million for Air Force military construction and family housing for
fiscal year 2002.
The conferees agree to general reductions of $48.4 million in the
Air Force military construction and military family housing accounts.
The reductions are to be achieved through savings from favorable bids,
reduction in overhead costs, and cancellation of projects due to force
structure changes. The general reductions shall not cancel any military
construction authorized by Title XXIII of this Act.
The conference agreement provides the planning and design funds
needed to execute the construction projects authorized by this Act as
well as any planning and design specifically directed in the House
report (H. Rept. 107 194) or the Senate report (S. Rept. 107 62).
LEGISLATIVE PROVISIONS ADOPTED
Authorized Air Force construction and land acquisition
projects (sec. 2301)
The Senate bill contained a provision (sec. 2301) that would
authorize Air Force construction projects for fiscal year 2002. The
authorized amounts are listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec. 2301).
The conference agreement includes this provision.
The authorized amounts are listed on an installation-by-installation
basis. The state list of projects contained in this report provides the
binding list of specific projects authorized at each location.
Family housing (sec. 2302)
The Senate bill included a provision (sec. 2302) that would
authorize new construction and planning and design of family housing
units for the Air Force for fiscal year 2002. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec. 2302).
The conference agreement includes this provision.
The authorized amounts are listed on an installation-by-installation
basis. The state list of projects contained in this report provides the
binding list of specific projects authorized at each location.
Improvements to military family housing units (sec. 2303)
The Senate bill contained a provision (sec. 2303) that would
authorize improvements to existing units of family housing for fiscal
year 2002.
The House amendment contained a similar provision (sec. 2303).
The conference agreement includes this provision and includes
funding for the additional housing improvements contained in the Senate
bill and the House amendment.
Authorization of appropriations, Air Force (sec. 2304)
The Senate bill contained a provision (sec. 2304) that would
authorize specific appropriations for each line item in the Air Force
budget for fiscal year 2002. This section would also provide an overall
limit on the amount the Air Force may spend on military construction
projects.
The House amendment contained a similar provision (sec. 2304).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year
2001 projects (sec. 2305)
The Senate bill contained a provision (sec. 2305) that would amend
section 2302(a) of the Military Construction Act for Fiscal Year 2001
(division B of Public Law 106 398; 114 Stat. 1654A 400) to correct the
number of family housing units authorized for construction at Mountain
Home Air Force Base, Idaho, from 119 units to 46 units.
The House amendment contained a provision (sec. 2305) that would
amend the table in section 2301 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of Public Law 106
398) to provide for an increase in the amounts authorized for military
construction at McGuire Air Force Base, New Jersey.
The House recedes to the Senate provision. The Senate recedes to the
House provision.
TITLE XXIV--DEFENSE AGENCIES
Overview
The Senate bill would authorize $905.8 million for Defense Agencies
military construction and family housing programs for fiscal year 2002,
and an additional $592.2 million for base closure activities.
The House amendment would authorize $885.0 million for Defense
Agencies military construction and family housing programs and $532.2
million for base closure activities.
The conferees recommend authorization of appropriations of $848.5
million for Defense Agencies military construction and family housing
for fiscal year 2002. The conferees also recommend authorization of
appropriations of $632.7 million for base closure activities.
The conferees agree to a general reduction of $17.6 million in the
authorization of appropriations for the Defense Agencies military
construction account. The general reduction is to be achieved through
savings from favorable bids and reductions in overhead costs. The
conferees further agree to a general reduction of $10.0 million in the
authorization of appropriations for planning and design for the chemical
demilitarization program. The reduction to the entire chemical
demilitarization program is based on unobligated prior year funds. The
conferees do not intend this reduction to interfere with timely
compliance with the Chemical Weapons Convention. The general reductions
shall not cancel any military construction projects authorized by Title
XXIV of this Act.
The conference agreement provides the planning and design funds
needed to execute the construction projects authorized by this Act as
well as any planning and design specifically directed in the House
report (H. Rept. 107 194) or the Senate report (S. Rept. 107 62).
LEGISLATIVE PROVISIONS ADOPTED
Authorized Defense Agencies construction and land acquisition
projects (sec. 2401)
The Senate bill contained a provision (sec. 2401) that would
authorize Defense Agencies construction projects for fiscal year 2002.
The authorized amounts are listed on an installation-by-installation
basis.
The House amendment contained a similar provision (sec. 2401).
The conference agreement includes this provision.
The authorized amounts are listed on an installation-by-installation
basis. The state list contained in this report is intended to be the
binding list of the specific projects authorized at each location.
Energy conservation projects (sec. 2402)
The Senate bill contained a provision (sec. 2402) that would
authorize the Secretary of Defense to carry out energy conservation
projects.
The House amendment contained a similar provision.
The Senate recedes with a technical amendment.
Authorization of appropriations, Defense Agencies (sec. 2403)
The Senate bill contained a provision (sec. 2403) that would
authorize specific appropriations for each line item in the Defense
Agencies' budgets for fiscal year 2002. This section would also provide
an overall limit on the amount the Defense Agencies may spend on
military construction projects.
The House amendment contained a similar provision (sec. 2403).
The conference agreement includes this provision.
Cancellation of authority to carry out certain fiscal year
2001 projects (sec. 2404)
The Senate bill contained a provision (sec. 2404) that would amend
the Military Construction Authorization Act for Fiscal Year 2001
(division B of Public Law 106 398) to cancel the project authorizations
for four TRICARE Management Agency medical/dental clinic and support
facility projects at Camp Pendleton, California since the funds
authorized in fiscal year 2001 were used for payment of a claim related
to the construction of the Portsmouth Naval Hospital, Virginia. These
projects would be authorized for fiscal year 2002 in section 2403 of
this Act.
The House amendment contained a provision (sec. 2404) that would
amend the table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of Public Law 106
398) to provide for an increase in the amounts authorized for
construction at Marine Corps Base, Camp Pendleton, California.
The House recedes with an amendment that would reduce the fiscal
year 2001 project authorization and the authorization of appropriations
for military construction for a national missile defense system by $55.0
million to reflect the administration's proposal in the fiscal year 2002
budget to build any facilities related to ballistic missile defenses
with research and development funds rather than military construction
funds.
Modification of authority to carry out certain fiscal year
2000 projects (sec. 2405)
The Senate bill contained a provision (sec. 2406) that would amend
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106 65) to increase the project authorization
for a chemical demilitarization facility at Blue Grass Army Depot,
Kentucky by $47.2 million and the authorization for a hospital at Fort
Wainwright, Alaska by $82.0 million.
The provision would also cancel the project authorization for an
aircrew water survival training facility at Whidbey Island Naval Air
Station, Washington since the funds authorized in fiscal year 2000 were
used for payment of a claim related to the construction of the
Portsmouth Naval Hospital, Virginia. This project would be authorized
for fiscal year 2002 in section 2403 of this Act.
The House amendment contained a provision (sec. 2405) that would
amend the table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106 65)
to provide for an increase in the amounts authorized for construction at
Naval Air Station, Whidbey Island, Washington and Blue Grass Army Depot,
Kentucky.
The House recedes with a technical amendment.
Modification of authority to carry out certain fiscal year
1999 project (sec. 2406)
The Senate bill contained a provision (sec. 2407) that would amend
the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105 261) to increase the project authorization
for a chemical demilitarization facility at Aberdeen Proving Ground,
Maryland by $37.6 million.
The House amendment contained a similar provision.
The Senate recedes.
Modification of authority to carry out certain fiscal year
1995 project (sec. 2407)
The Senate bill contained a provision (sec. 2408) that would amend
the table in section 2401 of the Military Construction Authorization Act
for Fiscal Year 1995 (division B of Public Law 103 337; 108 Stat. 3040),
as amended, to increase the funding for Chemical Weapons and Munitions
Destruction facilities at Pine Bluff, Arkansas, by $23.0 million.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Procedures for the Department of Defense
The conferees agree to authorize a round of base realignment and
closure for the Department of Defense in 2005. The conference agreement
modifies the procedures used in the 1991, 1993 and 1995 rounds as
described below.
Recommendations by the Secretary
With respect to the recommendations of the Secretary of Defense, the
conferees have modified the process used in prior rounds as follows.
The force structure plan submitted by the Secretary of Defense with
the fiscal year 2005 budget would include detailed information on
probable end-strength and force levels for the military services,
including major ground combat units, combatant vessels and air wings.
The Secretary would be required to review every type of installation and
to take into account the anticipated need for and availability of
overseas installations in the future.
The Secretary would be permitted to submit a revised force structure
plan with the fiscal year 2006 budget.
The Secretary would be required to include with the force structure
plan: an inventory of military installations; a description of the
categories of excess infrastructure; and an economic analysis of the
options for eliminating or reducing that excess infrastructure,
including potential efficiencies from joint use and tenancy of military
installations by more than one service.
The Secretary would be required to certify, when the force structure
plan and infrastructure inventory are submitted, whether the need exists
for closure or realignment of additional military installations and, if
such need exists, that a round of such closures and realignments in 2005
would produce annual net savings within six years. If the Secretary
failed to provide this certification, the process for closure or
realignment of installations under the provisions of this Act for 2005
would be terminated.
The conferees have specified factors that must be evaluated and
incorporated in the Secretary's final list of criteria, including the
military value of installations for both the preservation of land for
traditional warfighting missions and the preservation of installations
for homeland defense. However, the Secretary is not limited to the
criteria contained in this Act. Any selection criteria relating to the
cost or savings of proposed closures would have to take into account the
impact of the closure on other federal agency operations on that
installation.
The General Accounting Office would be required to submit to
Congress an evaluation of the force structure plan, the installation
inventory and the selection criteria.
Consideration of the Secretary's proposal by the commission
With respect to the proceedings of the commission, the conferees
agree to the following changes.
The number of commissioners for the 2005 round would be increased
from eight to nine.
The commission would have 48 hours rather than 24 hours to provide
information received from certain individuals of the Department of
Defense to the Congress.
The Secretary of Defense would be given an opportunity to testify
before the commission on changes proposed by the commission to the
Secretary's recommendations.
Prior to any decision to add an installation not proposed to be
closed or realigned by the Secretary to the list of installations to be
considered for closure or realignment by the commission, the commission
would be required to give the Secretary 15 days to submit an explanation
of why the Secretary did not propose that installation for closure or
realignment. A decision to add that installation to the list of
installations being considered would then have to be supported by at
least seven commissioners.
Privatization in place of closed or realigned facilities would be
prohibited unless it was specifically recommended by the commission and
determined to be the most cost-effective option.
Disposal of property
With respect to the disposal of property from closed or realigned
facilities, the conferees have modified the process as follows.
The conference agreement would require the Secretary of Defense to
obtain fair market value for economic development conveyances in most
cases, unless the Secretary determines the circumstances warrant a
below-cost or no-cost conveyance.
The conferees agree to allow the Secretary to recommend that an
installation be placed in an inactive or caretaker status if the
Secretary determines that the installation may be needed in the future
for national security purposes, but is not needed at the present time,
or that retention of the installation by the Department of Defense is
otherwise in the interests of the United States.
The conferees agree to allow payment to a local redevelopment
authority for services provided on property leased back by the United
States.
The DOD would be authorized to pay to the recipient of the former
DOD property the amount by which the estimated cost to the recipient to
clean up a BRAC site exceeds the value of the property.
A Department of Defense Closure Account 2005 would be created to
fund the costs of implementing any closures or realignments from the
2005 round.
Procedures for the Department of Energy
The conferees agree to authorize the Secretary of Energy to propose
facilities of the nuclear weapons complex for closure or realignment in
the 2005 BRAC round. The recommendations of the Secretary for closure or
realignment of facilities of the nuclear weapons complex, if any, would
be considered by the same commission that would also consider any
recommendations of the Secretary of Defense. The conferees urge the
President to nominate some individuals with knowledge of the operations
of the nuclear weapons complex to serve on the commission.
The procedures for evaluating facilities of the nuclear weapons
complex by the Secretary and the commission would generally follow those
used for Department of Defense facilities. However, the conferees have
modified those procedures, where appropriate, to reflect the differing
missions, types of facilities, and property disposal practices of the
respective Departments.
The Secretary would be required to provide an organizational plan
for the nuclear weapons complex sufficient to support the nuclear
weapons stockpile, the Naval Reactor Program and the non-proliferation
and national security activities. In preparing the plan, the Secretary
would take into consideration the Department of Defense Nuclear Posture
Review, the efficiencies and security benefits of consolidation and the
necessity to have a residual production capacity.
The Secretary would be required to certify, when the plan is
submitted, whether the need exists for closure or realignment of
facilities of the nuclear weapons complex and that, if such need exists,
a round of such closures and realignments in 2005 would produce annual
net savings within six years. If the Secretary failed to provide this
certification, the process for closure or realignment of installations
for the Department of Energy under the provisions of this Act for 2005
would be terminated.
Property at facilities of the nuclear weapons complex recommended
for closure by the commission would be disposed of under current
statutes providing for the disposal of property of the Department of
Energy and would not be subject to section 2905 of the Defense Base
Closure and Realignment Act of 1990.
A Nuclear Weapons Complex Closure Account 2005 would be created to
fund the costs of implementing any closures or realignments of
facilities of the nuclear weapons complex.
Prohibition on expenditures to develop forward operating
location on Aruba (sec. 2408)
The House amendment contained a provision (sec. 2408) that would
prohibit funds appropriated in chapter 3 of title II of the Emergency
Supplemental Appropriations Act, 2000 (Public Law 106 246) to be used by
the Secretary of Defense to develop any forward operating location of
the island of Aruba.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Cancellation of authority to carry out additional fiscal year
2001 project
The Senate bill contained a provision (sec. 2405) that would reduce
the fiscal year 2001 project authorization and the authorization of
appropriations for military construction for a national missile defense
system by $55.0 million to reflect the administration's proposal in the
fiscal year 2002 budget to build any facilities related to ballistic
missile defenses with research and development funds rather than
military construction funds.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agree to include this reduction in another provision
in this title.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Overview
The Senate bill, the House amendment, and the conference agreement
would all authorize $162.6 million for the U.S. contribution to the
North Atlantic Treaty Organization (NATO) Security Investment Program
for fiscal year 2002.
LEGISLATIVE PROVISIONS ADOPTED
Authorized NATO construction and land acquisition projects (sec. 2501)
The Senate bill contained a provision (sec. 2501) that would
authorize the Secretary of Defense to make contributions to the North
Atlantic Treaty Organization Security Investment program in an amount
equal to the sum of the amount specifically authorized in section 2502
of the Senate bill and the amount of recoupment due to the United States
for construction previously financed by the United States.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The Senate bill contained a provision (sec. 2502) that would
authorize appropriations of $162,600,000 as the United States
contribution to the North Atlantic Treaty Organization (NATO) Security
Investment Program.
The House amendment contained an identical provision.
The conference agreement includes this provision.
TITLE XXVI--GUARD AND RESERVE FACILITIES
Overview
The Senate bill would authorize $791.2 million for military
construction and land acquisition for fiscal year 2002 for the Guard and
Reserve components.
The House amendment would authorize $807.8 million for this purpose.
The conferees recommend authorization of appropriations of $942.0
million for military construction and land acquisition for fiscal year
2002. Funds are authorized for the Guard and Reserve Components as
follows:
Army National Guard $393,253,000
Air National Guard 253,852,000
Army Reserve 168,969,000
Naval and Marine Corps Reserve 52,896,000
Air Force Reserve 73,032,000
Total 942,002,000
The conference agreement provides the planning and design funds
needed to execute the construction projects authorized by this Act, as
well as any planning and design specifically directed in the House
report (H. Rept. 107 194) or the Senate report (S. Rept. 107 62).
ITEMS OF SPECIAL INTEREST
Improvement of National Guard infrastructure
The conferees are aware of the pressing problems facing state
National Guard facilities and the general need to improve aging
infrastructure, in particular deteriorated and unsafe roofs. The
conferees note the efforts in certain states, in particular those of the
Oklahoma National Guard, to develop plans to address this problem. The
conferees direct the Director of the National Guard Bureau to make every
effort to identify the necessary funding sources for roof replacement
and other critical infrastructure improvements to state guard
facilities.
Planning and design, Army National Guard
The report accompanying the House amendment, H.R. 2586, contained a
recommendation that within the amounts authorized for planning and
design for the Air National Guard, the Secretary of the Air Force
execute the following project: $1,331,000 for a joint headquarters
building at McEntire Air National Guard Base, South Carolina.
The conferees have been notified that the Army National Guard would
be the appropriate lead agency for the construction of the joint
headquarters. Therefore, the conferees agreed to revise the
recommendation of the House report and recommend that the Secretary of
the Army, within authorized amounts for planning and design, execute the
following project: $1,331,000 for a joint headquarters building at
McEntire Air National Guard, Base, South Carolina.
LEGISLATIVE PROVISIONS ADOPTED
Authorized guard and reserve construction and land
acquisition projects (sec. 2601)
The Senate bill contained a provision (sec. 2601) that would
authorize appropriations for military construction for the Guard and
Reserve by service component for fiscal year 2002.
The House amendment contained a similar provision (sec. 2601).
The conference agreement includes this provision. The state list of
projects contained in this report provides the binding list of specific
projects authorized at each location.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
LEGISLATIVE PROVISIONS ADOPTED
Expiration of authorizations and amounts required to be
specified by law (sec. 2701)
The Senate bill contained a provision (sec. 2701) that would provide
that authorizations for military construction projects, repair of real
property, land acquisition, family housing projects and facilities,
contributions to the North Atlantic Treaty Organization Security
Investment Program, and guard and reserve projects will expire on
October 1, 2004, or the date of enactment of an Act authorizing funds
for military construction for fiscal year 2005, whichever is later. This
expiration would not apply to authorizations for which appropriated
funds have been obligated before October 1, 2004, or the date of
enactment of an Act authorizing funds for these projects, whichever is
later.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 1999
projects (sec. 2702)
The Senate bill contained a provision (sec. 2702) that would extend
the authorization for certain fiscal year 1999 military construction
projects until October 1, 2002, or the date of the enactment of the Act
authorizing funds for military construction for fiscal year 2003,
whichever is later.
The House amendment contained a similar provision.
The House recedes.
Extension of authorizations of certain fiscal year 1998
projects (sec. 2703)
The Senate bill contained a provision (sec. 2703) that would extend
the authorization for certain fiscal year 1998 military construction
projects until October 1, 2002, or the date of the enactment of the Act
authorizing funds for military construction for fiscal year 2003,
whichever is later.
The House amendment contained a similar provision.
The Senate recedes with a technical amendment.
Effective date (sec. 2704)
The Senate bill contained a provision (sec. 2704) that would provide
that Titles XXI, XXII, XXIII, XXIV, XV, and XXVI of this bill shall take
effect on October 1, 2001, or the date of the enactment of this Act,
whichever is later.
The House amendment contained an identical provision.
The conference agreement includes this provision.
TITLE XXVIII--GENERAL PROVISIONS
ITEMS OF SPECIAL INTEREST
Remediation of former Fort Ord, California
The conferees are aware that two parcels of land at the former Fort
Ord, California, will be transferred at no cost to the City of Seaside,
California, for the purpose of providing recreational opportunities for
disadvantaged youth, once environmental remediation of the land is
complete. The conferees understand that the priority has been to
transfer the cleanest parcels on the former Fort Ord first, deferring to
the future the transfer of land possibly contaminated with unexploded
ordnance. Nevertheless, the conferees observe that Fort Ord was selected
for closure more than ten years ago and are disappointed that parcels
such as these, though encumbered with greater cleanup challenges, are
still pending remediation and transfer. The conferees endorse the
intended use of these parcels and urge the Secretary of the Army to
speed the environmental remediation.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Increase in thresholds for certain unspecified minor military
construction projects (sec. 2801)
The Senate bill contained a provision (sec. 2801) that would amend
section 2805 of title 10, United States Code to increase from $500,000
to $750,000 the cost threshold for an unspecified minor construction
project requiring approval by the service secretary concerned. The
provision would further amend section 2805 to increase the amount the
secretary concerned may spend from appropriated operation and
maintenance amounts for projects intended to correct deficiencies that
are a threat to life, health, or safety from $1.0 million to $1.5
million and for other unspecified minor construction projects from
$500,000 to $750,000.
The House amendment contained a similar provision.
The House recedes.
Exclusion of unforseen environmental hazard remediation from
limitation on authorized cost variations (sec. 2802)
The Senate bill contained a provision (sec. 2802) that would amend
section 2853 of title 10, United States Code, to exclude the cost
associated with unforseen environmental hazard remediation from the
limitation on cost increases in military construction projects. Costs
that could be excluded would include asbestos removal, radon abatement,
lead-based paint removal or abatement, and any other environmental
hazard remediation required by law that could not be reasonably
anticipated at the time the funding for the project was approved by the
Congress.
The House amendment contained a similar provision.
The Senate recedes with a technical amendment.
Repeal of annual reporting requirement on military
construction and military family housing activities (sec. 2803)
The Senate bill contained a provision (sec. 2803) that would repeal
a statutory requirement for an annual report to Congress on the status
of military construction and family housing projects and trends in the
funding for various aspects of military construction.
The House amendment contained a similar provision.
The Senate recedes.
Funds for housing allowances of members assigned to military
family housing under alternative authority for acquisition and
improvement of military housing (sec. 2804)
The Senate bill contained a provision (sec. 2805) that would
authorize the Secretary of Defense, to the extent provided in advance in
appropriations acts, during the year in which a contract is awarded for
a family housing privatization project, to reimburse the Military
Personnel appropriations account from the Family Housing Maintenance and
Operations appropriations the amounts necessary to offset the additional
cost of housing allowances that would be paid as a result of a housing
privatization project. The provision would also make certain technical
changes.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Extension of alternative authority for acquisition and
improvement of military housing (sec. 2805)
The House amendment contained a provision (sec. 2804) that would
amend section 2885 of title 10, United States Code, to make permanent
the authorities contained in subchapter 169 of title 10, United States
Code.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend the
authorities contained in subchapter 169 of title 10, United States Code
through December 31, 2012.
Treatment of financing costs as allowable expenses under
contracts for utility services from utility systems conveyed under
privatization initiative (sec. 2806)
The Senate bill contained a provision (sec. 2806) that would require
the Secretary of Defense to determine, within 90 days, whether or not
modifying the Federal Acquisition Regulation (FAR) is advisable so that
a contract for utility services may include terms and conditions that
recognize financing costs as an allowable expense when incurred in the
process of acquiring, operating, renovating, replacing, upgrading,
repairing and expanding the installation utility system. If within 180
days, the Federal Acquisition Regulatory Council has not modified the
FAR, the Secretary would be required to submit a report justifying such
action.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the Secretary
of Defense, if he determines that modifying the Federal Acquisition
Regulation is advisable, to request that the Federal Acquisition
Regulatory Council make the appropriate changes.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Use of military installations for certain recreational
activities (sec. 2811)
The House amendment contained a provision (sec. 2811) that would
amend section 2671 of title 10, United States Code, to allow the
Secretary of Defense to waive state or territory fish and game laws to
permit hunting, fishing, or trapping on military installations to
promote public safety or morale, welfare and recreation activities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize the
Secretary of Defense to waive state or territory fish and game laws
relating to hunting, fishing or trapping if such a waiver is required
for health or safety reasons at military installations and that would
require the Secretary of Defense to notify state officials 30 days prior
to implementing any such waiver.
Availability of proceeds of sales of Department of Defense
property from certain closed military installations (sec. 2812)
The Senate bill contained a provision (sec. 2811) that would
increase from 50 percent to 100 percent the share of the proceeds from
the sale of surplus Department of Defense property at closed
installations that may be used for infrastructure maintenance and
environmental restoration at other installations within the service that
operated the closed installation.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify that this
provision applies to proceeds of property that is disposed of other than
through the base realignment and closure statutes.
Pilot program to provide additional tools for efficient
operation of military installations (sec. 2813)
The Senate bill contained a provision (sec. 2812) that would
authorize the Secretary of Defense to carry out a pilot program to
determine the potential for increasing the efficiency and effectiveness
of the operation of military installations. The pilot program would
terminate four years after the date of enactment of this Act.
The provision would permit the Secretary to designate up to two
installations in each military department as participants in the
efficient facilities initiative. The Secretary would be required to
develop a management plan to carry out the initiative at each designated
installation and submit that plan to the Congress. The Secretary would
be required to identify any statutes or regulations he proposes to waive
under this authority. Such waivers would have to be enacted into law in
subsequent legislation before they would take effect.
Funds received by the military departments pursuant to this
authority would be deposited in an Installation Efficiency Project Fund,
which could be used to manage capital assets and provide support
services at installations participating in the initiative.
The House amendment contained no similar provision.
The House recedes with a technical amendment. The conferees agree
that the provisions of section 2461 of title 10, United States Code
would apply to any changes to Office of Management and Budget Circular A
76 that would be proposed under this authority.
Demonstration program on reduction in long-term facility
maintenance costs (sec. 2814)
The Senate bill contained a provision (sec. 2813) that would
authorize the Secretary of the Army to enter into no more than three
contracts in any fiscal year that would require the contractor to
maintain a facility constructed for the Army for up to the first five
years of operation of that facility and would include any costs for the
performance of such maintenance in the cost of construction of the
project. The demonstration program would be authorized for fiscal years
2002 through 2006.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the Secretary
of the Army to submit a report to the congressional defense committees
not later than January 31, 2005.
Base efficiency project at Brooks Air Force Base, Texas (sec. 2815)
The House amendment contained a provision (sec. 2812) that would
amend section 136 of the Military Construction Appropriations Act, 2001
(division A of Public Law 106 246) to authorize the Secretary of the Air
Force to provide environmental indemnification to the San Antonio
community and other persons for personal injury or property damage
resulting from environmental contamination resulting from Department of
Defense activities at Brooks Air Force Base. No indemnification would be
provided unless the person or entity making the claim provided the
required documentation. This section would authorize the Secretary to
settle or defend a claim for cases where the Secretary determines that
the Department of Defense may be required to make indemnification
payments.
The House amendment would also amend section 136(m)(9) of the
Military Construction Appropriations Act, 2001, to allow the Secretary
of the Air Force to delegate his authorities to officials in the Air
Force that have not been confirmed by the Senate.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the Secretary
of the Air Force to further delegate his authorities and would direct
the Secretary of Defense to evaluate the base efficiency project at
Brooks Air Force Base, Texas, and report to the Congress on whether the
effective implementation of this project requires additional authority
for the Secretary of the Air Force to indemnify the recipients of the
property against claims arising out of Department of Defense activities
on the property prior to disposal. The report would be submitted not
later than March 1, 2002. If the Secretary of Defense determines that
indemnification is appropriate, the report would include a
recommendation on the nature and extent of additional indemnification
the Secretary of Defense recommends be provided.
SUBTITLE C--IMPLEMENTATION OF DEFENSE BASE CLOSURES AND REALIGNMENTS
Lease Back of Base Closure Property (sec. 2821)
The House amendment contained a provision (sec. 2821) that would
amend the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100 526; section 2687 of title 10, United
States Code), which governs the 1988 round of base closures and 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) which governs the 1991, 1993
and 1995 rounds of base closures, to authorize the secretary concerned
to transfer real property at a closed or realigned military installation
to the redevelopment authority for the installation if the redevelopment
authority agrees, directly upon transfer, to lease one or more portions
of the property transferred to the secretary or to the head of another
department or agency of the Federal Government.
Such leases could not exceed 50 years and may not require rental
payments by the United States. This section would permit the use of the
leased property by the same or another department or agency of the
Federal Government if the original department concerned ceases requiring
the use of the lease.
The Senate bill contained a provision (sec. 2911) that would amend
the 1988 base closure authorities to allow payment to a local
redevelopment authority for services provided on property leased back by
the United States. Section 2903 of the Senate bill contained similar
language modifying the 1990 base closure authorities.
The Senate recedes with an amendment that would authorize the
department and agency concerned to obtain facility services for the
leased property, and common area maintenance for the redevelopment
authority or the redevelopment authority's assignees, as a provision of
the lease, but would require that contracts for such services be awarded
in compliance with Chapter 137 of title 10, United States Code.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Lease authority, Fort DeRussy, Hawaii (sec. 2832)
The Senate bill contained a provision (sec. 2844) that would permit
the Secretary of the Army to authorize the Army Morale, Welfare and
Recreation Fund to enter into an agreement for the construction of a
parking garage at Fort DeRussy, Hawaii. The agreement could be in the
form of a non-appropriated fund contract, conditional gift, or other
agreement determined by the fund to be appropriate for the construction
of the garage. The agreement may permit use of the garage by the general
public if the fund determines that it will be advantageous to the fund.
Amounts received by the fund would be treated as non-appropriated funds,
and would accrue to the benefit of the fund or its component funds.
The House amendment contained a provision (sec. 2833) that would
authorize the Secretary of the Army to enter into a lease with the City
of Honolulu, Hawaii for the purpose of making available to the City a
parcel of real property for the construction and operation of a parking
facility.
The Senate recedes with an amendment that would authorize the
Secretary of the Army to enter into a lease with the City and County of
Honolulu to allow the City and County to construct and operate a parking
facility. The amendment would also direct that any lease under this
section would not be subject to section 2667 of title 10, United States
Code and that all money rentals from the lease be retained by the
Secretary and credited to an account that supports the operation and
maintenance of Army facilities including Fort DeRussy. The conferees
expect the Secretary to ensure that an appropriate share of the revenues
is applied to support the activities and facilities at Fort DeRussy.
Modification of land exchange, Rock Island Arsenal, Illinois (sec. 2833)
The House amendment contained a provision (sec. 2831) that would
amend section 2832 of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of Public Law 106 398) by authorizing the
Secretary of the Army to transfer a parcel of real property of
approximately .513 acres to the City of Moline, Illinois. As
consideration for the transfer, the City would convey to the Secretary a
parcel of real property of approximately .063 acres to construct a new
access ramp for the Rock Island Arsenal, Illinois.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Land conveyance, Fort Des Moines, Iowa (sec. 2834)
The Senate bill contained a provision (sec. 2829) that would
authorize the Secretary of the Army to convey to Fort Des Moines
Memorial Park, Inc. approximately 4.6 acres located at the Fort Des
Moines United States Army Reserve Center. The conveyance would be for
the purpose of establishing the Fort Des Moines Memorial Park and
Education Center and would require the recipient to reimburse the
Secretary for any costs associated with the conveyance.
The House amendment contained no similar provision.
The House recedes with an amendment that would make technical
corrections and would clarify that the recipient of the property would
be required to reimburse the Secretary for any excess costs that result
from a request by the recipient for any environmental assessments or
other activities that result in additional costs to the Army beyond
those considered reasonable and necessary by the Secretary to convey the
property in compliance with existing law.
Modification of land conveyances, Fort Dix, New Jersey (sec. 2835)
The House amendment contained a provision (sec. 2832) that would
amend section 2835 of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105 85) to authorize the
exchange between the Borough of Wrightstown and the New Hanover Board of
Education, without the consent of the Secretary of the Army, of all or
any portion of the property conveyed so long as the property continues
to be used for economic or educational purposes.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia (sec. 2836)
The Senate bill contained a provision (sec. 2821) that would
authorize the Secretary of the Army to convey to the Commonwealth of
Virginia 11.45 acres located at the Engineer Proving Ground, Fort
Belvoir, Virginia for the purpose of constructing a portion of
Interstate Highway 95 through the Engineer Proving Ground, and 170 acres
for the purpose of constructing a portion of the Fairfax County Parkway
through the Engineer Proving Ground. The Commonwealth of Virginia would
agree to design and construct that portion of the Fairfax County Parkway
through the Engineer Proving Ground; design, for eventual construction,
the necessary access into the Engineer Proving Ground; provide utility
permits; and provide funding to replace an existing building located on
the property to be conveyed.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Land exchange and consolidation, Fort Lewis, Washington (sec. 2837)
The House amendment contained a provision (sec. 2834) that would
authorize the Secretary of the Army to convey two parcels of real
property, with improvements, consisting of approximately 138 acres at
Fort Lewis, Washington, to the Nisqually Tribe. As consideration for the
exchange, the Tribe shall acquire from Thurston County, Washington
several parcels of real property consisting of approximately 416 acres
and convey fee title to the Secretary. This section would authorize the
Secretary to convey to the Bonneville Power Administration a
right-of-way to permit the Administration to use the real property at
Fort Lewis as a route for the Grand Coulee-Olympia and Olympia-White
River electrical transmission lines. The cost of any survey would be
borne by the recipient of the property.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyance, Army Reserve Center, Kewaunee, Wisconsin (sec. 2838)
The Senate bill contained a provision (sec. 2832) that would
authorize the Administrator of the General Services Administration to
convey the former Army Reserve Center in Kewaunee, Wisconsin, to the
City of Kewaunee for public use. The provision includes a 20-year
reversionary clause and directs that, in the event of a reversion of the
property, the property shall be disposed of by public sale.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct that proceeds
received by the United States from the public sale of the property, in
the event that the property reverts to the United States, would be
deposited into the Land and Water Conservation Fund.
PART II--NAVY CONVEYANCES
Transfer of jurisdiction, Centerville Beach Naval Station,
Humbolt County, California (sec. 2841)
The House amendment contained a provision (sec. 2841) that would
authorize the Secretary of the Navy to transfer, without reimbursement,
to the administrative jurisdiction of the Secretary of the Interior the
real property with improvements consisting of the closed Centerville
Beach Naval Station in Humboldt County, California, for the purpose of
permitting the Secretary of the Interior to manage the real property as
open space or for other public purposes.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyance, Port of Long Beach, California (sec. 2842)
The conferees agree to include a provision that would authorize the
Secretary of the Navy to convey to the City of Long Beach, California,
up to 11 acres of real property, including any improvements, comprising
part of the Navy Mole pier at the former Long Beach Naval Complex, Long
Beach, California. In exchange, the City would convey to the Secretary a
parcel of real property of equal size at the same pier that is
acceptable to the Secretary, and would construct suitable replacement
fuel transfer and storage facilities on the conveyed property as
determined necessary by the Secretary. The Secretary would not be
authorized to make the conveyance until he determines that the City has
constructed suitable replacement facilities and that they are ready for
use. The provision would authorize the Secretary to convey the parcel of
real property and improvements at no cost if he determines prior to the
conveyance that the Department of the Navy does not require replacement
fuel transfer and storage facilities.
Conveyance of Pier, Naval Base, San Diego, California (sec. 2843)
The conferees agree to include a provision that would authorize the
Secretary of the Navy to convey, without consideration, Pier 11A and
associated structures and interests in underlying land located at Naval
Base, San Diego to the San Diego Aircraft Carrier Museum or its
designee. The conveyance would be contingent upon the recipient
obtaining permission from the State of California or the appropriate
political subdivision to use the property to berth a vessel and operate
a museum for the general public. The recipient of the property would be
required to reimburse the Secretary for any excess costs that result
from a request by the recipient for any environmental assessments or
other activities that result in additional costs to the Navy beyond
those considered reasonable and necessary by the Secretary to convey the
property in compliance with existing law. Any funds collected by the
Secretary as reimbursement for administrative expenses of the conveyance
would be credited to the appropriation, fund, or account from which the
expenses were paid and would be available for the same purpose and
subject to the same limitation.
The provision would require that the recipient accept any liability
pertaining to the property's physical condition and hold the Federal
Government harmless from such liability.
Modification of authority for conveyance of Naval Computer
and Telecommunications Station, Cutler, Maine (sec. 2844)
The Senate bill contained a provision (sec. 2822) that would make
certain technical corrections to section 2853(a) of the Military
Construction Act for Fiscal Year 2001 (division B of Public Law 106 398:
114 Stat. 1654A) to clarify that all or part of the specified property
may be conveyed.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Land transfer and conveyance, Naval Security Group Activity,
Winter Harbor, Maine (sec. 2845)
The Senate bill contained a provision (sec. 2823) that would
authorize the Secretary of the Navy to transfer administrative
jurisdiction of a parcel of real property consisting of approximately 26
acres located at the former facilities of the Naval Security Group
Activity in Winter Harbor, Maine to the Secretary of the Interior. The
transfer would be concurrent with the reversion of administrative
jurisdiction of approximately 71 acres from the Secretary of Navy to the
Secretary of Interior.
The provision would also authorize the Secretary of the Navy to
convey for public benefit purposes to the State of Maine, any political
subdivision of the State of Maine, or any tax-supported agency in the
State of Maine a parcel of real property and associated personal
property consisting of approximately 485 acres comprising the facilities
of the former Naval Security Group Activity at Winter Harbor. Prior to
the conveyance of the property, the Secretary of the Navy would be
authorized to lease all or part of the property. The Secretary would
credit any amount received for a lease of real property to the
appropriate account providing funds for the operation and maintenance of
the property or for procurement of utilities.
The House amendment contained a similar provision (sec. 2845).
The House recedes with an amendment that would make technical
corrections and would require that the proceeds from any lease be
distributed under current law. The amendment would also clarify that the
recipient of the property would be required to reimburse the Secretary
for any excess costs that result from a request by the recipient for any
environmental assessments or other activities that result in additional
costs to the Navy beyond those considered reasonable and necessary by
the Secretary to convey the property in compliance with existing law.
Land acquisition, Perquimans County, North Carolina (sec. 2846)
The Senate bill contained a provision (sec. 2831) that would
authorize the Secretary of the Navy to acquire approximately 240 acres
in Perquimans County, North Carolina. The purpose of the acquisition
would be to provide a buffer zone for the Harvey Point Defense Testing
Activity, Hertford, North Carolina.
The House amendment contained no similar provision.
The House recedes.
Land conveyance, Naval Weapons Industrial Reserve Plant,
Toledo, Ohio (sec. 2847)
The Senate bill contained a provision (sec. 2826) that would
authorize the Secretary of the Navy to convey, without consideration, to
the Toledo-Lucas County Port Authority, Ohio a parcel of real property
consisting of approximately 29 acres comprising the Naval Industrial
Reserve Plant in Toledo, Ohio. The Secretary would be authorized to
convey such facilities, equipment, fixtures and other personal property
located or based on the parcel that the Secretary considers excess to
the Navy.
The provision would also permit the Secretary to lease the property
to the Port Authority before the conveyance takes place and would
require as conditions of the conveyance that the Port Authority accept
all property in its current condition at the time of conveyance or
lease, and that the property be used for economic development. The Port
Authority would be authorized to sublease the facility with the prior
approval of the Secretary.
The House amendment contained a similar provision (sec. 2842).
The House recedes with an amendment that would clarify that the
recipient of the property would be required to reimburse the Secretary
for any excess costs that result from a request by the recipient for any
environmental assessments or other activities that result in additional
costs to the Navy beyond those considered reasonable and necessary by
the Secretary to convey the property in compliance with existing law.
Modification of land conveyance, former United States Marine
Corps Air Station, Eagle Mountain Lake, Texas (sec. 2848)
The House amendment contained a provision (sec. 2844) that would
amend section 5 of Public Law 85 258, to permit the Texas Military
Facilities Commission to use funds acquired through the leasing of Eagle
Mountain Lake National Guard Training Site for other Texas National
Guard facilities.
The Senate bill contained no similar provision.
The Senate recedes.
PART III--AIR FORCE CONVEYANCES
Conveyance of avigation easements, former Norton Air Force
Base, California (sec. 2851)
The House amendment contained a provision (sec. 2867) that would
direct the Administrator of General Services to convey to the Inland
Valley Development Agency the avigation easements APN 289 231 08 and APN
289 232 08.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct, as a
condition of conveyance, that if the Inland Valley Development Agency
sells one or both easements within 10 years of conveyance, the Agency
shall pay the United States an amount equal to the lesser of the sale
price of the easement or the fair market value of the easement.
Reexamination of land conveyance, Lowry Air Force Base,
Colorado (sec. 2852)
The House amendment contained a provision (sec. 2852) that would
direct the Secretary of the Air Force to reevaluate the terms and
conditions of the pending negotiated sale agreement at Lowry Air Force
Base, Colorado with the Lowry Redevelopment Authority for certain real
property in light of changed circumstances regarding the property. The
reexamination shall determine whether changed circumstances warrant a
reduction in the amount of consideration otherwise required under the
agreement or other modifications to the agreement.
The Senate bill contained no similar provision.
The Senate recedes.
Water rights conveyance, Andersen Air Force Base, Guam (sec. 2853)
The House amendment contained a provision (sec. 2851) that would
authorize the Secretary of the Air Force to convey water rights related
to the Air Force properties Andy South, also known as the Andersen
Administrative Annex; Marianas Bonis Base Command; and Andersen Water
Supply Annex, also known as the Tumon Water Well or the Tumon Maui Well,
located on Guam. The Secretary may exercise authority under certain
specified conditions. This section would authorize the Secretary, if he
determines that it is in the best interest of the United States to
transfer title to the water rights and utility system before a
replacement water system is in place, to require that the United States
have the primary right to all water produced from Andy South and
Andersen Water Supply Annex. The Secretary may authorize the conveyee of
the water system to sell to public or private entities such water from
Andersen Air Force Base as the Secretary determines to be excess to the
needs of the United States.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees expect the Secretary of the Air Force to follow the
reporting requirements of section 2688 of title 10, United States Code
with respect to this conveyance.
Conveyance of segment of Loring Petroleum Pipeline, Maine,
and related easements (sec. 2854)
The Senate bill contained a provision (sec. 2824) that would
authorize the Secretary of the Air Force to convey to the Loring
Development Authority, Maine, a segment of approximately 27 miles of the
Loring Petroleum Pipeline, along with related easements. The provision
would require the Loring Development Authority to reimburse the
Secretary for any environmental assessment, study, analysis or other
expenses incurred for the conveyance.
The House amendment contained no similar provision.
The House recedes with an amendment that would make technical
corrections and would clarify that the recipient of the property would
be required to reimburse the Secretary for any excess costs that result
from a request by the recipient for any environmental assessments or
other activities that result in additional costs to the Air Force beyond
those considered reasonable and necessary by the Secretary to convey the
property in compliance with existing law.
Land conveyance, petroleum terminal serving former Loring Air
Force Base and Bangor Air National Guard Base, Maine (sec. 2855)
The Senate bill contained a provision (sec. 2825) that would
authorize the Secretary of the Air Force to convey to the Maine Port
Authority of the State of Maine the petroleum terminal at Mack Point in
Searsport, Maine for the purpose of economic development. The conveyance
may include a parcel of real property consisting of approximately 20
acres and comprising a portion of the petroleum terminal and any
additional fuel tanks, other improvements, and equipment located at the
43-acre parcel located adjacent to the petroleum terminal and currently
leased by the Secretary. The Secretary could not convey the 43 acres
until the lease expires and until the Secretary completes any
environmental remediation required by law.
As consideration for the conveyance, the Authority would lease to
the Air Force, at no cost for a period of no more than 25 years,
approximately one acre that constitutes the Aerospace Fuels Laboratory.
As part of the lease, the Authority would maintain around the real
property a zone free of improvements or encumbrances. The provision
would also require the Authority to reimburse the Secretary for the
costs incurred by the Secretary for any environmental assessment, study,
or analysis, or for any other expense incurred by the Secretary for the
conveyance.
The House amendment contained no similar provision.
The House recedes with an amendment that would make technical
corrections and would clarify that the recipient of the property would
be required to reimburse the Secretary for any excess costs that result
from a request by the recipient for any environmental assessments or
other activities that result in additional costs to the Air Force beyond
those considered reasonable and necessary by the Secretary to convey the
property in compliance with existing law.
Land conveyances, certain former Minuteman III ICBM
facilities in North Dakota (sec. 2856)
The Senate bill contained a provision (sec. 2830) that would
authorize the Secretary of the Air Force to convey to the State
Historical Society of North Dakota the launch facility designated
``November 33'' and the missile alert facility and launch control center
designated ``Oscar O'' located at Grand Forks Air Force Base, North
Dakota. The purpose of the conveyance would be to establish an
historical site. The provision would direct the Secretary of the Air
Force to consult with the Secretary of Defense and the Secretary of
State to ensure that the conveyance of the site is accomplished in
accordance with applicable treaties.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Land conveyances, Charleston Air Force Base, South Carolina (sec. 2857)
The Senate bill contained a provision (sec. 2828) that would
authorize the Secretary of the Air Force to convey approximately 24
acres at Charleston Air Force Base known as the Air Force Military
Family Housing Annex to the City of North Charleston and the State of
South Carolina. The conveyances would be for the purpose of road
construction and for municipal use.
The House amendment contained no similar provision.
The House recedes.
Transfer of jurisdiction, Mukilteo Tank Farm, Everett,
Washington (sec. 2858)
The Senate bill contained a provision (sec. 2827) that would modify
section 2866 of the Military Construction Authorization Act for Fiscal
Year 2001 to direct the Secretary of the Air Force to transfer
approximately 1.1 acres at the Mukilteo Tank Farm to the administrative
jurisdiction of the Secretary of Commerce for a research center for the
National Marine Fisheries Service. The provision would also make certain
technical corrections and provide certain authorities to the Secretary
of Commerce to exchange the property and would require the Secretary of
Commerce to convey the property to the Port of Everett after 12 years if
it is no longer required.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
SUBTITLE E--OTHER MATTERS
Management of the Presidio of San Francisco (sec. 2861)
The House amendment contained a provision (sec. 2863) that would
amend title I of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104 333) to authorize the Trust to make available to
lease certain housing units to persons designated by the Secretary of
the Army, within the Presidio of San Francisco, California. The monthly
amount charged by the Trust for the lease of a housing unit, including
utilities and municipal services, shall not exceed the monthly rate of
the basic allowance for housing. This section would also increase the
borrowing authority in section 104 of title I of division I of the
Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104
333) from $50.0 million to $150.0 million.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Transfer of jurisdiction for development of Air Force morale,
welfare, and recreation facility, Park City, Utah (sec. 2862)
The House amendment contained a provision (sec. 2861) that would
direct the Secretary of the Interior to transfer, without reimbursement,
administrative jurisdiction of a parcel of real property, including
improvements, consisting of approximately 35 acres located in Park City,
Utah to the Secretary of the Air Force. The transfer would be completed
not later than one year after the date of the enactment of this Act.
The House amendment would authorize the Secretary of the Air Force
to use the real property as the location for an armed forces recreation
facility to be developed using non-appropriated funds. In lieu of
developing the recreation facility on this site, the Secretary of the
Air Force could convey or lease the property to other entities in
exchange for other property that would be used as the site for the
recreation facility, and could lease the property selected as the site
for the recreation facility to another entity or enter into a contract
with another entity for the construction and operation of the recreation
facility as a mixed military and commercial facility.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize, rather
than require, the Secretary of the Interior to transfer the property,
that would exclude lands south of state Highway 248 that may be
contaminated from the transfer, and would also provide that the property
be transferred to allow for the development of an Air Force morale,
welfare and recreation facility rather than an armed forces recreation
facility.
The conferees direct the Secretary of the Air Force to ensure that
any morale, welfare and recreation facility constructed under the
authority of this section be operated primarily for the benefit of
military personnel and their families.
Alternative site for United States Air Force Memorial,
preservation of open space on Arlington Ridge Tract, and related land
transfer at Arlington National Cemetery, Virginia (sec. 2863)
The House amendment contained a provision (sec. 2862) that would
require the Secretary of Defense to offer to the Air Force Memorial
Foundation an option to use, without reimbursement, up to three acres of
the Arlington Naval Annex as the site for the construction of the Air
Force Memorial. Within 90 days after the date on which the Secretary of
Defense makes the offer, the Foundation would provide written notice to
the Secretary of the decision of the Foundation to accept or decline the
offer. If the Foundation accepted the offer, the Foundation would
relinquish all claims to the previously approved site for the memorial
on Arlington Ridge. If the Foundation declined the offer, the Foundation
could resume its efforts to construct the memorial on the Arlington
Ridge tract. Not later than two years after the date on which the
Foundation accepted the offer, and had made sufficient funds available
to construct the memorial, the Secretary, in coordination with the
Foundation, would remove all structures and prepare the Arlington Naval
Annex site for construction of the memorial. Upon removal of structures
and preparation of the property for use, the Secretary of Defense would
permit the Foundation to commence construction.
The House amendment would direct the Secretary of the Interior to
transfer, without reimbursement, to the Secretary of the Army
administrative jurisdiction over: most of an approximately 24-acre
parcel of land within the boundaries of Arlington National Cemetery
known as Section 29 for the purpose of providing additional land for
burial sites; and the Arlington Ridge tract in order to make up to 15
acres of additional land available for burial sites. The amendment would
also amend section 2902 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106 65) to prohibit
consideration of the Arlington Naval Annex property as a possible site
for a national military museum.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct the Secretary
of Defense to make available to the Air Force Memorial Foundation up to
three acres of the Naval Annex property for use as the location for the
Air Force Memorial. The three acres would be in lieu of the Arlington
Ridge tract and shall be the site of the memorial unless the Secretary
of Defense determines that constructing the Air Force Memorial on the
Naval Annex property is impracticable due to geological conditions at
the site. In the event construction at the Naval Annex site is
impracticable, the location of the memorial would revert to the
Arlington Ridge tract location. If the Foundation fails to commence
construction of the memorial within five years of the date of enactment
of this Act, the Secretary of Defense may revoke the authority to use
the Naval Annex property for the Air Force Memorial.
The amendment would require, upon notification by the Foundation
that it had accumulated sufficient funds to begin construction, the
Secretary of Defense to demolish and remove Wing 8 of the Naval Annex
and associated facilities and carry out environmental remediation and
such site preparation as the Secretary agreed to undertake, within two
years. The amendment would also designate the Department of the Army as
the executive agent for finding replacement facilities for the Ballistic
Missile Defense Organization, which currently occupies the facilities on
this site.
The amendment would direct the Secretary of the Interior to transfer
to the administrative jurisdiction of the Secretary of the Army 12
acres, known as the interment zone, as depicted in Map VI 4 on page VI
23 of the Concept Utilization Plan for Arlington National Cemetery dated
October 2000. The transferred property would be used by Arlington
National Cemetery for additional burial sites. The Secretary of the
Interior would be required to preserve in perpetuity the remaining
acreage of Section 29, including the portion known as the preservation
zone, as an appropriate backdrop and aesthetic setting for Arlington
House, The Robert E. Lee Memorial.
The amendment would also prohibit any new structures on the
Arlington Ridge tract and would specify that the only other land use to
be contemplated in the future for this site would be as additional
burial space for Arlington National Cemetery.
The amendment would also amend section 2881 of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106 65) to direct the Secretary of Defense to reserve no more
than four acres of the Naval Annex property, south of Columbia Pike, as
a site for memorials or museums that the Secretary of Defense considers
compatible with Arlington Cemetery and the Air Force Memorial.
The conferees direct the Secretary of Defense to provide a report to
Congress, prior to the date on which he transfers the three-acre parcel
on the Naval Annex site to the Secretary of the Army, providing his
determination as to whether construction of the Air Force Memorial on
this site, together with the public access required for the Memorial, is
consistent with the security requirements of the Pentagon and the Naval
Annex. If the Secretary determines this location is not fully consistent
with such security requirements, the Secretary shall include in his
recommendations the steps that should be taken to address any security
concerns.
Establishment of memorial to victims of terrorist attack on
Pentagon Reservation and authority to accept monetary contributions for
memorial and repair of Pentagon (sec. 2864)
The Senate bill contained a provision (sec. 2845) that would
authorize the Secretary of Defense to accept monetary contributions made
for the purpose of establishing a memorial or assisting in repair and
reconstruction of the Pentagon Reservation following the terrorist
attack that occurred on September 11, 2001. The funds would be deposited
in the Pentagon Reservation Maintenance Revolving Fund.
The House amendment contained a provision (sec. 1055) that would
authorize the Secretary of Defense to accept monetary contributions to
finance the repair and reconstruction of the Pentagon Reservation
following the terrorist attack that occurred on September 11, 2001. The
funds would be deposited in the Pentagon Reservation Maintenance
Revolving Fund.
The House recedes with an amendment that would authorize the
Secretary of Defense to establish the memorial and would direct that
contributions received could be used only for establishing a memorial or
to repair the damage to the Pentagon Reservation caused by the terrorist
attack.
Repeal of limitation on cost of renovation of Pentagon
Reservation (sec. 2865)
The Senate bill contained a provision (sec. 2842) that would repeal
section 2864 of the Military Construction Authorization Act for Fiscal
Year 1997 (division B of Public Law 104 210;110 Stat. 2806) limiting the
cost of renovating the Pentagon Reservation to $1.1 billion.
The House amendment contained no similar provision.
The House recedes.
Development of United States Army Heritage and Education
Center at Carlisle Barracks, Pennsylvania (sec. 2866)
The Senate bill contained a provision (sec. 2841) that would
authorize the Secretary of the Army to enter into a partnership with the
Military Heritage Foundation for the design, construction and operation
of a U.S. Army Heritage and Education Center at Carlisle Barracks,
Pennsylvania. The facility would provide research facilities,
classrooms, offices and associated activities for the study and storage
of artifacts. The Secretary would be authorized to accept funds from the
Heritage Foundation for the design and construction of the U.S. Army
Heritage and Education Center or to permit the Military Heritage
Foundation to contract for the design and construction of the facility.
The facility would become the property of the Department of the Army
upon the satisfaction of any and all financial obligations incurred by
the Military Heritage Foundation. The provision would also authorize the
Commandant of the U.S. Army War College, under regulations prescribed by
the Secretary, to accept gifts for the benefit of the United States Army
Heritage and Education Center.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify that the
design of the facility must be approved by the Secretary whether the
facility is constructed by the Army or by the Foundation.
Effect of limitation on construction of roads or highways,
Marine Corps Base, Camp Pendleton, California (sec. 2867)
The House amendment contained a provision (sec. 2864) that would
amend section 2851 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105 261), as amended, by
authorizing limitations of State law enacted after January 1, 2001 that
directly or indirectly prohibit or restrict the construction or approval
of a road or highway within the easements granted under this section at
Marine Corps Base, Camp Pendleton, California.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Establishment of World War II Memorial at additional location
on Guam (sec. 2868)
The House amendment contained a provision (sec. 2865) that would
amend section 2886 of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of Public Law 106 398) by authorizing the
establishment of an additional World War II Memorial on federal lands
near Yigo, Guam.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees expect that in establishing the additional memorial,
the Secretary of Defense shall apply the same minimal maintenance
criteria as required in the previous authorization.
Demonstration project for purchase of fire, security, police,
public works, and utility services from local government agencies (sec.
2869)
The House amendment contained a provision (sec. 2866) that would
amend section 816 of the National Defense Authorization Act for Fiscal
Year 1995, as amended by section 2873 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999, to extend the authority
for the purchase of services from local government agencies at Monterey,
California authorized under this project, other than fire-fighting and
police services, through fiscal year 2003.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend the authority
for the purchase of fire-fighting and police services through January
31, 2002, and would extend the authority for the purchase of other
services, including utilities and public works, through fiscal year
2003.
Report on future land needs of United States Military
Academy, New York, and adjacent community (sec. 2870)
The House amendment contained a provision (sec. 2868) that would
direct the Secretary of the Army to submit to the Congress not later
than February 1, 2002, a report evaluating various options by which the
Secretary may promote economic development in the Village of Highland
Falls, New York.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct the Secretary
of the Army to assess the land requirements of the United States
Military Academy and determine if any excess real property is available
for either transfer or lease to the Village of Highland Falls. The
Secretary would be required to report his findings to the Congress by
February 1, 2002.
Naming of Patricia C. Lamar Army National Guard Readiness
Center, Oxford, Mississippi (sec. 2871)
The Senate bill contained a provision (sec. 2843) that would name
the Oxford Army National Guard Readiness Center as the Patricia C. Lamar
Army National Guard Readiness Center.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Authority available for lease of property and facilities
under alternative authority for acquisition and improvement of military
housing
The Senate bill contained a provision (sec. 2804) that would amend
the authorities for lease or conveyance of property in connection with
military family housing privatization to allow the military departments
to use the authorities contained in section 2667 of title 10, United
States Code. This provision would provide additional flexibility for the
military departments to make use of the value of assets at one
installation for use at privatization projects at other installations.
The House amendment contained no similar provision.
The Senate recedes.
The conferees urge the Secretary of Defense to explore innovative
approaches to maximize the Department's fiscal and real property
resources in executing the housing privatization projects.
Land conveyance, Defense Fuel Support Point, Lynn Haven, Florida
The House amendment contained a provision (sec. 2853) that would
authorize the Secretary of the Air Force to convey to Florida State
University approximately 200 acres located at the Defense Fuel Support
Point, Lynn Haven, Florida. The purpose of the conveyance would be to
establish a National Coastal Research Center.
The Senate bill contained no similar provision.
The House recedes.
Payment for certain services provided by redevelopment
authorities for property leased back by the United States
The Senate bill contained a provision (sec. 2911) that would amend
the Defense Authorization Amendments and Base Closure and Realignment
Act (Public Law 100 526; section 2687 of title 10, United States Code)
that governs the 1988 round of base closures to authorize the secretary
concerned to transfer real property at a closed or realigned military
installation to the redevelopment authority for the installation, if the
redevelopment authority agrees, directly upon transfer, to lease one or
more portions of the property transferred to the secretary concerned or
to the head of another department or agency of the Federal Government.
The provision would also allow the United States to pay the
redevelopment authority for facility services and common area
maintenance.
The House amendment contained a similar provision (sec. 2821) that
would amend both the Defense Authorization Amendments and Base Closure
and Realignment Act and 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)
that governs the 1991, 1993 and 1995 rounds of base closures to provide
these authorities.
The Senate recedes.
The conferees agreed to include the amendments to both the 1998 and
1990 base closure laws in a single provision elsewhere in this Act.
Treatment of amounts received
The Senate bill contained a provision (sec. 2833) that would require
any proceeds received from the sale of a former Army Reserve Center in
Kewaunee, Wisconsin that would be authorized to be conveyed by section
2832 of the Senate bill to be deposited into the Land and Water
Conservation Fund in the event the property reverted to the United
States.
The House amendment contained no similar provision.
The Senate recedes. The conferees agreed to include this condition
in the provision authorizing the conveyance of the property in Kewaunee,
Wisconsin that is included in title XXVIII of this Act.
TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL
The House amendment contained a series of provisions (secs. 2901
2913) that would provide for the withdrawal of 110,000 acres to support
the expansion of the National Training Center (NTC) at Fort Irwin,
California.
The Senate bill contained no similar provision.
The Senate recedes with an amendment to the provision regarding
environmental compliance agreements (sec. 2906) as described below.
Short title (sec. 2901)
This provision would designate title XXIX of this Act as the ``Fort
Irwin Military Land Withdrawal Act of 2001.''
Withdrawal and reservation of lands for National Training
Center (sec. 2902)
This provision would withdraw approximately 110,000 acres of public
lands in San Bernardino County, California from general land laws and
would transfer jurisdiction of these lands to the Secretary of the Army
for military testing, training, and other defense-related purposes at
the NTC.
Map and legal description (sec. 2903)
This provision would require the Secretary of the Interior to
publish in the Federal Register the legal description of the lands
withdrawn and reserved by this title and to file a map and legal
description of such lands with the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives. These documents would also be available for public
inspection. The Secretary of the Army would be required to reimburse the
Secretary of the Interior for costs related to the implementation of
this provision.
Management of withdrawn and reserved lands (sec. 2904)
This provision would require the Secretary of the Army, during the
period of the withdrawal and reservation, to manage such lands for the
training and testing purposes specified in section 2902. However,
military use of the lands that result in ground disturbances would be
prohibited until the Secretary of the Army and the Secretary of the
Interior certify to Congress that there has been full compliance with
this title, the Endangered Species Act of 1973 (16 U.S.C 1531 et seq.),
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and other applicable laws. The Secretary of the Army would be authorized
to restrict public access on the withdrawn lands. The provision would
also require the Secretary of the Army to prepare and implement an
integrated natural resource management plan for the withdrawn lands, in
accordance with the Sikes Act (16 U.S.C. 670 et seq.), and to consult
with the National Aeronautics and Space Administration (NASA) regarding
potential disruptions to NASA operations.
Water rights (sec. 2905)
This provision would clarify that this title does not create any
water rights for the United States on the withdrawn lands. The provision
would not affect any water rights acquired or reserved by the United
States before the date of enactment of this Act.
Environmental compliance and environmental response
requirements (sec. 2906)
The conferees agreed to a provision that would require, rather than
permit, the Secretary of the Army and the Secretary of the Interior to
enter into such agreements as are necessary, appropriate, and in the
public interest to carry out the purposes of this title. Such agreements
should provide that the Secretary of the Army consult with the Secretary
of the Interior with respect to proposed and final response actions.
Such agreements should also provide that the Secretary of the Army
reimburse the Secretary of the Interior for any costs incurred by the
Secretary of the Interior as a result of the Army's activities on the
withdrawn and reserved lands.
West Mojave Coordinated Management Plan (sec. 2907)
This provision would urge the Secretary of the Interior to complete
the West Mojave Coordinated Management Plan not later than two years
after the date of enactment of this Act. The Secretary of the Interior
would ensure that this plan considers the impacts of this title. The
provision would also require the Secretary of the Interior to consult
with the Secretary of the Army and the Administrator of the National
Aeronautics and Space Administration on the development of the plan.
Release of wilderness study areas (sec. 2908)
This provision would determine that the public lands withdrawn under
this title have been adequately studied for wilderness designation.
Training activity separation from utility corridors (sec. 2909)
This provision would require that all military ground activity
training conducted on withdrawn lands remain at least 500 meters from
any existing utility system.
Duration of withdrawal and reservation (sec. 2910)
Under this provision, the withdrawal and reservation made by this
title would terminate 25 years after the date of the enactment of this
Act, unless otherwise extended, postponed, or affected by a delay in the
Secretary of the Interior in accepting jurisdiction.
Extension of initial withdrawal and reservation (sec. 2911)
This provision would require the Secretary of the Army, no later
than three years before the termination of the 25-year withdrawal, to
notify Congress and the Secretary of the Interior whether the Army has a
continuing military need for the withdrawn lands. If the Secretary of
the Army determines there is a continuing military need, the Secretary
of the Army shall consult with the Secretary of the Interior regarding
any adjustments in the allocation of land management responsibility and
file an application for an extension of the withdrawal and reservation
with the Secretary of the Interior. The provision would also authorize
the Secretary of the Army and the Secretary of the Interior to submit a
legislative proposal to Congress on the extension of the land
withdrawal. The legislative proposal would be accompanied by an analysis
of the environmental impacts, consistent with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Termination and relinquishment (sec. 2912)
Under this provision, if the Secretary of the Army determines that
there is no continuing military need for any withdrawn lands during the
first 22 years of the withdrawal period, the Secretary of the Army shall
notify the Secretary of the Interior of the intent to relinquish
jurisdiction over such lands. If the Secretary of the Interior accepts
jurisdiction, the Secretary shall publish in the Federal Register an
appropriate order terminating the withdrawal.
Delegation of Authority (sec. 2913)
This provision would authorize the Secretary of the Army and the
Secretary of the Interior to delegate the functions necessary to
implement this title.
TITLE XXX--REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS AND
PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX
Title XXIX of the Senate bill contained a series of provisions
(secs. 2901 2904) that would extend the authorities of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101 510, as amended) and authorize a new base realignment and closure
(BRAC) round in 2003.
Section 2901 of the Senate bill would extend the authorities of the
1990 Act, which expired after the 1995 BRAC round, to authorize a new
BRAC round in 2003 for the Department of Defense (DOD).
Section 2902 of the Senate bill would establish a separate account
to track the costs and savings of the 2003 round.
Section 2903 of the Senate bill would make substantive changes in
the 1990 Act that would apply to the 2003 round. This provision would:
increase the number of commissioners from eight to nine; require that
the selection criteria emphasize the military value of installations;
require that any selection criteria relating to the cost or savings of
proposed closures take into account the impact of the closure on other
federal agency operations on that installation; require the Secretary of
Defense to review every type of installation and to take into account
the anticipated need for and availability of overseas installations in
the future; and require the Secretary to consider any notice from a
local government that the government would approve of the closure of a
neighboring installation.
This section would also: give the commission an additional 24 hours
to provide information received from certain individuals to the
Congress; require that the Secretary of Defense be given an opportunity
to testify before the commission on changes made by the commission to
the Secretary's recommendations; prohibit privatization in place of
closed or realigned facilities unless it was specifically recommended by
the base closure commission and determined to be the most cost-effective
option; allow payment to a local redevelopment authority for services
provided on property leased back by the United States; and allow the DOD
to pay the difference to the recipient if the estimated cost to the
recipient to clean up a BRAC site exceeds the value of the property.
Section 2904 of the Senate bill would make technical and clarifying
changes to the 1990 Act.
The House amendment contained no similar provisions.
The House recedes with an amendment that would authorize an
additional BRAC round in 2005 rather than 2003 and make additional
changes to the process authorized under the 1990 Act for the 2005 round.
Unless specifically changed by the provisions of this Act, the 2005
BRAC round would operate under the authorities and requirements of the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101 510, as amended).
Procedures for the Department of Defense (secs. 3001 3007)
The conferees agree to authorize a round of base realignment and
closure for the Department of Defense in 2005. The conference agreement
modifies the procedures used in the 1991, 1993 and 1995 rounds as
described below.
Recommendations by the Secretary
With respect to the recommendations of the Secretary of Defense, the
conferees have modified the process used in prior rounds as follows.
The force structure plan submitted by the Secretary of Defense with
the fiscal year 2005 budget would include detailed information on
probable end-strength and force levels for the military services,
including major ground combat units, combatant vessels and air wings.
The Secretary would be required to review every type of installation and
to take into account the anticipated need for and availability of
overseas installations in the future.
The Secretary would be permitted to submit a revised force structure
plan with the fiscal year 2006 budget.
The Secretary would be required to include with the force structure
plan: an inventory of military installations; a description of the
categories of excess infrastructure; and an economic analysis of the
options for eliminating or reducing that excess infrastructure,
including potential efficiencies from joint use and tenancy of military
installations by more than one service.
The Secretary would be required to certify, when the force structure
plan and infrastructure inventory are submitted, whether the need exists
for closure or realignment of additional military installations and, if
such need exists, that a round of such closures and realignments in 2005
would produce annual net savings within six years. If the Secretary
failed to provide this certification, the process for closure or
realignment of installations under the provisions of this Act for 2005
would be terminated.
The conferees have specified factors that must be evaluated and
incorporated in the Secretary's final list of criteria, including the
military value of installations for both the preservation of training
areas for traditional warfighting missions and the preservation of
installations for homeland defense. However, the Secretary is not
limited to the criteria contained in this Act. Any selection criteria
relating to the cost or savings of proposed closures would have to take
into account the impact of the closure on other federal agency
operations on that installation.
The General Accounting Office would be required to submit to
Congress an evaluation of the force structure plan, the installation
inventory and the selection criteria.
Consideration of the Secretary's proposal by the commission
With respect to the proceedings of the commission, the conferees
agree to the following changes.
The number of commissioners for the 2005 round would be increased
from eight to nine.
The commission would have 48 hours rather than 24 hours to provide
information received from certain individuals of the Department of
Defense to the Congress.
Prior to any decision to add an installation not proposed to be
closed or realigned by the Secretary to the list of installations to be
considered for closure or realignment by the commission, the commission
would be required to give the Secretary 15 days to submit an explanation
of why the Secretary did not propose that installation for closure or
realignment. A decision to add that installation to the list of
installations being considered would then have to be supported by at
least seven commissioners.
The Secretary of Defense would be given an opportunity to testify
before the commission on changes proposed by the commission to the
Secretary's recommendations.
Privatization in place of closed or realigned facilities would be
prohibited unless it was specifically recommended by the commission and
determined to be the most cost-effective option.
Disposal of property
With respect to the disposal of property from closed or realigned
facilities, the conferees have modified the process as follows.
The conference agreement would require the Secretary of Defense to
obtain fair market value for economic development conveyances in most
cases, unless the Secretary determines the circumstances warrant a
below-cost or no-cost conveyance.
The conferees agree to allow the Secretary to recommend that an
installation be placed in an inactive or caretaker status if the
Secretary determines that the installation may be needed in the future
for national security purposes, but is not needed at the present time,
or that retention of the installation by the Department of Defense is
otherwise in the interests of the United States.
The DOD would be authorized to pay to the recipient of the former
DOD property the amount by which the estimated cost to the recipient to
clean up a BRAC site exceeds the value of the property.
A Department of Defense Closure Account 2005 would be created to
fund the costs of implementing any closures or realignments from the
2005 round.
Preparation of infrastructure plan for the nuclear weapons
complex (sec. 3008)
The conferees agree to a provision that would require the Secretary
of Energy to develop an infrastructure plan for the nuclear weapons
complex adequate to support the nuclear weapons stockpile, the Naval
Reactor Program and the non-proliferation and national security
activities. In preparing the plan, the Secretary would take into
consideration the Department of Defense Nuclear Posture Review, any
efficiencies and security benefits of consolidation, and the necessity
to have a residual nuclear weapons production capacity. The provision
would require the Secretary to submit the plan to Congress, along with
any implementing recommendations the Secretary considers appropriate,
including whether to establish a formal process by which a round of
closures and realignments should take place. Finally, the Secretary
would also be required to submit a legislative proposal if the Secretary
determines the need for additional legislative authority to implement
the Secretary's recommendations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Overview
Title XXXI authorizes appropriations for the atomic energy defense
activities of the Department of Energy (DOE) for fiscal year 2002,
including: the purchase, construction, and acquisition of plant and
capital equipment; research and development; nuclear weapons; naval
nuclear propulsion; environmental restoration and waste management;
operating expenses; and other expenses necessary to carry out the
purposes of the Department of Energy Organization Act (Public Law 95
91). The title would authorize appropriations in six categories:
national nuclear security administration; defense environmental
restoration and waste management; defense facilities closure projects;
defense environmental management privatization; other defense
activities; and defense nuclear waste disposal.
The budget request for atomic energy defense activities at the
Department of Energy totaled $13.4 billion, a 1.2 percent decrease from
the adjusted fiscal year 2001 level. Of the total amount requested: $5.3
billion would be for weapons activities; $773.7 million would be for
defense nuclear nonproliferation activities; $688.0 million would be for
naval reactors; $4.5 billion would be for defense environmental
restoration and waste management activities; $1.1 billion would be for
defense facilities closure projects; $141.5 million would be for defense
environmental management privatization; $527.6 million would be for
other defense activities; and $310.0 million would be for defense
nuclear waste disposal.
The conferees agree to authorize $14.1 billion for atomic energy
defense activities at the Department of Energy, an increase of $721.5
million to the budget request. The conferees agree to authorize $7.1
billion for the National Nuclear Security Administration (NNSA), an
increase of $344.3 million. Of the amount authorized for the NNSA: $5.3
billion would be for weapons activities, an increase of $43.5 million;
$688.0 million would be for naval reactors, the same as the budget
request; and $776.9 million would be for defense nuclear
nonproliferation, a $3.2 million increase to the budget request. The
conferees agree to authorize $6.2 billion for defense environmental
management activities, an increase of $435.2 million. The amount
authorized for defense environmental management would be: $4.9 billion
for defense environmental restoration and waste management, an increase
of $393.2 million; $1.1 billion for defense facilities closure projects,
an increase of $30.0 million; $959.7 million for site and project
completion, an increase of $47.7 million; $3.3 billion for post 2006
completion, an increase of $345.0 million; $216.0 million for science
and technology development, an increase of $20.0 million; $1.3 million
for excess facilities, the amount of the request; $355.8 million for
program direction, the amount of the request; and $153.5 million for
defense environmental management privatization, an increase of $12.0
million. The conferees agree to authorize $499.7 million for other
defense activities, a decrease of $28.0 million. The amount authorized
for other defense activities would include: $250.4 million for security
and emergency operations, a decrease of $18.8 million; $40.8 million for
the office of intelligence, the amount of the request; $46.0 million for
counterintelligence, a decrease of $0.4 million; $14.9 million for
independent oversight, the amount of the request; $113.3 million for
environmental safety and health, a decrease of $1.3 million; $20.0
million for worker and community transition, a decrease of $4.4 million;
$22.0 million for national security program administration support, a
decrease of $3.0 million; and $2.9 million for the office of hearings
and appeals, the amount of the request. The conferees agree to authorize
$280.0 million for defense nuclear waste disposal, a decrease of $30.0
million.
The following table summarizes the budget request and the conferees
recommendations:
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LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
National Nuclear Security Administration (sec. 3101)
The budget request included $6.8 billion for activities of the
Department of Energy National Nuclear Security Administration (NNSA),
subject to reductions and offsets.
The Senate bill contained a provision (sec. 3101) that would
authorize $7.4 billion for the activities of the NNSA, subject to
offsets and reductions.
The House amendment contained a similar provision (sec. 3101) that
would authorize, after reductions and offsets, $6.9 billion for the
activities of the NNSA.
The conferees agree to include a provision that would authorize,
after reductions and offsets, $7.1 billion for the activities of the
NNSA. The amounts authorized for the individual program lines reflect
the full amount authorized for each program line without the reductions
and offsets. The offsets and reductions are included in paragraphs
(1)(E) and (2)(G) of this provision. The conferees have included the
reduced total amount for the NNSA for convenience only. The total amount
authorized is the sum total of the individual program lines. The
conferees note that each program is authorized at the full amount
reflected in the individual program line prior to application of
reductions and offsets.
The conferees agree to combine the program direction accounts for
weapons activities and nonproliferation and national security with the
funds for the Office of the Administrator of the NNSA in order to create
a single account reflecting the efforts of the Administrator to have a
more unified NNSA. Not included in this account, however, are the
program direction accounts for the Naval Reactors activities and the
program direction account for the secure transportation asset.
The conferees also agree to include $200.0 million for a new account
for facilities and infrastructure improvements at the NNSA sites.
Defense environmental restoration and waste management (sec. 3102)
The budget request included $5.6 billion for environmental
management activities, including defense facilities closure projects,
subject to reductions and offsets.
The Senate bill contained a provision (sec. 3102) that would
authorize, subject to offsets and reductions, $6.0 billion for
environmental management activities, including defense facilities
closure projects.
The House amendment contained a similar provision (sec. 3102) that
would authorize $4.6 billion for defense environmental restoration and
waste management activities, after offsets and reductions, but not
including closure projects. An additional $1.0 billion was authorized
separately for closure projects.
The conferees agree to include a provision that would authorize,
after reductions and offsets, $6.0 billion for defense environmental
management activities, including defense facilities closure projects.
The amounts authorized for individual program lines reflect the full
amount authorized for each program line without the reductions and
offsets. The offsets and reductions are included in subsection (b) of
this provision. The conferees have included the reduced total amount for
convenience only. The total amount authorized is the sum total of the
individual program lines. The conferees note that each program is
authorized at the full amount reflected in the individual program line
prior to application of reductions and offsets.
Other defense activities (sec. 3103)
The budget request included $538.3 million for other defense
activities, subject to reductions and offsets.
The Senate bill contained a provision (sec. 3103) that would
authorize $512.2 million for other defense activities, subject to
reductions and offsets.
The House amendment contained a provision (sec. 3103) that would
authorize $502.1 million, after reductions and offsets.
The conferees agree to include a provision that would authorize,
after reductions and offsets, $499.7 million for other defense
activities. The amounts authorized for individual program lines reflect
the full amount authorized for each program line without the reductions
and offsets. The offsets and reductions are included in subsection (b)
of this provision. The conferees have included the reduced total amount
for convenience only. The total amount authorized is the sum total of
the individual program lines. The conferees note that each program is
authorized at the full amount reflected in the individual program lines
prior to application of reductions and offsets.
Defense environmental management privatization (sec. 3104)
The budget request included $141.5 million for defense environmental
management privatization projects.
The Senate bill contained a provision (sec. 3104) that would
authorize $157.5 million for defense environmental management
privatization projects.
The House amendment contained a provision (sec. 3104) that would
authorize $126.2 million for defense environmental management
privatization projects.
The conferees agree to authorize $153.5 million for defense
environmental management privatization accounts.
Defense nuclear waste disposal (sec. 3105)
The budget request included $310.0 million for defense nuclear waste
disposal.
The Senate bill contained a provision (sec. 3105) that would
authorize $250.0 million for defense nuclear waste disposal.
The House amendment contained a provision (sec. 3105) that would
authorize $310.0 million for defense nuclear waste disposal.
The conferees agree to authorize $280.0 million for defense nuclear
waste disposal.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Reprogramming (sec. 3121)
The House amendment contained a provision (sec. 3121) that would
prohibit the reprogramming of funds excess of the amount authorized for
the program until the Secretary of Energy has notified the congressional
defense committees and a period of 30 days has elapsed after the date on
which the notification is received.
The Senate bill contained a similar provision (sec. 3121).
The Senate recedes with a technical amendment.
The conferees note that this provision significantly limits the
ability of the Department of Energy (DOE) to reprogram funds and urge
the DOE to work with the congressional defense committees to
re-establish an internal reprogramming process.
Limits on minor construction projects (sec. 3122)
The Senate bill contained a provision (sec. 3122) that would
authorize the Secretary of Energy to carry out minor construction
projects using operation and maintenance funds, or facilities and
infrastructure funds, if the total estimated cost of the minor
construction project does not exceed $5.0 million. In addition, the
provision would require the Secretary to submit an annual report
identifying each minor construction project undertaken during the
previous fiscal year.
The House amendment contained a similar provision (sec. 3122) that
maintained the description of minor construction projects as general
plant projects and that would require a cost variance report.
The House recedes with an amendment that would require the Secretary
of Energy to submit immediately a report to the congressional defense
committees when any minor construction project is revised so that the
cost of the project exceeds $5.0 million.
The conferees direct the annual report required by this section to
be submitted with the budget request. The first report, which would
cover fiscal year 2002, should be submitted with the budget request for
fiscal year 2004.
Limits on construction projects (sec. 3123)
The Senate bill contained a provision (sec. 3123) that would permit
any construction project to be initiated and continued only if the
estimated cost for the project does not exceed 125 percent of the higher
of the amount authorized for the project or the most recent total
estimated cost presented to the Congress as justification for such
project. The Secretary of Energy could not exceed such limits until 30
legislative days after the Secretary submits to the congressional
defense committees a detailed report setting forth the reasons for the
increase. The provision would also specify that the 125 percent
limitation would not apply to projects estimated to cost under $5.0
million.
The House amendment contained an identical provision (sec. 3123).
The conference agreement includes this provision.
Fund transfer authority (sec. 3124)
The Senate bill contained a provision (sec. 3124) that would permit
funds authorized by this Act to be transferred to other agencies of the
Federal Government for performance of work for which funds were
authorized and appropriated. The provision would permit the merger of
such transferred funds with the authorizations of the agency to which
they are transferred. The provision would also limit, to not more than
five percent of the account, the amount of funds authorized by the Act
that may be transferred between authorization accounts within the
Department of Energy.
The House amendment contained an identical provision (sec. 3124).
The conference agreement includes this provision.
Authority for conceptual and construction design (sec. 3125)
The Senate bill contained a provision (sec. 3125) that would limit
the Secretary of Energy's authority to request construction funding
until the Secretary has completed a conceptual design. This limitation
would apply to construction projects with a total estimated cost greater
than $5.0 million. If the estimated cost to prepare the construction
design exceeds $600,000, the provision would require the Secretary to
obtain a specific authorization to obligate such funds. If the estimated
cost to prepare a conceptual design exceeds $3.0 million, the provision
would further require the Secretary to submit to Congress a report on
each conceptual design completed under this provision. The provision
would also provide an exception to these requirements in the case of an
emergency.
The House amendment contained a similar provision (sec. 3125).
The House recedes with a technical amendment.
Authority for emergency planning, design, and construction
activities (sec. 3126)
The Senate bill contained a provision (sec. 3126) that would permit
the Secretary of Energy to perform planning and design with funds
available to the Department of Energy (DOE) pursuant to sections 3101
3104 of title XXXI, including those funds authorized for advanced
planning and construction design, whenever the Secretary determines that
the design must proceed expeditiously to protect the public health and
safety, to meet the needs of national defense, or to protect property.
The House amendment contained a similar provision that included
funds authorized pursuant to sections 3101 3103 of title XXXI (sec.
3126).
The House recedes.
Funds available for all national security programs of the
Department of Energy (sec. 3127)
The Senate bill contained a provision (sec. 3127) that would
authorize, subject to section 3121 of title XXXI of this Act, amounts
appropriated for management and support activities and for general plant
projects to be made available for use in connection with all national
security programs of the Department of Energy.
The House amendment contained an identical provision (sec. 3127).
The conference agreement includes this provision.
Availability of funds (sec. 3128)
The House amendment contained a provision (sec. 3128) that would
authorize amounts appropriated for operating expenses for plant and
capital equipment for the Department of Energy to remain available until
expended. Program direction funds would remain available until the end
of fiscal year 2003.
The Senate bill contained a similar provision but would make program
direction funds available until the end of fiscal year 2004.
The Senate recedes.
Transfer of defense environmental management funds (sec. 3129)
The Senate bill contained a provision (sec. 3129) that would provide
the manager of each Department of Energy (DOE) field office with limited
authority to transfer up to $5.0 million in fiscal year 2002 defense
environmental management funds from one program or project. The DOE
manager could use this authority to transfer funds outside of the normal
reprogramming process three times in a fiscal year.
The House amendment contained a provision (sec. 3129) that would
provide the manager of the DOE field office authority to make one
transfer per fiscal year.
The House recedes.
The conferees agree that this authority shall not be aggregated and
that each transfer shall not exceed $5.0 million.
Transfer of weapons activities funds (sec. 3130)
The Senate bill contained a provision (sec. 3130) that would provide
the manager of a Department of Energy/National Nuclear Security
Administration (DOE/NNSA) field office with limited authority to
transfer up to $5.0 million in fiscal year 2002 weapons activities funds
from one program or project to another, outside of the normal
reprogramming process. The DOE/NNSA manager could use this authority up
to three times per year.
The House amendment contained a similar provision (sec. 3130) that
would provide authority to make one transfer per year and provide the
authority to the contractor operator of the DOE/NNSA plant or
laboratory.
The Senate recedes with an amendment that would provide the
authority to the DOE/NNSA manager to make one transfer per year.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Consolidation of Nuclear Cities Initiative program with
Initiatives for Proliferation Prevention program (sec. 3131)
The House amendment contained a provision (sec. 3133) that would
consolidate the Nuclear Cities Initiative (NCI) program and the
Initiatives for Proliferation Prevention (IPP) program under a common
management structure by July 1, 2002.
The Senate bill contained no similar provision, but included
language in Senate Report No. 107 62, accompanying S. 1416, that
directed the Administrator of the National Nuclear Security
Administration to consolidate the IPP program and the NCI program under
a single management structure.
The Senate recedes with an amendment that would delete the date.
The conferees agree to include a provision that would direct the
Administrator of the National Nuclear Security Administration to
consolidate the management of the IPP and the NCI programs under a
single management division. The conferees believe, however, that these
two programs should remain separate, have different funding lines within
the division, retain their individual programmatic requirements as
established by statute and retain separate program managers. The two
managers should report to a single manager. The conferees note that the
Administrator has already begun to implement this direction.
In order to maintain the two program identities, the conferees
direct the Deputy Administrator for Defense Nuclear Nonproliferation to
submit a plan to the congressional defense committees 30 days prior to
obligating fiscal year 2002 funds, for each program laying out how each
program intends to utilize fiscal year 2002 funds. Further, the
conferees direct the Deputy Administrator to submit to the congressional
defense committees a program plan for the IPP and the NCI programs that
describes how: (1) the programs will be managed under common senior
management; (2) they will share administrative support; (3) management
improvements will be made for each program; and (4) greater coordination
will be established between the programs and with the relevant
interagency working groups. This report is due to the congressional
defense committees no later than four months after enactment of the
National Defense Authorization Act for Fiscal Year 2002.
Nuclear Cities Initiative (sec. 3132)
The Senate bill contained a provision (sec. 3133) that would
prohibit the use of funds authorized to be appropriated after fiscal
year 2001 for the Nuclear Cities Initiative (NCI) from being obligated
or expended to expand the NCI program beyond its current scope until
thirty days after the Administrator of the National Nuclear Security
Administration (NNSA) submits to Congress an agreement on access signed
by the United States and Russia. The provision also requires an annual
report on the NCI program's financial and programmatic activities.
The House amendment contained no similar provision.
The House recedes.
Limitation on availability of funds for weapons activities
for facilities and infrastructure (sec. 3133)
The Senate bill contained a provision (sec. 3131) that would direct
the Administrator of the National Nuclear Security Administration (NNSA)
to establish criteria for the facilities and infrastructure projects.
The provision would prohibit the Administrator from obligating or
expending more than fifty percent of the facilities and infrastructure
account funds until he has submitted to the congressional defense
committees the criteria and a list of the projects that will be funded
based on the criteria.
The House amendment contained no similar provision.
The House recedes.
The conferees support this new effort to address a backlog of
deferred maintenance at NNSA sites, but directs the Administrator to
include projects in the fund based on the objective criteria
established.
Limitation on availability of funds for other defense
activities for national security programs administrative support (sec.
3134)
The Senate bill contained a provision (sec. 3132) that would prevent
the Secretary of Energy from using more than $5.0 million of the funds
authorized to be appropriated for national security programs
administrative support pursuant to section 3103(a)(8) of this Act until
such time as the Secretary submits the future years nuclear security
program required by section 3253 of the National Nuclear Security Act
(Title XXXII of Public Law 106 65) and until the Secretary submits a
justification document for the national security programs administrative
support activities describing the activities to be carried out with the
funds provided.
The House amendment contained no similar provision.
The House recedes with an amendment that would add an additional
condition to be met by the Secretary before obligating more than $5.0
million of the funds authorized to be appropriated for this activity.
The conferees note that the report requested of the Secretary on the
feasibility of using an energy savings performance contract mechanism to
offset or possibly cover the cost of a new office building for the
Albuquerque operations office of the Department of Energy (DOE) has not
been submitted. This report was requested in Senate Report 106 50, the
report of the Committee on Armed Services of the Senate to accompany S.
1059, the National Defense Authorization Act for Fiscal Year 2000. The
amendment would direct the Secretary to submit this report as the third
prerequisite to spending more than $5.0 million of the funds authorized.
Termination date of Office of River Protection, Richland,
Washington (sec. 3135)
The House amendment contained a provision (sec. 3131) that would
extend the statutory termination date of the Office of River Protection
from September 30, 2004 to September 30, 2010 or upon determination that
continuation of the Office is no longer necessary to carry out the
Department Of Energy responsibilities under the Hanford Federal Facility
Compliance Agreement, whichever is later.
The Senate bill contained no similar provision.
The Senate recedes.
Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico (sec. 3136)
The Senate bill contained a provision (sec. 3157) that would extend
the period of time in which the Department of Energy (DOE) may make
contributions to the Los Alamos Education Foundation and authorizes $6.9
million, the amount contained in the budget request, to be paid to the
Foundation in fiscal year 2002. In addition, the provision would
authorize $8.0 million for the fiscal year 2002 payment to be made from
funds available to the DOE to offset cost of living expenses for school
teachers at the Los Alamos Public Schools. The provision would also
allow the DOE to extend the current contract with the Los Alamos Public
Schools, pursuant to which these funds are paid, through fiscal year
2004. The provision would also require the Secretary of Energy to submit
a report evaluating and making recommendations for future payments to
the Foundation and the schools.
The House amendment contained a similar provision (sec. 3135) that
would authorize the Secretary of Energy to pay $5.0 million to the
Foundation and $8.0 million to the Los Alamos Public Schools. The
provision would allow the DOE to extend the current contract with the
schools through fiscal year 2003. The provision would also require a
report.
The Senate recedes with an amendment that would authorize a payment
of $6.9 million to the Foundation for fiscal year 2002 and that would
direct the Secretary to submit the required report by March 1, 2002.
Reports on achievement of milestones for National Ignition
Facility (sec. 3137)
The Senate bill contained a provision (sec. 3156) that would direct
the Administrator of the National Nuclear Security Administration to
notify the congressional defense committees when the National Ignition
Facility (NIF) achieves each level one and level two milestone.
The House amendment contained no similar provision.
The House recedes with an amendment that would terminate the
notification requirement at the end of fiscal year 2004.
The conferees have designated the end date of the reporting
obligation to coincide with the date on which the NIF should achieve
first light of the laser.
SUBTITLE D--MATTERS RELATING TO MANAGEMENT OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION
Establishment of Principal Deputy Administrator of National
Nuclear Security Administration (sec. 3141)
The Senate bill contained a provision (sec. 3141) that would
establish a Principle Deputy Administrator for nuclear security at the
National Nuclear Security Administration (NNSA). The new position would
be appointed by the President with the advice and consent of the Senate.
The House amendment contained a similar provision (sec. 3132(a))
that would establish the position and spell out qualifications for the
individual to be appointed to that position.
The House recedes with an amendment that would require that the
person appointed for the position has extensive background in
organizational management and is well-qualified to manage the nuclear
weapons programs, nonproliferation, and material disposition programs of
the NNSA.
Elimination of requirement that national security
laboratories and nuclear weapons production facilities report to Deputy
Administrator for Defense Programs (sec. 3142)
The Senate bill contained a provision (sec. 3142) that would amend
section 3214 of the National Nuclear Security Administration Act by
striking subsection (c), which directs the contractor managers and
directors of the National Nuclear Security Administration weapons
production plants and national laboratories to report to the Deputy
Administrator for Defense Programs.
The House amendment contained an identical provision (sec. 3132(b)).
The conference agreement includes this provision.
Repeal of duplicative provision relating to dual office
holding by personnel of National Nuclear Security Administration (sec.
3143)
The House amendment contained a provision (sec. 3132(c)) that would
repeal a duplicative statutory prohibition on the ability of
non-National Nuclear Security Administration (NNSA) employees of the
Department of Energy to serve concurrently in the NNSA.
The Senate bill contained no similar provision.
The Senate recedes.
Report on adequacy of federal pay and hiring authorities to
meet personnel requirements of National Nuclear Security Administration
(sec. 3144)
The Senate bill contained a provision (sec. 3144) that would amend
section 3241 of the National Nuclear Security Administration Act to
allow the National Nuclear Security Administration (NNSA) to expand the
number of scientific and technical positions from the current 300
positions to 500 positions.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Administrator of the NNSA to prepare a report on what hiring and pay
authorities are available to the NNSA, what authorities are being used,
and what additional authorities are required.
The conferees believe that the Administrator should work with the
Office of Personnel Management to determine the appropriate status of
all employees in the NNSA. The conferees are aware that the
Administrator would like to convert all federal employees of the NNSA to
an excepted service type status. The report required should discuss the
Administrator's plans and options for appropriate pay and hiring
authorities at the NNSA.
SUBTITLE E--OTHER MATTERS
Improvements to energy employees occupational illness
compensation program (sec. 3151)
The Senate bill contained a provision (sec. 3151) that would amend
the Energy Employees Occupational Illness Compensation Program Act of
2000 (EEOICPA) (title XXXVI of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001). These amendments were designed
to create greater parity between certain provisions in the EEOICPA and
similar provisions in the Radiation Employees Compensation Act.
The House amendment contained no similar provision.
The House recedes with an amendment.
The conferees have agreed to include language that would amend the
EEOICPA in several areas, including: revising the threshold standard for
determining if a covered employee has contracted silicosis; clarifying
attorney's fees provisions; clarifying who qualifies as survivors and
their entitlement to lump-sum benefits not paid to the covered employee;
adding a technical amendment dealing with covered Leukemias; clarifying
the effect of the EEOICPA on tort actions filed both before and after
the EEOICPA date of enactment, and subsequent to the date of enactment
of this Act; and directing the director of the National Institute for
Occupational Safety and Health to conduct a new study on potential
health effects of any residual contamination at certain facilities.
The provision clarifies that Leukemia, other than chronic
Lymphocytic Leukemia, is covered if the initial occupational exposure
occurred before the age of twenty-one and if the onset of the Leukemia
occurred more than two years after such exposure. This amendment makes
it clear that occupational exposure received prior to age twenty-one
falls within the purview of the EEOICPA.
The provision amends section 3626(b) of the EEOICPA to include
employees of an atomic energy weapons employer facility for
consideration as a member of the special exposure cohort.
The provision amends section 3627(e)(2)(A) of the EEOICPA to change
the threshold criteria for determining if a covered employee has
silicosis to a 1/0 reading from a 1/1 reading. This change brings the
EEOICPA in line with the Radiation Exposure Compensation Act (42 U.S.C.
2210 note).
The provision amends sections 3628(e) and 3630(e) of the EEOICPA to
clarify that any compensation payments not made to covered employees
prior to their death shall be paid to survivors living at the time
payment is to be made and to define who qualifies as survivors for
purposes of receiving such payments. The provision ensures that certain
surviving minor children will receive the benefit owed to the deceased
covered employee. The provision would also repeal paragraph 18 of
section 3621 of the EEOICPA, defining survivors.
The provision amends section 3645 of the EEOICPA to clarify the
election of remedies under certain circumstances. The amendments were
included to address the situation where a tort case for compensation
filed prior to October 30, 2000 had been dismissed, but where the
dismissal was not a voluntary dismissal sought by the plaintiff. Under
such a circumstance, the plaintiff would still be eligible to seek
compensation under EEOICPA if the non-voluntary dismissal occurs prior
to December 31, 2003. The provision would retain, however, the
prohibition that if the tort case has not been involuntarily dismissed
prior to December 31, 2003, the plaintiff would not be eligible to seek
compensation under the EEOICPA unless the plaintiff voluntarily
dismissed the case. The conferees were primarily concerned that a
plaintiff in a previously filed case that had been involuntarily
dismissed prior to December 31, 2003 would not be eligible to seek
compensation under the EEOICPA. Under this provision, this individual
would be eligible to file a claim for compensation. The amendment would,
however, preclude any individual who had filed a tort case between
October 30, 2000 and the date of the enactment of this Act, from being
eligible to receive compensation or benefits under the EEOICPA unless
the case is dismissed by the individual before the last permissible
date. The permissible date is the later of April 30, 2003 or 30 months
after discovering that the individual has a covered illness that results
from the individual's covered occupational exposure.
In addition, the provision would provide that if the individual
files a tort case after the date of enactment of this Act, the
individual is not eligible for compensation if there is a final court
decision adverse to the plaintiff rendered prior to the last permissible
date for a voluntary dismissal. The last permissible date for a
voluntary dismissal is the later of April 30, 2003 or 30 months after
discovering that the individual has a covered illness that results from
the individual's covered occupational exposure.
The provision would amend section 3648 of the EEOICPA to clarify
that the two-percent limitation on attorney fees applies to initial
claims for lump-sum compensation and that the ten- percent limitation on
attorney fees applies to assistance provided with respect to objections
to a recommended decision denying payment of a lump-sum compensation.
The provision would also clarify that the limitations on attorney fees
does not apply to attorney fees for services rendered for matters not
pertaining to or in connection with lump-sum claims.
Finally, the provision would require the National Institute for
Occupational Safety and Health to conduct a study in coordination with
the Department of Energy (DOE) and the Department of Labor to determine
whether there is any significant residual contamination at beryllium
vendors or atomic weapons employer facilities that could have caused or
substantially contributed to the cancer or beryllium illness of a
covered employee. An interim report is due 180 days after enactment of
this Act, and the final report is due one year after the date of
enactment.
The conferees are aware of draft regulations promulgated by the DOE
and intended to implement subtitle D of the EEOICPA. The conferees are
concerned that the DOE appears to have misinterpreted the intent of
Congress in this area. Subtitle D was intended to provide an alternative
path to state workers compensation systems that would rely on the
independent judgment of a physicians panel as to whether a worker's
illness was related to exposure to a toxic substance while working at a
DOE facility. In cases where this independent panel finds that the
illness was related to occupational exposure, the conferees expect that
the DOE will direct its contractors not to contest the worker's claim in
the state proceedings. Subtitle D was intended to overcome existing
procedural barriers within state workers compensation systems that
prevent workers with occupational illnesses from receiving assistance
from these systems. In implementing subtitle D, the DOE should not
re-impose the same or similar procedural barriers that subtitle D was
designed to remove or overcome.
Department of Energy counterintelligence polygraph program (sec. 3152)
The Senate bill contained a provision (sec. 3152) that would direct
the Secretary of Energy to develop a new interim polygraph program, and
then establish a new permanent polygraph program. The new permanent
program would be established by regulations issued pursuant to the
Administrative Procedures Act, after the DOE completes the ongoing
Polygraph Review. The provision would also repeal section 3154 of the
Department of Energy Facilities Safeguards, Security and
Counterintelligence Enhancement Act of 1999 (Title XXXI of the National
Defense Authorization Act for Fiscal Year 2000).
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the Secretary
of Energy to establish a new permanent polygraph program by regulations
issued pursuant to the Administrative Procedures Act. The provision
would repeal section 3154 only after the DOE has implemented the final
rule and the Secretary submits a certification to the congressional
defense committees to that effect.
One-year extension of authority of Department of Energy to
pay voluntary separation incentive payments (sec. 3153)
The Senate bill contained a provision (sec. 3153) that would amend
section 3161(a) of the National Defense Authorization Act for Fiscal
Year 2000 to provide a one-year extension of the Department of Energy
(DOE) authority to make voluntary separation incentive payments through
January 1, 2004.
The House amendment contained no similar provision.
The House recedes with an amendment stating that the provision may
be superceded by an applicable government-wide statute providing
voluntary separation incentive payments.
The conferees note that the administration is seeking
government-wide authority setting uniform standards to be applied by
federal agencies in making voluntary separation incentive payments. In
the event that Congress enacts such a law, the conferees anticipate that
it would supercede this provision and conform the DOE and Department of
Defense authority to that provided to all federal agencies.
Annual assessment and report on vulnerability of Department
of Energy facilities to terrorist attack (sec. 3154)
The Senate bill contained a provision (sec. 3159) that would direct
the Secretary of Energy to conduct an annual assessment on the
vulnerabilities of Department of Energy (DOE) facilities to terrorist
attack. The report would be due on January 31 of each year. The first
report would be due on January 31, 2003.
The House amendment contained no similar provision.
The House recedes.
Disposition of surplus defense plutonium at Savannah River
Site, Aiken, South Carolina (sec. 3155)
The House amendment contained a provision (sec. 3134) that would
require the Secretary of Energy to consult with the Governor of South
Carolina on any decisions or plans regarding the disposition of surplus
defense plutonium at the Savannah River Site and to submit a plan to
Congress by February 1, 2002, for the disposal of surplus defense
plutonium currently located at the site, as well as for defense
plutonium that may be shipped to the site in the future. If the plan is
not submitted by February 1, 2002, then no shipments of plutonium could
be made to the Savannah River Site.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to provide a notice to the congressional defense committees 30
days before the Secretary shipped any defense plutonium or defense
plutonium materials to the Savannah River Site. The conferees note that
a similar report is required by the conference report for the Energy and
Water Development Appropriations Act for Fiscal Year 2002 (Public Law
107 66).
The provision would also require the Secretary to prepare a
comprehensive plan for the long-term disposition of defense plutonium
and defense plutonium materials. If the Secretary should decide not to
proceed with the immobilization facility or the mixed oxide facility,
then the Secretary shall include in the plan required to be submitted on
February 1, 2002 a disposition path for the material.
Modification of date of report of Panel to Assess the
Reliability, Safety, and Security of the United States Nuclear Stockpile
(sec. 3156)
The Senate bill contained a provision (sec. 3155) that would amend
section 3159(d) of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 by extending the due date for the third report
required by that section from October 1, 2001 to February 1, 2002.
The House amendment contained no similar provision.
The House recedes.
SUBTITLE F--ROCKY FLATS NATIONAL WILDLIFE REFUGE
Rocky Flats National Wildlife Refuge (sec. 3171 3182)
The Senate bill contained a series of provisions (sec. 3171 3181)
that would transfer the Department of Energy Rocky Flats site to the
Department of Interior (DOI) to establish the Rocky Flats National
Wildlife Refuge. The transfer would occur after the DOE has completed
the environmental cleanup of the site.
The House amendment contained no similar provision.
The House recedes with amendments that would clarify the
relationship between the Department of Energy (DOE) and the DOI and
remove the requirement for the DOI to conduct any interim management
activities prior to the transfer of jurisdiction over Rocky Flats.
This designation will ensure that appropriate land uses are
maintained and that an environmentally sound end state will result. As
cleanup and closure continues, the committee urges the DOE to consult
with the U.S. Fish and Wildlife Service to ensure a smooth transition
from the DOE to the DOI.
Through a Memorandum of Understanding (MOU), the DOE and the DOI
should address any remaining issues related to the transition, determine
how to resolve those issues, and develop the best path forward for
transferring the land. The MOU should also address longer term
relationships between the DOE and the DOI and address such things as
indemnification for any costs that may result after the transfer.
The provisions would also require that any conflicts between the two
agencies over cleanup activities on the land retained by the DOE be
resolved so that cleanup activities take priority.
The Act provides that prior to the transfer, the Environmental
Protection Agency must certify that the site is cleaned up and closed as
a DOE facility pursuant to existing laws, regulations, and agreements.
The conferees note that the State of Colorado has recently passed a new
statute concerning the enforceability of environmental real covenants.
Several federal agencies have raised questions about the applicability
of this provision to federal lands. The conferees do not attempt to
resolve any issues associated with the applicability of this new
Colorado statute and do not intend these provisions to be interpreted as
either supporting or refuting the applicability of this statute to
federal lands, including the wildlife refuge that would be created in
this Act.
While it is expected that most structures will be demolished when
the property is transferred from the DOE to the Fish and Wildlife
Service, any cleanup facilities or structures related to long-term
treatment and control of contamination that the DOE must maintain and
remain liable for will be excluded from transfer. In addition, the
provision also allows the DOI to designate any buildings that it might
need for managing the refuge.
The Act also anticipates that wastes and materials will be removed
for off-site disposal and that there should not be any need for a
long-term storage facility at the site.
The provision clarifies that these provisions shall not be
interpreted or construed to reduce the required cleanup levels, and that
these levels should reflect a cleanup level that is fully protective of
human health and the environment for the long-term.
The provisions also require that the refuge shall be managed in
accordance with the National Wildlife Refuge System Administration Act.
Accordingly, the Fish and Wildlife Service must consult with local
communities and ensure public participation during development of the
Rocky Flats Wildlife Refuge plans. This Act also recognizes and
preserves the existence of other property rights on the Rocky Flats
site, such as mineral rights, water rights, and utility rights-of-way
for all relevant parties. The conferees recognize that the DOE's top
priority at Rocky Flats is safe cleanup and closure, and strongly
support continuation of efforts to achieve the 2006 closure date. The
conferees further recognize that the accelerated cleanup at Rocky Flats
and creation of the Wildlife Refuge has been achieved through strong
support and cooperation from the surrounding communities, the State of
Colorado, and the Colorado Congressional delegation. Creation of the
Rocky Flats National Wildlife Refuge provides an important path forward
for Rocky Flats and a model for other DOE cleanup sites across the
nation.
LEGISLATIVE PROVISIONS NOT ADOPTED
Additional objective for Department of Energy defense nuclear
facility workforce restructuring plan
The Senate bill contained a provision (sec. 3154) that would amend
section 3161(c) of the National Defense Authorization Act for Fiscal
Year 1993 by adding a new requirement to the workforce restructuring
plan. The new requirement would direct the Secretary of Energy to
provide assistance to promote the diversification of the economies of
the communities in the vicinity of the Department of Energy (DOE).
The House amendment contained no similar provision.
The Senate recedes.
The conferees believe that the DOE, in its work with the Department
of Commerce and the Department of Labor in preparing and carrying out
workforce restructuring plans, already looks at economic diversification
as an element of the plan. The conferees direct the Secretary to
continue to promote diversification of the economies in the vicinity of
any DOE defense nuclear facility that may be affected by a workforce
restructuring and to include in the plan a description of the steps
taken in support of this goal.
Clarification of status within the Department of Energy of
Administration and contractor personnel of the National Nuclear Security
Administration
The Senate bill contained a provision (sec. 3143) that would amend
section 3219 of the National Nuclear Security Administration Act (Title
XXXII of the National Defense Act for Fiscal Year 2000) to clarify that
when work is performed at National Nuclear Security Administration
(NNSA) facilities and sponsored by offices outside of the NNSA, the
sponsoring office can supervise the work being performed and that NNSA
employees can serve on DOE task forces.
The House amendment contained no similar provision.
The Senate recedes.
The conferees do not include this provision because they do not
believe that the existing law prohibits or limits either non-NNSA
agencies and offices from providing authority direction and control over
programs that they sponsor at NNSA facilities or NNSA employees from
serving as full members of any DOE task force.
Construction of Department of Energy operations office complex
The Senate bill contained a provision (sec. 3134) that would
authorize the Secretary of Energy to provide for the design and
construction of a new operations office complex for the Department of
Energy (DOE) in accordance with the feasibility study regarding such
operations office complex conducted under the National Defense
Authorization Act for Fiscal Year 2000. The provision would provide
authority to the Secretary to use one or more energy savings performance
(ESP) contracts, entered into under Title VII of the National Energy
Policy Conservation Act, 42 U.S.C. 8287 et seq., to design and construct
the complex. The provision would require that the construction and
operation costs of the complex be paid from the energy savings and
ancillary operations and maintenance savings that result from the
replacement of a current DOE operations office complex.
The House amendment contained no similar provision.
The Senate recedes.
Improvements to Corral Hollow Road, Livermore, California
The Senate bill contained a provision (sec. 3158) that would
authorize up to $0.3 million for safety improvements to Corral Hollow
Road, the amount of the budget request.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agree that funds for road improvements that are for
roads not on Department of Energy (DOE) sites should be specifically
requested in the DOE budget request. The conferees also agree that
specific authorization is not required for such road projects unless the
total project cost for the project exceeds $5.0 million.
Increased amount for nonproliferation and verification
The House amendment contained a provision (sec. 3106) that would
increase the amounts authorized for defense nuclear nonproliferation by
$10.0 million for operation and maintenance for nonproliferation and
verification research and development.
The Senate bill contained no similar provision.
The House recedes.
The conferees have included funds for the defense nuclear
nonproliferation programs in section 3101 of this conference report.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
LEGISLATIVE PROVISIONS ADOPTED
Authorization (sec. 3201)
The Senate bill contained a provision (sec. 3201) that would
authorize $18.5 million for the Defense Nuclear Facilities Safety Board
(DNFSB).
The House amendment contained an identical provision (sec. 3201).
The conference agreement includes this provision.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
LEGISLATIVE PROVISIONS ADOPTED
Definitions (sec. 3301)
The House amendment contained a provision (sec. 3301) that would
provide the definitions used in the title.
The Senate bill contained no similar provision.
The Senate recedes.
Authorized uses of stockpile funds (sec. 3302)
The House amendment contained a provision (sec. 3302) that would
authorize $65.2 million from the National Defense Stockpile Transaction
Fund for the operation and maintenance of the National Defense Stockpile
for fiscal year 2002. The provision would also permit the use of
additional funds for extraordinary or emergency conditions 45 days after
a notification to the Congress.
The Senate bill contained no similar provision.
The Senate recedes.
Authority to dispose of certain materials in National Defense
Stockpile (sec. 3303)
The House amendment contained a provision (sec. 3303) that would
authorize the disposal of specific materials in the National Defense
Stockpile that are no longer needed.
The Senate bill contained an identical provision (sec. 3301).
The conference agreement includes this provision.
Revision of limitations on required disposals of certain
materials in National Defense Stockpile (sec. 3304)
The Senate bill contained a provision (sec. 3302) that would provide
the Secretary of Defense with greater flexibility in the disposal of
materials from the National Defense Stockpile. The provision would allow
the sale of materials over 10 years, based on market conditions, rather
than according to a specific timetable limiting quantities that could be
disposed of in any given year.
The House amendment contained no similar provision.
The House recedes.
Acceleration of required disposal of cobalt in National
Defense Stockpile (sec. 3305)
The House amendment contained a provision (sec. 3304) that would
accelerate by one year the disposal of cobalt from the National Defense
Stockpile that was authorized for sale in previous authorization acts.
The Senate bill contained a similar provision (sec. 3303).
The House recedes.
Restriction on disposal of manganese ferro (sec. 3306)
The Senate bill contained a provision (sec. 3304) that would
prohibit the sale of manganese ferro from the National Defense Stockpile
during fiscal year 2002.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize sales of
25,000 short tons of manganese ferro in fiscal year 2002 (of all
grades), 25,000 short tons of high-grade manganese ferro in fiscal year
2003, and 50,000 short tons of high-grade manganese ferro in fiscal
years 2004 and 2005.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
LEGISLATIVE PROVISIONS ADOPTED
Authorization of appropriations (sec. 3401)
The House amendment contained a provision (sec. 3401) that
authorized the appropriation of $17.4 million during fiscal year 2002
for activities relating to the naval petroleum reserves.
The Senate bill contained a similar provision (sec. 3401).
The Senate recedes.
TITLE XXXV--MARITIME ADMINISTRATION
LEGISLATIVE PROVISIONS ADOPTED
Authorization of appropriations for fiscal year 2002 (sec. 3501)
The budget request included $103.0 million for the Maritime
Administration.
The House amendment contained a provision (sec. 3501) that would
authorize an increase of $100.0 million for the Maritime Administration.
Of the funds authorized, $89.1 million would be for operations and
training programs, $100.0 million would be for the cost as defined in
section 402 of the Federal Credit Reform Act of 1990, of loan guarantees
authorized by title XI of the Merchant Marine Act, 1936, as amended (46
App. U.S.C. 1271 et seq.), $4.0 million would be for administrative
expenses related to providing those loan guarantees, and $10.0 million
would be to dispose of obsolete vessels in the National Defense Reserve
Fleet.
The Senate bill contained no similar provision.
The Senate recedes.
Define ``war risks'' to vessels to include confiscation,
expropriation, nationalization, and deprivation of the vessels (sec.
3502)
The House amendment contained a provision (sec. 3502) that would
clarify and expand the authority of the Maritime Administration to issue
war risk insurance coverage for losses from hostile acts including
confiscation, expropriation, nationalization, and deprivation.
The Senate bill contained no similar provision.
The Senate recedes.
Holding obligor's cash as collateral under title XI of
Merchant Marine Act, 1936 (sec. 3503)
The House amendment contained a provision (sec. 3503) that would
amend title XI of the Merchant Marine Act, 1936, as amended, by
establishing a new section that would allow the Maritime Administration
to hold and invest cash collateral derived from title XI proceeds in the
U.S. Treasury.
The Senate bill contained no similar provision.
The Senate recedes.
From the Committee on Armed Services, for consideration of the Senate
Bill and the House amendment, and modifications committed to conference:
Bob Stump,
Duncan Hunter,
James V. Hansen,
Curt Weldon,
Jim Saxton,
John M. McHugh,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, Jr.,
Mac Thornberry,
Saxby Chambliss,
Ike Skelton,
Solomon P. Ortiz,
Lane Evans,
Neil Abercrombie,
Martin T. Meehan,
Robert A. Underwood,
Thomas Allen,
Vic Snyder,
From the Committee on Education and the Workforce, for consideration
of secs. 304, 305, 1123, 3151, and 3157 of the Senate bill, and secs.
341, 342, 509, and 584 of the House amendment, and modifications
committed to conference:
Michael N. Castle,
Johnny Isakson,
George Miller,
From the Committee on Government Reform, for consideration of secs.
564, 622, 803, 813, 901, 1044, 1047, 1051, 1065, 1075, 1102, 1111 1113,
1124 1126, 2832, 3141, 3144, and 3153 of the Senate bill, and secs. 333,
519, 588, 802, 803, 811 819, 1101, 1103 1108, 1110, and 3132 of the
House amendment, and modifications committed to conference:
Dan Burton,
Dave Weldon,
Henry A. Waxman,
Provided that Mr. Tom Davis of Virginia is appointed in lieu of Mr.
Weldon of Florida for consideration of secs. 803 and 2832 of the Senate
bill, and secs. 333 and 803 of the House amendment, and modifications
committed to conference:
Tom Davis,
Provided that Mr. Horn is appointed in lieu of Mr. Weldon of Florida
for consideration of secs. 811 819 of the House amendment, and
modifications committed to conference:
Stephen Horn,
From the Committee on House Administration, for consideration of
secs. 572, 574 577, and 579 of the Senate bill, and sac. 552 of the
House amendment, and modifications committed to conference:
Bob Ney,
John L. Mica,
From the Committee on International Relations, for consideration of
secs. 331, 333, 1201 1205, and 1211 1218 of the Senate bill, and secs.
1011, 1201, 1202, 1205, and 1209, title XIII, and sec. 3133 of the House
amendment, and modifications committed to conference:
Henry Hyde,
Ben Gilman,
Tom Lantos,
From the Committee on the Judiciary, for consideration of secs. 821,
1066, and 3151 of the Senate bill, and secs. 323 and 818 of the House
amendment, and modifications committed to conference:
F. James Sensenbrenner,
Lamar Smith,
From the Committee on Resources, for consideration of secs. 601, 663,
2823, and 3171 3181 of the Senate bill, and secs. 601, 1042, 2841, 2845,
2861 2863, and 2865 and title XXIX of the House amendment, and
modifications committed to conference:
Jim Gibbons,
George Radanovich,
Provided that Mr. Udall of Colorado is appointed in lieu of Mr.
Rahall for consideration of secs. 3171 3181 of the Senate bill, and
modifications committed to conference:
Mark Udall,
From the Committee on Science, for consideration of secs. 1071 and
1124 of the Senate bill, and modifications committed to conference:
Sherwood Boehlert,
Nick Smith,
Ralph M. Hall,
Provided that Mr. Ehlers is appointed in lieu of Mr. Smith of
Michigan for consideration of sec. 1124 of the Senate bill, and
modifications committed to conference:
Vernon J. Ehlers,
From the Committee on Small Business, for consideration of secs. 822
824 and 1068 of the Senate bill, and modifications committed to
conference:
Donald A. Manzullo,
Larry Combest,
From the Committee on Transportation and Infrastructure, for
consideration of secs. 563, 601, and 1076 of the Senate bill, and secs.
543, 544, 601, 1049, and 1053 of the House amendment, and modifications
committed to conference:
Don Young,
Frank A. LoBiondo,
Corrine Brown,
Provided that Mr. Pascrell is appointed in lieu of Ms. Brown of
Florida for consideration of sec. 1049 of the House amendment, and
modifications committed to conference:
Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for consideration of secs.
538, 539, 573, 651, 717, and 1064 of the Senate bill, and sec. 641 of
the House amendment, and modifications committed to conference:
Christopher H. Smith,
(except sec. 641 of House amendment and secs. 539 and 651 of
Senate bill),
Mike Bilirakis,
Managers on the Part of the House.
Carl Levin,
Ted Kennedy,
Joseph Lieberman,
Max Cleland,
Mary Landrieu,
Jack Reed,
Daniel K. Akaka,
Bill Nelson,
Ben Nelson,
Jean Carnahan,
Mark Dayton,
Jeff Bingaman,
John Warner,
Strom Thurmond,
Bob Smith,
Jim Inhofe,
Rick Santorum,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Susan Collins,
Jim Bunning,
Managers on the Part of the Senate.
