YEAR 2001 CONFERENCE REPORT Committee Report - House Rpt. 106-945

106 th Congress 2d Session
HOUSE OF REPRESENTATIVES
Report
106 945

ENACTMENT OF PROVISIONS OF
H.R. 5408, THE FLOYD D. SPENCE
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2001
CONFERENCE REPORT
to accompany
H.R. 4205
[Graphic Image Not Available]
October 6, 2000.--Ordered to be printed
ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
66 636
2000
106 th Congress 2d Session
HOUSE OF REPRESENTATIVES
Report
106 945

ENACTMENT OF PROVISIONS OF
H.R. 5408, THE FLOYD D. SPENCE
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2001
CONFERENCE REPORT
to accompany
H.R. 4205
[Graphic Image Not Available]
October 6, 2000.--Ordered to be printed
CONTENTS
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE 7
Summary Statement of Conference Action 534
Summary Table of Authorizations 534
Congressional Defense Committees 540
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS 540
Title I--Procurement 540
Procurement Overview
540
Overview
543
UH 60 Blackhawk
546
TH 67 training helicopter
546
Longbow
546
AH 64 modifications
546
UH 60 modifications
547
Aircraft Survivability Equipment (ASE)
547
Aircrew integrated systems
547
Overview
547
Army tactical missile system
550
Overview
550
Bradley base sustainment
553
Improved recovery vehicle
553
Heavy assault bridge system modifications
553
Army Transformation
553
Machine gun, squad automatic weapon
554
Overview
554
155MM Sense and Destroy Armor Munition M898
558
Overview
558
Tactical trailers/dolly sets
567
High mobility multipurpose-wheeled vehicle
567
Family of medium tactical vehicles
567
Fire trucks and associated firefighting equipment
567
M915/M916 line haul truck tractor
567
Weapons of Mass Destruction Civil Support Teams
568
Army data distribution system
568
Single channel ground and airborne radio systems family
569
Area common user system modification program
569
Night vision devices
569
Combat identification/aiming light
570
Standard integrated command post system
570
Automated data processing equipment
570
Ribbon bridge
570
Laundries, showers, and latrines
571
Combat support medical
571
Roller, vibratory, self-propelled
571
Hydraulic excavator
571
Deployable universal combat earth mover
572
Construction equipment service life extension program
572
Small tug
572
Combat training center instrumentation support
572
Nonsystem training devices
573
Overview
573
Chemical Agents and Munitions Destruction, Army
575
Overview
577
F/A 18E/F aircraft
581
SH 60R helicopter
581
UC 35 aircraft
581
18 series modifications
581
AH 1 series modifications
582
H 53 series modifications
582
H 1 series modifications
582
EP 3 aircraft modifications
583
Overview
583
Trident II advance procurement
586
Drones and decoys
586
Weapons industrial facilities
586
Mark 48 advanced capability torpedo modifications
586
Close-in weapons system modifications
587
Gun mount modifications
587
Overview
587
Overview
590
DDG 51 destroyers
593
LHD 8 advance procurement
593
Ship outfitting
593
Overview
593
Surveillance and security for military sealift ships
602
AN/WSN 7 inertial navigation system
602
Integrated condition assessment system
602
AN/SPS 73(V) surface search radar
602
Nuclear attack submarine acoustics
602
Sonar support equipment
603
Shipboard indications and warnings exploit
603
Side-scanning sonar for forward deployed minesweepers
603
Shallow water mine countermeasures
603
Other training equipment
604
Joint tactical terminal
604
Joint engineering data management and information control system
604
Naval shore communications equipment
604
Sonobuoys
604
Weapons range support equipment
605
Rolling airframe guided missile launcher
605
Cruiser smart ship
605
NULKA anti-ship missile decoy system
605
SSN combat control systems
606
Civil engineering support equipment
606
Education support equipment
606
Overview
606
Communications and electronic infrastructure support
611
Night vision equipment
611
Radio systems
611
5/4 ton truck high mobility multipurpose wheeled vehicles
611
Material handling equipment
611
Overview
612
16C aircraft
617
C 17 aircraft
617
C 17 advance procurement
617
EC 130J aircraft
617
B 52 aircraft modifications
618
A 10 aircraft integrated flight and fire control computer
618
15 modifications
618
16 aircraft modifications
619
Defense airborne reconnaissance program modifications
619
Other aircraft modifications
620
Defense airborne reconnaissance program aircraft support equipment
620
Overview
621
Overview
624
Overview
627
Intelligence communications equipment
633
Combat training ranges
633
Items less than $5.0 million
633
Overview
633
MH 60 aerial refueling probes and 200 gallon fuel tanks
638
Special operations forces small arms and support equipment
638
Items of Special Interest
638
Air Mobility Command
638
Intelligence, surveillance and reconnaissance programs
639
LPD 17 amphibious ships
639
Multipurpose individual munition
640
Shipbuilding overview
641
Legislative Provisions Adopted
642
Subtitle A--Authorization of Appropriations
642
Authorization of appropriations (secs. 101 106)
642
Subtitle B--Army Programs
642
Multiyear procurement authority (sec. 111)
642
Increase in limitation on number of bunker defeat munitions that may
be acquired (sec. 112)
642
Reports and limitations relating to Army transformation (sec. 113)
642
Subtitle C--Navy Programs
643
CVNX 1 nuclear aircraft carrier program (sec. 121)
643
Arleigh Burke class destroyer program (sec. 122)
644
Virginia class submarine program (sec. 123)
644
Limitation during fiscal year 2001 on changes in submarine force
structure (sec. 124)
644
ADC(X) ship program (sec. 125)
645
Refueling and complex overhaul program of the U.S.S. Dwight D.
Eisenhower (sec. 126)
645
Analysis of certain shipbuilding programs (sec. 127)
645
Helicopter support of FFG 7 frigates during fiscal year 2001 (sec. 128)
645
V 22 cockpit aircraft voice and flight data recorders (sec. 129)
645
Subtitle D--Air Force Programs
646
Annual Report on the B 2 bomber (sec. 131)
646
Report on modernization of Air National Guard F 16A units (sec. 132)
646
Subtitle E--Joint Programs
647
Study of final assembly and checkout alternatives for the joint
strike fighter program (sec. 141)
647
Subtitle F--Chemical Demilitarization
647
Pueblo Chemical Depot chemical agent ammunitions destruction
technologies (sec. 151)
647
Report on assessment of need for Federal economic assistance for
communities impacted by chemical demilitarization activities (sec. 152)
647
Prohibition against disposal of non-stockpile chemical warfare
material at Anniston chemical stockpile disposal facility (sec. 153)
647
Legislative Provisions not Adopted
647
AGM 65 modifications
647
Anti-personnel obstacle breaching system
648
C 135 modifications
648
Integrated bridge system for Naval systems special warfare rigid
inflatable boats and high-speed assault craft
648
Rapid intravenous infusion pumps
648
Remanufactured AV 8B aircraft
649
Title II--Research, Development, Test, and Evaluation
649
Research, Development, Test, and Evaluation Overview
649
Overview
651
Tactical High Energy Laser
660
Emergency preparedness training
660
High energy laser research and development
660
Advanced tank armament system
661
Defense manufacturing technology program
661
Overview
662
Biodegradable polymers
674
Torpedoes and unmanned undersea vehicles
674
DP 2 thrust vectoring system proof-of-concept demonstration
674
Virtual test bed for reconfigurable ship
675
Fleet health technology and occupational lung disease
675
Common towed array
676
Advanced land attack missile
676
Joint strike fighter
677
Nonlethal research and technologies
678
Power node control centers
678
Advanced food service technology
678
14 tactical reconnaissance
678
Marine Corps ground combat/supporting arms systems
679
Tactical unmanned aerial vehicles
679
Overview
680
XSS 10 micro-satellite technology demonstration
691
Specialty aerospace metals
691
Space-based radar
692
Space maneuver vehicle
692
Space Based Laser program
693
Electronic warfare development
693
Satellite control network
693
Manned reconnaissance systems
694
Overview
694
Chemical and Biological Defense Program
704
Nuclear sustainment and counterproliferation technologies
705
Blast mitigation testing
705
Chemical and biological detectors
705
Facial recognition access control technology
705
Weapons of mass destruction attack-effects-response assessment
capability at U.S. Joint Forces Command
707
Ballistic Missile Defense Organization funding and programmatic guidance
707
Defense imagery and mapping program
710
Special operations tactical systems development
710
Common imagery processor
711
Defense Space Reconnaissance Program
711
Future scout and cavalry system
712
Modernized hellfire/common missile
713
National Imagery and Mapping Agency pre-acquisition activities
713
Nuclear Detonation Detection System
715
Radar technology insertion program
716
Space launch ranges
716
Subtitle A--Authorization of Appropriations
716
Authorization of appropriations (secs. 201 202)
716
Subtitle B--Program Requirements, Restrictions, and Limitations
717
Management of Space-Based Infrared System-Low (sec. 211)
717
Joint strike fighter program (sec. 212)
717
Fiscal year 2002 joint field experiment (sec. 213)
717
Nuclear aircraft carrier design and production modeling (sec. 214)
718
DD 21 class destroyer program (sec. 215)
718
Limitation on Russian American Observation Satellites program (sec. 216)
718
Joint Biological Defense Program (sec. 217)
719
Report on biological warfare defense vaccine research and development
programs (sec. 218)
719
Cost limitations applicable to F 22 aircraft program (sec. 219)
720
Unmanned advanced capability combat aircraft and ground combat
vehicles (sec. 220)
720
Global Hawk high altitude endurance unmanned aerial vehicle (sec. 221)
721
Army space control technology development (sec. 222)
722
Subtitle C--Ballistic Missile Defense
722
Funding for fiscal year 2001 (sec. 231)
722
Reports on ballistic missile threat posed by North Korea (sec. 232)
722
Plan to modify ballistic missile defense architecture (sec. 233)
722
Management of Airborne Laser program (sec. 234)
723
Subtitle D--High Energy Laser Programs
723
High energy laser programs (secs. 241 250)
723
Subtitle E--Other Matters
724
Reports on mobile offshore base concept and potential use for certain
purposes of technologies associated with that concept (sec. 251)
724
Air Force science and technology planning (sec. 252)
724
Enhancement of authorities regarding education partnerships for
purposes of encouraging scientific study (sec. 253)
724
Recognition of those individuals instrumental to naval research
efforts during the period from before World War II through the end of
the Cold War (sec. 254)
724
Legislative Provisions not Adopted
725
Acoustic mine detection technology
725
Additional authorization for weathering and corrosion technology for
aircraft surfaces and parts
725
Air logistics technology
725
Ammunition risk analysis research
725
Funding for comparisons of medium armored vehicles
726
Joint technology information center initiative
726
Navy information technology center and human resource enterprise
strategy
726
Sense of Congress concerning commitment to deployment of National
Missile Defense System
726
Technology for mounted maneuver forces
726
Title III--Operation and Maintenance
727
Overview
727
Battlefield Mobility Enhancement System
756
Cultural and historic activities
756
MOCAS enhancements
756
Items of Special Interest
757
Funding for Formerly Used Defense Sites and the Conway Bombing and
Gunnery Range, Horry County, South Carolina
757
United States Army marksmanship program
757
Water quality issues at installations in Kaiserslautern, Germany
758
Legislative Provisions Adopted
758
Subtitle A--Authorization of Appropriations
758
Authorization of appropriations (secs. 301 302)
758
Armed Forces Retirement Home (sec. 303)
758
Transfer from National Defense Stockpile Transaction Fund (sec. 304)
758
Joint warfighting capabilities assessment teams (sec. 305)
759
Subtitle B--Environmental Provisions
759
Establishment of additional environmental restoration account and use
of accounts for operation and monitoring of environmental remedies (sec.
311)
759
Certain environmental restoration activities (sec. 312)
759
Annual reports under Strategic Environmental Research and Development
Program (sec. 313)
760
Payment of fines and penalties for environmental compliance at Fort
Wainwright, Alaska (sec. 314)
760
Payment of fines or penalties imposed for environmental compliance
violations at other Department of Defense facilities (sec. 315)
760
Reimbursement for certain costs in connection with the former
Nansemond Ordnance Depot Site, Suffolk, Virginia (sec. 316)
761
Necessity of military low-level flight training to protect national
security and enhance military readiness (sec. 317)
761
Ship disposal project (sec. 318)
761
Defense Environmental Security Corporate Information Management
Program (sec. 319)
762
Report on Plasma Energy Pyrolysis System (sec. 320)
762
Sense of Congress regarding environmental restoration of former
defense manufacturing site, Santa Clarita, California (sec. 321)
762
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
763
Use of appropriated funds to cover operating expenses of commissary
stores (sec. 331)
763
Adjustment of sales prices of commissary store goods and services to
cover certain expenses (sec. 332)
763
Use of surcharges for construction and improvement of commissary
stores (sec. 333)
763
Inclusion of magazines and other periodicals as an authorized
commissary merchandise category (sec. 334)
763
Use of most economical distribution method for distilled spirits
(sec. 335)
763
Report on effects of availability of slot machines on United States
military installations overseas (sec. 336)
764
Subtitle D--Department of Defense Industrial Facilities
764
Designation of Centers of Industrial and Technical Excellence and
public-private partnerships to increase utilization of such centers
(sec. 341)
764
Unutilized and underutilized plant-capacity costs of United States
arsenals (sec. 342)
765
Arsenal support program initiative (sec. 343)
765
Codification and improvement of armament retooling and manufacturing
support programs (sec. 344)
765
Subtitle E--Performance of Functions by Private-Sector Sources
765
Inclusion of additional information in reports to Congress required
before conversion of commercial or industrial type functions to
contractor performance (sec. 351)
765
Effects of outsourcing on overhead costs of Centers of Industrial and
Technical Excellence and Army ammunition plants (sec. 352)
766
Consolidation, restructuring, or re-engineering of Department of
Defense organizations, functions, or activities (sec. 353)
766
Monitoring of savings resulting from workforce reductions as part of
conversion of functions to performance by private sector or other
strategic sourcing initiatives (sec. 354)
767
Performance of emergency response functions at chemical weapons
storage installations (sec. 355)
767
Suspension of reorganization or relocation of Naval Audit Service
(sec. 356)
767
Subtitle F--Defense Dependents Education
768
Eligibility of dependents of American Red Cross employees for
enrollment in Department of Defense domestic dependent schools in Puerto
Rico (sec. 361)
768
Assistance to local educational agencies that benefit dependents of
members of the armed forces and Department of Defense civilian employees
(sec. 362)
768
Impact aid for children with severe disabilities (sec. 363)
768
Assistance for maintenance, repair, and renovation of school
facilities that serve dependents of members of the Armed Forces and
Department of Defense civilian employees (sec. 364)
768
Subtitle G--Military Readiness Issues
769
Measuring cannibalization of parts, supplies, and equipment under
readiness reporting system (sec. 371)
769
Reporting requirements regarding transfers from high-priority
readiness appropriations (sec. 372)
769
Effects of worldwide contingency operations on readiness of military
aircraft and equipment (sec. 373)
769
Identification of requirements to reduce backlog in maintenance and
repair of defense facilities (sec. 374)
769
New methodology for preparing budget requests to satisfy Army
readiness requirements (sec. 375)
770
Review of AH 64 aircraft program (sec. 376)
770
Report on Air Force spare and repair parts program for C 5 (sec. 377)
770
Subtitle H--Other Matters
770
Annual report on public sale of certain military equipment identified
on United States Munitions List (sec. 381)
770
Resale of armor-piercing ammunition disposed of by the Army (sec. 382)
771
Reimbursement by civil air carriers for support provided at Johnston
Atoll (sec. 383)
771
Travel by Reserves on military aircraft (sec. 384)
771
Overseas airlift service on Civil Reserve Air Fleet aircraft (sec. 385)
771
Additions to plan for ensuring visibility over all in-transit end
items and secondary items (sec. 386)
772
Reauthorization of pilot program for acceptance and use of landing
fees charged for use of domestic military airfields by civil aircraft
(sec. 387)
772
Extension of authority to sell certain aircraft for use in wildfire
suppression (sec. 388)
772
Damage to aviation facilities caused by alkali silica reactivity
(sec. 389)
772
Demonstration project to increase reserve component internet access
and services in rural communities (sec. 390)
772
Additional conditions on implementation of Defense Joint Accounting
System (sec. 391)
773
Report on Defense Travel System (sec. 392)
773
Review of Department of Defense costs of maintaining historical
properties (sec. 393)
773
Legislative Provisions not Adopted
774
Authority to ensure demilitarization of significant military
equipment formerly owned by the Department of Defense
774
Close-in weapon system overhauls
774
Industrial mobilization capacity at government-owned,
government-operated army ammunition facilities and arsenals
774
Investment of commissary trust revolving fund
774
MK 45 overhaul
774
Mounted urban combat training site, Fort Knox
775
National Guard assistance for certain youth and charitable organizations
775
Notice of use of radio frequency spectrum by a system entering
engineering and manufacturing development
775
Revision of authority to waive limitation on performance of
depot-level maintenance
776
Spectrum data base upgrades
776
Use of humanitarian and civic assistance funding for pay and
allowances of special operations command reserves furnishing demining
training and related assistance as humanitarian assistance
776
Weatherproofing of facilities at Keesler Air Force Base
776
Title IV--Military Personnel Authorizations
777
Items of Special Interest
777
Funding for Army Reserve Individual Mobilization Augmentees
777
Legislative Provisions Adopted
777
Subtitle A--Active Forces
777
End strengths for active forces (sec. 401)
777
Revision in permanent end strength minimum levels (sec. 402)
777
Adjustment to end strength flexibility authority (sec. 403)
778
Subtitle B--Reserve Forces
778
End strengths for Selected Reserve (sec. 411)
778
End strengths for Reserves on active duty in support of the reserves
(sec. 412)
778
End strengths for military technicians (dual status) (sec. 413)
779
Fiscal year 2001 limitation on non-dual status technicians (sec. 414)
780
Increase in numbers of members in certain grades authorized to be on
active duty in support of the Reserves (sec. 415)
780
Subtitle C--Other Matters Relating to Personnel Strengths
781
Authority for Secretary of Defense to suspend certain personnel
strength limitations during war or national emergency (sec. 421)
781
Exclusion from active component end strengths of certain reserve
component members on active duty in support of the combatant commands
(sec. 422)
782
Exclusion of Army and Air Force medical and dental officers from
limitation on strengths of reserve comissioned officers in grades below
brigadier general (sec. 423)
782
Authority for temporary increases in number of reserve component
personnel serving on active duty or full-time national guard duty in
certain grades (sec. 424)
782
Subtitle D--Authorization of Appropriations
782
Authorization of appropriations for military personnel (sec. 431)
782
Legislative Provisions not Adopted
784
Temporary exemption of Director of the National Security Agency from
limitations on number of Air Force officers above major general
784
Title V--Military Personnel Policy
785
Legislative Provisions Adopted
785
Subtitle A--Officer Personnel Policy
785
Eligibility of Army and Air Force reserve colonels and brigadier
generals for position vacancy promotions (sec. 501)
785
Flexibility in establishing promotion zones for Coast Guard Reserve
officers (sec. 502)
785
Time for release of reports of officer promotion selection boards
(sec. 503
785
Clarification of requirements for composition of active-duty list
selection boards when reserve officers are under consideration (sec.
504)
785
Authority to issue posthumous commissions in case of members dying
before official recommendation for appointment or promotion is approved
by Secretary concerned (sec. 505)
785
Technical corrections relating to retired grade rule for Army and Air
Force officers (sec. 506)
786
Grade of chiefs of reserve components and directors of National Guard
components (sec. 507)
786
Revision to rules for entitlement to separation pay for regular and
reserve officers (sec. 508)
786
Subtitle B--Reserve Component Personnel Policy
787
Exemption from active-duty list for reserve officers on active duty
for a period of three years or less (sec. 521)
787
Termination of application requirement for consideration of officers
for continuation on the reserve active-status list (sec. 522)
787
Authority to retain Air Force reserve officers in all medical
specialties until specified age (sec. 523)
787
Authority for provision of legal services to reserve component
members following release from active duty (sec. 524)
787
Extension of involuntary civil service retirement date for certain
reserve technicians (sec. 525)
787
Subtitle C--Education and Training
788
Eligibility of children of reserves for presidential appointment to
service academies (sec. 531)
788
Selection of foreign students to receive instruction at service
academies (sec. 532)
788
Revision of college tuition assistance program for members of Marine
Corps Platoon Leaders Class program (sec. 533)
788
Review of allocation of Junior Reserve Officers Training Corps units
among the services (sec. 534)
788
Authority for Naval Postgraduate School to enroll certain defense
industry civilians in specified programs relating to defense product
development (sec. 535)
789
Subtitle D--Decorations, Awards, and Commendations
789
Limitation on award of Bronze Star to members in receipt of Imminent
Danger Pay (sec. 541)
789
Consideration of proposals for posthumous or honorary promotions or
appointments of members or former members of the armed forces and other
qualified persons (sec. 542)
789
Waiver of time limitations for award of certain decorations to
certain persons (sec. 543)
789
Addition of certain information to markers on graves containing
remains of certain unknowns from the U.S.S. Arizona who died in the
Japanese attack on Pearl Harbor on December 7, 1941 (sec. 544)
790
Sense of Congress on the court-martial conviction of Captain Charles
Butler McVay, commander of the U.S.S. Indianapolis, and on the
courageous service of the crew of that vessel (sec. 545)
790
Posthumous advancement on retired list of Rear Admiral Husband E.
Kimmel and Major General Walter C. Short, senior officers in command in
Hawaii on December 7, 1941 (sec. 546)
790
Commendation of citizens of Remy, France, for World War II actions
(sec. 547)
791
Authority for award of the medal of honor to William H. Pitsenbarger
for valor during the Vietnam War (sec. 548)
791
Subtitle E--Military Justice and Legal Aissitance Matters
791
Recognition by states of military testamentary instruments (sec. 551)
791
Policy concerning rights of individuals whose names have been entered
into Department of Defense official criminal investigative reports (sec.
552)
791
Limitation on secretarial authority to grant clemency for military
prisoners serving sentence of confinement for life without eligibility
for parole (sec. 553)
792
Authority for civilian special agents of the military department
criminal investigative organizations to execute warrants and make
arrests (sec. 554)
792
Requirement for verbatim record in certain special court-martial
cases (sec. 555)
792
Commemoration of the fiftieth anniversary of the Uniform Code of
Military Justice (sec. 556)
793
Subtitle F--Matters Relating to Recruiting
793
Army recruiting pilot programs (sec. 561)
793
Enhancement of recruitment market research and advertising programs
(sec. 562)
793
Access to secondary schools for military recruiting purposes (sec. 563)
793
Pilot program to enhance military recruiting by improving military
awareness of school counselors and educators (sec. 564)
794
Subtitle G--Other Matters
794
Extension to end of calendar year of expiration date for certain
force drawdown transition authorities (sec. 571)
794
Voluntary separation incentive (sec. 572)
794
Congressional review period for assignment of women to duty on
submarines and for any proposed reconfiguration or design of submarines
to accommodate female crew members (sec. 573)
795
Management and per diem requirements for members subject to lengthy
or numerous deployments (sec. 574)
795
Pay in lieu of allowance for funeral honors duty (sec. 575)
795
Test of ability of reserve component intelligence units and personnel
to meet current and emerging defense intelligence needs (sec. 576)
796
National Guard Challenge Program (sec. 577)
796
Study of use of civilian contractor pilots for operational support
missions (sec. 578)
796
Reimbursement for expenses incurred by members in connection with
cancellation of leave on short notice (sec. 579)
797
Legislative Provisions not Adopted
797
Authority for award of the Medal of Honor
797
Collection and use of deoxyribonucleic acid identification
information from violent and sexual offenders in the armed forces
797
Contingent exemption from limitation on number of Air Force officers
serving on active duty in grades above major general
798
Joint Officer Management
798
Military Voting Rights Act of 2000
798
Preparation, participation, and conduct of athletic competitions and
small arms competitions by the National Guard and members of the
National Guard
798
Repeal of contingent funding increase for Junior Reserve Officers
Training Corps
798
Review of actions of selection boards
799
Title VI--Compensation and other Personnel Benefits
799
Legislative Provisions Adopted
799
Subtitle A--Pay and Allowances
799
Increase in basic pay for fiscal year 2001 (sec. 601)
799
Additional restructuring of basic pay rates for enlisted members
(sec. 602)
799
Revised method for calculation of basic allowance for subsistence
(sec. 603)
800
Family subsistence supplemental allowance for low-income members of
the Armed Forces (sec. 604)
800
Basic allowance for housing (sec. 605)
800
Additional amount available for fiscal year 2001 increase in basic
allowance for housing inside the United States (sec. 606)
801
Equitable treatment of junior enlisted members in computation of
basic allowance for housing (sec. 607)
801
Eligibility of members in grade E 4 to receive basic allowance for
housing while on sea duty (sec. 608)
801
Personal money allowance for senior enlisted members of the armed
forces (sec. 609)
801
Increased uniform allowances for officers (sec. 610)
801
Cabinet-level authority to prescribe requirements and allowance for
clothing of enlisted members (sec. 611)
802
Increase in monthly subsistence allowance for members of
precommissioning programs (sec. 612)
802
Subtitle B--Bonuses and Special and Incentive Pays
802
Extension of certain bonuses and special pay authorities for reserve
forces (sec. 621)
802
Extension of certain bonuses and special pay authorities for nurse
officer candidates, registered nurses, and nurse anesthetists (sec. 622)
802
Extension of authorities relating to payment of other bonuses and
special pays (sec. 623)
803
Revision of enlistment bonus authority (sec. 624)
803
Consistency of authorities for special pay for reserve medical and
dental officers (sec. 625)
803
Elimination of required congressional notification before
implementation of certain special pay authority (sec. 626)
803
Special pay for physician assistants of the Coast Guard (sec. 627)
803
Authorization of special pay and accession bonus for pharmacy
officers (sec. 628)
804
Correction of references to Air Force veterinarians (sec. 629)
804
Career sea pay (sec. 630)
804
Increased maximum rate of special duty assignment pay (sec. 631)
804
Entitlement of members of the National Guard and other reserves not
on active duty to receive special duty assignment pay (sec. 632)
804
Authorization of retention bonus for members of the armed forces
qualified in a critical military skill (sec. 633)
805
Entitlement of active duty officers of the Public Health Service
Corps to special pays and bonuses of health professional officers of the
armed forces (sec. 634)
805
Subtitle C--Travel and Transportation Allowances
805
Advance payments for temporary lodging of members and dependents
(sec. 641)
805
Additional transportation allowance regarding baggage and household
effects (sec. 642)
805
Incentive for shipping and storing household goods in less than
average weights (sec. 643)
805
Equitable dislocation allowances for junior enlisted members (sec. 644)
806
Authority to reimburse military recruiters, senior ROTC cadre, and
Military Entrance Processing personnel for certain parking expenses
(sec. 645)
806
Expansion of funded student travel for dependents (sec. 646)
806
Subtitle D--Retirement and Survivor Benefit Matters
806
Exception to high-36-month retired pay computation for members
retired following a disciplinary reduction in grade (sec. 651)
806
Increase in maximum number of reserve retirement points that may be
credited in any year (sec. 652)
806
Retirement from active reserve service after regular retirement (sec.
653)
807
Same treatment for federal judges as for other federal officials
regarding payment of military retired pay (sec. 654)
807
Reserve Component Survivor Benefit Plan spousal consent requirement
(sec. 655)
807
Sense of Congress on increasing Survivor Benefit Plan annuities for
surviving spouses age 62 or older (sec. 656)
807
Revision to special compensation authority to repeal exclusion of
uniformed services retirees in receipt of disability retired pay (sec.
657)
807
Subtitle E--Other Matters
808
Participation in Thrift Savings Plan (sec. 661)
808
Determinations of income eligibility for special supplemental food
program (sec. 662)
808
Billeting services for reserve members traveling for inactive-duty
training (sec. 663)
808
Settlement of claims for payments for unused accrued leave and for
retired pay (sec. 664)
808
Additional benefits and protections for personnel incurring injury,
illness, or disease in the performance of funeral honors duty (sec. 665)
809
Authority for extension of deadline for filing claims associated with
capture and interment of certain persons by North Vietnam (sec. 666)
809
Back pay for members of the Navy and Marine Corps selected for
promotion while interned as prisoners of war during World War II (sec.
667)
809
Sense of Congress concerning funding for reserve components (sec. 668)
809
Legislative Provisions Not Adopted
809
Authority to pay gratuity to certain veterans of Bataan and Corregidor
809
Benefits for members not transporting personal motor vehicles overseas
810
Computation of survivor benefits
810
Concurrent payment of retired pay and compensation for retired
members with service-connected disabilities
810
Concurrent payment to surviving spouses of Disability and Indemnity
Compensation and annuities under Survivor Benefit Plan
810
Effective date of disability retirement for members dying in civilian
medical facilities
810
Eligibility of certain members of the Individual Ready Reserve for
Servicemembers' Group Life Insurance
811
Equitable application of early retirement eligibility requirements to
military reserve technicians
811
Family coverage under Servicemembers' Group Life Insurance
811
Fees paid by residents of the Armed Forces Retirement Home
811
Recognition of members of the Alaska Territorial Guard as veterans
811
Survivor benefit plan annuities for survivors of all members who die
on active duty
812
Travel by reservists on military aircraft to and from locations
outside the continental United States for inactive-duty training
812
Title VII--Health Care Provisions
812
Legislative Provisions Adopted
812
Subtitle A--Health Care Services
812
Provision of domiciliary and custodial care for CHAMPUS beneficiaries
and certain former CHAMPUS beneficiaries (sec. 701)
812
Chiropractic health care for members on active duty (sec. 702)
812
School-required physical examinations for certain minor dependents
(sec. 703)
813
Two-year extension of dental and medical benefits for surviving
dependents of certain deceased members (sec. 704)
813
Two-year extension of authority for use of contract physicians at
military entrance processing stations and elsewhere outside medical
treatment facilities (sec. 705)
813
Medical and dental care for medal of honor recipients (sec. 706)
813
Subtitle B--Senior Health Care
814
Implementation of TRICARE senior pharmacy program (sec. 711)
814
Conditions for eligibility for CHAMPUS and TRICARE upon the
attainment of age 65; expansion and modification of medicare subvention
project (sec. 712)
814
Accrual funding for health care for Medicare-eligible retirees and
dependents (sec. 713)
815
Subtitle C--TRICARE Program
815
Improvement of access to health care under the TRICARE program (sec.
721)
815
Additional beneficiaries under TRICARE prime remote program in the
continental United States (sec. 722)
816
Modernization of TRICARE business practices and increase of use of
military treatment facilities (sec. 723)
816
Extension of TRICARE managed care support contracts (sec. 724)
816
Report on protections against health care providers seeking direct
reimbursement from members of the uniformed services (sec. 725)
817
Voluntary termination of enrollment in TRICARE retiree dental program
(sec. 726)
817
Claims processing improvements (sec. 727)
817
Prior authorizations for certain referrals and
nonavailability-of-health-care statements (sec. 728)
817
Subtitle D--Demonstration Projects
818
Demonstration project for expanded access to mental health counselors
(sec. 731)
818
Teleradiology demonstration project (sec. 732)
818
Health care management demonstration program (sec. 733)
818
Subtitle E--Joint Initiatives With Department of Veterans Affairs
818
VA DOD sharing agreements for health services (sec. 741)
818
Processes for patient safety in military and veterans health care
systems (sec. 742)
819
Cooperation in developing pharmaceutical identification technology
(sec. 743)
819
Subtitle F--Other Matters
819
Management of anthrax vaccine immunization program (sec. 751)
819
Elimination of copayments for immediate family (sec. 752)
819
Medical informatics (sec. 753)
820
Patient care reporting and management system (sec. 754)
820
Augmentation of Army medical department by detailing reserve officers
of the Public Health Service (sec. 755)
820
Privacy of Department of Defense medical records (sec. 756)
820
Authority to establish special locality-based reimbursement rates;
reports (sec. 757)
821
Reimbursement for certain travel expenses (sec. 758)
821
Reduction of cap on payments (sec. 759)
821
Training in health care management and administration (sec. 760)
821
Study on feasibility of sharing biomedical research facility (sec. 761)
821
Study on comparability of coverage for physical, speech, and
occupational therapies (sec. 762)
822
Legislative Provisions not Adopted
822
Extended coverage under the Federal Employees Health Benefits Program
822
Extension of TRICARE senior supplement program
822
Service areas of transferees of former uniformed services treatment
facilities
822
Study of accrual financing for health care for military retirees
822
Study of accrual financing for health care for retirees of the
uniformed services
823
Study on health care options for medicare-eligible military retirees
823
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
823
Items of Special Interest
823
Acquisition programs at the National Security Agency
823
Legislative Provisions Adopted
824
Subtitle A--Amendments to General Contracting Authorities,
Procedures, and Limitations
824
Department of Defense acquisition pilot programs (sec. 801)
824
Multiyear services contracts (sec. 802)
824
Clarification and extension of authority to carry out certain
prototype projects (sec. 803)
825
Clarification of authority of Comptroller General to review records
of participants in certain prototype projects (sec. 804)
825
Extension of time period of limitation on procurement of ball
bearings and roller bearings (sec. 805)
826
Reporting requirements relating to multiyear contracts (sec. 806)
826
Eligibility of small business concerns owned and controlled by women
for assistance under the mentor-protege program (sec. 807)
826
Qualifications required for employment and assignment in contracting
positions (sec. 808)
826
Revision of authority for solutions-based contracting pilot program
(sec. 809)
827
Procurement notice of contracting opportunities through electronic
means (sec. 810)
827
Subtitle B--Information Technology
827
Acquisition and management of information technology (sec. 811)
827
Tracking and management of information technology purchases (sec. 812)
827
Appropriate use of requirements regarding experience and education of
contractor personnel in the procurement of information technology
services (sec. 813)
828
Navy-Marine Corps Intranet (sec. 814)
828
Sense of Congress regarding information technology systems for guard
and reserve components (sec. 815)
829
Subtitle C--Other Acquisition-Related Matters
829
Improvements in procurements of services (sec. 821)
829
Financial analysis of use of dual rate for quantifying overhead costs
at army ammunition plants (sec. 822)
830
Repeal of prohibition on use of Department of Defense funds for the
procurement of nuclear-capable shipyard crane from a foreign source
(sec. 823)
830
Extension of waiver period for live-fire survivability testing for MH
47E and MH 60K helicopter modifications programs (sec. 824)
830
Compliance with existing law regarding purchases of equipment and
products (sec. 825)
830
Requirement to disregard certain agreements in awarding contracts for
the purchase of firearms or ammunition (sec. 826)
831
Subtitle D--Studies and Reports
831
Study on impact of foreign sourcing of systems on long-term military
readiness and related industrial infrastructure (sec. 831)
831
Study of policies and procedures for transfer of commercial
activities (sec. 832)
831
Study and report on practice of contract bundling in military
construction contracts (sec. 833)
831
Requirement to conduct study on contract bundling (sec. 834)
831
Legislative Provisions not Adopted
832
Management of acquisition of mission-essential software for major
defense acquisition programs
832
Repeal of requirement for contractor assurances regarding the
completeness, accuracy, and contractual sufficiency of technical data
provided by contractor
832
Revision of the organization and authority of the cost accounting
standards board
832
Technical data rights for items developed exclusively at private expense
832
Title IX--Department of Defense Organization and Management
833
Legislative Provisions Adopted
833
Subtitle A--Duties and Functions of Department of Defense Officers
833
Overall supervision of Department of Defense activities for combating
terrorism (sec. 901)
833
Change of title of certain positions in the Headquarters, Marine
Corps (sec. 902)
834
Clarification of scope of Inspector General authorities under
military whistleblower law (sec. 903)
834
Policy to ensure conduct of science and technology programs so as to
foster the transition of science and technology to higher levels of
research, development, test, and evaluation (sec. 904)
834
Additional components of Chairman of the Joint Chiefs of Staff annual
report on combatant command requirements (sec. 905)
835
Subtitle B--Department of Defense Organization
835
Western Hemisphere Institute for Security Cooperation (sec. 911)
835
Department of Defense regional centers for security studies (sec. 912)
836
Change in name of Armed Forces Staff College to Joint Forces Staff
College (sec. 913)
836
Special authority for administration of Navy Fisher Houses (sec. 914)
836
Supervisory control of Armed Forces Retirement Home Board by
Secretary of Defense (sec. 915)
837
Semiannual report on the Joint Requirements Oversight Council reform
initiative (sec. 916)
837
Comptroller General review of operations of Defense Logistics Agency
(sec. 917)
837
Comptroller General review of operations of Defense Information
Systems Agency (sec. 918)
837
Subtitle C--Information Security
838
Institute for Defense Computer Security and Information Protection
(sec. 921)
838
Information security scholarship program (sec. 922)
838
Subtitle D--Reports
838
Date of submittal of reports on shortfalls in equipment procurement
and military construction for reserve components in future-years defense
programs (sec. 931)
838
Report on number of personnel assigned to legislative liaison
functions (sec. 932)
838
Joint report on establishment of national collaborative information
analysis capability (sec. 933)
839
Network centric warfare (sec. 934)
839
Report on Air Force Institute of Technology (sec. 935)
839
Subtitle E--Other Matters
840
Flexibility in implementation of limitation on major Department of
Defense headquarters activities personnel (sec. 941)
840
Consolidation of certain Navy gift funds (sec. 942)
840
Temporary authority to dispose of a gift previously accepted for the
Naval Academy (sec. 943)
840
Legislative Provisions not Adopted
840
Defense acquisition workforce
840
National Defense Panel 2001
841
Quadrennial National Defense Panel
841
Title X--General Provisions
841
Legislative Provisions Adopted
841
Subtitle A--Financial Matters
841
Transfer authority (sec. 1001)
841
Incorporation of classified annex (sec. 1002)
841
Authorization of emergency supplemental appropriations for fiscal
year 2000 (sec. 1003)
841
United States contribution to NATO common-funded budgets in fiscal
year 2001 (sec. 1004)
842
Limitation on funds for Bosnia and Kosovo peacekeeping operations for
fiscal year (sec. 1005)
842
Requirement for prompt payment of contract vouchers (sec. 1006)
842
Plan for the prompt recording of obligations of funds for contractual
transactions (sec. 1007)
843
Electronic submission and processing of claims for contract payments
(sec. 1008)
843
Administrative offsets for overpayment of transportation costs (sec.
1009)
843
Interest penalties for late payments of interim payments due under
Government service contracts (sec. 1010)
843
Subtitle B--Naval Vessels and Shipyards
844
Revisions to national defense features program (sec. 1011)
844
Sense of Congress on the naming of the CVN 77 aircraft carrier (sec.
1012)
844
Authority to transfer naval vessels to certain foreign countries
(sec. 1013)
844
Authority to consent to retransfer of alternative former naval vessel
by Government of Greece (sec. 1014)
844
Subtitle C--Counter-Drug Activities
845
Extension of authority to provide additional support for counter-drug
activities of Colombia (sec. 1021)
846
Report on Department of Defense expenditures to support foreign
counter-drug activities (sec. 1022)
846
Recommendations on expansion of support for counter-drug activities
(sec. 1023)
846
Review of riverine counter-drug program (sec. 1024)
847
Report on tethered aerostat radar system (sec. 1025)
847
Sense of Congress regarding use of the armed forces for counter-drug
and counter-terrorism activities (sec. 1026)
847
Subtitle D--Counterterrorism and Domestic Preparedness
848
Preparedness of military installation first responders for incidents
involving weapons of mass destruction (sec. 1031)
848
Additional weapons of mass destruction civil support teams (sec. 1032)
848
Authority to provide loan guarantees to improve domestic preparedness
to combat cyberterrorism (sec. 1033)
849
Report on the status of domestic preparedness against the threat of
biological terrorism (sec. 1034)
849
Report on strategy, policies, and programs to combat domestic
terrorism (sec. 1035)
849
Subtitle E--Strategic Forces
850
Revised nuclear posture review (sec. 1041)
850
Plan for the long-term sustainment and modernization of United States
strategic nuclear forces (sec. 1042)
850
Modification of scope of waiver authority for limitation on
retirement or dismantlement of strategic nuclear delivery systems (sec.
1043)
850
Report on the defeat of hardened and deeply buried targets (sec. 1044)
851
Sense of Congress on the maintenance of the Strategic Nuclear Triad
(sec. 1045)
851
Subtitle F--Miscellaneous Reporting Requirements
851
Management review of working-capital fund activities (sec. 1051)
851
Report on submarine rescue support vessels (sec. 1052)
851
Report on Federal Government progress in developing information
assurance strategies (sec. 1053)
852
Department of Defense process for decisionmaking in cases of false
claims (sec. 1054)
852
Subtitle G--Government Information Security Reform
852
Government information security reform (secs. 1061 1065)
852
Subtitle H--Security Matters
853
Limitation on granting of security clearances (sec. 1071)
853
Process for prioritizing background investigations for security
clearances for Department of Defense personnel and defense contractor
personnel (sec. 1072)
853
Authority to withhold certain sensitive information from public
disclosure (sec. 1073)
853
Expansion of authority to exempt geodetic products of the Department
of Defense from public disclosure (sec. 1074)
854
Expenditures for declassification activities (sec. 1075)
854
Enhanced access to criminal history record information for national
security and other purposes (sec. 1076)
854
Two-year extension of authority to engage in commercial activities as
security for intelligence collection activities (sec. 1077)
854
Coordination of nuclear weapons secrecy policies and consideration of
health of workers at former Department of Defense nuclear facilities
(sec. 1078)
855
Subtitle I--Other Matters
855
Funds for administrative expenses under Defense Export Loan Guarantee
program (sec. 1081)
855
Transit pass program Department of Defense personnel in poor air
quality areas (sec. 1082)
855
Transfer of Vietnam-era TA 4 aircraft to a non-profit foundation
(sec. 1083)
856
Transfer of 19th century cannon to museum (sec. 1084)
856
Fees for providing historical information to the public (sec. 1085)
856
Grants to American Red Cross for Armed Forces emergency services
(sec. 1086)
856
Technical and clerical amendments (sec. 1087)
857
Maximum size of parcel post packages transported overseas for Armed
Forces post offices (sec. 1088)
857
Sense of Congress regarding tax treatment of members receiving
special pay for duty subject to hostile fire or imminent danger (sec.
1089)
857
Organization and management of the civil air patrol (sec. 1090)
857
Additional duties for the Commission to Assess United States National
Security Space Management and Organization (sec. 1091)
858
Commission on the future of the United States aerospace industry
(sec. 1092)
858
Drug addiction treatment (sec. 1093)
858
Legislative Provisions not Adopted
858
Annual OMB/CBO joint report on scoring budget outlays
858
Authority to provide headstones or markers for marked graves or
otherwise commemorate certain individuals
858
Breast cancer stamp extension
859
Comprehensive study and support for criminal investigations and
prosecutions by state and local law enforcement officials
859
Local Law Enforcement Enhancement Act of 2000
859
Plan to ensure compliance with financial management requirements
859
Protection of operational files of the Defense Intelligence Agency
859
Repeal of certain provisions shifting outlays from one fiscal year to
another
860
Report to the Congress regarding extent and severity of child poverty
860
Sense of the Senate concerning long-term economic development aid for
communities rebuilding from hurricane Floyd
860
Title XI--Department of Defense Civilian Personnel
860
Legislative Provisions Adopted
860
Subtitle A--Civilian Personnel Management Generally
860
Employment and compensation of employees for temporary organizations
established by law or executive order (sec. 1101)
860
Assistive technology accommodations program (sec. 1102)
861
Extension of authority for voluntary separations in reductions in
force (sec. 1103)
861
Electronic maintenance of performance appraisal systems (sec. 1104)
861
Study on civilian personnel services (sec. 1105)
861
Subtitle B--Demonstration and Pilot Programs
862
Pilot program for reengineering the equal employment opportunity
complaint process (sec. 1111)
862
Work safety demonstration program (sec. 1112)
862
Extension, expansion, and revision of authority for experimental
personnel program for scientific and technical personnel (sec. 1113)
862
Clarification of personnel management authority under personnel
demonstration project (sec. 1114)
862
Subtitle C--Educational Assistance
863
Restructuring the restriction on degree training (sec. 1121)
863
Student loan repayment programs (sec. 1122)
863
Extension of authority for tuition reimbursement and training for
civilian employees in the defense acquisition workforce (sec. 1123)
863
Subtitle D--Other Benefits
864
Additional special pay for foreign language proficiency beneficial
for United States national security interests (sec. 1131)
864
Approval authority for cash awards in excess of $10,000 (sec. 1132)
864
Leave for crews of certain vessels (sec. 1133)
864
Life insurance for emergency essential Department of Defense
employees (sec. 1134)
864
Subtitle E--Intelligence Civilian Personnel
864
Expansion of defense civilian intelligence personnel system positions
(sec. 1141)
864
Increase in number of positions authorized for the Defense
Intelligence Senior Executive Service (sec. 1142)
865
Subtitle F--Voluntary Separation Incentive Pay and Early Retirement
Authority
865
Voluntary separation incentive pay and early retirement authority
(secs. 1151 1153)
865
Legislative Provisions not Adopted
865
Department of Defense employee voluntary early retirement authority
865
Extension of authority for voluntary separations in reductions in force
866
Extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early retirement
866
Strategic plan
866
Title XII--Matters Relating to Other Nations
866
Legislative Provisions Adopted
866
Subtitle A--Matters Related to Arms Control
866
Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities (sec. 1201)
866
Support of consultations on Arab and Israeli arms control and
regional security issues (sec. 1202)
866
Furnishing of nuclear test monitoring equipment to foreign
governments (sec. 1203)
867
Additional matters for annual report on transfers of militarily
sensitive technology to countries and entities of concern (sec. 1204)
867
Subtitle B--Matters Relating to the Balkans
867
Annual report assessing effect of continued operations in the Balkans
region on readiness to execute the national military strategy (sec.
1211)
867
Situation in the Balkans (sec. 1212)
868
Semiannual report on Kosovo peacekeeping (sec. 1213)
868
Subtitle C--North Atlantic Treaty Organization and United States
Forces in Europe
869
NATO fair burdensharing (sec. 1221)
869
Repeal of restriction preventing cooperative airlift support through
acquisition and cross-servicing agreements (sec. 1222)
870
GAO study on the benefits and costs of the United States military
engagement in Europe (sec. 1223)
870
Subtitle D--Other Matters
870
Joint data exchange center with Russian Federation on early warning
systems and notification of ballistic missile launches (sec. 1231)
870
Report on sharing and exchange of ballistic missile launch early
warning data (sec. 1232)
871
Annual report of Communist Chinese military companies operating in
the United States (sec. 1233)
871
Adjustment of composite theoretical performance levels of high
performance computers (sec. 1234)
871
Increased authority to provide healthcare services as humanitarian
and civic assistance (sec. 1235)
872
Sense of Congress regarding the use of children as soldiers (sec. 1236)
872
Sense of Congress regarding undersea rescue and recovery (sec. 1237)
873
United States-China Security Review Commission (sec. 1238)
873
Legislative Provisions not Adopted
873
Limitation on number of military personnel in Colombia
873
Prohibition on assumption by United States Government of liability
for nuclear accidents in North Korea
874
Title XIII--Cooperative Threat Reduction With States of the Former
Soviet Union
874
Legislative Provisions Adopted
874
Specification of cooperative threat reduction programs and funds
(sec. 1301)
874
Funding allocations (sec. 1302)
874
Prohibition on use of funds for elimination of conventional weapons
(sec. 1303)
875
Limitations on use of funds for fissile material storage facility
(sec. 1304)
875
Limitation on use of funds to support warhead dismantlement
processing (sec. 1305)
875
Agreement on nuclear weapons storage sites (sec. 1306)
875
Limitation on use of funds for construction of fossil fuel energy
plants; report (sec. 1307)
876
Reports on activities and assistance under cooperative threat
reduction programs (sec. 1308)
876
Russian chemical weapons elimination (sec. 1309)
877
Limitation on use of funds for elimination of weapons grade plutonium
program (sec. 1310)
878
Report on audits of Cooperative Threat Reduction programs (sec. 1311)
878
Legislative Provisions Not Adopted
878
Limitation on use of funds for prevention of biological weapons
proliferation in Russia
878
Title XIV--Commission to Assess the Threat to the United States from
Electromagnetic Pulse (EMP) Attack
879
Legislative Provisions Adopted
879
Commission to assess the threat to the United States from
electromagnetic pulse (EMP) attack (secs. 1401 1409)
879
Title XV--Navy Activities on the Island of Vieques, Puerto Rico
879
Legislative Provisions Adopted
879
Navy activities on the island of Vieques, Puerto Rico (secs. 1501 1508)
879
Title XVI--Veterans Education Benefits
881
Legislative Provisions Adopted
881
Additional opportunity for certain VEAP participants to enroll in
basic educational assistance under Montgomery G.I. Bill (sec. 1601)
881
Modification of authority to pay tuition for off-duty training and
education (sec. 1602)
882
Clarification of Department of Veterans Affairs duty to assist (sec.
1611)
882
Legislative Provisions not Adopted
882
Modification of time for use by certain members of the Selected
Reserve of entitlement to educational assistance
882
Modification of time for use by certain members of Selected Reserve
of entitlement to certain educational assistance
882
Short title
882
Transfer of entitlement to educational assistance by certain members
of the armed forces
882
Title XVII--Assistance to Firefighters
883
Legislative Provisions Adopted
883
Assistance to Firefighters (secs. 1701 1707)
883
Title XVIII--Impact Aid
885
Legislative Provisions Adopted
885
Impact Aid Reauthorization Act of 2000 (secs. 1801 1818)
885
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
885
Overview
885
Title XXI--Army
905
Overview
905
Legislative Provisions Adopted
905
Authorized Army construction and land acquisition projects (sec. 2101)
905
Family housing (sec. 2102)
905
Improvements to military family housing units (sec. 2103)
906
Authorization of appropriations, Army (sec. 2104)
906
Modification of authority to carry out certain fiscal year 2000
projects (sec. 2105)
906
Modification of authority to carry out certain fiscal year 1999
projects (sec. 2106)
906
Modification of authority to carry out fiscal year 1998 project (sec.
2107)
907
Authority to accept funds for realignment of certain military
construction project, Fort Campbell, Kentucky (sec. 2108)
907
Title XXII--Navy
907
Overview
907
Items of Special Interest
908
Improvements to military family housing, Navy
908
Legislative Provisions Adopted
908
Authorized Navy construction and land acquisition projects (sec. 2201)
908
Family housing (sec. 2202)
908
Improvements to military family housing units (sec. 2203)
908
Authorization of appropriations, Navy (sec. 2204)
908
Modification of authority to carry out fiscal year 1997 project at
Marine Corps Combat Development Command, Quantico, Virginia (sec. 2205)
909
Title XXIII--Air Force
909
Overview
909
Legislative Provisions Adopted
909
Authorized Air Force construction and land acquisition projects (sec.
2301)
909
Family housing (sec. 2302)
909
Improvements to military family housing units (sec. 2303)
910
Authorization of appropriations, Air Force (sec. 2304)
910
Title XXIV--Defense Agencies
910
Overview
910
Items of Special Interest
910
Military construction projects, Manta Air Base, Ecuador
910
Legislative Provisions Adopted
911
Authorized Defense Agencies construction and land acquisition
projects (sec. 2401)
911
Energy conservation projects (sec. 2402)
911
Authorization of appropriations, Defense Agencies (sec. 2403)
911
Modification of authority to carry out certain fiscal year 1990
project (sec. 2404)
911
Title XXV--North Atlantic Treaty Organization Security Investment
Program
912
Overview
912
Legislative Provisions Adopted
912
Authorized NATO construction and land acquisition projects (sec. 2501)
912
Authorization of appropriations, NATO (sec. 2502)
912
Title XXVI--Guard and Reserve Forces Facilities
912
Overview
912
Items of Special Interest
913
Support for Weapons of Mass Destruction Civil Support Teams
913
Legislative Provisions Adopted
913
Authorized Guard and Reserve construction and land acquisition
projects (sec. 2601)
913
Authority to contribute to construction of airport tower, Cheyenne
Airport, Cheyenne, Wyoming (sec. 2602)
913
Title XXVII--Expiration and Extension of Authorizations
913
Legislative Provisions Adopted
913
Expiration of authorizations and amounts required to be specified by
law (sec. 2701)
913
Extension of authorizations of certain fiscal year 1998 projects
(sec. 2702)
914
Extension of authorizations of certain fiscal year 1997 projects
(sec. 2703)
914
Effective date (sec. 2704)
914
Title XXVIII--General Provisions
914
Subtitle A--Military Construction Program and Military Family Housing
Changes
914
Joint use military construction projects (sec. 2801)
914
Exclusion of certain costs from determination of applicability of
limitation on use of funds for improvement of family housing (sec. 2802)
915
Revision of space limitations for military family housing (sec. 2803)
915
Modification of lease authority for high-cost military family housing
(sec. 2804)
915
Provision of utilities and services under alternative authority for
acquisition and improvement of military housing (sec. 2805)
916
Extension of alternative authority for acquisition and improvement of
military housing (sec. 2806)
916
Expansion of definition of armory to include readiness centers (sec.
2807)
916
Subtitle B--Real Property and Facilities Administration
917
Increase in threshold for notice and wait requirements for real
property transactions (sec. 2811)
917
Enhancement of authority of military departments to lease non-excess
property (sec. 2812)
917
Conveyance authority regarding utility systems of military
departments (sec. 2813)
917
Permanent conveyance authority to improve property management (sec.
2814)
918
Subtitle C--Defense Base Closure and Realignment
918
Scope of agreements to transfer property to redevelopment authorities
without consideration under the base closure laws (sec. 2821)
918
Subtitle D--Land Conveyances
919
Part I--Army Conveyances
919
Transfer of jurisdiction, Rock Island Arsenal, Illinois (sec. 2831)
919
Land conveyance, Army Reserve Center, Galesburg, Illinois (sec. 2832)
919
Land conveyance, Charles Melvin Price Support Center, Illinois (sec.
2833)
919
Land conveyance, Fort Riley, Kansas (sec. 2834)
919
Land conveyance, Fort Polk, Louisiana (sec. 2835)
920
Land conveyance, Army Reserve Center, Winona, Minnesota (sec. 2836)
920
Land conveyance, Fort Dix, New Jersey (sec. 2837)
920
Land conveyance, Nike Site 43, Elrama, Pennsylvania (sec. 2838)
920
Land exchange, Army Reserve Local Training Center, Chattanooga,
Tennessee (sec. 2839)
920
Land exchange, Fort Hood, Texas (sec. 2840)
921
Land conveyance, Fort Pickett, Virginia (sec. 2841)
921
Land conveyance, Fort Lawton, Washington (sec. 2842)
921
Land conveyance, Vancouver Barracks, Washington (sec. 2843)
921
Part II--Navy Conveyances
922
Modification of land conveyance, Marine Corps Air Station, El Toro,
California (sec. 2846)
922
Modification of authority for Oxnard Harbor District, Port Hueneme,
California, to use certain Navy property (sec. 2847)
922
Transfer of jurisdiction, Marine Corps Air Station, Miramar,
California (sec. 2848)
922
Land exchange, Marine Corps Recruit Depot, San Diego, California
(sec. 2849)
922
Lease of property, Naval Air Station, Pensacola, Florida (sec. 2850)
923
Land conveyance, Naval Reserve Center, Tampa, Florida (sec. 2851)
923
Modification of land conveyance, Defense Fuel Supply Point, Casco
Bay, Maine (sec. 2852)
923
Land conveyance, Naval Computer and Telecommunications Station,
Cutler, Maine (sec. 2853)
923
Modification of land conveyance authority, former Naval Training
Center, Bainbridge, Cecil County, Maryland (sec. 2854)
924
Land conveyance, Marine Corps Base, Camp Lejeune, North Carolina
(sec. 2855)
924
Land exchange, Naval Air Reserve Center, Columbus, Ohio (sec. 2856)
924
Land conveyance, Naval Station, Bremerton, Washington (sec. 2857)
924
Part III--Air Force Conveyances
925
Land conveyance, Los Angeles Air Force Base, California (sec. 2861)
925
Land conveyance, Point Arena Air Force Station, California (sec. 2862)
925
Land conveyance, Lowry Air Force Base, Colorado (sec. 2863)
925
Land conveyance, Wright Patterson Air Force Base, Ohio (sec. 2864)
926
Modification of land conveyance, Ellsworth Air Force Base, South
Dakota (sec. 2865)
926
Land conveyance, Mukilteo Tank Farm, Everett, Washington (sec. 2866)
926
Part IV--Other Conveyances
926
Land conveyance, Army and Air Force Exchange Service property,
Farmers Branch, Texas (sec. 2871)
926
Land conveyance, former National Ground Intelligence Center,
Charlottesville, Virginia (sec. 2872)
927
Subtitle E--Other Matters
927
Relation of easement authority to leased parkland, Marine Corps Base,
Camp Pendleton, California (sec. 2881)
927
Extension of demonstration project for purchase of fire, security,
police, public works, and utility services from local government
agencies (sec. 2882)
927
Acceptance and use of gifts for construction of third building at
United States Air Force Museum, Wright-Patterson Air Force Base, Ohio
(sec. 2883)
928
Development of Marine Corps Heritage Center at Marine Corps Base,
Quantico, Virginia (sec. 2884)
928
Activities relating to the greenbelt at Fallon Naval Air Station,
Nevada (sec. 2885)
928
Establishment of World War II Memorial on Guam (sec. 2886)
929
Naming of Army Missile Testing Range at Kwajalein Atoll as the Ronald
Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll (sec.
2887)
929
Designation of Building at Fort Belvoir, Virginia, in honor of Andrew
T. McNamara (sec. 2888)
929
Designation of Balboa Naval Hospital, San Diego, California, in honor
of Bob Wilson, a former member of the House of Representatives (sec.
2889)
929
Sense of Congress regarding importance of expansion of National
Training Center, Fort Irwin, California (sec. 2890)
929
Sense of Congress regarding land transfers at Melrose Range, New
Mexico, and Yakima Training Center, Washington (sec. 2891)
930
Legislative Provisions not Adopted
930
Applicability of competition policy to alternative authority for
acquisition and improvement of military family housing
930
Land conveyance, Colonel Harold E. Steele Army Reserve Center and
Maintenance Shop, Pittsburgh, Pennsylvania
930
Land conveyance, Lieutenant General Malcolm Hay Army Reserve Center,
Pittsburgh, Pennsylvania
931
Lease of property, Marine Corps Air Station, Miramar, California
931
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
931
Title XXXI--Department of Energy National Security Programs
931
Overview
931
Items of Special Interest
946
Report on authorities and limitations in general recurring provisions
946
Legislative Provisions Adopted
946
Subtitle A--National Security Programs Authorizations
946
National Nuclear Security Administration (sec. 3101)
946
Defense environmental restoration and waste management (sec. 3102)
951
Other defense activities (sec. 3103)
953
Defense environmental management privatization (sec. 3104)
955
Defense nuclear waste disposal (sec. 3105)
956
Subtitle B--Recurring General Provisions
956
Reprogramming (sec. 3121)
956
Limits on general plant projects (sec. 3122)
956
Limits on construction projects (sec. 3123)
956
Fund transfer authority (sec. 3124)
957
Authority for conceptual and construction design (sec. 3125)
957
Authority for emergency planning, design, and construction activities
(sec. 3126)
957
Funds available for all national security programs of the Department
of Energy (sec. 3127)
957
Availability of funds (sec. 3128)
958
Transfers of defense environmental management funds (sec. 3129)
958
Subtitle C--Program Authorizations, Restrictions, and Limitations
958
Funding for termination costs of River Protection Project, Richland,
Washington (sec. 3131)
958
Enhanced cooperation between National Nuclear Security Administration
and Ballistic Missile Defense Organization (sec. 3132)
959
Reprogramming of funds available for infrastructure upgrades or
maintenance in certain accounts of the National Nuclear Security
Administration (sec. 3133)
959
Adjustment of composite theoretical performance levels for
post-shipment verification reports on advanced supercomputers sales to
certain foreign nations (sec. 3134)
959
Modification of counterintelligence polygraph program (sec. 3135)
959
Employee incentives for employees at closure project facilities (sec.
3136)
960
Continuation of processing, treatment, and disposition of legacy
nuclear materials (sec. 3137)
960
Limitation on use of certain funds pending certifications of
compliance with Formerly Utilized Sites Remedial Action Program funding
prohibition (sec. 3138)
961
Conceptual design for Subsurface Geosciences Laboratory at Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho
(sec. 3139)
961
Report on National Ignition Facility, Lawrence Livermore National
Laboratory, Livermore, California (sec. 3140)
962
River Protection Project, Richland, Washington (sec. 3141)
962
Report on tank waste remediation system, Hanford Reservation,
Richland, Washington (sec. 3142)
963
Subtitle D--Matters Relating to Management of National Nuclear
Security Administration
963
Term of office of person first appointed as Under Secretary for
Nuclear Security of the Department of Energy (sec. 3151)
963
Membership of Under Secretary for Nuclear Security on the Joint
Nuclear Weapons Council (sec. 3152)
963
Organization plan for field offices of the National Nuclear Security
Administration (sec. 3153)
963
Required contents of future-years nuclear security program (sec. 3154)
964
Future-years nuclear security program for fiscal year 2001 (sec. 3155)
964
Engineering and manufacturing research, development, and
demonstration by plant managers of certain nuclear weapons production
plants (sec. 3156)
965
Prohibition on individuals engaging in concurrent service or duties
within National Nuclear Security Administration and outside that
Administration but within Department of Energy (sec. 3157)
965
Annual plan for obligation of funds of the National Nuclear Security
Administration (sec. 3158)
966
Authority to reorganize National Nuclear Security Administration
(sec. 3159)
966
Subtitle E--National Laboratories Partnership Improvement
966
Technology Infrastructure Pilot Program (sec. 3161)
966
Report on small business participation in National Nuclear Security
Administration activities (sec. 3162)
967
Study and report related to improving mission effectiveness,
partnerships, and technology transfer at national security laboratories
and nuclear weapons production facilities (sec. 3163)
967
Report on effectiveness of National Nuclear Security Administration
technology development partnerships with non-Federal entities (sec.
3164)
968
Definitions (sec. 3165)
969
Subtitle F--Matters Relating to Defense Nuclear Nonproliferation
969
Matters Relating to Defense Nuclear Nonproliferation (secs. 3171 3175)
969
Subtitle G--Other Matters
970
Extension of authority for appointment of certain scientific,
engineering, and technical personnel (sec. 3191)
970
Biennial report containing update on nuclear test readiness postures
(sec. 3192)
971
Frequency of reports on inadvertent releases of restricted data and
formerly restricted data (sec. 3193)
971
Form of certifications regarding the safety or reliability of the
nuclear weapons stockpile (sec. 3194)
971
Authority to provide certificate of commendation to Department of
Energy and contractor employees for exemplary service in stockpile
stewardship and security (sec. 3195)
971
Cooperative research and development agreements for government-owned,
contractor-operated laboratories (sec. 3196)
972
Office of Arctic Energy (sec. 3197)
972
Legislative Provisions not Adopted
972
Conformance with National Nuclear Security Administration
organizational structure
972
Construction of National Nuclear Security Administration Operations
Office Complex
973
Energy employees compensation initiative
973
Environmental management closure projects
973
Other transactions
973
Sense of the Congress regarding compensation and health care for
personnel of the Department of Energy and its contractors and vendors
who have sustained beryllium, silica, and radiation-related injury
974
Short title
974
Technology partnerships ombudsman
974
Title XXXII--Defense Nuclear Facilities Safety Board
974
Legislative Provisions Adopted
974
Defense Nuclear Facilities Safety Board (sec. 3201)
974
Title XXXIII--National Defense Stockpile
975
Legislative Provisions Adopted
975
Authorized uses of stockpile funds (sec. 3301)
975
Increased receipts under prior disposal authority (sec. 3302)
975
Disposal of titanium (sec. 3303)
975
Title XXXIV--Naval Petroleum Reserves
976
Legislative Provisions Adopted
976
Minimum price of petroleum sold from certain naval petroleum reserves
(sec. 3401)
976
Repeal of authority to contract for cooperative or unit plans
affecting Naval Petroleum Reserve Numbered 1 (sec. 3402)
976
Disposal of Oil Shale Reserve Numbered 2 (sec. 3403)
976
Title XXXV--Maritime Administration
977
Legislative Provisions Adopted
977
Authorization of appropriations for fiscal year 2001 (sec. 3501)
977
Scrapping of National Defense Reserve Fleet vessels (sec. 3502)
977
Authority to convey National Defense Reserve Fleet vessel, Glacier
(sec. 3503)
978
Maritime intermodal research (sec. 3504)
978
Maritime research and technology development (sec. 3505)
979
Reporting of administered and oversight funds (sec. 3506)
979
Legislative Provisions not Adopted
979
Authority to convey offshore drill rig Ocean Star
979
Title XXXVI--Energy Employees Occupational Illness Compensation Program
979
Legislative Provisions Adopted
980
Short title (sec. 3601)
980
Findings; sense of Congress (sec. 3602)
980
Subtitle A--Establishment of Compensation Program and Compensation Fund
980
Establishment of Energy Employees Occupational Illness Compensation
Program (sec. 3611)
980
Establishment of Energy Employees Occupational Illness Compensation
Fund (sec. 3612)
980
Legislative proposal (sec. 3613)
980
Authorization of appropriations (sec. 3614)
981
Subtitle B--Program Administration
981
Definitions for program administration (sec. 3621)
981
Expansion of list of beryllium vendors (sec. 3622)
981
Exposure in the performance of duty (sec. 3623)
981
Advisory Board on Radiation and Worker Health (sec. 3624)
981
Responsibilities of Secretary of Health and Human Services (sec. 3625)
981
Designation of additional members of Special Exposure Cohort (sec. 3626)
981
Separate treatment of chronic silicosis (sec. 3627)
982
Compensation and benefits to be provided (sec. 3628)
982
Medical benefits (sec. 3629)
982
Separate treatment of certain uranium employees (sec. 3630)
982
Assistance for claimants and potential claimants (sec. 3631)
983
Subtitle C--Treatment, Coordination, and Forfeiture of Compensation
and Benefits
983
Offset for certain payments (sec. 3641)
983
Subrogation of the United States (sec. 3642)
983
Payment in full settlement of claims (sec. 3643)
983
Exclusivity of remedy against the United States and against
contractors and subcontractors (sec. 3644)
983
Election of remedy for beryllium employees and atomic weapons
employees (sec. 3645)
983
Certification of treatment of payments under other laws (sec. 3646)
983
Claims not assignable or transferrable; choice of remedies (sec. 3647)
984
Attorney fees (sec. 3648)
984
Certain claims not affected by awards of damages (sec. 3649)
984
Forfeiture of benefits by convicted felons (sec. 3650)
984
Coordination with other Federal radiation compensation laws (sec. 3651)
984
Subtitle D--Assistance in State Workers' Compensation Proceedings
984
Agreements with States (sec. 3661)
984
66 636
106 th Congress
Report

HOUSE OF REPRESENTATIVES
2d Session
106 945
ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
October 6, 2000.--Ordered to be printed
Mr. Spence , from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4205]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 4205), to
authorize appropriations for fiscal year 2001 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes,
having met, after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the
Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE
AUTHORIZATION ACT.
The provisions of H.R. 5408 of the 106th Congress, as introduced on
October 6, 2000, are hereby enacted into law.
SEC. 2. PUBLICATION OF ACT.
In publishing this Act in slip form and in the United States
Statutes at Large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall include after the date of
approval an appendix setting forth the text of the bill referred to in
section 1.
And the Senate agree to the same.
From the Committee on Armed Services, for
consideration of the House bill and the Senate amendment, and
modifications committed to conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James M. Talent,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, J r.,
Mack Thornberry,
John N. Hostettler,
Saxby Chambliss,
Ike Skelton,
Norman Sisisky
John Spratt,
Solomon P. Ortiz,
Owen B. Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Robert A. Underwood,
Thomas Allen,
Vic Snyder,
James H. Maloney,
Mike McIntyre,
Ellen O. Tauscher,
Mike Thompson,
Provided that Mr. Kuykendall is appointed in lieu of
Mr. Kasich for consideration of section 2863 of the House
bill, and section 2862 of the Senate amendment, and
modifications committed to conference:
Steven T. Kuykendall,
From the Permanent Select Committee on Intelligence,
for consideration of matters within the jurisdiction of that
committee under clause 11 of rule X:
Porter J. Goss,
Jerry Lewis,
Julian C. Dixon,
From the Committee on Commerce, for consideration of
sections 601, 725, and 1501 of the House bill, and sections
342, 601, 618, 701, 1073, 1402, 2812, 3131, 3133, 3134, 3138,
3152, 3154, 3155, 3167 3169, 3171, 3201, and 3301 3303 of the
Senate amendment, and modifications committed to conference:
Tom Bliley,
Joe Barton,
John D. Dingell,
Provided that Mr. Bilirakis is appointed in lieu of
Mr. Barton of Texas for consideration of sections 601 and 725
of the House bill, and sections 601, 618, 701, and 1073 of the
Senate amendment, and modifications committed to conference:
Mike Bilirakis,
Provided that Mr. Oxley is appointed in lieu of Mr.
Barton of Texas for consideration of section 1501 of the House
bill, and sections 342 and 2812 of the Senate amendment, and
modifications committed to conference:
Michael G. Oxley,
From the Committee on Education and the Workforce,
for consideration of sections 341, 342, 504, and 1106 of the
House bill, and sections 311, 379, 553, 669, 1053, and title
XXXV of the Senate amendment, and modifications committed to
conference:
Bill Goodling,
Van Hilleary,
Patsy T. Mink,
From the Committee on Government Reform, for
consideration of sections 518, 651, 723, 801, 906, 1101 1104,
1106, 1107, and 3137 of the House bill, and sections 643, 651,
801, 806, 810, 814 816, 1010A 1044, 1045, 1057, 1063, 1069,
1073, 1101, 1102, 1104, and 1106 1118, title XIV, and sections
2871, 2881, 3155, and 3171 of the Senate amendment, and
modifications committed to conference:
Dan Burton,
Joe Scarborough,
Henry A. Waxman,
Provided that Mr. Horn is appointed in lieu of Mr.
Scarborough for consideration of section 801 of the House
bill, and sections 801, 806, 810, 814 816, 1010A, 1044, 1045,
1057, 1063, and 1101, title XIV, and sections 2871 and 2881 of
the Senate amendment, and modifications committee to
conference:
Stephen Horn,
Provided that Mr. McHugh is appointed in lieu of Mr.
Scarborough for consideration of section 1073 of the Senate
amendment, and modifications committed to conference:
John M. McHugh,
From the Committee on House Administration, for
consideration of sections 561 563 of the Senate amendment, and
modifications committed to conference:
William M. Thomas,
John Boehner,
Steny H. Hoyer,
From the Committee on International Relations, for
consideration of sections 1201, 1205, 1209, and 1210, title
XIII, and section 3136 of the House bill, and sections 1011,
1201 1203, 1206 1208, 1209, 1212, 1214, 3178, and 3193 of the
Senate amendment, and modifications committed to conference:
Bill Goodling,
From the Committee on the Judiciary, for
consideration of sections 543 and 906 of the House bill, and
sections 506, 645, 663, 668, 909, 1068, and 1106, title XV,
and title XXXV of the Senate amendment, and modifications
committed to conference:
Henry Hyde,
Charles T. Canady,
From the Committee on Resources, for consideration
of sections 312, 601, 1501, 2853, 2883, and 3402 of the House
bill, and sections 601 and 1059, title XIII, and sections
2871, 2893, and 3303 of the Senate amendment, and
modifications committed to conference:
Don Young,
Billy Tauzin,
From the Committee on Transportation and
Infrastructure, for consideration of sections 601, 2839, and
2881 of the House bill, and sections 502, 601, and 1072 of the
Senate amendment, and modifications committed to conference:
Bud Shuster,
Wayne T. Gilchrest
Brian Baird,
Provided that Mr. Pascrell is appointed in lieu of
Mr. Baird for consideration of section 1072 of the Senate
amendment, and modifications committed to conference:
Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for
consideration of sections 535, 738, and 2831 of the House
bill, and sections 561 563, 648, 664 666, 671, 672, 682 684,
721, 722, and 1067 of the Senate amendment, and modifications
committed to conference:
Michael Bilirakis,
Jack Quinn,
Corrine Brown,
From the Committee on Ways and Means, for
consideration of section 725 of the House bill, and section
701 of the Senate amendment, and modifications committed to
conference:
William M. Thomas,
Managers on the Part of the House.
John W. Warner,
Strom Thurmond,
John McCain,
Bob Smith,
James Inhofe,
Rick Santorum,
Olympia J. Snowe,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Carl Levin,
Edward Kennedy,
Jeff Bingaman,
Robert C. Byrd,
Chuck Robb,
Joe Lieberman,
Max Cleland,
Mary L. Landrieu,
Jack Reed,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 4205) to authorize appropriations for
fiscal year 2001 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes, submit the following joint
statement to the House and the Senate in explanation of the effect of
the action agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment struck out all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of the
Senate with an amendment which is a substitute for the House bill and
the Senate amendment. The differences between the House bill, the Senate
amendment, and the substitute agreed to in conference are noted below,
except for clerical corrections, conforming changes made necessary by
agreements reached by the conferees, and minor drafting and clarifying
changes.
The conference agreement would enact the provisions of H.R. 5408 as
introduced on October 6, 2000. The text of that bill follows:
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001''.
(b) Findings.--Congress makes the following findings:
(1) Representative Floyd D. Spence of South Carolina was elected to
the House of Representatives in 1970, for service in the 92d Congress,
after serving in the South Carolina legislature for 10 years, and he has
been reelected to each subsequent Congress.
(2) Representative Spence came to Congress as a distinguished
veteran of service in the Armed Forces of the United States.
(3) Upon graduation from college in 1952, Representative Spence was
commissioned as an ensign in the United States Naval Reserve. After
entering active duty, he served with distinction aboard the USS CARTER
HALL and the USS LSM 397 during the Korean War and later served as
commanding officer of a Naval Reserve Surface Division and as group
commander of all Naval Reserve units in Columbia, South Carolina.
Representative Spence retired from the Naval Reserve in 1988 in the
grade of captain, after 41 years of dedicated service.
(4) Upon election to the House of Representatives, Representative
Spence became a member of the Committee on Armed Services of that body.
During 30 years of service on that committee (4 years of which were
served while the committee was known as the Committee on National
Security), Representative Spence's contributions to the national defense
and security of the United States have been profound and long lasting.
(5) Representative Spence served as chairman of that committee while
known as the Committee on National Security during the 104th and 105th
Congresses and serves as chairman of that committee for the 106th
Congress. In addition, Representative Spence served as the ranking
minority member of the Committee on Armed Services during the 103d
Congress.
(6) Dozens of awards from active duty and reserve military, veterans
service, military retiree, and industry organizations and associations
have recognized the distinguished character of Representative Spence's
service to the Nation.
(7) Representative Spence has been a leading figure in the debate
over many of the most critical military readiness, health care,
recruiting, and retention issues currently confronting the Nation's
military. His concern for the men and women in uniform has been
unwavering, and his accomplishments in promoting and gaining support for
those issues that preserve the combat effectiveness, morale, and quality
of life of the Nation's military personnel have been unparalleled.
(8) During his tenure as chairman of the Committee on National
Security and the Committee on Armed Services of the House of
Representatives, Representative Spence has--
(A) led efforts to identify and reverse the effect that declining
resources and rising commitments have had on military quality of life
for service members and their families, on combat readiness, and on
equipment modernization, with a direct result of those diligent efforts
and of his willingness to be an outspoken proponent for America's
military being that Congress has added nearly $50,000,000,000 to the
President's defense budgets over the past 5 years;
(B) been a leading proponent of the need to expeditiously develop
and field a national missile defense to protect American citizens and
forward deployed military forces from growing ballistic missile threats;
(C) advocated reversing the growing disparity between actual
military capability and the requirements associated with the National
Military Strategy; and
(D) led efforts in Congress to reform Department of Defense
acquisition and management headquarters and infrastructure and business
practices.
(9) This Act is the 30th annual authorization bill for the
Department of Defense for which Representative Spence has taken a major
responsibility as a member of the Committee on Armed Services of the
House of Representatives (including 4 years while that committee was
known as the Committee on National Security).
(10) In light of the findings in the preceding paragraphs, it is
altogether fitting and proper that this Act be named in honor of
Representative Floyd D. Spence of South Carolina, as provided in
subsection (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
SUBTITLE B--ARMY PROGRAMS
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of bunker defeat
munitions that may be acquired.
Sec. 113. Reports and limitations relating to Army transformation.
SUBTITLE C--NAVY PROGRAMS
Sec. 121. CVNX 1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. Limitation during fiscal year 2001 on changes in
submarine force structure.
Sec. 125. ADC(X) ship program.
Sec. 126. Refueling and complex overhaul program of the U.S.S.
Dwight D. Eisenhower.
Sec. 127. Analysis of certain shipbuilding programs.
Sec. 128. Helicopter support of FFG 7 frigates during fiscal year 2001.
Sec. 129. V 22 cockpit aircraft voice and flight data recorders.
SUBTITLE D--AIR FORCE PROGRAMS
Sec. 131. Annual report on B 2 bomber.
Sec. 132. Report on modernization of Air National Guard F 16A units.
SUBTITLE E--JOINT PROGRAMS
Sec. 141. Study of final assembly and checkout alternatives for
the Joint Strike Fighter program.
SUBTITLE F--CHEMICAL DEMILITARIZATION
Sec. 151. Pueblo Chemical Depot chemical agent and munitions
destruction technologies.
Sec. 152. Report on assessment of need for Federal economic
assistance for communities impacted by chemical demilitarization
activities.
Sec. 153. Prohibition against disposal of non-stockpile chemical
warfare material at Anniston chemical stockpile disposal facility.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Management of Space-Based Infrared System--Low.
Sec. 212. Joint Strike Fighter program.
Sec. 213. Fiscal year 2002 joint field experiment.
Sec. 214. Nuclear aircraft carrier design and production modeling.
Sec. 215. DD 21 class destroyer program.
Sec. 216. Limitation on Russian American Observation Satellites program.
Sec. 217. Joint biological defense program.
Sec. 218. Report on biological warfare defense vaccine research
and development programs.
Sec. 219. Cost limitations applicable to F 22 aircraft program.
Sec. 220. Unmanned advanced capability combat aircraft and ground
combat vehicles.
Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 222. Army space control technology development.
SUBTITLE C--BALLISTIC MISSILE DEFENSE
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Reports on ballistic missile threat posed by North Korea.
Sec. 233. Plan to modify ballistic missile defense architecture.
Sec. 234. Management of Airborne Laser program.
SUBTITLE D--HIGH ENERGY LASER PROGRAMS
Sec. 241. Funding.
Sec. 242. Implementation of High Energy Laser Master Plan.
Sec. 243. Designation of senior official for high energy laser programs.
Sec. 244. Site for Joint Technology Office.
Sec. 245. High energy laser infrastructure improvements.
Sec. 246. Cooperative programs and activities.
Sec. 247. Technology plan.
Sec. 248. Annual report.
Sec. 249. Definition.
Sec. 250. Review of defense-wide directed energy programs.
SUBTITLE E--OTHER MATTERS
Sec. 251. Reports on mobile offshore base concept and potential
use for certain purposes of technologies associated with that concept.
Sec. 252. Air Force science and technology planning.
Sec. 253. Enhancement of authorities regarding education
partnerships for purposes of encouraging scientific study.
Sec. 254. Recognition of those individuals instrumental to naval
research efforts during the period from before World War II through the
end of the Cold War.
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Joint warfighting capabilities assessment teams.
SUBTITLE B--ENVIRONMENTAL PROVISIONS
Sec. 311. Establishment of additional environmental restoration
account and use of accounts for operation and monitoring of
environmental remedies.
Sec. 312. Certain environmental restoration activities.
Sec. 313. Annual reports under Strategic Environmental Research
and Development Program.
Sec. 314. Payment of fines and penalties for environmental
compliance at Fort Wainwright, Alaska.
Sec. 315. Payment of fines or penalties imposed for environmental
compliance violations at other Department of Defense facilities.
Sec. 316. Reimbursement for certain costs in connection with the
former Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 317. Necessity of military low-level flight training to
protect national security and enhance military readiness.
Sec. 318. Ship disposal project.
Sec. 319. Defense Environmental Security Corporate Information
Management Program.
Sec. 320. Report on Plasma Energy Pyrolysis System.
Sec. 321. Sense of Congress regarding environmental restoration of
former defense manufacturing site, Santa Clarita, California.
SUBTITLE C--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 331. Use of appropriated funds to cover operating expenses of
commissary stores.
Sec. 332. Adjustment of sales prices of commissary store goods and
services to cover certain expenses.
Sec. 333. Use of surcharges for construction and improvement of
commissary stores.
Sec. 334. Inclusion of magazines and other periodicals as an
authorized commissary merchandise category.
Sec. 335. Use of most economical distribution method for distilled
spirits.
Sec. 336. Report on effects of availability of slot machines on
United States military installations overseas.
SUBTITLE D--DEPARTMENT OF DEFENSE INDUSTRIAL FACILITIES
Sec. 341. Designation of Centers of Industrial and Technical
Excellence and public-private partnerships to increase utilization of
such centers.
Sec. 342. Unutilized and underutilized plant-capacity costs of
United States arsenals.
Sec. 343. Arsenal support program initiative.
Sec. 344. Codification and improvement of armament retooling and
manufacturing support programs.
SUBTITLE E--PERFORMANCE OF FUNCTIONS BY PRIVATE-SECTOR SOURCES
Sec. 351. Inclusion of additional information in reports to
Congress required before conversion of commercial or industrial type
functions to contractor performance.
Sec. 352 Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition plants.
Sec. 353. Consolidation, restructuring, or reengineering of
Department of Defense organizations, functions, or activities.
Sec. 354. Monitoring of savings resulting from workforce
reductions as part of conversion of functions to performance by private
sector or other strategic sourcing initiatives.
Sec. 355. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 356. Suspension of reorganization or relocation of Naval
Audit Service.
SUBTITLE F--DEFENSE DEPENDENTS EDUCATION
Sec. 361. Eligibility of dependents of American Red Cross
employees for enrollment in Department of Defense domestic dependent
schools in Puerto Rico.
Sec. 362. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 363. Impact aid for children with severe disabilities.
Sec. 364. Assistance for maintenance, repair, and renovation of
school facilities that serve dependents of members of the Armed Forces
and Department of Defense civilian employees.
SUBTITLE G--MILITARY READINESS ISSUES
Sec. 371. Measuring cannibalization of parts, supplies, and
equipment under readiness reporting system.
Sec. 372. Reporting requirements regarding transfers from
high-priority readiness appropriations.
Sec. 373. Effects of worldwide contingency operations on readiness
of military aircraft and equipment.
Sec. 374. Identification of requirements to reduce backlog in
maintenance and repair of defense facilities.
Sec. 375. New methodology for preparing budget requests to satisfy
Army readiness requirements.
Sec. 376. Review of AH 64 aircraft program.
Sec. 377. Report on Air Force spare and repair parts program for C
5 aircraft.
SUBTITLE H--OTHER MATTERS
Sec. 381. Annual report on public sale of certain military
equipment identified on United States Munitions List.
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 383. Reimbursement by civil air carriers for support provided
at Johnston Atoll.
Sec. 384. Travel by Reserves on military aircraft.
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.
Sec. 386. Additions to plan for ensuring visibility over all
in-transit end items and secondary items.
Sec. 387. Reauthorization of pilot program for acceptance and use
of landing fees charged for use of domestic military airfields by civil
aircraft.
Sec. 388. Extension of authority to sell certain aircraft for use
in wildfire suppression.
Sec. 389. Damage to aviation facilities caused by alkali silica
reactivity.
Sec. 390. Demonstration project to increase reserve component
internet access and services in rural communities.
Sec. 391. Additional conditions on implementation of Defense Joint
Accounting System.
Sec. 392. Report on Defense Travel System.
Sec. 393. Review of Department of Defense costs of maintaining
historical properties.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A--ACTIVE FORCES
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
SUBTITLE B--RESERVE FORCES
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of
the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades
authorized to be on active duty in support of the Reserves.
SUBTITLE C--OTHER MATTERS RELATING TO PERSONNEL STRENGTHS
Sec. 421. Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national emergency.
Sec. 422. Exclusion from active component end strengths of certain
reserve component members on active duty in support of the combatant
commands.
Sec. 423. Exclusion of Army and Air Force medical and dental
officers from limitation on strengths of reserve commissioned officers
in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve
component personnel serving on active duty or full-time national guard
duty in certain grades.
SUBTITLE D--AUTHORIZATION OF APPROPRIATIONS
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
SUBTITLE A--OFFICER PERSONNEL POLICY
Sec. 501. Eligibility of Army and Air Force Reserve colonels and
brigadier generals for position vacancy promotions.
Sec. 502. Flexibility in establishing promotion zones for Coast
Guard Reserve officers.
Sec. 503. Time for release of reports of officer promotion
selection boards.
Sec. 504. Clarification of requirements for composition of
active-duty list selection boards when reserve officers are under
consideration.
Sec. 505. Authority to issue posthumous commissions in the case of
members dying before official recommendation for appointment or
promotion is approved by Secretary concerned.
Sec. 506. Technical corrections relating to retired grade of
reserve commissioned officers.
Sec. 507. Grade of chiefs of reserve components and directors of
National Guard components.
Sec. 508. Revision to rules for entitlement to separation pay for
regular and reserve officers.
SUBTITLE B--RESERVE COMPONENT PERSONNEL POLICY
Sec. 521. Exemption from active-duty list for reserve officers on
active duty for a period of three years or less.
Sec. 522. Termination of application requirement for consideration
of officers for continuation on the reserve active-status list.
Sec. 523. Authority to retain Air Force Reserve officers in all
medical specialties until specified age.
Sec. 524. Authority for provision of legal services to reserve
component members following release from active duty.
Sec. 525. Extension of involuntary civil service retirement date
for certain reserve technicians.
SUBTITLE C--EDUCATION AND TRAINING
Sec. 531. Eligibility of children of Reserves for Presidential
appointment to service academies.
Sec. 532. Selection of foreign students to receive instruction at
service academies.
Sec. 533. Revision of college tuition assistance program for
members of Marine Corps Platoon Leaders Class program.
Sec. 534. Review of allocation of Junior Reserve Officers Training
Corps units among the services.
Sec. 535. Authority for Naval Postgraduate School to enroll
certain defense industry civilians in specified programs relating to
defense product development.
SUBTITLE D--DECORATIONS, AWARDS, AND COMMENDATIONS
Sec. 541. Limitation on award of Bronze Star to members in receipt
of imminent danger pay.
Sec. 542. Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members of the Armed
Forces and other qualified persons.
Sec. 543. Waiver of time limitations for award of certain
decorations to certain persons.
Sec. 544. Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S. Arizona who died
in the Japanese attack on Pearl Harbor on December 7, 1941.
Sec. 545. Sense of Congress on the court-martial conviction of
Captain Charles Butler McVay, Commander of the U.S.S. Indianapolis, and
on the courageous service of the crew of that vessel.
Sec. 546. Posthumous advancement on retired list of Rear Admiral
Husband E. Kimmel and Major General Walter C. Short, senior officers in
command in Hawaii on December 7, 1941.
Sec. 547. Commendation of citizens of Remy, France, for World War
II actions.
Sec. 548. Authority for Award of the Medal of Honor to William H.
Pitsenbarger for valor during the Vietnam War.
SUBTITLE E--MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Sec. 551. Recognition by States of military testamentary instruments.
Sec. 552. Policy concerning rights of individuals whose names have
been entered into Department of Defense official criminal investigative
reports.
Sec. 553. Limitation on Secretarial authority to grant clemency
for military prisoners serving sentence of confinement for life without
eligibility for parole.
Sec. 554. Authority for civilian special agents of military
department criminal investigative organizations to execute warrants and
make arrests.
Sec. 555. Requirement for verbatim record in certain special
court-martial cases.
Sec. 556. Commemoration of the 50th anniversary of the Uniform
Code of Military Justice.
SUBTITLE F--MATTERS RELATING TO RECRUITING
Sec. 561. Army recruiting pilot programs.
Sec. 562. Enhancement of recruitment market research and
advertising programs.
Sec. 563. Access to secondary schools for military recruiting purposes.
Sec. 564. Pilot program to enhance military recruiting by
improving military awareness of school counselors and educators.
SUBTITLE G--OTHER MATTERS
Sec. 571. Extension to end of calendar year of expiration date for
certain force drawdown transition authorities.
Sec. 572. Voluntary separation incentive.
Sec. 573. Congressional review period for assignment of women to
duty on submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members.
Sec. 574. Management and per diem requirements for members subject
to lengthy or numerous deployments.
Sec. 575. Pay in lieu of allowance for funeral honors duty.
Sec. 576. Test of ability of reserve component intelligence units
and personnel to meet current and emerging defense intelligence needs.
Sec. 577. National Guard Challenge Program.
Sec. 578. Study of use of civilian contractor pilots for
operational support missions.
Sec. 579. Reimbursement for expenses incurred by members in
connection with cancellation of leave on short notice.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A--PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Additional restructuring of basic pay rates for enlisted
members.
Sec. 603. Revised method for calculation of basic allowance for
subsistence.
Sec. 604. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 605. Basic allowance for housing.
Sec. 606. Additional amount available for fiscal year 2001
increase in basic allowance for housing inside the United States.
Sec. 607. Equitable treatment of junior enlisted members in
computation of basic allowance for housing.
Sec. 608. Eligibility of members in grade E 4 to receive basic
allowance for housing while on sea duty.
Sec. 609. Personal money allowance for senior enlisted members of
the Armed Forces.
Sec. 610. Increased uniform allowances for officers.
Sec. 611. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Sec. 612. Increase in monthly subsistence allowance for members of
precommissioning programs.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 621. Extension of certain bonuses and special pay authorities
for reserve forces.
Sec. 622. Extension of certain bonuses and special pay authorities
for nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 623. Extension of authorities relating to payment of other
bonuses and special pays.
Sec. 624. Revision of enlistment bonus authority.
Sec. 625. Consistency of authorities for special pay for reserve
medical and dental officers.
Sec. 626. Elimination of required congressional notification
before implementation of certain special pay authority.
Sec. 627. Special pay for physician assistants of the Coast Guard.
Sec. 628. Authorization of special pay and accession bonus for
pharmacy officers.
Sec. 629. Correction of references to Air Force veterinarians.
Sec. 630. Career sea pay.
Sec. 631. Increased maximum rate of special duty assignment pay.
Sec. 632. Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty assignment pay.
Sec. 633. Authorization of retention bonus for members of the
Armed Forces qualified in a critical military skill.
Sec. 634. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health professional
officers of the Armed Forces.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 641. Advance payments for temporary lodging of members and
dependents.
Sec. 642. Additional transportation allowance regarding baggage
and household effects.
Sec. 643. Incentive for shipping and storing household goods in
less than average weights.
Sec. 644. Equitable dislocation allowances for junior enlisted members.
Sec. 645. Authority to reimburse military recruiters, Senior ROTC
cadre, and military entrance processing personnel for certain parking
expenses.
Sec. 646. Expansion of funded student travel for dependents.
SUBTITLE D--RETIREMENT AND SURVIVOR BENEFIT MATTERS
Sec. 651. Exception to high-36 month retired pay computation for
members retired following a disciplinary reduction in grade.
Sec. 652. Increase in maximum number of Reserve retirement points
that may be credited in any year.
Sec. 653. Retirement from active reserve service after regular
retirement.
Sec. 654. Same treatment for Federal judges as for other Federal
officials regarding payment of military retired pay.
Sec. 655. Reserve component Survivor Benefit Plan spousal consent
requirement.
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older.
Sec. 657. Revision to special compensation authority to repeal
exclusion of uniformed services retirees in receipt of disability
retired pay.
SUBTITLE E--OTHER MATTERS
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Determinations of income eligibility for special
supplemental food program.
Sec. 663. Billeting services for reserve members traveling for
inactive-duty training.
Sec. 664. Settlement of claims for payments for unused accrued
leave and for retired pay.
Sec. 665. Additional benefits and protections for personnel
incurring injury, illness, or disease in the performance of funeral
honors duty.
Sec. 666. Authority for extension of deadline for filing claims
associated with capture and internment of certain persons by North
Vietnam.
Sec. 667. Back pay for members of the Navy and Marine Corps
selected for promotion while interned as prisoners of war during World
War II.
Sec. 668. Sense of Congress concerning funding for reserve components.
TITLE VII--HEALTH CARE PROVISIONS
SUBTITLE A--HEALTH CARE SERVICES
Sec. 701. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. School-required physical examinations for certain minor
dependents.
Sec. 704. Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members.
Sec. 705. Two-year extension of authority for use of contract
physicians at military entrance processing stations and elsewhere
outside medical treatment facilities.
Sec. 706. Medical and dental care for Medal of Honor recipients.
SUBTITLE B--SENIOR HEALTH CARE
Sec. 711. Implementation of TRICARE senior pharmacy program.
Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon
the attainment of age 65; expansion and modification of medicare
subvention project.
Sec. 713. Accrual funding for health care for medicare-eligible
retirees and dependents.
SUBTITLE C--TRICARE PROGRAM
Sec. 721. Improvement of access to health care under the TRICARE
program.
Sec. 722. Additional beneficiaries under TRICARE Prime Remote
program in the continental United States.
Sec. 723. Modernization of TRICARE business practices and increase
of use of military treatment facilities.
Sec. 724. Extension of TRICARE managed care support contracts.
Sec. 725. Report on protections against health care providers
seeking direct reimbursement from members of the uniformed services.
Sec. 726. Voluntary termination of enrollment in TRICARE retiree
dental program.
Sec. 727. Claims processing improvements.
Sec. 728. Prior authorizations for certain referrals and
nonavailability-of-health-care statements.
SUBTITLE D--DEMONSTRATION PROJECTS
Sec. 731. Demonstration project for expanded access to mental
health counselors.
Sec. 732. Teleradiology demonstration project.
Sec. 733. Health care management demonstration program.
SUBTITLE E--JOINT INITIATIVES WITH DEPARTMENT OF VETERANS AFFAIRS
Sec. 741. VA-DOD sharing agreements for health services.
Sec. 742. Processes for patient safety in military and veterans
health care systems.
Sec. 743. Cooperation in developing pharmaceutical identification
technology.
SUBTITLE F--OTHER MATTERS
Sec. 751. Management of anthrax vaccine immunization program.
Sec. 752. Elimination of copayments for immediate family.
Sec. 753. Medical informatics.
Sec. 754. Patient care reporting and management system.
Sec. 755. Augmentation of Army Medical Department by detailing
Reserve officers of the Public Health Service.
Sec. 756. Privacy of Department of Defense medical records.
Sec. 757. Authority to establish special locality-based
reimbursement rates; reports.
Sec. 758. Reimbursement for certain travel expenses.
Sec. 759. Reduction of cap on payments.
Sec. 760. Training in health care management and administration.
Sec. 761. Studies on feasibility of sharing biomedical research
facility.
Sec. 762. Study on comparability of coverage for physical, speech,
and occupational therapies.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SUBTITLE A--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND LIMITATIONS
Sec. 801. Department of Defense acquisition pilot programs.
Sec. 802. Multiyear services contracts.
Sec. 803. Clarification and extension of authority to carry out
certain prototype projects.
Sec. 804. Clarification of authority of Comptroller General to
review records of participants in certain prototype projects.
Sec. 805. Extension of time period of limitation on procurement of
ball bearings and roller bearings.
Sec. 806. Reporting requirements relating to multiyear contracts.
Sec. 807. Eligibility of small business concerns owned and
controlled by women for assistance under the mentor-protege program.
Sec. 808. Qualifications required for employment and assignment in
contracting positions.
Sec. 809. Revision of authority for solutions-based contracting
pilot program.
Sec. 810. Procurement notice of contracting opportunities through
electronic means.
SUBTITLE B--INFORMATION TECHNOLOGY
Sec. 811. Acquisition and management of information technology.
Sec. 812. Tracking and management of information technology purchases.
Sec. 813. Appropriate use of requirements regarding experience and
education of contractor personnel in the procurement of information
technology services.
Sec. 814. Navy-Marine Corps Intranet.
Sec. 815. Sense of Congress regarding information technology
systems for Guard and Reserve components.
SUBTITLE C--OTHER ACQUISITION-RELATED MATTERS
Sec. 821. Improvements in procurements of services.
Sec. 822. Financial analysis of use of dual rates for quantifying
overhead costs at Army ammunition plants.
Sec. 823. Repeal of prohibition on use of Department of Defense
funds for procurement of nuclear-capable shipyard crane from a foreign
source.
Sec. 824. Extension of waiver period for live-fire survivability
testing for MH 47E and MH 60K helicopter modification programs.
Sec. 825. Compliance with existing law regarding purchases of
equipment and products.
Sec. 826. Requirement to disregard certain agreements in awarding
contracts for the purchase of firearms or ammunition.
SUBTITLE D--STUDIES AND REPORTS
Sec. 831. Study on impact of foreign sourcing of systems on
long-term military readiness and related industrial infrastructure.
Sec. 832. Study of policies and procedures for transfer of
commercial activities.
Sec. 833. Study and report on practice of contract bundling in
military construction contracts.
Sec. 834. Requirement to conduct study on contract bundling.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE A--DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS
Sec. 901. Overall supervision of Department of Defense activities
for combating terrorism.
Sec. 902. Change of title of certain positions in the
Headquarters, Marine Corps.
Sec. 903. Clarification of scope of Inspector General authorities
under military whistleblower law.
Sec. 904. Policy to ensure conduct of science and technology
programs so as to foster the transition of science and technology to
higher levels of research, development, test, and evaluation.
Sec. 905. Additional components of Chairman of the Joint Chiefs of
staff annual report on combatant command requirements.
SUBTITLE B--DEPARTMENT OF DEFENSE ORGANIZATIONS
Sec. 911. Western Hemisphere Institute for Security Cooperation.
Sec. 912. Department of Defense regional centers for security studies.
Sec. 913. Change in name of Armed Forces Staff College to Joint
Forces Staff College.
Sec. 914. Special authority for administration of Navy Fisher Houses.
Sec. 915. Supervisory control of Armed Forces Retirement Home
board by Secretary of Defense.
Sec. 916. Semiannual report on Joint Requirements Oversight
Council reform initiative.
Sec. 917. Comptroller General review of operations of Defense
Logistics Agency.
Sec. 918. Comptroller General review of operations of Defense
Information Systems Agency.
SUBTITLE C--INFORMATION SECURITY
Sec. 921. Institute for Defense Computer Security and Information
Protection.
Sec. 922. Information security scholarship program.
SUBTITLE D--REPORTS
Sec. 931. Date of submittal of reports on shortfalls in equipment
procurement and military construction for the reserve components in
future-years defense programs.
Sec. 932. Report on number of personnel assigned to legislative
liaison functions.
Sec. 933. Joint report on establishment of national collaborative
information analysis capability.
Sec. 934. Network centric warfare.
Sec. 935. Report on Air Force Institute of Technology.
SUBTITLE E--OTHER MATTERS
Sec. 941. Flexibility in implementation of limitation on major
Department of Defense headquarters activities personnel.
Sec. 942. Consolidation of certain Navy gift funds.
Sec. 943. Temporary authority to dispose of a gift previously
accepted for the Naval Academy.
TITLE X--GENERAL PROVISIONS
SUBTITLE A--FINANCIAL MATTERS
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations
for fiscal year 2000.
Sec. 1004. United States contribution to NATO common-funded
budgets in fiscal year 2001.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2001.
Sec. 1006. Requirement for prompt payment of contract vouchers.
Sec. 1007. Plan for prompt recording of obligations of funds for
contractual transactions.
Sec. 1008. Electronic submission and processing of claims for
contract payments.
Sec. 1009. Administrative offsets for overpayment of
transportation costs.
Sec. 1010. Interest penalties for late payment of interim payments
due under Government service contracts.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Sec. 1011. Revisions to national defense features program.
Sec. 1012. Sense of Congress on the naming of the CVN 77 aircraft
carrier.
Sec. 1013. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1014. Authority to consent to retransfer of alternative
former naval vessel by Government of Greece.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Sec. 1021. Extension of authority to provide support for
counter-drug activities of Colombia.
Sec. 1022. Report on Department of Defense expenditures to support
foreign counter-drug activities.
Sec. 1023. Recommendations on expansion of support for
counter-drug activities.
Sec. 1024. Review of riverine counter-drug program.
Sec. 1025. Report on tethered aerostat radar system.
Sec. 1026. Sense of Congress regarding use of Armed Forces for
counter-drug and counter-terrorism activities.
SUBTITLE D--COUNTERTERRORISM AND DOMESTIC PREPAREDNESS
Sec. 1031. Preparedness of military installation first responders
for incidents involving weapons of mass destruction.
Sec. 1032. Additional weapons of mass destruction civil support teams.
Sec. 1033. Authority to provide loan guarantees to improve
domestic preparedness to combat cyberterrorism.
Sec. 1034. Report on the status of domestic preparedness against
the threat of biological terrorism.
Sec. 1035. Report on strategy, policies, and programs to combat
domestic terrorism.
SUBTITLE E--STRATEGIC FORCES
Sec. 1041. Revised nuclear posture review.
Sec. 1042. Plan for the long-term sustainment and modernization of
United States strategic nuclear forces.
Sec. 1043. Modification of scope of waiver authority for
limitation on retirement or dismantlement of strategic nuclear delivery
systems.
Sec. 1044. Report on the defeat of hardened and deeply buried targets.
Sec. 1045. Sense of Congress on the maintenance of the strategic
nuclear triad.
SUBTITLE F--MISCELLANEOUS REPORTING REQUIREMENTS
Sec. 1051. Management review of working-capital fund activities.
Sec. 1052. Report on submarine rescue support vessels.
Sec. 1053. Report on Federal Government progress in developing
information assurance strategies.
Sec. 1054. Department of Defense process for decisionmaking in
cases of false claims.
SUBTITLE G--GOVERNMENT INFORMATION SECURITY REFORM
Sec. 1061. Coordination of Federal information policy.
Sec. 1062. Responsibilities of certain agencies.
Sec. 1063. Relationship of Defense Information Assurance Program
to Government-wide information security program.
Sec. 1064. Technical and conforming amendments.
Sec. 1065. Effective date.
SUBTITLE H--SECURITY MATTERS
Sec. 1071. Limitation on granting of security clearances.
Sec. 1072. Process for prioritizing background investigations for
security clearances for Department of Defense personnel and defense
contractor personnel.
Sec. 1073. Authority to withhold certain sensitive information
from public disclosure.
Sec. 1074. Expansion of authority to exempt geodetic products of
the Department of Defense from public disclosure.
Sec. 1075. Expenditures for declassification activities.
Sec. 1076. Enhanced access to criminal history record information
for national security and other purposes
Sec. 1077. Two-year extension of authority to engage in commercial
activities as security for intelligence collection activities.
Sec. 1078. Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former Department of Defense
nuclear facilities.
SUBTITLE I--OTHER MATTERS
Sec. 1081. Funds for administrative expenses under Defense Export
Loan Guarantee program.
Sec. 1082. Transit pass program for Department of Defense
personnel in poor air quality areas.
Sec. 1083. Transfer of Vietnam era TA 4 aircraft to nonprofit
foundation.
Sec. 1084. Transfer of 19th century cannon to museum.
Sec. 1085. Fees for providing historical information to the public.
Sec. 1086. Grants to American Red Cross for Armed Forces emergency
services.
Sec. 1087. Technical and clerical amendments.
Sec. 1088. Maximum size of parcel post packages transported
overseas for Armed Forces post offices.
Sec. 1089. Sense of Congress regarding tax treatment of members
receiving special pay for duty subject to hostile fire or imminent
danger.
Sec. 1090. Organization and management of Civil Air Patrol.
Sec. 1091. Additional duties for Commission to Assess United
States National Security Space Management and Organization.
Sec. 1092. Commission on the Future of the United States Aerospace
Industry.
Sec. 1093. Drug addiction treatment.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SUBTITLE A--CIVILIAN PERSONNEL MANAGEMENT GENERALLY
Sec. 1101. Employment and compensation of employees for temporary
organizations established by law or Executive order.
Sec. 1102. Assistive technology accommodations program.
Sec. 1103. Extension of authority for voluntary separations in
reductions in force.
Sec. 1104. Electronic maintenance of performance appraisal systems.
Sec. 1105. Study on civilian personnel services.
SUBTITLE B--DEMONSTRATION AND PILOT PROGRAMS
Sec. 1111. Pilot program for reengineering the equal employment
opportunity complaint process.
Sec. 1112. Work safety demonstration program.
Sec. 1113. Extension, expansion, and revision of authority for
experimental personnel program for scientific and technical personnel.
Sec. 1114. Clarification of personnel management authority under
personnel demonstration project.
SUBTITLE C--EDUCATIONAL ASSISTANCE
Sec. 1121. Restructuring the restriction on degree training.
Sec. 1122. Student loan repayment programs.
Sec. 1123. Extension of authority for tuition reimbursement and
training for civilian employees in the defense acquisition workforce.
SUBTITLE D--OTHER BENEFITS
Sec. 1131. Additional special pay for foreign language proficiency
beneficial for United States national security interests.
Sec. 1132. Approval authority for cash awards in excess of $10,000.
Sec. 1133. Leave for crews of certain vessels.
Sec. 1134. Life insurance for emergency essential Department of
Defense employees.
SUBTITLE E--INTELLIGENCE CIVILIAN PERSONNEL
Sec. 1141. Expansion of defense civilian intelligence personnel
system positions.
Sec. 1142. Increase in number of positions authorized for the
Defense Intelligence Senior Executive Service.
SUBTITLE F--VOLUNTARY SEPARATION INCENTIVE PAY AND EARLY RETIREMENT
AUTHORITY
Sec. 1151. Extension, revision, and expansion of authorities for
use of voluntary separation incentive pay and voluntary early
retirement.
Sec. 1152. Department of Defense employee voluntary early
retirement authority.
Sec. 1153. Limitations.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SUBTITLE A--MATTERS RELATED TO ARMS CONTROL
Sec. 1201. Support of United Nations-sponsored efforts to inspect
and monitor Iraqi weapons activities.
Sec. 1202. Support of consultations on Arab and Israeli arms
control and regional security issues.
Sec. 1203. Furnishing of nuclear test monitoring equipment to
foreign governments.
Sec. 1204. Additional matters for annual report on transfers of
militarily sensitive technology to countries and entities of concern.
SUBTITLE B--MATTERS RELATING TO THE BALKANS
Sec. 1211. Annual report assessing effect of continued operations
in the Balkans region on readiness to execute the national military
strategy.
Sec. 1212. Situation in the Balkans.
Sec. 1213. Semiannual report on Kosovo peacekeeping.
SUBTITLE C--NORTH ATLANTIC TREATY ORGANIZATION AND UNITED STATES FORCES
IN EUROPE
Sec. 1221. NATO fair burdensharing.
Sec. 1222. Repeal of restriction preventing cooperative airlift
support through acquisition and cross-servicing agreements.
Sec. 1223. GAO study on the benefits and costs of United States
military engagement in Europe.
SUBTITLE D--OTHER MATTERS
Sec. 1231. Joint data exchange center with Russian Federation on
early warning systems and notification of ballistic missile launches.
Sec. 1232. Report on sharing and exchange of ballistic missile
launch early warning data.
Sec. 1233. Annual report of Communist Chinese military companies
operating in the United States.
Sec. 1234. Adjustment of composite theoretical performance levels
of high performance computers.
Sec. 1235. Increased authority to provide health care services as
humanitarian and civic assistance.
Sec. 1236. Sense of Congress regarding the use of children as soldiers.
Sec. 1237. Sense of Congress regarding undersea rescue and recovery.
Sec. 1238. United States-China Security Review Commission.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of cooperative threat reduction programs
and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of
conventional weapons.
Sec. 1304. Limitations on use of funds for fissile material
storage facility.
Sec. 1305. Limitation on use of funds to support warhead
dismantlement processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil
fuel energy plants; report.
Sec. 1308. Reports on activities and assistance under cooperative
threat reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons
grade plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.
TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE (EMP) ATTACK
Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Reports.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.
TITLE XV--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
Sec. 1501. Assistance for economic growth on Vieques.
Sec. 1502. Conveyance of Naval Ammunition Support Detachment,
Vieques Island.
Sec. 1503. Determination regarding continuation of Navy training.
Sec. 1504. Actions if training is approved.
Sec. 1505. Requirements if training is not approved or mandate for
referendum is vitiated.
Sec. 1506. Certain properties exempt from conveyance or transfer.
Sec. 1507. Moratorium on improvements at Fort Buchanan.
Sec. 1508. Transfer and management of Conservation Zones.
TITLE XVI--GI BILL EDUCATIONAL ASSISTANCE AND VETERANS CLAIMS
ASSISTANCE
SUBTITLE A--VETERANS EDUCATION BENEFITS
Sec. 1601. Additional opportunity for certain VEAP participants to
enroll in basic educational assistance under Montgomery GI Bill.
Sec. 1602. Modification of authority to pay tuition for off-duty
training and education.
SUBTITLE B--VETERANS CLAIMS ASSISTANCE
Sec. 1611. Clarification of Department of Veterans Affairs duty to
assist.
TITLE XVII--ASSISTANCE TO FIREFIGHTERS
Sec. 1701. Firefighter assistance.
Sec. 1702. Volunteer fire assistance program.
Sec. 1703. Burn research.
Sec. 1704. Study and demonstration projects regarding cases of
hepatitis C among certain emergency response employees.
Sec. 1705. Report on progress on spectrum sharing.
Sec. 1706. Sale or donation of excess defense property to assist
firefighting agencies.
Sec. 1707. Identification of defense technologies suitable for
use, or conversion for use, in providing fire and emergency medical
services.
TITLE XVIII--IMPACT AID
Sec. 1801. Short title.
Sec. 1802. Purpose.
Sec. 1803. Payments relating to Federal acquisition of real property.
Sec. 1804. Payments for eligible federally connected children.
Sec. 1805. Maximum amount of basic support payments.
Sec. 1806. Basic support payments for heavily impacted local
educational agencies.
Sec. 1807. Basic support payments for local educational agencies
affected by removal of Federal property.
Sec. 1808. Additional payments for local educational agencies with
high concentrations of children with severe disabilities.
Sec. 1809. Application for payments under sections 8002 and 8003.
Sec. 1810. Payments for sudden and substantial increases in
attendance of military dependents.
Sec. 1811. Construction.
Sec. 1812. State consideration of payments in providing State aid.
Sec. 1813. Federal administration.
Sec. 1814. Administrative hearings and judicial review.
Sec. 1815. Forgiveness of overpayments.
Sec. 1816. Definitions.
Sec. 1817. Authorization of appropriations.
Sec. 1818. Effective date.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal
year 2000 projects.
Sec. 2106. Modification of authority to carry out certain fiscal
year 1999 projects.
Sec. 2107. Modification of authority to carry out fiscal year 1998
project.
Sec. 2108. Authority to accept funds for realignment of certain
military construction project, Fort Campbell, Kentucky.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project at Marine Corps Combat Development Command, Quantico, Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal
year 1990 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authority to contribute to construction of airport
tower, Cheyenne Airport, Cheyenne, Wyoming.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Sec. 2801. Joint use military construction projects.
Sec. 2802. Exclusion of certain costs from determination of
applicability of limitation on use of funds for improvement of family
housing.
Sec. 2803. Revision of space limitations for military family housing.
Sec. 2804. Modification of lease authority for high-cost military
family housing.
Sec. 2805. Provision of utilities and services under alternative
authority for acquisition and improvement of military housing.
Sec. 2806. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2807. Expansion of definition of armory to include readiness
centers.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2811. Increase in threshold for notice and wait requirements
for real property transactions.
Sec. 2812. Enhancement of authority of military departments to
lease non-excess property.
Sec. 2813. Conveyance authority regarding utility systems of
military departments.
Sec. 2814. Permanent conveyance authority to improve property
management.
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
Sec. 2821. Scope of agreements to transfer property to
redevelopment authorities without consideration under the base closure
laws.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Charles Melvin Price Support Center,
Illinois.
Sec. 2834. Land conveyance, Fort Riley, Kansas.
Sec. 2835. Land conveyance, Fort Polk, Louisiana.
Sec. 2836. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2837. Land conveyance, Fort Dix, New Jersey.
Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2839. Land exchange, Army Reserve Local Training Center,
Chattanooga, Tennessee.
Sec. 2840. Land exchange, Fort Hood, Texas.
Sec. 2841. Land conveyance, Fort Pickett, Virginia.
Sec. 2842. Land conveyance, Fort Lawton, Washington.
Sec. 2843. Land conveyance, Vancouver Barracks, Washington.
PART II--NAVY CONVEYANCES
Sec. 2846. Modification of land conveyance, Marine Corps Air
Station, El Toro, California.
Sec. 2847. Modification of authority for Oxnard Harbor District,
Port Hueneme, California, to use certain Navy property.
Sec. 2848. Transfer of jurisdiction, Marine Corps Air Station,
Miramar, California.
Sec. 2849. Land exchange, Marine Corps Recruit Depot, San Diego,
California.
Sec. 2850. Lease of property, Naval Air Station, Pensacola, Florida.
Sec. 2851. Land conveyance, Naval Reserve Center, Tampa, Florida.
Sec. 2852. Modification of land conveyance, Defense Fuel Supply
Point, Casco Bay, Maine.
Sec. 2853. Land conveyance, Naval Computer and Telecommunications
Station, Cutler, Maine.
Sec. 2854. Modification of land conveyance authority, former Naval
Training Center, Bainbridge, Cecil County, Maryland.
Sec. 2855. Land conveyance, Marine Corps Base, Camp Lejeune, North
Carolina.
Sec. 2856. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2857. Land conveyance, Naval Station, Bremerton, Washington.
PART III--AIR FORCE CONVEYANCES
Sec. 2861. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado.
Sec. 2864. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2865. Modification of land conveyance, Ellsworth Air Force
Base, South Dakota.
Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington.
PART IV--OTHER CONVEYANCES
Sec. 2871. Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas.
Sec. 2872. Land conveyance, former National Ground Intelligence
Center, Charlottesville, Virginia.
SUBTITLE E--OTHER MATTERS
Sec. 2881. Relation of easement authority to leased parkland,
Marine Corps Base, Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of
fire, security, police, public works, and utility services from local
government agencies.
Sec. 2883. Acceptance and use of gifts for construction of third
building at United States Air Force Museum, Wright-Patterson Air Force
Base, Ohio.
Sec. 2884. Development of Marine Corps Heritage Center at Marine
Corps Base, Quantico, Virginia.
Sec. 2885. Activities relating to greenbelt at Fallon Naval Air
Station, Nevada.
Sec. 2886. Establishment of World War II memorial on Guam.
Sec. 2887. Naming of Army missile testing range at Kwajalein Atoll
as the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein
Atoll.
Sec. 2888. Designation of building at Fort Belvoir, Virginia, in
honor of Andrew T. McNamara.
Sec. 2889. Designation of Balboa Naval Hospital, San Diego,
California, in honor of Bob Wilson, a former member of the House of
Representatives.
Sec. 2890. Sense of Congress regarding importance of expansion of
National Training Center, Fort Irwin, California.
Sec. 2891. Sense of Congress regarding land transfers at Melrose
Range, New Mexico, and Yakima Training Center, Washington.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and
construction activities.
Sec. 3127. Funds available for all national security programs of
the Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Sec. 3131. Funding for termination costs of River Protection
Project, Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security
Administration and Ballistic Missile Defense Organization.
Sec. 3133. Reprogramming of funds available for infrastructure
upgrades or maintenance in certain accounts of the National Nuclear
Security Administration.
Sec. 3134. Adjustment of composite theoretical performance levels
for post-shipment verification reports on advanced supercomputer sales
to certain foreign nations.
Sec. 3135. Modification of counterintelligence polygraph program.
Sec. 3136. Employee incentives for employees at closure project
facilities.
Sec. 3137. Continuation of processing, treatment, and disposition
of legacy nuclear materials.
Sec. 3138. Limitation on use of certain funds pending
certification of compliance with Formerly Utilized Sites Remedial Action
Program funding prohibition.
Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory
at Idaho National Engineering and Environmental Laboratory, Idaho Falls,
Idaho.
Sec. 3140. Report on National Ignition Facility, Lawrence
Livermore National Laboratory, Livermore, California.
Sec. 3141. River Protection Project, Richland, Washington.
Sec. 3142. Report on tank waste remediation system, Hanford
Reservation, Richland, Washington.
SUBTITLE D--MATTERS RELATING TO MANAGEMENT OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION
Sec. 3151. Term of office of person first appointed as Under
Secretary for Nuclear Security of the Department of Energy.
Sec. 3152. Membership of Under Secretary for Nuclear Security on
the Joint Nuclear Weapons Council.
Sec. 3153. Organization plan for field offices of the National
Nuclear Security Administration.
Sec. 3154. Required contents of future-years nuclear security program.
Sec. 3155. Future-years nuclear security program for fiscal year 2001.
Sec. 3156. Engineering and manufacturing research, development,
and demonstration by plant managers of certain nuclear weapons
production plants.
Sec. 3157. Prohibition on individuals engaging in concurrent
service or duties within National Nuclear Security Administration and
outside that Administration but within Department of Energy.
Sec. 3158. Annual plan for obligation of funds of the National
Nuclear Security Administration.
Sec. 3159. Authority to reorganize National Nuclear Security
Administration.
SUBTITLE E--NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT
Sec. 3161. Technology Infrastructure Pilot Program.
Sec. 3162. Report on small business participation in National
Nuclear Security Administration activities.
Sec. 3163. Study and report related to improving mission
effectiveness, partnerships, and technology transfer at national
security laboratories and nuclear weapons production facilities.
Sec. 3164. Report on effectiveness of National Nuclear Security
Administration technology development partnerships with non-Federal
entities.
Sec. 3165. Definitions.
SUBTITLE F--MATTERS RELATING TO DEFENSE NUCLEAR NONPROLIFERATION
Sec. 3171. Annual report on status of nuclear materials
protection, control, and accounting program.
Sec. 3172. Nuclear Cities Initiative.
Sec. 3173. Department of Energy nonproliferation monitoring.
Sec. 3174. Sense of Congress on the need for coordination of
nonproliferation programs.
Sec. 3175. Limitation on use of funds for International Nuclear
Safety Program.
SUBTITLE G--OTHER MATTERS
Sec. 3191. Extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3192. Biennial report containing update on nuclear test
readiness postures.
Sec. 3193. Frequency of reports on inadvertent releases of
Restricted Data and Formerly Restricted Data.
Sec. 3194. Form of certifications regarding the safety or
reliability of the nuclear weapons stockpile.
Sec. 3195. Authority to provide certificate of commendation to
Department of Energy and contractor employees for exemplary service in
stockpile stewardship and security.
Sec. 3196. Cooperative research and development agreements for
government-owned, contractor-operated laboratories.
Sec. 3197. Office of Arctic Energy.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Increased receipts under prior disposal authority.
Sec. 3303. Disposal of titanium.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Minimum price of petroleum sold from certain naval
petroleum reserves.
Sec. 3402. Repeal of authority to contract for cooperative or unit
plans affecting Naval Petroleum Reserve Numbered 1.
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2001.
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels.
Sec. 3503. Authority to convey National Defense Reserve Fleet
vessel, Glacier.
Sec. 3504. Maritime intermodal research.
Sec. 3505. Maritime research and technology development.
Sec. 3506. Reporting of administered and oversight funds.
TITLE XXXVI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
Sec. 3601. Short title.
Sec. 3602. Findings; sense of Congress.
SUBTITLE A--ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION FUND
Sec. 3611. Establishment of Energy Employees Occupational Illness
Compensation Program.
Sec. 3612. Establishment of Energy Employees Occupational Illness
Compensation Fund.
Sec. 3613. Legislative proposal.
Sec. 3614. Authorization of appropriations.
SUBTITLE B--PROGRAM ADMINISTRATION
Sec. 3621. Definitions for program administration.
Sec. 3622. Expansion of list of beryllium vendors.
Sec. 3623. Exposure in the performance of duty.
Sec. 3624. Advisory Board on Radiation and Worker Health.
Sec. 3625. Responsibilities of Secretary of Health and Human Services.
Sec. 3626. Designation of additional members of Special Exposure Cohort.
Sec. 3627. Separate treatment of chronic silicosis.
Sec. 3628. Compensation and benefits to be provided.
Sec. 3629. Medical benefits.
Sec. 3630. Separate treatment of certain uranium employees.
Sec. 3631. Assistance for claimants and potential claimants.
SUBTITLE C--TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION AND
BENEFITS
Sec. 3641. Offset for certain payments.
Sec. 3642. Subrogation of the United States.
Sec. 3643. Payment in full settlement of claims.
Sec. 3644. Exclusivity of remedy against the United States and
against contractors and subcontractors.
Sec. 3645. Election of remedy for beryllium employees and atomic
weapons employees.
Sec. 3646. Certification of treatment of payments under other laws.
Sec. 3647. Claims not assignable or transferable; choice of remedies.
Sec. 3648. Attorney fees.
Sec. 3649. Certain claims not affected by awards of damages.
Sec. 3650. Forfeiture of benefits by convicted felons.
Sec. 3651. Coordination with other Federal radiation compensation laws.
SUBTITLE D--ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS
Sec. 3661. Agreements with States.
SEC. . CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
TITLE I--PROCUREMENT
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
SUBTITLE B--ARMY PROGRAMS
Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of bunker defeat
munitions that may be acquired.
Sec. 113. Reports and limitations relating to Army transformation.
SUBTITLE C--NAVY PROGRAMS
Sec. 121. CVNX 1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. Limitation during fiscal year 2001 on changes in
submarine force structure.
Sec. 125. ADC(X) ship program.
Sec. 126. Refueling and complex overhaul program of the U.S.S.
Dwight D. Eisenhower.
Sec. 127. Analysis of certain shipbuilding programs.
Sec. 128. Helicopter support of FFG 7 frigates during fiscal year 2001.
Sec. 129. V 22 cockpit aircraft voice and flight data recorders.
SUBTITLE D--AIR FORCE PROGRAMS
Sec. 131. Annual report on B 2 bomber.
Sec. 132. Report on modernization of Air National Guard F 16A units.
SUBTITLE E--JOINT PROGRAMS
Sec. 141. Study of final assembly and checkout alternatives for
the Joint Strike Fighter program.
SUBTITLE F--CHEMICAL DEMILITARIZATION
Sec. 151. Pueblo Chemical Depot chemical agent and munitions
destruction technologies.
Sec. 152. Report on assessment of need for Federal economic
assistance for communities impacted by chemical demilitarization
activities.
Sec. 153. Prohibition against disposal of non-stockpile chemical
warfare material at Anniston chemical stockpile disposal facility.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Army as follows:
(1) For aircraft, $1,550,012,000.
(2) For missiles, $1,320,681,000.
(3) For weapons and tracked combat vehicles, $2,436,324,000.
(4) For ammunition, $1,179,916,000.
(5) For other procurement, $4,235,719,000.
(6) For chemical agents and munitions destruction, $980,100,000, for--
(A) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Navy as follows:
(1) For aircraft, $8,394,338,000.
(2) For weapons, including missiles and torpedoes, $1,443,600,000.
(3) For shipbuilding and conversion, $12,826,919,000.
(4) For other procurement, $3,380,680,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated for
fiscal year 2001 for procurement for the Marine Corps in the amount of
$1,212,768,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to
be appropriated for fiscal year 2001 for procurement of ammunition for
the Navy and the Marine Corps in the amount of $487,749,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Air Force as follows:
(1) For aircraft, $9,923,868,000.
(2) For missiles, $2,863,778,000.
(3) For ammunition, $646,808,000.
(4) For other procurement, $7,711,647,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
(a) Amount Authorized.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for Defense-wide procurement in the
amount of $2,278,408,000.
(b) Amount for National Missile Defense.--Of the funds authorized to
be appropriated in subsection (a), $74,530,000 shall be available for
the National Missile Defense program.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2001
for procurement for the Inspector General of the Department of Defense
in the amount of $3,300,000.
SEC. 106. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $290,006,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.
(a) M 2 A 3 Bradley Fighting Vehicle.--(1) Beginning with the fiscal
year 2001 program year, the Secretary of the Army may, in accordance
with section 2306b of title 10, United States Code, enter into one or
more multiyear contracts for procurement of M2A3 Bradley fighting
vehicles.
(2) The Secretary of the Army may execute a contract authorized by
paragraph (1) only after--
(A) there is a successful completion of a M2A3 Bradley initial
operational test and evaluation (IOT&E); and
(B) the Secretary certifies in writing to the congressional defense
committees that the vehicle met all required test parameters.
(b) Utility Helicopters.--Beginning with the fiscal year 2002 program
year, the Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into one or more multiyear contracts
for procurement of UH 60 Blackhawk utility helicopters and, acting as
executive agent for the Department of the Navy, CH 60 Knighthawk utility
helicopters.
SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNKER DEFEAT
MUNITIONS THAT MAY BE ACQUIRED.
Section 116(2) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103 337; 108 Stat. 2682) is amended by striking
``6,000'' and inserting ``8,500''.
SEC. 113. REPORTS AND LIMITATIONS RELATING TO ARMY TRANSFORMATION.
(a) Secretary of the Army Report on Objective Force Development
Process.--The Secretary of the Army shall submit to the congressional
defense committees a report on the process for developing the objective
force in the transformation of the Army. The report shall include the
following:
(1) The operational environments envisioned for the objective force.
(2) The threat assumptions on which research and development efforts
for transformation of the Army into the objective force are based.
(3) The potential operational and organizational concepts for the
objective force.
(4) The operational requirements anticipated for the operational
requirements document of the objective force.
(5) The anticipated schedule of Army transformation activities
through fiscal year 2012, together with--
(A) the projected funding requirements through that fiscal year for
research and development activities and procurement activities related
to transition to the objective force; and
(B) a summary of the anticipated investments of the Defense Advanced
Research Projects Agency in programs designed to lead to the fielding of
future combat systems for the objective force.
(6) A proposed plan for the comparison referred to in subsection (c).
If any of the information required by paragraphs (1) through (5) is
not available at the time the report is submitted, the Secretary shall
include in the report the anticipated schedule for the availability of
that information.
(b) Secretary of Defense Report on Objective Force Development
Process.--Not later than March 1, 2001, the Secretary of Defense shall
submit to the congressional defense committees a report on the process
for developing the objective force in the transformation of the Army.
The report shall include the following:
(1) The joint warfighting requirements that will be supported by the
fielding of the objective force, together with a description of the
adjustments that are planned to be made in the war plans of the
commanders of the unified combatant commands in relation to the fielding
of the objective force.
(2) The changes in lift requirements that may result from the
establishment and fielding of the combat brigades of the objective
force.
(3) The evaluation process that will be used to support
decisionmaking on the course of the Army transformation, including a
description of the operational evaluations and experimentation that will
be used to validate the operational requirements for the operational
requirements document of the objective force.
If any of the information required by paragraphs (1) through (3) is
not available at the time the report is submitted, the Secretary shall
include in the report the anticipated schedule for the availability of
that information.
(c) Costs and Effectiveness of Medium Armored Combat Vehicles for the
Interim Brigade Combat Teams.--(1) The Secretary of the Army shall
develop a plan for comparing--
(A) the costs and operational effectiveness of the infantry carrier
variant of the interim armored vehicles selected for the infantry
battalions of the interim brigade combat teams; and
(B) the costs and operational effectiveness of the troop-carrying
medium armored vehicles currently in the Army inventory for the use of
infantry battalions.
(2) The Secretary of the Army may not carry out the comparison
described in paragraph (1) until the Director of Operational Test and
Evaluation of the Department of Defense approves the plan for that
comparison developed under that paragraph.
(d) Limitation Pending Receipt of Secretary of the Army Report.--Not
more than 80 percent of the amount appropriated for fiscal year 2001 for
the procurement of armored vehicles in the family of new medium armored
vehicles may be obligated until--
(1) the Secretary of the Army submits to the congressional defense
committees the report required under subsection (a); and
(2) a period of 30 days has elapsed from the date of the submittal
of such report.
(e) Limitation Pending Comparison and Certification.--No funds
appropriated or otherwise made available to the Department of the Army
for any fiscal year may be obligated for acquisition of medium armored
combat vehicles to equip a third interim brigade combat team until--
(1) the plan for a comparison of costs and operational effectiveness
developed under subsection (c)(1), as approved under subsection (c)(2),
is carried out;
(2) the Secretary of Defense submits to the congressional defense
committees, after the completion of the comparison referred to in
paragraph (1), a certification that--
(A) the Secretary approves of the obligation of funds for that
purpose; and
(B) the force structure resulting from the acquisition and
subsequent operational capability of interim brigade combat teams will
not diminish the combat power of the Army; and
(3) a period of 30 days has elapsed from the date of the
certification under paragraph (2).
(f) Definitions.--In this section:
(1) The term ``transformation'', with respect to the Army, means the
actions being undertaken to transform the Army, as it is constituted in
terms of organization, equipment, and doctrine in 2000, into the
objective force.
(2) The term ``objective force'' means the Army that has the
organizational structure, the most advanced equipment that early
twenty-first century science and technology can provide, and the
appropriate doctrine to ensure that the Army is responsive, deployable,
agile, versatile, lethal, survivable, and sustainable for the full
spectrum of the operations anticipated to be required of the Army during
the early years of the twenty-first century following 2010.
(3) The term ``interim brigade combat team'' means an Army brigade
that is designated by the Secretary of the Army as a brigade combat team
and is reorganized and equipped with currently available equipment in a
configuration that effectuates an evolutionary advancement toward
transformation of the Army to the objective force.
Subtitle C--Navy Programs
SEC. 121. CVNX 1 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is authorized
to procure the aircraft carrier to be designated CVNX 1.
(b) Advance Procurement and Construction.--The Secretary may enter
into one or more contracts for the advance procurement and advance
construction of components for the ship authorized under subsection (a).
(c) Amount Authorized From SCN Account.--Of the amounts authorized to
be appropriated under section 102(a)(3) for fiscal year 2001,
$21,869,000 is available for the advance procurement and advance
construction of components (including nuclear components) for the CVNX 1
aircraft carrier program.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Economical Multiyear Procurement of Previously Authorized Vessels
and One Additional Vessel.--(1) Subsection (b) of section 122 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104
201; 110 Stat. 2446), as amended by section 122(a) of Public Law 106 65
(113 Stat. 534), is further amended by striking ``a total of 18 Arleigh
Burke class destroyers'' in the first sentence and all that follows
through the period at the end of that sentence and inserting ``Arleigh
Burke class destroyers in accordance with this subsection and subsection
(a)(4) at procurement rates not in excess of three ships in each of the
fiscal years beginning after September 30, 1998, and before October 1,
2005. The authority under the preceding sentence is subject to the
availability of appropriations for such destroyers.''.
(2) The heading for such subsection is amended by striking ``18''.
(b) Economical Rate of Procurement.--It is the sense of Congress
that, for the procurement of the Arleigh Burke class destroyers to be
procured after fiscal year 2001 under multiyear contracts authorized
under section 122(b) of Public Law 104 201, as amended by subsection
(a)--
(1) the Secretary of the Navy should--
(A) achieve the most economical rate of procurement; and
(B) enter into such contracts for advance procurement as may be
necessary to achieve that rate of procurement;
(2) the most economical rate of procurement would be achieved by
procuring three of those vessels in each of fiscal years 2002 and 2003
and procuring another vessel in fiscal year 2004; and
(3) the Secretary has the authority under section 122(b) of Public
Law 104 201 (110 Stat. 2446) and subsections (b) and (c) of section 122
of Public Law 106 65 (113 Stat. 534) to provide for procurement at the
most economical rate, as described in paragraph (2).
(c) Update of 1993 Report on DDG 51 Class Ships.--(1) The Secretary
of the Navy shall submit to the Committees on Armed Services of the
Senate and the House of Representatives, not later than November 1,
2000, a report that updates the information provided in the report of
the Secretary of the Navy entitled the ``Arleigh Burke (DDG 51) Class
Industrial Base Study of 1993''. The Secretary shall transmit a copy of
the updated report to the Comptroller General not later than the date on
which the Secretary submits the report to the committees.
(2) The Comptroller General shall review the updated report submitted
under paragraph (1) and, not later than December 1, 2000, submit to the
Committees on Armed Services of the Senate and House of Representatives
the Comptroller General's comments on the updated report.
SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.
(a) Amounts Authorized From SCN Account.--Of the amounts authorized
to be appropriated by section 102(a)(3) for fiscal year 2001,
$1,706,234,000 is available for the Virginia class submarine program.
(b) Contract Authority.--(1) The Secretary of the Navy is authorized
to enter into a contract for the procurement of up to five Virginia
class submarines, including the procurement of material in economic
order quantities when cost savings are achievable, during fiscal years
2003 through 2006. The submarines authorized under the preceding
sentence are in addition to the submarines authorized under section
121(b) of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105 85; 111 Stat. 1648).
(2) A contract entered into under paragraph (1) shall provide that
any obligation of the United States to make a payment under the contract
is subject to the availability of appropriations for that purpose.
(c) Shipbuilder Teaming.--Paragraphs (2)(A), (3), and (4) of section
121(b) of Public Law 105 85 apply to the procurement of submarines under
this section.
(d) Limitation of Liability.--If a contract entered into under this
section is terminated, the United States shall not be liable for
termination costs in excess of the total of the amounts appropriated for
the Virginia class submarine program that remain available for the
program.
(e) Report Requirement.--At that same time that the President submits
the budget for fiscal year 2002 to Congress under section 1105(a) of
title 31, United States Code, the Secretary of Defense shall submit to
the congressional defense committees a report on the Navy's fleet of
fast attack submarines. The report shall include the following:
(1) A plan for maintaining at least 55 fast attack submarines in
commissioned service through 2015, including, by 2015, 18 Virginia class
submarines.
(2) Two assessments of the potential savings that would be achieved
under the Virginia class submarine program if the production rate for
that program were at least two submarines each fiscal year, as follows:
(A) An assessment if that were the production rate beginning in
fiscal year 2004.
(B) An assessment if that were the production rate beginning in
fiscal year 2006.
(3) An analysis of the advantages and disadvantages of various
contracting strategies for the Virginia class submarine program,
including one or more multiyear procurement strategies and one or more
strategies for block buy with economic order quantity.
SEC. 124. LIMITATION DURING FISCAL YEAR 2001 ON CHANGES IN
SUBMARINE FORCE STRUCTURE.
(a) Limitation on Retirement of Submarines.--During fiscal year 2001,
the Secretary of the Navy may not retire from the active force structure
of the Navy any Los Angeles class nuclear-powered attack submarine or
any Ohio class nuclear-powered ballistic missile submarine unless the
Secretary of the Navy certifies to Congress in writing that he cannot
assure the continued safe and militarily effective operation of that
submarine.
(b) Report.--Not later than April 15, 2001, the President shall
submit to Congress a report on the required force structure for
nuclear-powered submarines, including attack submarines (SSNs),
ballistic missile submarines (SSBNs), and cruise missile submarines
(SSGNs), to support the national military strategy through 2020. The
report shall include a detailed discussion of the acquisition strategy
and fleet maintenance requirements to achieve and maintain that force
structure through--
(1) the procurement of new construction submarines;
(2) the refueling of Los Angeles class attack submarines (SSNs) to
achieve the maximum amount of operational useful service; and
(3) the conversion of Ohio class submarines that are no longer
required for the strategic deterrence mission from their current
ballistic missile (SSBN) configuration to a cruise-missile (SSGN)
configuration.
SEC. 125. ADC(X) SHIP PROGRAM.
The Secretary of the Navy may procure the construction of all ADC(X)
class ships in one shipyard if the Secretary determines that it is more
cost effective to do so than to procure the construction of such ships
from more than one shipyard.
SEC. 126. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE U.S.S.
DWIGHT D. EISENHOWER.
(a) Amount Authorized From SCN Account.--Of the amount authorized to
be appropriated by section 102(a)(3) for fiscal year 2001, $698,441,000
is available for the commencement of the nuclear refueling and complex
overhaul of the U.S.S. Dwight D. Eisenhower (CVN 69) during fiscal year
2001. The amount made available in the preceding sentence is the first
increment in the incremental funding planned for the nuclear refueling
and complex overhaul of that vessel.
(b) Contract Authority.--The Secretary of the Navy is authorized to
enter into a contract during fiscal year 2001 for the nuclear refueling
and complex overhaul of the U.S.S. Dwight D. Eisenhower.
(c) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2001 is subject to the availability of appropriations
for that purpose for that later fiscal year.
SEC. 127. ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.
(a) Alternative Funding Analysis.--The Secretary of the Navy shall
conduct an analysis on the potential benefits and risks associated with
alternative funding mechanisms for the procurement of various classes of
naval vessels and other naval capabilities beginning in fiscal year
2002.
(b) Alternative Funding Mechanisms.--For purposes of this section,
the term ``alternative funding mechanism'' means any of the following:
(1) The use of multiyear procurement.
(2) The use of advance procurement for block buys of materials in
economic order quantities.
(3) The use of advance procurement and advance construction required
in the number of years appropriate to minimize the cost of ship
construction.
(4) The use of advance procurement and advance construction
apportioned roughly evenly across some number of fiscal years.
(5) The use of resources from the National Defense Sealift Fund to
budget for auxiliary ships and strategic lift ships.
(6) The use of the resources from the National Defense Sealift Fund
to provide advance payments for national defense features to establish
an active Ready Reserve Force.
(c) Report.--The Secretary shall submit to the congressional defense
committees a report providing the results of the analysis under
subsection (a). The report shall be submitted concurrently with the
submission of the President's budget for fiscal year 2002, but in no
event later than February 5, 2001. The report shall include the
following:
(1) A detailed description of the funding mechanisms considered.
(2) The potential savings or costs associated with each such funding
mechanism.
(3) The year-to-year effect of each such funding mechanism on
production stability of other shipbuilding programs funded within the
Shipbuilding and Conversion, Navy, account, given the current
acquisition plan of the Navy through fiscal year 2010.
(4) The variables and constants used in the analysis which should
include economic, industrial base, and budget realities.
(5) A description and discussion of any statutory or regulatory
restrictions that would preclude the use of any of the funding
mechanisms considered.
SEC. 128. HELICOPTER SUPPORT OF FFG 7 FRIGATES DURING FISCAL YEAR 2001.
During fiscal year 2001, the Secretary of the Navy shall operate one
squadron of six SH 2G helicopters to provide organic helicopter assets
for operational support of missions that are to be carried out by FFG 7
Flight I and Flight II frigates during that fiscal year.
SEC. 129. V 22 COCKPIT AIRCRAFT VOICE AND FLIGHT DATA RECORDERS.
The Secretary of Defense shall require that all V 22 Osprey aircraft
be equipped with a state-of-the-art cockpit voice recorder and a
state-of-the-art flight data recorder each of which meets, at a minimum,
the standards for such devices recommended by the National
Transportation Safety Board.
Subtitle D--Air Force Programs
SEC. 131. ANNUAL REPORT ON B 2 BOMBER.
(a) In General.--(1) Chapter 136 of title 10, United States Code, is
amended by adding at the end the following new section:
``2282. B 2 bomber: annual report
``Not later than March 1 of each year, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the B 2 bomber aircraft. Each such report shall include the following:
``(1) Identification of the average full-mission capable rate of B 2
aircraft for the preceding fiscal year and the Secretary's overall
assessment of the implications of that full-mission capable rate on
mission accomplishment for the B 2 aircraft, together with the
Secretary's determination as to whether that rate is adequate for the
accomplishment of each of the missions assigned to the B 2 aircraft as
of the date of the assessment.
``(2) An assessment of the technical capabilities of the B 2
aircraft and whether these capabilities are adequate to accomplish each
of the missions assigned to that aircraft as of the date of the
assessment.
``(3) Identification of all ongoing and planned development of
technologies to enhance the capabilities of that aircraft.
``(4) Identification and assessment of additional technologies that
would make that aircraft more capable or survivable against known and
evolving threats.
``(5) A fiscally phased program for each technology identified in
paragraphs (3) and (4) for the budget year and the future-years defense
program, based on the following three funding situations:
``(A) The President's current budget.
``(B) The President's current budget and the current Department of
Defense unfunded priority list.
``(C) The maximum executable funding for the B 2 aircraft given the
requirement to maintain enough operationally ready aircraft to
accomplish missions assigned to the B-2 aircraft.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``2282. B 2 bomber: annual report.''.
(b) Repeal of Superseded Reporting Requirement.--Section 112 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101 189) is repealed.
SEC. 132. REPORT ON MODERNIZATION OF AIR NATIONAL GUARD F 16A UNITS.
The Secretary of the Air Force shall, not later than February 1,
2001, submit to Congress a plan to modernize and upgrade the combat
capabilities of those Air National Guard units that, as of the date of
the enactment of this Act, are assigned F 16A aircraft so that those
units can be deployed as part of Air Expeditionary Forces.
Subtitle E--Joint Programs
SEC. 141. STUDY OF FINAL ASSEMBLY AND CHECKOUT ALTERNATIVES
FOR THE JOINT STRIKE FIGHTER PROGRAM.
(a) Report Required.--Not later than 180 days after the date of the
award of a contract for engineering and manufacturing development for
the Joint Strike Fighter aircraft program, the Secretary of Defense
shall submit to Congress a report providing the results of a study of
final assembly and checkout alternatives for that aircraft.
(b) Matters To Be Included.--The report under subsection (a) shall
include the following:
(1) Examination of alternative final assembly and checkout
strategies for the program, including--
(A) final assembly and checkout of all aircraft under the program at
one location;
(B) final assembly and checkout at dual locations; and
(C) final assembly and checkout at multiple locations.
(2) Identification of each Government and industry facility that is
a potential location for such final assembly and checkout.
(3) Identification of the anticipated costs of final assembly and
checkout at each facility identified pursuant to paragraph (2), based
upon a reasonable profile for the annual procurement of that aircraft
once it enters production.
(4) A comparison of the anticipated costs of carrying out such final
assembly and checkout at each such location.
(c) Cost Comparison.--In identifying costs under subsection (b)(3)
and carrying out the cost comparisons required by subsection (b)(4), the
Secretary shall include consideration of each of the following factors:
(1) State tax credits.
(2) State and local incentives.
(3) Skilled resident workforce.
(4) Supplier and technical support bases.
(5) Available stealth production facilities.
(6) Environmental standards.
Subtitle F--Chemical Demilitarization
SEC. 151. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS
DESTRUCTION TECHNOLOGIES.
(a) Limitation.--In determining the technologies to be used for the
destruction of the stockpile of lethal chemical agents and munitions at
Pueblo Chemical Depot, Colorado, whether under the assessment required
by section 141(a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 537; 50 U.S.C. 1521 note), the
Assembled Chemical Weapons Assessment, or any other assessment, the
Secretary of Defense may consider only the following technologies:
(1) Incineration.
(2) Any technologies demonstrated under the Assembled Chemical
Weapons Assessment on or before May 1, 2000.
(b) Assembled Chemical Weapons Assessment Defined.--As used in
subsection (a), the term ``Assembled Chemical Weapons Assessment'' means
the pilot program carried out under section 8065 of the Department of
Defense Appropriations Act, 1997 (as contained in section 101(b) of
Public Law 104 208; 110 Stat. 3009 101; 50 U.S.C. 1521 note).
SEC. 152. REPORT ON ASSESSMENT OF NEED FOR FEDERAL ECONOMIC
ASSISTANCE FOR COMMUNITIES IMPACTED BY CHEMICAL DEMILITARIZATION
ACTIVITIES.
(a) Report Required.--Not later than April 1, 2001, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and of the House of Representatives a report on the impact of the
Department of Defense chemical agents and munitions destruction program
on the communities in the vicinity of the chemical weapons stockpile
storage sites and associated chemical agent demilitarization activities
at the following facilities:
(1) Anniston Chemical Activity, Alabama.
(2) Blue Grass Chemical Activity, Kentucky.
(3) Deseret Chemical Depot, Utah.
(4) Edgewood Chemical Activity, Maryland.
(5) Newport Chemical Activity, Indiana.
(6) Pine Bluff Chemical Activity, Arkansas.
(7) Pueblo Chemical Activity, Colorado.
(8) Umatilla Chemical Depot, Oregon.
(b) Recommendation.--The Secretary shall include in the report a
recommendation regarding whether Federal economic assistance for any or
all of those communities to assist in meeting the impact of that program
is needed and appropriate. If the Secretary's recommendation is that
such economic assistance is needed and appropriate for any or all of
such communities, the Secretary shall include in the report criteria for
determining the amount of such economic assistance.
(c) Matters To Be Considered in Assessing Impact.--In assessing the
impact of the program referred to in subsection (a) for purposes of
preparing the report required by that subsection and the recommendation
required by subsection (b), the Secretary shall consider the following:
(1) The impact that any change in population as a result of chemical
agent demilitarization activities would have on the community.
(2) The possible temporary nature of such a change in population and
the long-range financial impact of such a change in population on the
permanent residents of the community.
(3) The initial capitalization required for the services,
facilities, or infrastructure to support any increase in population.
(4) The operating costs for sustaining or upgrading the services,
facilities, or infrastructure to support any increase in population.
(5) The costs incurred by local government entities for improvements
to emergency evacuation routes required by the chemical demilitarization
activities.
(6) Such other factors as the Secretary considers appropriate.
SEC. 153. PROHIBITION AGAINST DISPOSAL OF NON-STOCKPILE
CHEMICAL WARFARE MATERIAL AT ANNISTON CHEMICAL STOCKPILE DISPOSAL
FACILITY.
No funds authorized to be made available under this or any other Act
may be used to facilitate the disposal using the chemical stockpile
disposal facility at Anniston, Alabama, of any non-stockpile chemical
warfare material that is not stored (as of the date of the enactment of
this Act) at the Anniston Army Depot.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Sec. 211. Management of Space-Based Infrared System--Low.
Sec. 212. Joint Strike Fighter program.
Sec. 213. Fiscal year 2002 joint field experiment.
Sec. 214. Nuclear aircraft carrier design and production modeling.
Sec. 215. DD 21 class destroyer program.
Sec. 216. Limitation on Russian American Observation Satellites program.
Sec. 217. Joint biological defense program.
Sec. 218. Report on biological warfare defense vaccine research
and development programs.
Sec. 219. Cost limitations applicable to F 22 aircraft program.
Sec. 220. Unmanned advanced capability combat aircraft and ground
combat vehicles.
Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 222. Army space control technology development.
SUBTITLE C--BALLISTIC MISSILE DEFENSE
Sec. 231. Funding for fiscal year 2001.
Sec. 232. Reports on ballistic missile threat posed by North Korea.
Sec. 233. Plan to modify ballistic missile defense architecture.
Sec. 234. Management of Airborne Laser program.
SUBTITLE D--HIGH ENERGY LASER PROGRAMS
Sec. 241. Funding.
Sec. 242. Implementation of High Energy Laser Master Plan.
Sec. 243. Designation of senior official for high energy laser programs.
Sec. 244. Site for Joint Technology Office.
Sec. 245. High energy laser infrastructure improvements.
Sec. 246. Cooperative programs and activities.
Sec. 247. Technology plan.
Sec. 248. Annual report.
Sec. 249. Definition.
Sec. 250. Review of Defense-wide directed energy programs.
SUBTITLE E--OTHER MATTERS
Sec. 251. Reports on mobile offshore base concept and potential
use for certain purposes of technologies associated with that concept.
Sec. 252. Air Force science and technology planning.
Sec. 253. Enhancement of authorities regarding education
partnerships for purposes of encouraging scientific study.
Sec. 254. Recognition of those individuals instrumental to naval
research efforts during the period from before World War II through the
end of the Cold War.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $5,568,482,000.
(2) For the Navy, $8,715,335,000.
(3) For the Air Force, $13,779,144,000.
(4) For Defense-wide activities, $10,873,712,000, of which
$192,060,000 is authorized for the Director of Operational Test and
Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2001.--Of the amounts authorized to be appropriated
by section 201, $4,557,188,000 shall be available for basic research and
applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MANAGEMENT OF SPACE-BASED INFRARED SYSTEM--LOW.
Not later than October 1, 2001, the Secretary of Defense shall direct
that the Director of the Ballistic Missile Defense Organization shall
have authority for program management for the ballistic missile defense
program known on the date of the enactment of this Act as the
Space-Based Infrared System--Low.
SEC. 212. JOINT STRIKE FIGHTER PROGRAM.
(a) Report.--Not later than December 15, 2000, the Secretary of
Defense shall submit to the congressional defense committees a report on
the Joint Strike Fighter aircraft program describing the criteria for
exit of the program from the demonstration and validation phase, and
entry of the program into the engineering and manufacturing development
phase, of the acquisition process.
(b) Certification.--The Joint Strike Fighter program may not be
approved for entry into the engineering and manufacturing development
phase of the acquisition process until the Secretary of Defense
certifies to the congressional defense committees that--
(1) the exit criteria established in the report submitted under
subsection (a) have been accomplished;
(2) the technological maturity of key technologies for the program
is sufficient to warrant entry of the program into the engineering and
manufacturing development phase; and
(3) the short take-off, vertical-landing aircraft variant selected
for engineering and manufacturing development has successfully flown at
least 20 hours.
(c) Transfers Within the Joint Strike Fighter Navy and Air Force
Accounts.--(1) The Secretary of Defense may, subject to established
congressional notification and reprogramming procedures, transfer within
the Joint Strike Fighter program the following amounts:
(A) Of the funds authorized to be appropriated for PE 64800N, up to
$100,000,000 to PE 63800N.
(B) Of the funds authorized to be appropriated for PE 64800F, up to
$100,000,000 to PE 63800F.
(2) The transfer authority authorized in paragraph (1) is in addition
to the transfer authority provided in section 1001.
SEC. 213. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.
(a) Requirements.--The Secretary of Defense shall carry out a joint
field experiment in fiscal year 2002. The Secretary shall ensure that
the planning for the joint field experiment is carried out in fiscal
year 2001.
(b) Purpose.--The purpose of the joint field experiment is to explore
critical war fighting challenges at the operational level of war that
will confront United States joint military forces after 2010.
(c) Participating Forces.--(1) The joint field experiment shall
involve elements of the Army, Navy, Marine Corps, and Air Force, and
shall include special operations forces.
(2) The forces designated to participate in the joint field
experiment shall exemplify the concepts for organization, equipment, and
doctrine that are conceived for the forces after 2010 under Joint Vision
2010 and Joint Vision 2020 (issued by the Joint Chiefs of Staff) and the
current vision statements of the Chief of Staff of the Army, the Chief
of Naval Operations, the Commandant of the Marine Corps, and the Chief
of Staff of the Air Force, including the following concepts:
(A) Army medium weight brigades.
(B) Navy Forward-From-The-Sea.
(C) Air Force expeditionary aerospace forces.
(d) Report.--Not later than March 1, 2001, the Secretary shall submit
to the congressional defense committees a report on the concept plan for
the joint field experiment required under subsection (a). The report
shall include the following:
(1) The objectives of the experiment.
(2) The forces participating in the experiment.
(3) The schedule and location of the experiment.
(4) For each joint command, defense agency, and service component
participating in the experiment, an identification of--
(A) the funding required for the experiment by that command, agency,
or component; and
(B) any shortfall in the budget request for the Department of
Defense for fiscal year 2002 for that funding for that command, agency,
or component.
SEC. 214. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION MODELING.
(a) Assessment Required.--The Secretary of the Navy shall conduct an
assessment of the cost-effectiveness of--
(1) converting design data for the Nimitz-class aircraft carrier
from non-electronic to electronic form; and
(2) developing an electronic, three-dimensional design product model
for the CVNX class aircraft carrier.
(b) Conduct of the Assessment.--The Secretary of the Navy shall carry
out the assessment in a manner that ensures the participation of the
nuclear aircraft carrier shipbuilding industry.
(c) Report.--The Secretary of the Navy shall submit a report to the
congressional defense committees on the assessment. The report shall
include the results of the assessment and plans and funding requirements
for developing the model specified in subsection (a)(2). The report
shall be submitted with the submission of the budget request for the
Department of Defense for fiscal year 2002.
(d) Funding.--Of the amount authorized to be appropriated under
section 201(2) for research, development, test, and evaluation for the
Navy, $8,000,000 shall be available to initiate the conversion and
development of nuclear aircraft carrier design data into an electronic,
three-dimensional product model.
SEC. 215. DD 21 CLASS DESTROYER PROGRAM.
(a) Authority.--The Secretary of the Navy is authorized to pursue a
technology insertion approach for the construction of the DD 21
destroyer that is based on the assumption of the following schedule:
(1) Award of a contract for advance procurement for construction of
components for the DD 21 destroyer during fiscal year 2004.
(2) Delivery of the completed ship during fiscal year 2009.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there are compelling reasons for starting the program for
constructing the DD 21 destroyer during fiscal year 2004 with available
procurement funds and continuing with sequential construction of DD 21
class destroyers during the ensuing fiscal years until 32 DD 21 class
destroyers have been constructed; and
(2) the Secretary of the Navy, in providing for the acquisition of
DD 21 class destroyers, should consider that--
(A) the Marine Corps needs the surface fire-support capabilities of
the DD 21 class destroyers as soon as possible in order to mitigate the
inadequacies of the surface fire-support capabilities that are currently
available;
(B) the Navy and Marine Corps need to resolve whether there is a
requirement for surface fire-support missile weapon systems to be easily
sustainable by means of replenishment while under way;
(C) the technology insertion approach has been successful for other
ship construction programs and is being pursued for the CVNX aircraft
carrier program and the Virginia class submarine program;
(D) the establishment of a stable configuration for the first 10 DD
21 class destroyers should enable the construction of those ships with
the greatest capabilities at the lowest cost; and
(E) action to acquire DD 21 class destroyers should be taken as soon
as possible in order to realize fully the cost savings that can be
derived from the construction and operation of DD 21 class destroyers,
including--
(i) savings in construction costs that would result from achievement
of the Navy's target per-ship cost of $750,000,000 by the fifth ship
constructed in each construction yard;
(ii) savings that would result from the estimated reduction of the
crews of destroyers by 200 or more personnel for each ship; and
(iii) savings that would result from a reduction in the operating
costs for destroyers by an estimated 70 percent.
(c) Navy Plan for Use of Technology Insertion Approach for
Construction of the DD 21 Ship.--The Secretary of the Navy shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives, not later than April 18, 2001, a plan for pursuing a
technology insertion approach for the construction of the DD 21
destroyer as authorized under subsection (a). The plan shall include
estimates of the resources necessary to carry out the plan.
(d) Report on Acquisition and Maintenance Plan for DD 21 Class
Ships.--The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, not later than
April 18, 2001, a report on the Navy's plan for the acquisition and
maintenance of DD 21 class destroyers. The report shall include a
discussion of each of the following matters:
(1) The technical feasibility of contracting for, and commencing
construction of, the first destroyer in that class during fiscal year
2004 and achieving delivery of the completed ship during fiscal year
2009.
(2) An analysis of alternative contracting strategies for the
construction of the first 10 destroyers in that class, including one or
more multiyear procurement strategies and one or more strategies for
block buy in economic order quantity.
(3) A comparison of the effects on the destroyer industrial base and
on costs to other Navy shipbuilding programs of the following two
options:
(A) Commencing construction of the first destroyer in that class
during fiscal year 2004, with delivery of the completed ship during
fiscal year 2009, and delaying commencement of construction of the next
destroyer in that class until fiscal year 2006.
(B) Commencing construction of the first destroyer in that class
during fiscal year 2005 (rather than fiscal year 2004), with advance
procurement during fiscal year 2004 and delivery of the completed ship
during fiscal year 2010, and delaying commencement of construction of
the next destroyer in that class until fiscal year 2007 (rather than
fiscal year 2006).
(4) The effects on the fleet maintenance strategies of Navy fleet
commanders, on commercial maintenance facilities in fleet concentration
areas, and on the administration of funds in compliance with section
2466 of title 10, United States Code, of awarding to a contractor for
the construction of a destroyer in that class all maintenance workloads
for destroyers in that class that are below depot-level maintenance and
above ship-level maintenance.
SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SATELLITES PROGRAM.
None of the funds authorized to be appropriated under section 201(4)
for the Russian American Observation Satellites program may be obligated
or expended until 30 days after the Secretary of Defense submits to
Congress a report explaining how the Secretary plans to protect United
States advanced military technology that may be associated with the
Russian American Observation Satellites program.
SEC. 217. JOINT BIOLOGICAL DEFENSE PROGRAM.
(a) Limitation.--Subject to subsection (c), funds authorized to be
appropriated by this Act may not be obligated for the procurement of a
vaccine for the biological agent anthrax until the Secretary of Defense
has submitted to the congressional defense committees each of the
following:
(1) A written notification that the Food and Drug Administration has
approved the current manufacturer for production of the vaccine.
(2) A report on the contingencies associated with continuing to rely
on the current manufacturer to supply the vaccine.
(b) Content of Report.--The report required under subsection (a)(2)
shall include each of the following:
(1) Recommended strategies to mitigate the risk to the Department of
Defense of losing the current manufacturer as a source of anthrax
vaccine, together with a discussion of the criteria to be applied in
determining whether to carry out any of the strategies and which
strategy to carry out.
(2) Recommended strategies to ensure that the Department of Defense
can procure, from one or more sources other than the current
manufacturer, an anthrax vaccine approved by the Food and Drug
Administration that meets the requirements of the Department if--
(A) the Food and Drug Administration does not approve the release of
the anthrax vaccine available from the current manufacturer; or
(B) the current manufacturer terminates the production of anthrax
vaccine permanently.
(3) A five-year budget to support each strategy recommended under
paragraph (1) or (2).
(c) Permissible Obligations.--(1) This section does not limit the
obligation of funds for any of the following purposes:
(A) The support of any action that is necessary for the current
manufacturer to comply with standards of the Food and Drug
Administration (including those purposes necessary to obtain or maintain
a biological license application) applicable to anthrax vaccine.
(B) Establishing an additional source (other than or in conjunction
with the current manufacturer) for the production of anthrax vaccine.
(C) Any action that the Secretary determines necessary to ensure
production of anthrax vaccine for meeting an urgent and immediate
national defense requirement.
(2) Not later than seven days after the total amount of the funds
obligated (or obligated and expended) for purposes specified in
paragraph (1) exceeds $5,000,000, the Secretary shall submit to Congress
a notification that the total obligations exceed that amount, together
with a written justification for the obligation of funds in excess of
that amount.
(d) Current Manufacturer.--In this section, the term ``current
manufacturer'' means the manufacturing source from which the Department
of Defense is procuring anthrax vaccine as of the date of the enactment
of this Act.
SEC. 218. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE
RESEARCH AND DEVELOPMENT PROGRAMS.
(a) Report Required.--Not later than February 1, 2001, the Secretary
of Defense shall submit to the congressional defense committees a report
on the acquisition of biological warfare defense vaccines for the
Department of Defense.
(b) Contents.--The report shall include the following:
(1) The Secretary's evaluation of the implications of reliance on
the commercial sector to meet the requirements of the Department of
Defense for biological warfare defense vaccines.
(2) A design for a government-owned, contractor-operated facility
for the production of biological warfare defense vaccines that meets the
requirements of the Department for such vaccines, and the assumptions on
which that design is based.
(3) A preliminary cost estimate of, and schedule for, establishing
and bringing into operation such a facility, and the estimated annual
cost of operating such a facility thereafter.
(4) A determination, developed in consultation with the Surgeon
General, of the utility of such a facility to support the production of
vaccines for the civilian sector, and a discussion of the effects that
the use of such a facility for that purpose might have on--
(A) the production of vaccines for the Armed Forces; and
(B) the annual cost of operating such a facility.
(5) An analysis of the effects that international requirements for
vaccines, and the production of vaccines in response to those
requirements, might have on--
(A) the production of vaccines for the Armed Forces; and
(B) the annual cost of operating such a facility.
(c) Biological Warfare Defense Vaccine Defined.--In this section, the
term ``biological warfare defense vaccine'' means a vaccine useful for
the immunization of military personnel to protect against biological
agents on the Validated Threat List issued by the Joint Chiefs of Staff,
whether such vaccine is in production or is being developed.
SEC. 219. COST LIMITATIONS APPLICABLE TO F 22 AIRCRAFT PROGRAM.
(a) Flexibility in Engineering and Manufacturing Development Cost
Cap.--Section 217(c) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105 85; 111 Stat. 1660) is amended by
adding at the end the following new paragraph:
``(3) With respect to the limitation in subsection (a), an increase
by an amount that does not exceed 1\1/2\ percent of the total amount of
that limitation (taking into account the increases and decreases, if
any, under paragraphs (1) and (2)) if the Director of Operational Test
and Evaluation, after consulting with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, determines that the increase is
necessary in order to ensure adequate testing.''.
(b) Reestablishment of Separate Engineering and Manufacturing
Development Cost Cap and Production Cost Cap.--The provisions of
subsections (a) and (b) of section 217 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105 85; 111 Stat.
1660) shall continue to apply with respect to amounts obligated and
expended for engineering and manufacturing development, and for
production, respectively, for the F 22 aircraft program without regard
to any provision of law establishing a single limitation on amounts
obligated and expended for engineering and manufacturing development and
for production for that program.
SEC. 220. UNMANNED ADVANCED CAPABILITY COMBAT AIRCRAFT AND
GROUND COMBAT VEHICLES.
(a) Goal.--It shall be a goal of the Armed Forces to achieve the
fielding of unmanned, remotely controlled technology such that--
(1) by 2010, one-third of the aircraft in the operational deep
strike force aircraft fleet are unmanned; and
(2) by 2015, one-third of the operational ground combat vehicles are
unmanned.
(b) Report on Unmanned Advanced Capability Combat Aircraft and Ground
Combat Vehicles.--(1) Not later than January 31, 2001, the Secretary of
Defense shall submit to the congressional defense committees a report on
the programs to demonstrate unmanned advanced capability combat aircraft
and ground combat vehicles undertaken jointly between the Director of
the Defense Advanced Research Projects Agency and any of the following:
(A) The Secretary of the Army.
(B) The Secretary of the Navy.
(C) The Secretary of the Air Force.
(2) The report shall include, for each program referred to in
paragraph (1), the following:
(A) A schedule for the demonstration to be carried out under that
program.
(B) An identification of the funding required for fiscal year 2002
and for the future-years defense program to carry out that program and
for the demonstration to be carried out under that program.
(C) In the case of the program relating to the Army, the plan for
modification of the existing memorandum of agreement with the Defense
Advanced Research Projects Agency for demonstration and development of
the Future Combat System to reflect an increase in unmanned, remotely
controlled enabling technologies.
(3) The report shall also include, for each Secretary referred to in
paragraphs (1)(A), (1)(B), and (1)(C), a description and assessment of
the acquisition strategy for unmanned advanced capability combat
aircraft and ground combat vehicles planned by that Secretary, which
shall include a detailed estimate of all research and development,
procurement, operation, support, ownership, and other costs required to
carry out such strategy through the year 2030, and--
(A) in the case of the acquisition strategy relating to the Army,
the transition from the planned acquisition strategy for the Future
Combat System to an acquisition strategy capable of meeting the goal
specified in subsection (a)(2);
(B) in the case of the acquisition strategy relating to the Navy--
(i) the plan to implement a program that examines the ongoing Air
Force unmanned combat air vehicle program and identifies an approach to
develop a Navy unmanned combat air vehicle program that has the goal of
developing an aircraft that is suitable for aircraft carrier use and has
maximum commonality with the aircraft under the Air Force program; and
(ii) an analysis of alternatives between the operational deep strike
force aircraft fleet and that fleet together with an additional 10 to 20
unmanned advanced capability combat aircraft that are suitable for
aircraft carrier use and capable of penetrating fully operational enemy
air defense systems; and
(C) in the case of the acquisition strategy relating to the Air
Force--
(i) the schedule for evaluation of demonstration results for the
ongoing unmanned combat air vehicle program and the earliest possible
transition of that program into engineering and manufacturing
development and procurement; and
(ii) an analysis of alternatives between the currently planned deep
strike force aircraft fleet and the operational deep strike force
aircraft fleet that could be acquired by fiscal year 2010 to meet the
goal specified in subsection (a)(1).
(c) Funds.--Of the amount authorized to be appropriated for
Defense-wide activities under section 201(4) for the Defense Advanced
Research Projects Agency, $100,000,000 shall be available only to carry
out the programs referred to in subsection (b)(1).
(d) Definitions.--For purposes of this section:
(1) An aircraft or ground combat vehicle has ``unmanned advanced
capability'' if it is an autonomous, semi-autonomous, or remotely
controlled system that can be deployed, re-tasked, recovered, and
re-deployed.
(2) The term ``currently planned deep strike force aircraft fleet''
means the early entry, deep strike aircraft fleet (composed of F 117
stealth aircraft and B 2 stealth aircraft) that is currently planned for
fiscal year 2010.
(3) The term ``operational deep strike force aircraft fleet'' means
the currently planned deep strike force aircraft fleet, together with at
least 30 unmanned advanced capability combat aircraft that are capable
of penetrating fully operational enemy air defense systems.
(4) The term ``operational ground combat vehicles'' means ground
combat vehicles acquired through the Future Combat System acquisition
program of the Army to equip the future objective force, as outlined in
the vision statement of the Chief of Staff of the Army.
SEC. 221. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL VEHICLE.
(a) Concept Demonstration Required.--The Secretary of Defense shall
require and coordinate a concept demonstration of the Global Hawk high
altitude endurance unmanned aerial vehicle.
(b) Purpose of Demonstration.--The purpose of the concept
demonstration is to demonstrate the capability of the Global Hawk high
altitude endurance unmanned aerial vehicle to operate in an airborne
surveillance mode, using available, non-developmental technology.
(c) Time for Demonstration.--The Secretary shall initiate the
demonstration not later than March 1, 2001.
(d) Participation by CINCs.--The Secretary shall require the
commander of the United States Joint Forces Command and the commander of
the United States Southern Command jointly to provide guidance for the
demonstration and otherwise to participate in the demonstration.
(e) Scenario for Demonstration.--The demonstration shall be conducted
in a counter-drug surveillance scenario that is designed to replicate
factual conditions typically encountered in the performance of the
counter-drug surveillance mission of the commander of the United States
Southern Command within that commander's area of responsibility.
(f) Report.--Not later than 45 days after the demonstration is
completed, the Secretary shall submit to Congress a report on the
results of the demonstration. The report shall include the following:
(1) The Secretary's assessment of the technical feasibility of using
the Global Hawk high altitude endurance unmanned aerial vehicle for
airborne air surveillance.
(2) A discussion of the operational concept for the use of the
vehicle for that purpose.
(g) Funding.--Of the funds authorized to be appropriated by section
301(20) for Drug Interdiction and Counter-drug Activities, Defense-wide,
$18,000,000 shall be available for the concept demonstration required by
subsection (a), including initiation of concurrent development for an
improved surveillance radar.
SEC. 222. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.
Of the funds authorized to be appropriated under section 201(1) for
Army space control technology, $3,000,000 shall be available for the
kinetic energy anti-satellite technology program.
Subtitle C--Ballistic Missile Defense
SEC. 231. FUNDING FOR FISCAL YEAR 2001.
Of the funds authorized to be appropriated in section 201(4),
$1,875,238,000 shall be available for the National Missile Defense
program.
SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH KOREA.
(a) Report on Ballistic Missile Threat.--Not later than two weeks
after the next flight test by North Korea of a long-range ballistic
missile, the President shall submit to Congress, in classified and
unclassified form, a report on the North Korean ballistic missile threat
to the United States. The report shall include the following:
(1) An assessment of the current North Korean missile threat to the
United States.
(2) An assessment of whether the United States is capable of
defeating the North Korean long-range missile threat to the United
States as of the date of the report.
(3) An assessment of when the United States will be capable of
defeating the North Korean missile threat to the United States.
(4) An assessment of the potential for proliferation of North Korean
missile technologies to other states and whether such proliferation will
accelerate the development of additional long-range ballistic missile
threats to the United States.
(b) Report on Reducing Vulnerability.--Not later than two weeks after
the next flight test by North Korea of a long-range ballistic missile,
the President shall submit to Congress a report providing the following:
(1) Any additional steps the President intends to take to reduce the
period of time during which the Nation is vulnerable to the North Korean
long-range ballistic missile threat.
(2) The technical and programmatic viability of testing any other
missile defense systems against targets with flight characteristics
similar to the North Korean long-range missile threat, and plans to do
so if such tests are considered to be a viable alternative.
(c) Definition.--For purposes of this section, the term ``United
States'', when used in a geographic sense, means the 50 States, the
District of Columbia, and any Commonwealth, territory, or possession of
the United States.
SEC. 233. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE ARCHITECTURE.
(a) Plan.--The Director of the Ballistic Missile Defense Organization
shall develop a plan to adapt ballistic missile defense systems and
architectures to counter potential threats to the United States, United
States forces deployed outside the United States, and other United
States national security interests that are posed by longer range
medium-range ballistic missiles and intermediate-range ballistic
missiles.
(b) Use of Space-Based Sensors Included.--The plan shall include--
(1) potential use of space-based sensors, including the Space-Based
Infrared System (SBIRS) Low and Space-Based Infrared System (SBIRS)
High, Navy theater missile defense assets, upgrades of land-based
theater missile defenses, the airborne laser, and other assets available
in the European theater; and
(2) a schedule for ground and flight testing against the identified
threats.
(c) Report.--The Secretary of Defense shall assess the plan and, not
later than February 15, 2001, shall submit to the congressional defense
committees a report on the results of the assessment.
SEC. 234. MANAGEMENT OF AIRBORNE LASER PROGRAM.
(a) Oversight of Funding, Schedule, and Technical Requirements.--With
respect to the program known as of the date of the enactment of this Act
as the ``Airborne Laser'' program, the Secretary of Defense shall
require that the Secretary of the Air Force obtain the concurrence of
the Director of the Ballistic Missile Defense Organization before the
Secretary--
(1) makes any change to the funding plan or schedule for that
program that would delay to a date later than September 30, 2003, the
first test of the airborne laser that is intended to destroy a ballistic
missile in flight;
(2) makes any change to the funding plan for that program in the
future-years defense program that would delay the initial operational
capability of the airborne laser; and
(3) makes any change to the technical requirements of the airborne
laser that would significantly reduce its ballistic missile defense
capabilities.
(b) Report.--Not later than February 15, 2001, the Director of the
Ballistic Missile Defense Organization shall submit to the congressional
defense committees a report, to be prepared in coordination with the
Secretary of the Air Force, on the role of the airborne laser in the
family of systems missile defense architecture developed by the Director
of the Ballistic Missile Defense Organization and the Director of the
Joint Theater Air and Missile Defense Organization. The report shall be
submitted in unclassified and, if necessary, classified form. The report
shall include the following:
(1) An assessment by the Secretary of the Air Force and the Director
of the Ballistic Missile Defense Organization of the funding plan for
that program required to achieve the schedule identified in paragraphs
(1) and (2) of subsection (a).
(2) Potential future airborne laser roles in that architecture.
(3) An assessment of the effect of deployment of the airborne laser
on requirements for theater ballistic missile defense systems.
(4) An assessment of the cost effectiveness of the airborne laser
compared to other ballistic missile defense systems.
(5) An assessment of the relative significance of the airborne laser
in the family of systems missile defense architecture.
Subtitle D--High Energy Laser Programs
SEC. 241. FUNDING.
(a) Funding for Fiscal Year 2001.--(1) Of the amount authorized to be
appropriated by section 201(4), $30,000,000 is authorized for high
energy laser development.
(2) Funds available under this subsection are available to supplement
the high energy laser programs of the military departments and Defense
Agencies, as determined by the official designated under section 243.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should establish funding for high
energy laser programs within the science and technology programs of each
of the military departments and the Ballistic Missile Defense
Organization; and
(2) the Secretary of Defense should establish a goal that basic,
applied, and advanced research in high energy laser technology should
constitute at least 4.5 percent of the total science and technology
budget of the Department of Defense by fiscal year 2004.
SEC. 242. IMPLEMENTATION OF HIGH ENERGY LASER MASTER PLAN.
The Secretary of Defense shall implement the management and
organizational structure specified in the Department of Defense High
Energy Laser Master Plan of March 24, 2000.
SEC. 243. DESIGNATION OF SENIOR OFFICIAL FOR HIGH ENERGY LASER PROGRAMS.
(a) Designation.--The Secretary of Defense shall designate a single
senior civilian official in the Office of the Secretary of Defense (in
this subtitle referred to as the ``designated official'') to chair the
High Energy Laser Technology Council called for in the master plan
referred to in section 242 and to carry out responsibilities for the
programs for which funds are provided under this subtitle. The
designated official shall report directly to the Under Secretary of
Defense for Acquisition, Technology, and Logistics for matters
concerning the responsibilities specified in subsection (b).
(b) Responsibilities.--The primary responsibilities of the designated
official shall include the following:
(1) Establishment of priorities for the high energy laser programs
of the military departments and the Defense Agencies.
(2) Coordination of high energy laser programs among the military
departments and the Defense Agencies.
(3) Identification of promising high energy laser technologies for
which funding should be a high priority for the Department of Defense
and establishment of priority for funding among those technologies.
(4) Preparation, in coordination with the Secretaries of the
military departments and the Directors of the Defense Agencies, of a
detailed technology plan to develop and mature high energy laser
technologies.
(5) Planning and programming appropriate to rapid evolution of high
energy laser technology.
(6) Ensuring that high energy laser programs of each military
department and the Defense Agencies are initiated and managed
effectively and are complementary with programs managed by the other
military departments and Defense Agencies and by the Office of the
Secretary of Defense.
(7) Ensuring that the high energy laser programs of the military
departments and the Defense Agencies comply with the requirements
specified in subsection (c).
(c) Coordination and Funding Balance.--In carrying out the
responsibilities specified in subsection (b), the designated official
shall ensure that--
(1) high energy laser programs of each military department and of
the Defense Agencies are consistent with the priorities identified in
the designated official's planning and programming activities;
(2) funding provided by the Office of the Secretary of Defense for
high energy laser research and development complements high energy laser
programs for which funds are provided by the military departments and
the Defense Agencies;
(3) programs, projects, and activities to be carried out by the
recipients of such funds are selected on the basis of appropriate
competitive procedures or Department of Defense peer review process;
(4) beginning with fiscal year 2002, funding from the Office of the
Secretary of Defense in applied research and advanced technology
development program elements is not applied to technology efforts in
support of high energy laser programs that are not funded by a military
department or the Defense Agencies; and
(5) funding from the Office of the Secretary of Defense to
complement an applied research or advanced technology development high
energy laser program for which funds are provided by one of the military
departments or the Defense Agencies do not exceed the amount provided by
the military department or the Defense Agencies for that program.
SEC. 244. SITE FOR JOINT TECHNOLOGY OFFICE.
(a) Deadline for Selection of Site.--The Secretary of Defense shall
locate the Joint Technology Office called for in the High Energy Laser
Master Plan referred to in section 242 at a location determined
appropriate by the Secretary not later than 30 days after the date of
the enactment of this Act.
(b) Consideration of Site.--In determining the location of the Joint
Technology Office, the Secretary shall, in consultation with the Deputy
Under Secretary of Defense for Science and Technology, assess--
(1) cost;
(2) accessibility between the Office and the Armed Forces and senior
Department of Defense leaders; and
(3) the advantages and disadvantages of locating the Office at a
site at which occurs a substantial proportion of the directed energy
research, development, test, and evaluation activities of the Department
of Defense.
SEC. 245. HIGH ENERGY LASER INFRASTRUCTURE IMPROVEMENTS.
(a) Enhancement of Industrial Base.--The Secretary of Defense shall
consider, evaluate, and undertake to the extent appropriate initiatives,
including investment initiatives, to enhance the industrial base to
support military applications of high energy laser technologies and
systems.
(b) Enhancement of Test and Evaluation Capabilities.--The Secretary
of Defense shall consider modernizing the High Energy Laser Test
Facility at White Sands Missile Range, New Mexico, in order to enhance
the test and evaluation capabilities of the Department of Defense with
respect to high energy laser weapons.
SEC. 246. COOPERATIVE PROGRAMS AND ACTIVITIES.
(a) Memorandum of Agreement With NNSA.--(1) The Secretary of Defense
and the Administrator for Nuclear Security of the Department of Energy
shall enter into a memorandum of agreement to conduct joint research and
development on military applications of high energy lasers.
(2) The projects pursued under the memorandum of agreement--
(A) shall be of mutual benefit to the national security programs of
the Department of Defense and the National Nuclear Security
Administration of the Department of Energy;
(B) shall be prioritized jointly by officials designated to do so by
the Secretary of Defense and the Administrator; and
(C) shall be consistent with the technology plan prepared pursuant
to section 243(b)(4) and the requirements identified in section 243(c).
(3) The costs of each project pursued under the memorandum of
agreement shall be shared equally by the Department of Defense and the
National Nuclear Security Administration.
(4) The memorandum of agreement shall provide for appropriate peer
review of projects pursued under the memorandum of agreement.
(b) Evaluation of Other Cooperative Programs and Activities.--The
Secretary of Defense shall evaluate the feasibility and advisability of
entering into cooperative programs or activities with other Federal
agencies, institutions of higher education, and the private sector for
the purpose of enhancing the programs, projects, and activities of the
Department of Defense relating to high energy laser technologies,
systems, and weapons.
SEC. 247. TECHNOLOGY PLAN.
The designated official shall submit to the congressional defense
committees by February 15, 2001, the technology plan prepared pursuant
to section 243(b)(4). The report shall be submitted in unclassified and,
if necessary, classified form.
SEC. 248. ANNUAL REPORT.
Not later than February 15 of 2001, 2002, and 2003, the Secretary of
Defense shall submit to the congressional defense committees a report on
the high energy laser programs of the Department of Defense. Each report
shall include an assessment of the following:
(1) The adequacy of the management structure of the Department of
Defense for the high energy laser programs.
(2) The funding available for the high energy laser programs.
(3) The technical progress achieved for the high energy laser
programs.
(4) The extent to which goals and objectives of the high energy
laser technology plan have been met.
SEC. 249. DEFINITION.
For purposes of this subtitle, the term ``high energy laser'' means a
laser that has average power in excess of one kilowatt and that has
potential weapons applications.
SEC. 250. REVIEW OF DEFENSE-WIDE DIRECTED ENERGY PROGRAMS.
(a) Evaluation.--The Secretary of Defense, in consultation with the
Deputy Under Secretary of Defense for Science and Technology, shall
evaluate expansion of the High Energy Laser management structure
specified in section 242 for possible inclusion in that management
structure of science and technology programs in related areas, including
the following:
(1) High power microwave technologies.
(2) Low energy and nonlethal laser technologies.
(3) Other directed energy technologies.
(b) Consideration of Prior Study.--The evaluation under subsection
(a) shall take into consideration the July 1999 Department of Defense
study on streamlining and coordinating science and technology and
research, development, test, and evaluation within the Department of
Defense.
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the findings of the
evaluation under subsection (a). The report shall be submitted not later
than March 15, 2001.
Subtitle E--Other Matters
SEC. 251. REPORTS ON MOBILE OFFSHORE BASE CONCEPT AND
POTENTIAL USE FOR CERTAIN PURPOSES OF TECHNOLOGIES ASSOCIATED WITH THAT
CONCEPT.
(a) Report on Merits of Mobile Offshore Base Concept.--Not later than
March 1, 2001, the Secretary of Defense shall submit to the
congressional defense committees a report on the mobile offshore base
concept. The report shall include the following:
(1) A cost-benefit analysis of the mobile offshore base, using
operational concepts that would support the National Military Strategy.
(2) A recommendation regarding whether to proceed with the mobile
offshore base as a program and, if so--
(A) a statement regarding which of the Armed Forces is to be
designated to have the lead responsibility for the program; and
(B) a schedule for the program.
(b) Report on Potential Use for Certain Purposes of Associated
Technologies.--Not later than March 1, 2001, the Secretary of the Navy
shall submit to the congressional defense committees a report on the
potential use of technologies associated with the mobile offshore base
concept. The report shall include an assessment of the potential
application and feasibility of using existing technologies, including
those technologies associated with the mobile offshore base concept, to
a sea-based landing platform for support of naval aviation training.
SEC. 252. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.
(a) Requirement for Review.--The Secretary of the Air Force shall
conduct a review of the long-term challenges and short-term objectives
of the Air Force science and technology programs. The Secretary shall
complete the review not later than one year after the date of the
enactment of this Act.
(b) Matters To Be Reviewed.--The review shall include the following:
(1) An assessment of the budgetary resources that are being used for
fiscal year 2001 for addressing the long-term challenges and the
short-term objectives of the Air Force science and technology programs.
(2) The budgetary resources that are necessary to address those
challenges and objectives adequately.
(3) A course of action for each projected or ongoing Air Force
science and technology program that does not address either the
long-term challenges or the short-term objectives.
(4) The matters required under subsection (c)(5) and (d)(6).
(c) Long-Term Challenges.--(1) The Secretary of the Air Force shall
establish an integrated product team to identify high-risk, high-payoff
challenges that will provide a long-term focus and motivation for the
Air Force science and technology programs over the next 20 to 50 years
following the enactment of this Act. The integrated product team shall
include representatives of the Office of Scientific Research and
personnel from the Air Force Research Laboratory.
(2) The team shall solicit views from the entire Air Force science
and technology community on the matters under consideration by the team.
(3) The team--
(A) shall select for consideration science and technology challenges
that involve--
(i) compelling requirements of the Air Force;
(ii) high-risk, high-payoff areas of exploration; and
(iii) very difficult, but probably achievable, results; and
(B) should not select a linear extension of any ongoing Air Force
science and technology program for consideration as a science and
technology challenge under subparagraph (A).
(4) The Deputy Assistant Secretary of the Air Force for Science,
Technology, and Engineering shall designate a technical coordinator and
a management coordinator for each science and technology challenge
identified pursuant to this subsection. Each technical coordinator shall
have sufficient expertise in fields related to the challenge to be able
to identify other experts in such fields and to affirm the credibility
of the challenge. The coordinator for a science and technology challenge
shall conduct workshops within the relevant scientific and technological
community to obtain suggestions for possible approaches to addressing
the challenge and to identify ongoing work that addresses the challenge,
deficiencies in current work relating to the challenge, and promising
areas of research.
(5) In carrying out subsection (a), the Secretary of the Air Force
shall review the science and technology challenges identified pursuant
to this subsection and, for each such challenge, at a minimum--
(A) consider the results of the workshops conducted pursuant to
paragraph (4); and
(B) identify any work not currently funded by the Air Force that
should be performed to meet the challenge.
(d) Short-Term Objectives.--(1) The Secretary of the Air Force shall
establish a task force to identify short-term technological objectives
of the Air Force science and technology programs. The task force shall
be chaired by the Deputy Assistant Secretary of the Air Force for
Science, Technology, and Engineering and shall include representatives
of the Chief of Staff of the Air Force and the specified combatant
commands of the Air Force.
(2) The task force shall solicit views from the entire Air Force
requirements community, user community, and acquisition community.
(3) The task force shall select for consideration short-term
objectives that involve--
(A) compelling requirements of the Air Force;
(B) support in the user community; and
(C) likely attainment of the desired benefits within a five-year
period.
(4) The Deputy Assistant Secretary of the Air Force for Science,
Technology, and Engineering shall establish an integrated product team
for each short-term objective identified pursuant to this subsection.
Each integrated product team shall include representatives of the
requirements community, the user community, and the science and
technology community with relevant expertise.
(5) The integrated product team for a short-term objective shall be
responsible for--
(A) identifying, defining, and prioritizing the enabling
capabilities that are necessary for achieving the objective;
(B) identifying deficiencies in the enabling capabilities that must
be addressed if the short-term objective is to be achieved; and
(C) working with the Air Force science and technology community to
identify science and technology projects and programs that should be
undertaken to eliminate each deficiency in an enabling capability.
(6) In carrying out subsection (a), the Secretary of the Air Force
shall review the short-term science and technology objectives identified
pursuant to this subsection and, for each such objective, at a minimum--
(A) consider the work of the integrated product team conducted
pursuant to paragraph (5); and
(B) identify the science and technology work of the Air Force that
should be undertaken to eliminate each deficiency in enabling
capabilities that is identified by the integrated product team pursuant
to subparagraph (B) of that paragraph.
(e) Comptroller General Review.--(1) Not later than 90 days after the
Secretary of the Air Force completes the review required by subsection
(a), the Comptroller General shall submit to Congress a report on the
results of the review. The report shall include the Comptroller
General's assessment regarding the extent to which the review was
conducted in compliance with the requirements of this section.
(2) Immediately upon completing the review required by subsection
(a), the Secretary of Defense shall notify the Comptroller General of
the completion of the review. For the purposes of paragraph (1), the
date of the notification shall be considered the date of the completion
of the review.
SEC. 253. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION
PARTNERSHIPS FOR PURPOSES OF ENCOURAGING SCIENTIFIC STUDY.
(a) Assistance in Support of Partnerships.--Subsection (b) of section
2194 of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting ``, and is
encouraged to provide,'' after ``may provide'';
(2) in paragraph (1), by inserting before the semicolon the
following: ``for any purpose and duration in support of such agreement
that the director considers appropriate''; and
(3) by striking paragraph (2) and inserting the following new
paragraph (2):
``(2) notwithstanding the provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) or any
provision of law or regulation relating to transfers of surplus
property, transferring to the institution any computer equipment, or
other scientific equipment, that is--
``(A) commonly used by educational institutions;
``(B) surplus to the needs of the defense laboratory; and
``(C) determined by the director to be appropriate for support of
such agreement;''.
(b) Defense Laboratory Defined.--Subsection (e) of that section is
amended to read as follows:
``(e) In this section:
``(1) The term `defense laboratory' means any laboratory, product
center, test center, depot, training and educational organization, or
operational command under the jurisdiction of the Department of Defense.
``(2) The term `local educational agency' has the meaning given such
term in section 14101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801).''.
SEC. 254. RECOGNITION OF THOSE INDIVIDUALS INSTRUMENTAL TO
NAVAL RESEARCH EFFORTS DURING THE PERIOD FROM BEFORE WORLD WAR II
THROUGH THE END OF THE COLD WAR.
(a) Findings.--Congress makes the following findings:
(1) The contributions of the Nation's scientific community and of
science research to the victory of the United States and its allies in
World War II resulted in the understanding that science and technology
are of critical importance to the future security of the Nation.
(2) Academic institutions and oceanographers provided vital support
to the Navy and the Marine Corps during World War II.
(3) Congress created the Office of Naval Research in the Department
of the Navy in 1946 to ensure the availability of resources for research
in oceanography and other fields related to the missions of the Navy and
Marine Corps.
(4) The Office of Naval Research of the Department of the Navy, in
addition to its support of naval research within the Federal Government,
has also supported the conduct of oceanographic and scientific research
through partnerships with educational and scientific institutions
throughout the Nation.
(5) These partnerships have long been recognized as among the most
innovative and productive research partnerships ever established by the
Federal Government and have resulted in a vast improvement in
understanding of basic ocean processes and the development of new
technologies critical to the security and defense of the Nation.
(b) Congressional Recognition and Appreciation.--Congress--
(1) applauds the commitment and dedication of the officers,
scientists, researchers, students, and administrators who were
instrumental to the program of partnerships for oceanographic and
scientific research between the Federal Government and academic
institutions, including those individuals who helped forge that program
before World War II, implement it during World War II, and improve it
throughout the Cold War;
(2) recognizes that the Nation, in ultimately prevailing in the Cold
War, relied to a significant extent on research supported by, and
technologies developed through, those partnerships and, in particular,
on the superior understanding of the ocean environment generated through
that research;
(3) supports efforts by the Secretary of the Navy and the Chief of
Naval Research to honor those individuals, who contributed so greatly
and unselfishly to the naval mission and the national defense, through
those partnerships during the period beginning before World War II and
continuing through the end of the Cold War; and
(4) expresses appreciation for the ongoing efforts of the Office of
Naval Research to support oceanographic and scientific research and the
development of researchers in those fields, to ensure that such
partnerships will continue to make important contributions to the
defense and the general welfare of the Nation.
TITLE III--OPERATION AND MAINTENANCE
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Joint warfighting capabilities assessment teams.
SUBTITLE B--ENVIRONMENTAL PROVISIONS
Sec. 311. Establishment of additional environmental restoration
account and use of accounts for operation and monitoring of
environmental remedies.
Sec. 312. Certain environmental restoration activities.
Sec. 313. Annual reports under Strategic Environmental Research
and Development Program.
Sec. 314. Payment of fines and penalties for environmental
compliance at Fort Wainwright, Alaska.
Sec. 315. Payment of fines or penalties imposed for environmental
compliance violations at other Department of Defense facilities.
Sec. 316. Reimbursement for certain costs in connection with the
former Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 317. Necessity of military low-level flight training to
protect national security and enhance military readiness.
Sec. 318. Ship disposal project.
Sec. 319. Defense Environmental Security Corporate Information
Management Program.
Sec. 320. Report on Plasma Energy Pyrolysis System.
Sec. 321. Sense of Congress regarding environmental restoration of
former defense manufacturing site, Santa Clarita, California.
SUBTITLE C--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Sec. 331. Use of appropriated funds to cover operating expenses of
commissary stores.
Sec. 332. Adjustment of sales prices of commissary store goods and
services to cover certain expenses.
Sec. 333. Use of surcharges for construction and improvement of
commissary stores.
Sec. 334. Inclusion of magazines and other periodicals as an
authorized commissary merchandise category.
Sec. 335. Use of most economical distribution method for distilled
spirits.
Sec. 336. Report on effects of availability of slot machines on
United States military installations overseas.
SUBTITLE D--DEPARTMENT OF DEFENSE INDUSTRIAL FACILITIES
Sec. 341. Designation of Centers of Industrial and Technical
Excellence and public-private partnerships to increase utilization of
such centers.
Sec. 342. Unutilized and underutilized plant-capacity costs of
United States arsenals.
Sec. 343. Arsenal support program initiative.
Sec. 344. Codification and improvement of armament retooling and
manufacturing support programs.
SUBTITLE E--PERFORMANCE OF FUNCTIONS BY PRIVATE-SECTOR SOURCES
Sec. 351. Inclusion of additional information in reports to
Congress required before conversion of commercial or industrial type
functions to contractor performance.
Sec. 352. Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition plants.
Sec. 353. Consolidation, restructuring, or reengineering of
Department of Defense organizations, functions, or activities.
Sec. 354. Monitoring of savings resulting from workforce
reductions as part of conversion of functions to performance by private
sector or other strategic sourcing initiatives.
Sec. 355. Performance of emergency response functions at chemical
weapons storage installations.
Sec. 356. Suspension of reorganization or relocation of Naval
Audit Service.
SUBTITLE F--DEFENSE DEPENDENTS EDUCATION
Sec. 361. Eligibility of dependents of American Red Cross
employees for enrollment in Department of Defense domestic dependent
schools in Puerto Rico.
Sec. 362. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 363. Impact aid for children with severe disabilities.
Sec. 364. Assistance for maintenance, repair, and renovation of
school facilities that serve dependents of members of the Armed Forces
and Department of Defense civilian employees.
SUBTITLE G--MILITARY READINESS ISSUES
Sec. 371. Measuring cannibalization of parts, supplies, and
equipment under readiness reporting system.
Sec. 372. Reporting requirements regarding transfers from
high-priority readiness appropriations.
Sec. 373. Effects of worldwide contingency operations on readiness
of military aircraft and equipment.
Sec. 374. Identification of requirements to reduce backlog in
maintenance and repair of defense facilities.
Sec. 375. New methodology for preparing budget requests to satisfy
Army readiness requirements.
Sec. 376. Review of AH 64 aircraft program.
Sec. 377. Report on Air Force spare and repair parts program for C
5 aircraft.
SUBTITLE H--OTHER MATTERS
Sec. 381. Annual report on public sale of certain military
equipment identified on United States Munitions List.
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 383. Reimbursement by civil air carriers for support provided
at Johnston Atoll.
Sec. 384. Travel by Reserves on military aircraft.
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.
Sec. 386. Additions to plan for ensuring visibility over all
in-transit end items and secondary items.
Sec. 387. Reauthorization of pilot program for acceptance and use
of landing fees charged for use of domestic military airfields by civil
aircraft.
Sec. 388. Extension of authority to sell certain aircraft for use
in wildfire suppression.
Sec. 389. Damage to aviation facilities caused by alkali silica
reactivity.
Sec. 390. Demonstration project to increase reserve component
internet access and services in rural communities.
Sec. 391. Additional conditions on implementation of Defense Joint
Accounting System.
Sec. 392. Report on Defense Travel System.
Sec. 393. Review of Department of Defense costs of maintaining
historical properties.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $19,280,381,000.
(2) For the Navy, $23,766,610,000.
(3) For the Marine Corps, $2,826,291,000.
(4) For the Air Force, $22,395,221,000.
(5) For Defense-wide activities, $11,740,569,000.
(6) For the Army Reserve, $1,561,418,000.
(7) For the Naval Reserve, $978,946,000.
(8) For the Marine Corps Reserve, $144,159,000.
(9) For the Air Force Reserve, $1,903,859,000.
(10) For the Army National Guard, $3,233,835,000.
(11) For the Air National Guard, $3,468,375,000.
(12) For the Defense Inspector General, $144,245,000.
(13) For the United States Court of Appeals for the Armed Forces,
$8,574,000.
(14) For Environmental Restoration, Army, $389,932,000.
(15) For Environmental Restoration, Navy, $294,038,000.
(16) For Environmental Restoration, Air Force, $376,300,000.
(17) For Environmental Restoration, Defense-wide, $21,412,000.
(18) For Environmental Restoration, Formerly Used Defense Sites,
$231,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$55,900,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $869,000,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $11,480,123,000.
(23) For Cooperative Threat Reduction programs, $443,400,000.
(24) For Overseas Contingency Operations Transfer Fund,
$4,100,577,000.
(25) For Quality of Life Enhancements, Defense-Wide, $10,500,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $916,276,000.
(2) For the National Defense Sealift Fund, $388,158,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2001
from the Armed Forces Retirement Home Trust Fund the sum of $69,832,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 2001 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and
the same period as, the amounts in the accounts to which transferred;
and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer authority
provided in this section is in addition to the transfer authority
provided in section 1001.
SEC. 305. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.
Of the total amount authorized to be appropriated under section
301(5) for operation and maintenance for Defense-wide activities for the
Joint Staff, $4,000,000 is available only for the improvement of the
performance of analyses by the joint warfighting capabilities assessment
teams of the Joint Requirements Oversight Council.
Subtitle B--Environmental Provisions
SEC. 311. ESTABLISHMENT OF ADDITIONAL ENVIRONMENTAL
RESTORATION ACCOUNT AND USE OF ACCOUNTS FOR OPERATION AND MONITORING OF
ENVIRONMENTAL REMEDIES.
(a) Account for Formerly Used Defense Sites.--Subsection (a) of
section 2703 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) An account to be known as the `Environmental Restoration
Account, Formerly Used Defense Sites'.''.
(b) Operation and Monitoring of Environmental Remedies.--Such section
is further amended by adding at the end the following new subsection:
``(f) Sole Source of Funds for Operation and Monitoring of
Environmental Remedies.--(1) The sole source of funds for all phases of
an environmental remedy at a site under the jurisdiction of the
Department of Defense or a formerly used defense site shall be the
applicable environmental restoration account established under
subsection (a).
``(2) In this subsection, the term `environmental remedy' has the
meaning given the term `remedy' in section 101 of CERCLA (42 U.S.C.
9601).''.
SEC. 312. CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES.
Subsection (b) of section 2703 of title 10, United States Code, is
amended to read as follows:
``(b) Obligation of Authorized Amounts.--(1) Funds authorized for
deposit in an account under subsection (a) may be obligated or expended
from the account only--
``(A) to carry out the environmental restoration functions of the
Secretary of Defense and the Secretaries of the military departments
under this chapter and under any other provision of law; and
``(B) to pay for the costs of permanently relocating a facility
because of a release or threatened release of hazardous substances,
pollutants, or contaminants from--
``(i) real property on which the facility is located and that is
currently under the jurisdiction of the Secretary of Defense or the
Secretary of a military department; or
``(ii) real property on which the facility is located and that was
under the jurisdiction of the Secretary of Defense or the Secretary of a
military department at the time of the actions leading to the release or
threatened release.
``(2) The authority provided by paragraph (1)(B) expires September
30, 2003. The Secretary of Defense or the Secretary of a military
department may not pay the costs of permanently relocating a facility
under such paragraph unless the Secretary--
``(A) determines that permanent relocation--
``(i) is the most cost effective method of responding to the release
or threatened release of hazardous substances, pollutants, or
contaminants from the real property on which the facility is located;
``(ii) has the approval of relevant regulatory agencies; and
``(iii) is supported by the affected community; and
``(B) submits to Congress written notice of the determination before
undertaking the permanent relocation of the facility, including a
description of the response action taken or to be taken in connection
with the permanent relocation and a statement of the costs incurred or
to be incurred in connection with the permanent relocation.
``(3) If relocation costs are to be paid under paragraph (1)(B) with
respect to a facility located on real property described in clause (ii)
of such paragraph, the Secretary of Defense or the Secretary of the
military department concerned may use only fund transfer mechanisms
otherwise available to the Secretary.
``(4) Funds authorized for deposit in an account under subsection (a)
shall remain available until expended. Not more than 5 percent of the
funds deposited in an account under subsection (a) for a fiscal year may
be used to pay relocation costs under paragraph (1)(B).''.
SEC. 313. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL
RESEARCH AND DEVELOPMENT PROGRAM.
(a) Repeal of Requirement for Annual Report From Scientific Advisory
Board.--Section 2904 of title 10, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(b) Inclusion of Actions of Board in Annual Reports of
Council.--Section 2902(d)(3) of such title is amended by adding at the
end the following new subparagraph:
``(D) A summary of the actions of the Strategic Environmental
Research and Development Program Scientific Advisory Board during the
year preceding the year in which the report is submitted and any
recommendations, including recommendations on program direction and
legislation, that the Advisory Board considers appropriate regarding the
program.''.
SEC. 314. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL
COMPLIANCE AT FORT WAINWRIGHT, ALASKA.
The Secretary of Defense, or the Secretary of the Army, may pay, as
part of a settlement of liability, a fine or penalty of not more than
$2,000,000 for matters addressed in the Notice of Violation issued on
March 5, 1999, by the Administrator of the Environmental Protection
Agency to Fort Wainwright, Alaska.
SEC. 315. PAYMENT OF FINES OR PENALTIES IMPOSED FOR
ENVIRONMENTAL COMPLIANCE VIOLATIONS AT OTHER DEPARTMENT OF DEFENSE
FACILITIES.
(a) Army Violations.--Using amounts authorized to be appropriated by
section 301(1) for operation and maintenance for the Army, the Secretary
of the Army may pay the following amounts in connection with
environmental compliance violations at the following locations:
(1) $993,000 for a supplemental environmental project to implement
an installation-wide hazardous substance management system at Walter
Reed Army Medical Center, Washington, District of Columbia, in
satisfaction of a fine imposed by Environmental Protection Agency Region
3 under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(2) $377,250 for a supplemental environmental project to install new
parts washers at Fort Campbell, Kentucky, in satisfaction of a fine
imposed by Environmental Protection Agency Region 4 under the Solid
Waste Disposal Act.
(3) $20,701 for a supplemental environmental project to upgrade the
wastewater treatment plant at Fort Gordon, Georgia, in satisfaction of a
fine imposed by the State of Georgia under the Solid Waste Disposal Act.
(4) $78,500 for supplemental environmental projects to reduce the
generation of hazardous waste at Pueblo Chemical Depot, Colorado, in
satisfaction of a fine imposed by the State of Colorado under the Solid
Waste Disposal Act.
(5) $20,000 for a supplemental environmental project to repair
cracks in floors of igloos used to store munitions hazardous waste at
Deseret Chemical Depot, Utah, in satisfaction of a fine imposed by the
State of Utah under the Solid Waste Disposal Act.
(6) $7,975 for payment to the Texas Natural Resource Conservation
Commission of a cash penalty for permit violations assessed with respect
to Fort Sam Houston, Texas, under the Solid Waste Disposal Act.
(b) Navy Violations.--Using amounts authorized to be appropriated by
section 301(2) for operation and maintenance for the Navy, the Secretary
of the Navy may pay the following amounts in connection with
environmental compliance violations at the following locations:
(1) $108,800 for payment to the West Virginia Division of
Environmental Protection of a cash penalty with respect to Allegany
Ballistics Laboratory, West Virginia, under the Solid Waste Disposal
Act.
(2) $5,000 for payment to Environmental Protection Agency Region 6
of a cash penalty with respect to Naval Air Station, Corpus Christi,
Texas, under the Clean Air Act (42 U.S.C. 7401).
(3) $1,650 for payment to Environmental Protection Agency Region 3
of a cash penalty with respect to Marine Corps Combat Development
Command, Quantico, Virginia, under the Clean Air Act.
SEC. 316. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH
THE FORMER NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.
(a) Authority.--The Secretary of Defense may pay, using funds
described in subsection (b), not more than $98,210 to the Former
Nansemond Ordnance Depot Site Special Account within the Hazardous
Substance Superfund established by section 9507 of the Internal Revenue
Code of 1986 (26 U.S.C. 9507) to reimburse the Environmental Protection
Agency for costs incurred by the agency in overseeing a time critical
removal action under CERCLA being performed by the Department of Defense
under the Defense Environmental Restoration Program for ordnance and
explosive safety hazards at the Former Nansemond Ordnance Depot Site,
Suffolk, Virginia, pursuant to an Interagency Agreement entered into by
the Department of the Army and the Environmental Protection Agency on
January 3, 2000.
(b) Source of Funds.--Any payment under subsection (a) shall be made
using amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Formerly Used Defense Sites,
established by paragraph (5) of section 2703(a) of title 10, United
States Code, as added by section 311(a) of this Act.
(c) Definitions.--In this section:
(1) The term ``CERCLA'' means the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(2) The term ``Defense Environmental Restoration Program'' means the
program of environmental restoration carried out under chapter 160 of
title 10, United States Code.
SEC. 317. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO
PROTECT NATIONAL SECURITY AND ENHANCE MILITARY READINESS.
Nothing in the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or the regulations implementing such law shall require the
Secretary of Defense or the Secretary of
a military department to prepare a programmatic, nation-wide
environmental impact statement for low-level flight training as a
precondition to the use by the Armed Forces of an airspace for the
performance of low-level training flights.
SEC. 318. SHIP DISPOSAL PROJECT.
(a) Continuation of Project; Purpose.--During fiscal year 2001, the
Secretary of the Navy shall continue to carry out the ship disposal
project within the United States to permit the Secretary to assemble
appropriate data on the cost of scrapping naval vessels.
(b) Use of Competitive Procedures.--The Secretary shall use
competitive procedures to award all task orders under the primary
contracts under the ship disposal project.
(c) Report.--Not later than December 31, 2000, the Secretary shall
submit to the congressional defense committees a report on the ship
disposal project. The report shall contain the following:
(1) A description of the competitive procedures used for the
solicitation and award of all task orders under the project.
(2) A description of the task orders awarded under the project.
(3) An assessment of the results of the project as of the date of
the report, including the performance of contractors under the project.
(4) The proposed strategy of the Navy for future procurement of ship
scrapping activities.
SEC. 319. DEFENSE ENVIRONMENTAL SECURITY CORPORATE INFORMATION
MANAGEMENT PROGRAM.
(a) Management and Oversight of Program.--The Chief Information
Officer of the Department of Defense shall ensure that management and
oversight of the Defense Environmental Security Corporate Information
Management Program is consistent with the requirements of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104 106),
section 2223 of title 10, United States Code, Department of Defense
Directives 5000.1, 5000.2 R, and 5137.1, and all other laws, directives,
regulations, and management controls applicable to investment in
information technology and related services.
(b) Program Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the Defense
Environmental Security Corporate Information Management Program.
(c) Mission.--The report shall include a mission statement and
strategic objectives for the Defense Environmental Security Corporate
Information Management Program, including the recommendations of the
Secretary for the future mission and objectives of the Program.
(d) Personnel, Organization, and Oversight.--The report shall
include--
(1) the personnel requirements and organizational structure of the
Defense Environmental Security Corporate Information Management Program
to carry out the mission statement; and
(2) a discussion of--
(A) the means by which the Program will ensure program
accountability, including accountability for all past, current, and
future activities funded under the Program; and
(B) the role of the Chief Information Officer of the Department of
Defense in ensuring program accountability as required by subsection
(a).
(e) Program Activities.--The report shall include a discussion of the
means by which the Defense Environmental Security Corporate Information
Management Program will address or provide--
(1) information access procedures that keep pace with current and
evolving requirements for information access;
(2) data standardization and systems integration;
(3) product failures and cost-effective results;
(4) user confidence and utilization; and
(5) program continuity.
SEC. 320. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.
(a) Report Required.--Not later than February 1, 2001, the Secretary
of the Army shall submit to the congressional defense committees a
report on the Plasma Energy Pyrolysis System.
(b) Report Elements.--The report on the Plasma Energy Pyrolysis
System shall include the following:
(1) An analysis of available information and data on the
fixed-transportable unit demonstration phase of the System and on the
mobile unit demonstration phase of the System.
(2) Recommendations regarding future applications for each phase of
the System described in paragraph (1).
(3) A statement of the projected funding for such future applications.
SEC. 321. SENSE OF CONGRESS REGARDING ENVIRONMENTAL
RESTORATION OF FORMER DEFENSE MANUFACTURING SITE, SANTA CLARITA,
CALIFORNIA.
It is the sense of the Congress that--
(1) there exists a 1,000-acre former defense manufacturing site in
Santa Clarita, California (known as the ``Santa Clarita site''), that
could be environmentally restored to serve a future role in the
community, and every effort should be made to apply all known public and
private sector innovative technologies to restore the Santa Clarita site
to productive use for the benefit of the community; and
(2) the experience gained from environmental restoration at the
Santa Clarita site by private and public sector partnerships has the
potential to benefit not only the community of Santa Clarita, but all
sites in need of environmental restoration.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPERATING
EXPENSES OF COMMISSARY STORES.
(a) In General.--(1) Section 2484 of title 10, United States Code, is
amended to read as follows:
``2484. Commissary stores: use of appropriated funds to cover
operating expenses
``(a) Operation of Agency and System.--Except as otherwise provided
in this title, the operation of the Defense Commissary Agency and the
defense commissary system may be funded using such amounts as are
appropriated for such purpose.
``(b) Operating Expenses of Commissary Stores.--Appropriated funds
may be used to cover the expenses of operating commissary stores and
central product processing facilities of the defense commissary system.
For purposes of this subsection, operating expenses include the
following:
``(1) Salaries and wages of employees of the United States, host
nations, and contractors supporting commissary store operations.
``(2) Utilities.
``(3) Communications.
``(4) Operating supplies and services.
``(5) Second destination transportation costs within or outside the
United States.
``(6) Any cost associated with above-store-level management or other
indirect support of a commissary store or a central product processing
facility, including equipment maintenance and information technology
costs.''.
(2) The table of sections at the beginning of chapter 147 of such
title is amended by striking the item relating to section 2484 and
inserting the following new item:
``2484. Commissary stores: use of appropriated funds to cover
operating expenses.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001.
SEC. 332. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE GOODS
AND SERVICES TO COVER CERTAIN EXPENSES.
(a) Adjustment Required.--Section 2486 of title 10, United States
Code, is amended--
(1) in subsection (c), by striking ``section 2484(b) or'' and
inserting ``subsection (d) or section''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``sections 2484 and'' and
inserting ``section''; and
(B) by adding at the end the following new paragraph:
``(3) The sales price of merchandise and services sold in, at, or by
commissary stores shall be adjusted to cover the following:
``(A) The cost of first destination commercial transportation of the
merchandise in the United States to the place of sale.
``(B) The actual or estimated cost of shrinkage, spoilage, and
pilferage of merchandise under the control of commissary stores.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001.
SEC. 333. USE OF SURCHARGES FOR CONSTRUCTION AND IMPROVEMENT
OF COMMISSARY STORES.
(a) Expansion of Authorized Uses.--Subsection (b) of section 2685 of
title 10, United States Code, is amended to read as follows:
``(b) Use for Construction, Repair, Improvement, and
Maintenance.--(1) The Secretary of Defense may use the proceeds from the
adjustments or surcharges authorized by subsection (a) only--
``(A) to acquire (including acquisition by lease), construct,
convert, expand, improve, repair, maintain, and equip the physical
infrastructure of commissary stores and central product processing
facilities of the defense commissary system; and
``(B) to cover environmental evaluation and construction costs
related to activities described in paragraph (1), including costs for
surveys, administration, overhead, planning, and design.
``(2) In paragraph (1), the term `physical infrastructure' includes
real property, utilities, and equipment (installed and free standing and
including computer equipment), necessary to provide a complete and
usable commissary store or central product processing facility.''.
(b) Authority of Secretary of Defense.--Such section is further
amended--
(1) in subsection (a), by striking ``Secretary of a military
department, under regulations established by him and approved by the
Secretary of Defense,'' and inserting ``Secretary of Defense'';
(2) in subsection (c)--
(A) by striking ``Secretary of a military department, with the
approval of the Secretary of Defense and'' and inserting ``Secretary of
Defense, with the approval of''; and
(B) by striking ``Secretary of the military department determines''
and inserting ``Secretary determines''; and
(3) in subsection (d)(1), by striking ``Secretary of a military
department'' and inserting ``Secretary of Defense''.
(c) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2001.
SEC. 334. INCLUSION OF MAGAZINES AND OTHER PERIODICALS AS AN
AUTHORIZED COMMISSARY MERCHANDISE CATEGORY.
(a) Additional Authorized Category.--Subsection (b) of section 2486
of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new paragraph:
``(11) Magazines and other periodicals.''.
(b) Conforming Amendments.--Subsection (f) of such section is
amended--
(1) by striking ``(1)'' before ``Notwithstanding'';
(2) by striking ``items in the merchandise categories specified in
paragraph (2)'' and inserting ``tobacco products''; and
(3) by striking paragraph (2).
SEC. 335. USE OF MOST ECONOMICAL DISTRIBUTION METHOD FOR
DISTILLED SPIRITS.
Section 2488(c) of title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 336. REPORT ON EFFECTS OF AVAILABILITY OF SLOT MACHINES
ON UNITED STATES MILITARY INSTALLATIONS OVERSEAS.
(a) Report Required.--Not later than March 31, 2001, the Secretary of
Defense shall submit to Congress a report evaluating the effect that the
ready availability of slot machines as a morale, welfare, and recreation
activity on United States military installations outside of the United
States has on members of the Armed Forces, their dependents, and other
persons who use such slot machines, the morale of military communities
overseas, and the personal financial stability of members of the Armed
Forces.
(b) Matters To Be Included.--The Secretary shall include in the
report--
(1) an estimate of the number of persons who used such slot machines
during the preceding two years and, of such persons, the percentage who
were enlisted members (shown both in the aggregate and by pay grade),
officers (shown both in the aggregate and by pay grade), Department of
Defense civilians, other United States persons, and foreign nationals;
(2) to the extent feasible, information with respect to military
personnel referred to in paragraph (1) showing the number (as a
percentage and by pay grade) who have--
(A) sought financial services counseling at least partially due to
the use of such slot machines;
(B) qualified for Government financial assistance at least partially
due to the use of such slot machines; or
(C) had a personal check returned for insufficient funds or received
any other nonpayment notification from a creditor at least partially due
to the use of such slot machines; and
(3) to the extent feasible, information with respect to the average
amount expended by each category of persons referred to in paragraph (1)
in using such slot machines per visit, to be shown by pay grade in the
case of military personnel.
Subtitle D--Department of Defense Industrial Facilities
SEC. 341. DESIGNATION OF CENTERS OF INDUSTRIAL AND TECHNICAL
EXCELLENCE AND PUBLIC-PRIVATE PARTNERSHIPS TO INCREASE UTILIZATION OF
SUCH CENTERS.
(a) Designation Method.--Subsection (a) of section 2474 of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary of Defense'' and inserting ``The
Secretary concerned, or the Secretary of Defense in the case of a
Defense Agency,''; and
(B) by striking ``of the activity'' and inserting ``of the designee'';
(2) in paragraph (2)--
(A) by inserting ``of Defense'' after ``The Secretary''; and
(B) by striking ``depot-level activities'' and inserting ``Centers
of Industrial and Technical Excellence''; and
(3) in paragraph (3)--
(A) by striking ``depot-level operations'' and inserting
``operations at Centers of Industrial and Technical Excellence'';
(B) by striking ``depot-level activities'' and inserting ``the
Centers''; and
(C) by striking ``such activities'' and inserting ``the Centers''.
(b) Public-Private Partnerships.--Subsection (b) of such section is
amended to read as follows:
``(b) Public-Private Partnerships.--(1) To achieve one or more
objectives set forth in paragraph (2), the Secretary designating a
Center of Industrial and Technical Excellence under subsection (a) may
authorize and encourage the head of the Center to enter into
public-private cooperative arrangements (in this section referred to as
a `public-private partnership') to provide for any of the following:
``(A) For employees of the Center, private industry, or other
entities outside the Department of Defense to perform (under contract,
subcontract, or otherwise) work related to the core competencies of the
Center, including any depot-level maintenance and repair work that
involves one or more core competencies of the Center.
``(B) For private industry or other entities outside the Department
of Defense to use, for any period of time determined to be consistent
with the needs of the Department of Defense, any facilities or equipment
of the Center that are not fully utilized for a military department's
own production or maintenance requirements.
``(2) The objectives for exercising the authority provided in
paragraph (1) are as follows:
``(A) To maximize the utilization of the capacity of a Center of
Industrial and Technical Excellence.
``(B) To reduce or eliminate the cost of ownership of a Center by
the Department of Defense in such areas of responsibility as operations
and maintenance and environmental remediation.
``(C) To reduce the cost of products of the Department of Defense
produced or maintained at a Center.
``(D) To leverage private sector investment in--
``(i) such efforts as plant and equipment recapitalization for a
Center; and
``(ii) the promotion of the undertaking of commercial business
ventures at a Center.
``(E) To foster cooperation between the armed forces and private
industry.
``(3) If the Secretary concerned, or the Secretary of Defense in the
case of a Defense Agency, authorizes the use of public-private
partnerships under this subsection, the Secretary shall submit to
Congress a report evaluating the need for loan guarantee authority,
similar to the ARMS Initiative loan guarantee program under section 4555
of this title, to facilitate the establishment of public-private
partnerships and the achievement of the objectives set forth in
paragraph (2).''.
(c) Private Sector Use of Excess Capacity.--Such section is further
amended--
(1) by striking subsection (d);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection
(c):
``(c) Private Sector Use of Excess Capacity.--Any facilities or
equipment of a Center of Industrial and Technical Excellence made
available to private industry may be used to perform maintenance or to
produce goods in order to make more efficient and economical use of
Government-owned industrial plants and encourage the creation and
preservation of jobs to ensure the availability of a workforce with the
necessary manufacturing and maintenance skills to meet the needs of the
armed forces.''.
(d) Crediting of Amounts for Performance.--Subsection (d) of such
section, as redesignated by subsection (c)(2), is amended by adding at
the end the following new sentences: ``Consideration in the form of
rental payments or (notwithstanding section 3302(b) of title 31) in
other forms may be accepted for a use of property accountable under a
contract performed pursuant to this section. Notwithstanding section
2667(d) of this title, revenues generated pursuant to this section shall
be available for facility operations, maintenance, and environmental
restoration at the Center where the leased property is located.''.
(e) Availability of Excess Equipment to Private-Sector
Partners.--Such section is further amended by adding at the end the
following new subsections:
``(e) Availability of Excess Equipment to Private-Sector
Partners.--Equipment or facilities of a Center of Industrial and
Technical Excellence may be made available for use by a private-sector
entity under this section only if--
``(1) the use of the equipment or facilities will not have a
significant adverse effect on the readiness of the armed forces, as
determined by the Secretary concerned or, in the case of a Center in a
Defense Agency, by the Secretary of Defense; and
``(2) the private-sector entity agrees--
``(A) to reimburse the Department of Defense for the direct and
indirect costs (including any rental costs) that are attributable to the
entity's use of the equipment or facilities, as determined by that
Secretary; and
``(B) to hold harmless and indemnify the United States from--
``(i) any claim for damages or injury to any person or property
arising out of the use of the equipment or facilities, except in a case
of willful conduct or gross negligence; and
``(ii) any liability or claim for damages or injury to any person or
property arising out of a decision by the Secretary concerned or the
Secretary of Defense to suspend or terminate that use of equipment or
facilities during a war or national emergency.
``(f) Construction of Provision.--Nothing in this section may be
construed to authorize a change, otherwise prohibited by law, from the
performance of work at a Center of Industrial and Technical Excellence
by Department of Defense personnel to performance by a contractor.''.
(f) Use of Working Capital-Funded Facilities.--Section 2208(j)(1) of
title 10, United States Code, is amended--
(1) by striking ``contract; and'' at the end of subparagraph (A) and
all that follows through ``(B) the solicitation'' and inserting
``contract, and the solicitation'';
(2) by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(B) the Secretary would advance the objectives set forth in
section 2474(b)(2) of this title by authorizing the facility to do
so.''.
(g) Repeal of General Authority To Lease Excess Depot-Level Equipment
and Facilities to Outside Tenants.--(1) Section 2471 of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 146 of such
title is amended by striking the item relating to section 2471.
SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS OF
UNITED STATES ARSENALS.
(a) Treatment of Unutilized and Underutilized Plant-Capacity
Costs.--Chapter 433 of title 10, United States Code, is amended by
inserting after section 4540 the following new section:
``4541. Army arsenals: treatment of unutilized or
underutilized plant-capacity costs
``(a) Estimate of Costs.--The Secretary of the Army shall include in
the budget justification documents submitted to Congress in support of
the President's budget for a fiscal year submitted under section 1105 of
title 31 an estimate of the funds to be required in that fiscal year to
cover unutilized and underutilized plant-capacity costs at Army
arsenals.
``(b) Use of Funds.--Funds appropriated to the Secretary of the Army
for a fiscal year to cover unutilized and underutilized plant-capacity
costs at Army arsenals shall be used in such fiscal year only for such
costs.
``(c) Treatment of Costs.--(1) The Secretary of the Army shall not
include unutilized and underutilized plant-capacity costs when
evaluating the bid of an Army arsenal for purposes of the arsenal's
contracting to provide a good or service to a Government agency.
``(2) When an Army arsenal is serving as a subcontractor to a
private-sector entity with respect to a good or service to be provided
to a Government agency, the cost charged by the arsenal shall not
include unutilized and underutilized plant-capacity costs that are
funded by a direct appropriation.
``(d) Definitions.--In this section:
``(1) The term `Army arsenal' means a Government-owned,
Government-operated defense plant of the Department of the Army that
manufactures weapons, weapon components, or both.
``(2) The term `unutilized and underutilized plant-capacity costs'
means the costs associated with operating and maintaining the facilities
and equipment of an Army arsenal that the Secretary of the Army
determines are required to be kept for mobilization needs, in those
months in which the facilities and equipment are not used or are used
only 20 percent or less of available work days.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
4540 the following new item:
``4541. Army arsenals: treatment of unutilized or underutilized
plant-capacity costs.''.
SEC. 343. ARSENAL SUPPORT PROGRAM INITIATIVE.
(a) Demonstration Program Required.--To help maintain the viability
of the Army manufacturing arsenals and the unique capabilities of these
arsenals to support the national security interests of the United
States, the Secretary of the Army shall carry out a demonstration
program under this section during fiscal years 2001 and 2002 at each
manufacturing arsenal of the Department of the Army.
(b) Purposes of Demonstration Program.--The purposes of the
demonstration program are as follows:
(1) To provide for the utilization of the existing skilled workforce
at the Army manufacturing arsenals by commercial firms.
(2) To provide for the reemployment and retraining of skilled
workers who, as a result of declining workload and reduced Army spending
on arsenal production requirements at these Army arsenals, are idled or
underemployed.
(3) To encourage commercial firms, to the maximum extent
practicable, to use these Army arsenals for commercial purposes.
(4) To increase the opportunities for small businesses (including
socially and economically disadvantaged small business concerns and new
small businesses) to use these Army arsenals for those purposes.
(5) To maintain in the United States a work force having the skills
in manufacturing processes that are necessary to meet industrial
emergency planned requirements for national security purposes.
(6) To demonstrate innovative business practices, to support
Department of Defense acquisition reform, and to serve as both a model
and a laboratory for future defense conversion initiatives of the
Department of Defense.
(7) To the maximum extent practicable, to allow the operation of
these Army arsenals to be rapidly responsive to the forces of free
market competition.
(8) To reduce or eliminate the cost of Government ownership of these
Army arsenals, including the costs of operations and maintenance, the
costs of environmental remediation, and other costs.
(9) To reduce the cost of products of the Department of Defense
produced at these Army arsenals.
(10) To leverage private investment at these Army arsenals through
long-term facility use contracts, property management contracts, leases,
or other agreements that support and advance the demonstration program
for the following activities:
(A) Recapitalization of plant and equipment.
(B) Environmental remediation.
(C) Promotion of commercial business ventures.
(D) Other activities approved by the Secretary of the Army.
(11) To foster cooperation between the Department of the Army,
property managers, commercial interests, and State and local agencies in
the implementation of sustainable development strategies and investment
in these Army arsenals.
(c) Contract Authority.--(1) In the case of each Army manufacturing
arsenal, the Secretary of the Army may enter into contracts with
commercial firms to authorize the contractors, consistent with section
4543 of title 10, United States Code--
(A) to use the arsenal, or a portion of the arsenal, and the skilled
workforce at the arsenal to manufacture weapons, weapon components, or
related products consistent with the purposes of the program; and
(B) to enter into subcontracts for the commercial use of the arsenal
consistent with such purposes.
(2) A contract under paragraph (1) shall require the contractor to
contribute toward the operation and maintenance of the Army
manufacturing arsenal covered by the contract.
(3) In the event an Army manufacturing arsenal is converted to
contractor operation, the Secretary may enter into a contract with the
contractor to authorize the contractor, consistent with section 4543 of
title 10, United States Code--
(A) to use the facility during the period of the program in a manner
consistent with the purposes of the program; and
(B) to enter into subcontracts for the commercial use of the
facility consistent with such purposes.
(d) Loan Guarantees.--(1) Subject to paragraph (2), the Secretary of
the Army may guarantee the repayment of any loan made to a commercial
firm to fund, in whole or in part, the establishment of a commercial
activity at an Army manufacturing arsenal under this section.
(2) Loan guarantees under this subsection may not be committed except
to the extent that appropriations of budget authority to cover their
costs are made in advance, as required by section 504 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661c).
(3) The Secretary of the Army may enter into agreements with the
Administrator of the Small Business Administration or the Administrator
of the Farmers Home Administration, the Administrator of the Rural
Development Administration, or the head of other appropriate agencies of
the Department of Agriculture, under which such Administrators may,
under this subsection--
(A) process applications for loan guarantees;
(B) guarantee repayment of loans; and
(C) provide any other services to the Secretary of the Army to
administer this subsection.
(4) An Administrator referred to in paragraph (3) may guarantee loans
under this section to commercial firms of any size, notwithstanding any
limitations on the size of applicants imposed on other loan guarantee
programs that the Administrator administers. To the extent practicable,
each Administrator shall use the same procedures for processing loan
guarantee applications under this subsection as the Administrator uses
for processing loan guarantee applications under other loan guarantee
programs that the Administrator administers.
(e) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under subsection (d) may not exceed--
(1) $20,000,000, with respect to any single borrower; and
(2) $320,000,000 with respect to all borrowers.
(f) Transfer of Funds.--The Secretary of the Army may transfer to an
Administrator providing services under subsection (d), and the
Administrator may accept, such funds as may be necessary to administer
loan guarantees under such subsection.
(g) Reporting Requirements.--(1) Not later than July 1 of each year
in which a guarantee issued under subsection (d) is in effect, the
Secretary of the Army shall submit to Congress a report specifying the
amounts of loans guaranteed under such subsection during the preceding
calendar year. No report is required after fiscal year 2002.
(2) Not later than July 1, 2001, the Secretary of the Army shall
submit to the congressional defense committees a report on the
implementation of the demonstration program. The report shall contain a
comprehensive review of contracting at the Army manufacturing arsenals
covered by the program and such recommendations as the Secretary
considers appropriate regarding changes to the program.
SEC. 344. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING
AND MANUFACTURING SUPPORT PROGRAMS.
(a) In General.--(1) Part IV of subtitle B of title 10, United States
Code, is amended by inserting after chapter 433 the following new
chapter:
``CHAPTER 434--ARMAMENTS INDUSTRIAL BASE
``Sec.
``4551. Definitions.
``4552. Policy.
``4553. Armament Retooling and Manufacturing Support Initiative.
``4554. Property management contracts and leases.
``4555. ARMS Initiative loan guarantee program.
``4551. Definitions
``In this chapter:
``(1) The term `ARMS Initiative' means the Armament Retooling and
Manufacturing Support Initiative authorized by this chapter.
``(2) The term `eligible facility' means a Government-owned,
contractor-operated ammunition manufacturing facility of the Department
of the Army that is in an active, inactive, layaway, or caretaker
status.
``(3) The term `property manager' includes any person or entity
managing an eligible facility made available under the ARMS Initiative
through a property management contract.
``(4) The term `property management contract' includes facility use
contracts, site management contracts, leases, and other agreements
entered into under the authority of this chapter.
``(5) The term `Secretary' means the Secretary of the Army.
``4552. Policy
``It is the policy of the United States--
``(1) to encourage, to the maximum extent practicable, commercial
firms to use Government-owned, contractor-operated ammunition
manufacturing facilities of the Department of the Army;
``(2) to use such facilities for supporting programs, projects,
policies, and initiatives that promote competition in the private sector
of the United States economy and that advance United States interests in
the global marketplace;
``(3) to increase the manufacture of products inside the United
States;
``(4) to support policies and programs that provide manufacturers
with incentives to assist the United States in making more efficient and
economical use of eligible facilities for commercial purposes;
``(5) to provide, as appropriate, small businesses (including
socially and economically disadvantaged small business concerns and new
small businesses) with incentives that encourage those businesses to
undertake manufacturing and other industrial processing activities that
contribute to the prosperity of the United States;
``(6) to encourage the creation of jobs through increased investment
in the private sector of the United States economy;
``(7) to foster a more efficient, cost-effective, and adaptable
armaments industry in the United States;
``(8) to achieve, with respect to armaments manufacturing capacity,
an optimum level of readiness of the national technology and industrial
base within the United States that is consistent with the projected
threats to the national security of the United States and the projected
emergency requirements of the armed forces; and
``(9) to encourage facility use contracting where feasible.
``4553. Armament Retooling and Manufacturing Support Initiative
``(a) Authority for Initiative.--The Secretary may carry out a
program to be known as the `Armament Retooling and Manufacturing Support
Initiative'.
``(b) Purposes.--The purposes of the ARMS Initiative are as follows:
``(1) To encourage commercial firms, to the maximum extent
practicable, to use eligible facilities for commercial purposes.
``(2) To increase the opportunities for small businesses (including
socially and economically disadvantaged small business concerns and new
small businesses) to use eligible facilities for those purposes.
``(3) To maintain in the United States a work force having the
skills in manufacturing processes that are necessary to meet industrial
emergency planned requirements for national security purposes.
``(4) To demonstrate innovative business practices, to support
Department of Defense acquisition reform, and to serve as both a model
and a laboratory for future defense conversion initiatives of the
Department of Defense.
``(5) To the maximum extent practicable, to allow the operation of
eligible facilities to be rapidly responsive to the forces of free
market competition.
``(6) To reduce or eliminate the cost of Government ownership of
eligible facilities, including the costs of operations and maintenance,
the costs of environmental remediation, and other costs.
``(7) To reduce the cost of products of the Department of Defense
produced at eligible facilities.
``(8) To leverage private investment at eligible facilities through
long-term facility use contracts, property management contracts, leases,
or other agreements that support and advance the policies and purposes
of this chapter, for the following activities:
``(A) Recapitalization of plant and equipment.
``(B) Environmental remediation.
``(C) Promotion of commercial business ventures.
``(D) Other activities approved by the Secretary.
``(9) To foster cooperation between the Department of the Army,
property managers, commercial interests, and State and local agencies in
the implementation of sustainable development strategies and investment
in eligible facilities made available for purposes of the ARMS
Initiative.
``(10) To reduce or eliminate the cost of asset disposal that would
be incurred if property at an eligible facility was declared excess to
the needs of the Department of the Army.
``(c) Availability of Facilities.--The Secretary may make any
eligible facility available for the purposes of the ARMS Initiative.
``(d) Consideration for Leases.--Section 321 of the Act of June 30,
1932 (40 U.S.C. 303b), shall not apply to uses of property or facilities
in accordance with the ARMS Initiative.
``(e) Program Support.--(1) Funds appropriated for purposes of the
ARMS Initiative may be used for administrative support and management.
``(2) A full annual accounting of such expenses for each fiscal year
shall be provided to the Committee on Armed Services and the Committee
on Appropriations of the Senate and the Committee on Armed Services and
the Committee on Appropriations of the House of Representatives not
later than March 30 of the following fiscal year.
``4554. Property management contracts and leases
``(a) In General.--In the case of each eligible facility that is made
available for the ARMS Initiative, the Secretary--
``(1) shall make full use of facility use contracts, leases, and
other such commercial contractual instruments as may be appropriate;
``(2) shall evaluate, on the basis of efficiency, cost, emergency
mobilization requirements, and the goals and purposes of the ARMS
Initiative, the procurement of services from the property manager,
including maintenance, operation, modification, infrastructure,
environmental restoration and remediation, and disposal of ammunition
manufacturing assets, and other services; and
``(3) may, in carrying out paragraphs (1) and (2)--
``(A) enter into contracts, and provide for subcontracts, for terms
up to 25 years, as the Secretary considers appropriate and consistent
with the needs of the Department of the Army and the goals and purposes
of the ARMS Initiative; and
``(B) use procedures that are authorized to be used under section
2304(c)(5) of this title when the contractor or subcontractor is a
source specified in law.
``(b) Consideration for Use.--(1) To the extent provided in a
contract entered into under this section for the use of property at an
eligible facility that is accountable under the contract, the Secretary
may accept consideration for such use that is, in whole or in part, in a
form other than--
``(A) rental payments; or
``(B) revenue generated at the facility.
``(2) Forms of consideration acceptable under paragraph (1) for a use
of an eligible facility or any property at an eligible facility include
the following:
``(A) The improvement, maintenance, protection, repair, and
restoration of the facility, the property, or any property within the
boundaries of the installation where the facility is located.
``(B) Reductions in overhead costs.
``(C) Reductions in product cost.
``(3) The authority under paragraph (1) may be exercised without
regard to section 3302(b) of title 31 and any other provision of law.
``4555. ARMS Initiative loan guarantee program
``(a) Program Authorized.--Subject to subsection (b), the Secretary
may carry out a loan guarantee program to encourage commercial firms to
use eligible facilities under this chapter. Under any such program, the
Secretary may guarantee the repayment of any loan made to a commercial
firm to fund, in whole or in part, the establishment of a commercial
activity to use an eligible facility under this chapter.
``(b) Advanced Budget Authority.--Loan guarantees under this section
may not be committed except to the extent that appropriations of budget
authority to cover their costs are made in advance, as required by
section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
``(c) Program Administration.--(1) The Secretary may enter into an
agreement with any of the officials named in paragraph (2) under which
that official may, for the purposes of this section--
``(A) process applications for loan guarantees;
``(B) guarantee repayment of loans; and
``(C) provide any other services to the Secretary to administer the
loan guarantee program.
``(2) The officials referred to in paragraph (1) are as follows:
``(A) The Administrator of the Small Business Administration.
``(B) The head of any appropriate agency in the Department of
Agriculture, including--
``(i) the Administrator of the Farmers Home Administration; and
``(ii) the Administrator of the Rural Development Administration.
``(3) Each official authorized to do so under an agreement entered
into under paragraph (1) may guarantee loans under this section to
commercial firms of any size, notwithstanding any limitations on the
size of applicants imposed on other loan guarantee programs that the
official administers.
``(4) To the extent practicable, each official processing loan
guarantee applications under this section pursuant to an agreement
entered into under paragraph (1) shall use the same processing
procedures as the official uses for processing loan guarantee
applications under other loan guarantee programs that the official
administers.
``(d) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under this section may not exceed--
``(1) $20,000,000, with respect to any single borrower; and
``(2) $320,000,000 with respect to all borrowers.
``(e) Transfer of Funds.--The Secretary may transfer to an official
providing services under subsection (c), and that official may accept,
such funds as may be necessary to administer the loan guarantee program
under this section.''.
(2) The tables of chapters at the beginning of subtitle B of such
title and at the beginning of part IV of such subtitle are amended by
inserting after the item relating to chapter 433 the following new item:
``434. Armaments Industrial Base
4551''.
(b) Implementation Report.--Not later than July 1, 2001, the
Secretary of Defense shall submit to the congressional defense
committees a report on the procedures and controls implemented to carry
out section 4554 of title 10, United States Code, as added by subsection
(a).
(c) Relationship to National Defense Technology and Industrial
Base.--(1) Subchapter IV of chapter 148 of title 10, United States Code,
is amended--
(A) by redesignating section 2525 as section 2521; and
(B) by adding at the end the following new section:
``2522. Armament retooling and manufacturing
``The Secretary of the Army is authorized by chapter 434 of this
title to carry out programs for the support of armaments retooling and
manufacturing in the national defense industrial and technology base.''.
(2) The table of sections at the beginning of such subchapter is
amended by striking the item relating to section 2525 and inserting the
following new items:
``2521. Manufacturing Technology Program.
``2522. Armament retooling and manufacturing.''.
(d) Repeal of Superseded Law.--The Armament Retooling and
Manufacturing Support Act of 1992 (subtitle H of title I of Public Law
102 484; 10 U.S.C. 2501 note) is repealed.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. INCLUSION OF ADDITIONAL INFORMATION IN REPORTS TO
CONGRESS REQUIRED BEFORE CONVERSION OF COMMERCIAL OR INDUSTRIAL TYPE
FUNCTIONS TO CONTRACTOR PERFORMANCE.
(a) Information Required Before Commencement of Conversion
Analysis.--Subsection (b)(1)(D) of section 2461 of title 10, United
States Code, is amended by inserting before the period the following:
``, and a specific identification of the budgetary line item from which
funds will be used to cover the cost of the analysis''.
(b) Information Required in Notification of Decision.--Subsection
(c)(1) of such section is amended--
(1) by redesignating subparagraphs (A), (B), (C), (D), and (E) as
subparagraphs (B), (C), (F), (H), and (I), respectively;
(2) by inserting before subparagraph (B), as so redesignated, the
following new subparagraph:
``(A) The date when the analysis of that commercial or industrial
type function for possible change to performance by the private sector
was commenced.'';
(3) by inserting after subparagraph (C), as so redesignated, the
following new subparagraphs:
``(D) The number of Department of Defense civilian employees who
were performing the function when the analysis was commenced, the number
of such employees whose employment was terminated or otherwise affected
in implementing the most efficient organization of the function, and the
number of such employees whose employment would be terminated or
otherwise affected by changing to performance of the function by the
private sector.
``(E) The Secretary's certification that the factors considered in
the examinations performed under subsection (b)(3), and in the making of
the decision to change performance, did not include any predetermined
personnel constraint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of employees.''; and
(4) by inserting after subparagraph (F), as so redesignated, the
following new subparagraph:
``(G) A statement of the potential economic effect of the change on
each affected local community, as determined in the examination under
subsection (b)(3)(B)(ii).''.
SEC. 352. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS
OF INDUSTRIAL AND TECHNICAL EXCELLENCE AND ARMY AMMUNITION PLANTS.
Section 2461(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph:
``(2) If the commercial or industrial type function to be changed to
performance by the private sector is performed at a Center of Industrial
and Technical Excellence designated under section 2474(a) of this title
or an Army ammunition plant--
``(A) the report required by this subsection shall also include a
description of the effect that the performance and administration of the
resulting contract will have on the overhead costs of the center or
ammunition plant, as the case may be; and
``(B) notwithstanding paragraph (3), the change of the function to
contractor performance may not begin until at least 60 days after the
submission of the report.''.
SEC. 353. CONSOLIDATION, RESTRUCTURING, OR REENGINEERING OF
DEPARTMENT OF DEFENSE ORGANIZATIONS, FUNCTIONS, OR ACTIVITIES.
(a) In General.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following new section:
``2475. Consolidation, restructuring, or reengineering of
organizations, functions, or activities: notification requirements
``(a) Requirement To Submit Plan Annually. --Concurrently with the
submission of the President's annual budget request under section 1105
of title 31, the Secretary of Defense shall submit to Congress each
Strategic Sourcing Plan of Action for the Department of Defense (as
identified in the Department of Defense Interim Guidance dated February
29, 2000, or any successor Department of Defense guidance or directive),
for the following year.
``(b) Notification of Decision To Execute Plan.--If a decision is
made to consolidate, restructure, or reengineer an organization,
function, or activity of the Department of Defense pursuant to a
Strategic Sourcing Plan of Action described in subsection (a), and such
consolidation, restructuring, or reengineering would result in a
manpower reduction affecting 50 or more personnel of the Department of
Defense (including military and civilian personnel)--
``(1) the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
describing that decision, including--
``(A) a projection of the savings that will be realized as a result
of the consolidation, restructuring, or reengineering, compared with the
cost incurred by the Department of Defense to perform the function or to
operate the organization or activity prior to such proposed
consolidation, restructuring, or reengineering;
``(B) a description of all missions, duties, or military
requirements that will be affected as a result of the decision to
consolidate, restructure, or reengineer the organization, function, or
activity that was analyzed;
``(C) the Secretary's certification that the consolidation,
restructuring, or reengineering will not result in any diminution of
military readiness;
``(D) a schedule for performing the consolidation, restructuring, or
reengineering; and
``(E) the Secretary's certification that the entire analysis for the
consolidation, restructuring, or reengineering is available for
examination; and
``(2) the head of the Defense Agency or the Secretary of the
military department concerned may not implement the plan until 30 days
after the date that the agency head or Secretary submits notification to
the Committees on Armed Services of the Senate and House of
Representatives of the intent to carry out such plan.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2475. Consolidation, restructuring, or reengineering of
organizations, functions, or activities: notification requirements.''.
SEC. 354. MONITORING OF SAVINGS RESULTING FROM WORKFORCE
REDUCTIONS AS PART OF CONVERSION OF FUNCTIONS TO PERFORMANCE BY PRIVATE
SECTOR OR OTHER STRATEGIC SOURCING INITIATIVES.
(a) Requirement for a Monitoring System.--Chapter 146 of title 10,
United States Code, is amended by inserting after section 2461 the
following new section:
``2461a. Development of system for monitoring cost savings
resulting from workforce reductions
``(a) Workforce Review Defined.--In this section, the term `workforce
review', with respect to a function of the Department of Defense
performed by Department of Defense civilian employees, means a review
conducted under Office of Management and Budget Circular A 76 (or any
successor administrative regulation or policy), the Strategic Sourcing
Program Plan of Action (or any successor Department of Defense guidance
or directive), or any other authority to determine whether the
function--
``(1) should be performed by a workforce composed of Department of
Defense civilian employees or by a private sector workforce; or
``(2) should be reorganized or otherwise reengineered to improve the
effeciency or effectiveness of the performance of the function, with a
resulting decrease in the number of Department of Defense civilian
employees performing the function.
``(b) System for Monitoring Performance.--(1) The Secretary of
Defense shall establish a system for monitoring the performance,
including the cost of performance, of each function of the Department of
Defense that, after the date of the enactment of this section, is the
subject of a workforce review.
``(2) The monitoring system shall be designed to compare the
following:
``(A) The costs to perform a function before the workforce review to
the costs actually incurred to perform the function after implementing
the conversion, reorganization, or reengineering actions recommended by
the workforce review.
``(B) The anticipated savings to the actual savings, if any,
resulting from conversion, reorganization, or reengineering actions
undertaken in response to the workforce review.
``(3) The monitoring of a function shall continue under this section
for at least five years after the conversion, reorganization, or
reengineering of the function.
``(c) Waiver for Certain Workforce Reviews.--Subsection (b) shall not
apply to a workforce review that would result in a manpower reduction
affecting fewer than 50 Department of Defense civilian employees.
``(d) Annual Report.--Not later than February 1 of each fiscal year,
the Secretary of Defense shall submit to Congress a report on the
results of the monitoring performed under the system established under
subsection (b). For each function subject to monitoring during the
previous fiscal year, the report shall indicate the following:
``(1) The cost of the workforce review.
``(2) The cost of performing the function before the workforce
review compared to the costs incurred after implementing the conversion,
reorganization, or reengineering actions recommended by the workforce
review.
``(3) The actual savings derived from the implementation of the
recommendations of the workforce review, if any, compared to the
anticipated savings that were to result from the conversion,
reorganization, or reengineering actions.
``(e) Consideration in Preparation of Future-Years Defense
Program.--In preparing the future-years defense program under section
221 of this title, the Secretary of Defense shall, for the fiscal years
covered by the program, estimate and take into account the costs to be
incurred and the savings to be derived from the performance of functions
by workforces selected in workforce reviews. The Secretary shall
consider the results of the monitoring under this section in making the
estimates.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2461 the following new item:
``2461a. Development of system for monitoring cost savings
resulting from workforce reductions.''.
SEC. 355. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT
CHEMICAL WEAPONS STORAGE INSTALLATIONS.
(a) Restriction on Conversion.--The Secretary of the Army may not
convert to contractor performance the emergency response functions of
any chemical weapons storage installation that, as of the date of the
enactment of this Act, are performed for that installation by employees
of the United States until the certification required by subsection (c)
has been submitted in accordance with that subsection.
(b) Covered Installations.--For the purposes of this section, a
chemical weapons storage installation is any installation of the
Department of Defense on which lethal chemical agents or munitions are
stored.
(c) Certification Requirement.--The Secretary of the Army shall
certify in writing to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives that, to
ensure that there will be no lapse of capability to perform the chemical
weapon emergency response mission at a chemical weapons storage
installation during any transition to contractor performance of those
functions at the installation, the plan for conversion of the
performance of those functions--
(1) is consistent with the recommendation contained in General
Accounting Office Report NSIAD 00 88, entitled ``DoD Competitive
Sourcing'', dated March 2000;
(2) provides for a transition to contractor performance of emergency
response functions which ensures an adequate transfer of the relevant
knowledge and expertise regarding chemical weapon emergency response to
the contractor personnel; and
(3) complies with section 2465 of title 10, United States Code.
SEC. 356. SUSPENSION OF REORGANIZATION OR RELOCATION OF NAVAL
AUDIT SERVICE.
(a) Suspension.--During the period specified in subsection (b), the
Secretary of the Navy may not commence or continue any consolidation,
involuntary transfer, buy-out, or other reduction in force of the
workforce of auditors and administrative support personnel of the Naval
Audit Service if the consolidation, involuntary transfer, buy-out, or
other reduction in force is associated with the reorganization or
relocation of the performance of the auditing functions of the Naval
Audit Service.
(b) Duration.--Subsection (a) applies during the period beginning on
the date of the enactment of this Act and ending 180 days after the date
on which the Secretary submits to the congressional defense committees a
report that sets forth in detail the Navy's plans and justification for
the reorganization or relocation of the performance of the auditing
functions of the Naval Audit Service, as the case may be.
Subtitle F--Defense Dependents Education
SEC. 361. ELIGIBILITY OF DEPENDENTS OF AMERICAN RED CROSS
EMPLOYEES FOR ENROLLMENT IN DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
SCHOOLS IN PUERTO RICO.
Section 2164 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(i) American Red Cross Employee Dependents in Puerto Rico.--(1) The
Secretary may authorize the dependent of an American Red Cross employee
described in paragraph (2) to enroll in an education program provided by
the Secretary pursuant to subsection (a) in Puerto Rico if the American
Red Cross agrees to reimburse the Secretary for the educational services
so provided.
``(2) An employee referred to in paragraph (1) is an American Red
Cross employee who--
``(A) resides in Puerto Rico; and
``(B) performs, on a full-time basis, emergency services on behalf
of members of the armed forces.
``(3) In determining the dependency status of any person for the
purposes of paragraph (1), the Secretary shall apply the same
definitions as apply to the determination of such status with respect to
Federal employees in the administration of this section.
``(4) Subsection (g) shall apply with respect to determining the
reimbursement rates for educational services provided pursuant to this
subsection. Amounts received as reimbursement for such educational
services shall be treated in the same manner as amounts received under
subsection (g).''.
SEC. 362. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
2001.--Of the amount authorized to be appropriated by section 301(5) for
operation and maintenance for Defense-wide activities, $35,000,000 shall
be available only for the purpose of providing educational agencies
assistance (as defined in subsection (d)(1)) to local educational
agencies.
(b) Notification.--Not later than June 30, 2001, the Secretary of
Defense shall notify each local educational agency that is eligible for
educational agencies assistance for fiscal year 2001 of--
(1) that agency's eligibility for educational agencies assistance; and
(2) the amount of the educational agencies assistance for which that
agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under subsection (a) not later than 30 days after
the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means assistance
authorized under section 386(b) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102 484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
SEC. 363. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
(a) Payments.--Subject to subsection (f), the Secretary of Defense
shall make a payment for fiscal years after fiscal year 2001, to each
local educational agency eligible to receive a payment for a child
described in subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section
8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(a)(1)) that serves two or more such children with severe
disabilities, for costs incurred in providing a free appropriate public
education to each such child.
(b) Payment Amount.--The amount of the payment under subsection (a)
to a local educational agency for a fiscal year for each child referred
to in such subsection with a severe disability shall be--
(1) the payment made on behalf of the child with a severe disability
that is in excess of the average per pupil expenditure in the State in
which the local educational agency is located; less
(2) the sum of the funds received by the local educational agency--
(A) from the State in which the child resides to defray the
educational and related services for such child;
(B) under the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) to defray the educational and related services for such
child; and
(C) from any other source to defray the costs of providing
educational and related services to the child which are received due to
the presence of a severe disabling condition of such child.
(c) Exclusions.--No payment shall be made under subsection (a) on
behalf of a child with a severe disability whose individual cost of
educational and related services does not exceed--
(1) five times the national or State average per pupil expenditure
(whichever is lower), for a child who is provided educational and
related services under a program that is located outside the boundaries
of the school district of the local educational agency that pays for the
free appropriate public education of the student; or
(2) three times the State average per pupil expenditure, for a child
who is provided educational and related services under a program offered
by the local educational agency, or within the boundaries of the school
district served by the local educational agency.
(d) Ratable reduction.--If the amount available for a fiscal year for
payments under subsection (a) is insufficient to pay the full amount all
local educational agencies are eligible to receive under such
subsection, the Secretary of Defense shall ratably reduce the amounts of
the payments made under such subsection to all local educational
agencies by an equal percentage.
(e) Report.--Each local educational agency desiring a payment under
subsection (a) shall report to the Secretary of Defense--
(1) the number of severely disabled children for which a payment may
be made under this section; and
(2) a breakdown of the average cost, by placement (inside or outside
the boundaries of the school district of the local educational agency),
of providing education and related services to such children.
(f) Payments Subject to Appropriation.--Payments shall be made for
any period in a fiscal year under this section only to the extent that
funds are appropriated specifically for making such payments for that
fiscal year.
(g) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 364. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION
OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Repair and Renovation Assistance.--(1) During fiscal year 2001,
the Secretary of Defense may make a grant to an eligible local
educational agency to assist the agency to repair and renovate--
(A) an impacted school facility that is used by significant numbers
of military dependent students; or
(B) a school facility that was a former Department of Defense
domestic dependent elementary or secondary school.
(2) Authorized repair and renovation projects may include repairs and
improvements to an impacted school facility (including the grounds of
the facility) designed to ensure compliance with the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or
local health and safety ordinances, to meet classroom size requirements,
or to accommodate school population increases.
(3) The total amount of assistance provided under this subsection to
an eligible local educational agency may not exceed $2,500,000 during
fiscal year 2001.
(b) Maintenance Assistance.--(1) During fiscal year 2001, the
Secretary of Defense may make a grant to an eligible local educational
agency whose boundaries are the same as a military installation to
assist the agency to maintain an impacted school facility, including the
grounds of such a facility.
(2) The total amount of assistance provided under this subsection to
an eligible local educational agency may not exceed $250,000 during
fiscal year 2001.
(c) Determination of Eligible Local Educational Agencies.--(1) A
local educational agency is an eligible local educational agency under
this section only if the Secretary of Defense determines that the local
educational agency has--
(A) one or more federally impacted school facilities; and
(B) satisfies at least one of the following eligibility requirements:
(i) The local educational agency is eligible to receive assistance
under subsection (f) of section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703) and at least 10 percent of the
students who were in average daily attendance in the schools of such
agency during the preceding school year were students described under
paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary and
Secondary Education Act of 1965.
(ii) At least 35 percent of the students who were in average daily
attendance in the schools of the local educational agency during the
preceding school year were students described under paragraph (1)(A) or
(1)(B) of section 8003(a) of the Elementary and Secondary
Education Act of 1965.
(iii) The State education system and the local educational agency
are one and the same.
(2) A local educational agency is also an eligible local educational
agency under this section if the local educational agency has a school
facility that was a former Department of Defense domestic dependent
elementary or secondary school, but assistance provided under subsection
(a) may only be used to repair and renovate that specific facility.
(d) Notification of Eligibility.--Not later than April 30, 2001, the
Secretary of Defense shall notify each local educational agency
identified under subsection (c) that the local educational agency is
eligible to apply for a grant under subsection (a), subsection (b), or
both subsections.
(e) Relation to Impact Aid Construction Assistance.--A local
education agency that receives a grant under subsection (a) to repair
and renovate a school facility may not also receive a payment for school
construction under section 8007 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7707) for fiscal year 2001.
(f) Grant Considerations.--In determining which eligible local
educational agencies will receive a grant under this section, the
Secretary of Defense shall take into consideration the following
conditions and needs at impacted school facilities of eligible local
educational agencies:
(1) The repair or renovation of facilities is needed to meet State
mandated class size requirements, including student-teacher ratios and
instructional space size requirements.
(2) There is an increase in the number of military dependent
students in facilities of the agency due to increases in unit strength
as part of military readiness.
(3) There are unhoused students on a military installation due to
other strength adjustments at military installations.
(4) The repair or renovation of facilities is needed to address any
of the following conditions:
(A) The condition of the facility poses a threat to the safety and
well-being of students.
(B) The requirements of the Americans with Disabilities Act of 1990.
(C) The cost associated with asbestos removal, energy conservation,
or technology upgrades.
(D) Overcrowding conditions as evidenced by the use of trailers and
portable buildings and the potential for future overcrowding because of
increased enrollment.
(5) The repair or renovation of facilities is needed to meet any
other Federal or State mandate.
(6) The number of military dependent students as a percentage of the
total student population in the particular school facility.
(7) The age of facility to be repaired or renovated.
(g) Definitions.--In this section:
(1) Local educational agency.--The term ``local educational agency''
has the meaning given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(2) Impacted school facility.--The term ``impacted school facility''
means a facility of a local educational agency--
(A) that is used to provide elementary or secondary education at or
near a military installation; and
(B) at which the average annual enrollment of military dependent
students is a high percentage of the total student enrollment at the
facility, as determined by the Secretary of Defense.
(3) Military dependent students.--The term ``military dependent
students'' means students who are dependents of members of the armed
forces or Department of Defense civilian employees.
(4) Military installation.--The term ``military installation'' has
the meaning given that term in section 2687(e) of title 10, United
States Code.
(h) Funding Source.--The amount authorized to be appropriated under
section 301(25) for Quality of Life Enhancements, Defense-Wide, shall be
available to the Secretary of Defense to make grants under this section.
Subtitle G--Military Readiness Issues
SEC. 371. MEASURING CANNIBALIZATION OF PARTS, SUPPLIES, AND
EQUIPMENT UNDER READINESS REPORTING SYSTEM.
Section 117(c) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(7) Measure, on a quarterly basis, the extent to which units of
the armed forces remove serviceable parts, supplies, or equipment from
one vehicle, vessel, or aircraft in order to render a different vehicle,
vessel, or aircraft operational.''.
SEC. 372. REPORTING REQUIREMENTS REGARDING TRANSFERS FROM
HIGH-PRIORITY READINESS APPROPRIATIONS.
(a) Continuation of Reporting Requirements.--Section 483 of title 10,
United States Code, is amended by striking subsection (e).
(b) Level of Detail.--Subsection (c)(2) of such section is amended by
inserting before the period the following: ``, including identification
of the sources from which funds were transferred into that activity and
identification of the recipients of the funds transferred out of that
activity''.
(c) Additional Covered Budget Activities.--Subsection (d)(5) of such
section is amended by adding at the end the following new subparagraphs:
``(G) Combat Enhancement Forces.
``(H) Combat Communications.''.
SEC. 373. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON
READINESS OF MILITARY AIRCRAFT AND EQUIPMENT.
(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report assessing the effects of worldwide contingency
operations on--
(1) the readiness of aircraft and ground equipment of the Armed
Forces; and
(2) the capability of the Armed Forces to maintain a high level of
equipment readiness and to manage a high operating tempo for the
aircraft and ground equipment.
(b) Effects on Aircraft.--With respect to aircraft, the assessment
contained in the report shall address the following effects:
(1) The effects of the contingency operations carried out during
fiscal years 1995 through 2000 on the aircraft of each of the Armed
Forces in each category of aircraft, as follows:
(A) Combat tactical aircraft.
(B) Strategic aircraft.
(C) Combat support aircraft.
(D) Combat service support aircraft.
(2) The types of adverse effects on the aircraft of each of the
Armed Forces in each category of aircraft specified in paragraph (1)
resulting from contingency operations, as follows:
(A) Patrolling in no-fly zones over Iraq in Operation Northern Watch
and Operation Southern Watch and over the Balkans in Operation Allied
Force.
(B) Air operations in the North Atlantic Treaty Organization air war
against Serbia in Operation Sky Anvil, Operation Noble Anvil, and
Operation Allied Force.
(C) Air operations in Operation Shining Hope in Kosovo.
(D) All other activities within the general context of worldwide
contingency operations.
(3) Any other effects that the Secretary of Defense considers
appropriate in carrying out subsection (a).
(c) Effects on Ground Equipment.--With respect to ground equipment,
the assessment contained in the report shall address following effects:
(1) The effects of the contingency operations carried out during
fiscal years 1995 through 2000 on the ground equipment of each of the
Armed Forces.
(2) Any other effects that the Secretary of Defense considers
appropriate in carrying out subsection (a).
(d) Definitions.--In this section:
(1) The term ``Armed Forces'' means the Army, Navy, Marine Corps,
and Air Force.
(2) The term ``contingency operation'' has the meaning given the
term in section 101(a)(13) of title 10, United States Code.
SEC. 374. IDENTIFICATION OF REQUIREMENTS TO REDUCE BACKLOG IN
MAINTENANCE AND REPAIR OF DEFENSE FACILITIES.
(a) Report To Address Maintenance and Repair Backlog.--Not later than
March 15, 2001, the Secretary of Defense shall submit to Congress a
report identifying a list of requirements to reduce the backlog in
maintenance and repair needs of facilities and infrastructure under the
jurisdiction of the Department of Defense or a military department.
(b) Elements of Report.--At a minimum, the report shall include or
address the following:
(1) The extent of the work necessary to repair and revitalize
facilities and infrastructure, or to demolish and replace unusable
facilities, carried as backlog by the Secretary of Defense or the
Secretary of a military department.
(2) Measurable goals, over specified time frames, for addressing all
of the identified requirements.
(3) Expected funding for each military department and Defense Agency
to address the identified requirements during the period covered by the
most recent future-years defense program submitted to Congress pursuant
to section 221 of title 10, United States Code.
(4) The cost of the current backlog in maintenance and repair for
each military department and Defense Agency, which shall be determined
using the standard costs to standard facility categories in the
Department of Defense Facilities Cost Factors Handbook, shown both in
the aggregate and individually for each major military installation.
(5) The total number of square feet of building space of each
military department and Defense Agency to be demolished or proposed for
demolition, shown both in the aggregate and individually for each major
military installation.
(6) The initiatives underway to identify facility and infrastructure
requirements at military installation to accommodate new and developing
weapons systems and to prepare installations to accommodate these
systems.
(c) Annual Updates.--The Secretary of Defense shall update the report
required under subsection (a) annually. The annual updates shall be
submitted to Congress at or about the time that the budget is submitted
to Congress for a fiscal year under section 1105(a) of title 31, United
States Code.
SEC. 375. NEW METHODOLOGY FOR PREPARING BUDGET REQUESTS TO
SATISFY ARMY READINESS REQUIREMENTS.
(a) Requirement for New Methodology.--The Secretary of the Army shall
develop a new methodology for preparing budget requests for operation
and maintenance for the Army that can be used to ensure that the budget
requests for operation and maintenance for future fiscal years more
accurately reflect the Army's requirements than did the budget requests
submitted to Congress for fiscal year 2001 and preceding fiscal years.
(b) Sense of Congress Regarding New Methodology.--It is the sense of
Congress that--
(1) the methodology required by subsection (a) should provide for
the determination of the budget levels to request for operation and
maintenance for the Army to be based on--
(A) the level of training that must be conducted in order for the
Army to execute successfully the full range of missions called for in
the national defense strategy delineated pursuant to section 118 of
title 10, United States Code, at a low-to-moderate level of risk;
(B) the cost of conducting training at the level of training
described in subparagraph (A); and
(C) the costs of all other Army operations, including the cost of
meeting infrastructure requirements; and
(2) the Secretary of the Army should use the new methodology in the
preparation of the budget requests for operation and maintenance for the
Army for fiscal years after fiscal year 2001.
SEC. 376. REVIEW OF AH 64 AIRCRAFT PROGRAM.
(a) Requirement for Review.--The Comptroller General shall conduct a
review of the Army's AH 64 aircraft program to determine--
(1) whether obsolete spare parts, rather than spare parts for the
latest aircraft configuration, are being procured;
(2) whether there is insufficient sustaining system technical support;
(3) whether technical data packages and manuals are obsolete;
(4) whether there are unfunded requirements for airframe and
component upgrades; and
(5) if one or more of the conditions described in the preceding
paragraphs exist, whether the readiness of the aircraft is impaired by
the conditions.
(b) Report.--Not later than March 1, 2001, the Comptroller General
shall submit to the congressional defense committees a report on the
results of the review under subsection (a).
SEC. 377. REPORT ON AIR FORCE SPARE AND REPAIR PARTS PROGRAM
FOR C 5 AIRCRAFT.
(a) Findings.--Congress makes the following findings:
(1) There exists a significant shortfall in the Nation's current
strategic airlift requirement, even though strategic airlift remains
critical to the national security strategy of the United States.
(2) This shortfall results from the slow phase-out of C 141 aircraft
and their replacement with C 17 aircraft and from lower than optimal
reliability rates for the C 5 aircraft.
(3) One of the primary causes of these reliability rates for C 5
aircraft, and especially for operational unit aircraft, is the shortage
of spare repair parts. Over the past 5 years, this shortage has been
particularly evident in the C 5 fleet.
(4) Not Mission Capable for Supply rates for C 5 aircraft have
increased significantly in the period between 1997 and 1999. At Dover
Air Force Base, Delaware, for example, an average of 7 to 9 C 5 aircraft
were not available during that period because of a lack of parts.
(5) Average rates of cannibalization of C 5 aircraft per 100 sorties
of such aircraft have also increased during that period and are well
above the Air Mobility Command standard. In any given month, this means
devoting additional manhours to cannibalization of C 5 aircraft. At
Dover Air Force Base, for example, an average of 800 to 1,000 additional
manhours were required for cannibalization of C 5 aircraft during that
period. Cannibalization is often required for aircraft that transit
through a base such as Dover Air Force Base, as well as those that are
based there.
(6) High cannibalization rates indicate a significant problem in
delivering spare parts in a timely manner and systemic problems within
the repair and maintenance process, and also demoralize overworked
maintenance crews.
(7) The C 5 aircraft remains an absolutely critical asset in air
mobility and airlifting heavy equipment and personnel to both military
contingencies and humanitarian relief efforts around the world.
(8) Despite increased funding for spare and repair parts and other
efforts by the Air Force to mitigate the parts shortage problem,
Congress continues to receive reports of significant cannibalization to
airworthy C 5 aircraft and parts backlogs.
(b) Report Required.--Not later than January 1, 2001, and September
30, 2001, the Secretary of the Air Force shall submit to Congress a
report on the overall status of the spare and repair parts program of
the Air Force for the C 5 aircraft.
(c) Elements of Report.--Each report shall include the following:
(1) A statement of the funds currently allocated to the acquisition
of spare and repair parts for the C 5 aircraft and the adequacy of such
funds to meet current and future repair and maintenance requirements for
that aircraft.
(2) A description of current efforts to address shortfalls in the
availability of spare and repair parts for the C 5 aircraft, including
an assessment of potential short-term and long-term effects of such
efforts.
(3) An assessment of the effects of such parts shortfalls on
readiness and reliability ratings for the C 5 aircraft.
(4) A description of rates at which spare and repair parts for one C
5 aircraft are taken from another C 5 aircraft (known as parts
cannibalization) and the manhours devoted to part cannibalization of
such aircraft.
(5) An assessment of the effects of parts shortfalls and parts
cannibalization with respect to C 5 aircraft on readiness and retention.
Subtitle H--Other Matters
SEC. 381. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY
EQUIPMENT IDENTIFIED ON UNITED STATES MUNITIONS LIST.
(a) Annual Report Required.--Chapter 153 of title 10, United States
Code, is amended by adding at the end the following new section:
``2582. Military equipment identified on United States
munitions list: annual report of public sales
``(a) Report Required.--The Secretary of Defense shall prepare an
annual report identifying each public sale conducted by a military
department or Defense Agency of military items that are--
``(1) identified on the United States Munitions List maintained
under section 121.1 of title 22, Code of Federal Regulations; and
``(2) assigned a demilitarization code of `B' or its equivalent.
``(b) Elements of Report.--(1) A report under this section shall
cover all public sales described in subsection (a) that were conducted
during the preceding fiscal year.
``(2) The report shall specify the following for each sale:
``(A) The date of the sale.
``(B) The military department or Defense Agency conducting the sale.
``(C) The manner in which the sale was conducted.
``(D) The military items described in subsection (a) that were sold
or offered for sale.
``(E) The purchaser of each item.
``(F) The stated end-use of each item sold.
``(c) Submission of Report.--Not later than March 31 of each year,
the Secretary of Defense shall submit to the Committee on Armed Services
of the House of Representatives and the Committee on Armed Services of
the Senate the report required by this section for the preceding fiscal
year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2582. Military equipment identified on United States munitions
list: annual report of public sales.''.
SEC. 382. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY THE ARMY.
(a) Restriction.--(1) Chapter 443 of title 10, United States Code, is
amended by adding at the end the following new section:
``4688. Armor-piercing ammunition and components: condition on disposal
``(a) Limitation on Resale or Other Transfer.--Except as provided in
subsection (b), whenever the Secretary of the Army carries out a
disposal (by sale or otherwise) of armor-piercing ammunition, or a
component of armor-piercing ammunition, the Secretary shall require as a
condition of the disposal that the recipient agree in writing not to
sell or otherwise transfer any of the ammunition (reconditioned or
otherwise), or any armor-piercing component of that ammunition, to any
purchaser in the United States other than a law enforcement or other
governmental agency.
``(b) Exception.--Subsection (a) does not apply to a transfer of a
component of armor-piercing ammunition solely for the purpose of metal
reclamation by means of a destructive process such as melting, crushing,
or shredding.
``(c) Special Rule for Non-Armor-Piercing Components.--A component of
the armor-piercing ammunition that is not itself armor-piercing and is
not subjected to metal reclamation as described in subsection (b) may
not be used as a component in the production of new or remanufactured
armor-piercing ammunition other than for sale to a law enforcement or
other governmental agency or for a government-to-government sale or
commercial export to a foreign government under the Arms Export Control
Act (22 U.S.C. 2751).
``(d) Definition.--In this section, the term `armor-piercing
ammunition' means a center-fire cartridge the military designation of
which includes the term `armor penetrator' or `armor-piercing',
including a center-fire cartridge designated as armor-piercing
incendiary (API) or armor-piercing incendiary-tracer (API T).''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``4688. Armor-piercing ammunition and components: condition on
disposal.''.
(b) Applicability.--Section 4688 of title 10, United States Code, as
added by subsection (a), shall apply with respect to any disposal of
ammunition or components referred to in that section after the date of
the enactment of this Act.
SEC. 383. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT
PROVIDED AT JOHNSTON ATOLL.
(a) In General.--Chapter 949 of title 10, United States Code, is
amended by adding at the end the following new section:
``9783. Johnston Atoll: reimbursement for support provided to
civil air carriers
``(a) Authority of the Secretary.--The Secretary of the Air Force
may, under regulations prescribed by the Secretary, require payment by a
civil air carrier for support provided by the United States to the
carrier at Johnston Atoll that is either--
``(1) requested by the civil air carrier; or
``(2) determined under the regulations as being necessary to
accommodate the civil air carrier's use of Johnston Atoll.
``(b) Amount of Charges.--Any amount charged an air carrier under
subsection (a) for support shall be equal to the total amount of the
actual costs to the United States of providing the support. The amount
charged may not include any amount for an item of support that does not
satisfy a condition described in paragraph (1) or (2) of subsection (a).
``(c) Relationship to Landing Fees.--No landing fee shall be charged
an air carrier for a landing of an aircraft of the air carrier at
Johnston Atoll if the air carrier is charged under subsection (a) for
support provided to the air carrier.
``(d) Disposition of Payments.--(1) Amounts collected from an air
carrier under this section shall be credited to appropriations available
for the fiscal year in which collected, as follows:
``(A) For support provided by the Air Force, to appropriations
available for the Air Force for operation and maintenance.
``(B) For support provided by the Army, to appropriations available
for the Army for chemical demilitarization.
``(2) Amounts credited to an appropriation under paragraph (1) shall
be merged with funds in that appropriation and shall be available,
without further appropriation, for the purposes and period for which the
appropriation is available.
``(e) Definitions.--In this section:
``(1) The term `civil air carrier' means an air carrier (as defined
in section 40101(a)(2) of title 49) that is issued a certificate of
public convenience and necessity under section 41102 of such title.
``(2) The term `support' includes fuel, fire rescue, use of
facilities, improvements necessary to accommodate use by civil air
carriers, police, safety, housing, food, air traffic control, suspension
of military operations on the island (including operations at the
Johnston Atoll Chemical Agent Demilitarization System), repairs, and any
other construction, services, or supplies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``9783. Johnston Atoll: reimbursement for support provided to
civil air carriers.''.
SEC. 384. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.
(a) Space-Required Travel for Travel to Duty Stations.--Subsection
(a) of section 18505 of title 10, United States Code, is amended to read
as follows:
``(a) A member of a reserve component traveling for annual training
duty or inactive-duty training (including a place other than the place
of the member's unit training assembly if the member is performing
annual training duty or inactive-duty training in another location) may
travel in a space-required status on aircraft of the armed forces
between the member's home and the place of the annual training duty or
inactive-duty training.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``18505. Reserves traveling for annual training duty or
inactive-duty training: space-required travel on military aircraft''.
(2) The table of sections at the beginning of chapter 1805 of such
title is amended by striking the item relating to section 18505 and
inserting the following new item:
``18505. Reserves traveling for annual training duty or
inactive-duty training: space-required travel on military aircraft.''.
SEC. 385. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET AIRCRAFT.
(a) In General.--Section 41106 of title 49, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``of at least 31 days'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new subsections:
``(b) Transportation Between the United States and Foreign
Locations.--Except as provided in subsection (d), the transportation of
passengers or property by transport category aircraft between a place in
the United States and a place outside the United States obtained by the
Secretary of Defense or the Secretary of a military department through a
contract for airlift service shall be provided by an air carrier
referred to in subsection (a).
``(c) Transportation Between Foreign Locations.--The transportation
of passengers or property by transport category aircraft between two
places outside the United States obtained by the Secretary of Defense or
the Secretary of a military department through a contract for airlift
service shall be provided by an air carrier that has aircraft in the
civil reserve air fleet whenever transportation by such an air carrier
is reasonably available.''.
(b) Conforming Amendment.--Subsection (a) of such section is further
amended by striking `` General.--(1) Except as provided in subsection
(b) of this section,'' and inserting `` Interstate Transportation.--(1)
Except as provided in subsection (d) of this section,''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
SEC. 386. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL
IN-TRANSIT END ITEMS AND SECONDARY ITEMS.
(a) Required Additions.--Subsection (d) of section 349 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105 261; 112 Stat. 1981; 10 U.S.C. 2458 note) is amended--
(1) in paragraph (1), by inserting before the period at the end the
following: ``, including specific actions to address underlying
weaknesses in the controls over items being shipped''; and
(2) by adding at the end the following new paragraph:
``(5) The key management elements for monitoring, and for measuring
the progress achieved in, the implementation of the plan, including--
``(A) the assignment of oversight responsibility for each action
identified pursuant to paragraph (1);
``(B) a description of the resources required for oversight; and
``(C) an estimate of the annual cost of oversight.''.
(b) Conforming Amendments.--(1) Subsection (a) of such section is
amended by striking ``Not later than'' and all
that follows through ``Congress'' and inserting ``The
Secretary of Defense shall prescribe and carry out''.
(2) Such section is further amended by adding at the end the
following new subsection:
``(f) Submissions to Congress.--The Secretary shall submit to
Congress any revisions made to the plan that are required by any law
enacted after October 17, 1998. The revisions so made shall be submitted
not later than 180 days after the date of the enactment of the law
requiring the revisions.''.
(3) Subsection (e)(1) of such section is amended by striking
``submits the plan'' and inserting ``submits the initial plan''.
SEC. 387. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE AND
USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY
CIVIL AIRCRAFT.
(a) Reauthorization.--Section 377 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105 261; 112
Stat. 1993; 10 U.S.C. 113 note) is amended--
(1) in subsection (a)--
(A) by striking ``during fiscal years 1999 and 2000''; and
(B) by striking the second sentence; and
(2) by adding at the end the following new subsection:
``(e) Duration of Pilot Program.--The pilot program under this
section may not be carried out after September 30, 2010.''.
(b) Fees Collected.--Subsection (b) of such section is amended to
read as follows:
``(b) Landing Fee Defined.--In this section, the term `landing fee'
means any fee that is established under or in accordance with
regulations of the military department concerned (whether prescribed in
a fee schedule or imposed under a joint-use agreement) to recover costs
incurred for use by civil aircraft of an airfield of the military
department in the United States or in a territory or possession of the
United States.''.
(c) Use of Proceeds.--Subsection (c) of such section is amended by
striking ``Amounts received for a fiscal year in payment of landing fees
imposed under the pilot program for use of a military airfield'' and
inserting ``Amounts received in payment of landing fees for use of a
military airfield in a fiscal year of the pilot program''.
(d) Report.--Subsection (d) of such section is amended--
(1) by striking ``March 31, 2000,'' and inserting ``March 31,
2003,''; and
(2) by striking ``December 31, 1999'' and inserting ``December 31,
2002''.
SEC. 388. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR
USE IN WILDFIRE SUPPRESSION.
Section 2 of the Wildfire Suppression Aircraft Transfer Act of 1996
(Public Law 104 307; 10 U.S.C. 2576 note) is amended--
(1) in subsection (a)(1), by striking ``September 30, 2000'' and
inserting ``September 30, 2005'';
(2) in subsection (d)(1)--
(A) by striking ``the date of the enactment of this Act'' and
inserting ``October 14, 1996''; and
(B) by adding at the end the following: ``The regulations prescribed
under this paragraph shall be effective until the end of the period
specified in subsection (a)(1).''; and
(3) in subsection (f), by striking ``March 31, 2000'' and inserting
``March 31, 2005''.
SEC. 389. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI
SILICA REACTIVITY.
(a) Assessment of Damage and Prevention and Mitigation
Technology.--The Secretary of Defense shall require the Secretaries of
the military departments to assess--
(1) the damage caused to aviation facilities of the Armed Forces by
alkali silica reactivity; and
(2) the availability of technologies capable of preventing,
treating, or mitigating alkali silica reactivity in hardened concrete
structures and pavements.
(b) Evaluation of Technologies.--(1) Taking into consideration the
assessment under subsection (a), the Secretary of each military
department may conduct a demonstration project at a location selected by
the Secretary concerned to test and evaluate the effectiveness of
technologies intended to prevent, treat, or mitigate alkali silica
reactivity in hardened concrete structures and pavements.
(2) The Secretary of Defense shall ensure that the locations selected
for the demonstration projects represent the diverse operating
environments of the Armed Forces.
(c) New Construction.--The Secretary of Defense shall develop
specific guidelines for appropriate testing and use of lithium salts to
prevent alkali silica reactivity in new construction of the Department
of Defense.
(d) Completion of Assessment and Demonstration.--The assessment
conducted under subsection (a) and the demonstration projects, if any,
conducted under subsection (b) shall be completed not later than
September 30, 2006.
(e) Delegation of Authority.--The authority to conduct the assessment
under subsection (a) may be delegated only to the Chief of Engineers of
the Army, the Commander of the Naval Facilities Engineering Command, and
the Civil Engineer of the Air Force.
(f) Limitation on Expenditures.--The Secretary of Defense and the
Secretaries of the military departments may not expend more than a total
of $5,000,000 to conduct both the assessment under subsection (a) and
all of the demonstration projects under subsection (b).
SEC. 390. DEMONSTRATION PROJECT TO INCREASE RESERVE COMPONENT
INTERNET ACCESS AND SERVICES IN RURAL COMMUNITIES.
(a) Authorization and Purpose of Project.--The Secretary of the Army,
acting through the Chief of the National Guard Bureau, may carry out a
demonstration project in rural communities that are unserved or
underserved by the telecommunications medium known as the Internet to
provide or increase Internet access and services to units and members of
the National Guard and other reserve components located in these
communities.
(b) Project Elements.--In carrying out the demonstration project, the
Secretary may--
(1) establish and operate distance learning classrooms in
communities described in subsection (a), including any support systems
required for such classrooms; and
(2) provide Internet access and services in such classrooms through
GuardNet, the telecommunications infrastructure of the National Guard.
(c) Report.--Not later than February 1, 2005, the Secretary shall
submit to Congress a report on the demonstration project. The report
shall describe the activities conducted under the demonstration project
and include any recommendations for the improvement or expansion of the
demonstration project that the Secretary considers appropriate.
SEC. 391. ADDITIONAL CONDITIONS ON IMPLEMENTATION OF DEFENSE
JOINT ACCOUNTING SYSTEM.
(a) Report on Deployment of System.--The proposed Defense Joint
Accounting System is not prohibited, but the Secretary of Defense may
not grant a Milestone III decision for the system unless and until the
Secretary of Defense submits to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report--
(1) explaining the reasons for the withdrawal of the Department of
the Air Force from the proposed Defense Joint Accounting System and the
effect of the withdrawal on the development of the system;
(2) explaining the reasons why the Department of the Navy is not
required to participate in the system;
(3) identifying business process reengineering initiatives reviewed,
considered, or undertaken by the Department of the Air Force and the
Department of the Navy before the decisions were made to exclude the
Department of the Navy from the system and to allow the Department of
the Air Force to withdraw from the system; and
(4) containing an analysis, prepared with the participation of the
Secretaries of the military departments, of alternatives to the system
to determine whether the system warrants deployment.
(b) Certification.--If the Secretary of Defense determines that the
proposed Defense Joint Accounting System warrants a Milestone III
decision, the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives a certification that the system will meet--
(1) the required functionality for users of the system;
(2) Department of Defense acquisition standards;
(3) the applicable requirements for Milestones I, II and III; and
(4) the applicable requirements of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104 106).
SEC. 392. REPORT ON DEFENSE TRAVEL SYSTEM.
(a) Requirement for Report.--Not later than November 30, 2000, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Defense Travel System.
(b) Content of Report.--The report shall include the following:
(1) A detailed discussion of the development, testing, and fielding
of the system, including the performance requirements, the evaluation
criteria, the funding that has been provided for the development,
testing, and fielding of the system, and the funding that is projected
to be required for completing the development, testing, and fielding of
the system.
(2) The schedule for the testing of the system, including the
initial operational test and evaluation and the final
operational testing and evaluation, together with the results
of the testing.
(3) The cost savings expected to result from the deployment of the
system and from the completed implementation of the system, together
with a discussion of how the savings are estimated and the expected
schedule for the realization of the savings.
(4) An analysis of the costs and benefits of fielding the front-end
software for the system throughout all 18 geographical areas selected
for the original fielding of the system.
SEC. 393. REVIEW OF DEPARTMENT OF DEFENSE COSTS OF MAINTAINING
HISTORICAL PROPERTIES.
(a) Requirement for Review.--The Comptroller General shall conduct a
review of the annual costs incurred by the Department of Defense to
comply with the requirements of the National Historic Preservation Act
(16 U.S.C. 470 et seq.).
(b) Report.--Not later than February 28, 2001, the Comptroller
General shall submit to the congressional defense committees a report on
the results of the review. The report shall contain the following:
(1) For each military department and Defense Agency and for the
Department of Defense in the aggregate, the cost for fiscal year 2000
and the projected costs for the ensuing 10 fiscal years to comply with
the requirements of the National Historic Preservation Act.
(2) Of the costs referred to in paragraph (1), the portion of such
costs related to maintenance of those properties that qualified as
historic properties under the National Historic Preservation Act when
such Act was originally enacted in 1966.
(3) The accounts used for paying the costs of complying with the
requirements of the National Historic Preservation Act.
(4) For each military department and Defense Agency, the identity of
all properties that must be maintained in order to comply with the
requirements of the National Historic Preservation Act.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A--ACTIVE FORCES
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.
SUBTITLE B--RESERVE FORCES
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of
the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades
authorized to be on active duty in support of the Reserves.
SUBTITLE C--OTHER MATTERS RELATING TO PERSONNEL STRENGTHS
Sec. 421. Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national emergency.
Sec. 422. Exclusion from active component end strengths of certain
reserve component members on active duty in support of the combatant
commands.
Sec. 423. Exclusion of Army and Air Force medical and dental
officers from limitation on strengths of reserve commissioned officers
in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve
component personnel serving on active duty or full-time national guard
duty in certain grades.
SUBTITLE D--AUTHORIZATION OF APPROPRIATIONS
Sec. 431. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,642.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title 10, United
States Code, is amended--
(1) in paragraph (2), by striking ``371,781'' and inserting
``372,000'';
(2) in paragraph (3), by striking ``172,148'' and inserting
``172,600''; and
(3) in paragraph (4), by striking ``360,877'' and inserting
``357,000''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect on October 1, 2000.
SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY AUTHORITY.
Section 691(e) of title 10, United States Code, is amended by
inserting ``or greater than'' after ``identical to''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2001, as follows:
(1) The Army National Guard of the United States, 350,526.
(2) The Army Reserve, 205,300.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,022.
(6) The Air Force Reserve, 74,358.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component shall be proportionately
reduced by--
(1) the total authorized strength of units organized to serve as
units of the Selected Reserve of such component which are on active duty
(other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on
active duty (other than for training or for unsatisfactory participation
in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from
active duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT
OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2001,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,974.
(2) The Army Reserve, 13,106.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,170.
(6) The Air Force Reserve, 1,336.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2001 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States, 23,128.
(2) For the Army Reserve, 5,921.
(3) For the Air National Guard of the United States, 22,247.
(4) For the Air Force Reserve, 9,785.
SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians employed
by the reserve components of the Army and the Air Force as of September
30, 2001, may not exceed the following:
(1) For the Army Reserve, 1,195.
(2) For the Army National Guard of the United States, 1,600.
(3) For the Air Force Reserve, 10.
(4) For the Air National Guard of the United States, 326.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
(c) Postponement of Permanent Limitation.--Section 10217(c)(2) of
title 10, United States Code, is amended by striking ``October 1, 2001''
and inserting ``October 1, 2002''.
SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:

Army Navy Air Force Marine Corps
Major or Lieutenant Commander 3,316 1,071 948 14012
Lieutenant Colonel or Commander 1,759 520 852 9012
Colonel or Navy Captain 529 188 317 30''.
(b) Senior Enlisted Members.--The table in section 12012(a) of such
title is amended to read as follows:

Army Navy Air Force Marine Corps
9 764 202 502 2012
8 2,821 429 1,117 94''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
(d) Report.--(1) Not later than March 31, 2001, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
management of the grade structure for reserve-component officers who are
subject to section 12011 of title 10, United States Code, and on the
grade structure of enlisted members who are subject to section 12012 of
that title. The Secretary of Defense shall include in the report
recommendations for a permanent solution for managing the grade
structures for those officers and enlisted members without requirement
for frequent statutory adjustments to the limitations in those sections.
(2) In developing recommendations for the report under paragraph (1),
the Secretary shall consider the following areas:
(A) The grade structure authorized for field-grade officers in the
active-duty forces and the reasons why the grade structure for
field-grade reserve officers on active duty in support of the reserves
is different.
(B) The grade structure authorized for senior enlisted members in
the active-duty forces and the reasons why the grade structure for
senior enlisted reserve members on active duty in support of the
reserves is different.
(C) The need for independent grade limits for each reserve component
under sections 12011 and 12012 of title 10, United States Code.
(D) The advantages and disadvantage of replacing management by the
current grade tables in those sections with management through a system
based on the grade authorized for the position occupied by the member.
(E) The current mix within each reserve component, for each
controlled grade, of (i) traditional reservists, (ii) military
technicians, (iii) regular component members, and (iv) reserve members
on active duty in support of the reserves, and how that mix, for each
component, would shift over time under the Secretary's recommended
solution as specified in paragraph (1).
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. AUTHORITY FOR SECRETARY OF DEFENSE TO SUSPEND
CERTAIN PERSONNEL STRENGTH LIMITATIONS DURING WAR OR NATIONAL EMERGENCY.
(a) Senior Enlisted Members on Active Duty.--Section 517 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c) Whenever under section 527 of this title the President may
suspend the operation of any provision of section 523, 525, or 526 of
this title, the Secretary of Defense may suspend the operation of any
provision of this section. Any such suspension shall, if not sooner
ended, end in the manner specified in section 527 for a suspension under
that section.''.
(b) Field Grade Reserve Component Officers.--Section 12011 of such
title is amended by adding at the end the following new subsection:
``(c) Whenever under section 527 of this title the President may
suspend the operation of any provision of section 523, 525, or 526 of
this title, the Secretary of Defense may suspend the operation of any
provision of this section. Any such suspension shall, if not sooner
ended, end in the manner specified in section 527 for a suspension under
that section.''.
(c) Senior Enlisted Member in Reserve Components.--Section 12012 of
such title is amended by adding at the end the following new subsection:
``(c) Whenever under section 527 of this title the President may
suspend the operation of any provision of section 523, 525, or 526 of
this title, the Secretary of Defense may suspend the operation of any
provision of this section. Any such suspension shall, if not sooner
ended, end in the manner specified in section 527 for a suspension under
that section.''.
SEC. 422. EXCLUSION FROM ACTIVE COMPONENT END STRENGTHS OF
CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY IN SUPPORT OF THE
COMBATANT COMMANDS.
Section 115(d) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(9) Members of reserve components (not described in paragraph (8))
on active duty for more than 180 days but less than 271 days to perform
special work in support of the combatant commands, except that--
``(A) general and flag officers may not be excluded under this
paragraph; and
``(B) the number of members of any of the armed forces excluded
under this paragraph may not exceed the number equal to 0.2 percent of
the end strength authorized for active-duty personnel of that armed
force under subsection (a)(1)(A).''.
SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL AND DENTAL
OFFICERS FROM LIMITATION ON STRENGTHS OF RESERVE COMMISSIONED OFFICERS
IN GRADES BELOW BRIGADIER GENERAL.
Section 12005(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Medical officers and dental officers shall not be counted for
the purposes of this subsection.''.
SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF
RESERVE COMPONENT PERSONNEL SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL
GUARD DUTY IN CERTAIN GRADES.
(a) Field Grade Officers.--Section 12011 of title 10, United States
Code, as amended by section 421(b), is amended by adding at the end the
following new subsection:
``(d) Upon increasing under subsection (c)(2) of section 115 of this
title the end strength that is authorized under subsection (a)(1)(B) of
that section for a fiscal year for active-duty personnel and full-time
National Guard duty personnel of an armed force who are to be paid from
funds appropriated for reserve personnel, the Secretary of Defense may
increase for that fiscal year the limitation that is set forth in
subsection (a) of this section for the number of officers of that armed
force serving in any grade if the Secretary determines that such action
is in the national interest. The percent of the increase may not exceed
the percent by which the Secretary increases that end strength.''.
(b) Senior Enlisted Personnel.--Section 12012 of such title, as
amended by section 421(c), is amended by adding at the end the following
new subsection:
``(d) Upon increasing under subsection (c)(2) of section 115 of this
title the end strength that is authorized under subsection (a)(1)(B) of
that section for a fiscal year for active-duty personnel and full-time
National Guard duty personnel of an armed force who are to be paid from
funds appropriated for reserve personnel, the Secretary of Defense may
increase for that fiscal year the limitation that is set forth in
subsection (a) of this section for the number of enlisted members of
that armed force serving in any grade if the Secretary determines that
such action is in the national interest. The percent of the increase may
not exceed the percent by which the Secretary increases that end
strength.''.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 2001 a total of
$75,801,666,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2001.
TITLE V--MILITARY PERSONNEL POLICY
SUBTITLE A--OFFICER PERSONNEL POLICY
Sec. 501. Eligibility of Army and Air Force Reserve colonels and
brigadier generals for position vacancy promotions.
Sec. 502. Flexibility in establishing promotion zones for Coast
Guard Reserve officers.
Sec. 503. Time for release of reports of officer promotion
selection boards.
Sec. 504. Clarification of requirements for composition of
active-duty list selection boards when reserve officers are under
consideration.
Sec. 505. Authority to issue posthumous commissions in the case of
members dying before official recommendation for appointment or
promotion is approved by Secretary concerned.
Sec. 506. Technical corrections relating to retired grade of
reserve commissioned officers.
Sec. 507. Grade of chiefs of reserve components and directors of
National Guard components.
Sec. 508. Revision to rules for entitlement to separation pay for
regular and reserve officers.
SUBTITLE B--RESERVE COMPONENT PERSONNEL POLICY
Sec. 521. Exemption from active-duty list for reserve officers on
active duty for a period of three years or less.
Sec. 522. Termination of application requirement for consideration
of officers for continuation on the reserve active-status list.
Sec. 523. Authority to retain Air Force Reserve officers in all
medical specialties until specified age.
Sec. 524. Authority for provision of legal services to reserve
component members following release from active duty.
Sec. 525. Extension of involuntary civil service retirement date
for certain reserve technicians.
SUBTITLE C--EDUCATION AND TRAINING
Sec. 531. Eligibility of children of Reserves for Presidential
appointment to service academies.
Sec. 532. Selection of foreign students to receive instruction at
service academies.
Sec. 533. Revision of college tuition assistance program for
members of Marine Corps Platoon Leaders Class program.
Sec. 534. Review of allocation of Junior Reserve Officers Training
Corps units among the services.
Sec. 535. Authority for Naval Postgraduate School to enroll
certain defense industry civilians in specified programs relating to
defense product development.
SUBTITLE D--DECORATIONS, AWARDS, AND COMMENDATIONS
Sec. 541. Limitation on award of Bronze Star to members in receipt
of imminent danger pay.
Sec. 542. Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members of the Armed
Forces and other qualified persons.
Sec. 543. Waiver of time limitations for award of certain
decorations to certain persons.
Sec. 544. Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S. Arizona who died
in the Japanese attack on Pearl Harbor on December 7, 1941.
Sec. 545. Sense of Congress on the court-martial conviction of
Captain Charles Butler McVay, Commander of the U.S.S. Indianapolis, and
on the courageous service of the crew of that vessel.
Sec. 546. Posthumous advancement on retired list of Rear Admiral
Husband E. Kimmel and Major General Walter C. Short, senior officers in
command in Hawaii on December 7, 1941.
Sec. 547. Commendation of citizens of Remy, France, for World War
II actions.
Sec. 548. Authority for Award of the Medal of Honor to William H.
Pitsenbarger for valor during the Vietnam War.
SUBTITLE E--MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Sec. 551. Recognition by States of military testamentary instruments.
Sec. 552. Policy concerning rights of individuals whose names have
been entered into Department of Defense official criminal investigative
reports.
Sec. 553. Limitation on Secretarial authority to grant clemency
for military prisoners serving sentence of confinement for life without
eligibility for parole.
Sec. 554. Authority for civilian special agents of military
department criminal investigative organizations to execute warrants and
make arrests.
Sec. 555. Requirement for verbatim record in certain special
court-martial cases.
Sec. 556. Commemoration of the 50th anniversary of the Uniform
Code of Military Justice.
SUBTITLE F--MATTERS RELATING TO RECRUITING
Sec. 561. Army recruiting pilot programs.
Sec. 562. Enhancement of recruitment market research and
advertising programs.
Sec. 563. Access to secondary schools for military recruiting purposes.
Sec. 564. Pilot program to enhance military recruiting by
improving military awareness of school counselors and educators.
SUBTITLE G--OTHER MATTERS
Sec. 571. Extension to end of calendar year of expiration date for
certain force drawdown transition authorities.
Sec. 572. Voluntary separation incentive.
Sec. 573. Congressional review period for assignment of women to
duty on submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members.
Sec. 574. Management and per diem requirements for members subject
to lengthy or numerous deployments.
Sec. 575. Pay in lieu of allowance for funeral honors duty.
Sec. 576. Test of ability of reserve component intelligence units
and personnel to meet current and emerging defense intelligence needs.
Sec. 577. National Guard Challenge Program.
Sec. 578. Study of use of civilian contractor pilots for
operational support missions.
Sec. 579. Reimbursement for expenses incurred by members in
connection with cancellation of leave on short notice.
Subtitle A--Officer Personnel Policy
SEC. 501. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE COLONELS
AND BRIGADIER GENERALS FOR POSITION VACANCY PROMOTIONS.
Section 14315(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting after ``(A) is assigned to the
duties of a general officer of the next higher reserve grade in the Army
Reserve'' the following: ``or is recommended for such an assignment
under regulations prescribed by the Secretary of the Army''; and
(2) in paragraph (2), by inserting after ``(A) is assigned to the
duties of a general officer of the next higher reserve grade'' the
following: ``or is recommended for such an assignment under regulations
prescribed by the Secretary of the Air Force''.
SEC. 502. FLEXIBILITY IN ESTABLISHING PROMOTION ZONES FOR
COAST GUARD RESERVE OFFICERS.
(a) Coast Guard Reserve Officer Promotion System Based on DOD ROPMA
System.--Section 729(d) of title 14, United States Code, is amended to
read as follows:
``(d)(1) Before convening a selection board to recommend Reserve
officers for promotion, the Secretary shall establish a promotion zone
for officers serving in each grade to be considered by the board. The
Secretary shall determine the number of officers in the promotion zone
for officers serving in any grade from among officers who are eligible
for promotion in that grade.
``(2)(A) Before convening a selection board to recommend Reserve
officers for promotion to a grade (other than the grade of lieutenant
(junior grade)), the Secretary shall determine the maximum number of
officers in that grade that the board may recommend for promotion.
``(B) The Secretary shall make the determination under subparagraph
(A) of the maximum number that may be recommended with a view to having
in an active status a sufficient number of Reserve officers in each
grade to meet the needs of the Coast Guard for Reserve officers in an
active status.
``(C) In order to make the determination under subparagraph (B), the
Secretary shall determine the following:
``(i) The number of positions needed to accomplish mission
objectives that require officers in the grade to which the board will
recommend officers for promotion.
``(ii) The estimated number of officers needed to fill vacancies in
such positions during the period in which it is anticipated that
officers selected for promotion will be promoted.
``(iii) The number of officers authorized by the Secretary to serve
in an active status in the grade under consideration.
``(iv) Any statutory limitation on the number of officers in any
grade authorized to be in an active status.
``(3)(A) The Secretary may, when the needs of the Coast Guard
require, authorize the consideration of officers in a grade above
lieutenant (junior grade) for promotion to the next higher grade from
below the promotion zone.
``(B) When selection from below the promotion zone is authorized, the
Secretary shall establish the number of officers that may be recommended
for promotion from below the promotion zone. That number may not exceed
the number equal to 10 percent of the maximum number of officers that
the board is authorized to recommend for promotion, except that the
Secretary may authorize a greater number, not to exceed 15 percent of
the total number of officers that the board is authorized to recommend
for promotion, if the Secretary determines that the needs of the Coast
Guard so require. If the maximum number determined under this
subparagraph is less than one, the board may recommend one officer for
promotion from below the promotion zone.
``(C) The number of officers recommended for promotion from below the
promotion zone does not increase the maximum number of officers that the
board is authorized to recommend for promotion under paragraph (2).''.
(b) Running Mate System Made Optional.--(1) Section 731 of such title
is amended--
(A) by designating the text of such section as subsection (b);
(B) by inserting after the section heading the following:
``(a) Authority To Use Running Mate System.--The Secretary may by
regulation implement section 729(d)(1) of this title by requiring that
the promotion zone for consideration of Reserve officers in an active
status for promotion to the next higher grade be determined in
accordance with a running mate system as provided in subsection (b).'';
(C) in subsection (b), as designated by subparagraph (A), by
striking ``Subject to the eligibility requirements of this subchapter, a
Reserve officer shall'' and inserting the following: `` Consideration
for Promotion.--If promotion zones are determined as authorized under
subsection (a), a Reserve officer shall, subject to the eligibility
requirements of this subchapter,''; and
(D) by adding at the end the following:
``(c) Consideration of Officers Below the Zone.--If the Secretary
authorizes the selection of officers for promotion from below the
promotion zone in accordance with section 729(d)(3) of this title, the
number of officers to be considered from below the zone may be
established through the application of the running mate system under
this subchapter or otherwise as the Secretary determines to be
appropriate to meet the needs of the Coast Guard.''.
(2)(A) The heading for such section is amended to read as follows:
``731. Establishment of promotion zones under running mate system''.
(B) The item relating to such section in the table of sections at the
beginning of chapter 21 of such title is amended to read as follows:
``731. Establishment of promotion zones under running mate system.''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to selection boards convened under section 730 of title 14,
United States Code, on or after the date of the enactment of this Act.
SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER PROMOTION
SELECTION BOARDS.
(a) Active-Duty List Officer Boards.--Section 618(e) of title 10,
United States Code, is amended to read as follows:
``(e)(1) The names of the officers recommended for promotion in the
report of a selection board shall be disseminated to the armed force
concerned as follows:
``(A) In the case of officers recommended for promotion to a grade
below brigadier general or rear admiral (lower half), such names may be
disseminated upon, or at any time after, the transmittal of the report
to the President.
``(B) In the case of officers recommended for promotion to a grade
above colonel or, in the case of the Navy, captain, such names may be
disseminated upon, or at any time after, the approval of the report by
the President.
``(C) In the case of officers whose names have not been sooner
disseminated, such names shall be promptly disseminated upon
confirmation by the Senate.
``(2) A list of names of officers disseminated under paragraph (1)
may not include--
``(A) any name removed by the President from the report of the
selection board containing that name, if dissemination is under the
authority of subparagraph (B) of such paragraph; or
``(B) the name of any officer whose promotion the Senate failed to
confirm, if dissemination is under the authority of subparagraph (C) of
such paragraph.''.
(b) Reserve Active-Status List Officer Boards.--The text of section
14112 of title 10, United States Code, is amended to read as follows:
``(a) Time for Dissemination.--The names of the officers recommended
for promotion in the report of a selection board shall be disseminated
to the armed force concerned as follows:
``(1) In the case of officers recommended for promotion to a grade
below brigadier general or rear admiral (lower half), such names may be
disseminated upon, or at any time after, the transmittal of the report
to the President.
``(2) In the case of officers recommended for promotion to a grade
above colonel or, in the case of the Navy, captain, such names may be
disseminated upon, or at any time after, the approval of the report by
the President.
``(3) In the case of officers whose names have not been sooner
disseminated, such names shall be promptly disseminated--
``(A) upon confirmation of the promotion of the officers by the
Senate (in the case of promotions required to be submitted to the Senate
for confirmation); or
``(B) upon the approval of the report by the President (in the case
of promotions not required to be submitted to the Senate for
confirmation).
``(b) Names Not Disseminated.--A list of names of officers
disseminated under subsection (a) may not include--
``(1) any name removed by the President from the report of the
selection board containing that name, if dissemination is under the
authority of paragraph (2) or (3)(B) of that subsection; or
``(2) the name of any officer whose promotion the Senate failed to
confirm, if dissemination is under the authority of paragraph (3)(A) of
that subsection.''.
SEC. 504. CLARIFICATION OF REQUIREMENTS FOR COMPOSITION OF
ACTIVE-DUTY LIST SELECTION BOARDS WHEN RESERVE OFFICERS ARE UNDER
CONSIDERATION.
(a) Clarification.--Section 612(a) of title 10, United States Code,
is amended--
(1) in paragraph (1)--
(A) by striking ``who are on the active-duty list'' in the second
sentence; and
(B) by inserting after the second sentence the following new
sentence: ``Each member of a selection board (except as provided in
paragraphs (2), (3), and (4)) shall be an officer on the active-duty
list.''; and
(2) in paragraph (3)--
(A) by striking ``of that armed force, with the exact number of
reserve officers to be'' and inserting ``of that armed force on active
duty (whether or not on the active-duty list). The actual number of
reserve officers shall be''; and
(B) by striking ``his discretion, except that'' and inserting ``the
Secretary's discretion. Notwithstanding the first sentence of this
paragraph,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to any selection board convened under section 611(a) of title 10,
United States Code, on or after August 1, 1981.
SEC. 505. AUTHORITY TO ISSUE POSTHUMOUS COMMISSIONS IN THE
CASE OF MEMBERS DYING BEFORE OFFICIAL RECOMMENDATION FOR APPOINTMENT OR
PROMOTION IS APPROVED BY SECRETARY CONCERNED.
(a) Repeal of Limitation to Deaths Occurring After Secretarial
Approval.--Subsection (a)(3) of section 1521 of title 10, United States
Code, is amended by striking ``and the recommendation for whose
appointment or promotion was approved by the Secretary concerned''.
(b) Effective Date of Commission.--Subsection (b) of such section is
amended by striking ``approval'' both places it appears and inserting
``official recommendation''.
SEC. 506. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF
RESERVE COMMISSIONED OFFICERS.
(a) Army.--Section 3961(a) of title 10, United States Code, is
amended by striking ``or for nonregular service under chapter 1223 of
this title''.
(b) Air Force.--Section 8961(a) of title 10, United States Code, is
amended by striking ``or for nonregular service under chapter 1223 of
this title''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to Reserve commissioned officers who are promoted to a
higher grade as a result of selection for promotion by a board convened
under chapter 36 or 1403 of title 10, United States Code, or having been
found qualified for Federal recognition in a higher grade under chapter
3 of title 32, United States Code, after October 1, 1996.
SEC. 507. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS
OF NATIONAL GUARD COMPONENTS.
(a) Chief of Army Reserve.--Subsections (b) and (c) of section 3038
of title 10, United States Code, are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Army Reserve from
general officers of the Army Reserve who have had at least 10 years of
commissioned service in the Army Reserve.
``(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Chief of Army Reserve unless the officer--
``(A) is recommended by the Secretary of the Army; and
``(B) is determined by the Chairman of the Joint Chiefs of Staff, in
accordance with criteria and as a result
of a process established by the Chairman, to have significant
joint duty experience.
``(3) An officer on active duty for service as the Chief of Army
Reserve shall be counted for purposes of the grade limitations under
sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment of an
officer as Chief of Army Reserve if the Secretary of the Army requests
the waiver and, in the judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the position; and
``(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Army Reserve is
appointed for a period of four years, but may be removed for cause at
any time. An officer serving as Chief of Army Reserve may be reappointed
for one additional four-year period.
``(2) The Chief of Army Reserve, while so serving, holds the grade of
lieutenant general.''.
(b) Chief of Naval Reserve.--Subsections (b) and (c) of section 5143
of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Naval Reserve from
flag officers of the Navy (as defined in section 5001(1)) who have had
at least 10 years of commissioned service.
``(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Chief of Naval Reserve unless the officer--
``(A) is recommended by the Secretary of the Navy; and
``(B) is determined by the Chairman of the Joint Chiefs of Staff, in
accordance with criteria and as a result of a process established by the
Chairman, to have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of Naval
Reserve shall be counted for purposes of the grade limitations under
sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment of an
officer as Chief of Naval Reserve if the Secretary of the Navy requests
the waiver and, in the judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the position; and
``(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Naval Reserve is
appointed for a term determined by the Chief of Naval Operations,
normally four years, but may be removed for cause at any time. An
officer serving as Chief of Naval Reserve may be reappointed for one
additional term of up to four years.
``(2) The Chief of Naval Reserve, while so serving, holds the grade
of vice admiral.''.
(c) Commander, Marine Forces Reserve.--Subsections (b) and (c) of
section 5144 of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the advice and
consent of the Senate, shall appoint the Commander, Marine Forces
Reserve, from general officers of the Marine Corps (as defined in
section 5001(2)) who have had at least 10 years of commissioned service.
``(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Commander, Marine Forces Reserve, unless
the officer--
``(A) is recommended by the Secretary of the Navy; and
``(B) is determined by the Chairman of the Joint Chiefs of Staff, in
accordance with criteria and as a result of a process established by the
Chairman, to have significant joint duty experience.
``(3) An officer on active duty for service as the Commander, Marine
Forces Reserve, shall be counted for purposes of the grade limitations
under sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment of an
officer as Commander, Marine Forces Reserve, if the Secretary of the
Navy requests the waiver and, in the judgment of the Secretary of
Defense--
``(A) the officer is qualified for service in the position; and
``(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Commander, Marine Forces
Reserve, is appointed for a term determined by the Commandant of the
Marine Corps, normally four years, but may be removed for cause at any
time. An officer serving as Commander, Marine Forces Reserve, may be
reappointed for one additional term of up to four years.
``(2) The Commander, Marine Forces Reserve, while so serving, holds
the grade of lieutenant general.''.
(d) Chief of Air Force Reserve.--Subsections (b) and (c) of section
8038 of such title are amended to read as follows:
``(b) Appointment.--(1) The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Air Force Reserve from
general officers of the Air Force Reserve who have had at least 10 years
of commissioned service in the Air Force.
``(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Chief of Air Force Reserve unless the
officer--
``(A) is recommended by the Secretary of the Air Force; and
``(B) is determined by the Chairman of the Joint Chiefs of Staff, in
accordance with criteria and as a result of a process established by the
Chairman, to have significant joint duty experience.
``(3) An officer on active duty for service as the Chief of Air Force
Reserve shall be counted for purposes of the grade limitations under
sections 525 and 526 of this title.
``(4) Until October 1, 2003, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment of an
officer as Chief of Air Force Reserve if the Secretary of the Air Force
requests the waiver and, in the judgment of the Secretary of Defense--
``(A) the officer is qualified for service in the position; and
``(B) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(c) Term; Reappointment; Grade.--(1) The Chief of Air Force Reserve
is appointed for a period of four years, but may be removed for cause at
any time. An officer serving as Chief of Air Force Reserve may be
reappointed for one additional four-year period.
``(2) The Chief of Air Force Reserve, while so serving, holds the
grade of lieutenant general.''.
(e) Directors in the National Guard Bureau.--Section 10506(a) of such
title is amended--
(1) in subparagraphs (A) and (B) of paragraph (1), by striking
``while so serving shall hold the grade of major general or, if
appointed to that position in accordance with section 12505(a)(2) of
this title, the grade of lieutenant general, and'' and inserting ``shall
be appointed in accordance with paragraph (3), shall hold the grade of
lieutenant general while so serving, and shall''; and
(2) by adding at the end the following new paragraph:
``(3)(A) The President, by and with the advice and consent of the
Senate, shall appoint the Director, Army National Guard, from general
officers of the Army National Guard of the United States and shall
appoint the Director, Air National Guard, from general officers of the
Air National Guard of the United States.
``(B) The Secretary of Defense may not recommend an officer to the
President for appointment as Director, Army National Guard, or as
Director, Air National Guard, unless the officer--
``(i) is recommended by the Secretary of the military department
concerned; and
``(ii) is determined by the Chairman of the Joint Chiefs of Staff,
in accordance with criteria and as a result of a process established by
the Chairman, to have significant joint duty experience.
``(C) An officer on active duty for service as the Director, Army
National Guard, or the Director, Air National Guard, shall be counted
for purposes of the grade limitations under sections 525 and 526 of this
title.
``(D) Until October 1, 2003, the Secretary of Defense may waive
clause (ii) of subparagraph (B) with respect to the appointment of an
officer as Director, Army National Guard, or as Director, Air National
Guard, if the Secretary of the military department concerned requests
the waiver and, in the judgment of the Secretary of Defense--
``(i) the officer is qualified for service in the position; and
``(ii) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.
``(E) The Director, Army National Guard, and the Director, Air
National Guard, are appointed for a period of four years, but may be
removed for cause at any time. An officer serving as either Director may
be reappointed for one additional four-year period.''.
(f) Repeal of Superseded Section.--(1) Section 12505 of such title is
repealed.
(2) The table of sections at the beginning of chapter 1213 is amended
by striking the item relating to section 12505.
(g) Conforming Increase in Authorized Number of O 9
Positions.--Section 525(b) of such title is amended--
(1) in paragraph (1)--
(A) by striking ``Army, Air Force, or Marine Corps'' in the first
sentence and inserting ``Army or Air Force'';
(B) by striking ``15 percent'' both places it appears and inserting
``15.7 percent'';
(C) by striking ``In the case of the Army and Air Force, of'' at the
beginning of the second sentence and inserting ``Of''; and
(D) by inserting ``of the Army or Air Force'' in the second sentence
after ``general officers''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' after ``(2)'';
(B) by striking ``15 percent'' both places it appears and inserting
``15.7 percent''; and
(C) by adding at the end the following:
``(B) No appointment may be made in a grade above major general in
the Marine Corps if that appointment would result in more than 16.2
percent of the general officers of the Marine Corps on active duty being
in grades above major general.''.
(h) Study of Increase in Grade for Vice Chief of National Guard
Bureau.--(1) The Secretary of Defense shall conduct a study of the
advisability of changing the grade authorized for the Vice Chief of the
National Guard Bureau from major general to lieutenant general.
(2) As part of the study, the Chief of the National Guard Bureau
shall submit to the Secretary of Defense an analysis of the functions
and responsibilities of the Vice Chief of the National Guard Bureau and
the Chief's recommendation as to whether the grade for the Vice Chief
should be changed from major general to lieutenant general.
(3) Not later than February 1, 2001, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the study. The report shall include the
following--
(A) the recommendation of the Chief of the National Guard Bureau and
any other information provided by the Chief to the Secretary of Defense
pursuant to paragraph (2);
(B) the conclusions resulting from the study; and
(C) the Secretary's recommendations regarding whether the grade
authorized for the Vice Chief of the National Guard Bureau should be
changed to lieutenant general.
(i) Implementation.--(1) An appointment or reappointment, in the case
of the incumbent in a reserve component chief position, shall be made to
each of the reserve component chief positions not later than 12 months
after the date of the enactment of this Act, in accordance with the
amendments made by subsections (a) through (e).
(2) An officer serving in a reserve component chief position on the
date of the enactment of this Act may be reappointed to that position
under the amendments made by subsection (a) through (e), if eligible and
otherwise qualified in accordance with those amendments. If such an
officer is so reappointed, the appointment may be made for the remainder
of the officer's original term or for a full new term, as specified at
the time of the appointment.
(3) An officer serving on the date of the enactment of this Act in a
reserve component chief position may continue to serve in that position
in accordance with the provisions of law in effect immediately before
the amendments made by this section until a successor is appointed under
paragraph (1) (or that officer is reappointed under paragraph (1)).
(4) The amendments made by subsection (g) shall be implemented so
that each increase authorized by those amendments in the number of
officers in the grades of lieutenant general and vice admiral is
implemented on a case-by-case basis with an initial appointment made
after the date of the enactment of this Act, as specified in paragraph
(1), to a reserve component chief position.
(5) For purposes of this subsection, the term ``reserve component
chief position'' means a position specified in section 3038, 5143, 5144,
or 8038 of title 10, United States Code, or the position of Director,
Army National Guard or Director, Air National Guard under section
10506(a)(1) of such title.
SEC. 508. REVISION TO RULES FOR ENTITLEMENT TO SEPARATION PAY
FOR REGULAR AND RESERVE OFFICERS.
(a) Regular Officers.--Subsection (a) of section 1174 of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) Notwithstanding paragraphs (1) and (2), an officer who is
subject to discharge under any provision of chapter 36 of this title or
under section 580 or 6383 of this title by reason of having twice failed
of selection for promotion to the next higher grade is not entitled to
separation pay under this section if that officer, after such second
failure of selection for promotion, is selected for, and declines,
continuation on active duty for a period that is equal to or more than
the amount of service required to qualify the officer for retirement.''.
(b) Reserve Officers.--Subsection (c) of such section is amended by
adding at the end the following new paragraph:
``(4) In the case of an officer who is subject to discharge or
release from active duty under a law or regulation requiring that an
officer who has failed of selection for promotion to the next higher
grade for the second time be discharged or released from active duty and
who, after such second failure of selection for promotion, is selected
for, and declines, continuation on active duty--
``(A) if the period of time for which the officer was selected for
continuation on active duty is less than the amount of service that
would be required to qualify the officer for retirement, the officer's
discharge or release from active duty shall be considered to be
involuntary for purposes of paragraph (1)(A); and
``(B) if the period of time for which the officer was selected for
continuation on active duty is equal to or more than the amount of
service that would be required to qualify the officer for retirement,
the officer's discharge or release from active duty shall not be
considered to be involuntary for the purposes of paragraph (1)(A).''.
(c) Effective Date.--Paragraph (4) of section 1174(a) of title 10,
United States Code, as added by subsection (a), and paragraph (4) of
section 1174(c) of such title, as added by subsection (b), shall apply
with respect to any offer of selective continuation on active duty that
is declined on or after the date of the enactment of this Act.
Subtitle B--Reserve Component Personnel Policy
SEC. 521. EXEMPTION FROM ACTIVE-DUTY LIST FOR RESERVE OFFICERS
ON ACTIVE DUTY FOR A PERIOD OF THREE YEARS OR LESS.
Section 641(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (D) through (G) as subparagraphs
(E) through (H), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) on the reserve active-status list who are on active duty under
section 12301(d) of this title, other than as provided in subparagraph
(C), under a call or order to active duty specifying a period of three
years or less;''.
SEC. 522. TERMINATION OF APPLICATION REQUIREMENT FOR
CONSIDERATION OF OFFICERS FOR CONTINUATION ON THE RESERVE ACTIVE-STATUS
LIST.
Section 14701(a)(1) of title 10, United States Code, is amended by
striking ``Upon application, a reserve officer'' and inserting ``A
reserve officer''.
SEC. 523. AUTHORITY TO RETAIN AIR FORCE RESERVE OFFICERS IN
ALL MEDICAL SPECIALTIES UNTIL SPECIFIED AGE.
Section 14703(a)(3) of title 10, United States Code, is amended by
striking ``veterinary officer'' and all that follows through the period
and inserting ``Air Force nurse, Medical Service Corps officer,
biomedical sciences officer, or chaplain.''.
SEC. 524. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO RESERVE
COMPONENT MEMBERS FOLLOWING RELEASE FROM ACTIVE DUTY.
(a) Legal Services.--Section 1044(a) of title 10, United States Code,
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph (4):
``(4) Members of reserve components not covered by paragraph (1) or
(2) following release from active duty under a call or order to active
duty for more than 30 days issued under a mobilization authority (as
determined by the Secretary of Defense), for a period of time,
prescribed by the Secretary of Defense, that begins on the date of the
release and is not less than twice the length of the period served on
active duty under that call or order to active duty.''.
(b) Dependents.--Paragraph (5) of such section, as redesignated by
subsection (a)(1), is amended by striking ``and (3)'' and inserting
``(3), and (4)''.
(c) Implementing Regulations.--Regulations to implement the
amendments made by this section shall be prescribed not later than 180
days after the date of the enactment of this Act.
SEC. 525. EXTENSION OF INVOLUNTARY CIVIL SERVICE RETIREMENT
DATE FOR CERTAIN RESERVE TECHNICIANS.
(a) Mandatory Retirement Not Applicable Until Age 60.--Section 10218
of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``and is age 60 or older at that time'' after
``unreduced annuity'' in paragraph (2);
(B) by inserting ``or is under age 60 at that time'' after
``unreduced annuity'' in paragraph (3)(A); and
(C) by inserting ``and becoming 60 years of age'' after ``unreduced
annuity'' in paragraph (3)(B)(ii)(I); and
(2) in subsection (b)--
(A) by inserting ``and is age 60 or older'' after ``unreduced
annuity'' in paragraph (1);
(B) by inserting ``or is under age 60'' after ``unreduced annuity''
in paragraph (2)(A); and
(C) by inserting ``and becoming 60 years of age'' after ``unreduced
annuity'' in paragraph (2)(B)(ii)(I).
(b) Transition Provision.--(1) An individual who before the date of
the enactment of this Act was involuntarily separated or retired from
employment as an Army Reserve or Air Force Reserve technician under
section 10218 of title 10, United States Code, and who would not have
been so separated if the provisions of subsection (c) of that section,
as amended by subsection (a), had been in effect at the time of such
separation may, with the approval of the Secretary concerned, be
reinstated to the technician status held by that individual immediately
before that separation. The effective date of any such reinstatement is
the date the employee resumes technician status.
(2) The authority under paragraph (1) applies only to reinstatement
for which an application is received by the Secretary concerned before
the end of the one-year period beginning on the date of the enactment of
this Act.
Subtitle C--Education and Training
SEC. 531. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESIDENTIAL
APPOINTMENT TO SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4342(b)(1) of title 10,
United States Code, is amended--
(1) in subparagraph (B), by striking ``, other than those granted
retired pay under section 12731 of this title (or under section 1331 of
this title as in effect before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components and are credited
with at least eight years of service computed under section 12733 of
this title; or
``(D) would be, or who died while they would have been, entitled to
retired pay under chapter 1223 of this title except for not having
attained 60 years of age;''.
(b) United States Naval Academy.--Section 6954(b)(1) of such title is
amended--
(1) in subparagraph (B), by striking ``, other than those granted
retired pay under section 12731 of this title (or under section 1331 of
this title as in effect before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components and are credited
with at least eight years of service computed under section 12733 of
this title; or
``(D) would be, or who died while they would have been, entitled to
retired pay under chapter 1223 of this title except for not having
attained 60 years of age;''.
(c) United States Air Force Academy.--Section 9342(b)(1) of such
title is amended--
(1) in subparagraph (B), by striking ``, other than those granted
retired pay under section 12731 of this title (or under section 1331 of
this title as in effect before the effective date of the Reserve Officer
Personnel Management Act)''; and
(2) by inserting after subparagraph (B) the following:
``(C) are serving as members of reserve components and are credited
with at least eight years of service computed under section 12733 of
this title; or
``(D) would be, or who died while they would have been, entitled to
retired pay under chapter 1223 of this title except for not having
attained 60 years of age;''.
SEC. 532. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUCTION
AT SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4344(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(3) In selecting persons to receive instruction under this section
from among applicants from the countries approved under paragraph (2),
the Secretary of the Army shall give a priority to persons who have a
national service obligation to their countries upon graduation from the
Academy.''.
(b) United States Naval Academy.--Section 6957(a) of such title is
amended by adding at the end the following new paragraph:
``(3) In selecting persons to receive instruction under this section
from among applicants from the countries approved under paragraph (2),
the Secretary of the Navy shall give a priority to persons who have a
national service obligation to their countries upon graduation from the
Academy.''.
(c) United States Air Force Academy.--Section 9344(a) of such title
is amended by adding at the end the following new paragraph:
``(3) In selecting persons to receive instruction under this section
from among applicants from the countries approved under paragraph (2),
the Secretary of the Air Force shall give a priority to persons who have
a national service obligation to their countries upon graduation from
the Academy.''.
(d) Applicability.--The amendments made by this section shall apply
with respect to academic years that begin after October 1, 2000.
SEC. 533. REVISION OF COLLEGE TUITION ASSISTANCE PROGRAM FOR
MEMBERS OF MARINE CORPS PLATOON LEADERS CLASS PROGRAM.
(a) Eligibility of Officers.--Section 16401 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``enlisted'' in the matter
preceding paragraph (1); and
(2) in subsection (b)(1)--
(A) by striking ``an enlisted member'' in the matter preceding
subparagraph (A) and inserting ``a member''; and
(B) by striking ``an officer candidate in'' in subparagraph (A) and
inserting ``a member of''.
(b) Repeal of Age Limitations.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C) and (D) as subparagraphs (B)
and (C), respectively; and
(C) in subparagraph (C), as so redesignated, by striking ``paragraph
(3)'' and inserting ``paragraph (2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking ``paragraph
(1)(D)'' and inserting ``paragraph (1)(C)''.
(c) Candidates for Law Degrees.--Subsection (a)(2) of such section is
amended by striking ``three'' and inserting ``four''.
(d) Sanctions; Exceptions.--Subsection (f) of such section is
amended--
(1) in paragraph (1)--
(A) by striking ``A member who'' and inserting ``An enlisted member
who'';
(B) by inserting ``and an officer who receives financial assistance
under this section may be required to repay the full amount of financial
assistance,'' after ``for more than four years,''; and
(C) by inserting ``or, if already a commissioned officer in the
Marine Corps, refuses to accept an assignment on active duty when
offered'' in subparagraph (A) after ``when offered''; and
(2) by striking paragraph (2) and inserting the following:
``(2) The Secretary of the Navy may waive the requirements of
paragraph (1) in the case of a person who--
``(A) becomes unqualified to serve on active duty as an officer due
to a circumstance not within the control of the person;
``(B) is not physically qualified for appointment under section 532
of this title and later is determined by the Secretary of the Navy under
section 505 of this title to be unqualified for service as an enlisted
member of the Marine Corps due to a physical or medical condition that
was not the result of misconduct or grossly negligent conduct; or
``(C) fails to complete the military or academic requirements of the
Marine Corps Platoon Leaders Class program due to a circumstance not
within the control of the person.''.
(e) Clarification of Service Excluded in Computation of Creditable
Service as a Marine Corps Officer.--(1) Section 205(f) of title 37,
United States Code, is amended by striking ``that the officer performed
concurrently as a member'' and inserting ``that the officer performed
concurrently as an enlisted member''.
(2) Such section is further amended by striking ``section 12209'' and
inserting ``section 12203''.
(f) Amendments of Headings.--(1) The heading of section 16401 of
title 10, United States Code, is amended to read as follows:
``16401. Marine Corps Platoon Leaders Class: college tuition
assistance program''.
(2) The heading for subsection (a) of such section is amended by
striking `` for Financial Assistance Program''.
(g) Clerical Amendment.--The item relating to such section in the
table of chapters at the beginning of chapter
1611 of title 10, United States Code, is amended to read as follows:
``16401. Marine Corps Platoon Leaders Class: college tuition
assistance program.''.
SEC. 534. REVIEW OF ALLOCATION OF JUNIOR RESERVE OFFICERS
TRAINING CORPS UNITS AMONG THE SERVICES.
(a) Reallocation of JROTC Units.--Not later than March 31, 2001, the
Secretary of Defense shall--
(1) review the allocation among the military departments of the
statutory maximum number of Junior Reserve Officers' Training Corps
(JROTC) units; and
(2) redistribute the allocation of those units planned (as of the
date of the enactment of this Act) for fiscal years 2001 through 2006 so
as to increase the number of units for a military department that
proposes to more quickly eliminate the current waiting list for such
units and to commit the necessary resources for that purpose.
(b) Proposal for Increase in Statutory Maximum.--If, based on the
review under subsection (a) and the redistribution of the allocation of
JROTC units under that subsection, the Secretary determines that an
increase in the statutory maximum number of such units is warranted, the
Secretary shall include a proposal for such an increase in the budget
proposal of the Department of Defense for fiscal year 2002.
SEC. 535. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL TO ENROLL
CERTAIN DEFENSE INDUSTRY CIVILIANS IN SPECIFIED PROGRAMS RELATING TO
DEFENSE PRODUCT DEVELOPMENT.
(a) In General.--(1) Chapter 605 of title 10, United States Code, is
amended by adding at the end the following new section:
``7049. Defense industry civilians: admission to defense
product development program
``(a) Authority for Admission.--The Secretary of the Navy may permit
eligible defense industry employees to receive instruction at the Naval
Postgraduate School in accordance with this section. Any such defense
industry employee may only be enrolled in, and may only be provided
instruction in, a program leading to a masters's degree in a curriculum
related to defense product development. No more than 10 such defense
industry employees may be enrolled at any one time. Upon successful
completion of the course of instruction in which enrolled, any such
defense industry employee may be awarded an appropriate degree under
section 7048 of this title.
``(b) Eligible Defense Industry Employees.--For purposes of this
section, an eligible defense industry employee is an individual employed
by a private firm that is engaged in providing to the Department of
Defense significant and substantial defense-related systems, products,
or services. A defense industry employee admitted for instruction at the
school remains eligible for such instruction only so long at that person
remains employed by the same firm.
``(c) Annual Certification by the Secretary of the Navy.--Defense
industry employees may receive instruction at the school during any
academic year only if, before the start of that academic year, the
Secretary of the Navy determines, and certifies to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives, that providing instruction to defense industry
employees under this section during that year--
``(1) will further the military mission of the school;
``(2) will enhance the ability of the Department of Defense and
defense-oriented private sector contractors engaged in the design and
development of defense systems to reduce the product and project lead
times required to bring such systems to initial operational capability;
and
``(3) will be done on a space-available basis and not require an
increase in the size of the faculty of the school, an increase in the
course offerings of the school, or an increase in the laboratory
facilities or other infrastructure of the school.
``(d) Program Requirements.--The Secretary of the Navy shall ensure
that--
``(1) the curriculum for the defense product development program in
which defense industry employees may be enrolled under this section is
not readily available through other schools and concentrates on defense
product development functions that are conducted by military
organizations and defense contractors working in close cooperation; and
``(2) the course offerings at the school continue to be determined
solely by the needs of the Department of Defense.
``(e) Tuition.--The Superintendent of the school shall charge tuition
for students enrolled under this section at a rate not less than the
rate charged for employees of the United States outside the Department
of the Navy.
``(f) Standards of Conduct.--While receiving instruction at the
school, students enrolled under this section, to the extent practicable,
are subject to the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to Government
civilian employees receiving instruction at the school.
``(g) Use of Funds.--Amounts received by the school for instruction
of students enrolled under this section shall be retained by the school
to defray the costs of such instruction. The source, and the
disposition, of such funds shall be specifically identified in records
of the school.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``7049. Defense industry civilians: admission to defense product
development program.''.
(b) Program Evaluation and Report.--(1) Before the start of the
fourth year of instruction, but no earlier than the start of the third
year of instruction, of defense industry employees at the Naval
Postgraduate School under section 7049 of title 10, United States Code,
as added by subsection (a), the Secretary of the Navy shall conduct an
evaluation of the admission of such students under that section. The
evaluation shall include the following:
(A) An assessment of whether the authority for instruction of
nongovernment civilians at the school has resulted in a discernible
benefit for the Government.
(B) Determination of whether the receipt and disposition of funds
received by the school as tuition for instruction of such civilians at
the school have been properly identified in records of the school.
(C) A summary of the disposition and uses made of those funds.
(D) An assessment of whether instruction of such civilians at the
school is in the best interests of the Government.
(2) Not later than 30 days after completing the evaluation referred
to in paragraph (1), the Secretary of the Navy shall submit to the
Secretary of Defense a report on the program under such section. The
report shall include--
(A) the results of the evaluation under paragraph (1);
(B) the Secretary's conclusions and recommendation with respect to
continuing to allow nongovernment civilians to receive instruction at
the Naval Postgraduate School as part of a program related to defense
product development; and
(C) any proposals for legislative changes recommended by the
Secretary.
(3) Not later than 60 days after receiving the report of the
Secretary of the Navy under paragraph (2), the Secretary of Defense
shall submit the report, together with any comments that the Secretary
considers appropriate, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
Subtitle D--Decorations, Awards, and Commendations
SEC. 541. LIMITATION ON AWARD OF BRONZE STAR TO MEMBERS IN
RECEIPT OF IMMINENT DANGER PAY.
(a) In General.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``1133. Bronze Star: limitation to members receiving imminent danger pay
``The decoration known as the `Bronze Star' may only be awarded to a
member of the armed forces who is in receipt of special pay under
section 310 of title 37 at the time of the events for which the
decoration is to be awarded or who receives such pay as a result of
those events.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1133. Bronze star: limitation to members receiving imminent
danger pay.''.
SEC. 542. CONSIDERATION OF PROPOSALS FOR POSTHUMOUS OR
HONORARY PROMOTIONS OR APPOINTMENTS OF MEMBERS OR FORMER MEMBERS OF THE
ARMED FORCES AND OTHER QUALIFIED PERSONS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and recommendation
``(a) Review by Secretary Concerned.--Upon request of a Member of
Congress, the Secretary concerned shall review a proposal for the
posthumous or honorary promotion or appointment of a member or former
member of the armed forces, or any other person considered qualified,
that is not otherwise authorized by law. Based upon such review, the
Secretary shall make a determination as to the merits of approving the
posthumous or honorary promotion or appointment and the other
determinations necessary to comply with subsection (b).
``(b) Notice of Results of Review.--Upon making a determination under
subsection (a) as to the merits of approving the posthumous or honorary
promotion or appointment, the Secretary concerned shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives and to the requesting Member of
Congress notice in writing of one of the following:
``(1) The posthumous or honorary promotion or appointment does not
warrant approval on the merits.
``(2) The posthumous or honorary promotion or appointment warrants
approval and authorization by law for the promotion or appointment is
recommended.
``(3) The posthumous or honorary promotion or appointment warrants
approval on the merits and has been recommended to the President as an
exception to policy.
``(4) The posthumous or honorary promotion or appointment warrants
approval on the merits and authorization by law for the promotion or
appointment is required but is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a
statement of the reasons for the decision of the Secretary.
``(c) Definition.--In this section, the term `Member of Congress'
means--
``(1) a Senator; or
``(2) a Representative in, or a Delegate or Resident Commissioner
to, Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and
recommendation.''.
SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the time
within which a recommendation for the award of a military decoration or
award must be submitted shall not apply to awards of decorations
described in this section, the award of each such decoration having been
determined by the Secretary concerned to be warranted in accordance with
section 1130 of title 10, United States Code.
(b) Silver Star.--Subsection (a) applies to the award of the Silver
Star to Louis Rickler, of Rochester, New York, for gallantry in action
from August 18 to November 18, 1918, while serving as a member of the
Army.
(c) Distinguished Flying Cross.--Subsection (a) applies to the award
of the Distinguished Flying Cross for service during World War II or
Korea (including multiple awards to the same individual) in the case of
each individual concerning whom the Secretary of the Navy (or an officer
of the Navy acting on behalf of the Secretary) submitted to the
Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate, during the period beginning
on October 5, 1999, and ending on the day before the date of the
enactment of this Act, a notice as provided in section 1130(b) of title
10, United States Code, that the award of the Distinguished Flying Cross
to that individual is warranted and that a waiver of time restrictions
prescribed by law for recommendation for such award is recommended.
SEC. 544. ADDITION OF CERTAIN INFORMATION TO MARKERS ON GRAVES
CONTAINING REMAINS OF CERTAIN UNKNOWNS FROM THE U.S.S. ARIZONA WHO DIED
IN THE JAPANESE ATTACK ON PEARL HARBOR ON DECEMBER 7, 1941.
(a) Information To Be Provided Secretary of Veterans Affairs.--The
Secretary of the Army shall provide to the Secretary of Veterans Affairs
certain information, as specified in subsection (b), pertaining to the
remains of certain unknown persons that are interred in the National
Memorial Cemetery of the Pacific, Honolulu, Hawaii. The Secretary of
Veterans Affairs shall add to the inscriptions on the markers on the
graves containing those remains the information provided.
(b) Information To Be Added--The information to be added to grave
markers under subsection (a)--
(1) shall be determined by the Secretary of the Army, based on a
review of the information that, as of the date of the enactment of this
Act, has been authenticated by the director of the Naval Historical
Center, Washington, D.C., pertaining to the interment of remains of
certain unknown casualties from the U.S.S. Arizona who died as a result
of the Japanese attack on Pearl Harbor on December 7, 1941; and
(2) shall, at a minimum, indicate that the interred remains are from
the U.S.S. Arizona.
(c) Limitation of Scope of Section.--This section does not impose any
requirement on the Secretary of the Army to undertake a review of any
information pertaining to the interred remains of any unknown person
other than as provided in subsection (b).
SEC. 545. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION OF
CAPTAIN CHARLES BUTLER McVAY, COMMANDER OF THE U.S.S. INDIANAPOLIS, AND
ON THE COURAGEOUS SERVICE OF THE CREW OF THAT VESSEL.
(a) Findings.--Congress makes the following findings:
(1) Shortly after midnight on the morning of July 30, 1945, during
the closing days of World War II, the United States Navy heavy cruiser
U.S.S. Indianapolis (CA 35) was torpedoed and sunk by the Japanese
submarine I 58 in what became the worst sea disaster in the history of
the United States Navy.
(2) Although approximately 900 of the ship's crew of 1,196 survived
the actual sinking, only 316 of those courageous sailors survived when
rescued after four and a half days adrift in the open sea, the remainder
having perishing from battle wounds, drowning, predatory shark attacks,
exposure to the elements, and lack of food and potable water.
(3) Rescue for the remaining 316 sailors came only when they were
spotted by chance by Navy Lieutenant Wilbur C. Gwinn while flying a
routine naval air patrol mission.
(4) After the end of World War II, the commanding officer of the
U.S.S. Indianapolis, Captain Charles Butler McVay, III, who was rescued
with the other survivors, was court-martialed for ``suffering a vessel
to be hazarded through negligence'' by failing to zigzag (a naval tactic
employed to help evade submarine attacks) and was convicted even
though--
(A) the choice to zigzag was left to Captain McVay's discretion in
his orders; and
(B) Motchisura Hashimoto, the commander of the Japanese submarine
that sank the U.S.S. Indianapolis, and Glynn R. Donaho, a United States
Navy submarine commander highly decorated for his service during World
War II, both testified at Captain McVay's court-martial trial that the
Japanese submarine could have sunk the U.S.S. Indianapolis whether or
not it had been zigzagging, an assertion that has since been reaffirmed
in a letter to the Chairman of the Committee on Armed Services of the
Senate dated November 24, 1999.
(5) Although not argued by Captain McVay's defense counsel in the
court-martial trial, poor visibility on the night of the sinking (as
attested in surviving crew members' handwritten accounts recently
discovered at the National Archives) justified Captain McVay's choice
not to zigzag as that choice was consistent with the applicable Navy
directives in force in 1945, which stated that, ``During thick weather
and at night, except on very clear nights or during bright moonlight,
vessels normally cease zig-zagging.''.
(6) Before the U.S.S. Indianapolis sailed from Guam on what became
her final voyage, Naval officials failed to provide Captain McVay with
available support that was critical to the safety of the U.S.S.
Indianapolis and her crew by--
(A) disapproving a request made by Captain McVay for a destroyer
escort for the U.S.S. Indianapolis across the Philippine Sea as being
``not necessary'';
(B) not informing Captain McVay that naval intelligence sources,
through signal intelligence (the Japanese code having been broken
earlier in World War II), had become aware that the Japanese submarine I
58 was operating in the area of the U.S.S. Indianapolis' course (as
disclosed in evidence presented in a hearing of the Committee on Armed
Services of the Senate conducted September 14, 1999); and
(C) not informing Captain McVay of the sinking of the destroyer
escort U.S.S. Underhill by a Japanese submarine within range of the
course of the U.S.S. Indianapolis four days before the U.S.S.
Indianapolis departed Guam for the Philippine Islands.
(7) Captain McVay's court-martial initially was opposed by his
immediate command superiors, Fleet Admiral Chester Nimitz (CINCPAC) and
Vice Admiral Raymond Spruance of the 5th fleet, for whom the U.S.S.
Indianapolis had served as flagship, but, despite their recommendations,
Secretary of the Navy James Forrestal ordered the court-martial, largely
on the basis of the recommendation of Fleet Admiral Ernest King, Chief
of Naval Operations.
(8) There is no explanation on the public record for the overruling
by Secretary Forrestal of the recommendations made by Admirals Nimitz
and Spruance.
(9) Captain McVay was the only commander of a United States Navy
vessel lost in combat to enemy action during World War II who was
subjected to a court-martial trial for such a loss, even though several
hundred United States Navy ships were lost in combat to enemy action
during World War II.
(10) The survivors of the U.S.S. Indianapolis overwhelmingly
conclude that Captain McVay was not at fault in the loss of the
Indianapolis and have dedicated their lives to vindicating their Captain
McVay.
(11) Although promoted to the grade of rear admiral in accordance
with then-applicable law upon retirement from the Navy in 1949, Captain
McVay never recovered from the stigma of his post-war court-martial and
in 1968, tragically, took his own life.
(12) Charles Butler McVay, III--
(A) was a graduate of the United States Naval Academy;
(B) was an exemplary career naval officer with an outstanding record
(including participation in the amphibious invasions of North Africa,
the assault on Iwo Jima, and the assault on Okinawa where the U.S.S.
Indianapolis under his command survived a fierce kamikaze attack);
(C) was a recipient of the Silver Star earned for courage under fire
during the Solomon Islands campaign; and
(D) with the crew of the U.S.S. Indianapolis, had so thoroughly
demonstrated proficiency in naval warfare that the Navy entrusted him
and the crew of the U.S.S. Indianapolis with transporting to the Pacific
theater components necessary for assembling the atomic bombs that were
exploded over Hiroshima and Nagasaki to end the war with Japan (delivery
of such components to the island of Tinian having been accomplished on
July 25, 1945).
(b) Sense of Congress Concerning Charles Butler McVay, III.--With
respect to the sinking of the U.S.S. Indianapolis (CA 35) on July 30,
1945, and the subsequent court-martial conviction of the ship's
commanding officer, Captain Charles Butler McVay, III, arising from that
sinking, it is the sense of Congress, based on the review of evidence by
the Senate and the House of Representatives--
(1) that, in light of the remission by the Secretary of the Navy of
the sentence of the court-martial and the restoration of Captain McVay
to active duty by the Chief of Naval Operations, Fleet Admiral Chester
Nimitz, the American people should now recognize Captain McVay's lack of
culpability for the tragic loss of the U.S.S. Indianapolis and the lives
of the men who died as a result of the sinking of that vessel; and
(2) that, in light of the fact that certain exculpatory information
was not available to the court-martial board and that Captain McVay's
conviction resulted therefrom, Captain McVay's military record should
now reflect that he is exonerated for the loss of the U.S.S.
Indianapolis and so many of her crew.
(c) Unit Citation for Final Crew of U.S.S. Indianapolis.--The
Secretary of the Navy should award a Navy Unit Commendation to the
U.S.S. Indianapolis (CA 35) and her final crew.
SEC. 546. POSTHUMOUS ADVANCEMENT ON RETIRED LIST OF REAR
ADMIRAL HUSBAND E. KIMMEL AND MAJOR GENERAL WALTER C. SHORT, SENIOR
OFFICERS IN COMMAND IN HAWAII ON DECEMBER 7, 1941.
(a) Findings.--Congress makes the following findings:
(1) The late Rear Admiral Husband E. Kimmel, while serving in the
temporary grade of admiral, was the Commander in Chief of the United
States Fleet and the Commander in Chief, United States Pacific Fleet, at
the time of the Japanese attack on Pearl Harbor, Hawaii, on December 7,
1941, with an excellent and unassailable record throughout his career in
the United States Navy before that date.
(2) The late Major General Walter C. Short, while serving in the
temporary grade of lieutenant general, was the Commander of the United
States Army Hawaiian Department, at the time of the Japanese attack on
Pearl Harbor, Hawaii, on December 7, 1941, with an excellent and
unassailable record throughout his career in the United States Army
before that date.
(3) Numerous investigations following the attack on Pearl Harbor
have documented that Admiral Kimmel and Lieutenant General Short were
not provided necessary and critical intelligence that was available,
that foretold of war with Japan, that warned of imminent attack, and
that would have alerted them to prepare for the attack, including such
essential communiques as the Japanese Pearl Harbor Bomb Plot message of
September 24, 1941, and the message sent from the Imperial Japanese
Foreign Ministry to the Japanese Ambassador in the United States from
December 6 to 7, 1941, known as the Fourteen-Part Message.
(4) On December 16, 1941, Admiral Kimmel and Lieutenant General
Short were relieved of their commands and returned to their permanent
grades of rear admiral and major general, respectively.
(5) Admiral William Harrison Standley, who served as a member of the
investigating commission known as the Roberts Commission that accused
Admiral Kimmel and Lieutenant General Short of ``dereliction of duty''
only six weeks after the attack on Pearl Harbor, later disavowed the
report, maintaining that ``these two officers were martyred'' and ``if
they had been brought to trial, both would have been cleared of the
charge''.
(6) On October 19, 1944, a Naval Court of Inquiry--
(A) exonerated Admiral Kimmel on the grounds that his military
decisions and the disposition of his forces at the time of the December
7, 1941, attack on Pearl Harbor were proper ``by virtue of the
information that Admiral Kimmel had at hand which indicated neither the
probability nor the imminence of an air attack on Pearl Harbor'';
(B) criticized the higher command for not sharing with Admiral
Kimmel ``during the very critical period of November 26 to December 7,
1941, important information . . . regarding the Japanese situation'';
and
(C) concluded that the Japanese attack and its outcome was
attributable to no serious fault on the part of anyone in the naval
service.
(7) On June 15, 1944, an investigation conducted by Admiral T. C.
Hart at the direction of the Secretary of the Navy produced evidence,
subsequently confirmed, that essential intelligence concerning Japanese
intentions and war plans was available in Washington but was not shared
with Admiral Kimmel.
(8) On October 20, 1944, the Army Pearl Harbor Board of
Investigation determined that--
(A) Lieutenant General Short had not been kept ``fully advised of
the growing tenseness of the Japanese situation which indicated an
increasing necessity for better preparation for war'';
(B) detailed information and intelligence about Japanese intentions
and war plans were available in ``abundance'' but were not shared with
Lieutenant General Short's Hawaii command; and
(C) Lieutenant General Short was not provided ``on the evening of
December 6th and the early morning of December 7th, the critical
information indicating an almost immediate break with Japan, though
there was ample time to have accomplished this''.
(9) The reports by both the Naval Court of Inquiry and the Army
Pearl Harbor Board of Investigation were kept secret, and Rear Admiral
Kimmel and Major General Short were denied their requests to defend
themselves through trial by court-martial.
(10) The joint committee of Congress that was established to
investigate the conduct of Admiral Kimmel and Lieutenant General Short
completed, on May 31, 1946, a 1,075-page report which included the
conclusions of the committee that the two officers had not been guilty
of dereliction of duty.
(11) On April 27, 1954, the Chief of Naval Personnel, Admiral J. L.
Holloway, Jr., recommended that Rear Admiral Kimmel be advanced in rank
in accordance with the provisions of the Officer Personnel Act of 1947.
(12) On November 13, 1991, a majority of the members of the Board
for the Correction of Military Records of the Department of the Army
found that Major General Short ``was unjustly held responsible for the
Pearl Harbor disaster'' and that ``it would be equitable and just'' to
advance him to the rank of lieutenant general on the retired list.
(13) In October 1994, the Chief of Naval Operations, Admiral
Carlisle Trost, withdrew his 1988 recommendation against the advancement
of Rear Admiral Kimmel and recommended that his case be reopened.
(14) Although the Dorn Report, a report on the results of a
Department of Defense study that was issued on December 15, 1995, did
not provide support for an advancement of Rear Admiral Kimmel or Major
General Short in grade, it did set forth as a conclusion of the study
that ``responsibility for the Pearl Harbor disaster should not fall
solely on the shoulders of Admiral Kimmel and Lieutenant General Short,
it should be broadly shared''.
(15) The Dorn Report found--
(A) that ``Army and Navy officials in Washington were privy to
intercepted Japanese diplomatic communications . . . which provided
crucial confirmation of the imminence of war'';
(B) that ``the evidence of the handling of these messages in
Washington reveals some ineptitude, some unwarranted assumptions and
misestimations, limited coordination, ambiguous language, and lack of
clarification and followup at higher levels''; and
(C) that ``together, these characteristics resulted in failure . . .
to appreciate fully and to convey to the commanders in Hawaii the sense
of focus and urgency that these intercepts should have engendered''.
(16) On July 21, 1997, Vice Admiral David C. Richardson (United
States Navy, retired) responded to the Dorn Report with his own study
which confirmed findings of the Naval Court of Inquiry and the Army
Pearl Harbor Board of Investigation and established, among other facts,
that the war effort in 1941 was undermined by a restrictive intelligence
distribution policy, and the degree to which the commanders of the
United States forces in Hawaii were not alerted about the impending
attack on Hawaii was directly attributable to the withholding of
intelligence from Admiral Kimmel and Lieutenant General Short.
(17) The Officer Personnel Act of 1947, in establishing a promotion
system for the Navy and the Army, provided a legal basis for the
President to honor any officer of the Armed Forces of the United States
who served his country as a senior commander during World War II with a
placement of that officer, with the advice and consent of the Senate, on
the retired list with the highest grade held while on the active duty
list.
(18) Rear Admiral Kimmel and Major General Short are the only two
officers eligible for advancement under the Officer Personnel Act of
1947 as senior World War II commanders who were excluded from the list
of retired officers presented for advancement on the retired lists to
their highest wartime grades under that Act.
(19) This singular exclusion of those two officers from advancement
on the retired list serves only to perpetuate the myth that the senior
commanders in Hawaii were derelict in their duty and responsible for the
success of the attack on Pearl Harbor, a distinct and unacceptable
expression of dishonor toward two of the finest officers who have served
in the Armed Forces of the United States.
(20) Major General Walter Short died on September 23, 1949, and Rear
Admiral Husband Kimmel died on May 14, 1968, without the honor of having
been returned to their wartime grades as were their fellow commanders of
World War II.
(21) The Veterans of Foreign Wars, the Pearl Harbor Survivors
Association, the Admiral Nimitz Foundation, the Naval Academy Alumni
Association, the Retired Officers Association, and the Pearl Harbor
Commemorative Committee, and other associations and numerous retired
military officers have called for the rehabilitation of the reputations
and honor of Admiral Kimmel and Lieutenant General Short through their
posthumous advancement on the retired lists to their highest wartime
grades.
(b) Advancement of Rear Admiral Kimmel and Major General Short on
Retired Lists.--(1) The President is requested--
(A) to advance the late Rear Admiral Husband E. Kimmel, United
States Navy (retired), to the grade of admiral on the retired list of
the Navy; and
(B) to advance the late Major General Walter C. Short, United States
Army (retired), to the grade of lieutenant general on the retired list
of the Army.
(2) Any advancement in grade on a retired list requested under
paragraph (1) shall not increase or change the compensation or benefits
from the United States to which any person is now or may in the future
be entitled based upon the military service of the officer advanced.
(c) Sense of Congress Regarding the Professional Performance of
Admiral Kimmel and Lieutenant General Short.--It is the sense of
Congress--
(1) that the late Rear Admiral Husband E. Kimmel performed his
duties as Commander in Chief, United States Pacific Fleet, competently
and professionally and, therefore, that the losses incurred by the
United States in the attacks on the naval base at Pearl Harbor, Hawaii,
and other targets on the island of Oahu, Hawaii, on December 7, 1941,
were not a result of dereliction in the performance of those duties by
then Admiral Kimmel; and
(2) that the late Major General Walter C. Short performed his duties
as Commanding General, Hawaiian Department, competently and
professionally and, therefore, that the losses incurred by the United
States in the attacks on Hickam Army Air Field and Schofield Barracks,
Hawaii, and other targets on the island of Oahu, Hawaii, on December 7,
1941, were not a result of dereliction in the performance of those
duties by then Lieutenant General Short.
SEC. 547. COMMENDATION OF CITIZENS OF REMY, FRANCE, FOR WORLD
WAR II ACTIONS.
(a) Findings.--The Congress finds the following:
(1) On August 2, 1944, a squadron of P 51s from the United States
364th Fighter Group strafed a German munitions train in Remy, France.
(2) The resulting explosion killed Lieutenant Houston Braly, one of
the attacking pilots, and destroyed much of the village of Remy,
including seven stained glass windows in the 13th century church.
(3) Despite threats of reprisals from the occupying German
authorities, the citizens of Remy recovered Lieutenant Braly's body from
the wreckage, buried his body with dignity and honor in the church's
cemetery, and decorated the grave site daily with fresh flowers.
(4) On Armistice Day, 1995, the village of Remy renamed the
crossroads near the site of Lieutenant Braly's death in his honor.
(5) The surviving members of the 364th Fighter Group desire to
express their gratitude to the brave citizens of Remy.
(6) To express their gratitude, the surviving members of the 364th
Fighter Group have organized a nonprofit corporation to raise funds,
through its project ``Windows for Remy'', to restore the church's
stained glass windows.
(b) Commendation and Recognition.--The Congress commends the bravery
and honor of the citizens of Remy, France, for their actions with
respect to the American fighter pilot Lieutenant Houston Braly during
and after August 1944, and recognizes the efforts of the surviving
members of the United States 364th Fighter Group to raise funds to
restore the stained glass windows of Remy's 13th century church.
SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO WILLIAM
H. PITSENBARGER FOR VALOR DURING THE VIETNAM WAR.
(a) Waiver of Time Limitations.--Notwithstanding the period of
limitations specified in section 8744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Air Force, the President may award
the Medal of Honor under section 8741 of that title, posthumously, to
William H. Pitsenbarger of Piqua, Ohio, for the acts of valor referred
to in subsection (b).
(b) Action Defined.--The acts of valor referred to in subsection (a)
are the actions of William H. Pitsenbarger on April 11, 1966, as an Air
Force pararescue crew member, serving in the grade of Airman First Class
at Cam My, Republic of Vietnam, with Detachment 6, 38th Aerospace Rescue
and Recovery Helicopter Squadron, in support of the combat mission known
as ``Operations Abilene''.
Subtitle E--Military Justice and Legal Assistance Matters
SEC. 551. RECOGNITION BY STATES OF MILITARY TESTAMENTARY INSTRUMENTS.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044c the following new section:
``1044d. Military testamentary instruments: requirement for
recognition by States
``(a) Testamentary Instruments To Be Given Legal Effect.--A military
testamentary instrument--
``(1) is exempt from any requirement of form, formality, or
recording before probate that is provided for testamentary instruments
under the laws of a State; and
``(2) has the same legal effect as a testamentary instrument
prepared and executed in accordance with the laws of the State in which
it is presented for probate.
``(b) Military Testamentary Instruments.--For purposes of this
section, a military testamentary instrument is an instrument that is
prepared with testamentary intent in accordance with regulations
prescribed under this section and that--
``(1) is executed in accordance with subsection (c) by (or on behalf
of) a person, as a testator, who is eligible for military legal
assistance;
``(2) makes a disposition of property of the testator; and
``(3) takes effect upon the death of the testator.
``(c) Requirements for Execution of Military Testamentary
Instruments.--An instrument is valid as a military testamentary
instrument only if--
``(1) the instrument is executed by the testator (or, if the
testator is unable to execute the instrument personally, the instrument
is executed in the presence of, by the direction of, and on behalf of
the testator);
``(2) the instrument is executed in the presence of a military legal
assistance counsel acting as presiding attorney;
``(3) the instrument is executed in the presence of at least two
disinterested witnesses (in addition to the presiding attorney), each of
whom attests to witnessing the testator's execution of the instrument by
signing it; and
``(4) the instrument is executed in accordance with such additional
requirements as may be provided in regulations prescribed under this
section.
``(d) Self-Proving Military Testamentary Instruments.--(1) If the
document setting forth a military testamentary instrument meets the
requirements of paragraph (2), then the signature of a person on the
document as the testator, an attesting witness, a notary, or the
presiding attorney, together with a written representation of the
person's status as such and the person's military grade (if any) or
other title, is prima facie evidence of the following:
``(A) That the signature is genuine.
``(B) That the signatory had the represented status and title at the
time of the execution of the will.
``(C) That the signature was executed in compliance with the
procedures required under the regulations prescribed under subsection
(f).
``(2) A document setting forth a military testamentary instrument
meets the requirements of this paragraph if it includes (or has attached
to it), in a form and content required under the regulations prescribed
under subsection (f), each of the following:
``(A) A certificate, executed by the testator, that includes the
testator's acknowledgment of the testamentary instrument.
``(B) An affidavit, executed by each witness signing the
testamentary instrument, that attests to the circumstances under which
the testamentary instrument was executed.
``(C) A notarization, including a certificate of any administration
of an oath required under the regulations, that is signed by the notary
or other official administering the oath.
``(e) Statement To Be Included.--(1) Under regulations prescribed
under this section, each military testamentary instrument shall contain
a statement that sets forth the provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make inapplicable the
provisions of subsection (a) to a testamentary instrument that does not
include a statement described in that paragraph.
``(f) Regulations.--Regulations for the purposes of this section
shall be prescribed jointly by the Secretary of Defense and by the
Secretary of Transportation with respect to the Coast Guard when it is
not operating as a service in the Department of the Navy.
``(g) Definitions.--In this section:
``(1) The term `person eligible for military legal assistance' means
a person who is eligible for legal assistance under section 1044 of this
title.
``(2) The term `military legal assistance counsel' means--
``(A) a judge advocate (as defined in section 801(13) of this
title); or
``(B) a civilian attorney serving as a legal assistance officer
under the provisions of section 1044 of this title.
``(3) The term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and each possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1044c the following new item:
``1044d. Military testamentary instruments: requirement for
recognition by States.''.
SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS WHOSE NAMES
HAVE BEEN ENTERED INTO DEPARTMENT OF DEFENSE OFFICIAL CRIMINAL
INVESTIGATIVE REPORTS.
(a) Policy Requirement.--The Secretary of Defense shall establish a
policy creating a uniform process within the Department of Defense
that--
(1) affords any individual who, in connection with the investigation
of a reported crime, is designated (by name or by any other identifying
information) as a suspect in the case in any official investigative
report, or in a central index for potential retrieval and analysis by
law enforcement organizations, an opportunity to obtain a review of that
designation; and
(2) requires the expungement of the name and other identifying
information of any such individual from such report or index in any case
in which it is determined the entry of such identifying information on
that individual was made contrary to Department of Defense requirements.
(b) Effective Date.--The policy required by subsection (a) shall be
established not later than 120 days after the date of the enactment of
this Act.
SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO GRANT
CLEMENCY FOR MILITARY PRISONERS SERVING SENTENCE OF CONFINEMENT FOR LIFE
WITHOUT ELIGIBILITY FOR PAROLE.
(a) Limitation.--Section 874(a) of title 10, United States Code
(article 74(a) of the Uniform Code of Military Justice), is amended by
adding at the end the following new sentence: ``However, in the case of
a sentence of confinement for life without eligibility for parole, after
the sentence is ordered executed, the authority of the Secretary
concerned under the preceding sentence (1) may not be delegated, and (2)
may be exercised only after the service of a period of confinement of
not less than 20 years.''.
(b) Effective Date.--The amendment made by subsection (a) shall not
apply with respect to a sentence of confinement for life without
eligibility for parole that is adjudged for an offense committed before
the date of the enactment of this Act.
SEC. 554. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY
DEPARTMENT CRIMINAL INVESTIGATIVE ORGANIZATIONS TO EXECUTE WARRANTS AND
MAKE ARRESTS.
(a) Department of the Army.--(1) Chapter 373 of title 10, United
States Code, is amended by adding at the end the following new section:
``4027. Civilian special agents of the Criminal Investigation
Command: authority to execute warrants and make arrests
``(a) Authority.--The Secretary of the Army may authorize any
Department of the Army civilian employee described in subsection (b) to
have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Army who is a special agent of the
Army Criminal Investigation Command (or a successor to that command)
whose duties include conducting, supervising, or coordinating
investigations of criminal activity in programs and operations of the
Department of the Army.
``(c) Guidelines for Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Secretary of the Army and approved by the Secretary of
Defense and the Attorney General and any other applicable guidelines
prescribed by the Secretary of the Army, the Secretary of Defense, or
the Attorney General.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end following new item:
``4027. Civilian special agents of the Criminal Investigation
Command: authority to execute warrants and make arrests.''.
(b) Department of the Navy.--(1) Chapter 643 of title 10, United
States Code, is amended by adding at the end the following new section:
``7480. Special agents of the Naval Criminal Investigative
Service: authority to execute warrants and make arrests
``(a) Authority.--The Secretary of the Navy may authorize any
Department of the Navy civilian employee described in subsection (b) to
have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Navy who is a special agent of the
Naval Criminal Investigative Service (or
any successor to that service) whose duties include
conducting, supervising, or coordinating investigations of criminal
activity in programs and operations of the Department of the Navy.
``(c) Guidelines for Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Secretary of the Navy and approved by the Secretary of
Defense and the Attorney General and any other applicable guidelines
prescribed by the Secretary of the Navy, the Secretary of Defense, or
the Attorney General.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end following new item:
``7480. Special agents of the Naval Criminal Investigative
Service: authority to execute warrants and make arrests.''.
(c) Department of the Air Force.--(1) Chapter 873 of title 10, United
States Code, is amended by adding at the end the following new section:
``9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants and make arrests
``(a) Authority.--The Secretary of the Air Force may authorize any
Department of the Air Force civilian employee described in subsection
(b) to have the same authority to execute and serve warrants and other
processes issued under the authority of the United States and to make
arrests without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal Investigative
Service.
``(b) Agents To Have Authority.--Subsection (a) applies to any
employee of the Department of the Air Force who is a special agent of
the Air Force Office of Special Investigations (or a successor to that
office) whose duties include conducting, supervising, or coordinating
investigations of criminal activity in programs and operations of the
Department of the Air Force.
``(c) Guidelines for Exercise of Authority.--The authority provided
under subsection (a) shall be exercised in accordance with guidelines
prescribed by the Secretary of the Air Force and approved by the
Secretary of Defense and the Attorney General and any other applicable
guidelines prescribed by the Secretary of the Air Force, the Secretary
of Defense, or the Attorney General.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end following new item:
``9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants and make arrests.''.
SEC. 555. REQUIREMENT FOR VERBATIM RECORD IN CERTAIN SPECIAL
COURT-MARTIAL CASES.
(a) When Required.--Subsection (c)(1)(B) of section 854 of title 10,
United States Code (article 54 of the Uniform Code of Military Justice),
is amended by inserting after ``bad-conduct discharge'' the following:
``, confinement for more than six months, or forfeiture of pay for more
than six months''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect as of April 1, 2000, and shall apply with respect to charges
referred on or after that date to trial by special court-martial.
SEC. 556. COMMEMORATION OF THE 50TH ANNIVERSARY OF THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) Findings.--Congress makes the following findings:
(1) The American military justice system predates the United States
itself, having had a continuous existence since the enactment of the
first American Articles of War by the Continental Congress in 1775.
(2) Pursuant to article I of the Constitution, which explicitly
empowers Congress ``To make Rules for the Government and Regulation of
the land and naval Forces'', Congress enacted the Articles of War and an
Act to Govern the Navy, which were revised on several occasions between
the ratification of the Constitution and the end of World War II.
(3) Dissatisfaction with the administration of military justice
during World War I and World War II (including dissatisfaction arising
from separate systems of justice for the Army and for the Navy and
Marine Corps) led both to significant statutory reforms in the Articles
of War and to the convening of a committee, under Department of Defense
auspices, to draft a single code of military justice applicable
uniformly to all of the Armed Forces.
(4) The committee, chaired by Professor Edmund M. Morgan of Harvard
Law School, made recommendations that formed the basis of bills
introduced in Congress to establish such a uniform code of military
justice.
(5) After lengthy hearings and debate on the congressional
proposals, the Uniform Code of Military Justice was enacted into law on
May 5, 1950, when President Harry S Truman signed the legislation.
(6) President Truman then issued a revised Manual for Courts-Martial
implementing the new code, and the code became effective on May 31,
1951.
(7) One of the greatest innovations of the Uniform Code of Military
Justice (now codified as chapter 47 of title 10, United States Code) was
the establishment of a civilian court of appeals within the military
justice system. That court, the United States Court of Military Appeals
(now the United States Court of Appeals for the Armed Forces), held its
first session on July 25, 1951.
(8) Congress enacted major revisions of the Uniform Code of Military
Justice in 1968 and 1983 and, in addition, has amended the code from
time to time over the years as practice under the code indicated a need
for updating the substance or procedure of the law of military justice.
(9) The evolution of the system of military justice under the
Uniform Code of Military Justice may be traced in the decisions of the
Courts of Criminal Appeals of each of the Armed Forces and the decisions
of the United States Court of Appeals for the Armed Forces. These courts
have produced a unique body of jurisprudence upon which commanders and
judge advocates rely in the performance of their duties.
(10) It is altogether fitting that the 50th anniversary of the
Uniform Code of Military Justice be duly commemorated.
(b) Commemoration.--The Congress--
(1) requests the President to issue a proclamation commemorating the
50th anniversary of the Uniform Code of Military Justice; and
(2) calls upon the Department of Defense, the Armed Forces, and the
United States Court of Appeals for the Armed Forces and interested
organizations and members of the bar and the public to commemorate the
occasion of that anniversary with ceremonies and activities befitting
its importance.
Subtitle F--Matters Relating to Recruiting
SEC. 561. ARMY RECRUITING PILOT PROGRAMS.
(a) Requirement for Programs.--The Secretary of the Army shall carry
out pilot programs to test various recruiting approaches under this
section for the following purposes:
(1) To assess the effectiveness of the recruiting approaches for
creating enhanced opportunities for recruiters to make direct, personal
contact with potential recruits.
(2) To improve the overall effectiveness and efficiency of Army
recruiting activities.
(b) Outreach Through Motor Sports.--(1) One of the pilot programs
shall be a pilot program of public outreach that associates the Army
with motor sports competitions to achieve the objectives set forth in
paragraph (2).
(2) The events and activities undertaken under the pilot program
shall be designed to provide opportunities for Army recruiters to make
direct, personal contact with high school students to achieve the
following objectives:
(A) To increase enlistments by students graduating from high school.
(B) To reduce attrition in the Delayed Entry Program of the Army by
sustaining the personal commitment of students who have elected delayed
entry into the Army under the program.
(3) Under the pilot program, the Secretary of the Army shall provide
for the following:
(A) For Army recruiters or other Army personnel--
(i) to organize Army sponsored career day events in association with
national motor sports competitions; and
(ii) to arrange for or encourage attendance at the competitions by
high school students, teachers, guidance counselors, and administrators
of high schools located near the competitions.
(B) For Army recruiters and other soldiers to attend national motor
sports competitions--
(i) to display exhibits depicting the contemporary Army and career
opportunities in the Army; and
(ii) to discuss those opportunities with potential recruits.
(C) For the Army to sponsor a motor sports racing team as part of an
integrated program of recruitment and publicity for the Army.
(D) For the Army to sponsor motor sports competitions for high
school students at which recruiters meet with potential recruits.
(E) For Army recruiters or other Army personnel to compile in an
Internet accessible database the names, addresses, telephone numbers,
and electronic mail addresses of persons who are identified as potential
recruits through activities under the pilot program.
(F) Any other activities associated with motor sports competition
that the Secretary determines appropriate for Army recruitment purposes.
(c) Outreach at Vocational Schools and Community Colleges.--(1) One
of the pilot programs shall be a pilot program under which Army
recruiters are assigned, as their primary responsibility, at
postsecondary vocational institutions and community colleges for the
purpose of recruiting students graduating from those institutions and
colleges, recent graduates of those institutions and colleges, and
students withdrawing from enrollments in those institutions and
colleges.
(2) The Secretary of the Army shall select the institutions and
colleges to be invited to participate in the pilot program.
(3) The conduct of the pilot program at an institution or college
shall be subject to an agreement which the Secretary shall enter into
with the governing body or authorized official of the institution or
college, as the case may be.
(4) Under the pilot program, the Secretary shall provide for the
following:
(A) For Army recruiters to be placed in postsecondary vocational
institutions and community colleges to serve as a resource for guidance
counselors and to recruit for the Army.
(B) For Army recruiters to recruit from among students and graduates
described in paragraph (1).
(C) For the use of telemarketing, direct mail, interactive voice
response systems, and Internet website capabilities to assist the
recruiters in the postsecondary vocational institutions and community
colleges.
(D) For any other activities that the Secretary determines
appropriate for recruitment activities in postsecondary vocational
institutions and community colleges.
(5) In this subsection, the term ``postsecondary vocational
institution'' has the meaning given the term in section 102(c) of the
Higher Education Act of 1965 (20 U.S.C. 1002(c)).
(d) Contract Recruiting Initiatives.--(1) One of the pilot programs
shall be a program that expands in accordance with this subsection the
scope of the Army's contract recruiting initiatives that are ongoing as
of the date of the enactment of this Act. Under the pilot program, the
Secretary of the Army shall select at least 10 recruiting companies to
apply the initiatives in efforts to recruit personnel for the Army.
(2) Under the pilot program, the Secretary shall provide for the
following:
(A) For replacement of the Regular Army recruiters by contract
recruiters in the 10 recruiting companies selected under paragraph (1).
(B) For operation of the 10 companies under the same rules and chain
of command as the other Army recruiting companies.
(C) For use of the offices, facilities, and equipment of the 10
companies by the contract recruiters.
(D) For reversion to performance of the recruiting activities by
Regular Army soldiers in the 10 companies upon termination of the pilot
program.
(E) For any other uses of contractor personnel for Army recruiting
activities that the Secretary determines appropriate.
(e) Duration of Pilot Programs.--The pilot programs required by this
section shall be carried out during the period beginning on October 1,
2000, and, subject to subsection (f), ending on December 31, 2005.
(f) Authority To Expand or Extend Pilot Programs.--The Secretary may
expand the scope of any of the pilot programs (under subsection
(b)(3)(F), (c)(4)(D), (d)(2)(E), or otherwise) or extend the period for
any of the pilot programs. Before doing so in the case of a pilot
program, the Secretary of the Army shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a written notification of the expansion of the
pilot program (together with the scope of the expansion) or the
continuation of the pilot program (together with the period of the
extension), as the case may be.
(g) Reports.--Not later than February 1, 2006, the Secretary of the
Army shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a separate report on each of the pilot
programs carried out under this section. The report on a pilot program
shall include the following:
(1) The Secretary's assessment of the value of the actions taken in
the administration of the pilot program for increasing the effectiveness
and efficiency of Army recruiting.
(2) Any recommendations for legislation or other action that the
Secretary considers appropriate to increase the effectiveness and
efficiency of Army recruiting.
SEC. 562. ENHANCEMENT OF RECRUITMENT MARKET RESEARCH AND
ADVERTISING PROGRAMS.
Section 503(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall act on a continuing basis to
enhance the effectiveness of recruitment programs of the Department of
Defense (including programs conducted jointly and programs conducted by
the separate armed forces) through an aggressive program of advertising
and market research targeted at prospective recruits for the armed
forces and those who may influence prospective recruits. Subchapter I of
chapter 35 of title 44 shall not apply to actions taken as part of that
program.''.
SEC. 563. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES.
(a) Requirement for Access.--Subsection (c) of section 503 of title
10, United States Code, is amended to read as follows:
``(c) Access to Secondary Schools.--(1) Each local educational agency
shall (except as provided under paragraph (5)) provide to the Department
of Defense, upon a request made for military recruiting purposes, the
same access to secondary school students, and to directory information
concerning such students, as is provided generally to post-secondary
educational institutions or to prospective employers of those students.
``(2) If a local educational agency denies a request by the
Department of Defense for recruiting access, the Secretary of Defense,
in cooperation with the Secretary of the military department concerned,
shall designate an officer in a grade not below the grade of colonel or,
in the case of the Navy, captain, or a senior executive of that military
department to meet with representatives of that local educational agency
in person, at the offices of that agency, for the purpose of arranging
for recruiting access. The designated officer or senior executive shall
seek to have that meeting within 120 days of the date of the denial of
the request for recruiting access.
``(3) If, after a meeting under paragraph (2) with representatives of
a local educational agency that has denied a request for recruiting
access or (if the educational agency declines a request for the meeting)
after the end of such 120-day period, the Secretary of Defense
determines that the agency continues to deny recruiting access, the
Secretary shall transmit to the chief executive of the State in which
the agency is located a notification of the denial of recruiting access
and a request for assistance in obtaining that access. The notification
shall be transmitted within 60 days after the date of the determination.
The Secretary shall provide to the Secretary of Education a copy of such
notification and any other communication between the Secretary and that
chief executive with respect to such access.
``(4) If a local educational agency continues to deny recruiting
access one year after the date of the transmittal of a notification
regarding that agency under paragraph (3), the Secretary--
``(A) shall determine whether the agency denies recruiting access to
at least two of the armed forces (other than the Coast Guard when it is
not operating as a service in the Navy); and
``(B) upon making an affirmative determination under subparagraph
(A), shall transmit a notification of the denial of recruiting access
to--
``(i) the specified congressional committees;
``(ii) the Senators of the State in which the local educational
agency is located; and
``(iii) the member of the House of Representatives who represents
the district in which the local educational agency is located.
``(5) The requirements of this subsection do not apply to--
``(A) a local educational agency with respect to access to secondary
school students or access to directory information concerning such
students for any period during which there is in effect a policy of that
agency, established by majority vote of the governing body of the
agency, to deny recruiting access to those students or to that directory
information, respectively; or
``(B) a private secondary school which maintains a religious
objection to service in the armed forces and which objection is
verifiable through the corporate or other organizational documents or
materials of that school.
``(6) In this subsection:
``(A) The term `local educational agency' means--
``(i) a local educational agency, within the meaning of that term in
section 14101(18) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801(18)); and
``(ii) a private secondary school.
``(B) The term `recruiting access' means access requested as
described in paragraph (1).
``(C) The term `senior executive' has the meaning given that term in
section 3132(a)(3) of title 5.
``(D) The term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, the Federated States
of Micronesia, the Republic of the Marshall Islands, and the Republic of
Palau.
``(E) The term `specified congressional committees' means the
following:
``(i) The Committee on Armed Services and the Committee on Health,
Education, Labor, and Pensions of the Senate.
``(ii) The Committee on Armed Services and the Committee on
Education and the Workforce of the House of Representatives.
``(F) The term `member of the House of Representatives' includes a
Delegate or Resident Commissioner to Congress.''.
(b) Definition of Directory Information.--Such section is further
amended--
(1) by striking paragraph (7) of subsection (b); and
(2) by adding at the end the following new subsection:
``(d) Directory Information Defined.--In this section, the term
`directory information' has the meaning given that term in subsection
(a)(5)(A) of section 444 of the General Education Provisions Act (20
U.S.C. 1232g).''.
(c) Technical Amendments.--Such section is further amended--
(1) in subsection (a), by inserting `` Recruiting Campaigns.--''
after ``(a)''; and
(2) in subsection (b), by inserting `` Compilation of Directory
Information.--'' after ``(b)''.
(d) Effective Date.--The amendment made by subsection (a) shall take
effect on July 1, 2002.
SEC. 564. PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY
IMPROVING MILITARY AWARENESS OF SCHOOL COUNSELORS AND EDUCATORS.
(a) In General.--The Secretary of Defense shall conduct a pilot
program to determine if cooperation with military recruiters by local
educational agencies and by institutions of higher education could be
enhanced by improving the understanding of school counselors and
educators about military recruiting and military career opportunities.
The pilot program shall be conducted during a three-year period
beginning not later than 180 days after the date of the enactment of
this Act.
(b) Conduct of Pilot Program Through Participation in Interactive
Internet Site.--(1) The pilot program
shall be conducted by means of participation by the
Department of Defense in a qualifying interactive Internet site.
(2) For purposes of this section, a qualifying interactive Internet
site is an Internet site in existence as of the date of the enactment of
this Act that is designed to provide to employees of local educational
agencies and institutions of higher education participating in the
Internet site--
(A) systems for communicating;
(B) resources for individual professional development;
(C) resources to enhance individual on-the-job effectiveness; and
(D) resources to improve organizational effectiveness.
(3) Participation in an Internet site by the Department of Defense
for purposes of this section shall include--
(A) funding;
(B) assistance; and
(C) access by other Internet site participants to Department of
Defense aptitude testing programs, career development information, and
other resources, in addition to information on military recruiting and
career opportunities.
(c) Report.--The Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report providing the Secretary's findings
and conclusions on the pilot program not later than 180 days after the
end of the three-year program period.
Subtitle G--Other Matters
SEC. 571. EXTENSION TO END OF CALENDAR YEAR OF EXPIRATION DATE
FOR CERTAIN FORCE DRAWDOWN TRANSITION AUTHORITIES.
(a) Early Retirement Authority for Active Force Members.--Section
4403 of the National Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 1293 note) is amended--
(1) in subsection (a), by striking ``through fiscal year 1999'' and
inserting ``during the active force drawdown period''; and
(2) in subsection (i), by striking ``October 1, 2001'' and inserting
``December 31, 2001''.
(b) SSB and VSI.--Sections 1174a(h)(1) and 1175(d)(3) of title 10,
United States Code, are amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(c) Selective Early Retirement Boards.--Section 638a(a) of such title
is amended by striking ``September 30, 2001'' and inserting ``December
31, 2001''.
(d) Time-in-Grade Requirement for Retention of Grade Upon Voluntary
Retirement.--Section 1370 of such title is amended by striking
``September 30, 2001'' in subsections (a)(2)(A) and (d)(5) and inserting
``December 31, 2001''.
(e) Minimum Commissioned Service for Voluntary Retirement as an
Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of such title are
amended by striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(f) Travel, Transportation, and Storage Benefits.--Sections
404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and 406(g)(1)(C) of
title 37, United States Code, and section 503(c)(1) of the National
Defense Authorization Act for Fiscal Year 1991 (37 U.S.C. 406 note) are
amended by striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(g) Educational Leave for Public and Community Service.--Section
4463(f) of the National Defense Authorization Act for Fiscal Year 1993
(10 U.S.C. 1143a note) is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(h) Transitional Health Benefits.--Subsections (a)(1), (c)(1), and
(e) of section 1145 of title 10, United States Code, are amended by
striking ``September 30, 2001'' and inserting ``December 31, 2001''.
(i) Transitional Commissary and Exchange Benefits.--Section 1146 of
such title is amended by striking ``September 30, 2001'' both places it
appears and inserting ``December 31, 2001''.
(j) Transitional Use of Military Housing.--Paragraphs (1) and (2) of
section 1147(a) of such title are amended by striking ``September 30,
2001'' and inserting ``December 31, 2001''.
(k) Continued Enrollment of Dependents in Defense Dependents'
Education System.--Section 1407(c)(1) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 926(c)(1)) is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(l) Force Reduction Transition Period Defined for Certain Guard and
Reserve Benefits.--Section 4411 of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(m) Temporary Special Authority for Force Reduction Period
Retirements.--Section 4416(b)(1) of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended by striking
``October 1, 2001'' and inserting ``the end of the force reduction
period''.
(n) Retired Pay for Non-Regular Service.--(1) Section 12731(f) of
title 10, United States Code, is amended by striking ``September 30,
2001'' and inserting ``December 31, 2001''.
(2) Section 12731a of such title is amended--
(A) in subsection (a)(1)(B), by striking ``October 1, 2001'' and
inserting ``the end of the period described in subsection (b)''; and
(B) in subsection (b), by striking ``October 1, 2001'' and inserting
``December 31, 2001''.
(o) Affiliation With Guard and Reserve Units; Waiver of Certain
Limitations.--Section 1150(a) of such title is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(p) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of such title
is amended by striking ``September 30, 2001'' and inserting ``December
31, 2001''.
SEC. 572. VOLUNTARY SEPARATION INCENTIVE.
(a) Authority for Termination Upon Entitlement to Retired
Pay.--Section 1175(e)(3) of title 10, United States Code, is amended--
(1) inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) If a member is receiving simultaneous voluntary separation
incentive payments and retired or retainer pay, the member may elect to
terminate the receipt of voluntary separation incentive payments. Any
such election is permanent and irrevocable. The rate of monthly
recoupment from retired or retainer pay of voluntary separation
incentive payments received after such an election shall be reduced by a
percentage that is equal to a fraction with a denominator equal to the
number of months that the voluntary separation incentive payments were
scheduled to be paid and a numerator equal to the number of months that
would not be paid as a result of the member's decision to terminate the
voluntary separation incentive.''.
(b) Effective Date.--Subparagraph (B) of section 1175(e)(3) of title
10, United States Code, as added by subsection (a), shall apply with
respect to decisions by members to terminate voluntary separation
incentive payments under section 1175 of title 10, United States Code,
to be effective after September 30, 2000.
SEC. 573. CONGRESSIONAL REVIEW PERIOD FOR ASSIGNMENT OF WOMEN
TO DUTY ON SUBMARINES AND FOR ANY PROPOSED RECONFIGURATION OR DESIGN OF
SUBMARINES TO ACCOMMODATE FEMALE CREW MEMBERS.
(a) In General.--(1) Chapter 555 of title 10, United States Code, is
amended by adding at the end the following new section:
``6035. Female members: congressional review period for
assignment to duty on submarines or for reconfiguration of submarines
``(a) No change in the Department of the Navy policy limiting service
on submarines to males, as in effect on May 10, 2000, may take effect
until--
``(1) the Secretary of Defense submits to Congress written notice of
the proposed change; and
``(2) a period of 30 days of continuous session of Congress
(excluding any day on which either House of Congress is not in session)
expires following the date on which the notice is received.
``(b) No funds available to the Department of the Navy may be
expended to reconfigure any existing submarine, or to design any new
submarine, to accommodate female crew members until--
``(1) the Secretary of Defense submits to Congress written notice of
the proposed reconfiguration or design; and
``(2) a period of 30 days of continuous session of Congress
(excluding any day on which either House of Congress is not in session)
expires following the date on which the notice is received.
``(c) For purposes of this section, the continuity of a session of
Congress is broken only by an adjournment of the Congress sine die.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``6035. Female members: congressional review period for assignment
to duty on submarines or for reconfiguration of submarines.''.
(b) Conforming Amendment.--Section 542(a)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) is amended
by inserting ``or by section 6035 of title 10, United States Code''
after ``Except in a case covered by subsection (b)''.
SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS
SUBJECT TO LENGTHY OR NUMEROUS DEPLOYMENTS.
(a) Approving Authority for Lengthy Deployments of
Members.--Subsection (a) of section 991 of title 10, United States Code,
is amended--
(1) by striking ``unless an officer'' in the second sentence of
paragraph (1) and all that follows through the period at the end of that
sentence and inserting a period and the following: ``However, the member
may be deployed, or continued in a deployment, without regard to the
preceding sentence if such deployment, or continued deployment, is
approved--
``(A) in the case of a member who is assigned to a combatant command
in a position under the operational control of the officer in that
combatant command who is the service component commander for the members
of that member's armed force in that combatant command, by that officer;
and
``(B) in the case of a member not assigned as described in
subparagraph (A), by the service chief of that member's armed force (or,
if so designated by that service chief, by an officer of the same armed
force on active duty who is in the grade of general or admiral or who is
the personnel chief for that armed force).''; and
(2) by adding at the end the following new paragraph:
``(3) In paragraph (1)(B), the term `service chief' means the Chief
of Staff of the Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, or the Commandant of the Marine Corps.''.
(b) Clarification of Definition of Deployment.--Subsection (b) of
such section is amended--
(1) in paragraph (1), by inserting ``or homeport, as the case may
be'' before the period at the end;
(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively;
(3) by inserting after paragraph (1) the following new paragraph (2):
``(2) In the case of a member of a reserve component performing
active service, the member shall be considered deployed or in a
deployment for the purposes of paragraph (1) on any day on which,
pursuant to orders that do not establish a permanent change of station,
the member is performing the active service at a location that--
``(A) is not the member's permanent training site; and
``(B) is--
``(i) at least 100 miles from the member's permanent residence; or
``(ii) a lesser distance from the member's permanent residence that,
under the circumstances applicable to the member's travel, is a distance
that requires at least three hours of travel to traverse.''; and
(4) in paragraph (3), as redesignated by paragraph (2) of this
subsection--
(A) by striking ``or'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B) and
inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) unavailable solely because of--
``(i) a hospitalization of the member at the member's permanent duty
station or homeport or in the immediate vicinity of the member's
permanent residence; or
``(ii) a disciplinary action taken against the member.''.
(c) Associated Per Diem Allowance.--Section 435 of title 37, United
States Code (as added to that title effective October 1, 2001, by
section 586(b) of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106 65; 113 Stat. 638)) is amended--
(1) in subsection (a), by striking ``251 days or more out of the
preceding 365 days'' and inserting ``401 or more days out of the
preceding 730 days''; and
(2) in subsection (b), by striking ``prescribed under paragraph
(3)'' and inserting ``prescribed under paragraph (4)''.
(d) Review of Management of Deployments of Individual Members.--Not
later than March 31, 2002, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the administration of section 991 of title
10, United States Code, during fiscal year 2001. The report shall
include--
(1) a discussion of the experience in tracking and recording the
deployments of members of the Armed Forces; and
(2) any recommendations for revision of such section that the
Secretary considers appropriate.
(e) Effective Date.--If this Act is enacted before October 1, 2000,
the amendments made by subsections (a) and (b) shall take effect on
October 1, 2000, immediately after the amendment made by section 586(a)
of the National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106 65; 113 Stat. 637) adding section 991 of title 10, United States
Code, to such title.
SEC. 575. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.
(a) Compensation at Rate for Inactive-Duty Training.--(1) Section
115(b)(2) of title 32, United States Code, is amended to read as
follows:
``(2) as directed by the Secretary concerned, either--
``(A) the allowance under section 435 of title 37; or
``(B) compensation under section 206 of title 37.''.
(2) Section 12503(b)(2) of title 10, United States Code, is amended
to read as follows:
``(2) as directed by the Secretary concerned, either--
``(A) the allowance under section 435 of title 37; or
``(B) compensation under section 206 of title 37.''.
(b) Conforming Repeal.--Section 435 of title 37, United States Code,
is amended by striking subsection (c).
(c) Applicability.--The amendments made by this section shall apply
with respect to funeral honors duty performed on or after October 1,
2000.
SEC. 576. TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE
UNITS AND PERSONNEL TO MEET CURRENT AND EMERGING DEFENSE INTELLIGENCE
NEEDS.
(a) Test Program Required.--(1) Beginning not later than June 1,
2001, the Secretary of Defense shall conduct a three-year test program
of reserve component intelligence units and personnel. The purpose of
the test program shall be--
(A) to determine the most effective peacetime structure and
operational employment of reserve component intelligence assets for
meeting current and future Department of Defense peacetime operational
intelligence requirements; and
(B) to establish a means to coordinate and transition that peacetime
intelligence operational support network into use for meeting wartime
requirements.
(2) The test program shall be carried out using the Joint Reserve
Intelligence Program and appropriate reserve component intelligence
units and personnel.
(3) In conducting the test program, the Secretary of Defense shall
expand the current Joint Reserve Intelligence Program as needed to meet
the objectives of the test program.
(b) Oversight Panel.--The Secretary shall establish an oversight
panel to structure the test program so as to achieve the objectives of
the test program, ensure proper funding for the test program, and
oversee the conduct and evaluation of the test program. The panel
members shall include--
(1) the Assistant Secretary of Defense for Command, Control,
Communications and Intelligence;
(2) the Assistant Secretary of Defense for Reserve Affairs; and
(3) representatives from the Defense Intelligence Agency, the Army,
Navy, Air Force, and Marine Corps, the Joint Staff, and the combatant
commands.
(c) Test Program Objectives.--The test program shall have the
following objectives:
(1) To identify the range of peacetime roles and missions that are
appropriate for reserve component intelligence units and personnel,
including the following missions: counterdrug, counterintelligence,
counterterrorism, information operations, information warfare, and other
emerging threats.
(2) To recommend a process for justifying and validating reserve
component intelligence force structure and manpower to support the
peacetime roles and missions identified under paragraph (1) and to
establish a means to coordinate and transition that peacetime
operational support network and structure into wartime requirements.
(3) To provide, pursuant to paragraphs (1) and (2), the basis for
new or revised intelligence and reserve component policy guidelines for
the peacetime use, organization, management, infrastructure, and funding
of reserve component intelligence units and personnel.
(4) To determine the most effective structure, organization,
manning, and management of Joint Reserve Intelligence Centers to enable
them to be both reserve training facilities and virtual collaborative
production facilities in support of Department of Defense peacetime
operational intelligence requirements.
(5) To determine the most effective uses of technology for virtual
collaborative intelligence operational support during peacetime and
wartime.
(6) To determine personnel and career management initiatives or
modifications that are required to improve the recruiting and retention
of personnel in the reserve component intelligence specialties and
occupational skills.
(7) To identify and make recommendations for the elimination of
statutory prohibitions and barriers to using reserve component
intelligence units and individuals to carry out peacetime operational
requirements.
(d) Reports.--The Secretary of Defense shall submit to Congress--
(1) interim reports on the status of the test program not later than
July 1, 2002, and July 1, 2003; and
(2) a final report, with such recommendations for changes as the
Secretary considers necessary, not later than December 1, 2004.
SEC. 577. NATIONAL GUARD CHALLENGE PROGRAM.
(a) Responsibility of Secretary of Defense.--Subsection (a) of
section 509 of title 32, United States Code, is amended by striking ``,
acting through the Chief of the National Guard Bureau,''.
(b) Sources of Federal Support.--Subsection (b) of such section is
amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense'';
(2) by striking ``, except that Federal expenditures under the
program may not exceed $62,500,000 for any fiscal year''; and
(3) by adding at the end the following new paragraphs:
``(2) The Secretary shall carry out the National Guard Challenge
Program using--
``(A) funds appropriated directly to the Secretary of Defense for
the program, except that the amount of funds appropriated directly to
the Secretary and expended for the program in a fiscal year may not
exceed $62,500,000; and
``(B) nondefense funds made available or transferred to the
Secretary of Defense by other Federal agencies to support the program.
``(3) Federal funds made available or transferred to the Secretary of
Defense under paragraph (2)(B) by other Federal agencies to support the
National Guard Challenge Program may be expended for the program in
excess of the fiscal year limitation specified in paragraph (2)(A).''.
(c) Regulations.--Such section is further amended by adding at the
end the following new subsection:
``(m) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the National Guard Challenge Program. The
regulations shall address at a minimum the following:
``(1) The terms to be included in the program agreements required by
subsection (c).
``(2) The qualifications for persons to participate in the program,
as required by subsection (e).
``(3) The benefits authorized for program participants, as required
by subsection (f).
``(4) The status of National Guard personnel assigned to duty in
support of the program under subsection (g).
``(5) The conditions for the use of National Guard facilities and
equipment to carry out the program, as required by subsection (h).
``(6) The status of program participants, as described in subsection
(i).
``(7) The procedures to be used by the Secretary when communicating
with States about the program.''.
(d) Conforming Amendment.--Section 2033 of title 10, United States
Code, is amended by striking ``appropriated for'' and inserting
``appropriated directly to the Secretary of Defense for''.
SEC. 578. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS FOR
OPERATIONAL SUPPORT MISSIONS.
(a) Study.--The Secretary of Defense shall conduct a study to
determine the feasibility and cost, as well as the advantages and
disadvantages, of using civilian contractor personnel as pilots and
other air crew members to fly nonmilitary Government aircraft (referred
to as ``operational support aircraft'') to perform non-combat personnel
transportation missions worldwide. In carrying out the study, the
Secretary shall consider the views and recommendations of the Chairman
of the Joint Chiefs and the other members of the Joint Chiefs of Staff.
(b) Matters to Be Included.--The study shall, as a minimum--
(1) determine whether use of civilian contractor personnel as pilots
and other air crew members for such operational support missions would
be a cost effective means of freeing for duty in units with combat and
combat support missions those military pilots and other personnel who
now perform such operational support missions; and
(2) the effect on retention of military pilots and other personnel
if they are no longer required to fly operational support missions.
(c) Submission of Report.--The Secretary shall submit a report
containing the results of the study to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives not later than six months after the date of the
enactment of this Act.
SEC. 579. REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS IN
CONNECTION WITH CANCELLATION OF LEAVE ON SHORT NOTICE.
(a) Reimbursement Authorized.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1053 the following new
section:
``1053a. Expenses incurred in connection with leave canceled
due to contingency operations: reimbursement
``(a) Authorization To Reimburse.--The Secretary concerned may
reimburse a member of the armed forces under the jurisdiction of the
Secretary for travel and related expenses (to the extent not otherwise
reimbursable under law) incurred by the member as a result of the
cancellation of previously approved leave when the leave is canceled in
connection with the member's participation in a contingency operation
and the cancellation occurs within 48 hours of the time the leave would
have commenced.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations to establish the criteria for the applicability of
subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an application
for reimbursement under subsection (a) is final and conclusive.''.
(b) Effective Date.--Section 1053a of title 10, United States Code,
as added by subsection (a) shall apply with respect to any travel and
related expenses incurred by a member in connection with leave canceled
after the date of the enactment of this Act.
(c) Conforming and Clerical Amendments.--(1) The heading of section
1052 of such title is amended to read as follows:
``1052. Adoption expenses: reimbursement''.
(2) The heading of section 1053 of such title is amended to read as
follows:
``1053. Financial institution charges incurred because of
Government error in direct deposit of pay: reimbursement''.
(3) The table of sections at the beginning of chapter 53 of such
title is amended by striking the items relating to sections 1052 and
1053 and inserting the following:
``1052. Adoption expenses: reimbursement.
``1053. Financial institution charges incurred because of
Government error in direct deposit of pay: reimbursement.
``1053a. Expenses incurred in connection with leave canceled due
to contingency operations: reimbursement.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
SUBTITLE A--PAY AND ALLOWANCES
Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Additional restructuring of basic pay rates for enlisted
members.
Sec. 603. Revised method for calculation of basic allowance for
subsistence.
Sec. 604. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 605. Basic allowance for housing.
Sec. 606. Additional amount available for fiscal year 2001
increase in basic allowance for housing inside the United States.
Sec. 607. Equitable treatment of junior enlisted members in
computation of basic allowance for housing.
Sec. 608. Eligibility of members in grade E 4 to receive basic
allowance for housing while on sea duty.
Sec. 609. Personal money allowance for senior enlisted members of
the Armed Forces.
Sec. 610. Increased uniform allowances for officers.
Sec. 611. Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members.
Sec. 612. Increase in monthly subsistence allowance for members of
precommissioning programs.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Sec. 621. Extension of certain bonuses and special pay authorities
for reserve forces.
Sec. 622. Extension of certain bonuses and special pay authorities
for nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 623. Extension of authorities relating to payment of other
bonuses and special pays.
Sec. 624. Revision of enlistment bonus authority.
Sec. 625. Consistency of authorities for special pay for reserve
medical and dental officers.
Sec. 626. Elimination of required congressional notification
before implementation of certain special pay authority.
Sec. 627. Special pay for physician assistants of the Coast Guard.
Sec. 628. Authorization of special pay and accession bonus for
pharmacy officers.
Sec. 629. Correction of references to Air Force veterinarians.
Sec. 630. Career sea pay.
Sec. 631. Increased maximum rate of special duty assignment pay.
Sec. 632. Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty assignment pay.
Sec. 633. Authorization of retention bonus for members of the
Armed Forces qualified in a critical military skill.
Sec. 634. Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health professional
officers of the Armed Forces.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Sec. 641. Advance payments for temporary lodging of members and
dependents.
Sec. 642. Additional transportation allowance regarding baggage
and household effects.
Sec. 643. Incentive for shipping and storing household goods in
less than average weights.
Sec. 644. Equitable dislocation allowances for junior enlisted members.
Sec. 645. Authority to reimburse military recruiters, Senior ROTC
cadre, and military entrance processing personnel for certain parking
expenses.
Sec. 646. Expansion of funded student travel for dependents.
SUBTITLE D--RETIREMENT AND SURVIVOR BENEFIT MATTERS
Sec. 651. Exception to high-36 month retired pay computation for
members retired following a disciplinary reduction in grade.
Sec. 652. Increase in maximum number of Reserve retirement points
that may be credited in any year.
Sec. 653. Retirement from active reserve service after regular
retirement.
Sec. 654. Same treatment for Federal judges as for other Federal
officials regarding payment of military retired pay.
Sec. 655. Reserve component Survivor Benefit Plan spousal consent
requirement.
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older.
Sec. 657. Revision to special compensation authority to repeal
exclusion of uniformed services retirees in receipt of disability
retired pay.
SUBTITLE E--OTHER MATTERS
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Determinations of income eligibility for special
supplemental food program.
Sec. 663. Billeting services for reserve members traveling for
inactive-duty training.
Sec. 664. Settlement of claims for payments for unused accrued
leave and for retired pay.
Sec. 665. Additional benefits and protections for personnel
incurring injury, illness, or disease in the performance of funeral
honors duty.
Sec. 666. Authority for extension of deadline for filing claims
associated with capture and internment of certain persons by North
Vietnam.
Sec. 667. Back pay for members of the Navy and Marine Corps
selected for promotion while interned as prisoners of war during World
War II.
Sec. 668. Sense of Congress concerning funding for reserve components.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2001 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized members
of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2001, the rates
of monthly basic pay for members of the uniformed services are increased
by 3.7 percent.
SEC. 602. ADDITIONAL RESTRUCTURING OF BASIC PAY RATES FOR
ENLISTED MEMBERS.
(a) Minimum Pay Increases for Mid-Level Enlisted Grades.--(1) Subject
to paragraph (2), effective on July 1, 2001, the rates of monthly basic
pay for enlisted members of the Armed Forces in the pay grades E 7, E 6,
and E 5 shall be as follows:
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States Code
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
7 1,831.20 1,999.20 2,075.10 2,149.80 2,228.10
6 1,575.00 1,740.30 1,817.40 1,891.80 1,969.80
5 1,381.80 1,549.20 1,623.90 1,701.00 1,779.30
----------- ----------- ----------- ----------- -----------
Over 8 Over 10 Over 12 Over 14 Over 16
----------- ----------- ----------- ----------- -----------
7 2,362.20 2,437.80 2,512.80 2,588.10 2,666.10
6 2,097.30 2,174.10 2,248.80 2,325.00 2,379.60
5 1,888.50 1,962.90 2,040.30 2,040.30 2,040.30
----------- ----------- ----------- ----------- -----------
Over 18 Over 20 Over 22 Over 24 Over 26
----------- ----------- ----------- ----------- -----------
7 2,742.00 2,817.90 2,949.60 3,034.80 3,250.50
6 2,421.30 2,421.30 2,421.30 2,421.30 2,421.30
5 2,040.30 2,040.30 2,040.30 2,040.30 2,040.30
(2) The amounts specified in the table in paragraph (1) are subject
to such revision as the Secretary of Defense and the Secretary of
Transportation may prescribe under subsection (b)(1)(A).
(b) Secretarial Authority to Further Revise.--(1) To ensure the
efficient and effective operation of the military pay system, the
Secretary of Defense, and the Secretary of Transportation with regard to
the Coast Guard, may--
(A) further increase any of the amounts specified in the table in
subsection (a) for enlisted members of the Armed Forces in the pay
grades E 7, E 6, and E 5; and
(B) increase any of the amounts specified for other enlisted members
in the table under the heading ``ENLISTED MEMBERS'' in section 601(c) of
the National Defense Authorization Act for Fiscal Year 2000 (Public Law
106 65; 113 Stat. 648), as adjusted on January 1, 2001, pursuant to
section 601(b) of this Act.
(2) The revisions in monthly basic pay made by the Secretary of
Defense and the Secretary of Transportation under paragraph (1) shall
take effect on July 1, 2001, but only if the Secretaries also comply
with paragraph (3).
(3) If the Secretary of Defense or the Secretary of Transportation
exercises the authority provided by paragraph (1), the Secretaries shall
include, in the budget justification materials submitted to Congress in
support of the President's budget submitted under section 1105 of title
31, United States Code, for fiscal year 2002--
(A) a revised pay table for enlisted members of the Armed Forces to
reflect the increases in monthly basic pay to take effect on July 1,
2001; and
(B) a description of the various increases made and the reasons
therefor.
SEC. 603. REVISED METHOD FOR CALCULATION OF BASIC ALLOWANCE
FOR SUBSISTENCE.
(a) Annual Revision of Rate.--Subsection (b) of section 402 of title
37, United States Code, is amended--
(1) in paragraph (1), by striking ``The monthly rate'' and inserting
``Through December 31, 2001, the monthly rate'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new paragraph:
``(2) On and after January 1, 2002, the monthly rate of basic
allowance for subsistence to be in effect for an enlisted member for a
year (beginning on January 1 of that year) shall be equal to the sum
of--
``(A) the monthly rate of basic allowance for subsistence that was
in effect for an enlisted member for the preceding year; plus
``(B) the product of the monthly rate under subparagraph (A) and the
percentage increase in the monthly cost of a liberal food plan for a
male in the United States who is between 20 and 50 years of age over the
preceding fiscal year, as determined by the Secretary of Agriculture
each October 1.''.
(b) Conforming Amendment.--Subsection (d)(1) of such section is
amended by striking ``established under subsection (b)(1)'' and
inserting ``in effect under paragraph (1) or (2) of subsection (b)''.
(c) Early Termination of BAS Transitional Authority.--Effective
October 1, 2001, subsections (c) through (f) of section 602 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105
85; 37 U.S.C. 402 note) are repealed.
SEC. 604. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE FOR
LOW-INCOME MEMBERS OF THE ARMED FORCES.
(a) Supplemental Allowance Required.--(1) Chapter 7 of title 37,
United States Code, is amended by inserting after section 402 the
following new section:
``402a. Supplemental subsistence allowance for low-income
members with dependents
``(a) Supplemental Allowance Required.--(1) The Secretary concerned
shall increase the basic allowance for subsistence to which a member of
the armed forces described in subsection (b) is otherwise entitled under
section 402 of this title by an amount (in this section referred to as
the `supplemental subsistence allowance') designed to remove the
member's household from eligibility for benefits under the food stamp
program.
``(2) The supplemental subsistence allowance may not exceed $500 per
month. In establishing the amount of the supplemental subsistence
allowance to be paid an eligible member under this paragraph, the
Secretary shall take into consideration the amount of the basic
allowance for housing that the member receives under section 403 of this
title or would otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a result of assignment
to quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
``(3) In the case of a member described in subsection (b) who
establishes to the satisfaction of the Secretary concerned that the
allotment of the member's household under the food stamp program,
calculated in the absence of the supplemental subsistence allowance,
would exceed the amount established by the Secretary concerned under
paragraph (2), the amount of the supplemental subsistence allowance for
the member shall be equal to the lesser of the following:
``(A) The value of that allotment.
``(B) $500.
``(b) Members Entitled to Allowance.--(1) Subject to subsection (d),
a member of the armed forces is entitled to receive the supplemental
subsistence allowance if the Secretary concerned determines that the
member's income, together with the income of the rest of the member's
household (if any), is within the highest income standard of
eligibility, as then in effect under section 5(c) of the Food Stamp Act
of 1977 (7 U.S.C. 2014(c)) and without regard to paragraph (1) of such
section, for participation in the food stamp program.
``(2) In determining whether a member meets the eligibility criteria
under paragraph (1), the Secretary--
``(A) shall not take into consideration the amount of the
supplemental subsistence allowance payable under this section; but
``(B) shall take into consideration the amount of the basic
allowance for housing that the member receives under section 403 of this
title or would otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a result of assignment
to quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
``(c) Application for Allowance.--To request the supplemental
subsistence allowance, a member shall submit an application to the
Secretary concerned in such form and containing such information as the
Secretary concerned may prescribe. A member applying for the
supplemental subsistence allowance shall furnish such evidence regarding
the member's satisfaction of the eligibility criteria under subsection
(b) as the Secretary concerned may require.
``(d) Effective Period.--The entitlement of a member to receive the
supplemental subsistence allowance terminates upon the occurrence of any
of the following events, even though the member continues to meet the
eligibility criteria described in subsection (b):
``(1) Payment of the supplemental subsistence allowance for 12
consecutive months.
``(2) Promotion of the member to a higher grade.
``(3) Transfer of the member in a permanent change of station.
``(e) Reapplication.--Upon the termination of the effective period of
the supplemental subsistence allowance for a member, or in anticipation
of the imminent termination of the allowance, a member may reapply for
the allowance under subsection (c), and the Secretary concerned shall
approve the application and resume payment of the allowance to the
member, if the member continues to meet, or once again meets, the
eligibility criteria described in subsection (b).
``(f) Reporting Requirement.--Not later than March 1 of each year
after 2001, the Secretary of Defense shall submit to Congress a report
specifying the number of members of the armed forces who received, at
any time during the preceding year, the supplemental subsistence
allowance. In preparing the report, the Secretary of Defense shall
consult with the Secretary of Transportation. No report is required
under this subsection after March 1, 2006.
``(g) Definitions.--In this section:
``(1) The term `Secretary concerned' means--
``(A) the Secretary of Defense; and
``(B) the Secretary of Transportation, with respect to the Coast
Guard when it is not operating as a service in the Navy.
``(2) The terms `allotment' and `household' have the meanings given
those terms in section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012).
``(3) The term `food stamp program' means the program established
pursuant to section 4 of the Food Stamp Act of 1977 (7 U.S.C. 2013).
``(h) Termination of Authority.--No supplemental subsistence
allowance may be provided under this section after September 30,
2006.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 402 the following:
``402a. Supplemental subsistence allowance for low-income members
with dependents.''.
(b) Effective Date.--Section 402a of title 37, United States Code, as
added by subsection (a), shall take effect on the first day of the first
month that begins not less than 180 days after the date of the enactment
of this Act.
SEC. 605. BASIC ALLOWANCE FOR HOUSING.
(a) Calculation of Rates.--Subsection (b) of section 403 of title 37,
United States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (1) as paragraph (2); and
(3) by inserting after the subsection heading the following: ``(1)
The Secretary of Defense shall prescribe the rates of the basic
allowance for housing that are applicable for the various military
housing areas in the United States. The rates for an area shall be based
on the costs of adequate housing determined for the area under paragraph
(2).''.
(b) Minimum Annual Amount Available for Housing
Allowances.--Subsection (b) of such section is further amended--
(1) by striking paragraphs (3) and (5); and
(2) by inserting after paragraph (2) the following new paragraph:
``(3) The total amount that may be paid for a fiscal year for the
basic allowance for housing under this subsection may not be less than
the product of--
``(A) the total amount authorized to be paid for such allowance for
the preceding fiscal year; and
``(B) a fraction--
``(i) the numerator of which is the index of the national average
monthly cost of housing for June of the preceding fiscal year; and
``(ii) the denominator of which is the index of the national average
monthly cost of housing for June of the second preceding fiscal year.''.
(c) Limitations on Reduction in Member's Allowance.--(1) Paragraph
(6) of such subsection is amended by striking ``, changes in the
national average monthly cost of housing,''.
(2) Paragraph (7) of such subsection is amended by striking ``without
dependents''.
(d) Allowance When Dependents Are Unable To Accompany
Members.--Subsection (d) of such section is amended by striking
paragraph (3) and inserting the following new paragraph:
``(3) If a member with dependents is assigned to duty in an area that
is different from the area in which the member's dependents reside, the
member is entitled to a basic allowance for housing as provided in
subsection (b) or (c), whichever applies to the member, subject to the
following:
``(A) If the member's assignment to duty in that area, or the
circumstances of that assignment, require the member's dependents to
reside in a different area, as determined by the Secretary concerned,
the amount of the basic allowance for housing for the member shall be
based on the area in which the dependents reside or the member's last
duty station, whichever the Secretary concerned determines to be most
equitable.
``(B) If the member's assignment to duty in that area is under the
conditions of a low-cost or no-cost permanent change of station or
permanent change of assignment, the amount of the basic allowance for
housing for the member shall be based on the member's last duty station
if the Secretary concerned determines that it would be inequitable to
base the allowance on the cost of housing in the area to which the
member is reassigned.''.
(e) Extension of Transition Period.--Section 603(b) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105 85; 37
U.S.C. 403 note) is amended by striking ``six years'' and inserting
``eight years''.
(f) Effective Date; Application.--(1) The amendments made by this
section shall take effect on October 1, 2000.
(2) In the case of the amendment made by subsection (c)(2), the
amendment shall apply with respect to pay periods beginning on and after
October 1, 2000, for a member of the uniformed services covered by the
provision of law so amended regardless of the date on which the member
was first reassigned to duty under the conditions of a low-cost or
no-cost permanent change of station or permanent change of assignment.
(3) In the case of the amendment made by subsection (d), the
amendment shall apply with respect to pay periods beginning on and after
October 1, 2000, for a member of the uniformed services covered by the
provision of law so amended regardless of the date on which the member
was first assigned to duty in an area that is different from the area in
which the member's dependents reside.
SEC. 606. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2001
INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED STATES.
In addition to the amount determined by the Secretary of Defense
under section 403(b)(3) of title 37, United States Code, as amended by
section 605(b), to be the total amount to be paid during fiscal year
2001 for the basic allowance for housing for military housing areas
inside the United States, $30,000,000 of the amount authorized to be
appropriated by section 421 for military personnel shall be used by the
Secretary to further increase the total amount available for the basic
allowance for housing for military housing areas inside the United
States.
SEC. 607. EQUITABLE TREATMENT OF JUNIOR ENLISTED MEMBERS IN
COMPUTATION OF BASIC ALLOWANCE FOR HOUSING.
(a) Determination of Costs of Adequate Housing.--Paragraph (2) of
subsection (b) of section 403 of title 37, United States Code, as
redesignated by section 605(a)(2), is amended by adding at the end the
following new sentence: ``After June 30, 2001, the Secretary may not
differentiate between members with dependents in pay grades E 1 through
E 4 in determining what constitutes adequate housing for members.''.
(b) Single Rate; Minimum.--Subsection (b) of such section, as amended
by section 605(b)(1), is amended by inserting after paragraph (4) the
following new paragraph:
``(5) On and after July 1, 2001, the Secretary of Defense shall
establish a single monthly rate for members of the uniformed services
with dependents in pay grades E 1 through E 4 in the same military
housing area. The rate shall be consistent with the rates paid to
members in pay grades other than pay grades E 1 through E 4 and shall be
based on the following:
``(A) The average cost of a two-bedroom apartment in that military
housing area.
``(B) One-half of the difference between the average cost of a
two-bedroom townhouse in that area and the amount determined in
subparagraph (A).''.
SEC. 608. ELIGIBILITY OF MEMBERS IN GRADE E 4 TO RECEIVE BASIC
ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.
(a) Payment Authorized.--Subsection (f)(2)(B) of section 403 of title
37, United States Code, is amended--
(1) by striking ``E 5'' in the first sentence and inserting ``E 4 or
E 5''; and
(2) by striking ``grade E 5'' in the second sentence and inserting
``grades E 4 and E 5''.
(b) Conforming Amendment.--Subsection (m)(1)(B) of such section is
amended by striking ``E 4'' and inserting ``E 3''.
SEC. 609. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED MEMBERS
OF THE ARMED FORCES.
(a) Authority.--Section 414 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(c) Allowance for Senior Enlisted Members.--In addition to other
pay or allowances authorized by this title, a noncommissioned officer is
entitled to a personal money allowance of $2,000 a year while serving as
the Sergeant Major of the Army, the Master Chief Petty Officer of the
Navy, the Chief Master Sergeant of the Air Force, the Sergeant Major of
the Marine Corps, or the Master Chief Petty Officer of the Coast
Guard.''.
(b) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting `` Allowance for Officers
Serving in Certain Ranks or Positions.--'' after ``(a)''; and
(2) in subsection (b), by inserting `` Allowance for Certain Naval
Officers.--'' after ``(b)''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
SEC. 610. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.
(a) Initial Allowance.--Section 415(a) of title 37, United States
Code, is amended by striking ``$200'' and inserting ``$400''.
(b) Additional Allowance.--Section 416(a) of such title is amended by
striking ``$100'' and inserting ``$200''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
SEC. 611. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS
AND ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.
Section 418 of title 37, United States Code, is amended--
(1) in subsection (a), by striking ``The President'' and inserting
``The Secretary of Defense and the Secretary of Transportation, with
respect to the Coast Guard when it is not operating as a service in the
Navy,''; and
(2) in subsection (b), by striking ``the President'' and inserting
``the Secretary of Defense''.
SEC. 612. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR
MEMBERS OF PRECOMMISSIONING PROGRAMS.
(a) Pay Rates for Cadets and Midshipmen.--Section 203(c) of title 37,
United States Code, is amended by striking ``at the rate of $600.00.''
and inserting ``at the monthly rate equal to 35 percent of the basic pay
of a commissioned officer in the pay grade O 1 with less than two years
of service.''.
(b) Subsistence Allowance Rates.--Subsection (a) of section 209 of
such title is amended--
(1) by inserting ``(1)'' before ``Except'';
(2) by striking ``subsistence allowance of $200 a month'' and
inserting ``monthly subsistence allowance at a rate prescribed under
paragraph (2)'';
(3) by striking ``Subsistence'' and inserting the following:
``(3) A subsistence''; and
(4) by inserting after the first sentence the following:
``(2) The Secretary of Defense shall prescribe by regulation the
monthly rates for subsistence allowances provided under this section.
The rate may not be less than $250 per month, but may not exceed $674
per month.''.
(c) Conforming and Stylistic Amendments.--Section 209 of such title
is further amended--
(1) in subsection (a), by inserting `` Senior ROTC Members in
Advanced Training.--'' after ``(a)'';
(2) in subsection (b)--
(A) by inserting `` Senior ROTC Members Appointed in Reserves.--''
after ``(b)''; and
(B) by striking ``in the amount provided in subsection (a)'' and
inserting ``at a rate prescribed under subsection (a)'';
(3) in subsection (c), by inserting `` Pay While Attending Training
or Practice Cruise.--'' after ``(c)'' the first place it appears; and
(4) in subsection (d)--
(A) by inserting `` Members of Marine Corps Officer Candidate
Program.--'' after ``(d)''; and
(B) by striking ``the same rate as that prescribed by subsection
(a),'' and inserting ``a monthly rate prescribed under subsection (a)''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect October 1, 2001.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 621. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime
Specialties.--Section 302g(f) of title 37, United States Code, is
amended by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such title
is amended by striking ``December 31, 2000'' and inserting ``December
31, 2001''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section 308h(g)
of such title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of such title is
amended by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(h) Repayment of Education Loans for Certain Health Professionals Who
Serve in the Selected Reserve.--Section 16302(d) of title 10, United
States Code, is amended by striking ``January 1, 2001'' and inserting
``January 1, 2002''.
SEC. 622. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section 302e(a)(1)
of title 37, United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
SEC. 623. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2000,'' and
inserting ``December 31, 2001,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(c) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
(d) Nuclear Career Accession Bonus.--Section 312b(c) of such title is
amended by striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(e) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
SEC. 624. REVISION OF ENLISTMENT BONUS AUTHORITY.
(a) Bonus Authorized.--(1) Title 37, United States Code, is amended
by inserting after section 308i the following new section:
``309. Special pay: enlistment bonus
``(a) Bonus Authorized; Bonus Amount.--A person who enlists in an
armed force for a period of at least 2 years may be paid a bonus in an
amount not to exceed $20,000. The bonus may be paid in a single lump sum
or in periodic installments.
``(b) Repayment of Bonus.--(1) A member of the armed forces who
voluntarily, or because of the member's misconduct, does not complete
the term of enlistment for which a bonus was paid under this section, or
a member who is not technically qualified in the skill for which the
bonus was paid, if any (other than a member who is not qualified because
of injury, illness, or other impairment not the result of the member's
misconduct), shall refund to the United States that percentage of the
bonus that the unexpired part of member's enlistment is of the total
enlistment period for which the bonus was paid.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of an enlistment for which a bonus
was paid under this section does not discharge the person receiving the
bonus from the debt arising under paragraph (1).
``(c) Relation to Prohibition on Bounties.--The enlistment bonus
authorized by this section is not a bounty for purposes of section
514(a) of title 10.
``(d) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under the jurisdiction of the Secretary of Defense and by the Secretary
of Transportation for the Coast Guard when the Coast Guard is not
operating as a service in the Navy.
``(e) Duration of Authority.--No bonus shall be paid under this
section with respect to any enlistment in the armed forces made after
December 31, 2001.''.
(2) The table of sections at the beginning of chapter 5 of such title
is amended by inserting after the item relating to section 308i the
following new item:
``309. Special pay: enlistment bonus.''.
(b) Repeal of Superseded Enlistment Bonus Authorities.--(1) Sections
308a and 308f of title 37, United States Code, are repealed.
(2) The table of sections at the beginning of chapter 5 of such title
is amended by striking the items relating to such sections.
(c) Effective Date.--(1) The amendments made by subsection (a) shall
take effect on October 1, 2000, and apply
with respect to enlistments in the Armed Forces made on or
after that date.
(2) The amendments made by subsection (b) shall take effect on
October 1, 2000. The repeal of sections 308a and 308f of title 37,
United States Code, by such subsection shall not affect the validity or
terms of any bonus provided under such sections for enlistments in the
Armed Forces made before that date.
SEC. 625. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR
RESERVE MEDICAL AND DENTAL OFFICERS.
(a) Consistent Descriptions of Active Duty.--Section 302(h)(1) of
title 37, United States Code, is amended by inserting before the period
at the end the following: ``, including active duty in the form of
annual training, active duty for training, and active duty for special
work''.
(b) Relation to Other Special Pay Authorities.--Subsection (d) of
section 302f of such title is amended to read as follows:
``(d) Special Rule for Reserve Medical and Dental Officers.--While a
reserve medical or dental officer receives a special pay under section
302 or 302b of this title by reason of subsection (a), the officer shall
not be entitled to special pay under section 302(h) or 302b(h) of this
title.''.
SEC. 626. ELIMINATION OF REQUIRED CONGRESSIONAL NOTIFICATION
BEFORE IMPLEMENTATION OF CERTAIN SPECIAL PAY AUTHORITY.
(a) Retention Special Pay for Optometrists.--(1) Section 302a(b)(1)
of title 37, United States Code, is amended by striking ``an officer
described in paragraph (2) may be paid'' and inserting ``the Secretary
concerned may pay an officer described in paragraph (2) a''.
(2) Section 617 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101 510; 10 U.S.C. 302a note) is amended by
striking subsection (b).
(b) Special Pay for Officers in Nursing Specialties.--(1) Section
302e(b)(2)(A) of title 37, United States Code, is amended by striking
``the Secretary'' and inserting ``the Secretary of the military
department concerned''.
(2) Section 614 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101 510; 10 U.S.C. 302e note) is amended by
striking subsection (c).
SEC. 627. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST GUARD.
Section 302c(d)(1) of title 37, United States Code, is amended by
inserting after ``nurse,'' the following: ``an officer of the Coast
Guard or Coast Guard Reserve designated as a physician assistant,''.
SEC. 628. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS FOR
PHARMACY OFFICERS.
(a) Authorization of Special Pay and Bonus.--Chapter 5 of title 37,
United States Code, is amended by inserting after section 302h the
following new sections:
``302i. Special pay: pharmacy officers
``(a) Army, Navy, and Air Force Pharmacy Officers.--Under regulations
prescribed pursuant to section 303a of this title, the Secretary of the
military department concerned may, subject to subsection (c), pay
special pay at the rates specified in subsection (d) to an officer who--
``(1) is a pharmacy officer in the Medical Service Corps of the Army
or Navy or the Biomedical Sciences Corps of the Air Force; and
``(2) is on active duty under a call or order to active duty for a
period of not less than one year.
``(b) Public Health Service Corps.--Subject to subsection (c), the
Secretary of Health and Human Services may pay special pay at the rates
specified in subsection (d) to an officer who--
``(1) is an officer in the Regular or Reserve Corps of the Public
Health Service and is designated as a pharmacy officer; and
``(2) is on active duty under a call or order to active duty for a
period of not less than one year.
``(c) Limitation.--Special pay may not be paid under this section to
an officer serving in a pay grade above pay grade O 6.
``(d) Rate of Special Pay.--The rate of special pay paid to an
officer under subsection (a) or (b) is as follows:
``(1) $3,000 per year, if the officer is undergoing pharmacy
internship training or has less than 3 years of creditable service.
``(2) $7,000 per year, if the officer has at least 3 but less than 6
years of creditable service and is not undergoing pharmacy internship
training.
``(3) $7,000 per year, if the officer has at least 6 but less than 8
years of creditable service.
``(4) $12,000 per year, if the officer has at least 8 but less than
12 years of creditable service.
``(5) $10,000 per year, if the officer has at least 12 but less than
14 years of creditable service.
``(6) $9,000 per year, if the officer has at least 14 but less than
18 years of creditable service.
``(7) $8,000 per year, if the officer has 18 or more years of
creditable service.
``302j. Special pay: accession bonus for pharmacy officers
``(a) Accession Bonus Authorized.--A person who is a graduate of an
accredited pharmacy school and who, during the period beginning on the
date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 and ending on September 30, 2004,
executes a written agreement described in subsection (c) to accept a
commission as an officer of a uniformed service and remain on active
duty for a period of not less than 4 years may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession bonus in an
amount determined by the Secretary concerned.
``(b) Limitation on Amount of Bonus.--The amount of an accession
bonus under subsection (a) may not exceed $30,000.
``(c) Limitation on Eligibility for Bonus.--A person may not be paid
a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to accept an
appointment as a warrant or commissioned officer, received financial
assistance from the Department of Defense or the Department of Health
and Human Services to pursue a course of study in pharmacy; or
``(2) the Secretary concerned determines that the person is not
qualified to become and remain licensed as a pharmacist.
``(d) Agreement.--The agreement referred to in subsection (a) shall
provide that, consistent with the needs of the uniformed service
concerned, the person executing the agreement shall be assigned to duty,
for the period of obligated service covered by the agreement, as a
pharmacy officer in the Medical Service Corps of the Army or Navy, a
biomedical sciences officer in the Air Force designated as a pharmacy
officer, or a pharmacy officer of the Public Health Service.
``(e) Repayment.--(1) An officer who receives a payment under
subsection (a) and who fails to become and remain licensed as a
pharmacist during the period for which the payment is made shall refund
to the United States an amount equal to the full amount of such payment.
``(2) An officer who voluntarily terminates service on active duty
before the end of the period agreed to be served under subsection (a)
shall refund to the United States an amount that bears the same ratio to
the amount paid to the officer as the unserved part of such period bears
to the total period agreed to be served.
``(3) An obligation to reimburse the United States under paragraph
(1) or (2) is for all purposes a debt owed to the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of an agreement under this section
does not discharge the person signing such agreement from a debt arising
under such agreement or this subsection. This paragraph applies to any
case commenced under title 11 after the date of the enactment of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001.''.
(b) Administration.--Section 303a of title 37, United States Code, is
amended by striking ``302h'' each place it appears and inserting
``302j''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by inserting after the item relating
to section 302h the following new items:
``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.''.
SEC. 629. CORRECTION OF REFERENCES TO AIR FORCE VETERINARIANS.
Section 303(a) of title 37, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``who is designated as a
veterinary officer'' and inserting ``who is an officer in the Biomedical
Sciences Corps and holds a degree in veterinary medicine''; and
(2) in paragraph (2), by striking subparagraph (B) and inserting the
following:
``(B) of a reserve component of the Air Force, of the Army or the
Air Force without specification of component, or of the National Guard,
who--
``(i) is designated as a veterinary officer; or
``(ii) is an officer in the Biomedical Sciences Corps of the Air
Force and holds a degree in veterinary medicine; or''.
SEC. 630. CAREER SEA PAY.
(a) Reform of Authorities.--Section 305a of title 37, United States
Code, is amended--
(1) in subsection (a), by striking ``(a) Under regulations
prescribed by the President, a member'' and inserting ``(a) Availability
of Special Pay.--A member'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by striking subsections (b) and (c) and inserting the following
new subsections:
``(b) Rates; Maximum.--The Secretary concerned shall prescribe the
monthly rates for special pay applicable to members of each armed force
under the Secretary's jurisdiction. No monthly rate may exceed $750.
``(c) Premium.--A member of a uniformed service entitled to career
sea pay under this section who has served 36 consecutive months of sea
duty is also entitled to a career sea pay premium for the thirty-seventh
consecutive month and each subsequent consecutive month of sea duty
served by such member. The monthly amount of the premium shall be
prescribed by the Secretary concerned, but may not exceed $350.
``(d) Regulations.--The Secretary concerned shall prescribe
regulations for the administration of this section for the armed force
or armed forces under the jurisdiction of the Secretary. The
entitlements under this section shall be subject to the regulations.''.
(b) Stylistic Amendment.--Subsection (e) of such section, as
redesignated by subsection (a)(2), is amended by inserting before
``(1)'' in paragraph (1) the following: `` Definition of Sea Duty.--''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000, and shall apply with respect to months
beginning on or after that date.
SEC. 631. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY.
Section 307(a) of title 37, United States Code, is amended--
(1) by striking ``$275'' and inserting ``$600''; and
(2) by striking the second sentence.
SEC. 632. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND
OTHER RESERVES NOT ON ACTIVE DUTY TO RECEIVE SPECIAL DUTY ASSIGNMENT
PAY.
(a) Authority.--Section 307 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(d)(1) Under regulations prescribed by the Secretary concerned and
to the extent provided for by appropriations, when an enlisted member of
the National Guard or a reserve component of a uniformed service who is
entitled to compensation under section 206 of this title performs duty
for which a member described in subsection (a) is entitled to special
pay under such subsection, the member of the National Guard or reserve
component is entitled to an increase in compensation equal to \1/30\ of
the monthly special duty assignment pay prescribed by the Secretary
concerned for the performance of that same duty by members described in
subsection (a).
``(2) A member of the National Guard or a reserve component entitled
to an increase in compensation under paragraph (1) is entitled to the
increase--
``(A) for each regular period of instruction, or period of
appropriate duty, at which the member is engaged for at least two hours,
including that performed on a Sunday or holiday; or
``(B) for the performance of such other equivalent training,
instruction, duty, or appropriate duties, as the Secretary may prescribe
under section 206(a) of this title.
``(3) This subsection does not apply to a member of the National
Guard or a reserve component who is entitled to basic pay under section
204 of this title.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect October 1, 2000.
SEC. 633. AUTHORIZATION OF RETENTION BONUS FOR MEMBERS OF THE
ARMED FORCES QUALIFIED IN A CRITICAL MILITARY SKILL.
(a) Bonus Authorized.--(1) Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
``323. Special pay: retention incentives for members qualified
in a critical military skill
``(a) Retention Bonus Authorized.--An officer or enlisted member of
the armed forces who is serving on active duty and is qualified in a
designated critical military skill may be paid a retention bonus as
provided in this section if--
``(1) in the case of an officer, the member executes a written
agreement to remain on active duty for at least 1 year; or
``(2) in the case of an enlisted member, the member reenlists or
voluntarily extends the member's enlistment for a period of at least 1
year.
``(b) Designation of Critical Skills.--(1) A designated critical
military skill referred to in subsection (a) is a military skill
designated as critical by the Secretary of Defense, or by the Secretary
of Transportation with respect to the Coast Guard when it is not
operating as a service in the Navy.
``(2) The Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service in
the Navy, shall notify Congress, in advance, of each military skill to
be designated by the Secretary as critical for purposes of this section.
The notice shall be submitted at least 90 days before any bonus with
regard to that critical skill is offered under subsection (a) and shall
include a discussion of the necessity for the bonus, the amount and
method of payment of the bonus, and the retention results that the bonus
is expected to achieve.
``(c) Payment Methods.--A bonus under this section may be paid in a
single lump sum or in periodic installments.
``(d) Maximum Bonus Amount.--A member may enter into an agreement
under this section, or reenlist or voluntarily extend the member's
enlistment, more than once to receive a bonus under this section.
However, a member may not receive a total of more than $200,000 in
payments under this section.
``(e) Certain Members Ineligible.--A retention bonus may not be
provided under subsection (a) to a member of the armed forces who--
``(1) has completed more than 25 years of active duty; or
``(2) will complete the member's twenty-fifth year of active duty
before the end of the period of active duty for which the bonus is being
offered.
``(f) Relationship to Other Incentives.--A retention bonus paid under
this section is in addition to any other pay and allowances to which a
member is entitled.
``(g) Repayment of Bonus.--(1) If an officer who has entered into a
written agreement under subsection (a) fails to complete the total
period of active duty specified in the agreement, or an enlisted member
who voluntarily or because of misconduct does not complete the term of
enlistment for which a bonus was paid under this section, the Secretary
of Defense, and the Secretary of Transportation with respect to members
of the Coast Guard when it is not operating as a service in the Navy,
may require the member to repay the United States, on a pro rata basis
and to the extent that the Secretary determines conditions and
circumstances warrant, all sums paid under this section.
``(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered into
under subsection (a) does not discharge the member from a debt arising
under paragraph (2).
``(h) Annual Report.--Not later than February 15 of each year, the
Secretary of Defense and the Secretary of Transportation shall submit to
Congress a report--
``(1) analyzing the effect, during the preceding fiscal year, of the
provision of bonuses under this section on the retention of members
qualified in the critical military skills for which the bonuses were
offered; and
``(2) describing the intentions of the Secretary regarding the
continued use of the bonus authority during the current and next fiscal
years.
``(i) Termination of Bonus Authority.--No bonus may be paid under
this section with respect to any reenlistment, or voluntary extension of
an enlistment, in the armed forces entered into after December 31, 2001,
and no agreement under this section may be entered into after that
date.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``323. Special pay: retention incentives for members qualified in
a critical military skill.''.
(b) Effective Date.--Section 323 of title 10, United States Code, as
added by subsection (a), shall take effect on October 1, 2000.
SEC. 634. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC
HEALTH SERVICE CORPS TO SPECIAL PAYS AND BONUSES OF HEALTH PROFESSIONAL
OFFICERS OF THE ARMED FORCES.
(a) In General.--Section 303a of title 37, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and
(d); and
(2) by inserting after subsection (a) the following new subsection
(b):
``(b)(1) Except as provided in paragraph (2) or as otherwise provided
under a provision of this chapter, a commissioned officer in the Regular
or Reserve Corps of the Public Health Service is entitled to special pay
under a provision of this chapter in the same amounts, and under the
same terms and conditions, as a commissioned officer of the armed forces
is entitled to special pay under that provision.
``(2) A commissioned medical officer in the Regular or Reserve Corps
of the Public Health Service (other than an officer serving in the
Indian Health Service) may not receive additional special pay under
section 302(a)(4) of this title for any period during which the officer
is providing obligated service under the following provisions of law:
``(A) Section 338B of the Public Health Service Act (42 U.S.C. 254 l
1).
``(B) Section 225(e) of the Public Health Service Act, as that
section was in effect before October 1, 1977.
``(C) Section 752 of the Public Health Service Act, as that section
was in effect between October 1, 1977, and August 13, 1981.''.
(b) Repeal of Superseded Provisions.--Section 208(a) of the Public
Health Service Act (42 U.S.C. 210(a)) is amended--
(1) by striking paragraphs (2) and (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
``(2) For provisions relating to the receipt of special pay by
commissioned officers of the Regular and Reserve Corps while on active
duty, see section 303a(b) of title 37, United States Code.''.
Subtitle C--Travel and Transportation Allowances
SEC. 641. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS
AND DEPENDENTS.
(a) Subsistence Expenses.-- 7E 7E 7E 7ESection 404a of title 37,
United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections (d) and
(e), respectively; and
(2) by striking subsection (a) and inserting the following:
``(a) Payment or Reimbursement of Subsistence Expenses.--(1) Under
regulations prescribed by the Secretaries concerned, a member of a
uniformed service who is ordered to make a change of permanent station
described in paragraph (2) shall be paid or reimbursed for subsistence
expenses of the member and the member's dependents for the period
(subject to subsection (c)) for which the member and dependents occupy
temporary quarters incident to that change of permanent station.
``(2) Paragraph (1) applies to the following:
``(A) A permanent change of station from any duty station to a duty
station in the United States (other than Hawaii or Alaska).
``(B) A permanent change of station from a duty station in the
United States (other than Hawaii or Alaska) to a duty station outside
the United States or in Hawaii or Alaska.
``(C) In the case of an enlisted member who is reporting to the
member's first permanent duty station, the change from the member's home
of record or initial technical school to that first permanent duty
station.
``(b) Payment in Advance.--The Secretary concerned may make any
payment for subsistence expenses to a member under this section in
advance of the member actually incurring the expenses. The amount of an
advance payment made to a member shall be computed on the basis of the
Secretary's determination of the average number of days that members and
their dependents occupy temporary quarters under the circumstances
applicable to the member and the member's dependents.
``(c) Maximum Payment Period.--(1) In the case of a change of
permanent station described in subparagraph (A) or (C) of subsection
(a)(2), the period for which subsistence expenses are to be paid or
reimbursed under this section may not exceed 10 days.
``(2) In the case of a change of permanent station described in
subsection (a)(2)(B)--
``(A) the period for which such expenses are to be paid or
reimbursed under this section may not exceed five days; and
``(B) such payment or reimbursement may be provided only for
expenses incurred before leaving the United States (other than Hawaii or
Alaska).''.
(b) Per Diem.--Section 405 of such title is amended to read as
follows:
``405. Travel and transportation allowances: per diem while on
duty outside the United States or in Hawaii or Alaska
``(a) Per Diem Authorized.--Without regard to the monetary limitation
of this title, the Secretary concerned may pay a per diem to a member of
the uniformed services who is on duty outside of the United States or in
Hawaii or Alaska, whether or not the member is in a travel status. The
Secretary may pay the per diem in advance of the accrual of the per
diem.
``(b) Determination of Per Diem.--In determining the per diem to be
paid under this section, the Secretary concerned shall consider all
elements of the cost of living to members of the uniformed services
under the Secretary's jurisdiction and their dependents, including the
cost of quarters, subsistence, and other necessary incidental expenses.
However, dependents may not be considered in determining the per diem
allowance for a member in a travel status.
``(c) Treatment of Housing Cost and Allowance.--Housing cost and
allowance may be disregarded in prescribing a station cost of living
allowance under this section.''.
(c) Stylistic Amendments.--Section 404a of such title is further
amended--
(1) in subsection (d), as redesignated by subsection (a), by
striking ``(d)'' and inserting ``(d) Daily Subsistence Rates.--''; and
(2) in subsection (e), as redesignated by subsection (a), by
striking ``(e)'' and inserting ``(e) Maximum Daily Payment.--''.
SEC. 642. ADDITIONAL TRANSPORTATION ALLOWANCE REGARDING
BAGGAGE AND HOUSEHOLD EFFECTS.
(a) Pet Quarantine Fees.--Section 406(a)(1) of title 37, United
States Code, is amended by adding at the end the following new sentence:
``The Secretary concerned may also reimburse the member for mandatory
pet quarantine fees for household pets, but not to exceed $275 per
change of station, when the member incurs the fees incident to such
change of station.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect October 1, 2000.
SEC. 643. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD GOODS
IN LESS THAN AVERAGE WEIGHTS.
Section 406(b)(1) of title 37, United States Code, is amended by
adding at the end the following new subparagraph:
``(G) Under regulations prescribed by the Secretary of Defense, the
Secretary concerned may pay a member a share (determined pursuant to
such regulations) of the savings resulting to the United States when the
total weights of the member's baggage and household effects shipped and
stored under subparagraph (A) are less than the average weights of the
baggage and household effects that are shipped and stored, respectively,
by other members in the same grade and with the same dependents status
as the member in connection with changes of station that are comparable
to the member's change of station. The total savings shall be equal to
the difference between the cost of shipping and cost of storing such
average weights of baggage and household effects, respectively, and the
corresponding costs associated with the weights of the member's baggage
and household effects. For the administration of this subparagraph, the
Secretary of Defense shall annually determine the average weights of
baggage and household effects shipped and stored in connection with a
change of temporary or permanent station.''.
SEC. 644. EQUITABLE DISLOCATION ALLOWANCES FOR JUNIOR ENLISTED MEMBERS.
Section 407(c)(1) of title 37, United States Code, is amended by
inserting before the period at the end the following: ``, except that
the Secretary concerned may not differentiate between members with
dependents in pay grades E 1 through E 5''.
SEC. 645. AUTHORITY TO REIMBURSE MILITARY RECRUITERS, SENIOR
ROTC CADRE, AND MILITARY ENTRANCE PROCESSING PERSONNEL FOR CERTAIN
PARKING EXPENSES.
(a) Reimbursement Authority.--Chapter 7 of title 37, United States
Code, is amended by inserting after section 411h the following new
section:
``411i. Travel and transportation allowances: parking expenses
``(a) Reimbursement Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary of a military department may
reimburse eligible Department of Defense personnel for expenses incurred
after October 1, 2001, for parking a privately owned vehicle at a place
of duty described in subsection (b).
``(b) Eligibility.--A member of the Army, Navy, Air Force, or Marine
Corps or an employee of the Department of Defense may be reimbursed
under subsection (a) for parking expenses while--
``(1) assigned to duty as a recruiter for any of the armed forces;
``(2) assigned to duty at a military entrance processing facility of
the armed forces; or
``(3) detailed for instructional and administrative duties at any
institution where a unit of the Senior Reserve Officers' Training Corps
is maintained.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
411h the following new item:
``411i. Travel and transportation allowances: parking expenses.''.
SEC. 646. EXPANSION OF FUNDED STUDENT TRAVEL FOR DEPENDENTS.
Section 430 of title 37, United States Code, is amended--
(1) in subsections (a)(3) and (b)(1), by striking ``for the purpose
of obtaining a secondary or undergraduate college education'' and
inserting ``for the purpose of obtaining a formal education''; and
(2) in subsection (f)--
(A) by striking ``In this section, the term'' and inserting the
following:
``In this section:
``(1) The term''; and
(B) by adding at the end the following new subparagraph:
``(2) The term `formal education' means the following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a full-time basis at an
institution of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(D) Vocational education pursued on a full-time basis at a
post-secondary vocational institution (as defined in section 102(c) of
the Higher Education Act of 1965 (20 U.S.C. 1002(c))).''.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 651. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION
FOR MEMBERS RETIRED FOLLOWING A DISCIPLINARY REDUCTION IN GRADE.
Section 1407 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``The retired pay base'' and
inserting ``Except as provided in subsection (f), the retired pay
base''; and
(2) by adding at the end the following new subsection:
``(f) Exception for Enlisted Members Reduced in Grade and Officers
Who Do Not Serve Satisfactorily in Highest Grade Held.--
``(1) Computation based on pre-high-three rules.--In the case of a
member or former member described in paragraph (2), the retired pay base
or retainer pay base is determined under section 1406 of this title in
the same manner as if the member or former member first became a member
of a uniformed service before September 8, 1980.
``(2) Affected members.--A member or former member referred to in
paragraph (1) is a member or former member who by reason of conduct
occurring after the date of the enactment of this subsection--
``(A) in the case of a member retired in an enlisted grade or
transferred to the Fleet Reserve or Fleet Marine Corps Reserve, was at
any time reduced in grade as the result of a court-martial sentence,
nonjudicial punishment, or an administrative action, unless the member
was subsequently promoted to a higher enlisted grade or appointed to a
commissioned or warrant grade; and
``(B) in the case of an officer, is retired in a grade lower than
the highest grade in which served by reason of denial of a determination
or certification under section 1370 of this title that the officer
served on active duty satisfactorily in that grade.
``(3) Special rule for enlisted members.--In the case of a member
who retires within three years after having been reduced in grade as
described in paragraph (2)(A), who retires in an enlisted grade that is
lower than the grade from which reduced, and who would be subject to
paragraph (1) but for a subsequent promotion to a higher enlisted grade
or a subsequent appointment to a warrant or commissioned grade, the
rates of basic pay used in the computation of the member's high-36
average for the period of the member's service in a grade higher than
the grade in which retired shall be the rates of pay that would apply if
the member had been serving for that period in the grade in which
retired.''.
SEC. 652. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT
POINTS THAT MAY BE CREDITED IN ANY YEAR.
Section 12733(3) of title 10, United States Code, is amended by
striking ``but not more than'' and all that follows and inserting ``but
not more than--
``(A) 60 days in any one year of service before the year of service
that includes September 23, 1996;
``(B) 75 days in the year of service that includes September 23,
1996, and in any subsequent year of service before the year of service
that includes the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001; and
``(C) 90 days in the year of service that includes the date of the
enactment of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 and in any subsequent year of service.''.
SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR
RETIREMENT.
(a) Conversion to Reserve Retirement.--(1) Chapter 1223 of title 10,
United States Code, is amended by adding at the end the following new
section:
``12741. Retirement from active reserve service performed
after regular retirement
``(a) Election of Reserve Retired Pay.--A person who, after becoming
entitled to retired or retainer pay under chapter 65, 367, 571, or 867
of this title, serves in an active status in a reserve component is
entitled to retired pay under this chapter if--
``(1) the person would, but for paragraphs (3) and (4) of section
12731(a) of this title, otherwise be entitled to retired pay under this
chapter;
``(2) the person elects under this section to receive retired pay
under this chapter; and
``(3) the person's service in an active status after having become
entitled to retired or retainer pay under that chapter is determined by
the Secretary concerned to have been satisfactory.
``(b) Actions To Effectuate Election.--As of the effective date of an
election made by a person under subsection (a), the Secretary concerned
shall--
``(1) terminate the person's entitlement to retired or retainer pay
under the applicable chapter of this title referred to in subsection
(a); and
``(2) in the case of a reserve commissioned officer, transfer the
officer to the Retired Reserve.
``(c) Time and Form of Election.--An election under subsection (b)
shall be made within such time and in such form as the Secretary
concerned requires.
``(d) Effective Date of Election.--An election made by a person under
subsection (b) shall be effective--
``(1) except as provided in paragraph (2)(B), as of the date on
which the person attains 60 years of age, if the Secretary concerned
receives the election in accordance with this section within 180 days
after that date; or
``(2) on the first day of the first month that begins after the date
on which the Secretary concerned receives the election in accordance
with this section, if--
``(A) the date of the receipt of the election is more than 180 days
after the date on which the person attains 60 years of age; or
``(B) the person retires from service in an active status within
that 180-day period.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``12741. Retirement from active service performed after regular
retirement.''.
(b) Effective Date.--Section 12741 of title 10, United States Code,
as added by subsection (a), shall take effect 180 days after the date of
the enactment of this Act and shall apply with respect to retired pay
payable for months beginning on of after that effective date.
SEC. 654. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER
FEDERAL OFFICIALS REGARDING PAYMENT OF MILITARY RETIRED PAY.
(a) Article III Judges.--(1) Section 371 of title 28, United States
Code, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(2) Subsection (b) of such section is amended by striking
``subsection (f)'' each place it appears and inserting ``subsection
(e)''.
(b) Judges of United States Court of Federal Claims.--(1) Section 180
of title 28, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 7 of such title
is amended by striking the item relating to section 180.
(c) Retroactive Effective Date.--The amendments made by this section
shall take effect as of October 1, 1999.
SEC. 655. RESERVE COMPONENT SURVIVOR BENEFIT PLAN SPOUSAL
CONSENT REQUIREMENT.
(a) Eligible Participants.--Subsection (a)(2)(B) of section 1448 of
title 10, United States Code, is amended to read as follows:
``(B) Reserve-component annuity participants.--A person who (i) is
eligible to participate in the Plan under paragraph (1)(B), and (ii) is
married or has a dependent child when he is notified under section
12731(d) of this title that he has completed the years of service
required for eligibility for reserve-component retired pay, unless the
person elects (with his spouse's concurrence, if required under
paragraph (3)) not to participate in the Plan before the end of the
90-day period beginning on the date on which he receives that
notification.''.
(b) Subsequent Election To Participate.--Subsection (a)(3)(B) of such
section is amended--
(1) by striking ``who elects to provide'' and inserting ``who is
eligible to provide'';
(2) by redesignating clauses (i) and (ii) as clauses (iii) and (iv),
respectively; and
(3) by inserting before clause (iii) (as so redesignated) the
following new clauses:
``(i) not to participate in the Plan;
``(ii) to designate under subsection (e)(2) the effective date for
commencement of annuity payments under the Plan in the event that the
member dies before becoming 60 years of age to be the 60th anniversary
of the member's birth (rather than the day after the date of the
member's death);''.
(c) Conforming Amendments.--Subchapter II of chapter 73 of such title
is further amended--
(1) in section 1448(a)(2), by striking ``described in clauses (i)
and (ii)'' in the sentence following subparagraph (B) (as amended by
subsection (a)) and all that follows through ``that clause'' and
inserting ``who elects under subparagraph (B) not to participate in the
Plan'';
(2) in section 1448(a)(4)--
(A) by striking ``not to participate in the Plan'' in subparagraph
(A); and
(B) by striking ``to participate in the Plan'' in subparagraph (B);
(3) in section 1448(e), by striking ``a person electing to
participate'' and all that follows through ``making such election'' and
inserting ``a person is required to make a designation under this
subsection, the person''; and
(4) in section 1450(j)(1), by striking ``An annuity'' and all that
follows through the period and inserting ``A reserve-component annuity
shall be effective in accordance with the designation made under section
1448(e) of this title by the person providing the annuity.''.
(d) Effective Date.--The amendments made by this section apply only
with respect to a notification under section 12731(d) of title 10,
United States Code, made after January 1, 2001, that a member of a
reserve component has completed the years of service required for
eligibility for reserve-component retired pay.
SEC. 656. SENSE OF CONGRESS ON INCREASING SURVIVOR BENEFIT
PLAN ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR OLDER.
(a) Sense of Congress.--It is the sense of Congress that, subject to
the requirements and limitations of congressional budget procedures
relating to the enactment of new (or increased) entitlement authority,
there should be enacted legislation that increases the annuities
provided under the Survivor Benefit Plan program for surviving spouses
who are 62 years of age or older in order to reduce (and eventually
eliminate) the different levels of annuities under that program for
surviving spouses who are under age 62 and those who are 62 years of age
and older.
(b) Survivor Benefit Plan.--For purposes of this section, the term
``Survivor Benefit Plan program'' means the program of annuities for
survivors of members of the uniformed services provided under subchapter
II of chapter 73 of title 10, United States Code.
SEC. 657. REVISION TO SPECIAL COMPENSATION AUTHORITY TO REPEAL
EXCLUSION OF UNIFORMED SERVICES RETIREES IN RECEIPT OF DISABILITY
RETIRED PAY.
(a) Eligibility for Chapter 61 Retirees.--Section 1413(c) of title
10, United States Code, is amended by striking ``(other than a member
who is retired under chapter 61 of this title)''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2001, and shall apply to months that begin on or
after that date. No benefit may be paid under section 1413 of title 10,
United States Code, to any person by reason of the amendment made by
subsection (a) for any period before that date.
Subtitle E--Other Matters
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) Effective Date of Authority To Participate.--Section 663 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106
65; 113 Stat. 673; 5 U.S.C. 8440 note) is amended to read as follows:
``SEC. 663. EFFECTIVE DATE.
``(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle shall take effect 180 days after the
date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
``(b) Postponement Authority.--(1) The Secretary of Defense may
postpone by up to 180 days after the date that would otherwise apply
under subsection (a)--
``(A) the date as of which the amendments made by this subtitle
shall take effect; or
``(B) the date as of which section 211(a)(2) of title 37, United
States Code (as added by this subtitle) shall take effect.
``(2) Postponement authority under this subsection may be exercised
only to the extent that the failure to do so would prevent the Federal
Retirement Thrift Investment Board from being able to provide timely and
accurate services to investors or would place an excessive burden on the
administrative capacity of the Board to accommodate participants in the
Thrift Savings Plan, as determined by the Secretary of Defense after
consultation with the Executive Director (appointed by the Board).
``(3) Paragraph (1) includes the authority to postpone the effective
date of the amendments made by this subtitle (apart from section
211(a)(2) of title 37, United States Code), and the effective date of
such section 211(a)(2), by different lengths of time.
``(4) The Secretary shall notify the congressional defense
committees, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the Senate
of any determination made under this subsection.''.
(b) Regulations.--Section 661(b) of such Act (113 Stat. 672; 5 U.S.C.
8440e note) is amended by striking ``the date on which'' and all that
follows through ``later,'' and inserting ``the 180th day after the date
of the enactment of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001,''.
(c) Conforming Amendment.--Section 8440e(b)(2)(B)(i) of title 5,
United States Code, is amended by striking ``as of'' and all that
follows through ``thereof)'' and inserting ``as of the effective date
that applies with respect to such individual under section 663 of the
National Defense Authorization Act for Fiscal Year 2000''.
SEC. 662. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL
SUPPLEMENTAL FOOD PROGRAM.
Section 1060a(c)(1)(B) of title 10, United States Code, is amended by
striking the second sentence and inserting the following new sentence:
``In the application of such criterion, the Secretary shall exclude from
income any basic allowance for housing as permitted under section
17(d)(2)(B) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)(2)(B)).''.
SEC. 663. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING FOR
INACTIVE-DUTY TRAINING.
(a) In General.--(1) Chapter 1217 of title 10, United States Code, is
amended by inserting after section 12603 the following new section:
``12604. Billeting in Department of Defense facilities:
Reserves attending inactive-duty training
``(a) Authority for Billeting on Same Basis as Active Duty Members
Traveling Under Orders.--The Secretary of Defense shall prescribe
regulations authorizing a Reserve traveling to inactive-duty training at
a location more than 50 miles from that Reserve's residence to be
eligible for billeting in Department of Defense facilities on the same
basis and to the same extent as a member of the armed forces on active
duty who is traveling under orders away from the member's permanent duty
station.
``(b) Proof of Reason for Travel.--The Secretary shall include in the
regulations the means for confirming a Reserve's eligibility for
billeting under subsection (a).''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 12603 the following new
item:
``12604. Billeting in Department of Defense facilities: Reserves
attending inactive-duty training.''.
(b) Effective Date.--Section 12604 of title 10, United States Code,
as added by subsection (a), shall apply with respect to periods of
inactive-duty training beginning more than 180 days after the date of
the enactment of this Act.
SEC. 664. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED
LEAVE AND FOR RETIRED PAY.
(a) Claims for Payments for Unused Accrued Leave.--Subsection
(a)(1)(A) of section 3702 of title 31, United States Code, is amended by
inserting ``payments for unused accrued leave,'' after
``transportation,''.
(b) Waiver of Time Limitations.--Subsection (e)(1) of such section is
amended by striking ``claim for pay or allowances provided under title
37'' and inserting ``claim for pay, allowances, or payment for unused
accrued leave under title 37 or a claim for retired pay under title
10''.
SEC. 665. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL
INCURRING INJURY, ILLNESS, OR DISEASE IN THE PERFORMANCE OF FUNERAL
HONORS DUTY.
(a) Incapacitation Pay.--Section 204 of title 37, United States Code,
is amended--
(1) in subsection (g)(1)--
(A) by striking ``or'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and
inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under section 12503 of title 10
or section 115 of title 32;
``(ii) traveling to or from the place at which the duty was to be
performed; or
``(iii) remaining overnight at or in the vicinity of that place
immediately before so serving, if the place is outside reasonable
commuting distance from the member's residence.''; and
(2) in subsection (h)(1)--
(A) by striking ``or'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and
inserting ``; or''; and
(C) by adding at the end the following:
``(E) in line of duty while--
``(i) serving on funeral honors duty under section 12503 of title 10
or section 115 of title 32;
``(ii) traveling to or from the place at which the duty was to be
performed; or
``(iii) remaining overnight at or in the vicinity of that place
immediately before so serving, if the place is outside reasonable
commuting distance from the member's residence.''.
(b) Tort Claims.--Section 2671 of title 28, United States Code, is
amended by inserting ``115,'' in the second paragraph after ``members of
the National Guard while engaged in training or duty under section''.
(c) Applicability.--(1) The amendments made by subsection (a) shall
apply with respect to months beginning on or after the date of the
enactment of this Act.
(2) The amendment made by subsection (b) shall apply with respect to
acts and omissions occurring before, on, or after the date of the
enactment of this Act.
SEC. 666. AUTHORITY FOR EXTENSION OF DEADLINE FOR FILING
CLAIMS ASSOCIATED WITH CAPTURE AND INTERNMENT OF CERTAIN PERSONS BY
NORTH VIETNAM.
Section 657(d)(1) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2585) is amended by
adding at the end the following new sentence: ``The Secretary may, in
the case of any claim under this section, extend the time limitation
under the preceding sentence by up to 18 months if the Secretary
determines that such an extension in the case of that claim is necessary
to prevent an injustice or that failure of the claimant to file the
claim within that time limitation is due to excusable neglect.''.
SEC. 667. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS
SELECTED FOR PROMOTION WHILE INTERNED AS PRISONERS OF WAR DURING WORLD
WAR II.
(a) Entitlement of Former Prisoners of War.--Upon receipt of a claim
made in accordance with this section, the Secretary of the Navy shall
pay, from any appropriation currently available to the Secretary, back
pay to any person who, by reason of being interned as a prisoner of war
while serving as a member of the Navy or the Marine Corps during World
War II, was not available to accept a promotion for which the person had
been selected.
(b) Payment to Surviving Spouse of Deceased Former Member.--In the
case of a person described in subsection (a) who is deceased, the back
pay for that person under this section shall be paid to the living
surviving spouse of that person, if any. If there is no living surviving
spouse, no claim may be paid under this section with respect to that
person.
(c) Amount of Back Pay.--(1) The amount of back pay payable to or for
a person described in subsection (a) is the amount equal to the
difference between--
(A) the total amount of basic pay that would have been paid to that
person for service in the Navy or the Marine Corps for the back-pay
computation period if the person had been promoted to the grade to which
selected to be promoted; and
(B) the total amount of basic pay that was actually paid to or for
that person for such service for the back-pay computation period.
(2) For purposes of paragraph (1), the back-pay computation period
for a person covered by subsection (a) is the period--
(A) beginning on the date (as determined by the Secretary of the
Navy) as of when that person's promotion would have been effective for
pay purposes but for the person's internment as a prisoner of war; and
(B) ending on the earliest of--
(i) the date of the person's discharge or release from active duty;
(ii) the date on which the person's promotion to that grade in fact
became effective for pay purposes; and
(iii) the end of World War II.
(d) Time Limitations.--(1) To be eligible for a payment under this
section, a claimant must file a claim for such payment with the
Secretary of the Navy within two years after the effective date of the
regulations prescribed to carry out this section.
(2) Not later than 18 months after receiving a claim for payment
under this section, the Secretary shall determine the eligibility of the
claimant for payment of the claim. Subject to subsection (f), if the
Secretary determines that the claimant is eligible for the payment, the
Secretary shall promptly pay the claim.
(e) Regulations.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Navy shall prescribe
regulations to carry out this section. Such regulations shall include
procedures by which persons may submit claims for payment under this
section.
(f) Limitation on Disbursement.--(1) Notwithstanding any power of
attorney, assignment of interest, contract, or other agreement, the
actual disbursement of a payment of back pay under this section may be
made only to a person who is eligible for the payment under subsection
(a) or (b).
(2) In the case of a claim approved for payment but not disbursed as
a result of paragraph (1), the Secretary shall hold the funds in trust
for the person in an interest bearing account until such time as the
person makes an election under such paragraph.
(g) Attorney Fees.--Notwithstanding any contract, the representative
of a person may not receive, for services rendered in connection with
the claim of, or with respect to, a person under this section, more than
10 percent of the amount of a payment made under this section on that
claim.
(h) Outreach.--The Secretary of the Navy shall take such actions as
are necessary to ensure that the benefits and eligibility for benefits
under this section are widely publicized by means designed to provide
actual notice of the availability of the benefits in a timely manner to
the maximum number of eligible persons practicable.
(i) Definition.--In this section, the term ``World War II'' has the
meaning given that term in section 101(8) of title 38, United States
Code.
SEC. 668. SENSE OF CONGRESS CONCERNING FUNDING FOR RESERVE COMPONENTS.
It is the sense of Congress that it is in the national interest for
the President, in the President's Budget for each fiscal year, to
provide funds for the reserve components of the Armed Forces at a level
sufficient to ensure that the reserve components are able to meet the
requirements, including training requirements, specified for them in the
National Military Strategy.
TITLE VII--HEALTH CARE PROVISIONS
SUBTITLE A--HEALTH CARE SERVICES
Sec. 701. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 702. Chiropractic health care for members on active duty.
Sec. 703. School-required physical examinations for certain minor
dependents.
Sec. 704. Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members.
Sec. 705. Two-year extension of authority for use of contract
physicians at military entrance processing stations and elsewhere
outside medical treatment facilities.
Sec. 706. Medical and dental care for Medal of Honor recipients.
SUBTITLE B--SENIOR HEALTH CARE
Sec. 711. Implementation of TRICARE senior pharmacy program.
Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon
the attainment of age 65; expansion and modification of medicare
subvention project.
Sec. 713. Accrual funding for health care for medicare-eligible
retirees and dependents.
SUBTITLE C--TRICARE PROGRAM
Sec. 721. Improvement of access to health care under the TRICARE
program.
Sec. 722. Additional beneficiaries under TRICARE Prime Remote
program in the continental United States.
Sec. 723. Modernization of TRICARE business practices and increase
of use of military treatment facilities.
Sec. 724. Extension of TRICARE managed care support contracts.
Sec. 725. Report on protections against health care providers
seeking direct reimbursement from members of the uniformed services.
Sec. 726. Voluntary termination of enrollment in TRICARE retiree
dental program.
Sec. 727. Claims processing improvements.
Sec. 728. Prior authorizations for certain referrals and
nonavailability-of-health-care statements.
SUBTITLE D--DEMONSTRATION PROJECTS
Sec. 731. Demonstration project for expanded access to mental
health counselors.
Sec. 732. Teleradiology demonstration project.
Sec. 733. Health care management demonstration program.
SUBTITLE E--JOINT INITIATIVES WITH DEPARTMENT OF VETERANS AFFAIRS
Sec. 741. VA-DOD sharing agreements for health services.
Sec. 742. Processes for patient safety in military and veterans
health care systems.
Sec. 743. Cooperation in developing pharmaceutical identification
technology.
SUBTITLE F--OTHER MATTERS
Sec. 751. Management of anthrax vaccine immunization program.
Sec. 752. Elimination of copayments for immediate family.
Sec. 753. Medical informatics.
Sec. 754. Patient care reporting and management system.
Sec. 755. Augmentation of Army Medical Department by detailing
Reserve officers of the Public Health Service.
Sec. 756. Privacy of Department of Defense medical records.
Sec. 757. Authority to establish special locality-based
reimbursement rates; reports.
Sec. 758. Reimbursement for certain travel expenses.
Sec. 759. Reduction of cap on payments.
Sec. 760. Training in health care management and administration.
Sec. 761. Studies on feasibility of sharing biomedical research
facility.
Sec. 762. Study on comparability of coverage for physical, speech,
and occupational therapies.
Subtitle A--Health Care Services
SEC. 701. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR
CHAMPUS BENEFICIARIES AND CERTAIN FORMER CHAMPUS BENEFICIARIES.
(a) Continuation of Care for Certain CHAMPUS Beneficiaries.--Section
703(a)(1) of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106 65; 113 Stat. 682; 10 U.S.C. 1077 note) is amended by
inserting before the period at the end the following: ``or by the
prohibition in section 1086(d)(1) of such title''.
(b) Reimbursement for Services Provided.--Section 703(a) of such Act
is further amended by adding at the end the following new paragraph:
``(4) The Secretary may provide payment for domiciliary or custodial
care services provided to an eligible beneficiary for which payment was
discontinued by reason of section 1086(d) of title 10, United States
Code, and subsequently reestablished under other legal authority. Such
payment is authorized for the period beginning on the date of
discontinuation of payment for domiciliary or custodial care services
and ending on the date of reestablishment of payment for such
services.''.
(c) Cost Limitation for Individual Case Management Program.--(1)
Section 1079(a)(17) of title 10, United States Code, is amended--
(A) by inserting ``(A)'' after ``(17)''; and
(B) by adding at the end the following:
``(B) The total amount expended under subparagraph (A) for a fiscal
year may not exceed $100,000,000.''.
(2) Section 703 of the National Defense Authorization Act for Fiscal
Year 2000 is further amended by adding at the end the following:
``(e) Cost Limitation.--The total amount paid for services for
eligible beneficiaries under subsection (a) for a fiscal year (together
with the costs of administering the authority under that subsection)
shall be included in the expenditures limited by section 1079(a)(17)(B)
of title 10, United States Code.''.
(3) The amendments made by paragraphs (1) and (2) shall apply to
fiscal years after fiscal year 1999.
(d) Study Required.--(1) Not later than the date that is three months
after the date of the enactment of this Act, the Comptroller General of
the United States shall undertake a study to evaluate the coordination
and effectiveness of the supplemental disability health care programs of
the Department of Defense, the Program for Persons with Disabilities and
the Individual Case Management Program for Persons with Disabilities, as
such programs relate to other elements of the TRICARE program in meeting
the health care needs of disabled dependents of members of the Armed
Forces on active duty. The Comptroller General shall examine--
(A) the number of such dependents who receive services under the
Program for Persons with Disabilities, and the number of beneficiaries
receiving care under the Individual Case Management Program for Persons
with Disabilities, and a description of the patterns of use and
expenditures for services provided under such programs;
(B) the effectiveness of the existing system for coordinating the
provision of services under the TRICARE program and the supplemental
disability programs of the Department of Defense, including the
comprehensiveness of services and the cost effectiveness of providing
services;
(C) the extent to which the monthly maximum benefit imposed under
current law under the Program for Persons with Disabilities affects the
ability of beneficiaries to obtain needed health care services;
(D) the number of beneficiaries who are receiving services that
supplement services to the TRICARE program under the Program for Persons
with Disabilities and the Individual Case Management Program for Persons
with Disabilities; and
(E) the extent to which costs or lack of coverage for health care
services for disabled dependents of members of the Armed Forces on
active duty under existing military health care programs has caused
increased enrollment of such dependents in medicaid programs.
(2) Not later than April 16, 2001, the Comptroller General shall
submit to Congress a report on the results of the study under this
section, including recommendations for legislative or administrative
changes for providing a comprehensive, efficient, and complete system of
health care services for disabled dependents of members of the Armed
Forces on active duty.
SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.
(a) Plan Required.--(1) Not later than March 31, 2001, the Secretary
of Defense shall complete development of a plan to provide chiropractic
health care services and benefits, as a permanent part of the Defense
Health Program (including the TRICARE program), for all members of the
uniformed services who are entitled to care under section 1074(a) of
title 10, United States Code.
(2) The plan shall provide for the following:
(A) Access, at designated military medical treatment facilities, to
the scope of chiropractic services as determined by the Secretary, which
includes, at a minimum, care for neuro-musculoskeletal conditions
typical among military personnel on active duty.
(B) A detailed analysis of the projected costs of fully integrating
chiropractic health care services into the military health care system.
(C) An examination of the proposed military medical treatment
facilities at which such services would be provided.
(D) An examination of the military readiness requirements for
chiropractors who would provide such services.
(E) An examination of any other relevant factors that the Secretary
considers appropriate.
(F) Phased-in implementation of the plan over a 5-year period,
beginning on October 1, 2001.
(b) Consultation Requirements.--The Secretary of Defense shall
consult with the other administering Secretaries described in section
1073 of title 10, United States Code, and the oversight advisory
committee established under section 731 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103 337; 10 U.S.C.
1092 note) regarding the following:
(1) The development and implementation of the plan required under
subsection (a).
(2) Each report that the Secretary is required to submit to Congress
regarding the plan.
(3) The selection of the military medical treatment facilities at
which the chiropractic services described in subsection (a)(2)(A) are to
be provided.
(c) Continuation of Current Services.--Until the plan required under
subsection (a) is implemented, the Secretary shall continue to furnish
the same level of chiropractic health care services and benefits under
the Defense Health Program that is provided during fiscal year 2000 at
military medical treatment facilities that provide such services and
benefits.
(d) Report Required.--Not later than January 31, 2001, the Secretary
of Defense shall submit a report on the plan required under subsection
(a), together with appropriate appendices and attachments, to the
Committees on Armed Services of the Senate and the House of
Representatives.
(e) GAO Reports.--The Comptroller General shall monitor the
development and implementation of the plan required under subsection
(a), including the administration of services and benefits under the
plan, and periodically submit to the committees referred to in
subsection (d) written reports on such development and implementation.
SEC. 703. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN
MINOR DEPENDENTS.
Section 1076 of title 10, United States Code is amended by adding at
the end the following:
``(f)(1) The administering Secretaries shall furnish an eligible
dependent a physical examination that is required by a school in
connection with the enrollment of the dependent as a student in that
school.
``(2) A dependent is eligible for a physical examination under
paragraph (1) if the dependent--
``(A) is entitled to receive medical care under subsection (a) or is
authorized to receive medical care under subsection (b); and
``(B) is at least 5 years of age and less than 12 years of age.
``(3) Nothing in paragraph (2) may be construed to prohibit the
furnishing of a school-required physical examination to any dependent
who, except for not satisfying the age requirement under that paragraph,
would otherwise be eligible for a physical examination required to be
furnished under this subsection.''.
SEC. 704. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS
FOR SURVIVING DEPENDENTS OF CERTAIN DECEASED MEMBERS.
(a) Dental Benefits.--Section 1076a(k)(2) of title 10, United States
Code, is amended by striking ``one-year period'' and inserting
``three-year period''.
(b) Medical Benefits.--Section 1079(g) of title 10, United States
Code, is amended by striking ``one-year period'' in the second sentence
and inserting ``three-year period''.
SEC. 705. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF CONTRACT
PHYSICIANS AT MILITARY ENTRANCE PROCESSING STATIONS AND ELSEWHERE
OUTSIDE MEDICAL TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended by
striking ``December 31, 2000'' in the second sentence and inserting
``December 31, 2002''.
SEC. 706. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074g the following new section:
``1074h. Medical and dental care: medal of honor recipients; dependents
``(a) Medal of Honor Recipients.--A former member of the armed forces
who is a Medal of Honor recipient and who is not otherwise entitled to
medical and dental benefits under this chapter may, upon request, be
given medical and dental care provided by the administering Secretaries
in the same manner as if entitled to retired pay.
``(b) Immediate Dependents.--A person who is an immediate dependent
of a Medal of Honor recipient and who is not otherwise entitled to
medical and dental benefits under this chapter may, upon request, be
given medical and dental care provided by the administering Secretaries
in the same manner as if the Medal of Honor recipient were, or (if
deceased) was at the time of death, entitled to retired pay.
``(c) Definitions --In this section:
``(1) The term `Medal of Honor recipient' means a person who has
been awarded a medal of honor under section 3741, 6241, or 8741 of this
title or section 491 of title 14.
``(2) The term `immediate dependent' means a dependent described in
subparagraph (A), (B), (C), or (D) of section 1072(2) of this title.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1074g the following new
item:
``1074h. Medical and dental care: medal of honor recipients;
dependents.''.
(b) Effective Date.--Section 1074h of title 10, United States Code,
shall apply with respect to medical and dental care provided on or after
the date of the enactment of this Act.
Subtitle B--Senior Health Care
SEC. 711. IMPLEMENTATION OF TRICARE SENIOR PHARMACY PROGRAM.
(a) Expansion of TRICARE Senior Pharmacy Program.--Section 723 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105 261; 112 Stat. 2068; 10 U.S.C. 1073 note) is amended--
(1) in subsection (a)--
(A) by striking ``October 1, 1999'' and inserting ``April 1, 2001'';
and
(B) by striking ``who reside in an area selected under subsection
(f)'';
(2) by amending subsection (b) to read as follows:
``(b) Program Requirements.--The same coverage for pharmacy services
and the same requirements for cost sharing and reimbursement as are
applicable under section 1086 of title 10, United States Code, shall
apply with respect to the program required by subsection (a).'';
(3) in subsection (d)--
(A) by striking ``December 31, 2000'' and inserting ``December 31,
2001''; and
(B) by striking ``December 31, 2002'' and inserting ``December 31,
2003'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and'' after the semicolon;
(ii) in subparagraph (C), by striking ``; and'' and inserting a
period; and
(iii) by striking subparagraph (D); and
(B) in paragraph (2), by striking ``at the time'' and all that
follows through ``facility'' and inserting ``, before April 1, 2001, has
attained the age of 65 and did not enroll in the program described in
such paragraph''; and
(5) by striking subsection (f).
(b) Termination of Demonstration Project and Retail Pharmacy Network
Requirements.--Section 702 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102 484; 10 U.S.C. 1079 note) is amended by
adding at the end the following:
``(h) Termination.--This section shall cease to apply to the
Secretary of Defense on the date after the implementation of section 711
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 that the Secretary determines appropriate, with a view to
minimizing instability with respect to the provision of pharmacy
benefits, but in no case later than the date that is one year after the
date of the enactment of such Act.''.
SEC. 712. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS AND TRICARE
UPON THE ATTAINMENT OF AGE 65; EXPANSION AND MODIFICATION OF MEDICARE
SUBVENTION PROJECT.
(a) Eligibility of Medicare Eligible Persons.--(1) Section 1086(d) of
title 10, United States Code, is amended--
(A) by striking paragraph (2) and inserting the following:
``(2) The prohibition contained in paragraph (1) shall not apply to a
person referred to in subsection (c) who--
``(A) is enrolled in the supplementary medical insurance program
under part B of such title (42 U.S.C. 1395j et seq.); and
``(B) in the case of a person under 65 years of age, is entitled to
hospital insurance benefits under part A of title XVIII of the Social
Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of
such Act (42 U.S.C. 426(b)(2)) or section 226A(a) of such Act (42 U.S.C.
426 1(a)).''; and
(B) in paragraph (4), by striking ``paragraph (1) who satisfy only
the criteria specified in subparagraphs (A) and (B) of paragraph (2),
but not subparagraph (C) of such paragraph,'' and inserting
``subparagraph (B) of paragraph (2) who do not satisfy the condition
specified in subparagraph (A) of such paragraph''.
(2) Subsection (a)(4)(A) of section 1896 of the Social Security Act
(42 U.S.C. 1395ggg) is amended to read as follows:
``(A) is eligible for health benefits under section 1086 of such
title by reason of subsection (c)(1) of such section;''.
(3) The amendments made by paragraphs (1) and (2) shall take effect
on October 1, 2001.
(b) 1- Year Extension of Medicare Subvention Project.--Section 1896
of the Social Security Act (42 U.S.C. 1395ggg) is amended--
(1) in subsection (b)(4), by striking ``3-year period'' and
inserting ``4-year period''; and
(2) in subsection (i)(4)--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C) and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) $70,000,000 for calendar year 2001.''.
(c) Further Extension of Medicare Subvention Project.--(1) Subsection
(b)(4) of section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is
amended by striking the period at the end and inserting the following:
``, except that the administering Secretaries may negotiate and (subject
to section 701(f) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001) enter into a new or revised agreement under
paragraph (1)(A) to continue the project after the end of such period.
If the project is so continued, the administering Secretaries may
terminate the agreement under which the program operates after providing
notice to Congress in accordance with subsection (k)(2)(B)(v).''.
(2) Such section is further amended--
(A) in the heading, by striking `` demonstration project'' and
inserting `` program'';
(B) by amending paragraph (2) of subsection (a) to read as follows:
``(2) Program.--The term `program' means the program carried out
under this section.'';
(C) by striking `` Demonstration Project'' and ``demonstration
project'' and ``project'' each place each appears and inserting ``
Program'', ``program'', and ``program'' respectively; and
(D) by striking `` demonstration'' in the heading of subsection
(j)(1).
(3) Subsection (i)(4) of such section is amended to read as follows:
``(4) Cap on amount.--The maximum aggregate expenditures from the
trust funds under this subsection pursuant to the agreement entered into
between the administering Secretaries under subsection (b) for a fiscal
year (before fiscal year 2006) shall not exceed the amount agreed by the
Secretaries to be the amount that would have been expended from the
trust funds on beneficiaries who enroll in the program, had the program
not been established, plus the following:
``(A) $35,000,000 for fiscal year 2002.
``(B) $55,000,000 for fiscal year 2003.
``(C) $75,000,000 for fiscal year 2004.
``(D) $100,000,000 for fiscal year 2005.''.
(d) Authorizing Program Expansion and Modifications.--(1) Paragraph
(2) of subsection (b) of such section 1896 is amended to read as
follows:
``(2) Location of sites.--Subject to subsection (k)(2)(B), the
program shall be conducted in any site that is designated jointly by the
administering Secretaries.''.
(2) Subsection (d)(2) of such section is amended by inserting ``, or
(subject to subsection (k)(2)(B)) such comparable requirements as are
included in the agreement under subsection (b)(1)(A)'' after ``the
following areas''.
(3) Subsection (i) of such section is amended--
(A) in paragraph (2), by inserting ``subject to paragraph (4),''
after ``paragraph (1)''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Modification of payment methodology.--The administering
Secretaries may, subject to subsection (k)(2)(B), modify the payment
methodology provided under paragraphs (1) and (2) so long as the amount
of the reimbursement provided to the Secretary of Defense fully
reimburses the Department of Defense for its cost of providing services
under the program but does not exceed an amount that is estimated to be
equivalent to the amount that otherwise would have been expended under
this title for such services if provided other than under the program
(not including amounts described in paragraph (2)). Such limiting amount
may be based for any site on the amount that would be payable to
Medicare+Choice organizations under part C for the area of the site or
the amounts that would be payable under parts A and B.''.
(e) Change in Reports.--Paragraph (2) of subsection (k) of such
section 1896 is amended to read as follows:
``(2) Reports on program operation and changes.--
``(A) Annual report.--The administering Secretaries shall submit to
the Committees on Armed Services and Finance of the Senate and the
Committees on Armed Services and Ways and Means of the House of
Representatives an annual report on the program and its impact on costs
and the provision of health services under this title and title 10,
United States Code.
``(B) Before making certain program changes.--The administering
Secretaries shall submit to such Committees a report at least 60 days
before--
``(i) changing the designation of a site under subsection (b)(2);
``(ii) applying comparable requirements under subsection (d)(2);
``(iii) making significant changes in payment methodology or amounts
under subsection (i)(4);
``(iv) making other significant changes in the operation of the
program; or
``(v) terminating the agreement under the second sentence of
subsection (b)(4).
``(C) Explanation.--Each report under subparagraph (B) shall include
justifications for the changes or termination to which the report
refers.''.
(f) Conditional Effective Date.--(1) Upon negotiating an agreement
under the amendment made by subsection (c)(1), the Secretary of Defense
and the Secretary of Health and Human Services shall jointly transmit a
notification of the proposed agreement to the Committee on Armed
Services and the Committee on Finance of the Senate and the Committee on
Armed Services and the Committee on Ways and Means of the House of
Representatives, and shall include with the transmittal a copy of the
proposed agreement and all related agreements and supporting documents.
(2) Such proposed agreement shall take effect, and the amendments
made by subsections (c)(2), (c)(3), (d), and (e) shall take effect, on
such date as is provided for in such agreement and in an Act enacted
after the date of the enactment of this Act.
SEC. 713. ACCRUAL FUNDING FOR HEALTH CARE FOR
MEDICARE-ELIGIBLE RETIREES AND DEPENDENTS.
(a) Establishment of Fund.--(1) Part II of subtitle A of title 10,
United States Code, is amended by inserting after chapter 55 the
following new chapter:
`` CHAPTER 56--DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH
CARE FUND
``Sec.
``1111. Establishment and purpose of Fund; definitions.
``1112. Assets of Fund.
``1113. Payments from the Fund.
``1114. Board of Actuaries.
``1115. Determination of contributions to the Fund.
``1116. Payments into the Fund.
``1117. Investment of assets of Fund.
``1111. Establishment and purpose of Fund; definitions
``(a) There is established on the books of the Treasury a fund to be
known as the Department of Defense Medicare-Eligible Retiree Health Care
Fund (hereinafter in this chapter referred to as the ``Fund''), which
shall be administered by the Secretary of the Treasury. The Fund shall
be used for the accumulation of funds in order to finance on an
actuarially sound basis liabilities of the Department of Defense under
Department of Defense retiree health care programs for medicare-eligible
beneficiaries.
``(b) In this chapter:
``(1) The term `Department of Defense retiree health care programs
for medicare-eligible beneficiaries' means the provisions of this title
or any other provision of law creating entitlement to health care for a
medicare-eligible member or former member of the uniformed services
entitled to retired or retainer pay, or a medicare-eligible dependent of
a member or former member of the uniformed services entitled to retired
or retainer pay.
``(2) The term `medicare-eligible' means entitled to benefits under
part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et
seq.).
``(3) The term `dependent' means a dependent (as such term is
defined in section 1072 of this title) described in section 1076(b)(1)
of this title.
``1112. Assets of Fund
``There shall be deposited into the Fund the following, which shall
constitute the assets of the Fund:
``(1) Amounts paid into the Fund under section 1116 of this title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the Fund.
``1113. Payments from the Fund
``(a) There shall be paid from the Fund amounts payable for
Department of Defense retiree health care programs for medicare-eligible
beneficiaries.
``(b) The assets of the Fund are hereby made available for payments
under subsection (a).
``1114. Board of Actuaries
``(a)(1) There is established in the Department of Defense a
Department of Defense Medicare-Eligible Retiree Health Care Board of
Actuaries (hereinafter in this chapter referred to as the ``Board'').
The Board shall consist of three members who shall be appointed by the
Secretary of Defense from among qualified professional actuaries who are
members of the Society of Actuaries.
``(2)(A) Except as provided in subparagraph (B), the members of the
Board shall serve for a term of 15 years, except that a member of the
Board appointed to fill a vacancy occurring before the end of the term
for which his predecessor was appointed shall only serve until the end
of such term. A member may serve after the end of his term until his
successor has taken office. A member of the Board may be removed by the
Secretary of Defense for misconduct or failure to perform functions
vested in the Board, and for no other reason.
``(B) Of the members of the Board who are first appointed under this
paragraph, one each shall be appointed for terms ending five, ten, and
15 years, respectively, after the date of appointment, as designated by
the Secretary of Defense at the time of appointment.
``(3) A member of the Board who is not otherwise an employee of the
United States is entitled to receive pay at the daily equivalent of the
annual rate of basic pay of the highest rate of basic pay under the
General Schedule of subchapter III of chapter 53 of title 5, for each
day the member is engaged in the performance of duties vested in the
Board, and is entitled to travel expenses, including a per diem
allowance, in accordance with section 5703 of title 5.
``(b) The Board shall report to the Secretary of Defense annually on
the actuarial status of the Fund and shall furnish its advice and
opinion on matters referred to it by the Secretary.
``(c) The Board shall review valuations of the Fund under section
1115(c) of this title and shall report periodically, not less than once
every four years, to the President and Congress on the status of the
Fund. The Board shall include in such reports recommendations for such
changes as in the Board's judgment are necessary to protect the public
interest and maintain the Fund on a sound actuarial basis.
``1115. Determination of contributions to the Fund
``(a) The Board shall determine the amount that is the present value
(as of October 1, 2002) of future benefits payable from the Fund that
are attributable to service in the uniformed services performed before
October 1, 2002. That amount is the original unfunded liability of the
Fund. The Board shall determine the period of time over which the
original unfunded liability should be liquidated and shall determine an
amortization schedule for the liquidation of such liability over that
period. Contributions to the Fund for the liquidation of the original
unfunded liability in accordance with such schedule shall be made as
provided in section 1116(b) of this title.
``(b)(1) The Secretary of Defense shall determine each year, in
sufficient time for inclusion in budget requests for the following
fiscal year, the total amount of Department of Defense contributions to
be made to the Fund during that fiscal year under section 1116(a) of
this title. That amount shall be the sum of the following:
``(A) The product of--
``(i) the current estimate of the value of the single level dollar
amount to be determined under subsection (c)(1)(A) at the time of the
next actuarial valuation under subsection (c); and
``(ii) the expected average force strength during that fiscal year
for members of the uniformed services on active duty (other than active
duty for training) and full-time National Guard duty (other than
full-time National Guard duty for training only).
``(B) The product of--
``(i) the current estimate of the value of the single level dollar
amount to be determined under subsection (c)(1)(B) at the time of the
next actuarial valuation under subsection (c); and
``(ii) the expected average force strength during that fiscal year
for members of the Ready Reserve of the uniformed services other than
members on full-time National Guard duty other than for training) who
are not otherwise described in subparagraph (A)(ii).
``(2) The amount determined under paragraph (1) for any fiscal year
is the amount needed to be appropriated to the Department of Defense for
that fiscal year for payments to be made to the Fund during that year
under section 1116(a) of this title. The President shall include not
less than the full amount so determined in the budget transmitted to
Congress for that fiscal year under section 1105 of title 31. The
President may comment and make recommendations concerning any such
amount.
``(c)(1) Not less often than every four years, the Secretary of
Defense shall carry out an actuarial valuation of the Fund. Each such
actuarial valuation shall include--
``(A) a determination (using the aggregate entry-age normal cost
method) of a single level dollar amount for members of the uniformed
services on active duty (other than active duty for training) or
full-time National Guard duty (other than full-time National Guard duty
for training only); and
``(B) a determination (using the aggregate entry-age normal cost
method) of a single level dollar amount for members of the Ready Reserve
of the uniformed services and other than members on full-time National
Guard duty other than for training) who are not otherwise described by
subparagraph (A).
Such single level dollar amounts shall be used for the purposes of
subsection (b) and section 1116(a) of this title.
``(2) If at the time of any such valuation there has been a change in
benefits under the Department of Defense retiree health care programs
for medicare-eligible beneficiaries that has been made since the last
such valuation and such change in benefits increases or decreases the
present value of amounts payable from the Fund, the Secretary of Defense
shall determine an amortization methodology and schedule for the
amortization of the cumulative unfunded liability (or actuarial gain to
the Fund) created by such change and any previous such changes so that
the present value of the sum of the amortization payments (or reductions
in payments that would otherwise be made) equals the cumulative increase
(or decrease) in the present value of such amounts.
``(3) If at the time of any such valuation the Secretary of Defense
determines that, based upon changes in actuarial assumptions since the
last valuation, there has been an actuarial gain or loss to the Fund,
the Secretary shall determine an amortization methodology and schedule
for the amortization of the cumulative gain or loss to the Fund created
by such change in assumptions and any previous such changes in
assumptions
through an increase or decrease in the payments that would
otherwise be made to the Fund.
``(4) If at the time of any such valuation the Secretary of Defense
determines that, based upon the Fund's actuarial experience (other than
resulting from changes in benefits or actuarial assumptions) since the
last valuation, there has been an actuarial gain or loss to the Fund,
the Secretary shall determine an amortization methodology and schedule
for the amortization of the cumulative gain or loss to the Fund created
by such actuarial experience and any previous actuarial experience
through an increase or decrease in the payments that would otherwise be
made to the Fund.
``(5) Contributions to the Fund in accordance with amortization
schedules under paragraphs (2), (3), and (4) shall be made as provided
in section 1116(b) of this title.
``(d) All determinations under this section shall be made using
methods and assumptions approved by the Board of Actuaries (including
assumptions of interest rates and medical inflation) and in accordance
with generally accepted actuarial principles and practices.
``(e) The Secretary of Defense shall provide for the keeping of such
records as are necessary for determining the actuarial status of the
Fund.
``1116. Payments into the Fund
``(a) The Secretary of Defense shall pay into the Fund at the end of
each month as the Department of Defense contribution to the Fund for
that month the amount that is the sum of the following:
``(1) The product of--
``(A) the monthly dollar amount determined using all the methods and
assumptions approved for the most recent (as of the first day of the
current fiscal year) actuarial valuation under section 1115(c)(1)(A) of
this title (except that any statutory change in the Department of
Defense retiree health care programs for medicare-eligible beneficiaries
that is effective after the date of that valuation and on or before the
first day of the current fiscal year shall be used in such
determination); and
``(B) the total end strength for that month for members of the
uniformed services on active duty (other than active duty for training)
and full-time National Guard duty (other than full-time National Guard
duty for training only).
``(2) The product of--
``(A) the level monthly dollar amount determined using all the
methods and assumptions approved for the most recent (as of the first
day of the current fiscal year) actuarial valuation under section
1115(c)(1)(B) of this title (except that any statutory change in the
Department of Defense retiree health care programs for medicare-eligible
beneficiaries that is effective after the date of that valuation and on
or before the first day of the current fiscal year shall be used in such
determination); and
``(B) the total end strength for that month for members of the Ready
Reserve of the uniformed services other than members on full-time
National Guard duty other than for training) who are not otherwise
described in paragraph (1)(B). Amounts paid into the Fund under this
subsection shall be paid from funds available for the Defense Health
Program.
``(b)(1) At the beginning of each fiscal year the Secretary of the
Treasury shall promptly pay into the Fund from the General Fund of the
Treasury the amount certified to the Secretary by the Secretary of
Defense under paragraph (3). Such payment shall be the contribution to
the Fund for that fiscal year required by sections 1115(a) and 1115(c)
of this title.
``(2) At the beginning of each fiscal year the Secretary of Defense
shall determine the sum of the following:
``(A) The amount of the payment for that year under the amortization
schedule determined by the Board of Actuaries under section 1115(a) of
this title for the amortization of the original unfunded liability of
the Fund.
``(B) The amount (including any negative amount) for that year under
the most recent amortization schedule determined by the Secretary of
Defense under section 1115(c)(2) of this title for the amortization of
any cumulative unfunded liability (or any gain) to the Fund resulting
from changes in benefits.
``(C) The amount (including any negative amount) for that year under
the most recent amortization schedule determined by the Secretary of
Defense under section 1115(c)(3) of this title for the amortization of
any cumulative actuarial gain or loss to the Fund resulting from
actuarial assumption changes.
``(D) The amount (including any negative amount) for that year under
the most recent amortization schedule determined by the Secretary of
Defense under section 111(c)(4) of this title for the amortization of
any cumulative actuarial gain or loss to the Fund resulting from
actuarial experience.
``(3) The Secretary of Defense shall promptly certify the amount
determined under paragraph (2) each year to the Secretary of the
Treasury.
``1117. Investment of assets of Fund
``The Secretary of the Treasury shall invest such portion of the Fund
as is not in the judgment of the Secretary of Defense required to meet
current withdrawals. Such investments shall be in public debt securities
with maturities suitable to the needs of the Fund, as determined by the
Secretary of Defense, and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United States of
comparable maturities. The income on such investments shall be credited
to and form a part of the Fund.''.
(2) The tables of chapters at the beginning of subtitle A, and at the
beginning of part II of subtitle A, of title 10, United States Code, are
amended by inserting after the item relating to chapter 55 the following
new item:
``56. Department of Defense Medicare-Eligible Retiree Health Care Fund
1111.''.
(b) Delayed Effective Dates for Certain Provisions.--(1) Sections
1113 and 1116 of title 10, United States Code (as added by subsection
(a)), shall take effect on October 1, 2002.
(2) Section 1115 of such title (as added by such subsection) shall
take effect on October 1, 2001.
Subtitle C--TRICARE Program
SEC. 721. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE
TRICARE PROGRAM.
(a) Waiver of Nonavailability Statement or Preauthorization.--In the
case of a covered beneficiary under chapter 55 of title 10, United
States Code, who is enrolled in TRICARE Standard, the Secretary of
Defense may not require with regard to authorized health care services
(other than mental health services) under any new contract for the
provision of health care services under such chapter that the
beneficiary--
(1) obtain a nonavailability statement or preauthorization from a
military medical treatment facility in order to receive the services
from a civilian provider; or
(2) obtain a nonavailability statement for care in specialized
treatment facilities outside the 200-mile radius of a military medical
treatment facility.
(b) Notice.--The Secretary may require that the covered beneficiary
inform the primary care manager of the beneficiary of any health care
received from a civilian provider or in a specialized treatment
facility.
(c) Exceptions.--Subsection (a) shall not apply if--
(1) the Secretary demonstrates significant costs would be avoided by
performing specific procedures at the affected military medical
treatment facilities;
(2) the Secretary determines that a specific procedure must be
provided at the affected military medical treatment facility to ensure
the proficiency levels of the practitioners at the facility; or
(3) the lack of nonavailability statement data would significantly
interfere with TRICARE contract administration.
(d) Effective Date --This section shall take effect on October 1,
2001.
SEC. 722. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE
PROGRAM IN THE CONTINENTAL UNITED STATES.
(a) Coverage of Other Uniformed Services.--(1) Section 1074(c) of
title 10, United States Code, is amended--
(A) by striking ``armed forces'' each place it appears, except in
paragraph (3)(A), and inserting ``uniformed services'';
(B) in paragraph (1), by inserting after ``military department'' in
the first sentence the following: ``, the Department of Transportation
(with respect to the Coast Guard when it is not operating as a service
in the Navy), or the Department of Health and Human Services (with
respect to the National Oceanic and Atmospheric Administration and the
Public Health Service)'';
(C) in paragraph (2), by adding at the end the following:
``(C) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this paragraph.'';
and
(D) in paragraph (3)(A), by striking ``The Secretary of Defense may
not require a member of the armed forces described in subparagraph (B)''
and inserting ``A member of the uniformed services described in
subparagraph (B) may not be required''.
(2)(A) Subsections (b), (c), and (d)(3) of section 731 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105
85; 111 Stat. 1811; 10 U.S.C. 1074 note) are amended by striking ``Armed
Forces'' and inserting ``uniformed services''.
(B) Subsection (b) of such section is further amended by adding at
the end the following:
``(4) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this subsection.''.
(C) Subsection (f) of such section is amended by adding at the end
the following:
``(3) The terms `uniformed services' and `administering Secretaries'
have the meanings given those terms in section 1072 of title 10, United
States Code.''.
(3) Section 706(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65; 113 Stat. 684) is amended by
striking ``Armed Forces'' and inserting ``uniformed services (as defined
in section 1072(1) of title 10, United States Code)''.
(b) Coverage of Immediate Family.--(1) Section 1079 of title 10,
United States Code, is amended by adding at the end the following:
``(p)(1) Subject to such exceptions as the Secretary of Defense
considers necessary, coverage for medical care under this section for
the dependents referred to in subsection (a) of a member of the
uniformed services referred to in section 1074(c)(3) of this title who
are residing with the member, and standards with respect to timely
access to such care, shall be comparable to coverage for medical care
and standards for timely access to such care under the managed care
option of the TRICARE program known as TRICARE Prime.
``(2) The Secretary of Defense shall enter into arrangements with
contractors under the TRICARE program or with other appropriate
contractors for the timely and efficient processing of claims under this
subsection.
``(3) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this subsection.''.
(2) Section 731(b) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105 85; 111 Stat. 1811; 10 U.S.C. 1074
note) is amended--
(A) in paragraph (1), by adding at the end the following: ``A
dependent of the member, as described in subparagraph (A), (D), or (I)
of section 1072(2) of title 10, United States Code, who is residing with
the member shall have the same entitlement to care and to waiver of
charges as the member.''; and
(B) in paragraph (2), by inserting ``or dependent of the member, as
the case may be,'' after ``(2) A member''.
(c) Effective Dates; Applicability.--(1) The amendments made by
subsections (a)(1) and (b)(1) shall take effect on October 1, 2001.
(2) The amendments made by subsection (a)(2), with respect to members
of the uniformed services, and the amendments made by subsection (b)(2),
with respect to dependents of members, shall take effect on the date of
the enactment of this Act and shall expire with respect to a member or
the dependents of a member, respectively, on the later of the following:
(A) The date that is one year after the date of the enactment of
this Act.
(B) The date on which the policies required by the amendments made
by subsection (a)(1) or (b)(1) are implemented with respect to the
coverage of medical care for and provision of such care to the member or
dependents, respectively.
(3) Section 731(b)(3) of Public Law 105 85 does not apply to a member
of the Coast Guard, the National Oceanic and Atmospheric Administration,
or the Commissioned Corps of the Public Health Service, or to a
dependent of a member of a uniformed service.
SEC. 723. MODERNIZATION OF TRICARE BUSINESS PRACTICES AND
INCREASE OF USE OF MILITARY TREATMENT FACILITIES.
(a) Requirement To Implement Internet-Based System.--Not later than
October 1, 2001, the Secretary of Defense shall implement a system to
simplify and make accessible through the use of the Internet, through
commercially available systems and products, critical administrative
processes within the military health care system and the TRICARE
program. The purposes of the system shall be to enhance efficiency,
improve service, and achieve commercially recognized standards of
performance.
(b) Elements of System.--The system required by subsection (a)--
(1) shall comply with patient confidentiality and security
requirements, and incorporate data requirements, that are currently
widely used by insurers under medicare and commercial insurers;
(2) shall be designed to achieve improvements with respect to--
(A) the availability and scheduling of appointments;
(B) the filing, processing, and payment of claims;
(C) marketing and information initiatives;
(D) the continuation of enrollments without expiration;
(E) the portability of enrollments nationwide;
(F) education of beneficiaries regarding the military health care
system and the TRICARE program; and
(G) education of health care providers regarding such system and
program; and
(3) may be implemented through a contractor under TRICARE Prime.
(c) Areas of Implementation.--The Secretary shall implement the
system required by subsection (a) in at least one region under the
TRICARE program.
(d) Plan for Improved Portability of Benefits.--Not later than March
15, 2001, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan to
provide portability and reciprocity of benefits for all enrollees under
the TRICARE program throughout all TRICARE regions.
(e) Increase of Use of Military Medical Treatment Facilities.--The
Secretary shall initiate a program to maximize the use of military
medical treatment facilities by improving the efficiency of health care
operations in such facilities.
(f) Definition.--In this section the term ``TRICARE program'' has the
meaning given such term in section 1072 of title 10, United States Code.
SEC. 724. EXTENSION OF TRICARE MANAGED CARE SUPPORT CONTRACTS.
(a) Authority.--Notwithstanding any other provision of law and
subject to subsection (b), any TRICARE managed care support contract in
effect, or in the final stages of acquisition, on September 30, 1999,
may be extended for four years.
(b) Conditions.--Any extension of a contract under subsection (a)--
(1) may be made only if the Secretary of Defense determines that it
is in the best interest of the United States to do so; and
(2) shall be based on the price in the final best and final offer
for the last year of the existing contract as adjusted for inflation and
other factors mutually agreed to by the contractor and the Federal
Government.
SEC. 725. REPORT ON PROTECTIONS AGAINST HEALTH CARE PROVIDERS
SEEKING DIRECT REIMBURSEMENT FROM MEMBERS OF THE UNIFORMED SERVICES.
Not later than January 31, 2001, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report recommending practices to discourage or
prohibit health care providers under the TRICARE program, and
individuals or entities working on behalf of such providers, from
seeking direct reimbursement from members of the uniformed services or
their dependents for health care received by such members or dependents.
SEC. 726. VOLUNTARY TERMINATION OF ENROLLMENT IN TRICARE
RETIREE DENTAL PROGRAM.
(a) Procedures.--Section 1076c of title 10, United States Code, is
amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new subsection
(i):
``(i) Voluntary Disenrollment.--(1) With respect to enrollment in the
dental insurance plan established under subsection (a), the Secretary of
Defense--
``(A) shall allow for a period of up to 30 days at the beginning of
the prescribed minimum enrollment period during which an enrollee may
disenroll; and
``(B) shall provide for limited circumstances under which
disenrollment shall be permitted during the prescribed enrollment
period, without jeopardizing the fiscal integrity of the dental program.
``(2) The circumstances described in paragraph (1)(B) shall include--
``(A) a case in which a retired member, surviving spouse, or
dependent of a retired member who is also a Federal employee is assigned
to a location outside the jurisdiction of the dental insurance plan
established under subsection (a) that prevents utilization of dental
benefits under the plan;
``(B) a case in which a retired member, surviving spouse, or
dependent of a retired member is prevented by a serious medical
condition from being able to obtain benefits under the plan;
``(C) a case in which severe financial hardship would result; and
``(D) any other circumstances which the Secretary considers
appropriate.
``(3) The Secretary shall establish procedures for timely decisions
on requests for disenrollment under this section and for appeal to the
TRICARE Management Activity of adverse decisions.''
(b) Clarifying Amendment.--The heading for subsection (f) is amended
by striking `` Termination'' and inserting `` Required Terminations''.
SEC. 727. CLAIMS PROCESSING IMPROVEMENTS.
Beginning on the date of the enactment of this Act, the Secretary of
Defense shall, to the maximum extent practicable, take all necessary
actions to implement the following improvements with respect to
processing of claims under the TRICARE program:
(1) Use of the TRICARE encounter data information system rather than
the health care service record in maintaining information on covered
beneficiaries under chapter 55 of title 10, United States Code.
(2) Elimination of all delays in payment of claims to health care
providers that may result from the development of the health care
service record or TRICARE encounter data information.
(3) Requiring all health care providers under the TRICARE program
that the Secretary determines are high-volume providers to submit claims
electronically.
(4) Processing 50 percent of all claims by health care providers and
institutions under the TRICARE program by electronic means.
(5) Authorizing managed care support contractors under the TRICARE
program to require providers to access information on the status of
claims through the use of telephone automated voice response units.
SEC. 728. PRIOR AUTHORIZATIONS FOR CERTAIN REFERRALS AND
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.
(a) Prohibition Regarding Prior Authorization for Referrals.--(1)
Chapter 55 of title 10, United States Code, is amended by inserting
after section 1095e the following new section:
``1095f. TRICARE program: referrals for specialty health care
``The Secretary of Defense shall ensure that no contract for managed
care support under the TRICARE program includes any requirement that a
managed care support contractor require a primary care or specialty care
provider to obtain prior authorization before referring a patient to a
specialty care provider that is part of the network of health care
providers or institutions of the contractor.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1095e the following new
item:
``1095f. TRICARE program: referrals for specialty health care.''.
(b) Report.--Not later than February 1, 2001, the Comptroller General
shall submit to Congress a report on the financial and management
implications of eliminating the requirement to obtain
nonavailability-of-health-care statements under section 1080 of title
10, United States Code.
(c) Effective Date.--Section 1095f of title 10, United States Code,
as added by subsection (a), shall apply with respect to a TRICARE
managed care support contract entered into by the Department of Defense
after the date of the enactment of this Act.
Subtitle D--Demonstration Projects
SEC. 731. DEMONSTRATION PROJECT FOR EXPANDED ACCESS TO MENTAL
HEALTH COUNSELORS.
(a) Requirement To Conduct Demonstration Project.--The Secretary of
Defense shall conduct a demonstration project under which licensed and
certified professional mental health counselors who meet eligibility
requirements for participation as providers under the Civilian Health
and Medical Program of the Uniformed Services (hereafter in this section
referred to as ``CHAMPUS'') or the TRICARE program may provide services
to covered beneficiaries under chapter 55 of title 10, United States
Code, without referral by physicians or adherence to supervision
requirements.
(b) Duration and Location of Project.--The Secretary shall conduct
the demonstration project required by subsection (a)--
(1) during the 2-year period beginning October 1, 2001; and
(2) in one established TRICARE region.
(c) Regulations.--The Secretary shall prescribe regulations regarding
participation in the demonstration project required by subsection (a).
(d) Plan for Project.--Not later than March 31, 2001, the Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a plan to carry out the demonstration project.
The plan shall include, but not be limited to, a description of the
following:
(1) The TRICARE region in which the project will be conducted.
(2) The estimated funds required to carry out the demonstration
project.
(3) The criteria for determining which professional mental health
counselors will be authorized to participate under the demonstration
project.
(4) The plan of action, including critical milestone dates, for
carrying out the demonstration project.
(e) Report.--Not later than February 1, 2003, the Secretary shall
submit to Congress a report on the demonstration project carried out
under this section. The report shall include the following:
(1) A description of the extent to which expenditures for
reimbursement of licensed or certified professional mental health
counselors change as a result of allowing the independent practice of
such counselors.
(2) Data on utilization and reimbursement regarding non-physician
mental health professionals other than licensed or certified
professional mental health counselors under CHAMPUS and the TRICARE
program.
(3) Data on utilization and reimbursement regarding physicians who
make referrals to, and supervise, mental health counselors.
(4) A description of the administrative costs incurred as a result
of the requirement for documentation of referral to mental health
counselors and supervision activities for such counselors.
(5) For each of the categories described in paragraphs (1) through
(4), a comparison of data for a 1-year period for the area in which the
demonstration project is being implemented with corresponding data for a
similar area in which the demonstration project is not being
implemented.
(6) A description of the ways in which allowing for independent
reimbursement of licensed or certified professional mental health
counselors affects the confidentiality of mental health and substance
abuse services for covered beneficiaries under CHAMPUS and the TRICARE
program.
(7) A description of the effect, if any, of changing reimbursement
policies on the health and treatment of covered beneficiaries under
CHAMPUS and the TRICARE program, including a comparison of the treatment
outcomes of covered beneficiaries who receive mental health services
from licensed or certified professional mental health counselors acting
under physician referral and supervision, other non-physician mental
health providers recognized under CHAMPUS and the TRICARE program, and
physicians, with treatment outcomes under the demonstration project
allowing independent practice of professional counselors on the same
basis as other non-physician mental health providers.
(8) The effect of policies of the Department of Defense on the
willingness of licensed or certified professional mental health
counselors to participate as health care providers in CHAMPUS and the
TRICARE program.
(9) Any policy requests or recommendations regarding mental health
counselors made by health care plans and managed care organizations
participating in CHAMPUS or the TRICARE program.
SEC. 732. TELERADIOLOGY DEMONSTRATION PROJECT.
(a) Authority To Conduct Project.--(1) The Secretary of Defense may
conduct a demonstration project for the purposes of increasing
efficiency of operations with respect to teleradiology at military
medical treatment facilities, supporting remote clinics, and increasing
coordination with respect to teleradiology between such facilities and
clinics. Under the project, a military medical treatment facility and
each clinic supported by such facility shall be linked by a digital
radiology network through which digital radiology X-rays may be sent
electronically from clinics to the military medical treatment facility.
(2) The demonstration project may be conducted at several
multispecialty tertiary-care military medical treatment facilities
affiliated with a university medical school. One of such facilities
shall be supported by at least 5 geographically dispersed remote clinics
of the Departments of the Army, Navy, and Air Force, and clinics of the
Department of Veterans Affairs and the Coast Guard. Another of such
facilities shall be in an underserved rural geographic region served
under established telemedicine contracts between the Department of
Defense, the Department of Veterans Affairs, and a local university.
(b) Duration of Project.--The Secretary shall conduct the project
during the 2-year period beginning on the date of the enactment of this
Act.
SEC. 733. HEALTH CARE MANAGEMENT DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
demonstration program on health care management to explore opportunities
for improving the planning, programming, budgeting systems, and
management of the Department of Defense health care system.
(b) Test Models.--Under the demonstration program, the Secretary
shall test the use of the following planning and management models:
(1) A health care simulation model for studying alternative delivery
policies, processes, organizations, and technologies.
(2) A health care simulation model for studying long term disease
management.
(c) Demonstration Sites.--The Secretary shall test each model
separately at one or more sites.
(d) Period for Program.--The demonstration program shall begin not
later than 180 days after the date of the enactment of this Act and
shall terminate on December 31, 2001.
(e) Reports.--The Secretary of Defense shall submit a report on the
demonstration program to the Committees on Armed Services of the Senate
and the House of Representatives not later than March 15, 2002. The
report shall include the Secretary's assessment of the value of
incorporating the use of the tested planning and management models
throughout the planning, programming, budgeting systems, and management
of the Department of Defense health care system.
(f) Funding.--Of the amount authorized to be appropriated under
section 301(22), $6,000,000 shall be available for the demonstration
program under this section.
Subtitle E--Joint Initiatives With Department of Veterans Affairs
SEC. 741. VA-DOD SHARING AGREEMENTS FOR HEALTH SERVICES.
(a) Primacy of Sharing Agreements.--The Secretary of Defense shall--
(1) give full force and effect to any agreement into which the
Secretary or the Secretary of a military department entered under
section 8111 of title 38, United States Code, or under section 1535 of
title 31, United States Code, which was in effect on September 30, 1999;
and
(2) ensure that the Secretary of the military department concerned
directly reimburses the Secretary of Veterans Affairs for any services
or resources provided under such agreement in accordance with the terms
of such agreement, including terms providing for reimbursement from
funds available for that military department.
(b) Modification or Termination.--Any agreement described in
subsection (a) shall remain in effect in accordance with such subsection
unless, during the 12-month period following the date of the enactment
of this Act, such agreement is modified or terminated in accordance with
the terms of such agreement.
SEC. 742. PROCESSES FOR PATIENT SAFETY IN MILITARY AND
VETERANS HEALTH CARE SYSTEMS.
(a) Error Tracking Process.--The Secretary of Defense shall implement
a centralized process for reporting, compilation, and analysis of errors
in the provision of health care under the defense health program that
endanger patients beyond the normal risks associated with the care and
treatment of such patients. To the extent practicable, that process
shall emulate the system established by the Secretary of Veterans
Affairs for reporting, compilation, and analysis of errors in the
provision of health care under the Department of Veterans Affairs health
care system that endanger patients beyond such risks.
(b) Sharing of Information.--The Secretary of Defense and the
Secretary of Veterans Affairs--
(1) shall share information regarding the designs of systems or
protocols established to reduce errors in the provision of health care
described in subsection (a); and
(2) shall develop such protocols as the Secretaries consider
necessary for the establishment and administration of effective
processes for the reporting, compilation, and analysis of such errors.
SEC. 743. COOPERATION IN DEVELOPING PHARMACEUTICAL
IDENTIFICATION TECHNOLOGY.
The Secretary of Defense and the Secretary of Veterans Affairs shall
cooperate in developing systems for the use of bar codes for the
identification of pharmaceuticals in the health care programs of the
Department of Defense and the Department of Veterans Affairs. In any
case in which a common pharmaceutical is used in such programs, the bar
codes for those pharmaceuticals shall, to the maximum extent
practicable, be identical.
Subtitle F--Other Matters
SEC. 751. MANAGEMENT OF ANTHRAX VACCINE IMMUNIZATION PROGRAM.
(a) System and Procedures for Tracking Separations.--(1) Chapter 59
of title 10, United States Code, is amended by adding at the end the
following new section:
``1178. System and procedures for tracking separations
resulting from refusal to participate in anthrax vaccine immunization
program
``(a) Requirement To Establish System.--The Secretary of each
military department shall establish a system for tracking, recording,
and reporting separations of members of the armed forces under the
Secretary's jurisdiction that result from procedures initiated as a
result of a refusal to participate in the anthrax vaccine immunization
program.
``(b) Report.--The Secretary of Defense shall consolidate the
information recorded under the system described in subsection (a) and
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives not later than April 1 of each year a report on
such information. Each such report shall include a description of--
``(1) the number of members separated, categorized by military
department, grade, and active-duty or reserve status; and
``(2) any other information determined appropriate by the
Secretary.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``1178. System and procedures for tracking separations resulting
from refusal to participate in anthrax vaccine immunization program.''.
(b) Procedures for Exemptions; Monitoring Adverse Reactions.--(1)
Chapter 55 of such title is amended by adding at the end the following
new section:
``1110. Anthrax vaccine immunization program; procedures for
exemptions and monitoring reactions
``(a) Procedures for Medical and Administrative Exemptions.--(1) The
Secretary of Defense shall establish uniform procedures under which
members of the armed forces may be exempted from participating in the
anthrax vaccine immunization program for either administrative or
medical reasons.
``(2) The Secretaries of the military departments shall provide for
notification of all members of the armed forces of the procedures
established pursuant to paragraph (1).
``(b) System for Monitoring Adverse Reactions.--(1) The Secretary
shall establish a system for monitoring adverse reactions of members of
the armed forces to the anthrax vaccine. That system shall include the
following:
``(A) Independent review of Vaccine Adverse Event Reporting System
reports.
``(B) Periodic surveys of personnel to whom the vaccine is
administered.
``(C) A continuing longitudinal study of a pre-identified group of
members of the armed forces (including men and women and members from
all services).
``(D) Active surveillance of a sample of members to whom the anthrax
vaccine has been administered that is sufficient to identify, at the
earliest opportunity, any patterns of adverse reactions, the discovery
of which might be delayed by reliance solely on the Vaccine Adverse
Event Reporting System.
``(2) The Secretary may extend or expand any ongoing or planned study
or analysis of trends in adverse reactions of members of the armed
forces to the anthrax vaccine in order to meet any of the requirements
in paragraph (1).
``(3) The Secretary shall establish guidelines under which members of
the armed forces who are determined by an independent expert panel to be
experiencing unexplained adverse reactions may obtain access to a
Department of Defense Center of Excellence treatment facility for
expedited treatment and follow up.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``1110. Anthrax vaccine immunization program; procedures for
exemptions and monitoring reactions.''.
(c) Emergency Essential Employees.--(1) Chapter 81 of such title is
amended by inserting after section 1580 the following new section:
``1580a. Emergency essential employees: notification of
required participation in anthrax vaccine immunization program
``The Secretary of Defense shall--
``(1) prescribe regulations for the purpose of ensuring that any
civilian employee of the Department of Defense who is determined to be
an emergency essential employee and who is required to participate in
the anthrax vaccine immunization program is notified of the requirement
to participate in the program and the consequences of a decision not to
participate; and
``(2) ensure that any individual who is being considered for a
position as such an employee is notified of the obligation to
participate in the program before being offered employment in such
position.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 1580 the following new
item:
``1580a. Emergency essential employees: notification of required
participation in anthrax vaccine immunization program.''.
(d) Comptroller General Report.--(1) Not later than April 1, 2002,
the Comptroller General shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the effect of
the Department of Defense anthrax vaccine immunization program on the
recruitment and retention of active duty and reserve military personnel
and civilian personnel of the Department of Defense. The study shall
cover the period beginning on the date of the enactment of this Act and
ending on December 31, 2001.
(2) The Comptroller General shall include in the report required by
paragraph (1) a description of any personnel actions (including
transfer, termination, or reassignment of any personnel) taken as a
result of the refusal of any civilian employee of the Department of
Defense to participate in the anthrax vaccine immunization program.
(e) Deadlines for Establishment and Implementation.--The Secretary of
Defense shall--
(1) not later than April 1, 2001, establish the uniform procedures
for exemption from participation in the anthrax vaccine immunization
program of the Department of Defense required under subsection (a) of
section 1110 of title 10, United States Code (as added by subsection
(b));
(2) not later than July 1, 2001, establish the system for monitoring
adverse reactions of members of the Armed Forces to the anthrax vaccine
required under subsection (b)(1) of such section;
(3) not later than April 1, 2001, establish the guidelines under
which members of the Armed Forces may obtain access to a Department of
Defense Center of Excellence treatment facility for expedited treatment
and follow up required under subsection (b)(3) of such section; and
(4) not later than July 1, 2001, prescribe the regulations regarding
emergency essential employees of the Department of Defense required
under subsection (a) of section 1580a of such title (as added by
subsection(c)).
SEC. 752. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.
(a) No Copayment for Immediate Family.--Section 1097a of title 10,
United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection
(e):
``(e) No Copayment for Immediate Family.--No copayment shall be
charged a member for care provided under TRICARE Prime to a dependent of
a member of the uniformed services described in subparagraph (A), (D),
or (I) of section 1072 of this title.''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect 180 days after the date of the enactment of this Act, and shall
apply with respect to care provided on or after that date.
SEC. 753. MEDICAL INFORMATICS.
(a) Additional Matters for Annual Report on Medical Informatics
Advisory Committee.--Section 723(d)(5) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65; 113 Stat.
697; 10 U.S.C. 1071 note) is amended to read as follows:
``(5) The Secretary of Defense shall submit to Congress an annual
report on medical informatics. The report shall include a discussion of
the following matters:
``(A) The activities of the Committee.
``(B) The coordination of development, deployment, and maintenance
of health care informatics systems within the Federal Government, and
between the Federal Government and the private sector.
``(C) The progress or growth occurring in medical informatics.
``(D) How the TRICARE program and the Department of Veterans Affairs
health care system can use the advancement of knowledge in medical
informatics to raise the standards of health care and treatment and the
expectations for improving health care and treatment.''.
(b) Limitation on Fiscal Year 2001 Funding for
Pharmaceuticals-Related Medical Informatics.--Of the funds authorized to
be appropriated under section 301(22), any amounts used for
pharmaceuticals-related informatics may be used only for the following:
(1) Commencement of the implementation of a new computerized medical
record, including an automated entry order system for pharmaceuticals
and an infrastructure network that is compliant with the provisions
enacted in the Health Insurance Portability and Accountability Act of
1996 (Public Law 104 191; 110 Stat. 1936), to make all relevant clinical
information on beneficiaries under the Defense Health Program available
when needed.
(2) An integrated pharmacy system under the Defense Health Program
that creates a single profile for all pharmaceuticals for such
beneficiaries prescribed at military medical treatment facilities or
private pharmacies that are part of the Department of Defense pharmacy
network.
SEC. 754. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.
(a) Establishment.--The Secretary of Defense shall establish a
patient care error reporting and management system.
(b) Purposes of System.--The purposes of the system are as follows:
(1) To study the occurrences of errors in the patient care provided
under chapter 55 of title 10, United States Code.
(2) To identify the systemic factors that are associated with such
occurrences.
(3) To provide for action to be taken to correct the identified
systemic factors.
(c) Requirements for System.--The patient care error reporting and
management system shall include the following:
(1) A hospital-level patient safety center, within the quality
assurance department of each health care organization of the Department
of Defense, to collect, assess, and report on the nature and frequency
of errors related to patient care.
(2) For each health care organization of the Department of Defense
and for the entire Defense health program, patient safety standards that
are necessary for the development of a full understanding of patient
safety issues in each such organization and the entire program,
including the nature and types of errors and the systemic causes of the
errors.
(3) Establishment of a Department of Defense Patient Safety Center
within the Armed Forces Institute of Pathology, which shall have the
following missions:
(A) To analyze information on patient care errors that is submitted
to the Center by each military health care organization.
(B) To develop action plans for addressing patterns of patient care
errors.
(C) To execute those action plans to mitigate and control errors in
patient care with a goal of ensuring that the health care organizations
of the Department of Defense provide highly reliable patient care with
virtually no error.
(D) To provide, through the Assistant Secretary of Defense for
Health Affairs, to the Agency for Healthcare Research and Quality of the
Department of Health and Human Services any reports that the Assistant
Secretary determines appropriate.
(E) To review and integrate processes for reducing errors associated
with patient care and for enhancing patient safety.
(F) To contract with a qualified and objective external organization
to manage the national patient safety database of the Department of
Defense.
(d) MedTeams Program.--The Secretary shall expand the health care
team coordination program to integrate that program into all Department
of Defense health care operations. In carrying out this subsection, the
Secretary shall take the following actions:
(1) Establish not less than two Centers of Excellence for the
development, validation, proliferation, and sustainment of the health
care team coordination program, one of which shall support all fixed
military health care organizations, the other of which shall support all
combat casualty care organizations.
(2) Deploy the program to all fixed and combat casualty care
organizations of each of the Armed Forces, at the rate of not less than
10 organizations in each fiscal year.
(3) Expand the scope of the health care team coordination program
from a focus on emergency department care to a coverage that includes
care in all major medical specialties, at the rate of not less than one
specialty in each fiscal year.
(4) Continue research and development investments to improve
communication, coordination, and team work in the provision of health
care.
(e) Consultation.--The Secretary shall consult with the other
administering Secretaries (as defined in section 1072(3) of title 10,
United States Code) in carrying out this section.
SEC. 755. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY DETAILING
RESERVE OFFICERS OF THE PUBLIC HEALTH SERVICE.
(a) Authority.--The Secretary of the Army and the Secretary of Health
and Human Services may jointly conduct a program to augment the Army
Medical Department by exercising any authorities provided to those
officials in law for the detailing of reserve commissioned officers of
the Public Health Service not in an active status to the Army Medical
Department for that purpose.
(b) Agreement.--The Secretary of the Army and the Secretary of Health
and Human Services shall enter into an agreement governing any program
conducted under subsection (a).
(c) Assessment.--(1) The Secretary of the Army shall review the laws
providing the authorities described in subsection (a) and assess the
adequacy of those laws for authorizing--
(A) the Secretary of Health and Human Services to detail reserve
commissioned officers of the Public Health Service not in an active
status to the Army Medical Department to augment that department; and
(B) the Secretary of the Army to accept the detail of such officers
for that purpose.
(2) The Secretary shall complete the review and assessment under
paragraph (1) not later than 90 days after the date of the enactment of
this Act.
(d) Report to Congress.--Not later than March 1, 2001, the Secretary
of the Army shall submit a report on the results of the review and
assessment under subsection (c) to the Committees on Armed Services of
the Senate and the House of Representatives. The report shall include
the following:
(1) The findings resulting from the review and assessment.
(2) Any proposal for legislation that the Secretary recommends to
strengthen the authority of the Secretary of Health and Human Services
and the authority of the Secretary of the Army to take the actions
described in subparagraphs (A) and (B), respectively, of subsection
(c)(1).
(e) Consultation Requirement.--The Secretary of the Army shall
consult with the Secretary of Health and Human Services in carrying out
the review and assessment under subsection (c) and in preparing the
report (including making recommendations) under subsection (d).
SEC. 756. PRIVACY OF DEPARTMENT OF DEFENSE MEDICAL RECORDS.
(a) Comprehensive Plan.--Not later than April 1, 2001, the Secretary
of Defense shall submit to Congress a comprehensive plan to improve
privacy protections for medical records maintained by the Department of
Defense. Such plan shall be consistent with the regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104 191; 42 U.S.C. 1320d 2 note).
(b) Interim Regulations.--(1) Notwithstanding any other provision of
law, the Secretary shall prescribe interim regulations, pending full
implementation of the comprehensive plan described in subsection (a), to
improve privacy protections for medical records maintained by the
Department of Defense.
(2) The regulations prescribed under paragraph (1) shall provide
maximum protections for privacy consistent with such actions that the
Secretary determines are necessary for purposes of national security,
law enforcement, patient treatment, public health reporting,
accreditation and licensure review activities, external peer review and
other quality assurance program activities, payment for health care
services, fraud and abuse prevention, judicial and administrative
proceedings, research consistent with regulations on Governmentwide
protection of human subjects, Department of Veterans Affairs benefit
programs, and any other purposes identified by the Secretary for the
responsible management of the military health care system.
SEC. 757. AUTHORITY TO ESTABLISH SPECIAL LOCALITY-BASED
REIMBURSEMENT RATES; REPORTS.
(a) In General.--Section 1079(h) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5) To assure access to care for all covered beneficiaries, the
Secretary of Defense, in consultation with the other administering
Secretaries, shall designate specific rates for reimbursement for
services in certain localities if the Secretary determines that without
payment of such rates access to health care services would be severely
impaired. Such a determination shall be based on consideration of the
number of providers in a locality who provide the services, the number
of such providers who are CHAMPUS participating providers, the number of
covered beneficiaries under CHAMPUS in the locality, the availability of
military providers in the location or a nearby location, and any other
factors determined to be relevant by the Secretary.''.
(b) Reports.--(1) Not later than March 31, 2001, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives and the General Accounting Office a
report on actions taken to carry out section 1079(h)(5) of title 10,
United States Code (as added by subsection (a)) and section 1097b of
such title.
(2) Not later than May 1, 2001, the Comptroller General shall submit
to Congress a report analyzing the utility of--
(A) increased reimbursement authorities with respect to ensuring the
availability of network providers and nonnetwork providers under the
TRICARE program to covered beneficiaries under chapter 55 of such title;
and
(B) requiring a reimbursement limitation of 70 percent of usual and
customary rates rather than 115 percent of maximum allowable charges
under the Civilian Health and Medical Program of the Uniformed Services.
(3)(A) Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the extent to which physicians are choosing not to participate in
contracts for the furnishing of health care in rural States under
chapter 55 of title 10, United States Code. The report shall include the
following:
(i) The number of physicians in rural States who are withdrawing
from participation, or otherwise refusing to participate, in the health
care contracts.
(ii) The reasons for the withdrawals and refusals.
(iii) The actions that the Secretary of Defense can take to
encourage more physicians to participate in the health care contracts.
(iv) Any recommendations for legislation that the Secretary
considers necessary to encourage more physicians to participate in the
health care contracts.
(B) In this paragraph, the term ``rural State'' means a State that
has, on average, as determined by the Bureau of the Census in the latest
decennial census--
(i) fewer than 76 residents per square mile; and
(ii) fewer than 211 actively practicing physicians (not counting
physicians employed by the United States) per 100,000 residents.
SEC. 758. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074h (as added by section 706) the
following new section:
``1074i. Reimbursement for certain travel expenses
``In any case in which a covered beneficiary is referred by a primary
care physician to a specialty care provider who provides services more
than 100 miles from the location in which the primary care provider
provides services to the covered beneficiary, the Secretary shall
provide reimbursement for reasonable travel expenses for the covered
beneficiary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1074g the following new item:
``1074i. Reimbursement for certain travel expenses.''.
SEC. 759. REDUCTION OF CAP ON PAYMENTS.
Section 1086(b)(4) of title 10, United States Code, is amended by
striking ``$7,500'' and inserting ``$3,000''.
SEC. 760. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINISTRATION.
(a) Expansion of Program.--Section 715(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104 106; 110 Stat
375; 10 U.S.C. 1073 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``Not later
than six months after the date of the enactment of this Act, the'' and
inserting ``The'';
(2) in paragraph (1)--
(A) by inserting ``, deputy commander, and managed care
coordinator'' after ``commander''; and
(B) by inserting ``, and any other person,'' after ``Defense''; and
(3) by amending subsection (b) to read as follows:
``(b) Limitation on Assignment Until Completion of Training.--No
person may be assigned as the commander, deputy commander, or managed
care coordinator of a military medical treatment facility or as a
TRICARE lead agent or senior member of the staff of a TRICARE lead agent
office until the Secretary of the military department concerned submits
a certification to the Secretary of Defense that such person has
completed the training described in subsection (a).''.
(b) Report Requirement.--(1) Not later than 18 months after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on progress in meeting the requirements of section 715
of such Act (as amended by subsection (a)) by implementing a
professional educational program to provide appropriate training in
health care management and administration.
(2) The report required by paragraph (1) shall include the following:
(A) A survey of professional civilian certifications and credentials
which demonstrate achievement of the requirements of such section.
(B) A description of the continuing education activities required to
obtain initial certification and periodic required recertification.
(C) A description of the prominence of such credentials or
certifications among senior civilian health care executives.
(c) Applicability.--The amendments made by subsection (a) to section
715 of such Act--
(1) shall apply to a deputy commander, a managed care coordinator of
a military medical treatment facility, or a lead agent for coordinating
the delivery of health care by military and civilian providers under the
TRICARE program, who is assigned to such position on or after the date
that is one year after the date of the enactment of this Act; and
(2) may apply, in the discretion of the Secretary of Defense, to a
deputy commander, a managed care coordinator of such a facility, or a
lead agent for coordinating the delivery of such health care, who is
assigned to such position before the date that is one year after the
date of the enactment of this Act.
SEC. 761. STUDIES ON FEASIBILITY OF SHARING BIOMEDICAL
RESEARCH FACILITY.
(a) Studies Required.--(1) The Secretary of the Army shall conduct a
study on the feasibility of the Tripler Army Medical Center, Hawaii,
sharing a biomedical research facility with the Department of Veterans
Affairs and the School of Medicine at the University of Hawaii for the
purpose of making more efficient use of funding for biomedical research.
(2) The Secretary of the Air Force shall conduct a study on the
feasibility of the Little Rock Medical Facility, Arkansas, sharing a
biomedical research facility with the Department of Veterans Affairs and
the School of Medicine at the University of Arkansas for the purpose of
making more efficient use of funding for biomedical research.
(3) The biomedical research facilities described in paragraphs (1)
and (2) would include a clinical research center and facilities for
educational, academic, and laboratory research.
(b) Reports.--Not later than March 1, 2001--
(1) the Secretary of the Army shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
on the study conducted under subsection (a)(1); and
(2) the Secretary of the Air Force shall submit to such committees a
report on the study conducted under subsection (a)(2).
SEC. 762. STUDY ON COMPARABILITY OF COVERAGE FOR PHYSICAL,
SPEECH, AND OCCUPATIONAL THERAPIES.
(a) Study Required.--The Secretary of Defense shall conduct a study
comparing coverage and reimbursement for covered beneficiaries under
chapter 55 of title 10, United States Code, for physical, speech, and
occupational therapies under the TRICARE program and the Civilian Health
and Medical Program of the Uniformed Services to coverage and
reimbursement for such therapies by insurers under Medicare
and the Federal Employees Health Benefits Program. The study
shall examine the following:
(1) Types of services covered.
(2) Whether prior authorization is required to receive such services.
(3) Reimbursement limits for services covered.
(4) Whether services are covered on both an inpatient and outpatient
basis.
(b) Report.--Not later than March 31, 2001, the Secretary shall
submit a report on the findings of the study conducted under this
section to the Committees on Armed Services of the Senate and the House
of Representatives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
SUBTITLE A--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND LIMITATIONS
Sec. 801. Department of Defense acquisition pilot programs.
Sec. 802. Multiyear services contracts.
Sec. 803. Clarification and extension of authority to carry out
certain prototype projects.
Sec. 804. Clarification of authority of Comptroller General to
review records of participants in certain prototype projects.
Sec. 805. Extension of time period of limitation on procurement of
ball bearings and roller bearings.
Sec. 806. Reporting requirements relating to multiyear contracts.
Sec. 807. Eligibility of small business concerns owned and
controlled by women for assistance under the mentor-protege program.
Sec. 808. Qualifications required for employment and assignment in
contracting positions.
Sec. 809. Revision of authority for solutions-based contracting
pilot program.
Sec. 810. Procurement notice of contracting opportunities through
electronic means.
SUBTITLE B--INFORMATION TECHNOLOGY
Sec. 811. Acquisition and management of information technology.
Sec. 812. Tracking and management of information technology purchases.
Sec. 813. Appropriate use of requirements regarding experience and
education of contractor personnel in the procurement of information
technology services.
Sec. 814. Navy-Marine Corps Intranet.
Sec. 815. Sense of Congress regarding information technology
systems for Guard and Reserve components.
SUBTITLE C--OTHER ACQUISITION-RELATED MATTERS
Sec. 821. Improvements in procurements of services.
Sec. 822. Financial analysis of use of dual rates for quantifying
overhead costs at Army ammunition plants.
Sec. 823. Repeal of prohibition on use of Department of Defense
funds for procurement of nuclear-capable shipyard crane from a foreign
source.
Sec. 824. Extension of waiver period for live-fire survivability
testing for MH 47E and MH 60K helicopter modification programs.
Sec. 825. Compliance with existing law regarding purchases of
equipment and products.
Sec. 826. Requirement to disregard certain agreements in awarding
contracts for the purchase of firearms or ammunition.
SUBTITLE D--STUDIES AND REPORTS
Sec. 831. Study on impact of foreign sourcing of systems on
long-term military readiness and related industrial infrastructure.
Sec. 832. Study of policies and procedures for transfer of
commercial activities.
Sec. 833. Study and report on practice of contract bundling in
military construction contracts.
Sec. 834. Requirement to conduct study on contract bundling.
Subtitle A--Amendments to General Contracting Authorities,
Procedures, and Limitations
SEC. 801. DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS.
(a) Extension of Authority.--Section 5064(d)(2) of the Federal
Acquisition Streamlining Act of 1994 (Public Law 103 355; 108 Stat.
3361; 10 U.S.C. 2430 note) is amended by striking ``45 days after the
date of the enactment of this Act and ends on September 30, 1998'' and
inserting ``on October 13, 1994, and ends on October 1, 2007''.
(b) Expansion of JDAM Program.--Section 5064(a)(2) of such Act is
amended by striking ``1000-pound and 2000-pound bombs'' and inserting
``500-pound, 1000-pound, and 2000-pound bombs''.
(c) Report Required.--(1) Not later than January 1, 2001, the
Secretary of Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the acquisition
pilot programs of the Department of Defense. The report shall describe,
for each acquisition program identified in section 5064(a) of the
Federal Acquisition Streamlining Act of 1994, the following:
(A) Each quantitative measure and goal established for each item
described in paragraph (2), which of such goals have been achieved, and
the extent to which the use of the authorities in section 809 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law 101
510; 10 U.S.C. 2430 note) and section 5064 of the Federal Acquisition
Streamlining Act of 1994 was a factor in achieving each of such goals.
(B) Recommended revisions to statutes or the Federal Acquisition
Regulation as a result of participation in the pilot program.
(C) Any innovative business practices developed as a result of
participation in the pilot program, whether such business practices
could be applied to other acquisition programs, and any impediments to
application of such practices to other programs.
(D) Technological changes to the program, and to what extent those
changes affected the items in paragraph (2).
(E) Any other information determined appropriate by the Secretary.
(2) The items under this paragraph are, with respect to defense
acquisition programs, the following:
(A) The acquisition management costs.
(B) The unit cost of the items procured.
(C) The acquisition cycle.
(D) The total cost of carrying out the contract.
(E) Staffing necessary to carry out the program.
SEC. 802. MULTIYEAR SERVICES CONTRACTS.
(a) In General.--(1) Chapter 137 of title 10, United States Code, is
amended by inserting after section 2306b the following:
``2306c. Multiyear contracts: acquisition of services
``(a) Authority.--Subject to subsections (d) and (e), the head of an
agency may enter into contracts for periods of not more than five years
for services described in subsection (b), and for items of supply
related to such services, for which funds would otherwise be available
for obligation only within the fiscal year for which appropriated
whenever the head of the agency finds that--
``(1) there will be a continuing requirement for the services
consonant with current plans for the proposed contract period;
``(2) the furnishing of such services will require a substantial
initial investment in plant or equipment, or the incurrence of
substantial contingent liabilities for the assembly, training, or
transportation of a specialized work force; and
``(3) the use of such a contract will promote the best interests of
the United States by encouraging effective competition and promoting
economies in operation.
``(b) Covered Services.--The authority under subsection (a) applies
to the following types of services:
``(1) Operation, maintenance, and support of facilities and
installations.
``(2) Maintenance or modification of aircraft, ships, vehicles, and
other highly complex military equipment.
``(3) Specialized training necessitating high quality instructor
skills (for example, pilot and air crew members; foreign language
training).
``(4) Base services (for example, ground maintenance; in-plane
refueling; bus transportation; refuse collection and disposal).
``(c) Applicable Principles.--In entering into multiyear contracts
for services under the authority of this section, the head of the agency
shall be guided by the following principles:
``(1) The portion of the cost of any plant or equipment amortized as
a cost of contract performance should not exceed the ratio between the
period of contract performance and the anticipated useful commercial
life of such plant or equipment. Useful commercial life, for this
purpose, means the commercial utility of the facilities rather than the
physical life thereof, with due consideration given to such factors as
location of facilities, specialized nature thereof, and obsolescence.
``(2) Consideration shall be given to the desirability of obtaining
an option to renew the contract for a reasonable period not to exceed
three years, at prices not to include charges for plant, equipment and
other nonrecurring costs, already amortized.
``(3) Consideration shall be given to the desirability of reserving
in the agency the right, upon payment of the
unamortized portion of the cost of the plant or equipment, to
take title thereto under appropriate circumstances.
``(d) Restrictions Applicable Generally.--(1) The head of an agency
may not initiate under this section a contract for services that
includes an unfunded contingent liability in excess of $20,000,000
unless the committees of Congress named in paragraph (5) are notified of
the proposed contract at least 30 days in advance of the award of the
proposed contract.
``(2) The head of an agency may not initiate a multiyear contract for
services under this section if the value of the multiyear contract would
exceed $500,000,000 unless authority for the contract is specifically
provided by law.
``(3) The head of an agency may not terminate a multiyear procurement
contract for services until 10 days after the date on which notice of
the proposed termination is provided to the committees of Congress named
in paragraph (5).
``(4) Before any contract described in subsection (a) that contains a
clause setting forth a cancellation ceiling in excess of $100,000,000
may be awarded, the head of the agency concerned shall give written
notification of the proposed contract and of the proposed cancellation
ceiling for that contract to the committees of Congress named in
paragraph (5), and such contract may not then be awarded until the end
of a period of 30 days beginning on the date of such notification.
``(5) The committees of Congress referred to in paragraphs (1), (3),
and (4) are as follows:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(e) Cancellation or Termination for Insufficient Funding After
First Year.--In the event that funds are not made available for the
continuation of a multiyear contract for services into a subsequent
fiscal year, the contract shall be canceled or terminated, and the costs
of cancellation or termination may be paid from--
``(1) appropriations originally available for the performance of the
contract concerned;
``(2) appropriations currently available for procurement of the type
of services concerned, and not otherwise obligated; or
``(3) funds appropriated for those payments.
``(f) Multiyear Contract Defined.--For the purposes of this section,
a multiyear contract is a contract for the purchase of services for more
than one, but not more than five, program years. Such a contract may
provide that performance under the contract during the second and
subsequent years of the contract is contingent upon the appropriation of
funds and (if it does so provide) may provide for a cancellation payment
to be made to the contractor if such appropriations are not made.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2306b the following:
``2306c. Multiyear contracts: acquisition of services.''.
(b) Reference to Relocated Authority.--Subsection (g) of section 2306
of such title is amended to read as follows:
``(g) Multiyear contracting authority for the acquisition of services
is provided in section 2306c of this title.''.
(c) Conforming Amendment.--Section 2306b(k) of title 10, United
States Code, is amended by striking ``or services''.
(d) Applicability.--Section 2306c of title 10, United States Code (as
added by subsection (a)), shall apply with respect to contracts for
which solicitations of offers are issued after the date of the enactment
of this Act.
SEC. 803. CLARIFICATION AND EXTENSION OF AUTHORITY TO CARRY
OUT CERTAIN PROTOTYPE PROJECTS.
(a) Amendments to Authority.--Section 845 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103 160; 10 U.S.C.
2371 note) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new subsections:
``(d) Appropriate Use of Authority.--(1) The Secretary of Defense
shall ensure that no official of an agency enters into a transaction
(other than a contract, grant, or cooperative agreement) for a prototype
project under the authority of this section unless--
``(A) there is at least one nontraditional defense contractor
participating to a significant extent in the prototype project; or
``(B) no nontraditional defense contractor is participating to a
significant extent in the prototype project, but at least one of the
following circumstances exists:
``(i) At least one third of the total cost of the prototype project
is to be paid out of funds provided by parties to the transaction other
than the Federal Government.
``(ii) The senior procurement executive for the agency (as
designated for the purposes of section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3)) determines in writing that
exceptional circumstances justify the use of a transaction that provides
for innovative business arrangements or structures that would not be
feasible or appropriate under a contract.
``(2)(A) Except as provided in subparagraph (B), the amounts counted
for the purposes of this subsection as being provided, or to be
provided, by a party to a transaction with respect to a prototype
project that is entered into under this section other than the Federal
Government do not include costs that were incurred before the date on
which the transaction becomes effective.
``(B) Costs that were incurred for a prototype project by a party
after the beginning of negotiations resulting in a transaction (other
than a contract, grant, or cooperative agreement) with respect to the
project before the date on which the transaction becomes effective may
be counted for purposes of this subsection as being provided, or to be
provided, by the party to the transaction if and to the extent that the
official responsible for entering into the transaction determines in
writing that--
``(i) the party incurred the costs in anticipation of entering into
the transaction; and
``(ii) it was appropriate for the party to incur the costs before
the transaction became effective in order to ensure the successful
implementation of the transaction.
``(e) Nontraditional Defense Contractor Defined.--In this section,
the term `nontraditional defense contractor' means an entity that has
not, for a period of at least one year prior to the date that a
transaction (other than a contract, grant, or cooperative agreement) for
a prototype project under the authority of this section is entered into,
entered into or performed with respect to--
``(1) any contract that is subject to full coverage under the cost
accounting standards prescribed pursuant to section 26 of the Office of
Federal Procurement Policy Act (41 U.S.C. 422) and the regulations
implementing such section; or
``(2) any other contract in excess of $500,000 to carry out
prototype projects or to perform basic, applied, or advanced research
projects for a Federal agency, that is subject to the Federal
Acquisition Regulation.''.
(b) Extension of Authority.--Subsection (f) of such section, as
redesignated by subsection (a)(1), is amended by striking ``September
30, 2001'' and inserting ``September 30, 2004''.
SEC. 804. CLARIFICATION OF AUTHORITY OF COMPTROLLER GENERAL TO
REVIEW RECORDS OF PARTICIPANTS IN CERTAIN PROTOTYPE PROJECTS.
(a) Comptroller General Review.--Section 845(c) of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and
(5), respectively; and
(2) by inserting after paragraph (2) the following new paragraph (3):
``(3)(A) The right provided to the Comptroller General in a clause of
an agreement under paragraph (1) is limited as provided in subparagraph
(B) in the case of a party to the agreement, an entity that participates
in the performance of the agreement, or a subordinate element of that
party or entity if the only agreements or other transactions that the
party, entity, or subordinate element entered into with Government
entities in the year prior to the date of that agreement are cooperative
agreements or transactions that were entered into under this section or
section 2371 of title 10, United States Code.
``(B) The only records of a party, other entity, or subordinate
element referred to in subparagraph (A) that the Comptroller General may
examine in the exercise of the right referred to in that subparagraph
are records of the same type as the records that the Government has had
the right to examine under the audit access clauses of the previous
agreements or transactions referred to in such subparagraph that were
entered into by that particular party, entity, or subordinate
element.''.
SEC. 805. EXTENSION OF TIME PERIOD OF LIMITATION ON
PROCUREMENT OF BALL BEARINGS AND ROLLER BEARINGS.
Section 2534(c)(3) of title 10, United States Code, is amended by
striking ``October 1, 2000'' and inserting ``October 1, 2005''.
SEC. 806. REPORTING REQUIREMENTS RELATING TO MULTIYEAR CONTRACTS.
Section 2306b(l) of title 10, United States Code, is amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking ``The head
of an agency'' and all that follows through ``following information''
and inserting ``Not later than the date of the submission of the
President's budget request under section 1105 of title 31, the Secretary
of Defense shall submit a report to the congressional defense committees
each year, providing the following information with respect to each
multiyear contract (and each extension of an existing multiyear
contract) entered into, or planned to be entered into, by the head of an
agency during the current or preceding year''; and
(B) in subparagraph (B), by striking ``in effect immediately before
the contract (or contract extension) is entered into'' and inserting
``in effect at the time the report is submitted'';
(2) by redesignating paragraphs (5) through (9) as paragraphs (6)
through (10), respectively; and
(3) by inserting after paragraph (4) the following new paragraph (5):
``(5) The head of an agency may not enter into a multiyear contract
(or extend an existing multiyear contract), the value of which would
exceed $500,000,000 (when entered into or when extended, as the case may
be), until the Secretary of Defense submits to the congressional defense
committees a report containing the information described in paragraph
(4) with respect to the contract (or contract extension).''.
SEC. 807. ELIGIBILITY OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY WOMEN FOR ASSISTANCE UNDER THE MENTOR-PROTEGE PROGRAM.
Section 831(m)(2) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101 510; 10 U.S.C. 2302 note) is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting ``; or''; and
(3) by adding at the end the following:
``(E) a small business concern owned and controlled by women, as
defined in section 8(d)(3)(D) of the Small Business Act (15 U.S.C.
637(d)(3)(D)).''.
SEC. 808. QUALIFICATIONS REQUIRED FOR EMPLOYMENT AND
ASSIGNMENT IN CONTRACTING POSITIONS.
(a) Applicability of Requirements to Members of the Armed
Forces.--Section 1724 of title 10, United States Code, is amended in the
first sentence of subsection (d)--
(1) by striking ``employee of'' and inserting ``employee or member
of''; and
(2) by striking ``employee possesses'' and inserting ``employee or
member possesses''.
(b) Mandatory Academic Qualifications.--(1) Subsection (a)(3) of such
section is amended--
(A) by inserting ``and'' before ``(B)''; and
(B) by striking ``, or (C)'' and all that follows through ``listed
in subparagraph (B)''.
(2) Subsection (b) of such section is amended to read as follows:
``(b) GS 1102 Series Positions and Similar Military Positions.--The
Secretary of Defense shall require that a person meet the requirements
set forth in paragraph (3) of subsection (a), but not the other
requirements set forth in that subsection, in order to qualify to serve
in a position in the Department of Defense in--
``(1) the GS 1102 occupational series; or
``(2) a similar occupational specialty if the position is to be
filled by a member of the armed forces.''.
(c) Exception.--Subsection (c) of such section is amended to read as
follows:
``(c) Exception.--The requirements imposed under subsection (a) or
(b) shall not apply to a person for the purpose of qualifying to serve
in a position in which the person is serving on September 30, 2000.''.
(d) Deletion of Unnecessary Cross References.--Subsection (a) of such
section is amended by striking ``(except as provided in subsections (c)
and (d))'' in the matter preceding paragraph (1).
(e) Effective Date.--This section, and the amendments made by this
section, shall take effect on October 1, 2000, and shall apply to
appointments and assignments to contracting positions made on or after
that date.
SEC. 809. REVISION OF AUTHORITY FOR SOLUTIONS-BASED
CONTRACTING PILOT PROGRAM.
(a) Pilot Projects Under the Program.--Section 5312 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1492) is amended--
(1) in subsection (a), by striking ``subsection (d)(2)'' and
inserting ``subsection (d)''; and
(2) by striking subsection (d) and inserting the following:
``(d) Pilot Program Projects.--The Administrator shall authorize to
be carried out under the pilot program--
``(1) not more than 10 projects, each of which has an estimated cost
of at least $25,000,000 and not more than $100,000,000; and
``(2) not more than 10 projects for small business concerns, each of
which has an estimated cost of at least $1,000,000 and not more than
$5,000,000.''.
(b) Elimination of Requirement for Federal Funding of Program
Definition Phase.--Subsection (c)(9)(B) of such section is amended by
striking ``program definition phase (funded, in the case of the source
ultimately awarded the contract, by the Federal Government)--'' and
inserting ``program definition phase--''.
SEC. 810. PROCUREMENT NOTICE OF CONTRACTING OPPORTUNITIES
THROUGH ELECTRONIC MEANS.
(a) Publication by Electronic Means.--Subsection (a) of section 18 of
the Office of Federal Procurement Policy Act (41 U.S.C. 416) is
amended--
(1) in paragraph (1)(A), by striking ``furnish for publication by
the Secretary of Commerce'' and inserting ``publish'';
(2) by striking paragraph (2) and inserting the following:
``(2)(A) A notice of solicitation required to be published under
paragraph (1) may be published--
``(i) by electronic means that meets the requirements for
accessibility under paragraph (7); or
``(ii) by the Secretary of Commerce in the Commerce Business Daily.
``(B) The Secretary of Commerce shall promptly publish in the
Commerce Business Daily each notice or announcement received under this
subsection for publication by that means.''; and
(3) by adding at the end the following:
``(7) A publication of a notice of solicitation by electronic means
meets the requirements for accessibility under this paragraph if the
notice is electronically accessible in a form that allows convenient and
universal user access through the single Government-wide point of entry
designated in the Federal Acquisition Regulation.''.
(b) Waiting Period for Issuance of Solicitation.--Paragraph (3) of
such subsection is amended--
(1) in the matter preceding subparagraph (A), by striking ``furnish
a notice to the Secretary of Commerce'' and inserting ``publish a notice
of solicitation''; and
(2) in subparagraph (A), by striking ``by the Secretary of Commerce''.
(c) Conforming Amendments To Small Business Act.--Subsection (e) of
section 8 of the Small Business Act (15 U.S.C. 637) is amended--
(1) in paragraph (1)(A), by striking ``furnish for publication by
the Secretary of Commerce'' and inserting ``publish'';
(2) by striking paragraph (2) and inserting the following:
``(2)(A) A notice of solicitation required to be published under
paragraph (1) may be published--
``(i) by electronic means that meet the accessibility requirements
under section 18(a)(7) of the Office of Federal Procurement Policy Act
(41 U.S.C. 416(a)(7)); or
``(ii) by the Secretary of Commerce in the Commerce Business Daily.
``(B) The Secretary of Commerce shall promptly publish in the
Commerce Business Daily each notice or announcement received under this
subsection for publication by that means.''; and
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking ``furnish
a notice to the Secretary of Commerce'' and inserting ``publish a notice
of solicitation''; and
(B) in subparagraph (A), by striking ``by the Secretary of Commerce''.
(d) Periodic Reports on Implementation of Electronic Commerce in
Federal Procurement.--Section 30(e) of the Office of Federal Procurement
Policy Act (41 U.S.C. 426(e)) is amended--
(1) in the first sentence, by striking ``Not later than March 1,
1998, and every year afterward through 2003'' and inserting ``Not later
than March 1 of each even-numbered year through 2004''; and
(2) in paragraph (4)--
(A) by striking ``Beginning with the report submitted on March 1,
1999, an'' and inserting ``An''; and
(B) by striking ``calendar year'' and inserting ``two fiscal years''.
(e) Effective Date; Applicability.--The amendments made by this
section shall take effect on October 1, 2000. The amendments made by
subsections (a), (b), and (c) shall apply with respect to solicitations
issued on or after that date.
Subtitle B--Information Technology
SEC. 811. ACQUISITION AND MANAGEMENT OF INFORMATION TECHNOLOGY.
(a) Responsibility of DOD Chief Information Officer Relating to
Mission Critical and Mission Essential Information Technology
Systems.--Section 2223(a) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and inserting
``; and''; and
(3) by adding at the end the following:
``(5) maintain a consolidated inventory of Department of Defense
mission critical and mission essential information systems, identify
interfaces between those systems and other information systems, and
develop and maintain contingency plans for responding to a disruption in
the operation of any of those information systems.''.
(b) Minimum Planning Requirements for the Acquisition of Information
Technology Systems.--(1) Not later than 60 days after the date of the
enactment of this Act, Department of Defense Directive 5000.1 shall be
revised to establish minimum planning requirements for the acquisition
of information technology systems.
(2) The revised directive required by (1) shall--
(A) include definitions of the terms ``mission critical information
system'' and ``mission essential information system'';
(B) prohibit the award of any contract for the acquisition of a
mission critical or mission essential information technology system
until--
(i) the system has been registered with the Chief Information
Officer of the Department of Defense;
(ii) the Chief Information Officer has received all information on
the system that is required under the directive to be provided to that
official; and
(iii) the Chief Information Officer has determined that there is in
place for the system an appropriate information assurance strategy; and
(C) require that, in the case of each system registered pursuant to
subparagraph (B)(i), the information required under subparagraph (B)(ii)
to be submitted as part of the registration shall be updated on not less
than a quarterly basis.
(c) Milestone Approval for Major Automated Information Systems.--The
revised directive required by subsection (b) shall prohibit Milestone I
approval, Milestone II approval, or Milestone III approval (or the
equivalent) of a major automated information system within the
Department of Defense until the Chief Information Officer has determined
that--
(1) the system is being developed in accordance with the
requirements of division E of the Clinger-Cohen Act of 1996 (40 U.S.C.
1401 et seq.);
(2) appropriate actions have been taken with respect to the system
in the areas of business process reengineering, analysis of
alternatives, economic analysis, and performance measures; and
(3) the system has been registered as described in subsection
(b)(2)(B).
(d) Notice of Redesignation of Systems.--(1) Whenever during fiscal
year 2001, 2002, or 2003 the Chief Information Officer designates a
system previously designated as a major automated information system to
be in a designation category other than a major automated information
system, the Chief Information Officer shall notify the congressional
defense committees of that designation. The notice shall be provided not
later than 30 days after the date of that designation. Any such notice
shall include the rationale for the decision to make the designation and
a description of the program management oversight that will be
implemented for the system so designated.
(2) Not later than 60 days after the date of the enactment of this
Act, the Chief Information Officer shall submit to the congressional
defense committees a report specifying each information system of the
Department of Defense previously designated as a major automated
information system that is currently designated in a designation
category other than a major automated information system including
designation as a ``special interest major technology initiative''. The
report shall include for each such system the information specified in
the third sentence of paragraph (1).
(e) Annual Implementation Report.--(1) The Secretary of Defense shall
submit to the congressional defense committees, not later than April 1
of each of fiscal years 2001, 2002, and 2003, a report on the
implementation of the requirements of this section during the preceding
fiscal year.
(2) The report for a fiscal year under paragraph (1) shall include,
at a minimum, for each major automated information system that was
approved during such preceding fiscal year under Department of Defense
Directive 5000.1 (as revised pursuant to subsection (b)), the following:
(A) The funding baseline.
(B) The milestone schedule.
(C) The actions that have been taken to ensure compliance with the
requirements of this section and the directive.
(3) The first report shall include, in addition to the information
required by paragraph (2), an explanation of the manner in which the
responsible officials within the Department of Defense have addressed,
or intend to address, the following acquisition issues for each major
automated information system planned to be acquired after that fiscal
year:
(A) Requirements definition.
(B) Presentation of a business case analysis, including an analysis
of alternatives and a calculation of return on investment.
(C) Performance measurement.
(D) Test and evaluation.
(E) Interoperability.
(F) Cost, schedule, and performance baselines.
(G) Information assurance.
(H) Incremental fielding and implementation.
(I) Risk mitigation.
(J) The role of integrated product teams.
(K) Issues arising from implementation of the Command, Control,
Communications, Computers, Intelligence, Surveillance, and
Reconnaissance Plan required by Department of Defense Directive 5000.1
and Chairman of the Joint Chiefs of Staff Instruction 3170.01.
(L) Oversight, including the Chief Information Officer's oversight
of decision reviews.
(f) Definitions.--In this section:
(1) The term ``Chief Information Officer'' means the senior official
of the Department of Defense designated by the Secretary of Defense
pursuant to section 3506 of title 44, United States Code.
(2) The term ``information technology system'' has the meaning given
the term ``information technology'' in section 5002 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1401).
(3) The term ``major automated information system'' has the meaning
given that term in Department of Defense Directive 5000.1.
SEC. 812. TRACKING AND MANAGEMENT OF INFORMATION TECHNOLOGY PURCHASES.
(a) In General.--(1) Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
``2225. Information technology purchases: tracking and management
``(a) Collection of Data Required.--To improve tracking and
management of information technology products and services by the
Department of Defense, the Secretary of Defense shall provide for the
collection of the data described in subsection (b) for each purchase of
such products or services made by a military department or Defense
Agency in excess of the simplified acquisition threshold, regardless of
whether such a purchase is made in the form of a contract, task order,
delivery order, military interdepartmental purchase request, or any
other form of interagency agreement.
``(b) Data To Be Collected.--The data required to be collected under
subsection (a) includes the following:
``(1) The products or services purchased.
``(2) Whether the products or services are categorized as
commercially available off-the-shelf items, other commercial items,
nondevelopmental items other than commercial items, other noncommercial
items, or services.
``(3) The total dollar amount of the purchase.
``(4) The form of contracting action used to make the purchase.
``(5) In the case of a purchase made through an agency other than
the Department of Defense--
``(A) the agency through which the purchase is made; and
``(B) the reasons for making the purchase through that agency.
``(6) The type of pricing used to make the purchase (whether fixed
price or another type of pricing).
``(7) The extent of competition provided in making the purchase.
``(8) A statement regarding whether the purchase was made from--
``(A) a small business concern;
``(B) a small business concern owned and controlled by socially and
economically disadvantaged individuals; or
``(C) a small business concern owned and controlled by women.
``(9) A statement regarding whether the purchase was made in
compliance with the planning requirements under sections 5122 and 5123
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1422, 1423).
``(c) Responsibility To Ensure Fairness of Certain Prices.--The head
of each contracting activity in the Department of Defense shall have
responsibility for ensuring the fairness and reasonableness of unit
prices paid by the contracting activity for information technology
products and services that are frequently purchased commercially
available off-the-shelf items.
``(d) Limitation on Certain Purchases.--No purchase of information
technology products or services in excess of the simplified acquisition
threshold shall be made for the Department of Defense from a Federal
agency outside the Department of Defense unless--
``(1) the purchase data is collected in accordance with subsection
(a); or
``(2)(A) in the case of a purchase by a Defense Agency, the purchase
is approved by the Under Secretary of Defense for Acquisition,
Technology, and Logistics; or
``(B) in the case of a purchase by a military department, the
purchase is approved by the senior procurement executive of the military
department.
``(e) Annual Report.--Not later than March 15 of each year, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report containing a
summary of the data collected in accordance with subsection (a).
``(f) Definitions.--In this section:
``(1) The term `senior procurement executive', with respect to a
military department, means the official designated as the senior
procurement executive for the military department for the purposes of
section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C.
414(3)).
``(2) The term `simplified acquisition threshold' has the meaning
given the term in section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)).
``(3) The term `small business concern' means a business concern
that meets the applicable size standards prescribed pursuant to section
3(a) of the Small Business Act (15 U.S.C. 632(a)).
``(4) The term `small business concern owned and controlled by
socially and economically disadvantaged individuals' has the meaning
given that term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).
``(5) The term `small business concern owned and controlled by
women' has the meaning given that term in section 8(d)(3)(D) of the
Small Business Act (15 U.S.C. 637(d)(3)(D)).''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following:
``2225. Information technology purchases: tracking and management.''.
(b) Time for Implementation; Applicability.--(1) The Secretary of
Defense shall collect data as required under section 2225 of title 10,
United States Code (as added by subsection (a)) for all contractual
actions covered by such section entered into on or after the date that
is one year after the date of the enactment of this Act.
(2) Subsection (d) of such section shall apply with respect to
purchases described in that subsection for which solicitations of offers
are issued on or after the date that is one year after the date of the
enactment of this Act.
(c) GAO Report.--Not later than 15 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the collection of data
under such section 2225. The report shall include the Comptroller
General's assessment of the extent to which the collection of data meets
the requirements of that section.
SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE
AND EDUCATION OF CONTRACTOR PERSONNEL IN THE PROCUREMENT OF INFORMATION
TECHNOLOGY SERVICES.
(a) Amendment of the Federal Acquisition Regulation.--Not later than
180 days after the date of the enactment of this Act, the Federal
Acquisition Regulation issued in accordance with sections 6 and 25 of
the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421)
shall be amended to address the use, in the procurement of information
technology services, of requirements regarding the experience and
education of contractor personnel.
(b) Content of Amendment.--The amendment issued pursuant to
subsection (a) shall, at a minimum, provide that solicitations for the
procurement of information technology services shall not set forth any
minimum experience or educational requirement for proposed contractor
personnel in order for a bidder to be eligible for award of a contract
unless--
(1) the contracting officer first determines that the needs of the
executive agency cannot be met without any such requirement; or
(2) the needs of the executive agency require the use of a type of
contract other than a performance-based contract.
(c) GAO Report.--Not later than one year after the date on which the
regulations required by subsection (a) are published in the Federal
Register, the Comptroller General shall submit to Congress an evaluation
of--
(1) executive agency compliance with the regulations; and
(2) conformance of the regulations with existing law, together with
any recommendations that the Comptroller General considers appropriate.
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given that term in
section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(1)).
(2) The term ``information technology'' has the meaning given that
term in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C.
1401(3)).
(3) The term ``performance-based'', with respect to a contract,
means that the contract includes the use of performance work statements
that set forth contract requirements in clear, specific, and objective
terms with measurable outcomes.
SEC. 814. NAVY-MARINE CORPS INTRANET.
(a) Limitation.--None of the funds authorized to be appropriated for
the Department of the Navy may be obligated or expended to carry out a
Navy-Marine Corps Intranet contract before--
(1) the Comptroller of the Department of Defense and the Director of
the Office of Management and Budget--
(A) have reviewed--
(i) the Report to Congress on the Navy-Marine Corps Intranet
submitted by the Department of the Navy on June 30, 2000; and
(ii) the Business Case Analysis Supplement for the Report to
Congress on the Navy-Marine Corps Intranet submitted by the Department
of the Navy on July 15, 2000; and
(B) have provided their written comments to the Secretary of the
Navy and the Chief of Naval Operations; and
(2) the Secretary of the Navy and the Chief of Naval Operations have
submitted to Congress a joint certification that they have reviewed the
business case for the contract and the comments provided by the
Comptroller of the Department of Defense and the Director of the Office
of Management and Budget and that they have determined that the
implementation of the contract is in the best interest of the Department
of the Navy.
(b) Phased Implementation--(1) Upon the submission of the
certification under subsection (a)(2), the Secretary of the Navy may
commence a phased implementation of a Navy-Marine Corps Intranet
contract.
(2) Not more than 15 percent of the total number of work stations to
be provided under the Navy-Marine Corps Intranet program may be provided
in the first increment of implementation of the Navy-Marine Corps
Intranet contract.
(3) No work stations in excess of the number permitted by paragraph
(2) may be provided under the program until--
(A) the Secretary of the Navy has conducted operational testing and
cost review of the increment covered by that paragraph;
(B) the Chief Information Officer of the Department of Defense has
certified to the Secretary of the Navy that the results of the
operational testing of the Intranet are acceptable;
(C) the Comptroller of the Department of Defense has certified to
the Secretary of the Navy that the cost review provides a reliable basis
for forecasting the cost impact of continued implementation; and
(D) the Secretary of the Navy and the Chief of Naval Operations have
submitted to Congress a joint certification that they have reviewed the
certifications submitted under subparagraphs (B) and (C) and have
determined that the continued implementation of the contract is in the
best interest of the Department of the Navy.
(4) No increment of the Navy-Marine Corps Intranet that is
implemented during fiscal year 2001 may include any activities of the
Marine Corps, the naval shipyards, or the naval aviation depots. Funds
available for fiscal year 2001 for activities of the Marine Corps, the
naval shipyards, or the naval aviation depots may not be expended for
any contract for the Navy-Marine Corps Intranet.
(c) Prohibition on Increase of Rates Charged.--The Secretary of the
Navy shall ensure that rates charged by a working capital funded
industrial facility of the Department of the Navy for goods or services
provided by such facility are not increased during fiscal year 2001 for
the purpose of funding the Navy-Marine Corps Intranet contract.
(d) Applicability of Statutory and Regulatory Requirements.--The
acquisition of a Navy-Marine Corps Intranet shall be managed by the
Department of the Navy in accordance with the requirements of--
(1) the Clinger-Cohen Act of 1996 (divisions D and E of Public Law
104 106), including the requirement for utilizing modular contracting in
accordance with section 38 of the Office of Federal Procurement Policy
Act (41 U.S.C. 434); and
(2) Department of Defense Directives 5000.1 and 5000.2 R and all
other directives, regulations, and management controls that are
applicable to major investments in information technology and related
services.
(e) Impact on Federal Employees.--The Secretary shall mitigate any
adverse impact of the implementation of the Navy-Marine Corps Intranet
on civilian employees of the Department of the Navy who, as of the date
of the enactment of this Act, are performing functions that are included
in the scope of the Navy-Marine Corps Intranet program by--
(1) developing a comprehensive plan for the transition of such
employees to the performance of other functions within the Department of
the Navy;
(2) taking full advantage of transition authorities available for
the benefit of employees;
(3) encouraging the retraining of employees who express a desire to
qualify for reassignment to the performance of other functions within
the Department of the Navy; and
(4) including a provision in the Navy-Marine Corps Intranet contract
that requires the contractor to provide a preference for hiring
employees of the Department of the Navy who, as of the date of the
enactment of this Act, are performing functions that are included in the
scope of the contract.
(f) Navy-Marine Corps Intranet Contract Defined.--In this section,
the term ``Navy-Marine Corps Intranet contract'' means a contract
providing for a long-term arrangement of the Department of the Navy with
the commercial sector that imposes on the contractor a responsibility
for, and transfers to the contractor the risk of, providing and managing
the significant majority of desktop, server, infrastructure, and
communication assets and services of the Department of the Navy.
SEC. 815. SENSE OF CONGRESS REGARDING INFORMATION TECHNOLOGY
SYSTEMS FOR GUARD AND RESERVE COMPONENTS.
It is the sense of Congress--
(1) that the Secretary of Defense should take appropriate steps to
provide for upgrading information technology systems of the reserve
components to ensure that those systems are capable, as required for
mission purposes, of communicating with other relevant information
technology systems of the military department concerned and of the
Department of Defense in general; and
(2) that the Secretary of each military department should ensure
that communications systems for the reserve components under the
Secretary's jurisdiction receive appropriate funding for information
technology systems in order to achieve the capability referred to in
paragraph (1).
SUBTITLE C--OTHER ACQUISITION-RELATED MATTERS
SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.
(a) Preference for Performance-Based Service Contracting.--Not later
than 180 days after the date of the enactment of this Act, the Federal
Acquisition Regulation issued in accordance with sections 6 and 25 of
the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421)
shall be revised to establish a preference for use of contracts and task
orders for the purchase of services in the following order of
precedence:
(1) A performance-based contract or performance-based task order
that contains firm fixed prices for the specific tasks to be performed.
(2) Any other performance-based contract or performance-based task
order.
(3) Any contract or task order that is not a performance-based
contract or a performance-based task order.
(b) Incentive for Use of Performance-Based Service Contracts.--(1) A
Department of Defense performance-based service contract or
performance-based task order may be treated as a contract for the
procurement of commercial items if--
(A) the contract or task order is valued at $5,000,000 or less;
(B) the contract or task order sets forth specifically each task to
be performed and, for each task--
(i) defines the task in measurable, mission-related terms;
(ii) identifies the specific end products or output to be achieved;
and
(iii) contains a firm fixed price; and
(C) the source of the services provides similar services
contemporaneously to the general public under terms and conditions
similar to those offered to the Federal Government.
(2) The special simplified procedures provided in the Federal
Acquisition Regulation pursuant to section 2304(g)(1)(B) of title 10,
United States Code, shall not apply to a performance-based service
contract or performance-based task order that is treated as a contract
for the procurement of commercial items under paragraph (1).
(3) Not later than 2 years after the date of the enactment of this
Act, the Comptroller General shall submit a report on the implementation
of this subsection to the congressional defense committees.
(4) The authority under this subsection shall not apply to contracts
entered into or task orders issued more than 3 years after the date of
the enactment of this Act.
(c) Centers of Excellence in Service Contracting.--Not later than 180
days after the date of the enactment of this Act, the Secretary of each
military department shall establish at least one center of excellence in
contracting for services. Each center of excellence shall assist the
acquisition community by identifying, and serving as a clearinghouse
for, best practices in contracting for services in the public and
private sectors.
(d) Enhanced Training in Service Contracting.--(1) The Secretary of
Defense shall ensure that classes focusing specifically on contracting
for services are offered by the Defense Acquisition University and the
Defense Systems Management College and are otherwise available to
contracting personnel throughout the Department of Defense.
(2) The Secretary of each military department and the head of each
Defense Agency shall ensure that the personnel of the department or
agency, as the case may be, who are responsible for the awarding and
management of contracts for services receive appropriate training that
is focused specifically on contracting for services.
(e) Definitions.--In this section:
(1) The term ``performance-based'', with respect to a contract, a
task order, or contracting, means that the contract, task order, or
contracting, respectively, includes the use of performance work
statements that set forth contract requirements in clear, specific, and
objective terms with measurable outcomes.
(2) The term ``commercial item'' has the meaning given the term in
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
(3) The term ``Defense Agency'' has the meaning given the term in
section 101(a)(11) of title 10, United States Code.
SEC. 822. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR
QUANTIFYING OVERHEAD COSTS AT ARMY AMMUNITION PLANTS.
(a) Requirement for Analysis.--The Secretary of the Army shall carry
out a financial analysis of the costs that would be incurred and the
benefits that would be derived from the implementation of a policy of
using--
(1) one set of rates for quantifying the overhead costs associated
with Government-owned ammunition plants of the Department of the Army
when allocating those costs to contractors operating the plants; and
(2) another set of rates for quantifying the overhead costs to be
allocated to the operation of such plants by employees of the United
States.
(b) Report.--Not later than February 15, 2001, the Secretary shall
submit to the congressional defense committees a report on the results
of the analysis carried out under subsection (a). The report shall
include the following:
(1) The costs and benefits identified in the analysis under
subsection (a).
(2) The risks to the United States of implementing a dual-rate
policy described in subsection (a).
(3) The effects that a use of dual rates under such a policy would
have on the defense industrial base of the United States.
SEC. 823. REPEAL OF PROHIBITION ON USE OF DEPARTMENT OF
DEFENSE FUNDS FOR PROCUREMENT OF NUCLEAR-CAPABLE SHIPYARD CRANE FROM A
FOREIGN SOURCE.
Section 8093 of the Department of Defense Appropriations Act, 2000
(Public Law 106 79; 113 Stat. 1253), is amended by striking subsection
(d), relating to a prohibition on the use of Department of Defense funds
to procure a nuclear-capable shipyard crane from a foreign source.
SEC. 824. EXTENSION OF WAIVER PERIOD FOR LIVE-FIRE
SURVIVABILITY TESTING FOR MH 47E AND MH 60K HELICOPTER MODIFICATION
PROGRAMS.
(a) Existing Waiver Period Not Applicable.--Section 2366(c)(1) of
title 10, United States Code, shall not apply with respect to
survivability and lethality tests for the MH 47E and MH 60K helicopter
modification programs. Except as provided in the previous sentence, the
provisions and requirements in section 2366(c) of such title shall apply
with respect to such programs, and the certification required by
subsection (b) shall comply with the requirements in paragraph (3) of
such section.
(b) Extended Period for Waiver.--With respect to the MH 47E and MH
60K helicopter modification programs, the Secretary of Defense may waive
the application of the survivability and lethality tests described in
section 2366(a) of title 10, United States Code, if the Secretary,
before full materiel release of the MH 47E and MH 60K helicopters for
operational use, certifies to Congress that live-fire testing of the
programs would be unreasonably expensive and impracticable.
(c) Conforming Amendment.--Section 142(a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102 484; 106 Stat.
2338) is amended by striking ``and survivability testing'' in paragraphs
(1) and (2).
SEC. 825. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES OF
EQUIPMENT AND PRODUCTS.
(a) Sense of Congress Regarding Purchase by the Department of Defense
of Equipment and Products.--It is the sense of Congress that any entity
of the Department of Defense, in expending funds authorized by this Act
for the purchase of equipment or products, should fully comply with the
Buy American Act (41 U.S.C. 10a et seq.) and section 2533 of title 10,
United States Code.
(b) Debarment of Persons Convicted of Fraudulent Use of ``Made in
America'' Labels.--If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a ``Made in
America'' inscription, or another inscription with the same meaning, to
any product sold in or shipped to the United States that is not made in
the United States, the Secretary shall determine, in accordance with
section 2410f of title 10, United States Code, whether the person should
be debarred from contracting with the Department of Defense.
SEC. 826. REQUIREMENT TO DISREGARD CERTAIN AGREEMENTS IN
AWARDING CONTRACTS FOR THE PURCHASE OF FIREARMS OR AMMUNITION.
In accordance with the requirements contained in the amendments
enacted in the Competition in Contracting Act of 1984 (title VII of
division B of Public Law 98 369; 98 Stat. 1175), the Secretary of
Defense may not, in awarding a contract for the purchase of firearms or
ammunition, take into account whether a manufacturer or vendor of
firearms or ammunition is a party to an agreement under which the
manufacturer or vendor agrees to adopt limitations with respect to
importing, manufacturing, or dealing in firearms or ammunition in the
commercial market.
Subtitle D--Studies and Reports
SEC. 831. STUDY ON IMPACT OF FOREIGN SOURCING OF SYSTEMS ON
LONG-TERM MILITARY READINESS AND RELATED INDUSTRIAL INFRASTRUCTURE.
(a) Study Required.--The Secretary of Defense shall conduct a study
analyzing in detail--
(1) the amount and sources of parts, components, and materials of
the systems described in subsection (b) that are obtained from foreign
sources;
(2) the impact of obtaining such parts, components, and materials
from foreign sources on the long-term readiness of the Armed Forces and
on the economic viability of the national technology and industrial
base;
(3) the impact on military readiness that would result from the loss
of the ability to obtain parts, components, and materials identified
pursuant to paragraph (1) from foreign sources; and
(4) the availability of domestic sources for parts, components, and
materials identified as being obtained from foreign sources pursuant to
paragraph (1).
(b) Systems.--The systems referred to in subsection (a) are the
following:
(1) AH 64D Apache helicopter.
(2) F/A 18 E/F aircraft.
(3) M1A2 Abrams tank.
(4) AIM 120 AMRAAM missile.
(5) Patriot missile ground station.
(6) Hellfire missile.
(c) Source of Information.--The Secretary shall collect information
to be analyzed under the study from prime contractors and first and
second tier subcontractors.
(d) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
describing the results of the study required by this section.
(e) Definitions.--In this section:
(1) The term ``domestic source'' means a person or organization that
falls within the term ``national technology and industrial base'', as
defined in section 2500(1) of title 10, United States Code.
(2) The term ``foreign source'' means a person or organization that
does not fall within the meaning of the term ``national technology and
industrial base'', as defined in such section.
(3) The term ``national technology and industrial base'' has the
meaning given that term in such section.
SEC. 832. STUDY OF POLICIES AND PROCEDURES FOR TRANSFER OF
COMMERCIAL ACTIVITIES.
(a) GAO-Convened Panel.--The Comptroller General shall convene a
panel of experts to study the policies and procedures governing the
transfer of commercial activities for the Federal Government from
Government personnel to a Federal contractor, including--
(1) procedures for determining whether functions should continue to
be performed by Government personnel;
(2) procedures for comparing the costs of performance of functions
by Government personnel and the costs of performance of such functions
by Federal contractors;
(3) implementation by the Department of Defense of the Federal
Activities Inventory Reform Act of 1998 (Public Law 105 270; 31 U.S.C.
501 note); and
(4) procedures of the Department of Defense for public-private
competitions pursuant to the Office of Management and Budget Circular A
76.
(b) Composition of Panel.--(1) The Comptroller General shall appoint
highly qualified and knowledgeable persons to serve on the panel and
shall ensure that the following entities receive fair representation on
the panel:
(A) The Department of Defense.
(B) Persons in private industry.
(C) Federal labor organizations.
(D) The Office of Management and Budget.
(2) For the purposes of the requirement for fair representation under
paragraph (1), persons serving on the panel under subparagraph (C) of
that paragraph shall not be counted as persons serving on the panel
under subparagraph (A), (B), or (D) of that paragraph.
(c) Chairman.--The Comptroller General, or an individual within the
General Accounting Office designated by the Comptroller General, shall
be the chairman of the panel.
(d) Participation by Other Interested Parties.--The chairman shall
ensure that all interested parties, including individuals who are not
represented on the panel who are officers or employees of the United
States, persons in private industry, or representatives of Federal labor
organizations, have the opportunity to submit information and views on
the matters being studied by the panel.
(e) Information From Agencies.--The panel may request directly from
any department or agency of the United States any information that the
panel considers necessary to carry out a meaningful study of the
policies and procedures described in subsection (a), including the
Office of Management and Budget Circular A 76 process. To the extent
consistent with applicable laws and regulations, the head of such
department or agency shall furnish the requested information to the
panel.
(f) Report.--Not later than May 1, 2002, the Comptroller General
shall submit the report of the panel on the results of the study to
Congress, including recommended changes with respect to implementation
of policies and enactment of legislation.
(g) Definition.--In this section, the term ``Federal labor
organization'' has the meaning given the term ``labor organization'' in
section 7103(a)(4) of title 5, United States Code.
SEC. 833. STUDY AND REPORT ON PRACTICE OF CONTRACT BUNDLING IN
MILITARY CONSTRUCTION CONTRACTS.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study regarding the use of the practice known as
``contract bundling'' with respect to military construction contracts.
(b) Report.--Not later than February 1, 2001, the Comptroller General
shall submit to the committees on Armed Services of the Senate and the
House of Representatives a report on the results of the study conducted
under subsection (a).
SEC. 834. REQUIREMENT TO CONDUCT STUDY ON CONTRACT BUNDLING.
(a) In General.--The Secretary of Defense shall conduct a
comprehensive study on the practice known as ``contract bundling'' by
the Department of Defense, and the effects of such practice on small
business concerns, small business concerns owned and controlled by
socially and economically disadvantaged individuals, small business
concerns owned and controlled by women, and historically underutilized
business zones (as such terms are used in the Small Business Act (15
U.S.C. 631 et seq.)).
(b) Deadline.--The Secretary shall submit the results of the study to
the Committees on Armed Services and Small Business of the Senate and
the House of Representatives before submission of the budget request of
the Department of Defense for fiscal year 2002.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SUBTITLE A--DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS
Sec. 901. Overall supervision of Department of Defense activities
for combating terrorism.
Sec. 902. Change of title of certain positions in the
Headquarters, Marine Corps.
Sec. 903. Clarification of scope of Inspector General authorities
under military whistleblower law.
Sec. 904. Policy to ensure conduct of science and technology
programs so as to foster the transition of science and technology to
higher levels of research, development, test, and evaluation.
Sec. 905. Additional components of Chairman of the Joint Chiefs of
staff annual report on combatant command requirements.
SUBTITLE B--DEPARTMENT OF DEFENSE ORGANIZATIONS
Sec. 911. Western Hemisphere Institute for Security Cooperation.
Sec. 912. Department of Defense regional centers for security studies.
Sec. 913. Change in name of Armed Forces Staff College to Joint
Forces Staff College.
Sec. 914. Special authority for administration of Navy Fisher Houses.
Sec. 915. Supervisory control of Armed Forces Retirement Home
board by Secretary of Defense.
Sec. 916. Semiannual report on Joint Requirements Oversight
Council reform initiative.
Sec. 917. Comptroller General review of operations of Defense
Logistics Agency.
Sec. 918. Comptroller General review of operations of Defense
Information Systems Agency.
SUBTITLE C--INFORMATION SECURITY
Sec. 921. Institute for Defense Computer Security and Information
Protection.
Sec. 922. Information security scholarship program.
SUBTITLE D--REPORTS
Sec. 931. Date of submittal of reports on shortfalls in equipment
procurement and military construction for the reserve components in
future-years defense programs.
Sec. 932. Report on number of personnel assigned to legislative
liaison functions.
Sec. 933. Joint report on establishment of national collaborative
information analysis capability.
Sec. 934. Network centric warfare.
Sec. 935. Report on Air Force Institute of Technology.
SUBTITLE E--OTHER MATTERS
Sec. 941. Flexibility in implementation of limitation on major
Department of Defense headquarters activities personnel.
Sec. 942. Consolidation of certain Navy gift funds.
Sec. 943. Temporary authority to dispose of a gift previously
accepted for the Naval Academy.
Subtitle A--Duties and Functions of Department of Defense Officers
SEC. 901. OVERALL SUPERVISION OF DEPARTMENT OF DEFENSE
ACTIVITIES FOR COMBATING TERRORISM.
Section 138(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(6)(A) One of the Assistant Secretaries, as designated by the
Secretary of Defense from among those Assistant Secretaries with
responsibilities that include responsibilities related to combating
terrorism, shall have, among that Assistant Secretary's duties, the duty
to provide overall direction and supervision for policy, program
planning and execution, and allocation and use of resources for the
activities of the Department of Defense for combating terrorism,
including antiterrorism activities, counterterrorism activities,
terrorism consequences management activities, and terrorism-related
intelligence support activities.
``(B) The Assistant Secretary designated under subparagraph (A) shall
be the principal civilian adviser to the Secretary of Defense on
combating terrorism and (after the Secretary and Deputy Secretary) shall
be the principal official within the senior management of the Department
of Defense responsible for combating terrorism.
``(C) If the Secretary of Defense designates under subparagraph (A)
an Assistant Secretary other than the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict, then the responsibilities
of the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict related to combating terrorism shall be exercised
subject to subparagraph (B).''.
SEC. 902. CHANGE OF TITLE OF CERTAIN POSITIONS IN THE
HEADQUARTERS, MARINE CORPS.
(a) Institution of Positions as Deputy Commandants.--Section 5041(b)
of title 10, United States Code, is amended--
(1) by striking paragraphs (3) through (5) and inserting the
following:
``(3) The Deputy Commandants.''; and
(2) by redesignating paragraphs (6) and (7) as paragraphs (4) and
(5), respectively.
(b) Designation of Deputy Commandants.--(1) Section 5045 of such
title is amended to read as follows:
``5045. Deputy Commandants
``There are in the Headquarters, Marine Corps, not more than five
Deputy Commandants, detailed by the Secretary of the Navy from officers
on the active-duty list of the Marine Corps.''.
(2) The item relating to section 5045 in the table of sections at the
beginning of chapter 506 of such title is amended to read as follows:
``5045. Deputy Commandants.''.
(c) Conforming Amendment.--Section 1502(7)(D) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 401) is amended to read as
follows:
``(D) the Deputy Commandant of the Marine Corps with responsibility
for personnel matters.''.
SEC. 903. CLARIFICATION OF SCOPE OF INSPECTOR GENERAL
AUTHORITIES UNDER MILITARY WHISTLEBLOWER LAW.
(a) Clarification of Responsibilities.--Subsection (c)(3)(A) of
section 1034 of title 10, United States Code, is amended by inserting
``, in accordance with regulations prescribed under subsection (h),''
after ``shall expeditiously determine''.
(b) Redefinition of Inspector General.--Subsection (i)(2) of such
section is amended--
(1) by inserting ``any of'' in the matter preceding subparagraph (A)
after ``means'';
(2) by striking subparagraphs (C), (D), (E), (F) and (G); and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Any officer of the armed forces or employee of the Department
of Defense who is assigned or detailed to serve as an Inspector General
at any level in the Department of Defense.''.
SEC. 904. POLICY TO ENSURE CONDUCT OF SCIENCE AND TECHNOLOGY
PROGRAMS SO AS TO FOSTER THE TRANSITION OF SCIENCE AND TECHNOLOGY TO
HIGHER LEVELS OF RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
(a) In General.--(1) Chapter 139 of title 10, United States Code, is
amended by inserting after section 2358 the following new section:
``2359. Science and technology programs to be conducted so as
to foster the transition of science and technology to higher levels of
research, development, test, and evaluation
``(a) Policy.--Each official specified in subsection (b) shall ensure
that the management and conduct of the science and technology programs
under the authority of that official are carried out in a manner that
will foster the transition of science and technology to higher levels of
research, development, test, and evaluation.
``(b) Covered Officials.--Subsection (a) applies to the following
officials of the Department of Defense:
``(1) The Under Secretary of Defense for Acquisition, Technology,
and Logistics.
``(2) The Secretary of each military department.
``(3) The Director of the Defense Advanced Research Projects Agency.
``(4) The directors and heads of other offices and agencies of the
Department of Defense with assigned research, development, test, and
evaluation responsibilities.''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 2358 the following new
item:
``2359. Science and technology programs to be conducted so as to
foster the transition of science and technology to higher levels of
research, development, test, and evaluation.''.
(b) Office of Naval Research.--Section 5022(b) of title 10, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the execution of, and management responsibility for, programs
for which funds are provided in the basic and applied research and
advanced technology categories of the Department of the Navy research,
development, test, and evaluation budget in such a manner that will
foster the transition of science and technology to higher levels of
research, development, test and evaluation.''.
SEC. 905. ADDITIONAL COMPONENTS OF CHAIRMAN OF THE JOINT
CHIEFS OF STAFF ANNUAL REPORT ON COMBATANT COMMAND REQUIREMENTS.
(a) Additional Components.--Section 153(d)(1) of title 10, United
States Code, is amended by adding at the end the following new
subparagraphs:
``(C) A description of the extent to which the most recent
future-years defense program (under section 221 of this title) addresses
the requirements on the consolidated lists.
``(D) A description of the funding proposed in the President's
budget for the next fiscal year, and for the subsequent fiscal years
covered by the most recent future-years defense program, to address each
deficiency in readiness identified during the joint readiness review
conducted under section 117 of this title for the first quarter of the
current fiscal year.''.
(b) Time for Submission.--Such section is further amended by striking
``Not later than August 15 of each year,'' and inserting ``At or about
the time that the budget is submitted to Congress for a fiscal year
under section 1105(a) of title 31,''.
Subtitle B--Department of Defense Organizations
SEC. 911. WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
(a) In General.--Chapter 108 of title 10, United States Code, is
amended by adding at the end the following new section:
``2166. Western Hemisphere Institute for Security Cooperation
``(a) Establishment and Administration.--(1) The Secretary of Defense
may operate an education and training facility for the purpose set forth
in subsection (b). The facility shall be known as the `Western
Hemisphere Institute for Security Cooperation'.
``(2) The Secretary may designate the Secretary of a military
department as the Department of Defense executive agent for carrying out
the responsibilities of the Secretary of Defense under this section.
``(b) Purpose.--The purpose of the Institute is to provide
professional education and training to eligible personnel of nations of
the Western Hemisphere within the context of the democratic principles
set forth in the Charter of the Organization of American States (such
charter being a treaty to which the United States is a party), while
fostering mutual knowledge, transparency, confidence, and cooperation
among the participating nations and promoting democratic values, respect
for human rights, and knowledge and understanding of United States
customs and traditions.
``(c) Eligible Personnel.--(1) Subject to paragraph (2), personnel of
nations of the Western Hemisphere are eligible for education and
training at the Institute as follows:
``(A) Military personnel.
``(B) Law enforcement personnel.
``(C) Civilian personnel.
``(2) The Secretary of State shall be consulted in the selection of
foreign personnel for education or training at the Institute.
``(d) Curriculum.--(1) The curriculum of the Institute shall include
mandatory instruction for each student, for at least 8 hours, on human
rights, the rule of law, due process, civilian control of the military,
and the role of the military in a democratic society.
``(2) The curriculum may include instruction and other educational
and training activities on the following:
``(A) Leadership development.
``(B) Counterdrug operations.
``(C) Peace support operations.
``(D) Disaster relief.
``(E) Any other matter that the Secretary determines appropriate.
``(e) Board of Visitors.--(1) There shall be a Board of Visitors for
the Institute. The Board shall be composed of the following:
``(A) The chairman and ranking minority member of the Committee on
Armed Services of the Senate, or a designee of either of them.
``(B) The chairman and ranking minority member of the Committee on
Armed Services of the House of Representatives, or a designee of either
of them.
``(C) Six persons designated by the Secretary of Defense including,
to the extent practicable, persons from academia and the religious and
human rights communities.
``(D) One person designated by the Secretary of State.
``(E) The senior military officer responsible for training and
doctrine for the Army or, if the Secretary of the Navy or the Secretary
of the Air Force is designated as the executive agent of the Secretary
of Defense under subsection (a)(2), the senior military officer
responsible for training and doctrine for the Navy or Marine Corps or
for the Air Force, respectively, or a designee of the senior military
officer concerned.
``(F) The commander of the unified combatant command having
geographic responsibility for Latin America, or a designee of that
officer.
``(2) A vacancy in a position on the Board shall be filled in the
same manner as the position was originally filled.
``(3) The Board shall meet at least once each year.
``(4)(A) The Board shall inquire into the curriculum, instruction,
physical equipment, fiscal affairs, and academic methods of the
Institute, other matters relating to the Institute that the Board
decides to consider, and any other matter that the Secretary of Defense
determines appropriate.
``(B) The Board shall review the curriculum of the Institute to
determine whether--
``(i) the curriculum complies with applicable United States laws and
regulations;
``(ii) the curriculum is consistent with United States policy goals
toward Latin America and the Caribbean;
``(iii) the curriculum adheres to current United States doctrine; and
``(iv) the instruction under the curriculum appropriately emphasizes
the matters specified in subsection (d)(1).
``(5) Not later than 60 days after its annual meeting, the Board
shall submit to the Secretary of Defense a written report of its
activities and of its views and recommendations pertaining to the
Institute.
``(6) Members of the Board shall not be compensated by reason of
service on the Board.
``(7) With the approval of the Secretary of Defense, the Board may
accept and use the services of voluntary and uncompensated advisers
appropriate to the duties of the Board without regard to section 1342 of
title 31.
``(8) Members of the Board and advisers whose services are accepted
under paragraph (7) shall be allowed travel and transportation expenses,
including per diem in lieu of subsistence, while away from their homes
or regular places of business in the performance of services for the
Board. Allowances under this paragraph shall be computed--
``(A) in the case of members of the Board who are officers or
employees of the United States, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5; and
``(B) in the case of other members of the Board and advisers, as
authorized under section 5703 of title 5 for employees serving without
pay.
``(9) The Federal Advisory Committee Act (5 U.S.C. App. 2), other
than section 14 (relating to termination after two years), shall apply
to the Board.
``(f) Fixed Costs.--The fixed costs of operating and maintaining the
Institute for a fiscal year may be paid from--
``(1) any funds available for that fiscal year for operation and
maintenance for the executive agent designated under subsection (a)(2);
or
``(2) if no executive agent is designated under subsection (a)(2),
any funds available for that fiscal year for the Department of Defense
for operation and maintenance for Defense-wide activities.
``(g) Tuition.--Tuition fees charged for persons who attend the
Institute may not include the fixed costs of operating and maintaining
the Institute.
``(h) Annual Report.--Not later than March 15 of each year, the
Secretary of Defense shall submit to Congress a detailed report on the
activities of the Institute during the preceding year. The report shall
be prepared in consultation with the Secretary of State.''.
(b) Repeal of Authority for United States Army School of the
Americas.--Section 4415 of title 10, United States Code, is repealed.
(c) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 108 of title 10, United States Code, is amended by inserting
after the item relating to section 2165 the following new item:
``2166. Western Hemisphere Institute for Security Cooperation.''.
(2) The table of sections at the beginning of chapter 407 of such
title is amended by striking the item relating to section 4415.
SEC. 912. DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.
(a) Requirement for Annual Report.--(1) Chapter 7 of title 10, United
States Code, is amended by adding at the end the following new section:
``184. Department of Defense regional centers for security studies
``(a) Advance Notification to Congress of the Establishment of New
Regional Centers.--After the date of the enactment of this section, a
regional center for security studies may not be established in the
Department of Defense until--
``(1) the Secretary of Defense submits to Congress a notification of
the intent of the Secretary to establish the center, including a
description of the mission and functions of the proposed center and a
justification for the proposed center; and
``(2) a period of 90 days has elapsed after the date on which that
notification is submitted.
``(b) Requirement for Annual Report.--Not later than February 1 of
each year, the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report on the operation of the Department of
Defense regional centers for security studies during the preceding
fiscal year. The annual report shall include, for each regional center,
the following information:
``(1) The status and objectives of the center.
``(2) The budget of the center, including the costs of operating the
center.
``(3) A description of the extent of the international participation
in the programs of the center, including the costs incurred by the
United States for the participation of each foreign nation.
``(4) A description of the foreign gifts and donations, if any,
accepted under any of the following provisions of law:
``(A) Section 2611 of this title.
``(B) Section 1306 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103 337; 108 Stat. 2892).
``(C) Section 1065 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2653; 10 U.S.C. 113
note).
``(c) Regional Center for Security Studies Defined.--For the purposes
of this section, a regional center for security studies is any center
within the Department of Defense that--
``(1) is operated, and designated as such, by the Secretary of
Defense for the study of security issues relating to a specified
geographic region of the world; and
``(2) serves as a forum for bilateral and multilateral communication
and military and civilian exchanges with nations in that region.''.
(2) The table of sections at the beginning of chapter 7 of such title
is amended by adding at the end the following new item:
``184. Department of Defense regional centers for security studies.''.
(b) First Annual Report.--In the first annual report on Department of
Defense regional centers for security studies under section 184(b) of
title 10, United States Code (as added by subsection (a)), to be
submitted not later than February 1, 2001, the Secretary of Defense
shall include any recommendation for legislation that the Secretary
considers appropriate for the operation of Department of Defense
regional centers for security studies, together with a detailed
justification for the recommended legislation.
SEC. 913. CHANGE IN NAME OF ARMED FORCES STAFF COLLEGE TO
JOINT FORCES STAFF COLLEGE.
(a) Change in Name.--The Armed Forces Staff College of the Department
of Defense is hereby renamed the ``Joint Forces Staff College''.
(b) Conforming Amendment.--Section 2165(b)(3) of title 10, United
States Code, is amended by striking ``Armed Forces Staff College'' and
inserting ``Joint Forces Staff College''.
(c) References.--Any reference to the Armed Forces Staff College in
any law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Joint Forces Staff
College.
SEC. 914. SPECIAL AUTHORITY FOR ADMINISTRATION OF NAVY FISHER HOUSES.
(a) Base Operating Support.--Section 2493 of title 10, United States
Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection
(f):
``(f) Special Authority for Navy.--The Secretary of the Navy shall
provide base operating support for Fisher Houses associated with health
care facilities of the Navy. The level of the support shall be
equivalent to the base operating support that the Secretary provides for
morale, welfare, and recreation category B community activities (as
defined in regulations, prescribed by the Secretary, that govern morale,
welfare, and recreation activities associated with Navy
installations).''.
(b) Savings Provisions for Certain Navy Employees.--(1) The Secretary
of the Navy may continue to employ, and pay out of appropriated funds,
any employee of the Navy in the competitive service who, as of October
17, 1998, was employed by the Navy in a position at a Fisher House
administered by the Navy, but only for so long as the employee is
continuously employed in that position.
(2) After a person vacates a position in which the person was
continued to be employed under the authority of paragraph (1), a person
employed in that position shall be employed as an employee of a
nonappropriated fund instrumentality of the United States and may not be
paid for services in that position out of appropriated funds.
(3) In this subsection:
(A) The term ``Fisher House'' has the meaning given the term in
section 2493(a)(1) of title 10, United States Code.
(B) The term ``competitive service'' has the meaning given the term
in section 2102 of title 5, United States Code.
(c) Effective Date.--(1) The amendments made by subsection (a) shall
be effective as of October 17, 1998, as if included in section 2493 of
title 10, United States Code, as enacted by section 906(a) of Public Law
105 261.
(2) Subsection (b) applies with respect to the pay period that
includes October 17, 1998, and subsequent pay periods.
SEC. 915. SUPERVISORY CONTROL OF ARMED FORCES RETIREMENT HOME
BOARD BY SECRETARY OF DEFENSE.
The Armed Forces Retirement Home Act of 1991 (title XV of Public Law
101 510; 24 U.S.C. 401 et seq.) is amended by inserting after section
1523 the following new section:
``SEC. 1524. CONDITIONAL SUPERVISORY CONTROL OF RETIREMENT
HOME BOARD BY SECRETARY OF DEFENSE.
``(a) Applicability.--This section shall apply only when the
deduction authorized by section 1007(i)(1) of title 37, United States
Code, to be made from the monthly pay of certain members of the armed
forces is equal to $1.00 for each enlisted member, warrant officer, and
limited duty officer of the armed forces on active duty.
``(b) Board Authority Subject to Secretary's Control.--The Retirement
Home Board shall be subject to the authority, direction, and control of
the Secretary of Defense in the performance of the Board's duties under
section 1516.
``(c) Appointment of Board Members.--When an appointment of a member
of the Retirement Home Board under section 1515 is not made by the
Secretary of Defense, the appointment shall be subject to the approval
of the Secretary of Defense.
``(d) Terms of Board Members.--(1) Notwithstanding section
1515(e)(3), only the Secretary of Defense may appoint a member of the
Retirement Home Board for a second consecutive term.
``(2) The Secretary of Defense may terminate the appointment of a
member of the Retirement Home Board at the pleasure of the Secretary.
``(e) Responsibility of Chairman to the Secretary.--Notwithstanding
section 1515(d)(1)(B), the chairman of the Retirement Home Board shall
be responsible to the Secretary of Defense, but not to the Secretaries
of the military departments, for direction and management of the
Retirement Home or each facility maintained as a separate facility of
the Retirement Home.''.
SEC. 916. SEMIANNUAL REPORT ON JOINT REQUIREMENTS OVERSIGHT
COUNCIL REFORM INITIATIVE.
(a) Semiannual Report.--The Chairman of the Joints Chiefs of Staff
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a series of
five semiannual reports, as prescribed by subsection (b), on the
activities of the Joint Requirements Oversight Council. The principal
focus of each such report shall be on the progress made on the
initiative of the Chairman to reform and refocus the Joint Requirements
Oversight Council.
(b) Submission of Reports.--Reports under this section shall be
submitted not later than March 1, 2001, September 1, 2001, March 1,
2002, September 1, 2002, and March 1, 2003. Each report shall cover the
half of a fiscal year that ends five months before the date on which the
report is due.
(c) Content.--In the case of any report under this section after the
first such report, if any matter to be included is unchanged from the
preceding report, that matter may be included by reference to the
preceding report. Each such report shall include, to the extent
practicable, the following:
(1) A listing of each of the capability areas designated by the
Chairman of the Joints Chiefs of Staff as being within the principal
domain of the Joint Requirements Oversight Council and a justification
for each such designation.
(2) A listing of the joint requirements developed, considered, or
approved within each of the capability areas listed pursuant to
paragraph (1).
(3) A listing and explanation of the decisions made by the Joint
Requirements Oversight Council and, to the extent appropriate, a listing
of each of the recommendations to the Council made by the commander of
the United States Joint Forces Command.
(4) An assessment of--
(A) the progress made in shifting the Joint Requirements Oversight
Council to having a more strategic focus on future war fighting
requirements;
(B) the progress made on integration of requirements; and
(C) the progress made on development of overarching common
architectures for defense information systems to ensure that common
defense information systems are fully interoperable.
(5) A description of any actions that have been taken to improve the
Joint Requirements Oversight Council.
SEC. 917. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE
LOGISTICS AGENCY.
(a) Comptroller General Review Required.--The Comptroller General
shall review the operations of the Defense Logistics Agency--
(1) to assess--
(A) the efficiency of those operations;
(B) the effectiveness of those operations in meeting customer
requirements; and
(C) the flexibility of those operation to adopt best business
practices; and
(2) to identify alternative approaches for improving the operations
of that agency.
(b) Report.--Not later than February 1, 2002, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives one or more reports setting forth the
Comptroller General's findings resulting from the review under
subsection (a).
SEC. 918. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE
INFORMATION SYSTEMS AGENCY.
(a) Comptroller General Review Required.--The Comptroller General
shall review the operations of the Defense Information Systems Agency--
(1) to assess--
(A) the efficiency of those operations;
(B) the effectiveness of those operations in meeting customer
requirements; and
(C) the flexibility of those operations to adopt best business
practices; and
(2) to identify alternative approaches for improving the operations
of that agency.
(b) Report.--Not later than February 1, 2002, the Comptroller General
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives one or more reports setting forth the
Comptroller General's findings resulting from the review under
subsection (a).
Subtitle C--Information Security
SEC. 921. INSTITUTE FOR DEFENSE COMPUTER SECURITY AND
INFORMATION PROTECTION.
(a) Establishment.--The Secretary of Defense shall establish an
Institute for Defense Computer Security and Information Protection.
(b) Mission.--The Secretary shall require the institute--
(1) to conduct research and technology development that is relevant
to foreseeable computer and network security requirements and
information assurance requirements of the Department of Defense with a
principal focus on areas not being carried out by other organizations in
the private or public sector; and
(2) to facilitate the exchange of information regarding
cyberthreats, technology, tools, and other relevant issues.
(c) Contractor Operation.--The Secretary shall enter into a contract
with a not-for-profit entity, or a consortium of not-for-profit
entities, to organize and operate the institute. The Secretary shall use
competitive procedures for the selection of the contractor to the extent
determined necessary by the Secretary.
(d) Funding.--Of the amount authorized to be appropriated by section
301(5), $5,000,000 shall be available for the Institute for Defense
Computer Security and Information Protection.
(e) Report.--Not later than April 1, 2001, the Secretary shall submit
to the congressional defense committees the Secretary's plan for
implementing this section.
SEC. 922. INFORMATION SECURITY SCHOLARSHIP PROGRAM.
(a) Establishment of Program.--(1) Part III of subtitle A of title
10, United States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 112--INFORMATION SECURITY SCHOLARSHIP PROGRAM
``Sec.
``2200. Programs; purpose.
``2200a. Scholarship program.
``2200b. Grant program.
``2200c. Centers of Academic Excellence in Information Assurance
Education.
``2200d. Regulations.
``2200e. Definitions.
``2200f. Inapplicability to Coast Guard.
``2200. Programs; purpose
``(a) In General.--To encourage the recruitment and retention of
Department of Defense personnel who have the computer and network
security skills necessary to meet Department of Defense information
assurance requirements, the Secretary of Defense may carry out programs
in accordance with this chapter to provide financial support for
education in disciplines relevant to those requirements at institutions
of higher education.
``(b) Types of Programs.--The programs authorized under this chapter
are as follows:
``(1) Scholarships for pursuit of programs of education in
information assurance at institutions of higher education.
``(2) Grants to institutions of higher education.
``2200a. Scholarship program
``(a) Authority.--The Secretary of Defense may, subject to subsection
(g), provide financial assistance in accordance with this section to a
person--
``(1) who is pursuing an associate, baccalaureate, or advanced
degree, or a certification, in an information assurance discipline
referred to in section 2200(a) of this title at an institution of higher
education; and
``(2) who enters into an agreement with the Secretary as described
in subsection (b).
``(b) Service Agreement for Scholarship Recipients.--(1) To receive
financial assistance under this section--
``(A) a member of the armed forces shall enter into an agreement to
serve on active duty in the member's armed force for the period of
obligated service determined under paragraph (2);
``(B) an employee of the Department of Defense shall enter into an
agreement to continue in the employment of the department for the period
of obligated service determined under paragraph (2); and
``(C) a person not referred to in subparagraph (A) or (B) shall
enter into an agreement--
``(i) to enlist or accept a commission in one of the armed forces
and to serve on active duty in that armed force for the period of
obligated service determined under paragraph (2); or
``(ii) to accept and continue employment in the Department of
Defense for the period of obligated service determined under paragraph
(2).
``(2) For the purposes of this subsection, the period of obligated
service for a recipient of financial assistance under this section shall
be the period determined by the Secretary of Defense as being
appropriate to obtain adequate service in exchange for the financial
assistance and otherwise to achieve the goals set forth in section
2200(a) of this title. In no event may the period of service required of
a recipient be less than the period equal to three-fourths of the total
period of pursuit of a degree for which the Secretary agrees to provide
the recipient with financial assistance under this section. The period
of obligated service is in addition to any other period for which the
recipient is obligated to serve on active duty or in the civil service,
as the case may be.
``(3) An agreement entered into under this section by a person
pursuing an academic degree shall include terms that provide the
following:
``(A) That the period of obligated service begins on a date after
the award of the degree that is determined under the regulations
prescribed under section 2200d of this title.
``(B) That the person will maintain satisfactory academic progress,
as determined in accordance with those regulations, and that failure to
maintain such progress constitutes grounds for termination of the
financial assistance for the person under this section.
``(C) Any other terms and conditions that the Secretary of Defense
determines appropriate for carrying out this section.
``(c) Amount of Assistance.--The amount of the financial assistance
provided for a person under this section shall be the amount determined
by the Secretary of Defense as being necessary to pay all educational
expenses incurred by that person, including tuition, fees, cost of
books, laboratory expenses, and expenses of room and board. The expenses
paid, however, shall be limited to those educational expenses normally
incurred by students at the institution of higher education involved.
``(d) Use of Assistance for Support of Internships.--The financial
assistance for a person under this section may also be provided to
support internship activities of the person at the Department of Defense
in periods between the academic years leading to the degree for which
assistance is provided the person under this section.
``(e) Refund for Period of Unserved Obligated Service.--(1) A person
who voluntarily terminates service before the end of the period of
obligated service required under an agreement entered into under
subsection (b) shall refund to the United States an amount determined by
the Secretary of Defense as being appropriate to obtain adequate service
in exchange for financial assistance and otherwise to achieve the goals
set forth in section 2200(a) of this title.
``(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
``(3) The Secretary of Defense may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
``(f) Effect of Discharge in Bankruptcy.--A discharge in bankruptcy
under title 11 that is entered less than five years after the
termination of an agreement under this section does not discharge the
person signing such agreement from a debt arising under such agreement
or under subsection (e).
``(g) Allocation of Funding.--Not less than 50 percent of the amount
available for financial assistance under this section for a fiscal year
shall be available only for providing financial assistance for the
pursuit of degrees referred to in subsection (a) at institutions of
higher education that have established, improved, or are administering
programs of education in information assurance under the grant program
established in section 2200b of this title, as determined by the
Secretary of Defense.
``2200b. Grant program
``(a) Authority.--The Secretary of Defense may provide grants of
financial assistance to institutions of higher education to support the
establishment, improvement, or administration of programs of education
in information assurance disciplines referred to in section 2200(a) of
this title.
``(b) Purposes.--The proceeds of grants under this section may be
used by an institution of higher education for the following purposes:
``(1) Faculty development.
``(2) Curriculum development.
``(3) Laboratory improvements.
``(4) Faculty research in information security.
``2200c. Centers of Academic Excellence in Information
Assurance Education
``In the selection of a recipient for the award of a scholarship or
grant under this chapter, consideration shall be given to whether--
``(1) in the case of a scholarship, the institution at which the
recipient pursues a degree is a Center of Academic Excellence in
Information Assurance Education; and
``(2) in the case of a grant, the recipient is a Center of Academic
Excellence in Information Assurance Education.
``2200d. Regulations
``The Secretary of Defense shall prescribe regulations for the
administration of this chapter.
``2200e. Definitions
``In this chapter:
``(1) The term `information assurance' includes the following:
``(A) Computer security.
``(B) Network security.
``(C) Any other information technology that the Secretary of Defense
considers related to information assurance.
``(2) The term `institution of higher education' has the meaning
given the term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) The term `Center of Academic Excellence in Information
Assurance Education' means an institution of higher education that is
designated by the Director of the National Security Agency as a Center
of Academic Excellence in Information Assurance Education.
``2200f. Inapplicability to Coast Guard
``This chapter does not apply to the Coast Guard when it is not
operating as a service in the Navy.''.
(2) The tables of chapters at the beginning of subtitle A of title
10, United States Code, and the beginning of part III of such subtitle
are amended by inserting after the item relating to chapter 111 the
following new item:
``112. Information Security Scholarship Program
2200''.
(b) Funding.--Of the amount authorized to be appropriated by section
301(5), $15,000,000 shall be available for carrying out chapter 112 of
title 10, United States Code (as added by subsection (a)).
(c) Report.--Not later than April 1, 2001, the Secretary of Defense
shall submit to the congressional defense committees a plan for
implementing the programs under chapter 112 of title 10, United States
Code.
Subtitle D--Reports
SEC. 931. DATE OF SUBMITTAL OF REPORTS ON SHORTFALLS IN
EQUIPMENT PROCUREMENT AND MILITARY CONSTRUCTION FOR THE RESERVE
COMPONENTS IN FUTURE-YEARS DEFENSE PROGRAMS.
Section 10543(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) A report required under paragraph (1) for a fiscal year shall
be submitted not later than 15 days after the date on which the
President submits to Congress the budget for such fiscal year under
section 1105(a) of title 31.''.
SEC. 932. REPORT ON NUMBER OF PERSONNEL ASSIGNED TO
LEGISLATIVE LIAISON FUNCTIONS.
(a) Report.--Not later than December 1, 2000, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report setting forth the number of personnel of the Department of
Defense performing legislative liaison functions as of April 1, 2000.
(b) Matters To Be Included.--The report shall include the following:
(1) The number of military and civilian personnel of the Department
of Defense assigned to full-time legislative liaison functions, shown by
organizational entity and by pay grade.
(2) The number of military and civilian personnel of the Department
not covered by paragraph (1) (other than personnel described in
subsection (e)) who perform legislative liaison functions as part of
their assigned duties, shown by organizational entity and by pay grade.
(c) Legislative Liaison Functions.--For purposes of this section, a
legislative liaison function is a function (regardless of how
characterized within the Department of Defense) that has been
established or designated to principally provide advice, information,
and assistance to the legislative branch on Department of Defense
policies, plans, and programs.
(d) Organizational Entities.--The display of information under
subsection (b) by organizational entity shall be for the Department of
Defense and for each military department as a whole and separately for
each organization at the level of major command or Defense Agency or
higher.
(e) Personnel Not Covered.--Subsection (b)(2) does not apply to
civilian officers appointed by the President, by and with the advice and
consent of the Senate, or to general or flag officers.
SEC. 933. JOINT REPORT ON ESTABLISHMENT OF NATIONAL
COLLABORATIVE INFORMATION ANALYSIS CAPABILITY.
(a) Report.--Not later than March 1, 2000, the Secretary of Defense
and the Director of Central Intelligence shall submit to the
congressional defense committees and the congressional intelligence
committees a joint report assessing alternatives for the establishment
of a national collaborative information analysis capability. The report
shall include the following:
(1) An assessment of alternative architectures to establish a
national collaborative information analysis capability to conduct data
mining and profiling of information from a wide array of electronic data
sources.
(2) Identification, from among the various architectures assessed
under paragraph (1), of the preferred architecture and a detailed
description of that architecture and of a program to acquire and
implement the capability that would be provided through that
architecture.
(3) A detailed explanation of how the personal information resulting
from the data mining and profiling capability developed under the
preferred architecture will be employed consistent with the requirements
of section 552a of title 5, United States Code
(b) Completion and Use of Army Land Information Warfare
Activity.--The Secretary of Defense--
(1) shall ensure that the data mining, profiling, and analysis
capability of the Army's Land Information Warfare Activity is completed
and is fully operational as soon as possible; and
(2) shall make appropriate use of that capability to provide support
to all appropriate national defense components.
SEC. 934. NETWORK CENTRIC WARFARE.
(a) Findings.--Congress makes the following findings:
(1) Joint Vision 2020 set the goal for the Department of Defense to
pursue information superiority in order that joint forces may possess
superior knowledge and attain decision superiority during operations
across the spectrum of conflict.
(2) One concept being pursued to attain information superiority is
known as Network Centric Warfare. The concept of Network Centric Warfare
links sensors, communications systems and weapons systems in an
interconnected grid that allows for a seamless information flow to
warfighters, policy makers, and support personnel.
(3) The Joint Staff, the Defense Agencies, and the military
departments are all pursuing various concepts related to Network Centric
Warfare.
(b) Goal.--It shall be the goal of Department of Defense to fully
coordinate various efforts being pursued by the Joint Staff, the Defense
Agencies, and the military departments as they develop the concept of
Network Centric Warfare.
(c) Report on Network Centric Warfare.--(1) The Secretary of Defense
shall submit to the congressional defense committees a report on the
development and implementation of network centric warfare concepts
within the Department of Defense. The report shall be prepared in
consultation with the Chairman of the Joint Chiefs of Staff.
(2) The report shall include the following:
(A) A clear definition and terminology to describe the set of
operational concepts referred to as ``network centric warfare''.
(B) An identification and description of the current and planned
activities by the Office of the Secretary of Defense, the Joint Chiefs
of Staff, and the United States Joint Forces Command relating to network
centric warfare.
(C) A discussion of how the concept of network centric warfare is
related to the strategy of transformation as outlined in the document
entitled ``Joint Vision 2020'', along with the advantages and
disadvantages of pursing that concept.
(D) A discussion on how the Department is implementing the concepts
of network centric warfare as it relates to information superiority and
decision superiority articulated in ``Joint Vision 2020.''
(E) An identification and description of the current and planned
activities of each of the Armed Forces relating to network centric
warfare.
(F) A discussion on how the Department plans to attain a fully
integrated, joint command, control, communications, computers,
intelligence, surveillance, and reconnaissance (C 4ISR) capability.
(G) A description of the joint requirements under development that
will lead to the acquisition of technologies for enabling network
centric warfare and whether those joint requirements are modifying
existing service requirements and vision statements.
(H) A discussion of how Department of Defense activities to
establish a joint network centric capability are coordinated with other
departments and agencies of the United States and with United States
allies.
(I) A discussion of the coordination of the science and technology
investments of the military departments and Defense Agencies in the
development of future joint network centric warfare capabilities.
(J) The methodology being used to measure progress toward stated
goals.
(d) Study on the Use of Joint Experimentation for Developing Network
Centric Warfare Concepts.--(1) The Secretary of Defense shall conduct a
study on the present and future use of the joint experimentation program
of the Department of Defense in the development of network centric
warfare concepts.
(2) The Secretary shall submit to the congressional defense
committees a report on the results of the study. The report shall
include the following:
(A) A survey of and description of how experimentation under the
joint experimentation at United States Joint Forces Command is being
used for evaluating emerging concepts in network centric warfare.
(B) A survey of and description of how experimentation under the
joint experimentation of each of the armed services are being used for
evaluating emerging concepts in network centric warfare.
(C) A description of any emerging concepts and recommendations
developed by those experiments, with special emphasis on force structure
implications.
(3) The Secretary of Defense, acting through the Chairman of the
Joint Chief of Staff, shall designate the Commander in Chief of the
United States Joint Forces Command to carry out the study and prepare
the report required under this subsection.
(e) Time for Submission of Reports.--Each report required under this
section shall be submitted not later than March 1, 2001.
SEC. 935. REPORT ON AIR FORCE INSTITUTE OF TECHNOLOGY.
(a) Report Required.--Not later than September 30, 2001, the
Secretary of the Air Force shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the roles and missions, organizational
structure, funding, and operations of the Air Force Institute of
Technology as projected through 2010.
(b) Matters To Be Included.--The report shall provide--
(1) a statement of the Institute's roles and missions through 2010
in meeting the critical scientific and educational requirements of the
Air Force;
(2) a statement of the strategic priorities for the Institute in
meeting long-term core science and technology educational needs of the
Air Force; and
(3) a plan for the near-term increase in the production by the
Institute of masters and doctoral degree graduates.
(c) Recommendations To Be Provided.--Based on the matters determined
for purposes of subsection (b), the report shall include recommendations
of the Secretary of the Air Force with respect to the following:
(1) The grade of the Commandant of the Institute.
(2) The chain of command of the Commandant within the Air Force.
(3) The employment and compensation of civilian professors at the
Institute.
(4) The processes for the identification of requirements for
personnel with advanced degrees within the Air Force and identification
and selection of candidates for annual enrollment at the Institute.
(5) Postgraduation opportunities within the Air Force for graduates
of the Institute.
(6) The policies and practices regarding the admission to the
Institute of--
(A) officers of the Army, Navy, Marine Corps, and Coast Guard;
(B) employees of the Department of the Army, Department of the Navy,
and Department of Transportation;
(C) personnel of the military forces of foreign countries;
(D) enlisted members of the Armed Forces; and
(E) other persons eligible for admission.
(7) Near- and long-term funding of the institute.
(8) Opportunities for cooperation, collaboration, and joint
endeavors with other military and civilian scientific and technical
educational institutions for the production of qualified personnel to
meet Department of Defense scientific and technical requirements.
(d) Consultation.--The report shall be prepared in consultation with
the Chief of Staff of the Air Force and the Commander of the Air Force
Materiel Command.
Subtitle E--Other Matters
SEC. 941. FLEXIBILITY IN IMPLEMENTATION OF LIMITATION ON MAJOR
DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL.
Section 130a of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(g) Flexibility.--(1) If during fiscal year 2001 or fiscal year
2002 the Secretary of Defense determines, and certifies to Congress,
that the limitation under subsection (a), or a limitation under
subsection (b), would adversely affect United States national security,
the Secretary may take any of the following actions:
``(A) Increase the percentage specified in subsection (b)(1) by such
amount as the Secretary determines necessary or waive the limitation
under that subsection.
``(B) Increase the percentage specified in subsection (b)(2) by such
amount as the Secretary determines necessary, not to exceed a cumulative
increase of 7.5 percentage points.
``(C) Increase the percentage specified in subsection (a) by such
amount as the Secretary determines necessary, not to exceed a cumulative
increase of 7.5 percentage points.
``(2) Any certification under paragraph (1) shall include notice of
the specific waiver or increases made pursuant to the authority provided
in that paragraph.''.
SEC. 942. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.
(a) Merger of Naval Historical Center Fund Into Department of the
Navy General Gift Fund.--(1) The Secretary of the Navy shall transfer
all amounts in the Naval Historical Center Fund maintained under section
7222 of title 10, United States Code, to the Department of the Navy
General Gift Fund maintained under section 2601 of such title. Upon
completing the transfer, the Secretary shall close the Naval Historical
Center Fund.
(2) Amounts transferred to the Department of the Navy General Gift
Fund under this subsection shall be merged with other amounts in that
Fund and shall be available for the purposes for which amounts in that
Fund are available.
(b) Consolidation of Naval Academy General Gift Fund and Naval
Academy Museum Fund.--(1) The Secretary of the Navy shall transfer all
amounts in the United States Naval Academy Museum Fund established by
section 6974 of title 10, United States Code, to the gift fund
maintained for the benefit and use of the United States Naval Academy
under section 6973 of such title. Upon completing the transfer, the
Secretary shall close the United States Naval Academy Museum Fund.
(2) Amounts transferred under this subsection shall be merged with
other amounts in the gift fund to which transferred and shall be
available for the purposes for which amounts in that gift fund are
available.
(c) Consolidation and Revision of Authorities for Acceptance of
Gifts, Bequests, and Loans for the United States Naval Academy.--(1)
Subsection (a) of section 6973 of title 10, United States Code, is
amended--
(A) in the first sentence--
(i) by striking ``gifts and bequests of personal property'' and
inserting ``any gift or bequest of personal property, and may accept,
hold, and administer any loan of personal property other than money,
that is''; and
(ii) by inserting ``or the Naval Academy Museum, its collection, or
its services'' before the period at the end;
(B) in the second sentence, by striking ```United States Naval
Academy general gift fund''' and inserting ```United States Naval
Academy Gift and Museum Fund'''; and
(C) in the third sentence, by inserting ``(including the Naval
Academy Museum)'' after ``the Naval Academy''.
(2) Such section is further amended--
(A) by redesignating subsections (b) and (c) as subsections (c) and
(d), respectively; and
(B) by inserting after subsection (a) the following new subsection
(b):
``(b) The Secretary shall prescribe written guidelines to be used for
determinations of whether the acceptance of money, any personal
property, or any loan of personal property under subsection (a) would
reflect unfavorably on the ability of the Department of the Navy or any
officer or employee of the Department of the Navy to carry out
responsibilities or duties in a fair and objective manner, or would
compromise either the integrity or the appearance of the integrity of
any program of the Department of the Navy or any officer or employee of
the Department of the Navy who is involved in any such program.''.
(3) Subsection (d) of such section, as redesignated by paragraph
(2)(A), is amended by striking ``United States Naval Academy general
gift fund'' both places it appears and inserting ``United States Naval
Academy Gift and Museum Fund''.
(4) The heading for such section is amended to read as follows:
``6973. Gifts, bequests, and loans of property: acceptance for
benefit and use of Naval Academy''.
(d) References to Closed Gift Funds.--(1) Section 6974 of title 10,
United States Code, is amended to read as follows:
``6974. United States Naval Academy Museum Fund: references to Fund
``Any reference in a law, regulation, document, paper, or other
record of the United States to the United States Naval Academy Museum
Fund formerly maintained under this section shall be deemed to refer to
the United States Naval Academy Gift and Museum Fund maintained under
section 6973 of this title.''.
(2) Section 7222 of such title is amended to read as follows:
``7222. Naval Historical Center Fund: references to Fund
``Any reference in a law, regulation, document, paper, or other
record of the United States to the Naval Historical Center Fund formerly
maintained under this section shall be deemed to refer to the Department
of the Navy General Gift Fund maintained under section 2601 of this
title.''.
(e) Clerical Amendments.--(1) The table of sections at the beginning
of chapter 603 of title 10, United States Code, is amended by striking
the items relating to sections 6973 and 6974 and inserting the
following:
``6973. Gifts, bequests, and loans of property: acceptance for
benefit and use of Naval Academy.
``6974. United States Naval Academy Museum Fund: references to Fund.''.
(2) The item relating to section 7222 of such title in the table of
sections at the beginning of chapter 631 of such title is amended to
read as follows:
``7222. Naval Historical Center Fund: references to Fund.''.
SEC. 943. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT PREVIOUSLY
ACCEPTED FOR THE NAVAL ACADEMY.
Notwithstanding section 6973 of title 10, United States Code, during
fiscal year 2001 the Secretary of the Navy may dispose of a gift
accepted before the date of the enactment of this Act for the United
States Naval Academy by disbursing from the United States Naval Academy
general gift fund to an entity designated by the donor of the gift the
amount equal to the current cash value of that gift.
TITLE X--GENERAL PROVISIONS
SUBTITLE A--FINANCIAL MATTERS
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations
for fiscal year 2000.
Sec. 1004. United States contribution to NATO common-funded
budgets in fiscal year 2001.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2001.
Sec. 1006. Requirement for prompt payment of contract vouchers.
Sec. 1007. Plan for prompt recording of obligations of funds for
contractual transactions.
Sec. 1008. Electronic submission and processing of claims for
contract payments.
Sec. 1009. Administrative offsets for overpayment of
transportation costs.
Sec. 1010. Interest penalties for late payment of interim payments
due under Government service contracts.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Sec. 1011. Revisions to national defense features program.
Sec. 1012. Sense of Congress on the naming of the CVN 77 aircraft
carrier.
Sec. 1013. Authority to transfer naval vessels to certain foreign
countries.
Sec. 1014. Authority to consent to retransfer of alternative
former naval vessel by Government of Greece.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
Sec. 1021. Extension of authority to provide support for
counter-drug activities of Colombia.
Sec. 1022. Report on Department of Defense expenditures to support
foreign counter-drug activities.
Sec. 1023. Recommendations on expansion of support for
counter-drug activities.
Sec. 1024. Review of riverine counter-drug program.
Sec. 1025. Report on tethered aerostat radar system.
Sec. 1026. Sense of Congress regarding use of Armed Forces for
counter-drug and counter-terrorism activities.
SUBTITLE D--COUNTERTERRORISM AND DOMESTIC PREPAREDNESS
Sec. 1031. Preparedness of military installation first responders
for incidents involving weapons of mass destruction.
Sec. 1032. Additional weapons of mass destruction civil support teams.
Sec. 1033. Authority to provide loan guarantees to improve
domestic preparedness to combat cyberterrorism.
Sec. 1034. Report on the status of domestic preparedness against
the threat of biological terrorism.
Sec. 1035 Report on strategy, policies, and programs to combat
domestic terrorism.
SUBTITLE E--STRATEGIC FORCES
Sec. 1041. Revised nuclear posture review.
Sec. 1042. Plan for the long-term sustainment and modernization of
United States strategic nuclear forces.
Sec. 1043. Modification of scope of waiver authority for
limitation on retirement or dismantlement of strategic nuclear delivery
systems.
Sec. 1044. Report on the defeat of hardened and deeply buried targets.
Sec. 1045. Sense of Congress on the maintenance of the strategic
nuclear triad.
SUBTITLE F--MISCELLANEOUS REPORTING REQUIREMENTS
Sec. 1051. Management review of working-capital fund activities.
Sec. 1052. Report on submarine rescue support vessels.
Sec. 1053. Report on Federal Government progress in developing
information assurance strategies.
Sec. 1054. Department of Defense process for decisionmaking in
cases of false claims.
SUBTITLE G--GOVERNMENT INFORMATION SECURITY REFORM
Sec. 1061. Coordination of Federal information policy.
Sec. 1062. Responsibilities of certain agencies.
Sec. 1063. Relationship of Defense Information Assurance Program
to Government-wide information security program.
Sec. 1064. Technical and conforming amendments.
Sec. 1065. Effective date.
SUBTITLE H--SECURITY MATTERS
Sec. 1071. Limitation on granting of security clearances.
Sec. 1072. Process for prioritizing background investigations for
security clearances for Department of Defense personnel and defense
contractor personnel.
Sec. 1073. Authority to withhold certain sensitive information
from public disclosure.
Sec. 1074. Expansion of authority to exempt geodetic products of
the Department of Defense from public disclosure.
Sec. 1075. Expenditures for declassification activities.
Sec. 1076. Enhanced access to criminal history record information
for national security and other purposes.
Sec. 1077. Two-year extension of authority to engage in commercial
activities as security for intelligence collection activities.
Sec. 1078. Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former Department of Defense
nuclear facilities.
SUBTITLE I--OTHER MATTERS
Sec. 1081. Funds for administrative expenses under Defense Export
Loan Guarantee program.
Sec. 1082. Transit pass program for Department of Defense
personnel in poor air quality areas.
Sec. 1083. Transfer of Vietnam era TA 4 aircraft to nonprofit
foundation.
Sec. 1084. Transfer of 19th century cannon to museum.
Sec. 1085. Fees for providing historical information to the public.
Sec. 1086. Grants to American Red Cross for Armed Forces emergency
services.
Sec. 1087. Technical and clerical amendments.
Sec. 1088. Maximum size of parcel post packages transported
overseas for Armed Forces post offices.
Sec. 1089. Sense of Congress regarding tax treatment of members
receiving special pay for duty subject to hostile fire or imminent
danger.
Sec. 1090. Organization and management of Civil Air Patrol.
Sec. 1091. Additional duties for Commission to Assess United
States National Security Space Management and Organization.
Sec. 1092. Commission on the Future of the United States Aerospace
Industry.
Sec. 1093. Drug addiction treatment.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination by
the Secretary of Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for fiscal year
2001 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the authorization
to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been
denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify Congress
of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by the
committee of conference to accompany the conference report on the bill
H.R. 4205 of the One Hundred Sixth Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts specified
in the Classified Annex are not in addition to amounts authorized to be
appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and requirements
as are set out for that program, project, or activity in the Classified
Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2000.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 2000 in the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65) are hereby adjusted, with respect
to any such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in the Emergency
Supplemental Act, 2000 (division B of Public Law 106 246) or in title IX
of the Department of Defense Appropriations Act, 2001 (Public Law 106
259).
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2001.
(a) Fiscal Year 2001 Limitation.--The total amount contributed by the
Secretary of Defense in fiscal year 2001 for the common-funded budgets
of NATO may be any amount up to, but not in excess of, the amount
specified in subsection (b) (rather than the maximum amount that would
otherwise be applicable to those contributions under the fiscal year
1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of fiscal year
2000, of funds appropriated for fiscal years before fiscal year 2001 for
payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be made
under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $743,000 for the Civil
Budget.
(2) Of the amount provided in section 301(1), $181,981,000 for the
Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-funded budgets
of NATO'' means the Military Budget, the Security Investment Program,
and the Civil Budget of the North Atlantic Treaty Organization (and any
successor or additional account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term ``fiscal year
1998 baseline limitation'' means the maximum annual amount of Department
of Defense contributions for common-funded budgets of NATO that is set
forth as the annual limitation in section 3(2)(C)(ii) of the resolution
of the Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of 1949 on
the Accession of Poland, Hungary, and the Czech Republic (as defined in
section 4(7) of that resolution), approved by the Senate on April 30,
1998.
SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO
PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2001.
(a) Limitation.--Of the amounts authorized to be appropriated by
section 301(24) for the Overseas Contingency Operations Transfer Fund--
(1) no more than $1,387,800,000 may be obligated for incremental
costs of the Armed Forces for Bosnia peacekeeping operations; and
(2) no more than $1,650,400,000 may be obligated for incremental
costs of the Armed Forces for Kosovo peacekeeping operations.
(b) Presidential Waiver.--The President may waive the limitation in
subsection (a)(1), or the limitation in subsection (a)(2), after
submitting to Congress the following:
(1) The President's written certification that the waiver is
necessary in the national security interests of the United States.
(2) The President's written certification that exercising the waiver
will not adversely affect the readiness of United States military
forces.
(3) A report setting forth the following:
(A) The reasons that the waiver is necessary in the national
security interests of the United States.
(B) The specific reasons that additional funding is required for the
continued presence of United States military forces participating in, or
supporting, Bosnia peacekeeping operations, or Kosovo peacekeeping
operations, as the case may be, for fiscal year 2001.
(C) A discussion of the impact on the military readiness of United
States Armed Forces of the continuing deployment of United States
military forces participating in, or supporting, Bosnia peacekeeping
operations, or Kosovo peacekeeping operations, as the case may be.
(4) A supplemental appropriations request for the Department of
Defense for such amounts as are necessary for the additional fiscal year
2001 costs associated with United States military forces participating
in, or supporting, Bosnia or Kosovo peacekeeping operations.
(c) Peacekeeping Operations Defined.--For the purposes of this
section:
(1) The term ``Bosnia peacekeeping operations'' has the meaning
given such term in section 1004(e) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105 261; 112
Stat. 2112).
(2) The term ``Kosovo peacekeeping operations''--
(A) means the operation designated as Operation Joint Guardian and
any other operation involving the participation of any of the Armed
Forces in peacekeeping or peace enforcement activities in and around
Kosovo; and
(B) includes, with respect to Operation Joint Guardian or any such
other operation, each activity that is directly related to the support
of the operation.
SEC. 1006. REQUIREMENT FOR PROMPT PAYMENT OF CONTRACT VOUCHERS.
(a) Requirement.--(1) Chapter 131 of title 10, United States Code, is
amended by adding after section 2225, as added by section 812(a)(1), the
following new section:
``2226. Contracted property and services: prompt payment of vouchers
``(a) Requirement.--Of the contract vouchers that are received by the
Defense Finance and Accounting Service by means of the mechanization of
contract administration services system, the number of such vouchers
that remain unpaid for more than 30 days as of the last day of each
month may not exceed 5 percent of the total number of the contract
vouchers so received that remain unpaid on that day.
``(b) Contract Voucher Defined.--In this section, the term `contract
voucher' means a voucher or invoice for the payment to a contractor for
services, commercial items (as defined in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12))), or other
deliverable items provided by the contractor under a contract funded by
the Department of Defense.''.
(2) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 2225, as added by section
812(a)(2), the following new item:
``2226. Contracted property and services: prompt payment of vouchers.''.
(b) Effective Date.--Section 2226 of title 10, United States Code (as
added by subsection (a)), shall take effect on December 1, 2000.
(c) Conditional Requirement for Report.--(1) If for any month of the
noncompliance reporting period the requirement in section 2226 of title
10, United States Code (as added by subsection (a)), is not met, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the magnitude of the unpaid contract
vouchers. The report for a month shall be submitted not later than 30
days after the end of that month.
(2) A report for a month under paragraph (1) shall include
information current as of the last day of the month as follows:
(A) The number of the vouchers received by the Defense Finance and
Accounting Service by means of the mechanization of contract
administration services system during each month.
(B) The number of the vouchers so received, whenever received by the
Defense Finance and Accounting Service, that remain unpaid for each of
the following periods:
(i) Over 30 days and not more than 60 days.
(ii) Over 60 days and not more than 90 days.
(iii) More than 90 days.
(C) The number of the vouchers so received that remain unpaid for
the major categories of procurements, as defined by the Secretary of
Defense.
(D) The corrective actions that are necessary, and those that are
being taken, to ensure compliance with the requirement in subsection
(a).
(3) For purposes of this subsection:
(A) The term ``noncompliance reporting period'' means the period
beginning on December 1, 2000, and ending on November 30, 2004.
(B) The term ``contract voucher'' has the meaning given that term in
section 2226(b) of title 10, United States Code (as added by subsection
(a)).
SEC. 1007. PLAN FOR PROMPT RECORDING OF OBLIGATIONS OF FUNDS
FOR CONTRACTUAL TRANSACTIONS.
(a) Requirement for Plan.--The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than November 15, 2000, a plan for ensuring
that each obligation of the Department of Defense under a transaction
described in subsection (c) be recorded in the appropriate financial
administration systems of the Department of Defense not later than 10
days after the date on which the obligation is incurred.
(b) Content of Plan.--The plan under subsection (a) shall provide for
the following:
(1) The recording of obligations in accordance with requirements
that apply uniformly throughout the Department of Defense, including
requirements for the recording of detailed data on each such obligation.
(2) A system of accounting classification reference numbers for the
recording of obligations that applies uniformly throughout the
Department of Defense.
(3) A discussion of how the plan is to be implemented, including a
schedule for implementation.
(c) Covered Transactions.--The plan shall apply to each obligation
under any of the following transactions of the Department of Defense:
(1) A contract.
(2) A grant.
(3) A cooperative agreement.
(4) A transaction authorized under section 2371 of title 10, United
States Code.
SEC. 1008. ELECTRONIC SUBMISSION AND PROCESSING OF CLAIMS FOR
CONTRACT PAYMENTS.
(a) Requirements.--(1) Chapter 131 of title 10, United States Code,
is amended by adding after section 2226, as added by section 1006(a)(1),
the following new section:
``2227. Electronic submission and processing of claims for
contract payments
``(a) Submission of Claims.--The Secretary of Defense shall require
that any claim for payment under a Department of Defense contract shall
be submitted to the Department of Defense in electronic form.
``(b) Processing.--A contracting officer, contract administrator,
certifying official, or other officer or employee of the Department of
Defense who receives a claim for payment in electronic form in
accordance with subsection (a) and is required to transmit the claim to
any other officer or employee of the Department of Defense for
processing under procedures of the department shall transmit the claim
and any additional documentation necessary to support the determination
and payment of the claim to such other officer or employee
electronically.
``(c) Waiver Authority.--If the Secretary of Defense determines that
the requirement for using electronic means for submitting claims under
subsection (a), or for transmitting claims and supporting documentation
under subsection (b), is unduly burdensome in any category of cases, the
Secretary may exempt the cases in that category from the application of
the requirement.
``(d) Implementation of Requirements.--In implementing subsections
(a) and (b), the Secretary of Defense shall provide for the following:
``(1) Policies, requirements, and procedures for using electronic
means for the submission of claims for payment to the Department of
Defense and for the transmission, between Department of Defense
officials, of claims for payment received in electronic form, together
with supporting documentation (such as receiving reports, contracts and
contract modifications, and required certifications).
``(2) The format in which information can be accepted by the
corporate database of the Defense Finance and Accounting Service.
``(3) The requirements to be included in contracts regarding the
electronic submission of claims for payment by contractors.
``(e) Claim for Payment Defined.--In this section, the term `claim
for payment' means an invoice or any other demand or request for
payment.''.
(2) The table of sections at the beginning of such chapter is amended
by adding after the item relating to section 2226, as added by section
1006(a)(2), the following new item:
``2227. Electronic submission and processing of claims for
contract payments.''.
(b) Implementation Plan.--Not later than March 30, 2001, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a plan for the
implementation of the requirements imposed under section 2227 of title
10, United States Code (as added by subsection (a)). The plan shall
provide for each of the matters specified in subsection (d) of that
section.
(c) Applicability.--(1) Subject to paragraph (2), the Secretary of
Defense shall apply section 2227 of title 10, United States Code (as
added by subsection (a)), with respect to contracts for which
solicitations of offers are issued after June 30, 2001.
(2)(A) The Secretary may delay the implementation of section 2227 to
a date after June 30, 2001, upon a finding that it is impracticable to
implement that section until that later date. In no event, however, may
the implementation be delayed to a date after October 1, 2002.
(B) Upon determining to delay the implementation of such section 2227
to a later date under subparagraph (A), the Secretary shall promptly
publish a notice of the delay in the Federal Register. The notice shall
include a specification of the later date on which the implementation of
that section is to begin. Not later than 30 days before the later
implementation date, the Secretary shall publish in the Federal Register
another notice that such section is being implemented beginning on that
date.
SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT OF
TRANSPORTATION COSTS.
(a) Offsets for Overpayments or Liquidated Damages.--(1) Section 2636
of title 10, United States Code, is amended to read as follows:
``2636. Deductions from amounts due carriers
``(a) Amounts for Loss or Damage.--An amount deducted from an amount
due a carrier shall be credited as follows:
``(1) If deducted because of loss of or damage to material in
transit for a military department, the amount shall be credited to the
proper appropriation, account, or fund from which the same or similar
material may be replaced.
``(2) If deducted as an administrative offset for an overpayment
previously made to the carrier under any Department of Defense contract
for transportation services or as liquidated damages due under any such
contract, the amount shall be credited to the appropriation or account
from which payments for the transportation services were made.
``(b) Simplified Offset for Collection of Claims Not in Excess of the
Simplified Acquisition Threshold.--(1) In any case in which the total
amount of a claim for the recovery of overpayments or liquidated damages
under a contract described in subsection (a)(2) does not exceed the
simplified acquisition threshold, the Secretary of Defense or the
Secretary concerned, in exercising the authority to collect the claim by
administrative offset under section 3716 of title 31, may apply
paragraphs (2) and (3) of subsection (a) of that section with respect to
that collection after (rather than before) the claim is so collected.
``(2) Regulations prescribed by the Secretary of Defense under
subsection (b) of section 3716 of title 31--
``(A) shall include provisions to carry out paragraph (1); and
``(B) shall provide the carrier for a claim subject to paragraph (1)
with an opportunity to offer an alternative method of repaying the claim
(rather than by administrative offset) if the collection of the claim by
administrative offset has not already been made.
``(3) In this subsection, the term `simplified acquisition threshold'
has the meaning given that term in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(11)).''.
(2) The item relating to such section in the table of sections at the
beginning of chapter 157 of such title is amended to read as follows:
``2636. Deductions from amounts due carriers.''.
(b) Effective Date.--Subsections (a)(2) and (b) of section 2636 of
title 10, United States Code, as added by subsection (a)(1), shall apply
with respect to contracts entered into after the date of the enactment
of this Act.
SEC. 1010. INTEREST PENALTIES FOR LATE PAYMENT OF INTERIM
PAYMENTS DUE UNDER GOVERNMENT SERVICE CONTRACTS.
(a) Prompt Payment Requirement for Interim Payments.--Under
regulations prescribed under subsection (c), the head of an agency
acquiring services from a business concern under a cost reimbursement
contract requiring interim payments who does not pay the concern a
required interim payment by the date that is 30 days after the date of
the receipt of a proper invoice shall pay an interest penalty to the
concern on the amount of the payment due. The interest shall be computed
as provided in section 3902(a) of title 31, United States Code.
(b) Regulations.--The Director of the Office of Management and Budget
shall prescribe regulations to carry out this section. Such regulations
shall be prescribed as part of the regulations prescribed under section
3903 of title 31, United States Code.
(c) Incorporation of Certain Provisions of Law.--The provisions of
chapter 39 of title 31, United States Code, shall apply to this section
in the same manner as if this section were enacted as part of such
chapter.
(d) Effective Date.--Subsection (a) shall take effect on December 15,
2000. No interest shall accrue by reason of that subsection for any
period before that date.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REVISIONS TO NATIONAL DEFENSE FEATURES PROGRAM.
Section 2218(k) of title 10, United States Code, is amended--
(1) by adding at the end of paragraph (1) the following new
sentence: ``As consideration for a contract with the head of an agency
under this subsection, the company entering into the contract shall
agree with the Secretary of Defense to make any vessel covered by the
contract available to the Secretary, fully crewed and ready for sea, at
any time at any port determined by the Secretary, and for whatever
duration the Secretary determines necessary.'';
(2) by adding at the end of paragraph (2) the following new
subparagraph:
``(E) Payments of such sums as the Government would otherwise
expend, if the vessel were placed in the Ready Reserve Fleet, for
maintaining the vessel in the status designated as `ROS 4 status' in the
Ready Reserve Fleet for 25 years.''; and
(3) by adding at the end the following new paragraph:
``(6) The head of an agency may not enter into a contract under
paragraph (1) that would provide for payments to the contractor as
authorized in paragraph (2)(E) until notice of the proposed contract is
submitted to the congressional defense committees and a period of 90
days has elapsed.''.
SEC. 1012. SENSE OF CONGRESS ON THE NAMING OF THE CVN 77
AIRCRAFT CARRIER.
(a) Findings.--Congress makes the following findings:
(1) Over the last three decades Congress has authorized and
appropriated funds for a total of 10 Nimitz class aircraft carriers.
(2) The last vessel in the Nimitz class of aircraft carriers, CVN
77, is currently under construction and will be delivered in 2008.
(3) The first nine vessels in this class bear the following proud
names:
(A) U.S.S. Nimitz (CVN 68).
(B) U.S.S. Dwight D. Eisenhower (CVN 69).
(C) U.S.S. Carl Vinson (CVN 70).
(D) U.S.S. Theodore Roosevelt (CVN 71).
(E) U.S.S. Abraham Lincoln (CVN 72).
(F) U.S.S. George Washington (CVN 73).
(G) U.S.S. John C. Stennis (CVN 74).
(H) U.S.S. Harry S. Truman (CVN 75).
(I) U.S.S. Ronald Reagan (CVN 76).
(4) It is appropriate for Congress to recommend to the President, as
Commander in Chief of the Armed Forces, an appropriate name for the
final vessel in the Nimitz class of aircraft carriers.
(5) Over the last 25 years the vessels in the Nimitz class of
aircraft carriers have served as one of the principal means of United
States diplomacy and as one of the principal means for the defense of
the United States and its allies around the world.
(6) The name bestowed upon the aircraft carrier CVN 77 should embody
the American spirit and provide a lasting symbol of the American
commitment to freedom.
(7) The name ``Lexington'' has been a symbol of freedom from the
first battle of the American Revolution.
(8) The two aircraft carriers previously named U.S.S. Lexington (the
CV 2 and the CV 16) served the Nation for 64 years, served in World War
II, and earned a total of 13 battle stars.
(9) One of those honored vessels, the CV 2, was lost at the Battle
of the Coral Sea on May 8, 1942.
(b) Sense of Congress.--It is the sense of Congress that the CVN 77
aircraft carrier should be named the ``U.S.S. Lexington''--
(1) in order to honor the men and women who served in the Armed
Forces of the United States during World War II and the incalculable
number of United States citizens on the home front during that war who
mobilized in the name of freedom; and
(2) as a special tribute to the 16,000,000 veterans of the Armed
Forces who served on land, sea, and air during World War II (of whom
fewer than 6,000,000 remain alive today) and a lasting symbol of their
commitment to freedom as they pass on having proudly taken their place
in history.
SEC. 1013. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Brazil.--To the Government of Brazil--
(A) the Thomaston class dock landing ships Alamo (LSD 33) and
Hermitage (LSD 34); and
(B) the Garcia class frigates Bradley (FF 1041), Davidson (FF 1045),
Sample (FF 1048) and Albert David (FF 1050).
(2) Greece.--To the Government of Greece, the Knox class frigates
Vreeland (FF 1068) and Trippe (FF 1075).
(b) Transfers on a Combined Lease-Sale Basis.--(1) The President is
authorized to transfer vessels to foreign countries on a combined
lease-sale basis under sections 61 and 21 of the Arms Export Control Act
(22 U.S.C. 2796 and 2761) and in accordance with subsection (c) as
follows:
(A) Chile.--To the Government of Chile, the Oliver Hazard Perry
class guided missile frigates Wadsworth (FFG 9), and Estocin (FFG 15).
(B) Turkey.--To the Government of Turkey, the Oliver Hazard Perry
class guided missile frigates John A. Moore (FFG 19) and Flatley (FFG
21).
(2) The authority provided under paragraph (1)(B) is in addition to
the authority provided under section 1018(a)(9) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65; 113 Stat.
745) for the transfer of those vessels to the Government of Turkey on a
sale basis under section 21 of the Arms Export Control Act (22 U.S.C.
2761).
(c) Conditions Relating to Combined Lease-Sale Transfers.--A transfer
of a vessel on a combined lease-sale basis authorized by subsection (b)
shall be made in accordance with the following requirements:
(1) The President may initially transfer the vessel by lease, with
lease payments suspended for the term of the lease, if the country
entering into the lease for the vessel simultaneously enters into a
foreign military sales agreement for the transfer of title to the
vessel.
(2) The President may not deliver to the purchasing country title to
the vessel until the purchase price of the vessel under such a foreign
military sales agreement is paid in full.
(3) Upon payment of the purchase price in full under such a sales
agreement and delivery of title to the recipient country, the President
shall terminate the lease.
(4) If the purchasing country fails to make full payment of the
purchase price in accordance with the sales agreement by the date
required under the sales agreement--
(A) the sales agreement shall be immediately terminated;
(B) the suspension of lease payments under the lease shall be
vacated; and
(C) the United States shall be entitled to retain all funds received
on or before the date of the termination under the sales agreement, up
to the amount of the lease payments due and payable under the lease and
all other costs required by the lease to be paid to that date.
(5) If a sales agreement is terminated pursuant to paragraph (4),
the United States shall not be required to pay any interest to the
recipient country on any amount paid to the United States by the
recipient country under the sales agreement and not retained by the
United States under the lease.
(d) Authorization of Appropriations for Costs of Lease-Sale
Transfers.--There is hereby authorized to be appropriated into the
Defense Vessels Transfer Program Account such sums as may be necessary
for paying the costs (as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale transfers
authorized by subsection (b). Amounts so appropriated shall be available
only for the purpose of paying those costs.
(e) Grants Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of a vessel transferred to another country on a
grant basis under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) pursuant to authority provided by subsection (a) shall not
be counted for the purposes of subsection (g) of that section in the
aggregate value of excess defense articles transferred to countries
under that section in any fiscal year.
(f) Costs of Transfers.--Any expense incurred by the United States in
connection with a transfer authorized by this section shall be charged
to the recipient (notwithstanding section 516(e)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a
transfer authorized to be made on a grant basis under subsection (a)).
(g) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of the
vessel as is needed, before the vessel joins the naval forces of that
country, performed at a shipyard located in the United States, including
a United States Navy shipyard.
(h) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
(i) Coordination of Provisions.--(1) If the Security Assistance Act
of 2000 is enacted before this Act, the provisions of this section shall
not take effect.
(2) If the Security Assistance Act of 2000 is enacted after this Act,
this section shall cease to be in effect upon the enactment of that Act.
SEC. 1014. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE
FORMER NAVAL VESSEL BY GOVERNMENT OF GREECE.
(a) Authority for Retransfer of Alternative Vessel.--Section 1012 of
the National Defense Authorization Act for Fiscal Year 2000 (Public Law
106 65; 113 Stat. 740) is amended--
(1) in subsection (a), by inserting after ``HS Rodos (ex-U.S.S.
Bowman County (LST 391))'' the following: ``, LST 325, or any other
former United States LST previously transferred to the Government of
Greece that is excess to the needs of that government''; and
(2) in subsection (b)(1), by inserting ``retransferred under
subsection (a)'' after ``the vessel''.
(b) Repeal.--Section 1305 of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (113 Stat. 1501A 511) is repealed.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF COLOMBIA.
(a) Extension of Authority.--Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105 85; 111 Stat.
1881) is amended--
(1) in subsection (a), by striking ``during fiscal years 1998
through 2002,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the period at the end the
following: ``, for fiscal years 1998 through 2002''; and
(B) in paragraph (2), by inserting before the period at the end the
following: ``, for fiscal years 1998 through 2006''.
(b) Maximum Annual Amount of Support.--Subsection (e)(2) of such
section is amended by striking ``2002'' and inserting ``2006''.
SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE EXPENDITURES TO
SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.
Not later than January 1, 2001, the Secretary of Defense shall submit
to the congressional defense committees a report detailing the
expenditure of funds by the Secretary during fiscal year 2000 in direct
or indirect support of the counter-drug activities of foreign
governments. The report shall include the following for each foreign
government:
(1) The total amount of assistance provided to, or expended on
behalf of, the foreign government.
(2) A description of the types of counter-drug activities conducted
using the assistance.
(3) An explanation of the legal authority under which the assistance
was provided.
SEC. 1023. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR
COUNTER-DRUG ACTIVITIES.
(a) Requirement for Submittal of Recommendations.--Not later than
February 1, 2001, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the recommendations of the Secretary regarding whether
expanded support for counter-drug activities should be authorized under
section 1033 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105 85; 111 Stat. 1881) for the region that includes
the countries that are covered by that authority on the date of the
enactment of this Act.
(b) Content of Submission.--The submission under subsection (a) shall
include the following:
(1) What, if any, additional countries should be covered.
(2) What, if any, additional support should be provided to covered
countries, together with the reasons for recommending the additional
support.
(3) For each country recommended under paragraph (1), a plan for
providing support, including the counter-drug activities proposed to be
supported.
SEC. 1024. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM.
(a) Requirement for Review.--The Secretary of Defense shall review
the riverine counter-drug program supported under section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105
85; 111 Stat. 1881).
(b) Report.--Not later than February 1, 2001, the Secretary shall
submit a report on the riverine counter-drug program to the Committees
on Armed Services of the Senate and the House of Representatives. The
report shall include, for each country receiving support under the
riverine counter-drug program, the following:
(1) The Assistant Secretary's assessment of the effectiveness of the
program.
(2) A recommendation regarding which of the Armed Forces, units of
the Armed Forces, or other organizations within the Department of
Defense should be responsible for managing the program.
(c) Delegation of Authority.--The Secretary shall require the
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict to carry out the responsibilities under this section.
SEC. 1025. REPORT ON TETHERED AEROSTAT RADAR SYSTEM.
(a) Report Required.--Not later than May 1, 2001, The Secretary of
Defense shall submit to Congress a report on the status of the Tethered
Aerostat Radar System used to conduct counter-drug detection and
monitoring and border security and air sovereignty operations. The
report shall include the following:
(1) The status and operational availability of each of the existing
sites of the Tethered Aerostat Radar System.
(2) A discussion of any plans to close, during the next 5 years,
currently operational sites, including a review of the justification for
each proposed closure.
(3) A review of the requirements of other agencies, especially the
United States Customs Service, for data derived from the Tethered
Aerostat Radar System.
(4) A assessment of the value of the Tethered Aerostat Radar System
in the conduct of counter-drug detection and monitoring and border
security and air sovereignty operations compared to other surveillance
systems available for such operations.
(5) The costs associated with the planned standardization of the
Tethered Aerostat Radar System and the Secretary's analysis of that
standardization.
(b) Consultation.--The Secretary of Defense shall prepare the report
in consultation with the Secretary of the Treasury.
SEC. 1026. SENSE OF CONGRESS REGARDING USE OF ARMED FORCES FOR
COUNTER-DRUG AND COUNTER-TERRORISM ACTIVITIES.
It is the sense of Congress that the President should be able to use
members of the Army, Navy, Air Force, and Marine Corps to assist law
enforcement agencies, to the full extent consistent with section 1385 of
title 18, United States Code (commonly known as the Posse Comitatus
Act), section 375 of title 10, United States Code, and other applicable
law, in preventing the entry into the United States of terrorists and
drug traffickers, weapons of mass destruction, components of weapons of
mass destruction, and prohibited narcotics and drugs.
Subtitle D--Counterterrorism and Domestic Preparedness
SEC. 1031. PREPAREDNESS OF MILITARY INSTALLATION FIRST
RESPONDERS FOR INCIDENTS INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Requirement for Report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the program of the Department of Defense to ensure
the preparedness of the first responders of the Department of Defense
for incidents involving weapons of mass destruction on installations of
the Department of Defense.
(b) Content of Report.--The report shall include the following:
(1) A detailed description of the overall preparedness program.
(2) A detailed description of the deficiencies in the preparedness
of Department of Defense installations to respond to an incident
involving a weapon of mass destruction, together with a discussion of
the actions planned to be taken by the Department of Defense to correct
the deficiencies.
(3) The schedule and costs associated with the implementation of the
preparedness program.
(4) The Department's plan for coordinating the preparedness program
with responders in the communities in the localities of the
installations.
(5) The Department's plan for promoting the interoperability of the
equipment used by the installation first responders referred to in
subsection (a) with the equipment used by the first responders in those
communities.
(c) Form of Report.--The report shall be submitted in an unclassified
form, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``first responder'' means an organization responsible
for responding to an incident involving a weapon of mass destruction.
(2) The term ``weapon of mass destruction'' has the meaning given
that term in section 1403(1) of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1032. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.
During fiscal year 2001, the Secretary of Defense shall establish
five additional teams designated as Weapons of Mass Destruction Civil
Support Teams (for a total of 32 such teams).
SEC. 1033. AUTHORITY TO PROVIDE LOAN GUARANTEES TO IMPROVE
DOMESTIC PREPAREDNESS TO COMBAT CYBERTERRORISM.
(a) Establishment of Program.--(1) Chapter 148 of title 10, United
States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER VII--CRITICAL INFRASTRUCTURE PROTECTION LOAN GUARANTEES
``Sec.
``2541. Establishment of loan guarantee program.
``2541a. Fees charged and collected.
``2541b. Administration.
``2541c. Transferability, additional limitations, and definition.
``2541d. Reports.
``2541. Establishment of loan guarantee program
``(a) Establishment.--In order to meet the national security
objectives in section 2501(a) of this title, the Secretary of Defense
shall establish a program under which the Secretary may issue guarantees
assuring lenders against losses of principal or interest, or both
principal and interest, for loans made to qualified commercial firms to
fund, in whole or in part, any of the following activities:
(1) The improvement of the protection of the critical infrastructure
of the commercial firms.
(2) The refinancing of improvements previously made to the
protection of the critical infrastructure of the commercial firms.
``(b) Qualified Commercial Firms.--For purposes of this section, a
qualified commercial firm is a company or other business entity
(including a consortium of such companies or other business entities, as
determined by the Secretary) that the Secretary determines--
``(1) conducts a significant level of its research, development,
engineering, and manufacturing activities in the United States;
``(2) is a company or other business entity the majority ownership
or control of which is by United States citizens or is a company or
other business of a parent company that is incorporated in a country the
government of which--
``(A) encourages the participation of firms so owned or controlled
in research and development consortia to which the government of that
country provides funding directly or provides funding indirectly through
international organizations or agreements; and
``(B) affords adequate and effective protection for the intellectual
property rights of companies incorporated in the United States;
``(3) provides technology products or services critical to the
operations of the Department of Defense;
``(4) meets standards of prevention of cyberterrorism applicable to
the Department of Defense; and
``(5) agrees to submit the report required under section 2541d of
this title.
``(c) Loan Limits.--The maximum amount of loan principal guaranteed
during a fiscal year under this section may not exceed $10,000,000, with
respect to all borrowers.
``(d) Goals and Standards.--The Secretary shall prescribe regulations
setting forth goals for the use of the loan guarantees provided under
this section and standards for evaluating whether those goals are met by
each entity receiving such loan guarantees.
``(e) Authority Subject to Provisions of Appropriations.--The
Secretary may guarantee a loan under this subchapter only to such extent
or in such amounts as may be provided in advance in appropriations Acts.
``2541a. Fees charged and collected
``(a) Fee Required.--The Secretary of Defense shall assess a fee for
providing a loan guarantee under this subchapter.
``(b) Amount of Fee.--The amount of the fee shall be not less than 75
percent of the amount incurred by the Secretary to provide the loan
guarantee.
``(c) Special Account.--(1) Such fees shall be credited to a special
account in the Treasury.
``(2) Amounts in the special account shall be available, to the
extent and in amounts provided in appropriations Acts, for paying the
costs of administrative expenses of the Department of Defense that are
attributable to the loan guarantee program under this subchapter.
``(3)(A) If for any fiscal year amounts in the special account
established under paragraph (1) are not available (or are not
anticipated to be available) in a sufficient amount for administrative
expenses of the Department of Defense for that fiscal year that are
directly attributable to the administration of the program under this
subchapter, the Secretary may use amounts currently available for
operations and maintenance for Defense-wide activities, not to exceed
$500,000 in any fiscal year, for those expenses.
``(B) The Secretary shall, from funds in the special account
established under paragraph (1), replenish operations and maintenance
accounts for amounts expended under subparagraph (A).
``2541b. Administration
``(a) Agreements Required.--The Secretary of Defense may enter into
one or more agreements, each with an appropriate Federal or private
entity, under which such entity may, under this subchapter--
``(1) process applications for loan guarantees;
``(2) administer repayment of loans; and
``(3) provide any other services to the Secretary to administer this
subchapter.
``(b) Treatment of Costs.--The costs of such agreements shall be
considered, for purposes of the special account established under
section 2541a(c), to be costs of administrative expenses of the
Department of Defense that are attributable to the loan guarantee
program under this subchapter.
``2541c. Transferability, additional limitations, and definition
``The following provisions of subtitle VI of this chapter apply to
guarantees issued under this subtitle:
``(1) Section 2540a, relating to transferability of guarantees.
``(2) Subsections (b) and (c) of section 2540b, providing limitations.
``(3) Section 2540d(2), providing a definition of the term `cost'.
``2541d. Reports
``(a) Report by Commercial Firms to Secretary of Defense.--The
Secretary of Defense shall require each qualified commercial firm for
which a loan is guaranteed under this subchapter to submit to the
Secretary a report on the improvements financed or refinanced with the
loan. The report shall include an assessment of the value of the
improvements for the protection of the critical infrastructure of that
commercial firm. The Secretary shall prescribe the time for submitting
the report.
``(b) Annual Report by Secretary of Defense to Congress.--Not later
than March 1 of each year in which guarantees are made under this
subchapter, the Secretary of Defense shall submit to Congress a report
on the loan guarantee program under this subchapter. The report shall
include the following:
``(1) The amounts of the loans for which guarantees were issued
during the year preceding the year of the report.
``(2) The success of the program in improving the protection of the
critical infrastructure of the commercial firms covered by the
guarantees.
``(3) The relationship of the loan guarantee program to the critical
infrastructure protection program of the Department of Defense, together
with an assessment of the extent to which the loan guarantee program
supports the critical infrastructure protection program.
``(4) Any other information on the loan guarantee program that the
Secretary considers appropriate to include in the report.''.
(2) The table of subchapters at the beginning of such chapter is
amended by adding at the end the following new item:
``VII. Critical Infrastructure Protection Loan Guarantees
2541''.
(b) Redesignation of Displaced Sections.--(1) Sections 2541 through
2554 of chapter 152 of title 10, United States Code, are redesignated as
sections 2551 through 2564, respectively.
(2) The items in the table of sections at the beginning of chapter
152 of such title are revised to reflect the redesignations made by
paragraph (1).
(c) Conforming Amendments.--(1) Subsection (c)(3)(C) of section 2561
of such title, as redesignated by subsection (b), is amended by striking
``section 2547'' and inserting ``section 2557''.
(2) Subsection (b) of section 2562 of such title, as so redesignated,
is amended by striking ``section 2547'' and inserting ``section 2557''.
(3) Section 7300 of such title is amended by striking ``section
2553'' and inserting ``section 2563''.
SEC. 1034. REPORT ON THE STATUS OF DOMESTIC PREPAREDNESS
AGAINST THE THREAT OF BIOLOGICAL TERRORISM.
(a) Report Required.--Not later than March 31, 2001, the President
shall submit to Congress a report on domestic preparedness against the
threat of biological terrorism.
(b) Report Elements.--The report shall address the following:
(1) The current state of United States preparedness to defend
against a biologic attack.
(2) The roles that various Federal agencies currently play, and
should play, in preparing for, and defending against, such an attack.
(3) The roles that State and local agencies and public health
facilities currently play, and should play, in preparing for, and
defending against, such an attack.
(4) The advisability of establishing an intergovernmental task force
to assist in preparations for such an attack.
(5) The potential role of advanced communications systems in aiding
domestic preparedness against such an attack.
(6) The potential for additional research and development in
biotechnology to aid domestic preparedness against such an attack.
(7) Other measures that should be taken to aid domestic preparedness
against such an attack.
(8) The financial resources necessary to support efforts for
domestic preparedness against such an attack.
(9) The deficiencies and vulnerabilities in the United States public
health system for dealing with the consequences of a biological
terrorist attack on the United States, and current plans to address
those deficiencies and vulnerabilities.
(c) Intelligence Estimate.--(1) Not later than March 1, 2001, the
Secretary of Defense shall submit to Congress an intelligence estimate,
prepared in consultation with the Director of Central Intelligence,
containing--
(A) an assessment of the threat to the United States posed by a
terrorist using a biological weapon; and
(B) an assessment of the relative consequences of an attack against
the United States by a terrorist using a biological weapon compared with
the consequences of an attack against the United States by a terrorist
using a weapon that is a weapon of mass destruction other than a
biological weapon or that is a conventional weapon.
(2) The intelligence estimate submitted under paragraph (1) shall
include a comparison of--
(A) the likelihood of the threat of a terrorist attack against the
United States through the use of a biological weapon, with
(B) the likelihood of the threat of a terrorist attack against the
United States through the use of a weapon that is a weapon of mass
destruction other than a biological weapon or that is a conventional
weapon.
SEC. 1035. REPORT ON STRATEGY, POLICIES, AND PROGRAMS TO
COMBAT DOMESTIC TERRORISM.
Not later than 180 days after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the strategy, policies, and programs of the
United States for combating domestic terrorism, and in particular
domestic terrorism involving weapons of mass destruction. The report
shall document the progress and problems experienced by the Federal
Government in organizing and preparing to respond to domestic terrorist
incidents.
Subtitle E--Strategic Forces
SEC. 1041. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify United
States nuclear deterrence policy and strategy for the near term, the
Secretary of Defense shall conduct a comprehensive review of the nuclear
posture of the United States for the next 5 to 10 years. The Secretary
shall conduct the review in consultation with the Secretary of Energy.
(b) Elements of Review.--The nuclear posture review shall include the
following elements:
(1) The role of nuclear forces in United States military strategy,
planning, and programming.
(2) The policy requirements and objectives for the United States to
maintain a safe, reliable, and credible nuclear deterrence posture.
(3) The relationship among United States nuclear deterrence policy,
targeting strategy, and arms control objectives.
(4) The levels and composition of the nuclear delivery systems that
will be required for implementing the United States national and
military strategy, including any plans for replacing or modifying
existing systems.
(5) The nuclear weapons complex that will be required for
implementing the United States national and military strategy, including
any plans to modernize or modify the complex.
(6) The active and inactive nuclear weapons stockpile that will be
required for implementing the United States national and military
strategy, including any plans for replacing or modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall submit to
Congress, in unclassified and classified forms as necessary, a report on
the results of the nuclear posture review conducted under this section.
The report shall be submitted concurrently with the Quadrennial Defense
Review report due in December 2001.
(d) Sense of Congress.--It is the sense of Congress that the nuclear
posture review conducted under this section should be used as the basis
for establishing future United States arms control objectives and
negotiating positions.
SEC. 1042. PLAN FOR THE LONG-TERM SUSTAINMENT AND
MODERNIZATION OF UNITED STATES STRATEGIC NUCLEAR FORCES.
(a) Requirement for Plan.--The Secretary of Defense, in consultation
with the Secretary of Energy, shall develop a long-range plan for the
sustainment and modernization of United States strategic nuclear forces
to counter emerging threats and satisfy the evolving requirements of
deterrence.
(b) Elements of Plan.--The plan specified under subsection (a) shall
include the Secretary's plans, if any, for the sustainment and
modernization of the following:
(1) Land-based and sea-based strategic ballistic missiles, including
any plans for developing replacements for the Minuteman III
intercontinental ballistic missile and the Trident II sea-launched
ballistic missile and plans for common ballistic missile technology
development.
(2) Strategic nuclear bombers, including any plans for a B 2
follow-on, a B 52 replacement, and any new air-launched weapon systems.
(3) Appropriate warheads to outfit the strategic nuclear delivery
systems referred to in paragraphs (1) and (2) to satisfy evolving
military requirements.
(c) Submittal of Plan.--The plan specified under subsection (a) shall
be submitted to Congress not later than April 15, 2001. The plan shall
be submitted in unclassified and classified forms, as necessary.
SEC. 1043. MODIFICATION OF SCOPE OF WAIVER AUTHORITY FOR
LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.
Section 1302(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105 85; 111 Stat. 1948), as amended by section
1501(a) of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106 65; 113 Stat. 806), is further amended by striking ``the
application of the limitation in effect under paragraph (1)(B) or (3) of
subsection (a), as the case may be,'' and inserting ``the application of
the limitation in effect under subsection (a) to a strategic nuclear
delivery system''.
SEC. 1044. REPORT ON THE DEFEAT OF HARDENED AND DEEPLY BURIED TARGETS.
(a) Study.--The Secretary of Defense shall, in conjunction with the
Secretary of Energy, conduct a study relating to the defeat of hardened
and deeply buried targets. Under the study, the Secretaries shall--
(1) review--
(A) the requirements of the United States to defeat hardened and
deeply buried targets and stockpiles of chemical and biological agents
and related capabilities; and
(B) current and future plans to meet those requirements;
(2) determine if those plans adequately address all such requirements;
(3) identify potential future hardened and deeply buried targets and
other related targets;
(4) determine what resources and research and development efforts
are needed to defeat the targets identified under paragraph (3) as well
as other requirements to defeat stockpiles of chemical and biological
agents and related capabilities;
(5) assess both current and future options to defeat hardened and
deeply buried targets as well as concepts to defeat stockpiles of
chemical and biological agents and related capabilities; and
(6) determine the capability and cost of each option assessed under
paragraph (5).
(b) Conduct of Assessments.--In conducting the study under subsection
(a), the Secretaries may, in order to perform the assessments required
by paragraph (5) of that subsection, conduct any limited research and
development that may be necessary to perform those assessments.
(c) Report.--(1) Not later than July 1, 2001, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the results of the study conducted under subsection (a). The
report shall be prepared in conjunction with the Secretary of Energy.
(2) The report under paragraph (1) shall be submitted in unclassified
form, together with a classified annex if necessary.
SEC. 1045. SENSE OF CONGRESS ON THE MAINTENANCE OF THE
STRATEGIC NUCLEAR TRIAD.
It is the sense of Congress that, in light of the potential for
further arms control agreements with the Russian Federation limiting
strategic forces--
(1) it is in the national interest of the United States to maintain
a robust and balanced triad of strategic nuclear delivery vehicles,
including (A) long-range bombers, (B) land-based intercontinental
ballistic missiles (ICBMs), and (C) ballistic missile submarines; and
(2) reductions to United States conventional bomber capability are
not in the national interest of the United States.
Subtitle F--Miscellaneous Reporting Requirements
SEC. 1051. MANAGEMENT REVIEW OF WORKING-CAPITAL FUND ACTIVITIES.
(a) Comptroller General Review Required.--The Comptroller General
shall conduct a review of the working-capital fund activities of the
Department of Defense to identify any potential changes in current
management processes or policies that, if made, would result in a more
efficient and economical operation of those activities.
(b) Review To Include Carryover Policy.--The review shall include a
review of practices under the Department of Defense policy that
authorizes funds available for working-capital fund activities for one
fiscal year to be obligated for work to be performed at such activities
within the first 90 days of the next fiscal year (known as
``carryover''). On the basis of the review, the Comptroller General
shall determine the following:
(1) The extent to which the working-capital fund activities of the
Department of Defense have complied with the 90-day carryover policy.
(2) The reasons for the carryover authority under the policy to
apply to as much as a 90-day quantity of work.
(3) Whether applying the carryover authority to not more than a
30-day quantity of work would be sufficient to ensure uninterrupted
operations at the working-capital fund activities early in a fiscal
year.
(4) What, if any, savings could be achieved by restricting the
carryover authority so as to apply to a 30-day quantity of work.
SEC. 1052. REPORT ON SUBMARINE RESCUE SUPPORT VESSELS.
(a) Requirement.--The Secretary of the Navy shall submit to Congress,
together with the submission of the budget of the President for fiscal
year 2002 under section 1105 of title 31, United States Code, a report
on the plan of the Navy for providing for submarine rescue support
vessels through fiscal year 2007.
(b) Content.--The report shall include a discussion of the following:
(1) The requirement for submarine rescue support vessels through
fiscal year 2007, including experience in changing from the provision of
such vessels from dedicated platforms to the provision of such vessels
through vessel of opportunity services and charter vessels.
(2) The resources required, the risks to submariners, and the
operational impacts of the following:
(A) Chartering submarine rescue support vessels for terms of up to
five years, with options to extend the charters for two additional
five-year periods.
(B) Providing submarine rescue support vessels using vessel of
opportunity services.
(C) Providing submarine rescue support services through other means
considered by the Navy.
SEC. 1053. REPORT ON FEDERAL GOVERNMENT PROGRESS IN DEVELOPING
INFORMATION ASSURANCE STRATEGIES.
Not later than January 15, 2001, the President shall submit to
Congress a comprehensive report detailing the specific steps taken by
the Federal Government as of the date of the report to develop critical
infrastructure assurance strategies as outlined by Presidential Decision
Directive No. 63 (PDD 63). The report shall include the following:
(1) A detailed summary of the progress of each Federal agency in
developing an internal information assurance plan.
(2) The progress of Federal agencies in establishing partnerships
with relevant private sector industries to address critical
infrastructure vulnerabilities.
SEC. 1054. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING IN
CASES OF FALSE CLAIMS.
Not later than February 1, 2001, the Secretary of Defense shall
submit to Congress a report describing the policies and procedures for
Department of Defense decisionmaking on issues arising under sections
3729 through 3733 of title 31, United States Code, in cases of claims
submitted to the Department of Defense that are suspected or alleged to
be false. The report shall include a discussion of any changes that have
been made in the policies and procedures since January 1, 2000, and how
such procedures are being implemented.
Subtitle G--Government Information Security Reform
SEC. 1061. COORDINATION OF FEDERAL INFORMATION POLICY.
Chapter 35 of title 44, United States Code, is amended by inserting
at the end the following new subchapter:
``SUBCHAPTER II--INFORMATION SECURITY
``3531. Purposes
``The purposes of this subchapter are the following:
``(1) To provide a comprehensive framework for establishing and
ensuring the effectiveness of controls over information resources that
support Federal operations and assets.
``(2)(A) To recognize the highly networked nature of the Federal
computing environment including the need for Federal Government
interoperability and, in the implementation of improved security
management measures, assure that opportunities for interoperability are
not adversely affected.
``(B) To provide effective Government-wide management and oversight
of the related information security risks, including coordination of
information security efforts throughout the civilian, national security,
and law enforcement communities.
``(3) To provide for development and maintenance of minimum controls
required to protect Federal information and information systems.
``(4) To provide a mechanism for improved oversight of Federal
agency information security programs.
``3532. Definitions
``(a) Except as provided under subsection (b), the definitions under
section 3502 shall apply to this subchapter.
``(b) In this subchapter:
``(1) The term `information technology' has the meaning given that
term in section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
``(2) The term `mission critical system' means any
telecommunications or information system used or operated by an agency
or by a contractor of an agency, or other organization on behalf of an
agency, that--
``(A) is defined as a national security system under section 5142 of
the Clinger-Cohen Act of 1996 (40 U.S.C. 1452);
``(B) is protected at all times by procedures established for
information which has been specifically authorized under criteria
established by an Executive order or an Act of Congress to be classified
in the interest of national defense or foreign policy; or
``(C) processes any information, the loss, misuse, disclosure, or
unauthorized access to or modification of, would have a debilitating
impact on the mission of an agency.
``3533. Authority and functions of the Director
``(a)(1) The Director shall establish Government-wide policies for
the management of programs that--
``(A) support the cost-effective security of Federal information
systems by promoting security as an integral component of each agency's
business operations; and
``(B) include information technology architectures as defined under
section 5125 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1425).
``(2) Policies under this subsection shall--
``(A) be founded on a continuing risk management cycle that
recognizes the need to--
``(i) identify, assess, and understand risk; and
``(ii) determine security needs commensurate with the level of risk;
``(B) implement controls that adequately address the risk;
``(C) promote continuing awareness of information security risk; and
``(D) continually monitor and evaluate policy and control
effectiveness of information security practices.
``(b) The authority under subsection (a) includes the authority to--
``(1) oversee and develop policies, principles, standards, and
guidelines for the handling of Federal information and information
resources to improve the efficiency and effectiveness of governmental
operations, including principles, policies, and guidelines for the
implementation of agency responsibilities under applicable law for
ensuring the privacy, confidentiality, and security of Federal
information;
``(2) consistent with the standards and guidelines promulgated under
section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and
sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 1441
note; Public Law 100 235; 101 Stat. 1729), require Federal agencies to
identify and afford security protections commensurate with the risk and
magnitude of the harm resulting from the loss, misuse, or unauthorized
access to or modification of information collected or maintained by or
on behalf of an agency;
``(3) direct the heads of agencies to--
``(A) identify, use, and share best security practices;
``(B) develop an agency-wide information security plan;
``(C) incorporate information security principles and practices
throughout the life cycles of the agency's information systems; and
``(D) ensure that the agency's information security plan is
practiced throughout all life cycles of the agency's information
systems;
``(4) oversee the development and implementation of standards and
guidelines relating to security controls for Federal computer systems by
the Secretary of Commerce through the National Institute of Standards
and Technology under section 5131 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1441) and section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g 3);
``(5) oversee and coordinate compliance with this section in a
manner consistent with--
``(A) sections 552 and 552a of title 5;
``(B) sections 20 and 21 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g 3 and 278g 4);
``(C) section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441);
``(D) sections 5 and 6 of the Computer Security Act of 1987 (40
U.S.C. 1441 note; Public Law 100 235; 101 Stat. 1729); and
``(E) related information management laws; and
``(6) take any authorized action under section 5113(b)(5) of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1413(b)(5)) that the Director
considers appropriate, including any action involving the budgetary
process or appropriations management process, to enforce accountability
of the head of an agency for information resources management, including
the requirements of this subchapter, and for the investments made by the
agency in information technology, including--
``(A) recommending a reduction or an increase in any amount for
information resources that the head of the agency proposes for the
budget submitted to Congress under section 1105(a) of title 31;
``(B) reducing or otherwise adjusting apportionments and
reapportionments of appropriations for information resources; and
``(C) using other authorized administrative controls over
appropriations to restrict the availability of funds for information
resources.
``(c) The authorities of the Director under this section (other than
the authority described in subsection (b)(6))--
``(1) shall be delegated to the Secretary of Defense, the Director
of Central Intelligence, and another agency head as designated by the
President in the case of systems described under subparagraphs (A) and
(B) of section 3532(b)(2);
``(2) shall be delegated to the Secretary of Defense in the case of
systems described under subparagraph (C) of section 3532(b)(2) that are
operated by the Department of Defense, a contractor of the Department of
Defense, or another entity on behalf of the Department of Defense; and
``(3) in the case of all other Federal information systems, may be
delegated only to the Deputy Director for Management of the Office of
Management and Budget.
``3534. Federal agency responsibilities
``(a) The head of each agency shall--
``(1) be responsible for--
``(A) adequately ensuring the integrity, confidentiality,
authenticity, availability, and nonrepudiation of information and
information systems supporting agency operations and assets;
``(B) developing and implementing information security policies,
procedures, and control techniques sufficient to afford security
protections commensurate with the risk and magnitude of the harm
resulting from unauthorized disclosure, disruption, modification, or
destruction of information collected or maintained by or for the agency;
and
``(C) ensuring that the agency's information security plan is
practiced throughout the life cycle of each agency system;
``(2) ensure that appropriate senior agency officials are
responsible for--
``(A) assessing the information security risks associated with the
operations and assets for programs and systems over which such officials
have control;
``(B) determining the levels of information security appropriate to
protect such operations and assets; and
``(C) periodically testing and evaluating information security
controls and techniques;
``(3) delegate to the agency Chief Information Officer established
under section 3506, or a comparable official in an agency not covered by
such section, the authority to administer all functions under this
subchapter including--
``(A) designating a senior agency information security official who
shall report to the Chief Information Officer or a comparable official;
``(B) developing and maintaining an agencywide information security
program as required under subsection (b);
``(C) ensuring that the agency effectively implements and maintains
information security policies, procedures, and control techniques;
``(D) training and overseeing personnel with significant
responsibilities for information security with respect to such
responsibilities; and
``(E) assisting senior agency officials concerning responsibilities
under paragraph (2);
``(4) ensure that the agency has trained personnel sufficient to
assist the agency in complying with the requirements of this subchapter
and related policies, procedures, standards, and guidelines; and
``(5) ensure that the agency Chief Information Officer, in
coordination with senior agency officials, periodically--
``(A)(i) evaluates the effectiveness of the agency information
security program, including testing control techniques; and
``(ii) implements appropriate remedial actions based on that
evaluation; and
``(B) reports to the agency head on--
``(i) the results of such tests and evaluations; and
``(ii) the progress of remedial actions.
``(b)(1) Each agency shall develop and implement an agencywide
information security program to provide information security for the
operations and assets of the agency, including operations and assets
provided or managed by another agency.
``(2) Each program under this subsection shall include--
``(A) periodic risk assessments that consider internal and external
threats to--
``(i) the integrity, confidentiality, and availability of systems; and
``(ii) data supporting critical operations and assets;
``(B) policies and procedures that--
``(i) are based on the risk assessments required under subparagraph
(A) that cost-effectively reduce information security risks to an
acceptable level; and
``(ii) ensure compliance with--
``(I) the requirements of this subchapter;
``(II) policies and procedures as may be prescribed by the Director;
and
``(III) any other applicable requirements;
``(C) security awareness training to inform personnel of--
``(i) information security risks associated with the activities of
personnel; and
``(ii) responsibilities of personnel in complying with agency
policies and procedures designed to reduce such risks;
``(D) periodic management testing and evaluation of the
effectiveness of information security policies and procedures;
``(E) a process for ensuring remedial action to address any
significant deficiencies; and
``(F) procedures for detecting, reporting, and responding to
security incidents, including--
``(i) mitigating risks associated with such incidents before
substantial damage occurs;
``(ii) notifying and consulting with law enforcement officials and
other offices and authorities;
``(iii) notifying and consulting with an office designated by the
Administrator of General Services within the General Services
Administration; and
``(iv) notifying and consulting with an office designated by the
Secretary of Defense, the Director of Central Intelligence, and another
agency head as designated by the President for incidents involving
systems described under subparagraphs (A) and (B) of section 3532(b)(2).
``(3) Each program under this subsection is subject to the approval
of the Director and is required to be reviewed at least annually by
agency program officials in consultation with the Chief Information
Officer. In the case of systems described under subparagraphs (A) and
(B) of section 3532(b)(2), the Director shall delegate approval
authority under this paragraph to the Secretary of Defense, the Director
of Central Intelligence, and another agency head as designated by the
President.
``(c)(1) Each agency shall examine the adequacy and effectiveness of
information security policies, procedures, and practices in plans and
reports relating to--
``(A) annual agency budgets;
``(B) information resources management under subchapter I of this
chapter;
``(C) performance and results based management under the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.);
``(D) program performance under sections 1105 and 1115 through 1119
of title 31, and sections 2801 through 2805 of title 39; and
``(E) financial management under--
``(i) chapter 9 of title 31, United States Code, and the Chief
Financial Officers Act of 1990 (31 U.S.C. 501 note; Public Law 101 576)
(and the amendments made by that Act);
``(ii) the Federal Financial Management Improvement Act of 1996 (31
U.S.C. 3512 note) (and the amendments made by that Act); and
``(iii) the internal controls conducted under section 3512 of title
31.
``(2) Any significant deficiency in a policy, procedure, or practice
identified under paragraph (1) shall be reported as a material weakness
in reporting required under the applicable provision of law under
paragraph (1).
``(d)(1) In addition to the requirements of subsection (c), each
agency, in consultation with the Chief Information Officer, shall
include as part of the performance plan required under section 1115 of
title 31 a description of--
``(A) the time periods, and
``(B) the resources, including budget, staffing, and training,
which are necessary to implement the program required under subsection
(b)(1).
``(2) The description under paragraph (1) shall be based on the risk
assessment required under subsection (b)(2)(A).
``3535. Annual independent evaluation
``(a)(1) Each year each agency shall have performed an independent
evaluation of the information security program and practices of that
agency.
``(2) Each evaluation by an agency under this section shall include--
``(A) testing of the effectiveness of information security control
techniques for an appropriate subset of the agency's information
systems; and
``(B) an assessment (made on the basis of the results of the
testing) of the compliance with--
``(i) the requirements of this subchapter; and
``(ii) related information security policies, procedures, standards,
and guidelines.
``(3) The Inspector General or the independent evaluator performing
an evaluation under this section may use an audit, evaluation, or report
relating to programs or practices of the applicable agency.
``(b)(1)(A) Subject to subparagraph (B), for agencies with Inspectors
General appointed under the Inspector General Act of 1978 (5 U.S.C.
App.) or any other law, the annual evaluation required under this
section or, in the case of systems described under subparagraphs (A) and
(B) of section 3532(b)(2), an audit of the annual evaluation required
under this section, shall be performed by the Inspector General or by an
independent evaluator, as determined by the Inspector General of the
agency.
``(B) For systems described under subparagraphs (A) and (B) of
section 3532(b)(2), the evaluation required under this section shall be
performed only by an entity designated by the Secretary of Defense, the
Director of Central Intelligence, or another agency head as designated
by the President.
``(2) For any agency to which paragraph (1) does not apply, the head
of the agency shall contract with an independent evaluator to perform
the evaluation.
``(c) Each year, not later than the anniversary of the date of the
enactment of this subchapter, the applicable agency head shall submit to
the Director--
``(1) the results of each evaluation required under this section,
other than an evaluation of a system described under subparagraph (A) or
(B) of section 3532(b)(2); and
``(2) the results of each audit of an evaluation required under this
section of a system described under subparagraph (A) or (B) of section
3532(b)(2).
``(d)(1) The Director shall submit to Congress each year a report
summarizing the materials received from agencies pursuant to subsection
(c) in that year.
``(2) Evaluations and audits of evaluations of systems under the
authority and control of the Director of Central Intelligence and
evaluations and audits of evaluation of National Foreign Intelligence
Programs systems under the authority and control of the Secretary of
Defense shall be made available only to the appropriate oversight
committees of Congress, in accordance with applicable laws.
``(e) Agencies and evaluators shall take appropriate actions to
ensure the protection of information, the disclosure of which may
adversely affect information security. Such protections shall be
commensurate with the risk and comply with all applicable laws.
``3536. Expiration
``This subchapter shall not be in effect after the date that is two
years after the date on which this subchapter takes effect.''.
SEC. 1062. RESPONSIBILITIES OF CERTAIN AGENCIES.
(a) Department of Commerce.--Notwithstanding section 20 of the
National Institute of Standards and Technology Act (15 U.S.C. 278g 3)
and except as provided under subsection (b), the Secretary of Commerce,
through the National Institute of Standards and Technology and with
technical assistance from the National Security Agency, as required or
when requested, shall--
(1) develop, issue, review, and update standards and guidance for
the security of Federal information systems, including development of
methods and techniques for security systems and validation programs;
(2) develop, issue, review, and update guidelines for training in
computer security awareness and accepted computer security practices,
with assistance from the Office of Personnel Management;
(3) provide agencies with guidance for security planning to assist
in the development of applications and system security plans for such
agencies;
(4) provide guidance and assistance to agencies concerning
cost-effective controls when interconnecting with other systems; and
(5) evaluate information technologies to assess security
vulnerabilities and alert Federal agencies of such vulnerabilities as
soon as those vulnerabilities are known.
(b) Department of Defense and the Intelligence Community.--
(1) In general.--Notwithstanding any other provision of this
subtitle (including any amendment made by this subtitle)--
(A) the Secretary of Defense, the Director of Central Intelligence,
and another agency head as designated by the President, shall,
consistent with their respective authorities--
(i) develop and issue information security policies, standards, and
guidelines for systems described under subparagraphs (A) and (B) of
section 3532(b)(2) of title 44, United States Code (as added by section
1061 of this Act), that provide more stringent protection, to the
maximum extent practicable, than the policies, principles, standards,
and guidelines required under section 353 of such title (as added by
such section 1061); and
(ii) ensure the implementation of the information security policies,
principles, standards, and guidelines described under clause (i); and
(B) the Secretary of Defense shall, consistent with his authority--
(i) develop and issue information security policies, standards, and
guidelines for systems described under subparagraph (C) of section
3532(b)(2) of title 44, United States Code (as added by section 1061 of
this Act), that are operated by the Department of Defense, a contractor
of the Department of Defense, or another entity on behalf of the
Department of Defense that provide more stringent protection, to the
maximum extent practicable, than the policies, principles, standards,
and guidelines required under section 3533 of such title (as added by
such section 1061); and
(ii) ensure the implementation of the information security policies,
principles, standards, and guidelines described under clause (i).
(2) Measures addressed.--The policies, principles, standards, and
guidelines developed by the Secretary of Defense and the Director of
Central Intelligence under paragraph (1) shall address the full range of
information assurance measures needed to protect and defend Federal
information and information systems by ensuring their integrity,
confidentiality, authenticity, availability, and nonrepudiation.
(c) Department of Justice.--The Attorney General shall review and
update guidance to agencies on--
(1) legal remedies regarding security incidents and ways to report
to and work with law enforcement agencies concerning such incidents; and
(2) lawful uses of security techniques and technologies.
(d) General Services Administration.--The Administrator of General
Services shall--
(1) review and update General Services Administration guidance to
agencies on addressing security considerations when acquiring
information technology; and
(2) assist agencies in--
(A) fulfilling agency responsibilities under section 3534(b)(2)(F)
of title 44, United States Code (as added by section 1061 of this Act);
and
(B) the acquisition of cost-effective security products, services,
and incident response capabilities.
(e) Office of Personnel Management.--The Director of the Office of
Personnel Management shall--
(1) review and update Office of Personnel Management regulations
concerning computer security training for Federal civilian employees;
(2) assist the Department of Commerce in updating and maintaining
guidelines for training in computer security awareness and computer
security best practices; and
(3) work with the National Science Foundation and other agencies on
personnel and training initiatives (including scholarships and
fellowships, as authorized by law) as necessary to ensure that the
Federal Government--
(A) has adequate sources of continuing information security
education and training available for employees; and
(B) has an adequate supply of qualified information security
professionals to meet agency needs.
(f) Information Security Policies, Principles, Standards, and
Guidelines.--
(1) Adoption of policies, principles, standards, and guidelines of
other agencies.--The policies, principles, standards, and guidelines
developed under subsection (b) by the Secretary of Defense, the Director
of Central Intelligence, and another agency head as designated by the
President may be adopted, to the extent that such policies are
consistent with policies and guidance developed by the Director of the
Office of Management and Budget and the Secretary of Commerce--
(A) by the Director of the Office of Management and Budget, as
appropriate, for application to the mission critical systems of all
agencies; or
(B) by an agency head, as appropriate, for application to the
mission critical systems of that agency.
(2) Development of more stringent policies, principles, standards,
and guidelines.--To the extent that such policies are consistent with
policies and guidance developed by the Director of the Office of
Management and Budget and the Secretary of Commerce, an agency may
develop and implement information security policies, principles,
standards, and guidelines that provide more stringent protection than
those required under section 3533 of title 44, United States Code (as
added by section 1061 of this Act), or subsection (a) of this section.
(g) Atomic Energy Act of 1954.--Nothing in this subtitle (including
any amendment made by this subtitle) shall supersede any requirement
made by, or under, the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.). Restricted Data or Formerly Restricted Data shall be handled,
protected, classified, downgraded, and declassified in conformity with
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
SEC. 1063. RELATIONSHIP OF DEFENSE INFORMATION ASSURANCE
PROGRAM TO GOVERNMENT-WIDE INFORMATION SECURITY PROGRAM.
(a) Consistency of Requirements.--Subsection (b) of section 2224 of
title 10, United States Code, is amended--
(1) by striking ``(b) Objectives of the Program.--'' and inserting
``(b) Objectives and Minimum Requirements.--(1)''; and
(2) by adding at the end the following:
``(2) The program shall at a minimum meet the requirements of
sections 3534 and 3535 of title 44.''.
(b) Addition to Annual Report.--Subsection (e) of such section is
amended by adding at the end the following new paragraph:
``(7) A summary of the actions taken in the administration of
sections 3534 and 3535 of title 44 within the Department of Defense.''.
SEC. 1064. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Sections.--Chapter 35 of title 44, United States Code,
is amended--
(1) in the table of sections--
(A) by inserting after the chapter heading the following:
``SUBCHAPTER I--FEDERAL INFORMATION POLICY'';
and
(B) by inserting after the item relating to section 3520 the
following:
``SUBCHAPTER II--INFORMATION SECURITY
``Sec.
``3531. Purposes.
``3532. Definitions.
``3533. Authority and functions of the Director.
``3534. Federal agency responsibilities.
``3535. Annual independent evaluation.
``3536. Expiration.'';
and
(2) by inserting before section 3501 the following:
``SUBCHAPTER I--FEDERAL INFORMATION POLICY''.
(b) References to Chapter 35 .--Sections 3501 through 3520 of title
44, United States Code, are amended by striking ``chapter'' each place
it appears and inserting ``subchapter'', except in section 3507(i)(1) of
such title.
SEC. 1065. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect 30 days after the date of enactment of this Act.
Subtitle H--Security Matters
SEC. 1071. LIMITATION ON GRANTING OF SECURITY CLEARANCES.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``986. Security clearances: limitations
``(a) Prohibition.--After the date of the enactment of this section,
the Department of Defense may not grant or renew a security clearance
for a person to whom this section applies who is described in subsection
(c).
``(b) Covered Persons.--This section applies to the following
persons:
``(1) An officer or employee of the Department of Defense.
``(2) A member of the Army, Navy, Air Force, or Marine Corps who is
on active duty or is in an active status.
``(3) An officer or employee of a contractor of the Department of
Defense.
``(c) Persons Disqualified From Being Granted Security Clearances.--A
person is described in this subsection if any of the following applies
to that person:
``(1) The person has been convicted in any court of the United
States of a crime and sentenced to imprisonment for a term exceeding one
year.
``(2) The person is an unlawful user of, or is addicted to, a
controlled substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)).
``(3) The person is mentally incompetent, as determined by a mental
health professional approved by the Department of Defense.
``(4) The person has been discharged or dismissed from the Armed
Forces under dishonorable conditions.
``(d) Waiver Authority.--In a meritorious case, the Secretary of
Defense or the Secretary of the military department concerned may
authorize an exception to the prohibition in subsection (a) for a person
described in paragraph (1) or (4) of subsection (c). The authority under
the preceding sentence may not be delegated.
``(e) Annual Report.--Not later than February 1 each year, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report identifying each waiver
issued under subsection (d) during the preceding year with an
explanation for each case of the disqualifying factor in subsection (c)
that applied, and the reason for the waiver of the disqualification.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``986. Security clearances: limitations.''.
SEC. 1072. PROCESS FOR PRIORITIZING BACKGROUND INVESTIGATIONS
FOR SECURITY CLEARANCES FOR DEPARTMENT OF DEFENSE PERSONNEL AND DEFENSE
CONTRACTOR PERSONNEL.
(a) Establishment of Process.--Chapter 80 of title 10, United States
Code, is amended by adding after section 1563, as added by section
542(a), the following new section:
``1564. Security clearance investigations
``(a) Expedited Process.--The Secretary of Defense shall prescribe a
process for expediting the completion of the background investigations
necessary for granting security clearances for Department of Defense
personnel and Department of Defense contractor personnel who are engaged
in sensitive duties that are critical to the national security.
``(b) Required Features.--The process developed under subsection (a)
shall provide for the following:
``(1) Quantification of the requirements for background
investigations necessary for grants of security clearances for
Department of Defense personnel and Department of Defense contractor
personnel.
``(2) Categorization of personnel on the basis of the degree of
sensitivity of their duties and the extent to which those duties are
critical to the national security.
``(3) Prioritization of the processing of background investigations
on the basis of the categories of personnel determined under paragraph
(2).
``(c) Annual Review.--The Secretary shall conduct an annual review of
the process prescribed under subsection (a) and shall revise that
process as determined necessary in relation to ongoing Department of
Defense missions.
``(d) Consultation Requirement.--The Secretary shall consult with the
Secretaries of the military departments and the heads of Defense
Agencies in carrying out this section.
``(e) Sensitive Duties.--For the purposes of this section, it is not
necessary for the performance of duties to involve classified activities
or classified matters in order for the duties to be considered sensitive
and critical to the national security.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1563, as added by section 542(b), the following new item:
``1564. Security clearance investigations.''.
(c) Deadline for Prescribing Process for Prioritizing Background
Investigations for Security Clearances.--The process required by section
1564(a) of title 10, United States Code, as added by subsection (a), for
expediting the completion of the background investigations necessary for
granting security clearances for certain persons shall be prescribed not
later than January 1, 2001.
SEC. 1073. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE INFORMATION
FROM PUBLIC DISCLOSURE.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130b the following new section:
``130c. Nondisclosure of information: certain sensitive
information of foreign governments and international organizations
``(a) Exemption From Disclosure.--The national security official
concerned (as defined in subsection (h)) may withhold from public
disclosure otherwise required by law sensitive information of foreign
governments in accordance with this section.
``(b) Information Eligible for Exemption.--For the purposes of this
section, information is sensitive information of a foreign government
only if the national security official concerned makes each of the
following determinations with respect to the information:
``(1) That the information was provided by, otherwise made available
by, or produced in cooperation with, a foreign government or
international organization.
``(2) That the foreign government or international organization is
withholding the information from public disclosure (relying for that
determination on the written representation of the foreign government or
international organization to that effect).
``(3) That any of the following conditions are met:
``(A) The foreign government or international organization requests,
in writing, that the information be withheld.
``(B) The information was provided or made available to the United
States Government on the condition that it not be released to the
public.
``(C) The information is an item of information, or is in a category
of information, that the national security official concerned has
specified in regulations prescribed under subsection (f) as being
information the release of which would have an adverse effect on the
ability of the United States Government to obtain the same or similar
information in the future.
``(c) Information of Other Agencies.--If the national security
official concerned provides to the head of another agency sensitive
information of a foreign government, as determined by that national
security official under subsection (b), and informs the head of the
other agency of that determination, then the head of the other agency
shall withhold the information from any public disclosure unless that
national security official specifically authorizes the disclosure.
``(d) Limitations.--(1) If a request for disclosure covers any
sensitive information of a foreign government (as described in
subsection (b)) that came into the possession or under the control of
the United States Government before the date of the enactment of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
and more than 25 years before the request is received by an agency, the
information may be withheld only as set forth in paragraph (3).
``(2)(A) If a request for disclosure covers any sensitive information
of a foreign government (as described in subsection (b)) that came into
the possession or under the control of the United States Government on
or after the date referred to in paragraph (1), the authority to
withhold the information under this section is subject to the provisions
of subparagraphs (B) and (C).
``(B) Information referred to in subparagraph (A) may not be withheld
under this section after--
``(i) the date that is specified by a foreign government or
international organization in a request or expression of a condition
described in paragraph (1) or (2) of subsection (b) that is made by the
foreign government or international organization concerning the
information; or
``(ii) if there are more than one such foreign governments or
international organizations, the latest date so specified by any of
them.
``(C) If no date is applicable under subparagraph (B) to a request
referred to in subparagraph (A) and the information referred to in that
subparagraph came into possession or under the control of the United
States more than 10 years before the date on which the request is
received by an agency, the information may be withheld under this
section only as set forth in paragraph (3).
``(3) Information referred to in paragraph (1) or (2)(C) may be
withheld under this section in the case of a request for disclosure only
if, upon the notification of each foreign government and international
organization concerned in accordance with the regulations prescribed
under subsection (g)(2), any such government or organization requests in
writing that the information not be disclosed for an additional period
stated in the request of that government or organization. After the
national security official concerned considers the request of the
foreign government or international organization, the official shall
designate a later date as the date after which the information is not to
be withheld under this section. The later date may be extended in
accordance with a later request of any such foreign government or
international organization under this paragraph.
``(e) Information Protected Under Other Authority.--This section does
not apply to information or matters that are specifically required in
the interest of national defense or foreign policy to be protected
against unauthorized disclosure under criteria established by an
Executive order and are classified, properly, at the confidential,
secret, or top secret level pursuant to such Executive order.
``(f) Disclosures Not Affected.--Nothing in this section shall be
construed to authorize any official to withhold, or to authorize the
withholding of, information from the following:
``(1) Congress.
``(2) The Comptroller General, unless the information relates to
activities that the President designates as foreign intelligence or
counterintelligence activities.
``(g) Regulations.--(1) The national security officials referred to
in subsection (h)(1) shall each prescribe regulations to carry out this
section. The regulations shall include criteria for making the
determinations required under subsection (b). The regulations may
provide for controls on access to and use of, and special markings and
specific safeguards for, a category or categories of information subject
to this section.
``(2) The regulations shall include procedures for notifying and
consulting with each foreign government or international organization
concerned about requests for disclosure of information to which this
section applies.
``(h) Definitions.--In this section:
``(1) The term `national security official concerned' means the
following:
``(A) The Secretary of Defense, with respect to information of
concern to the Department of Defense, as determined by the Secretary.
``(B) The Secretary of Transportation, with respect to information
of concern to the Coast Guard, as determined by the Secretary, but only
while the Coast Guard is not operating as a service in the Navy.
``(C) The Secretary of Energy, with respect to information
concerning the national security programs of the Department of Energy,
as determined by the Secretary.
``(2) The term `agency' has the meaning given that term in section
552(f) of title 5.
``(3) The term `international organization' means the following:
``(A) A public international organization designated pursuant to
section 1 of the International Organizations Immunities Act (59 Stat.
669; 22 U.S.C. 288) as being entitled to enjoy the privileges,
exemptions, and immunities provided in such Act.
``(B) A public international organization created pursuant to a
treaty or other international agreement as an instrument through or by
which two or more foreign governments engage in some aspect of their
conduct of international affairs.
``(C) An official mission, except a United States mission, to a
public international organization referred to in subparagraph (A) or
(B).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
130b the following new item:
``130c. Nondisclosure of information: certain sensitive
information of foreign governments and international organizations.''.
SEC. 1074. EXPANSION OF AUTHORITY TO EXEMPT GEODETIC PRODUCTS
OF THE DEPARTMENT OF DEFENSE FROM PUBLIC DISCLOSURE.
Section 455(b)(1)(C) of title 10, United States Code, is amended by
striking ``or reveal military operational or contingency plans'' and
inserting ``, reveal military operational or contingency plans, or
reveal, jeopardize, or compromise military or intelligence
capabilities''.
SEC. 1075. EXPENDITURES FOR DECLASSIFICATION ACTIVITIES.
(a) Identification in Budget Materials of Amounts for
Declassification Activities.--Section 230 of title 10, United States
Code, is amended--
(1) by striking ``, as a budgetary line item,''; and
(2) by adding at the end the following new sentence:
``Identification of such amounts in such budget justification materials
shall be in a single display that shows the total amount for the
Department of Defense and the amount for each military department and
Defense Agency.''.
(b) Limitation on Expenditures.--The total amount expended by the
Department of Defense during fiscal year 2001 to carry out
declassification activities under the provisions of sections 3.4, 3.5,
and 3.6 of Executive Order 12958 (50 U.S.C. 435 note) and for special
searches (including costs for document search, copying, and review and
imagery analysis) may not exceed $30,000,000.
(c) Compilation and Organization of Records.--The Department of
Defense may not be required, when conducting a special search, to
compile or organize records that have already been declassified and
placed into the public domain.
(d) Special Searches.--For the purpose of this section, the term
``special search'' means the response of the Department of Defense to
any of the following:
(1) A statutory requirement to conduct a declassification review on
a specified set of agency records.
(2) An Executive order to conduct a declassification review on a
specified set of agency records.
(3) An order from the President or an official with delegated
authority from the President to conduct a declassification review on a
specified set of agency records.
SEC. 1076. ENHANCED ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION FOR NATIONAL SECURITY AND OTHER PURPOSES.
(a) Coverage of Department of Transportation.--Section 9101 of title
5, United States Code, is amended--
(1) by adding at the end of subsection (a) the following new
paragraph:
``(6) The term `covered agency' means any of the following:
``(A) The Department of Defense.
``(B) The Department of State.
``(C) The Department of Transportation.
``(D) The Office of Personnel Management.
``(E) The Central Intelligence Agency.
``(F) The Federal Bureau of Investigation.'';
(2) in subsection (b)(1)--
(A) by striking ``by the Department of Defense'' and all that
follows through ``Federal Bureau of Investigation'' and inserting ``by
the head of a covered agency''; and
(B) by striking ``such department, office, agency, or bureau'' and
inserting ``that covered agency''; and
(3) in subsection (c), by striking ``The Department of Defense'' and
all that follows through ``Federal Bureau of Investigation'' and
inserting ``A covered agency''.
(b) Repeal of Expired Provision.--Subsection (b) of such section is
amended by striking paragraph (3).
(c) Expanded Purposes for Access to Criminal History
Information.--Subsection (b) of such section is further amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) in the first sentence of paragraph (1)--
(A) by inserting ``any of the following:'' after ``eligibility
for''; and
(B) by striking ``(A) access to classified information'' and all
that follows through the end of the sentence and inserting the
following:
``(A) Access to classified information.
``(B) Assignment to or retention in sensitive national security
duties.
``(C) Acceptance or retention in the armed forces.
``(D) Appointment, retention, or assignment to a position of public
trust or a critical or sensitive position while either employed by the
Government or performing a Government contract.'';
(3) by designating the second sentence of paragraph (1) as paragraph
(2); and
(4) by designating the third sentence of paragraph (1) as paragraph
(3) and in that sentence by striking ``, nor shall'' and all that
follows through the end of the sentence and inserting a period.
(d) Use of Automated Information Delivery Systems.--Such section is
further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection
(e):
``(e)(1) Automated information delivery systems shall be used to
provide criminal history record information to a covered agency under
subsection (b) whenever available.
``(2) Fees, if any, charged for automated access through such systems
may not exceed the reasonable cost of providing such access.
``(3) The criminal justice agency providing the criminal history
record information through such systems may not limit disclosure on the
basis that the repository is accessed from outside the State.
``(4) Information provided through such systems shall be the full and
complete criminal history record.
``(5) Criminal justice agencies shall accept and respond to requests
for criminal history record information through such systems with
printed or photocopied records when requested.''.
(e) Technical Amendments.--Subsection (a) of such section is
amended--
(1) in paragraph (1), by striking ``includes'' and all that follows
through ``thereof which'' and inserting ``means (A) any Federal, State,
or local court, and (B) any Federal, State, or local agency, or any
subunit thereof, which''; and
(2) in paragraph (4)--
(A) by inserting ``the Commonwealth of'' before ``the Northern
Mariana Islands''; and
(B) by striking ``the Trust Territory of the Pacific Islands,'.
(f) Conforming Amendments.--(1)(A) The heading for chapter 91 of
title 5, United States Code, is amended to read as follows:
``CHAPTER 91--ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY
AND OTHER PURPOSES''.
(B) The item relating to chapter 91 in the table of chapters at the
beginning of part III of such title is amended to read as follows:
``91. Access to Criminal History Records for National Security
and Other Purposes
9101''.
(2)(A) The heading of section 9101 of such title is amended to read
as follows:
``9101. Access to criminal history records for national
security and other purposes''.
(B) The item relating to that section in the table of sections at the
beginning of chapter 91 of such title is amended to read as follows:
``9101. Access to criminal history records for national security
and other purposes.''.
(g) Repeal of Superseded Provision.--(1) Section 520a of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 31 of such
title is amended by striking the item relating to section 520a.
SEC. 1077. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN
COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION
ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended in the
second sentence by striking ``December 31, 2000'' and inserting
``December 31, 2002''.
SEC. 1078. COORDINATION OF NUCLEAR WEAPONS SECRECY POLICIES
AND CONSIDERATION OF HEALTH OF WORKERS AT FORMER DEPARTMENT OF DEFENSE
NUCLEAR FACILITIES.
(a) Review of Secrecy Policies.--(1) The Secretary of Defense shall
review classification and security policies of the Department of Defense
in order to ensure that, within appropriate national security
constraints, those policies do not prevent or discourage former defense
nuclear weapons facility employees who may have been exposed to
radioactive or other hazardous substances associated with nuclear
weapons from discussing such exposures with appropriate health care
providers and with other appropriate officials.
(2) The policies reviewed under paragraph (1) shall include the
policy to neither confirm nor deny the presence of nuclear weapons as
that policy is applied to former defense nuclear weapons facilities.
(b) Definitions.--For purposes of this section:
(1) The term ``former defense nuclear weapons facility employees''
means employees and former employees of the Department of Defense who
are or were employed at a site that, as of the date of the enactment of
this Act, is a former defense nuclear weapons facility.
(2) The term ``former defense nuclear weapons facility'' means a
current or former Department of Defense site in the United States which
at one time was a defense nuclear weapons facility but which no longer
contains nuclear weapons or materials and otherwise is no longer used
for such purpose.
(3) The term ``defense nuclear weapons facility'' means a Department
of Defense site in the United States at which nuclear weapons or
materials are stored, assembled, disassembled, or maintained.
(c) Notification of Affected Employees.--(1) The Secretary of Defense
shall seek to identify individuals--
(A) who are former defense nuclear weapons facility employees; and
(B) who, while employed at a defense nuclear weapons facility, may
have been exposed to radioactive or hazardous substances associated with
nuclear weapons.
(2) Upon identification of any individual under paragraph (1), the
Secretary of Defense shall notify that individual, by mail or other
individual means, of any such exposure to radioactive or hazardous
substances associated with nuclear weapons that has been identified by
the Secretary. The notification shall include an explanation of how (or
the degree to which) that individual can discuss any such exposure with
a health care provider who does not hold a security clearance without
violating security or classification procedures and, if necessary,
provide guidance to facilitate the ability of that individual to contact
a health care provider with appropriate security clearances or otherwise
to discuss such exposures with other officials who are determined by the
Secretary of Defense to be appropriate.
(d) Report.--Not later than May 1, 2001, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
setting forth--
(1) the results of the review conducted under subsection (a),
including any changes made or recommendations for legislation; and
(2) the status of the notifications required by subsection (b) and
an anticipated date by which the identification and notification of
individuals under that subsection will be completed.
(e) Consultation With Secretary of Energy.--The Secretary of Defense
shall carry out the review under subsection (a) and the identification
of individuals under subsection (b), and shall prepare the report under
subsection (c), in consultation with the Secretary of Energy.
Subtitle I--Other Matters
SEC. 1081. FUNDS FOR ADMINISTRATIVE EXPENSES UNDER DEFENSE
EXPORT LOAN GUARANTEE PROGRAM.
(a) Authority To Use Operation and Maintenance Funds on an Interim
Basis.--Section 2540c(d) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after `` Fees.--''; and
(2) by adding at the end the following new paragraph:
``(2)(A) If for any fiscal year amounts in the special account
established under paragraph (1) are not available (or are not
anticipated to be available) in a sufficient amount for administrative
expenses of the Department of Defense for that fiscal year that are
directly attributable to the administration of the program under this
subchapter, the Secretary may use amounts currently available for
operations and maintenance for Defense-wide activities, not to exceed
$500,000 in any fiscal year, for those expenses.
``(B) The Secretary shall, from funds in the special account
established under paragraph (1), replenish operations and maintenance
accounts for amounts expended under subparagraph (A) as soon as the
Secretary determines practicable.''.
(b) Effective Date.--Paragraph (2) of section 2540c(d) of title 10,
United States Code, as added by subsection (a), shall take effect on
October 1, 2000.
(c) Limitation Pending Submission of Report.--The Secretary of
Defense may not exercise the authority provided by paragraph (2) of
section 2540c(d) of title 10, United States Code, as added by subsection
(a), until the Secretary submits to Congress a report on the operation
of the Defense Export Loan Guarantee Program under subchapter V of
chapter 148 of title 10, United States Code. The report shall include
the following:
(1) A discussion of the effectiveness of the loan guarantee program
in furthering the sale of United States defense articles, defense
services, and design and construction services to nations that are
specified in section 2540(b) of such title, to include a comparison of
the loan guarantee program with other United States Government programs
that are intended to contribute to the sale of United States defense
articles, defense services, and design and construction services and
other comparisons the Secretary determines to be appropriate.
(2) A discussion of the requirements and resources (including
personnel and funds) for continued administration of the loan guarantee
program by the Defense Department, to include--
(A) an itemization of the requirements necessary and resources
available (or that could be made available) to administer the loan
guarantee program for each of the following entities: the Defense
Security Cooperation Agency, the Department of Defense International
Cooperation Office, and other Defense Department agencies, offices, or
activities as the Secretary may specify; and
(B) for each such activity, agency, or office, a comparison of the
use of Defense Department personnel exclusively to administer, manage,
and oversee the program with the use of contracted commercial entities
to administer and manage the program.
(3) Any legislative recommendations that the Secretary believes
could improve the effectiveness of the program.
(4) A determination made by the Secretary of Defense indicating
which Defense Department agency, office, or other activity should
administer, manage, and oversee the loan guarantee program to increase
sales of United States defense articles, defense services, and design
and construction services, such determination to be made based on the
information and analysis provided in the report.
SEC. 1082. TRANSIT PASS PROGRAM FOR DEPARTMENT OF DEFENSE
PERSONNEL IN POOR AIR QUALITY AREAS.
(a) In General.--(1) Chapter 134 of title 10, United States Code, is
amended by adding at the end the following new section:
``2259. Transit pass program: personnel in poor air quality areas
``(a) Establishment of Program.--To encourage Department of Defense
personnel assigned to duty, or employed, in poor air quality areas to
use means other than single-occupancy motor vehicles to commute to or
from the location of their duty assignments, the Secretary of Defense
shall exercise the authority provided in section 7905 of title 5 to
establish a program to provide a transit pass benefit under subsection
(b)(2)(A) of that section for members of the Army, Navy, Air Force, and
Marine Corps who are assigned to duty, and to Department of Defense
civilian officers and employees who are employed, in a poor air quality
area.
``(b) Poor Air Quality Areas.--In this section, the term `poor air
quality area' means an area--
``(1) that is subject to the national ambient air quality standards
promulgated by the Administrator of the Environmental Protection Agency
under section 109 of the Clean Air Act (42 U.S.C. 7409); and
``(2) that, as determined by the Administrator of the Environmental
Protection Agency, is a nonattainment area with respect to any of those
standards.''.
(2) The table of sections at the beginning of subchapter II of such
chapter is amended by adding at the end the following new item:
``2259. Transit pass program: personnel in poor air quality areas.''.
(b) Time for Implementation.--The Secretary of Defense shall
prescribe the effective date for the transit pass program required under
section 2259 of title 10, United States Code, as added by subsection
(a). The effective date so prescribed may not be later than the first
day of the first month that begins on or after the date that is 180 days
after the date of the enactment of this Act.
SEC. 1083. TRANSFER OF VIETNAM ERA TA 4 AIRCRAFT TO NONPROFIT
FOUNDATION.
(a) Authority to Convey.--The Secretary of the Navy may convey,
without consideration, to the nonprofit Collings Foundation of Stow,
Massachusetts (in this section referred to as the ``foundation''), all
right, title, and interest of the United States in and to one surplus TA
4 aircraft that is flyable or that can be readily restored to flyable
condition. The conveyance shall be made by means of a conditional deed
of gift.
(b) Condition of Aircraft.--(1) The Secretary may not convey
ownership of an aircraft under subsection (a) until the Secretary
determines that the foundation has altered the aircraft in such manner
as the Secretary determines necessary to ensure that the aircraft does
not have any capability for use as a platform for launching or releasing
munitions or any other combat capability that it was designed to have.
The foundation shall complete any such alteration within one year after
the date of the enactment of this Act.
(2) The Secretary is not required to repair or alter the condition of
the aircraft before conveying ownership of the aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary shall include
in the instrument of conveyance of the aircraft--
(1) a condition that the foundation not convey any ownership
interest in, or transfer possession of, the aircraft to any other party
without the prior approval of the Secretary;
(2) a condition that the foundation operate and maintain the
aircraft in compliance with all applicable limitations and maintenance
requirements imposed by the Administrator of the Federal Aviation
Administration; and
(3) a condition that if the Secretary determines at any time that
the foundation has conveyed an ownership interest in, or transferred
possession of, the aircraft to any other party without the prior
approval of the Secretary, or has failed to comply with the condition
set forth in paragraph (2), all right, title, and interest in and to the
aircraft, including any repair or alteration of the aircraft, shall
revert to the United States, and the United States shall have the right
of immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The conveyance of
the aircraft under subsection (a) shall be made at no cost to the United
States. Any costs associated with the conveyance, costs of determining
compliance with subsection (b), and costs of operation and maintenance
of the aircraft conveyed shall be borne by the foundation.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.
(f) Clarification of Liability.--Notwithstanding any other provision
of law, upon the conveyance of ownership of a TA 4 aircraft to the
foundation under subsection (a), the United States shall not be liable
for any death, injury, loss, or damage that results from any use of that
aircraft by any person other than the United States.
SEC. 1084. TRANSFER OF 19TH CENTURY CANNON TO MUSEUM.
(a) Donation Required.--The Secretary of the Army shall convey,
without consideration, to the Friends of the Cannonball House,
Incorporated (in this section referred to as the ``recipient''), which
is a nonprofit corporation that operates the Cannonball House Museum in
Macon, Georgia, all right, title, and interest of the United States in
and to a 12-pounder Napoleon cannon bearing the following markings:
(1) On the top ``CS''.
(2) On the face of the muzzle: ``Macon Arsenal, 1864/No.41/1164 ET''.
(3) On the right trunnion: ``Macon Arsenal
GEO/1864/No.41/WT.1164/E.T.''.
(b) Additional Terms and Conditions on Conveyance.--The Secretary of
the Army shall include in the instrument of conveyance of the cannon
under subsection (a)--
(1) a condition that the recipient not convey any ownership interest
in, or transfer possession of, the cannon to any other party without the
prior approval of the Secretary; and
(2) a condition that if the Secretary determines at any time that
the recipient has conveyed an ownership interest in, or transferred
possession of, the cannon to any other party without the prior approval
of the Secretary, all right, title, and interest in and to the cannon
shall revert to the United States, and the United States shall have the
right of immediate possession of the cannon.
(c) Relationship to Other Law.--The conveyance required under this
section may be carried out without regard to the Act entitled ``An Act
for the preservation of American antiquities'', approved June 8, 1906
(16 U.S.C. 431 et seq.), popularly referred to as the ``Antiquities Act
of 1906''.
(d) Acquisition of Replacement Macon Cannon.--If the Secretary of the
Army determines that the Army's inventory of Civil War era cannons
should include an additional cannon documented as having been
manufactured in Macon, Georgia, to replace the cannon conveyed under
subsection (a), the Secretary may acquire such a cannon by donation or
purchase with funds made available for this purpose.
SEC. 1085. FEES FOR PROVIDING HISTORICAL INFORMATION TO THE PUBLIC.
(a) Army.--(1) Chapter 437 of title 10, United States Code, is
amended by adding at the end the following new section:
``4595. Army Military History Institute: fee for providing
historical information to the public
``(a) Authority.--Except as provided in subsection (b), the Secretary
of the Army may charge a person a fee for providing the person with
information from the United States Army Military History Institute that
is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests to carry
out a duty as a member of the armed forces or an officer or employee of
the United States; or
``(2) for a release of information under section 552 of title 5.
``(c) Limitation on Amount.--A fee charged for providing information
under this section may not exceed the cost of providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of providing
information to the public from the United States Army Military History
Institute during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Army Military History Institute' means
the archive for historical records and materials of the Army that the
Secretary of the Army designates as the primary archive for such records
and materials.
``(2) The terms `officer of the United States' and `employee of the
United States' have the meanings given the terms `officer' and
`employee', respectively, in sections 2104 and 2105, respectively, of
title 5.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``4595. Army Military History Institute: fee for providing
historical information to the public.''.
(b) Navy.--(1) Chapter 649 of such title is amended by adding at the
end the following new section:
``7582. Naval and Marine Corps Historical Centers: fee for
providing historical information to the public
``(a) Authority.--Except as provided in subsection (b), the Secretary
of the Navy may charge a person a fee for providing the person with
information from the United States Naval Historical Center or the Marine
Corps Historical Center that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests to carry
out a duty as a member of the armed forces or an officer or employee of
the United States; or
``(2) for a release of information under section 552 of title 5.
``(c) Limitation on Amount.--A fee charged for providing information
under this section may not exceed the cost of providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information from the United States Naval Historical Center or
the Marine Corps Historical Center in any fiscal year shall be credited
to the appropriation or appropriations charged the costs of providing
information to the public from that historical center during that fiscal
year.
``(e) Definitions.--In this section:
``(1) The term `United States Naval Historical Center' means the
archive for historical records and materials of the Navy that the
Secretary of the Navy designates as the primary archive for such records
and materials.
``(2) The term `Marine Corps Historical Center' means the archive
for historical records and materials of the Marine Corps that the
Secretary of the Navy designates as the primary archive for such records
and materials.
``(3) The terms `officer of the United States' and `employee of the
United States' have the meanings given the terms `officer' and
`employee', respectively, in sections 2104 and 2105, respectively, of
title 5.''.
(2) The heading of such chapter is amended by striking `` RELATED''.
(3)(A) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7582. Naval and Marine Corps Historical Centers: fee for
providing historical information to the public.''.
(B) The item relating to such chapter in the tables of chapters at
the beginning of subtitle C of such title and the beginning of part IV
of such subtitle is amended by striking out ``Related''.
(c) Air Force.--(1) Chapter 937 of such title is amended by adding at
the end the following new section:
``9594. Air Force Military History Institute: fee for
providing historical information to the public
``(a) Authority.--Except as provided in subsection (b), the Secretary
of the Air Force may charge a person a fee for providing the person with
information from the United States Air Force Military History Institute
that is requested by that person.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests to carry
out a duty as a member of the armed forces or an officer or employee of
the United States; or
``(2) for a release of information under section 552 of title 5.
``(c) Limitation on Amount.--A fee charged for providing information
under this section may not exceed the cost of providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of providing
information to the public from the United States Air Force Military
History Institute during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Air Force Military History Institute'
means the archive for historical records and materials of the Air Force
that the Secretary of the Air Force designates as the primary archive
for such records and materials.
``(2) The terms `officer of the United States' and `employee of the
United States' have the meanings given the terms `officer' and
`employee', respectively, in sections 2104 and 2105, respectively, of
title 5.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``9594. Air Force Military History Institute: fee for providing
historical information to the public.''.
SEC. 1086. GRANTS TO AMERICAN RED CROSS FOR ARMED FORCES
EMERGENCY SERVICES.
(a) Grants Authorized.--Subject to subsection (b), the Secretary of
Defense may make a grant to the American Red Cross in an amount not to
exceed $9,400,000 in each of fiscal years 2001, 2002, and 2003 for the
support of the Armed Forces Emergency Services program of the American
Red Cross.
(b) Matching Requirement.--The grant under subsection (a) for a
fiscal year may not be made until after the American Red Cross
Incorporated, certifies to the Secretary of Defense that the American
Red Cross will expend for the Armed Forces Emergency Services program
for that fiscal year funds, derived from non-Federal sources, in a total
amount that equals or exceeds the amount of the grant.
SEC. 1087. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 180(d) is amended by striking ``section 5376'' and
inserting ``section 5315''.
(2) Section 628(c)(2) is amended by striking ``section'' in the
second sentence after ``rather than the provisions of'' and inserting
``sections''.
(3) Section 702(b)(2) is amended by striking ``section 230(c)'' and
inserting ``section 203(c)''.
(4) Section 706(c) is amended--
(A) by striking ``(1)'' after ``(c)''; and
(B) by striking paragraph (2).
(5) Section 1074g is amended--
(A) in subsection (a)(6), by striking ``as part of the regulations
established'' and inserting ``in the regulations prescribed'';
(B) in subsection (a)(7), by striking ``not included on the uniform
formulary, but,'' and inserting ``that are not included on the uniform
formulary but that are'';
(C) in subsection (b)(1), by striking ``required by'' in the last
sentence and inserting ``prescribed under'';
(D) in subsection (d)(2), by striking ``Not later than'' and all
that follows through ``utilize'' and inserting ``Effective not later
than April 5, 2000, the Secretary shall use'';
(E) in subsection (e)--
(i) by striking ``Not later than April 1, 2000, the'' and inserting
``The''; and
(ii) by inserting ``in'' before ``the TRICARE'' and before ``the
national'';
(F) in subsection (f)--
(i) by striking ``As used in this section--'' and inserting ``In
this section:'';
(ii) by striking ``the'' at the beginning of paragraphs (1) and (2)
and inserting ``The''; and
(iii) by striking ``; and'' at the end of paragraph (1) and
inserting a period; and
(G) in subsection (g), by striking ``promulgate'' and inserting
``prescribe''.
(6) Section 1076c(b)(5)(C) is amended by striking ``pursuant to
subsection (i)(2) of such section''.
(7) Section 1095d(b) is amended by striking ``subparagraphs'' and
inserting ``subparagraph''.
(8) Section 1109(b) is amended by striking ``(1)'' before ``The
Secretaries''.
(9) Section 1142(b)(4) is amended by striking ``sections 1151, 1152,
and 1153 of this title'' and inserting ``sections 1152 and 1153 of this
title and the Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9301 et
seq.)''.
(10) Section 1448(b)(3)(E)(ii) is amended by striking the second
comma after ``October 16, 1998''.
(11) Section 1598 is amended--
(A) in subsection (d)(2), by inserting ``as in effect on October 4,
1999,'' after ``of this title,'' both places it appears; and
(B) in subsection (f), by inserting ``, as in effect on October 4,
1999,'' after ``of this title''.
(12) Section 2113(f) is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by designating the penultimate sentence and the last sentence of
paragraph (1) as paragraphs (2) and (3), respectively.
(13) Section 2401(b)(1)(B) is amended by striking ``Committees on
Appropriations'' and inserting ``Committee on Appropriations''.
(14) Section 2410j is amended--
(A) in subsection (f)(2), by inserting ``as in effect on October 4,
1999,'' after ``of this title,'' both places it appears; and
(B) in subsection (h), by inserting ``, as in effect on October 4,
1999,'' after ``of this title''.
(15) Section 2688 is amended by redesignating subsections (i) and
(j) as subsections (h) and (i), respectively.
(16) Section 2814(k) is amended by inserting ``and'' after
``Balanced Budget''.
(17) Sections 4357(e)(5), 6975(e)(5), and 9356(e)(5) are amended by
inserting a close parenthesis after ``80b 2)''.
(18) Section 5143(c)(2) is amended by striking ``has a grade'' and
inserting ``has the grade of''.
(19) Section 5144(c)(2) is amended by striking ``has a grade'' and
inserting ``has the grade of''.
(20) Section 10218 is amended--
(A) in subsections (a)(1), (b)(1), (b)(2)(A), and (b)(2)(B)(ii), by
striking ``the date of the enactment of this section'' each place it
appears and inserting ``October 5, 1999,'';
(B) in subsections (a)(3)(B)(i) and (b)(2)(B)(i), by striking ``the
end of the one-year period beginning on the date of the enactment of
this subsection'' and inserting ``October 5, 2000'';
(C) in subsection (b)(1), by striking ``six months after the date of
the enactment of this section'' and inserting ``April 5, 2000''; and
(D) in subsection (b)(3), by striking ``within six months of the
date of the enactment of this section'' and inserting ``during the
period beginning on October 5, 1999, and ending on April 5, 2000,''.
(21) Section 12552 is amended by inserting a period at the end.
(22) Section 18233a(b) is amended--
(A) in paragraph (1), by striking ``section 2805(c)(1)'' and
inserting ``section 2805(c)(1)(A)''; and
(B) in paragraph (2), by striking ``section 2805(c)(2)'' and
inserting ``section 2805(c)(1)(B)''.
(b) Title 37, United States Code.--Title 37, United States Code, is
amended as follows:
(1) Section 301b(j)(2) is amended by striking ``section
301a(a)(6)(A)'' and inserting ``section 301a(a)(6)(B)''.
(2) Section 403(f)(3) is amended by striking ``regulation'' and
inserting ``regulations''.
(3) Section 404(b)(2) is amended by striking ``section 402(e)'' and
inserting ``section 403(f)(3)''.
(4) The section 435 added by section 586(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65; 113 Stat.
638) is redesignated as section 436, and the item relating to that
section in the table of sections at the beginning of chapter 7 is
revised to conform to such redesignation.
(5) Section 1012 is amended by striking ``section 402(b)(3)'' and
inserting ``section 402(e)''.
(c) Public Law 106 65.--(1) Effective as of October 5, 1999, and as
if included therein as enacted, the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106 65; 113 Stat. 512 et seq) is
amended as follows:
(A) Section 578 is amended--
(i) in subsection (j) (113 Stat. 630), by striking ``Chapter 4'' and
inserting ``Chapter 7''; and
(ii) in subsection (k)(4) (113 Stat. 631), by striking ``chapter 4''
and inserting ``chapter 7''.
(B) Section 586(c)(2) (113 Stat. 639) is amended by striking
``relating to section 434'' and inserting ``added by section
578(k)(4)''.
(C) Section 601(c) (113 Stat. 645; 37 U.S.C. 1009 note) is amended--
(i) in the first table, relating to commissioned officers, by
striking ``$12,441.00'' in footnote 2 and inserting ``$12,488.70''; and
(ii) in the fourth table, relating to enlisted members, by striking
``$4,701.00'' in footnote 2 and inserting ``$4,719.00''.
(D) Section 657(a)(1)(A) (113 Stat. 668; 10 U.S.C. 1450 note) is
amended by striking ``August 21, 1983'' and inserting ``August 19,
1983''.
(2) In the case of any former spouse to whom paragraph (3) of section
1450(f) of title 10, United States Code, applies by reason of the
amendment made by paragraph (1)(D), the provisions of subsection (b) of
section 657 of the National Defense Authorization Act for Fiscal Year
2000 shall be applied by using the date of the enactment of this Act,
rather than the date of the enactment of that Act.
(d) Public Law 105 261.--Effective as of October 17, 1998, and as if
included therein as enacted, the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105 261; 112 Stat.
1920 et seq.) is amended as follows:
(1) Section 142 (112 Stat. 1943; 50 U.S.C. 1521 note) is amended--
(A) in subsection (e), by striking ``1521(f))'' and inserting ``1521
note)''; and
(B) by redesignating the second subsection (f) as subsection (g).
(2) Section 503(b)(1) (112 Stat. 2003) is amended by inserting
``its'' after ``record of'' in the first quoted matter therein.
(3) Section 645(b) (112 Stat. 2050) is amended by striking ``a
member'' and inserting ``member'' in the quoted matter therein.
(4) Section 701 (112 Stat. 2056) is amended--
(A) in subsection (a), by inserting ``(1)'' before ``Section
1076a(b)(2)''; and
(B) in subsection (b), by inserting ``of such title'' after ``1076a''.
(5) Section 802(b) (112 Stat. 2081) is amended by striking
``Administrative'' in the first quoted matter therein and inserting
``Administration''.
(6) Section 1101(e)(2)(C) (112 Stat. 2140; 5 U.S.C. 3104 note) is
amended by striking ``subsection (c)(1)'' and inserting ``subsection
(c)(2)''.
(7) Section 1405(k)(2) (112 Stat. 2170; 50 U.S.C. 2301 note) is
amended by striking ``subchapter'' and inserting ``chapter''.
(e) Public Law 105 85.--The National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105 85) is amended as follows:
(1) Section 602(d)(1)(A) (111 Stat. 1773; 37 U.S.C. 402 note) is
amended by striking ``of'' the first place it appears in the matter
preceding clause (i).
(2) Section 1221(a)(3) (22 U.S.C. 1928 note), as amended by section
1233(a)(2)(A) of Public Law 105 261 (112 Stat. 2156), is amended by
striking the second close parenthesis after ``relief efforts''.
(f) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Section 3329 is amended--
(A) in subsection (a), by striking ``such term'' and inserting ``the
term `military technician (dual status)'''; and
(B) in subsection (b), by striking ``section 1332 of title 10'' and
inserting ``section 12732 of title 10''.
(2) Section 5531 is amended by striking ``sections 5532 and'' in the
matter preceding paragraph (1) and inserting ``section''.
(3) Section 8116(a)(4) is amended by striking ``, subject to'' and
all that follows through ``United States Code''.
(4) Section 8339(g) is amended by striking ``the application of the
limitation in section 5532 of this title, or'' in the third sentence.
(5) Section 8344(h)(1) is amended by inserting ``(as in effect
before the repeal of that section by section 651(a) of Public Law 106
65)'' after ``section 5532(f)(2) of this title''.
(g) Other Laws.--
(1) Section 834(e) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking
the second period after ``2005''.
(2) Section 2905(b)(4) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101 510; 10 U.S.C. 2687
note) is amended by transferring subparagraph (G) so as to appear
immediately before subparagraph (H), as added by section 2821(a) of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106
65; 113 Stat. 853).
(3) Section 686(b) of title 14, United States Code, is amended--
(A) in paragraph (1), by striking ``section 403(b)'' and inserting
``section 403(e)''; and
(B) in paragraph (2), by striking ``a basic allowance for quarters
under section 403 of title 37, and, if in a high housing cost area, a
variable housing allowance under section 403a of that title'' and
inserting ``a basic allowance for housing under section 403 of title
37''.
(4) Chapter 701 of title 36, United States Code, relating to the
Federal charter of the Fleet Reserve Association, is amended in sections
70102(a) and 70108(a) by striking ``Delaware'' and inserting
``Pennsylvania''.
(5) Section 7426 of title 38, United States Code, is amended by
striking subsection (c).
(6) The item relating to chapter 112 in the table of chapters at the
beginning of subtitle II of title 46, United States Code, is amended by
revising the second and third words so that the initial letter of each
of those words is lower case.
(7) Section 405(f)(6)(B) of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
1999 (as contained in section 101(f) of division A of Public Law 105
277; 112 Stat. 2681 430), is amended by striking ``Act of title'' in the
first quoted matter therein and inserting ``Act or title''.
(8) Section 1403(c)(6) of the Defense Dependents' Education Act of
1978 (20 U.S.C. 922(c)(6)) is amended by striking ``the'' before
``Assistant Secretary of Defense''.
(9) Effective as of October 5, 1999, section 224 b. of the Atomic
Energy Act of 1954 (42 U.S.C. 2274(b)) is amended by striking
``$500,000'' and inserting ``$50,000''.
(h) Coordination With Other Amendments.--For purposes of applying
amendments made by provisions of this Act other than provisions of this
section, this section shall be treated as having been enacted
immediately before the other provisions of this Act.
SEC. 1088. MAXIMUM SIZE OF PARCEL POST PACKAGES TRANSPORTED
OVERSEAS FOR ARMED FORCES POST OFFICES.
Section 3401(b) of title 39, United States Code, is amended by
striking ``100 inches in length and girth combined'' in paragraphs (2)
and (3) and inserting ``the maximum size allowed by the Postal Service
for fourth class parcel post (known as `Standard Mail (B)')''.
SEC. 1089. SENSE OF CONGRESS REGARDING TAX TREATMENT OF
MEMBERS RECEIVING SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE FIRE OR
IMMINENT DANGER.
It is the sense of Congress that members of the Armed Forces who
receive special pay under section 310 of title 37, United States Code,
for duty subject to hostile fire or imminent danger should receive the
same treatment under Federal income tax laws as members serving in
combat zones.
SEC. 1090. ORGANIZATION AND MANAGEMENT OF CIVIL AIR PATROL.
(a) In General.--Chapter 909 of title 10, United States Code, is
amended to read as follows:
``CHAPTER 909--CIVIL AIR PATROL
``Sec.
``9441. Status as federally chartered corporation; purposes.
``9442. Status as volunteer civilian auxiliary of the Air Force.
``9443. Activities performed as federally chartered nonprofit
corporation.
``9444. Activities performed as auxiliary of the Air Force.
``9445. Funds appropriated for the Civil Air Patrol.
``9446. Miscellaneous personnel authorities.
``9447. Board of Governors.
``9448. Regulations.
``9441. Status as federally chartered corporation; purposes
``(a) Status.--(1) The Civil Air Patrol is a nonprofit corporation
that is federally chartered under section 40301 of title 36.
``(2) Except as provided in section 9442(b)(2) of this title, the
Civil Air Patrol is not an instrumentality of the Federal Government for
any purpose.
``(b) Purposes.--The purposes of the Civil Air Patrol are set forth
in section 40302 of title 36.
``9442. Status as volunteer civilian auxiliary of the Air Force
``(a) Volunteer Civilian Auxiliary.--The Civil Air Patrol is a
volunteer civilian auxiliary of the Air Force when the services of the
Civil Air Patrol are used by any department or agency in any branch of
the Federal Government.
``(b) Use by Air Force.--(1) The Secretary of the Air Force may use
the services of the Civil Air Patrol to fulfill the noncombat programs
and missions of the Department of the Air Force.
``(2) The Civil Air Patrol shall be deemed to be an instrumentality
of the United States with respect to any act or omission of the Civil
Air Patrol, including any member of the Civil Air Patrol, in carrying
out a mission assigned by the Secretary of the Air Force.
``9443. Activities performed as federally chartered nonprofit
corporation
``(a) Use of Federally Provided Resources.--In its status as a
federally chartered nonprofit corporation, the Civil Air Patrol may use
equipment, supplies, and other resources, including aircraft, motor
vehicles, computers, and communications equipment, provided to the Civil
Air Patrol by a department or agency of the Federal Government or
acquired by or for the Civil Air Patrol with appropriated funds (or with
funds of the Civil Air Patrol, but reimbursed from appropriated funds)--
``(1) to provide assistance requested by State or local governmental
authorities to perform disaster relief missions and activities, other
emergency missions and activities, and nonemergency missions and
activities; and
``(2) to fulfill its other purposes set forth in section 40302 of
title 36.
``(b) Use Subject to Applicable Laws.--The use of equipment,
supplies, or other resources under subsection (a) is subject to the laws
and regulations that govern the use by nonprofit corporations of
federally provided assets or of assets purchased with appropriated
funds, as the case may be.
``(c) Authority Not Contingent on Reimbursement.--The authority for
the Civil Air Patrol to provide assistance under subsection (a)(1) is
not contingent on the Civil Air Patrol being reimbursed for the cost of
providing the assistance. If the Civil Air Patrol elects to require
reimbursement for the provision of assistance under such subsection, the
Civil Air Patrol may establish the reimbursement rate at a rate less
than the rates charged by private sector sources for equivalent
services.
``(d) Liability Insurance.--The Secretary of the Air Force may
provide the Civil Air Patrol with funds for paying the cost of liability
insurance to cover missions and activities carried out under this
section.
``9444. Activities performed as auxiliary of the Air Force
``(a) Air Force Support for Activities.--The Secretary of the Air
Force may furnish to the Civil Air Patrol in accordance with this
section any equipment, supplies, and other resources that the Secretary
determines necessary to enable the Civil Air Patrol to fulfill the
missions assigned by the Secretary to the Civil Air Patrol as an
auxiliary of the Air Force.
``(b) Forms of Air Force Support.--The Secretary of the Air Force
may, under subsection (a)--
``(1) give, lend, or sell to the Civil Air Patrol without regard to
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.)--
``(A) major items of equipment (including aircraft, motor vehicles,
computers, and communications equipment) that are excess to the military
departments; and
``(B) necessary related supplies and training aids that are excess
to the military departments;
``(2) permit the use, with or without charge, of services and
facilities of the Air Force;
``(3) furnish supplies (including fuel, lubricants, and other items
required for vehicle and aircraft operations) or provide funds for the
acquisition of supplies;
``(4) establish, maintain, and supply liaison officers of the Air
Force at the national, regional, State, and territorial headquarters of
the Civil Air Patrol;
``(5) detail or assign any member of the Air Force or any officer,
employee, or contractor of the Department of the Air Force to any
liaison office at the national, regional, State, or territorial
headquarters of the Civil Air Patrol;
``(6) detail any member of the Air Force or any officer, employee,
or contractor of the Department of the Air Force to any unit or
installation of the Civil Air Patrol to assist in the training programs
of the Civil Air Patrol;
``(7) authorize the payment of travel expenses and allowances, at
rates not to exceed those paid to employees of the United States under
subchapter I of chapter 57 of title 5, to members of the Civil Air
Patrol while the members are carrying out programs or missions
specifically assigned by the Air Force;
``(8) provide funds for the national headquarters of the Civil Air
Patrol, including--
``(A) funds for the payment of staff compensation and benefits,
administrative expenses, travel, per diem and allowances, rent,
utilities, other operational expenses of the national headquarters; and
``(B) to the extent considered necessary by the Secretary of the Air
Force to fulfill Air Force requirements, funds for the payment of
compensation and benefits for key staff at regional, State, or
territorial headquarters;
``(9) authorize the payment of expenses of placing into serviceable
condition, improving, and maintaining equipment (including aircraft,
motor vehicles, computers, and communications equipment) owned or leased
by the Civil Air Patrol;
``(10) provide funds for the lease or purchase of items of equipment
that the Secretary determines necessary for the Civil Air Patrol;
``(11) support the Civil Air Patrol cadet program by furnishing--
``(A) articles of the Air Force uniform to cadets without cost; and
``(B) any other support that the Secretary of the Air Force
determines is consistent with Air Force missions and objectives; and
``(12) provide support, including appropriated funds, for the Civil
Air Patrol aerospace education program to the extent that the Secretary
of the Air Force determines appropriate for furthering the fulfillment
of Air Force missions and objectives.
``(c) Assistance by Other Agencies.--(1) The Secretary of the Air
Force may arrange for the use by the Civil Air Patrol of such facilities
and services under the jurisdiction of the Secretary of the Army, the
Secretary of the Navy, or the head of any other department or agency of
the United States as the Secretary of the Air Force considers to be
needed by the Civil Air Patrol to carry out its mission.
``(2) An arrangement for use of facilities or services of a military
department or other department or agency under this subsection shall be
subject to the agreement of the Secretary of the military department or
head of the other department or agency, as the case may be.
``(3) Each arrangement under this subsection shall be made in
accordance with regulations prescribed under section 9448 of this title.
``9445. Funds appropriated for the Civil Air Patrol
``Funds appropriated for the Civil Air Patrol shall be available only
for the exclusive use of the Civil Air Patrol.
``9446. Miscellaneous personnel authorities
``(a) Use of Retired Air Force Personnel.--(1) Upon the request of a
person retired from service in the Air Force, the Secretary of the Air
Force may enter into a personal services contract with that person
providing for the person to serve as an administrator or liaison officer
for the Civil Air Patrol. The qualifications of a person to provide the
services shall be determined and approved in accordance with regulations
prescribed under section 9448 of this title.
``(2) To the extent provided in a contract under paragraph (1), a
person providing services under the contract may accept services on
behalf of the Air Force.
``(3) A person, while providing services under a contract authorized
under paragraph (1), may not be considered to be on active duty or
inactive-duty training for any purpose.
``(b) Use of Civil Air Patrol Chaplains.--The Secretary of the Air
Force may use the services of Civil Air Patrol chaplains in support of
the Air Force active duty and reserve component forces to the extent and
under conditions that the Secretary determines appropriate.
``9447. Board of Governors
``(a) Governing Body.--The Board of Governors of the Civil Air Patrol
is the governing body of the Civil Air Patrol.
``(b) Composition.--The Board of Governors is composed of 11 members
as follows:
``(1) Four members appointed by the Secretary of the Air Force, who
may be active or retired officers of the Air Force (including reserve
components of the Air Force), employees of the United States, or private
citizens.
``(2) Four members of the Civil Air Patrol, selected in accordance
with the constitution and bylaws of the Civil Air Patrol.
``(3) Three members appointed or selected as provided in subsection
(c) from among personnel of any Federal Government agencies, public
corporations, nonprofit associations, and other organizations that have
an interest and expertise in civil aviation and the Civil Air Patrol
mission.
``(c) Appointments From Interested Organizations.--(1) Subject to
paragraph (2), the members of the Board of Governors referred to in
subsection (b)(3) shall be appointed jointly by the Secretary of the Air
Force and the National Commander of the Civil Air Patrol.
``(2) Any vacancy in the position of a member referred to in
paragraph (1) that is not filled under that paragraph within 90 days
shall be filled by majority vote of the other members of the Board.
``(d) Chairman.--The Chairman of the Board of Governors shall be
chosen by the members of the Board of Governors from among the members
of the Board referred to in paragraphs (1) and (2) of subsection (b) and
shall serve for a term of two years. The position of Chairman shall be
held on a rotating basis between members of the Board appointed by the
Secretary of the Air Force under paragraph (1) of subsection (b) and
members of the Board selected under paragraph (2) of that subsection.
``(e) Powers.--(1) The Board of Governors shall, subject to
paragraphs (2) and (3), exercise the powers granted to the Civil Air
Patrol under section 40304 of title 36.
``(2) Any exercise by the Board of the power to amend the
constitution or bylaws of the Civil Air Patrol or to adopt a new
constitution or bylaws shall be subject to approval by a majority of the
members of the Board.
``(3) Neither the Board of Governors nor any other component of the
Civil Air Patrol may modify or terminate any requirement or authority
set forth in this section.
``(f) Personal Liability for Breach of a Fiduciary Duty.--(1) Subject
to paragraph (2), the Board of Governors may take such action as is
necessary to limit the personal liability of a member of the Board of
Governors to the Civil Air Patrol, or to any of its members, for
monetary damages for a breach of fiduciary duty while serving as a
member of the Board.
``(2) The Board may not limit the liability of a member of the Board
of Governors to the Civil Air Patrol, or to any of its members, for
monetary damages for any of the following:
``(A) A breach of the member's duty of loyalty to the Civil Air
Patrol or its members.
``(B) Any act or omission that is not in good faith or that involves
intentional misconduct or a knowing violation of law.
``(C) Participation in any transaction from which the member
directly or indirectly derives an improper personal benefit.
``(3) Nothing in this subsection shall be construed as rendering
section 207 or 208 of title 18 inapplicable in any respect to a member
of the Board of Governors who is a member of the Air Force on active
duty, an officer on a retired list of the Air Force, or an employee of
the United States.
``(g) Personal Liability for Breach of a Fiduciary Duty.--(1) Except
as provided in paragraph (2), no member of the Board of Governors or
officer of the Civil Air Patrol shall be personally liable for damages
for any injury or death or loss or damage of property resulting from a
tortious act or omission of an employee or member of the Civil Air
Patrol.
``(2) Paragraph (1) does not apply to a member of the Board of
Governors or officer of the Civil Air Patrol for a tortious act or
omission in which the member or officer, as the case may be, was
personally involved, whether in breach of a civil duty or in commission
of a criminal offense.
``(3) Nothing in this subsection shall be construed to restrict the
applicability of common law protections and rights that a member of the
Board of Governors or officer of the Civil Air Patrol may have.
``(4) The protections provided under this subsection are in addition
to the protections provided under subsection (f).
``9448. Regulations
``(a) Authority.--The Secretary of the Air Force shall prescribe
regulations for the administration of this chapter.
``(b) Required Regulations.--The regulations shall include the
following:
``(1) Regulations governing the conduct of the activities of the
Civil Air Patrol when it is performing its duties as a volunteer
civilian auxiliary of the Air Force under section 9442 of this title.
``(2) Regulations for providing support by the Air Force and for
arranging assistance by other agencies under section 9444 of this title.
``(3) Regulations governing the qualifications of retired Air Force
personnel to serve as an administrator or liaison officer for the Civil
Air Patrol under a personal services contract entered into under section
9446(a) of this title.
``(c) Approval by Secretary of Defense.--The regulations required by
subsection (b)(2) shall be subject to the approval of the Secretary of
Defense.''.
(b) Conforming Amendments.--(1) Section 40302 of title 36, United
States Code, is amended--
(A) by striking ``to--'' in the matter preceding paragraph (1) and
inserting ``as follows:'';
(B) by inserting ``To'' after the paragraph designation in each of
paragraphs (1), (2), (3), and (4);
(C) by striking the semicolon at the end of paragraphs (1)(B) and
(2) and inserting a period;
(D) by striking ``; and'' at the end of paragraph (3) and inserting
a period; and
(E) by adding at the end the following:
``(5) To assist the Department of the Air Force in fulfilling its
noncombat programs and missions.''.
(2)(A) Section 40303 of such title is amended--
(i) by inserting ``(a) Membership.--'' before ``Eligibility''; and
(ii) by adding at the end the following:
``(b) Governing Body.--The Civil Air Patrol has a Board of Governors.
The composition and responsibilities of the Board of Governors are set
forth in section 9447 of title 10.''.
(B) The heading for such section is amended to read as follows:
``40303. Membership and governing body''.
(C) The item relating to such section in the table of sections at the
beginning of chapter 403 of title 36, United States Code, is amended to
read as follows:
``40303. Membership and governing body.''.
(c) Effective Date.--The amendments made by this section shall take
effect 120 days after the date of the enactment of this Act.
SEC. 1091. ADDITIONAL DUTIES FOR COMMISSION TO ASSESS UNITED
STATES NATIONAL SECURITY SPACE MANAGEMENT AND ORGANIZATION.
Section 1622(a) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 814; 10 U.S.C. 111 note) is
amended by adding at the end the following new paragraph:
``(6) The advisability of--
``(A) various actions to eliminate the de facto requirement that
specified officers in the United States Space Command be flight rated
that results from the dual assignment of officers to that command and to
one or more other commands in positions in which such officers are
expressly required to be flight rated;
``(B) the establishment of a requirement that, as a condition of the
assignment of a general or flag officer to the United States Space
Command, the officer have experience in space, missile, or information
operations that was gained through either acquisition or operational
experience; and
``(C) rotating the command of the United States Space Command among
the Armed Forces.''.
SEC. 1092. COMMISSION ON THE FUTURE OF THE UNITED STATES
AEROSPACE INDUSTRY.
(a) Establishment.--There is established a commission to be known as
the ``Commission on the Future of the United States Aerospace Industry''
(in this section referred to as the ``Commission'').
(b) Membership.--(1) The Commission shall be composed of 12 members
appointed, not later than March 1, 2001, as follows:
(A) Up to six members shall be appointed by the President.
(B) Two members shall be appointed by the Speaker of the House of
Representatives.
(C) Two members shall be appointed by the majority leader of the
Senate.
(D) One member shall be appointed by the minority leader of the
Senate.
(E) One member shall be appointed by the minority leader of the
House of Representatives.
(2) The members of the Commission shall be appointed from among
persons with extensive experience and national reputations in aerospace
manufacturing, economics, finance, national security, international
trade, or foreign policy and persons who are representative of labor
organizations associated with the aerospace industry.
(3) Members shall be appointed for the life of the Commission. A
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(4) The President shall designate one member of the Commission to
serve as the chairman of the Commission.
(5) The Commission shall meet at the call of the chairman. A majority
of the members shall constitute a quorum, but a lesser number may hold
hearings.
(c) Duties.--(1) The Commission shall--
(A) study the issues associated with the future of the United States
aerospace industry in the global economy, particularly in relationship
to United States national security; and
(B) assess the future importance of the domestic aerospace industry
for the economic and national security of the United States.
(2) In order to fulfill its responsibilities, the Commission shall
study the following:
(A) The budget process of the United States Government, particularly
with a view to assessing the adequacy of projected budgets of the
federal departments and agencies for aerospace research and development
and procurement.
(B) The acquisition process of the Government, particularly with a
view to assessing--
(i) the adequacy of the current acquisition process of federal
departments and agencies; and
(ii) the procedures for developing and fielding aerospace systems
incorporating new technologies in a timely fashion.
(C) The policies, procedures, and methods for the financing and
payment of government contracts.
(D) Statutes and regulations governing international trade and the
export of technology, particularly with a view to assessing--
(i) the extent to which the current system for controlling the
export of aerospace goods, services, and technologies reflects an
adequate balance between the need to protect national security and the
need to ensure unhindered access to the global marketplace; and
(ii) the adequacy of United States and multilateral trade laws and
policies for maintaining the international competitiveness of the United
States aerospace industry.
(E) Policies governing taxation, particularly with a view to
assessing the impact of current tax laws and practices on the
international competitiveness of the aerospace industry.
(F) Programs for the maintenance of the national space launch
infrastructure, particularly with a view to assessing the adequacy of
current and projected programs for maintaining the national space launch
infrastructure.
(G) Programs for the support of science and engineering education,
including current programs for supporting aerospace science and
engineering efforts at institutions of higher learning, with a view to
determining the adequacy of those programs.
(d) Report.--(1) Not later than March 1, 2002, the Commission shall
submit a report on its activities to the President and Congress.
(2) The report shall include the following:
(A) The Commission's findings and conclusions.
(B) The Commission's recommendations for actions by federal
departments and agencies to support the maintenance of a robust
aerospace industry in the United States in the 21st century and any
recommendations for statutory and regulatory changes to support the
implementation of the Commission's findings.
(C) A discussion of the appropriate means for implementing the
Commission's recommendations.
(e) Administrative Requirements and Authorities.--(1) The Director of
the Office of Management and Budget shall ensure that the Commission is
provided such administrative services, facilities, staff, and other
support services as may be necessary. Any expenses of the Commission
shall be paid from funds available to the Director.
(2) The Commission may hold hearings, sit and act at times and
places, take testimony, and receive evidence that the Commission
considers advisable to carry out the purposes of this section.
(3) The Commission may request directly from any department or agency
of the United States any information that the Commission considers
necessary to carry out the provisions of this section. To the extent
consistent with applicable requirements of law and regulations, the head
of such department or agency shall furnish such information to the
Commission.
(4) The Commission may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the
United States.
(f) Commission Personnel Matters.--(1) Members of the Commission
shall serve without additional compensation for their service on the
Commission, except that members appointed from among private citizens
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently in
government service under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes and places of business in the
performance of services for the Commission.
(2) The chairman of the Commission may appoint staff of the
Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section 3161 of
title 5, United States Code (as added by section 1101 of this Act).
(g) Termination.--The Commission shall terminate 30 days after the
date of the submission of its report under subsection (d).
SEC. 1093. DRUG ADDICTION TREATMENT.
(a) In General.--Section 303(g) of the Controlled Substances Act (21
U.S.C. 823(g)) is amended--
(1) in paragraph (2), by striking ``(A) security'' and inserting
``(i) security'', and by striking ``(B) the maintenance'' and inserting
``(ii) the maintenance'';
(2) by redesignating paragraphs (1) through (3) as subparagraphs (A)
through (C), respectively;
(3) by inserting ``(1)'' after ``(g)'';
(4) by striking ``Practitioners who dispense'' and inserting
``Except as provided in paragraph (2), practitioners who dispense''; and
(5) by adding at the end the following paragraph:
``(2)(A) Subject to subparagraphs (D) and (J), the requirements of
paragraph (1) are waived in the case of the dispensing (including the
prescribing), by a practitioner, of narcotic drugs in schedule III, IV,
or V or combinations of such drugs if the practitioner meets the
conditions specified in subparagraph (B) and the narcotic drugs or
combinations of such drugs meet the conditions specified in subparagraph
(C).
``(B) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to a practitioner are that, before the
initial dispensing of narcotic drugs in schedule III, IV, or V or
combinations of such drugs to patients for maintenance or detoxification
treatment, the practitioner submit to the Secretary a notification of
the intent of the practitioner to begin dispensing the drugs or
combinations for such purpose, and that the notification contain the
following certifications by the practitioner:
``(i) The practitioner is a qualifying physician (as defined in
subparagraph (G)).
``(ii) With respect to patients to whom the practitioner will
provide such drugs or combinations of drugs, the practitioner has the
capacity to refer the patients for appropriate counseling and other
appropriate ancillary services.
``(iii) In any case in which the practitioner is not in a group
practice, the total number of such patients of the practitioner at any
one time will not exceed the applicable number. For purposes of this
clause, the applicable number is 30, except that the Secretary may by
regulation change such total number.
``(iv) In any case in which the practitioner is in a group practice,
the total number of such patients of the group practice at any one time
will not exceed the applicable number. For purposes of this clause, the
applicable number is 30, except that the Secretary may by regulation
change such total number, and the Secretary for such purposes may by
regulation establish different categories on the basis of the number of
practitioners in a group practice and establish for the various
categories different numerical limitations on the number of such
patients that the group practice may have.
``(C) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to narcotic drugs in schedule III, IV, or
V or combinations of such drugs are as follows:
``(i) The drugs or combinations of drugs have, under the Federal
Food, Drug, and Cosmetic Act or section 351 of the Public Health Service
Act, been approved for use in maintenance or detoxification treatment.
``(ii) The drugs or combinations of drugs have not been the subject
of an adverse determination. For purposes of this clause, an adverse
determination is a determination published in the Federal Register and
made by the Secretary, after consultation with the Attorney General,
that the use of the drugs or combinations of drugs for maintenance or
detoxification treatment requires additional standards respecting the
qualifications of practitioners to provide
such treatment, or requires standards respecting the
quantities of the drugs that may be provided for unsupervised use.
``(D)(i) A waiver under subparagraph (A) with respect to a
practitioner is not in effect unless (in addition to conditions under
subparagraphs (B) and (C)) the following conditions are met:
``(I) The notification under subparagraph (B) is in writing and
states the name of the practitioner.
``(II) The notification identifies the registration issued for the
practitioner pursuant to subsection (f).
``(III) If the practitioner is a member of a group practice, the
notification states the names of the other practitioners in the practice
and identifies the registrations issued for the other practitioners
pursuant to subsection (f).
``(ii) Upon receiving a notification under subparagraph (B), the
Attorney General shall assign the practitioner involved an
identification number under this paragraph for inclusion with the
registration issued for the practitioner pursuant to subsection (f). The
identification number so assigned shall be appropriate to preserve the
confidentiality of patients for whom the practitioner has dispensed
narcotic drugs under a waiver under subparagraph (A).
``(iii) Not later than 45 days after the date on which the Secretary
receives a notification under subparagraph (B), the Secretary shall make
a determination of whether the practitioner involved meets all
requirements for a waiver under subparagraph (B). If the Secretary fails
to make such determination by the end of the such 45-day period, the
Attorney General shall assign the physician an identification number
described in clause (ii) at the end of such period.
``(E)(i) If a practitioner is not registered under paragraph (1) and,
in violation of the conditions specified in subparagraphs (B) through
(D), dispenses narcotic drugs in schedule III, IV, or V or combinations
of such drugs for maintenance treatment or detoxification treatment, the
Attorney General may, for purposes of section 304(a)(4), consider the
practitioner to have committed an act that renders the registration of
the practitioner pursuant to subsection (f) to be inconsistent with the
public interest.
``(ii)(I) Upon the expiration of 45 days from the date on which the
Secretary receives a notification under subparagraph (B), a practitioner
who in good faith submits a notification under subparagraph (B) and
reasonably believes that the conditions specified in subparagraphs (B)
through (D) have been met shall, in dispensing narcotic drugs in
schedule III, IV, or V or combinations of such drugs for maintenance
treatment or detoxification treatment, be considered to have a waiver
under subparagraph (A) until notified otherwise by the Secretary, except
that such a practitioner may commence to prescribe or dispense such
narcotic drugs for such purposes prior to the expiration of such 45-day
period if it facilitates the treatment of an individual patient and both
the Secretary and the Attorney General are notified by the practitioner
of the intent to commence prescribing or dispensing such narcotic drugs.
``(II) For purposes of subclause (I), the publication in the Federal
Register of an adverse determination by the Secretary pursuant to
subparagraph (C)(ii) shall (with respect to the narcotic drug or
combination involved) be considered to be a notification provided by the
Secretary to practitioners, effective upon the expiration of the 30-day
period beginning on the date on which the adverse determination is so
published.
``(F)(i) With respect to the dispensing of narcotic drugs in schedule
III, IV, or V or combinations of such drugs to patients for maintenance
or detoxification treatment, a practitioner may, in his or her
discretion, dispense such drugs or combinations for such treatment under
a registration under paragraph (1) or a waiver under subparagraph (A)
(subject to meeting the applicable conditions).
``(ii) This paragraph may not be construed as having any legal effect
on the conditions for obtaining a registration under paragraph (1),
including with respect to the number of patients who may be served under
such a registration.
``(G) For purposes of this paragraph:
``(i) The term `group practice' has the meaning given such term in
section 1877(h)(4) of the Social Security Act.
``(ii) The term `qualifying physician' means a physician who is
licensed under State law and who meets one or more of the following
conditions:
``(I) The physician holds a subspecialty board certification in
addiction psychiatry from the American Board of Medical Specialties.
``(II) The physician holds an addiction certification from the
American Society of Addiction Medicine.
``(III) The physician holds a subspecialty board certification in
addiction medicine from the American Osteopathic Association.
``(IV) The physician has, with respect to the treatment and
management of opiate-dependent patients, completed not less than eight
hours of training (through classroom situations, seminars at
professional society meetings, electronic communications, or otherwise)
that is provided by the American Society of Addiction Medicine, the
American Academy of Addiction Psychiatry, the American Medical
Association, the American Osteopathic Association, the American
Psychiatric Association, or any other organization that the Secretary
determines is appropriate for purposes of this subclause.
``(V) The physician has participated as an investigator in one or
more clinical trials leading to the approval of a narcotic drug in
schedule III, IV, or V for maintenance or detoxification treatment, as
demonstrated by a statement submitted to the Secretary by the sponsor of
such approved drug.
``(VI) The physician has such other training or experience as the
State medical licensing board (of the State in which the physician will
provide maintenance or detoxification treatment) considers to
demonstrate the ability of the physician to treat and manage
opiate-dependent patients.
``(VII) The physician has such other training or experience as the
Secretary considers to demonstrate the ability of the physician to treat
and manage opiate-dependent patients. Any criteria of the Secretary
under this subclause shall be established by regulation. Any such
criteria are effective only for 3 years after the date on which the
criteria are promulgated, but may be extended for such additional
discrete 3-year periods as the Secretary considers appropriate for
purposes of this subclause. Such an extension of criteria may only be
effectuated through a statement published in the Federal Register by the
Secretary during the 30-day period preceding the end of the 3-year
period involved.
``(H)(i) In consultation with the Administrator of the Drug
Enforcement Administration, the Administrator of the Substance Abuse and
Mental Health Services Administration, the Director of the National
Institute on Drug Abuse, and the Commissioner of Food and Drugs, the
Secretary shall issue regulations (through notice and comment
rulemaking) or issue practice guidelines to address the following:
``(I) Approval of additional credentialing bodies and the
responsibilities of additional credentialing bodies.
``(II) Additional exemptions from the requirements of this paragraph
and any regulations under this paragraph.
Nothing in such regulations or practice guidelines may authorize any
Federal official or employee to exercise supervision or control over the
practice of medicine or the manner in which medical services are
provided.
``(ii) Not later than 120 days after the date of the enactment of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001,
the Secretary shall issue a treatment improvement protocol containing
best practice guidelines for the treatment and maintenance of
opiate-dependent patients. The Secretary shall develop the protocol in
consultation with the Director of the National Institute on Drug Abuse,
the Administrator of the Drug Enforcement Administration, the
Commissioner of Food and Drugs, the Administrator of the Substance Abuse
and Mental Health Services Administration, and other substance abuse
disorder professionals. The protocol shall be guided by science.
``(I) During the 3-year period beginning on the date of the enactment
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001, a State may not preclude a practitioner from dispensing or
prescribing drugs in schedule III, IV, or V, or combinations of such
drugs, to patients for maintenance or detoxification treatment in
accordance with this paragraph unless, before the expiration of that
3-year period, the State enacts a law prohibiting a practitioner from
dispensing such drugs or combinations of drug.
``(J)(i) This paragraph takes effect on the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, and remains in effect thereafter except as provided in clause
(iii) (relating to a decision by the Secretary or the Attorney General
that this paragraph should not remain in effect).
``(ii) For purposes relating to clause (iii), the Secretary and the
Attorney General may, during the 3-year period beginning on the date of
the enactment of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001, make determinations in accordance with the
following:
``(I) The Secretary may make a determination of whether treatments
provided under waivers under subparagraph (A) have been effective forms
of maintenance treatment and detoxification treatment in clinical
settings; may make a determination of whether such waivers have
significantly increased (relative to the beginning of such period) the
availability of maintenance treatment and detoxification treatment; and
may make a determination of whether such waivers have adverse
consequences for the public health.
``(II) The Attorney General may make a determination of the extent
to which there have been violations of the numerical limitations
established under subparagraph (B) for the number of individuals to whom
a practitioner may provide treatment; may make a determination of
whether waivers under subparagraph (A) have increased (relative to the
beginning of such period) the extent to which narcotic drugs in schedule
III, IV, or V or combinations of such drugs are being dispensed or
possessed in violation of this Act; and may make a determination of
whether such waivers have adverse consequences for the public health.
``(iii) If, before the expiration of the period specified in clause
(ii), the Secretary or the Attorney General publishes in the Federal
Register a decision, made on the basis of determinations under such
clause, that this paragraph should not remain in effect, this paragraph
ceases to be in effect 60 days after the date on which the decision is
so published. The Secretary shall in making any such decision consult
with the Attorney General, and shall in publishing the decision in the
Federal Register include any comments received from the Attorney General
for inclusion in the publication. The Attorney General shall in making
any such decision consult with the Secretary, and shall in publishing
the decision in the Federal Register include any comments received from
the Secretary for inclusion in the publication.''.
(b) Conforming Amendments.--Section 304 of the Controlled Substances
Act (21 U.S.C. 824) is amended--
(1) in subsection (a), in the matter after and below paragraph (5),
by striking ``section 303(g)'' each place such term appears and
inserting ``section 303(g)(1)''; and
(2) in subsection (d), by striking ``section 303(g)'' and inserting
``section 303(g)(1)''.
(c) Additional Authorization of Appropriations.--For the purpose of
assisting the Secretary of Health and Human Services with the additional
duties established for the Secretary pursuant to the amendments made by
this section, there are authorized to be appropriated, in addition to
other authorizations of appropriations that are available for such
purpose, such sums as may be necessary for each of fiscal years 2001
through 2003.
(d) Coordination of Provisions.--(1) If the Drug Addiction Treatment
Act of 2000 is enacted before this Act, the provisions of this section
shall not take effect.
(2) If the Drug Addiction Treatment Act of 2000 is enacted after this
Act, the amendments made by this section shall be deemed for all
purposes to have been made by section 3502 of that Act and this section
shall cease to be in effect as of that enactment.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SUBTITLE A--CIVILIAN PERSONNEL MANAGEMENT GENERALLY
Sec. 1101. Employment and compensation of employees for temporary
organizations established by law or Executive order.
Sec. 1102. Assistive technology accommodations program.
Sec. 1103. Extension of authority for voluntary separations in
reductions in force.
Sec. 1104. Electronic maintenance of performance appraisal systems.
Sec. 1105. Study on civilian personnel services.
SUBTITLE B--DEMONSTRATION AND PILOT PROGRAMS
Sec. 1111. Pilot program for reengineering the equal employment
opportunity complaint process.
Sec. 1112. Work safety demonstration program.
Sec. 1113. Extension, expansion, and revision of authority for
experimental personnel program for scientific and technical personnel.
Sec. 1114. Clarification of personnel management authority under
personnel demonstration project.
SUBTITLE C--EDUCATIONAL ASSISTANCE
Sec. 1121. Restructuring the restriction on degree training.
Sec. 1122. Student loan repayment programs.
Sec. 1123. Extension of authority for tuition reimbursement and
training for civilian employees in the defense acquisition workforce.
SUBTITLE D--OTHER BENEFITS
Sec. 1131. Additional special pay for foreign language proficiency
beneficial for United States national security interests.
Sec. 1132. Approval authority for cash awards in excess of $10,000.
Sec. 1133. Leave for crews of certain vessels.
Sec. 1134. Life insurance for emergency essential Department of
Defense employees.
SUBTITLE E--INTELLIGENCE CIVILIAN PERSONNEL
Sec. 1141. Expansion of defense civilian intelligence personnel
system positions.
Sec. 1142. Increase in number of positions authorized for the
Defense Intelligence Senior Executive Service.
SUBTITLE F--VOLUNTARY SEPARATION INCENTIVE PAY AND EARLY RETIREMENT
AUTHORITY
Sec. 1151. Extension, revision, and expansion of authorities for
use of voluntary separation incentive pay and voluntary early
retirement.
Sec. 1152. Department of Defense employee voluntary early
retirement authority.
Sec. 1153. Limitations.
Subtitle A--Civilian Personnel Management Generally
SEC. 1101. EMPLOYMENT AND COMPENSATION OF EMPLOYEES FOR
TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE ORDER.
(a) In General.--Chapter 31 of title 5, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR
EXECUTIVE ORDER
``3161. Employment and compensation of employees
``(a) Definition of Temporary Organization.--For the purposes of this
subchapter, the term `temporary organization' means a commission,
committee, board, or other organization that--
``(1) is established by law or Executive order for a specific period
not in excess of three years for the purpose of performing a specific
study or other project; and
``(2) is terminated upon the completion of the study or project or
upon the occurrence of a condition related to the completion of the
study or project.
``(b) Employment Authority.--(1) Notwithstanding the provisions of
chapter 51 of this title, the head of a temporary organization may
appoint persons to positions of employment in a temporary organization
in such numbers and with such skills as are necessary for the
performance of the functions required of a temporary organization.
``(2) The period of an appointment under paragraph (1) may not exceed
three years, except that under regulations prescribed by the Office of
Personnel Management the period of appointment may be extended for up to
an additional two years.
``(3) The positions of employment in a temporary organization are in
the excepted service of the civil service.
``(c) Detail Authority.--Upon the request of the head of a temporary
organization, the head of any department or agency of the Government may
detail, on a nonreimbursable basis, any personnel of the department or
agency to that organization to assist in carrying out its duties.
``(d) Compensation.--(1) The rate of basic pay for an employee
appointed under subsection (b) shall be established under regulations
prescribed by the Office of Personnel Management without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of this title.
``(2) The rate of basic pay for the chairman, a member, an executive
director, a staff director, or another executive level position of a
temporary organization may not exceed the maximum rate of basic pay
established for the Senior Executive Service under section 5382 of this
title.
``(3) Except as provided in paragraph (4), the rate of basic pay for
other positions in a temporary organization may not exceed the maximum
rate of basic pay for grade GS 15 of the General Schedule under section
5332 of this title.
``(4) The rate of basic pay for a senior staff position of a
temporary organization may, in a case determined by the head of the
temporary organization as exceptional, exceed the maximum rate of basic
pay authorized under paragraph (3), but may not exceed the maximum rate
of basic pay authorized for an executive level position under paragraph
(2).
``(5) In this subsection, the term `basic pay' includes locality pay
provided for under section 5304 of this title.
``(e) Travel Expenses.--An employee of a temporary organization,
whether employed on a full-time or part-time basis, may be allowed
travel and transportation expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of this title, while traveling away from the
employee's regular place of business in the performance of services for
the temporary organization.
``(f) Benefits.--An employee appointed under subsection (b) shall be
afforded the same benefits and entitlements as are provided temporary
employees under this title.
``(g) Return Rights.--An employee serving under a career or career
conditional appointment or the equivalent in an agency who transfers to
or converts to an appointment in a temporary organization with the
consent of the head of the agency is entitled to be returned to the
employee's former position or a position of like seniority, status, and
pay without grade or pay retention in the agency if the employee--
``(1) is being separated from the temporary organization for reasons
other than misconduct, neglect of duty, or malfeasance; and
``(2) applies for return not later than 30 days before the earlier
of--
``(A) the date of the termination of the employment in the temporary
organization; or
``(B) the date of the termination of the temporary organization.
``(h) Temporary and Intermittent Services.--The head of a temporary
organization may procure for the organization temporary and intermittent
services under section 3109(b) of this title.
``(i) Acceptance of Volunteer Services.--(1) The head of a temporary
organization may accept volunteer services appropriate to the duties of
the organization without regard to section 1342 of title 31.
``(2) Donors of voluntary services accepted for a temporary
organization under this subsection may include the following:
``(A) Advisors.
``(B) Experts.
``(C) Members of the commission, committee, board, or other
temporary organization, as the case may be.
``(D) A person performing services in any other capacity determined
appropriate by the head of the temporary organization.
``(3) The head of the temporary organization--
``(A) shall ensure that each person performing voluntary services
accepted under this subsection is notified of the scope of the voluntary
services accepted;
``(B) shall supervise the volunteer to the same extent as employees
receiving compensation for similar services; and
``(C) shall ensure that the volunteer has appropriate credentials or
is otherwise qualified to perform in each capacity for which the
volunteer's services are accepted.
``(4) A person providing volunteer services accepted under this
subsection shall be considered an employee of the Federal Government in
the performance of those services for the purposes of the following
provisions of law:
``(A) Chapter 81 of this title, relating to compensation for
work-related injuries.
``(B) Chapter 171 of title 28, relating to tort claims.
``(C) Chapter 11 of title 18, relating to conflicts of interest.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE
ORDER
``Sec.
``3161. Employment and compensation of employees.''.
SEC. 1102. ASSISTIVE TECHNOLOGY ACCOMMODATIONS PROGRAM.
(a) Authority To Provide Technology, Devices, and Services.--Chapter
81 of title 10, United States Code, is amended by inserting after
section 1581 the following new section:
``1582. Assistive technology, assistive technology devices,
and assistive technology services
``(a) Authority.--The Secretary of Defense may provide assistive
technology, assistive technology devices, and assistive technology
services to the following:
``(1) Department of Defense employees with disabilities.
``(2) Organizations within the Department that have requirements to
make programs or facilities accessible to, and usable by, persons with
disabilities.
``(3) Any other department or agency of the Federal Government, upon
the request of the head of that department or agency, for its employees
with disabilities or for satisfying a requirement to make its programs
or facilities accessible to, and usable by, persons with disabilities.
``(b) Definitions.--In this section, the terms `assistive
technology', `assistive technology device', `assistive technology
service', and `disability' have the meanings given those terms in
section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1581 the following new item:
``1582. Assistive technology, assistive technology devices, and
assistive technology services.''.
SEC. 1103. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS IN
REDUCTIONS IN FORCE.
Section 3502(f)(5) of title 5, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``September 30, 2005''.
SEC. 1104. ELECTRONIC MAINTENANCE OF PERFORMANCE APPRAISAL SYSTEMS.
Section 4302 of title 5, United States Code, is amended by adding at
the end the following new subsection:
``(c) In accordance with regulations which the Office shall
prescribe, the head of an agency may administer and maintain a
performance appraisal system electronically.''.
SEC. 1105. STUDY ON CIVILIAN PERSONNEL SERVICES.
(a) Study Required.--The Secretary of Defense shall assess the manner
in which personnel services are provided for civilian personnel in the
Department of Defense and determine whether--
(1) administration of such services should continue to be
centralized in individual military services and Defense Agencies or
whether such services should be centralized within designated
geographical areas to provide services to all Department of Defense
elements;
(2) offices that perform such services should be established to
perform specific functions rather than cover an established geographical
area;
(3) processes and functions of civilian personnel offices should be
reengineered to provide greater efficiency and better service to
management and employees of the Department of Defense; and
(4) efficiencies could be gained by public-private competition of
the delivery of any of the personnel services for civilian personnel of
the Department of Defense.
(b) Report.--Not later than January 1, 2002, the Secretary of Defense
shall submit a report on the study, including recommendations, to the
Committees on Armed Services of the Senate and the House of
Representatives. The report shall include the Secretary's assessment of
the items described in subsection (a), and, if appropriate, a proposal
for a demonstration program to test the concepts developed under the
study. The Secretary may also include any recommendations for
legislation or other actions that the Secretary considers appropriate to
increase the effectiveness and efficiency of the delivery of personnel
services with respect to civilian personnel of the Department of
Defense.
Subtitle B--Demonstration and Pilot Programs
SEC. 1111. PILOT PROGRAM FOR REENGINEERING THE EQUAL
EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS.
(a) Pilot Program.--(1) The Secretary of Defense shall carry out a
pilot program to improve processes for the resolution of equal
employment opportunity complaints by civilian employees of the
Department of Defense. Complaints processed under the pilot program
shall be subject to the procedural requirements established for the
pilot program and shall not be subject to the procedural requirements of
part 1614 of title 29 of the Code of Federal Regulations or other
regulations, directives, or regulatory restrictions prescribed by the
Equal Employment Opportunity Commission.
(2) The pilot program shall include procedures to reduce processing
time and eliminate redundancy with respect to processes for the
resolution of equal employment opportunity complaints, reinforce local
management and chain-of-command accountability, and provide the parties
involved with early opportunity for resolution.
(3) The Secretary may carry out the pilot program for a period of
three years, beginning on January 1, 2001.
(4)(A) Participation in the pilot program shall be voluntary on the
part of the complainant. Complainants who participate in the pilot
program shall retain the right to appeal a final agency decision to the
Equal Employment Opportunity Commission and to file suit in district
court. The Equal Employment Opportunity Commission shall not reverse a
final agency decision on the grounds that the agency did not comply with
the regulatory requirements promulgated by the Commission.
(B) Subparagraph (A) shall apply to all cases--
(i) pending as of January 1, 2001, before the Equal Employment
Opportunity Commission involving a civilian employee who filed a
complaint under the pilot program of the Department of the Navy to
improve processes for the resolution of equal employment opportunity
complaints; and
(ii) hereinafter filed with the Commission under the pilot program
established by this section.
(5) The pilot program shall be carried out in at least one military
department and two Defense Agencies.
(b) Report.--Not later than 90 days following the end of the first
and last full or partial fiscal years during which the pilot program is
implemented, the Comptroller General shall submit to Congress a report
on the pilot program. Such report shall contain the following:
(1) A description of the processes tested by the pilot program.
(2) The results of such testing.
(3) Recommendations for changes to the processes for the resolution
of equal employment opportunity complaints as a result of such pilot
program.
(4) A comparison of the processes used, and results obtained, under
the pilot program to traditional and alternative dispute resolution
processes used in the government or private industry.
SEC. 1112. WORK SAFETY DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall carry out a
defense employees work safety demonstration program.
(b) Private Sector Work Safety Models.--Under the demonstration
program, the Secretary shall--
(1) adopt for use in the workplace of civilian employees of the
Department of Defense such work safety models used by employers in the
private sector that the Secretary considers as being representative of
the best work safety practices in use by private sector employers; and
(2) determine whether the use of those practices in the Department
of Defense improves the work safety record of Department of Defense
employees.
(c) Sites.--(1) The Secretary shall carry out the demonstration
program--
(A) at not fewer than two installations of each of the Armed Forces
(other than the Coast Guard), for employees of the military department
concerned; and
(B) in at least two Defense Agencies (as defined in section
101(a)(11) of title 10, United States Code).
(2) The Secretary shall select the installations and Defense Agencies
from among the installations and Defense Agencies listed in the Federal
Worker 2000 Presidential Initiative.
(d) Period for Program.--The demonstration program shall begin not
later than 180 days after the date of the enactment of this Act and
shall terminate on September 30, 2002.
(e) Reports.--(1) The Secretary of Defense shall submit an interim
report on the demonstration program to the Committees on Armed Services
of the Senate and the House of Representatives not later than December
1, 2001. The interim report shall contain, at a minimum, for each site
of the demonstration program the following:
(A) A baseline assessment of the lost workday injury rate.
(B) A comparison of the lost workday injury rate for fiscal year
2000 with the lost workday injury rate for fiscal year 1999.
(C) The direct and indirect costs associated with all lost workday
injuries.
(2) The Secretary of Defense shall submit a final report on the
demonstration program to the Committees on Armed Services of the Senate
and the House of Representatives not later than December 1, 2002. The
final report shall contain, at a minimum, for each site of the
demonstration program the following:
(A) The Secretary's determination on the issue described in
subsection (b)(2).
(B) A comparison of the lost workday injury rate under the program
with the baseline assessment of the lost workday injury rate.
(C) The lost workday injury rate for fiscal year 2002.
(D) A comparison of the direct and indirect costs associated with
all lost workday injuries for fiscal year 2002 with the direct and
indirect costs associated with all lost workday injuries for fiscal year
2001.
(f) Funding.--Of the amount authorized to be appropriated under
section 301(5), $5,000,000 shall be available for the demonstration
program under this section.
SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY FOR
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.
(a) Extension of Program.--Section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105
261; 112 Stat. 2139; 5 U.S.C. 3104 note) is amended--
(1) in subsection (a), by striking ``the 5-year period beginning on
the date of the enactment of this Act'' and inserting ``the program
period specified in subsection (e)(1)'';
(2) in subsection (e), by striking paragraph (1) and inserting the
following:
``(1) The period for carrying out the program authorized under this
section begins on October 17, 1998, and ends on October 16, 2005.''; and
(3) in subsection (f), by striking ``on the day before the
termination of the program'' and inserting ``on the last day of the
program period specified in subsection (e)(1)''.
(b) Expansion of Scope.--Subsection (a) of such section, as amended
by subsection (a)(1) of this section, is further amended by inserting
before the period at the end the following: ``and research and
development projects administered by laboratories designated for the
program by the Secretary from among the laboratories of each of the
military departments''.
(c) Limitation on Number of Appointments.--Subsection (b)(1) of such
section is amended to read as follows:
``(1) without regard to any provision of title 5, United States
Code, governing the appointment of employees in the civil service,
appoint scientists and engineers from outside the civil service and
uniformed services (as such terms are defined in section 2101 of such
title) to--
``(A) not more than 40 scientific and engineering positions in the
Defense Advanced Research Projects Agency;
``(B) not more than 40 scientific and engineering positions in the
designated laboratories of each of the military services; and
``(C) not more than a total of 10 scientific and engineering
positions in the National Imagery and Mapping Agency and the National
Security Agency;''.
(d) Rates of Pay for Appointees.--Subsection (b)(2) of such section
is amended by inserting after ``United States Code,'' the following:
``as increased by locality-based comparability payments under section
5304 of such title,''.
(e) Commensurate Extension of Requirement for Annual
Report.--Subsection (g) of such section is amended by striking ``2004''
and inserting ``2006''.
(f) Amendment of Section Heading.--The heading for such section is
amended to read as follows:
``SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND
TECHNICAL PERSONNEL.''.
SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT AUTHORITY
UNDER PERSONNEL DEMONSTRATION PROJECT.
(a) Elimination of Requirement for OPM Review and Approval.--Section
342 of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103 337; 108 Stat. 2721) is amended--
(1) in subsection (b)(1), by striking ``, with the approval of the
Director of the Office of Personnel Management,''; and
(2) in subsection (b)(3)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking ``section 4703.'' and inserting ``section 4703;
and'' at the end of subparagraph (B); and
(C) by inserting at the end the following new subparagraph (C):
``(C) the Secretary shall exercise the authorities granted to the
Office of Personnel Management under such section 4703.''.
(b) Increase in Level of Authorized Pay.--Section 342(b) of such Act
is further amended by adding at the end the following new paragraph:
``(5) The limitations in section 5373 of title 5, United States Code,
do not apply to the authority of the Secretary under this section to
prescribe salary schedules and other related benefits.''.
Subtitle C--Educational Assistance
SEC. 1121. RESTRUCTURING THE RESTRICTION ON DEGREE TRAINING.
Section 4107 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and inserting
``subsections (b) and (c)'';
(2) in subsection (b)(1), by striking ``subsection (a)'' and
inserting ``subsection (a) or (c)''; and
(3) by adding at the end the following new subsection:
``(c) With respect to an employee of the Department of Defense--
``(1) this chapter does not authorize, except as provided in
subsection (b) of this section, the selection and assignment of the
employee for training, or the payment or reimbursement of the costs of
training, for--
``(A) the purpose of providing an opportunity to the employee to
obtain an academic degree in order to qualify for appointment to a
particular position for which the academic degree is a basic
requirement; or
``(B) the sole purpose of providing an opportunity to the employee
to obtain one or more academic degrees, unless such opportunity is part
of a planned, systematic, and coordinated program of professional
development endorsed by the Department of Defense; and
``(2) any course of post-secondary education delivered through
classroom, electronic, or other means shall be administered or conducted
by an institution recognized under standards implemented by a national
or regional accrediting body, except in a case in which such standards
do not exist or the use of such standards would not be appropriate.''.
SEC. 1122. STUDENT LOAN REPAYMENT PROGRAMS.
(a) Covered Student Loans.--Section 5379(a)(1)(B) of title 5, United
States Code, is amended--
(1) in clause (i), by inserting ``(20 U.S.C. 1071 et seq.)'' before
the semicolon;
(2) in clause (ii), by striking ``part E of title IV of the Higher
Education Act of 1965'' and inserting ``part D or E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et
seq.)''; and
(3) in clause (iii), by striking ``part C of title VII of Public
Health Service Act or under part B of title VIII of such Act'' and
inserting ``part A of title VII of the Public Health Service Act (42
U.S.C. 292 et seq.) or under part E of title VIII of such Act (42 U.S.C.
297a et seq.)''.
(b) Personnel Covered.--(1) Section 5379(a)(2) of title 5, United
States Code, is amended to read as follows:
``(2) An employee shall be ineligible for benefits under this section
if the employee occupies a position that is excepted from the
competitive service because of its confidential, policy-determining,
policy-making, or policy-advocating character.''.
(2) Section 5379(b)(1) of title 5, United States Code, is amended by
striking ``professional, technical, or administrative''.
(c) Regulations.--(1) Not later than 60 days after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall issue proposed regulations under section 5379(g) of
title 5, United States Code. The Director shall provide for a period of
not less than 60 days for public comment on the regulations.
(2) Not later than 240 days after the date of enactment of this Act,
the Director shall issue final regulations.
(d) Annual Reports.--Section 5379 of title 5, United States Code, is
amended by adding at the end the following:
``(h)(1) Each head of an agency shall maintain, and annually submit
to the Director of the Office of Personnel Management, information with
respect to the agency on--
``(A) the number of Federal employees selected to receive benefits
under this section;
``(B) the job classifications for the recipients; and
``(C) the cost to the Federal Government of providing the benefits.
``(2) The Director of the Office of Personnel Management shall
prepare, and annually submit to Congress, a report containing the
information submitted under paragraph (1), and information identifying
the agencies that have provided benefits under this section.''.
SEC. 1123. EXTENSION OF AUTHORITY FOR TUITION REIMBURSEMENT
AND TRAINING FOR CIVILIAN EMPLOYEES IN THE DEFENSE ACQUISITION
WORKFORCE.
Section 1745(a)(2) of title 10, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``September 30, 2010''.
Subtitle D--Other Benefits
SEC. 1131. ADDITIONAL SPECIAL PAY FOR FOREIGN LANGUAGE
PROFICIENCY BENEFICIAL FOR UNITED STATES NATIONAL SECURITY INTERESTS.
(a) In General.--Chapter 81 of title 10, United States Code, is
amended by inserting after section 1596 the following new section:
``1596a. Foreign language proficiency: special pay for
proficiency beneficial for other national security interests
``(a) Authority.--The Secretary of Defense may pay special pay under
this section to an employee of the Department of Defense who--
``(1) has been certified by the Secretary to be proficient in a
foreign language identified by the Secretary as being a language in
which proficiency by civilian personnel of the Department is necessary
because of national security interests;
``(2) is assigned duties requiring proficiency in that foreign
language during a contingency operation supported by the armed forces;
and
``(3) is not receiving special pay under section 1596 of this title.
``(b) Rate.--The rate of special pay for an employee under this
section shall be prescribed by the Secretary, but may not exceed five
percent of the employee's rate of basic pay.
``(c) Relationship to Other Pay and Allowances.--Special pay under
this section is in addition to any other pay or allowances to which the
employee is entitled.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(b) Amendment To Distinguish Other Foreign Language Proficiency
Special Pay.--The heading for section 1596 of title 10, United States
Code, is amended to read as follows:
``1596. Foreign language proficiency: special pay for
proficiency beneficial for intelligence interests''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by striking the item relating to
section 1596 and inserting the following new items:
``1596. Foreign language proficiency: special pay for proficiency
beneficial for intelligence interests.
``1596a. Foreign language proficiency: special pay for proficiency
beneficial for other national security interests.''.
SEC. 1132. APPROVAL AUTHORITY FOR CASH AWARDS IN EXCESS OF $10,000.
Section 4502 of title 5, United States Code, is amended by adding at
the end the following:
``(f) The Secretary of Defense may grant a cash award under
subsection (b) of this section without regard to the requirements for
certification and approval provided in that subsection.''.
SEC. 1133. LEAVE FOR CREWS OF CERTAIN VESSELS.
Section 6305(c)(2) of title 5, United States Code, is amended to read
as follows:
``(2) may not be made the basis for a lump-sum payment, except that
civil service mariners of the Military Sealift Command on temporary
promotion aboard ship may be paid the difference between their temporary
and permanent rates of pay for leave accrued under this section and
section 6303 and not otherwise used during the temporary promotion upon
the expiration or termination of the temporary promotion; and''.
SEC. 1134. LIFE INSURANCE FOR EMERGENCY ESSENTIAL DEPARTMENT
OF DEFENSE EMPLOYEES.
(a) In General.--Section 8702 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(c) Notwithstanding a notice previously given under subsection (b),
an employee of the Department of Defense who is designated as an
emergency essential employee under section 1580 of title 10 shall be
insured if the employee, within 60 days after the date of the
designation, elects to be insured under a policy of insurance under this
chapter. An election under the preceding sentence shall be effective
when provided to the Office in writing, in the form prescribed by the
Office, within such 60-day period.''.
(b) Applicability.--For purposes of section 8702(c) of title 5,
United States Code (as added by subsection (a)), an employee of the
Department of Defense who is designated as an emergency essential
employee under section 1580 of title 10, United States Code, before the
date of the enactment of this Act shall be deemed to be so designated on
the date of the enactment of this Act.
Subtitle E--Intelligence Civilian Personnel
SEC. 1141. EXPANSION OF DEFENSE CIVILIAN INTELLIGENCE
PERSONNEL SYSTEM POSITIONS.
(a) Authority for Senior DOD Intelligence Positions Throughout
Department of Defense.--Section 1601(a)(1) of title 10, United States
Code, is amended--
(1) by striking ``in the intelligence components of the Department
of Defense and the military departments'' and inserting ``in the
Department of Defense''; and
(2) by striking ``of those components and departments'' and
inserting ``of the Department''.
(b) Conforming Amendment for Persons Eligible for Postemployment
Assistance.--Section 1611 of such title is amended--
(1) in subsection (a)(1), by striking ``an intelligence component of
the Department of Defense'' and inserting ``a defense intelligence
position'';
(2) in subsection (b)--
(A) by striking ``sensitive position in an intelligence component of
the Department of Defense'' in the matter preceding paragraph (1) and
inserting ``sensitive defense intelligence position''; and
(B) by striking ``with the intelligence component'' in paragraphs
(1) and (2) and inserting ``in a defense intelligence position'';
(3) in subsection (d), by striking ``an intelligence component of
the Department of Defense'' and inserting ``in a defense intelligence
position''; and
(4) by striking subsection (f).
(c) Conforming Amendment for Definition of Defense Intelligence
Position.--Section 1614(1) of such title is amended by striking ``of an
intelligence component of the Department of Defense or of a military
department'' and inserting ``of the Department of Defense''.
SEC. 1142. INCREASE IN NUMBER OF POSITIONS AUTHORIZED FOR THE
DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.
Section 1606(a) of title 10, United States Code, is amended by
striking ``492'' and inserting ``517''.
Subtitle F--Voluntary Separation Incentive Pay and Early
Retirement Authority
SEC. 1151. EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES
FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY AND VOLUNTARY EARLY
RETIREMENT.
(a) Revision and Addition of Purposes for Department of Defense
VSIP.--Subsection (b) of section 5597 of title 5, United States Code, is
amended by inserting after ``transfer of function,'' the following:
``workforce restructuring (to meet mission needs, achieve one or more
strength reductions, correct skill imbalances, or reduce the number of
high-grade, managerial, or supervisory positions),''.
(b) Eligibility.--Subsection (c) of such section is amended--
(1) in paragraph (2), by inserting ``objective and nonpersonal''
after ``similar''; and
(2) by adding at the end the following:
``A determination of which employees are within the scope of an offer
of separation pay shall be made only on the basis of consistent and
well-documented application of the relevant criteria.''.
(c) Installment Payments.--Subsection (d) of such section is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) shall be paid in a lump-sum or in installments;'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by striking the period at the end of paragraph (4) and inserting
``; and''; and
(4) by adding at the end the following:
``(5) if paid in installments, shall cease to be paid upon the
recipient's acceptance of employment by the Federal Government, or
commencement of work under a personal services contract, as described in
subsection (g)(1).''.
(d) Applicability of Repayment Requirement to Reemployment Under
Personal Services Contracts.--Subsection (g)(1) of such section is
amended by inserting after ``employment with the Government of the
United States'' the following: ``, or who commences work for an agency
of the United States through a personal services contract with the
United States,''.
SEC. 1152. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY
RETIREMENT AUTHORITY.
(a) Civil Service Retirement System.--Section 8336 of title 5, United
States Code, is amended--
(1) in subsection (d)(2), by inserting ``except in the case of an
employee who is separated from the service under a program carried out
under subsection (o),'' after ``(2)''; and
(2) by adding at the end the following:
``(o)(1) The Secretary of Defense may, during fiscal years 2002 and
2003, carry out a program under which an employee of the Department of
Defense may be separated from the service entitled to an immediate
annuity under this subchapter if the employee--
``(A) has--
``(i) completed 25 years of service; or
``(ii) become 50 years of age and completed 20 years of service; and
``(B) is eligible for the annuity under paragraph (2) or (3).
``(2)(A) For the purposes of paragraph (1), an employee referred to
in that paragraph is eligible for an immediate annuity under this
paragraph if the employee--
``(i) is separated from the service involuntarily other than for
cause; and
``(ii) has not declined a reasonable offer of another position in
the Department of Defense for which the employee is qualified, which is
not lower than 2 grades (or pay levels) below the employee's grade (or
pay level), and which is within the employee's commuting area.
``(B) For the purposes of paragraph (2)(A)(i), a separation for
failure to accept a directed reassignment to a position outside the
commuting area of the employee concerned or to accompany a position
outside of such area pursuant to a transfer of function may not be
considered to be a removal for cause.
``(3) For the purposes of paragraph (1), an employee referred to in
that paragraph is eligible for an immediate annuity under this paragraph
if the employee satisfies all of the following conditions:
``(A) The employee is separated from the service voluntarily during
a period in which the organization within the Department of Defense in
which the employee is serving is undergoing a major organizational
adjustment.
``(B) The employee has been employed continuously by the Department
of Defense for more than 30 days before the date on which the head of
the employee's organization requests the determinations required under
subparagraph (A).
``(C) The employee is serving under an appointment that is not
limited by time.
``(D) The employee is not in receipt of a decision notice of
involuntary separation for misconduct or unacceptable performance.
``(E) The employee is within the scope of an offer of voluntary
early retirement, as defined on the basis of one or more of the
following objective criteria:
``(i) One or more organizational units.
``(ii) One or more occupational groups, series, or levels.
``(iii) One or more geographical locations.
``(iv) Any other similar objective and nonpersonal criteria that the
Office of Personnel Management determines appropriate.
``(4) Under regulations prescribed by the Office of Personnel
Management, the determinations of whether an employee meets--
``(A) the requirements of subparagraph (A) of paragraph (3) shall be
made by the Office, upon the request of the Secretary of Defense; and
``(B) the requirements of subparagraph (E) of such paragraph shall
be made by the Secretary of Defense.
``(5) A determination of which employees are within the scope of an
offer of early retirement shall be made only on the basis of consistent
and well-documented application of the relevant criteria.
``(6) In this subsection, the term `major organizational adjustment'
means any of the following:
``(A) A major reorganization.
``(B) A major reduction in force.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade, managerial, supervisory,
or similar positions.''.
(b) Federal Employees' Retirement System.--Section 8414 of such title
is amended--
(1) in subsection (b)(1)(B), by inserting ``except in the case of an
employee who is separated from the service under a program carried out
under subsection (d),'' after ``(B)''; and
(2) by adding at the end the following:
``(d)(1) The Secretary of Defense may, during fiscal years 2002 and
2003, carry out a program under which an employee of the Department of
Defense may be separated from the service entitled to an immediate
annuity under this subchapter if the employee--
``(A) has--
``(i) completed 25 years of service; or
``(ii) become 50 years of age and completed 20 years of service; and
``(B) is eligible for the annuity under paragraph (2) or (3).
``(2)(A) For the purposes of paragraph (1), an employee referred to
in that paragraph is eligible for an immediate annuity under this
paragraph if the employee--
``(i) is separated from the service involuntarily other than for
cause; and
``(ii) has not declined a reasonable offer of another position in
the Department of Defense for which the employee is qualified, which is
not lower than 2 grades (or pay levels) below the employee's grade (or
pay level), and which is within the employee's commuting area.
``(B) For the purposes of paragraph (2)(A)(i), a separation for
failure to accept a directed reassignment to a position outside the
commuting area of the employee concerned or to accompany a position
outside of such area pursuant to a transfer of function may not be
considered to be a removal for cause.
``(3) For the purposes of paragraph (1), an employee referred to in
that paragraph is eligible for an immediate annuity under this paragraph
if the employee satisfies all of the following conditions:
``(A) The employee is separated from the service voluntarily during
a period in which the organization within the Department of Defense in
which the employee is serving is undergoing a major organizational
adjustment.
``(B) The employee has been employed continuously by the Department
of Defense for more than 30 days before the date on which the head of
the employee's organization requests the determinations required under
subparagraph (A).
``(C) The employee is serving under an appointment that is not
limited by time.
``(D) The employee is not in receipt of a decision notice of
involuntary separation for misconduct or unacceptable performance.
``(E) The employee is within the scope of an offer of voluntary
early retirement, as defined on the basis of one or more of the
following objective criteria:
``(i) One or more organizational units.
``(ii) One or more occupational groups, series, or levels.
``(iii) One or more geographical locations.
``(iv) Any other similar objective and nonpersonal criteria that the
Office of Personnel Management determines appropriate.
``(4) Under regulations prescribed by the Office of Personnel
Management, the determinations of whether an employee meets--
``(A) the requirements of subparagraph (A) of paragraph (3) shall be
made by the Office upon the request of the Secretary of Defense; and
``(B) the requirements of subparagraph (E) of such paragraph shall
be made by the Secretary of Defense.
``(5) A determination of which employees are within the scope of an
offer of early retirement shall be made only on the basis of consistent
and well-documented application of the relevant criteria.
``(6) In this subsection, the term `major organizational adjustment'
means any of the following:
``(A) A major reorganization.
``(B) A major reduction in force.
``(C) A major transfer of function.
``(D) A workforce restructuring--
``(i) to meet mission needs;
``(ii) to achieve one or more reductions in strength;
``(iii) to correct skill imbalances; or
``(iv) to reduce the number of high-grade, managerial, supervisory,
or similar positions.''.
(c) Conforming Amendments.--(1) Section 8339(h) of such title is
amended by striking out ``or (j)'' in the first sentence and inserting
``(j), or (o)''.
(2) Section 8464(a)(1)(A)(i) of such title is amended by striking out
``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.
SEC. 1153. LIMITATIONS.
(a) Fiscal Year 2001 Limitations on VSIP.--Section 5597 of title 5,
United States Code, as amended by section 1151, is further amended by
adding at the end the following new subsection:
``(i)(1) Notwithstanding any other provision of this section, during
fiscal year 2001, separation pay may be offered under the program
carried out under this section with respect to workforce restructuring
only to persons who, upon separation, are entitled to an immediate
annuity under section 8336, 8412, or 8414 of this title and are
otherwise eligible for the separation pay under this section.
``(2) In the administration of the program under this section during
fiscal year 2001, the Secretary shall ensure that not more than 1,000
employees are, as a result of workforce restructuring, separated from
service in that fiscal year entitled to separation pay under this
section.
``(3) Separation pay may not be offered as a result of workforce
restructuring under the program carried out under this section after
fiscal year 2003.''.
(b) Limitations for Fiscal Years 2002 and 2003 on VSIP and VERA.--(1)
Subject to paragraph (2), the Secretary of Defense shall ensure that, in
each of fiscal years 2002 and 2003, not more than 4,000 employees of the
Department of Defense are, as a result of workforce restructuring,
separated from service entitled to one or more of the following
benefits:
(A) Voluntary separation incentive pay under section 5597 of title
5, United States Code.
(B) Immediate annuity under section 8336(o) or 8414(d) of such title.
(2) Notwithstanding sections 5597(e), 8336(o), and 8414(d) of title
5, United States Code, the Secretary of Defense may carry out the
programs authorized in those sections during fiscal years 2002 and 2003
with respect to workforce restructuring only to the extent provided in a
law enacted by the One Hundred Seventh Congress.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SUBTITLE A--MATTERS RELATED TO ARMS CONTROL
Sec. 1201. Support of United Nations-sponsored efforts to inspect
and monitor Iraqi weapons activities.
Sec. 1202. Support of consultations on Arab and Israeli arms
control and regional security issues.
Sec. 1203. Furnishing of nuclear test monitoring equipment to
foreign governments.
Sec. 1204. Additional matters for annual report on transfers of
militarily sensitive technology to countries and entities of concern.
SUBTITLE B--MATTERS RELATING TO THE BALKANS
Sec. 1211. Annual report assessing effect of continued operations
in the Balkans region on readiness to execute the national military
strategy.
Sec. 1212. Situation in the Balkans.
Sec. 1213. Semiannual report on Kosovo peacekeeping.
SUBTITLE C--NORTH ATLANTIC TREATY ORGANIZATION AND UNITED STATES FORCES
IN EUROPE
Sec. 1221. NATO fair burdensharing.
Sec. 1222. Repeal of restriction preventing cooperative airlift
support through acquisition and cross-servicing agreements.
Sec. 1223. GAO study on the benefits and costs of United States
military engagement in Europe.
SUBTITLE D--OTHER MATTERS
Sec. 1231. Joint data exchange center with Russian Federation on
early warning systems and notification of ballistic missile launches.
Sec. 1232. Report on sharing and exchange of ballistic missile
launch early warning data.
Sec. 1233. Annual report of Communist Chinese military companies
operating in the United States.
Sec. 1234. Adjustment of composite theoretical performance levels
of high performance computers.
Sec. 1235. Increased authority to provide health care services as
humanitarian and civic assistance.
Sec. 1236. Sense of Congress regarding the use of children as soldiers.
Sec. 1237. Sense of Congress regarding undersea rescue and recovery.
Sec. 1238. United States-China Security Review Commission.
Subtitle A--Matters Related to Arms Control
SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year 2001--The total
amount of the assistance for fiscal year 2001 that is provided by the
Secretary of Defense under section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
Department of Defense in support of activities under that Act may not
exceed $15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f) of
section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) is amended by striking ``2000'' and inserting ``2001''.
SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS
CONTROL AND REGIONAL SECURITY ISSUES.
Of the amount authorized to be appropriated by section 301(5), up to
$1,000,000 is available for the support of programs to promote formal
and informal region-wide consultations among Arab, Israeli, and United
States officials and experts on arms control and security issues
concerning the Middle East region.
SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT TO
FOREIGN GOVERNMENTS.
(a) In General.--Chapter 152 of title 10, United States Code, is
amended by adding at the end the following new section:
``2555. Nuclear test monitoring equipment: furnishing to
foreign governments
``(a) Authority To Convey or Provide Nuclear Test Monitoring
Equipment.--Subject to subsection (b), the Secretary of Defense may--
``(1) convey or otherwise provide to a foreign government (A)
equipment for the monitoring of nuclear test explosions, and (B)
associated equipment; and
``(2) as part of any such conveyance or provision of equipment,
install such equipment on foreign territory or in international waters.
``(b) Agreement Required.--Nuclear test explosion monitoring
equipment may be conveyed or otherwise provided under subsection (a)
only pursuant to the terms of an agreement between the United States and
the foreign government receiving the equipment in which the recipient
foreign government agrees--
``(1) to provide the United States with timely access to the data
produced, collected, or generated by the equipment;
``(2) to permit the Secretary of Defense to take such measures as
the Secretary considers necessary to inspect, test, maintain, repair, or
replace that equipment, including access for purposes of such measures;
and
``(3) to return such equipment to the United States (or allow the
United States to recover such equipment) if either party determines that
the agreement no longer serves its interests.
``(c) Report.--Promptly after entering into any agreement under
subsection (b), the Secretary of Defense shall submit to Congress a
report on the agreement. The report shall identify the country with
which the agreement was made, the anticipated costs to the United States
to be incurred under the agreement, and the national interest of the
United States that is furthered by the agreement.
``(d) Limitation on Delegation.--The Secretary of Defense may
delegate the authority of the Secretary to carry out this section only
to the Secretary of the Air Force. Such a delegation may be
redelegated.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2555. Nuclear test monitoring equipment: furnishing to foreign
governments.''.
SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS
OF MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND ENTITIES OF CONCERN.
Section 1402(b) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 798) is amended by adding at the
end the following new paragraph:
``(4) The status of the implementation or other disposition of
recommendations included in reports of audits by Inspectors General that
have been set forth in a previous annual report under this section
pursuant to paragraph (3).''.
Subtitle B--Matters Relating to the Balkans
SEC. 1211. ANNUAL REPORT ASSESSING EFFECT OF CONTINUED
OPERATIONS IN THE BALKANS REGION ON READINESS TO EXECUTE THE NATIONAL
MILITARY STRATEGY.
Section 1035 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65; 113 Stat. 753) is amended--
(1) in subsection (a), by striking ``Not later than 180 days after
the date of the enactment of this Act,'' and inserting ``Not later than
April 1 each year (but subject to subsection (e)),'';
(2) in subsection (b), by striking ``The report'' in the matter
preceding paragraph (1) and inserting ``Each report'';
(3) in subsection (d), by striking ``the report'' and inserting ``a
report''; and
(4) by adding at the end the following new subsection:
``(e) Termination When United States Military Operations End.--(1) No
report is required under this section after United States military
operations in the Balkans region have ended.
``(2) After the requirement for an annual report under this section
is terminated by operation of paragraph (1), but not later than the
latest date on which the next annual report under this section would,
except for paragraph (1), otherwise be due, the Secretary of Defense
shall transmit to Congress a notification of the termination of the
reporting requirement.''.
SEC. 1212. SITUATION IN THE BALKANS.
(a) Establishment of NATO Benchmarks for Withdrawal of Forces From
Kosovo.-- The President shall develop, not later than May 31, 2001,
militarily significant benchmarks for conditions that would achieve a
sustainable peace in Kosovo and ultimately allow for the withdrawal of
the United States military presence in Kosovo. Congress urges the
President to seek concurrence among member nations of the North Atlantic
Treaty Organization in the development of those benchmarks.
(b) Comprehensive Political-Military Strategy.--(1) The President--
(A) shall develop a comprehensive political-military strategy for
addressing the political, economic, humanitarian, and military issues in
the Balkans; and
(B) shall establish near-term, mid-term, and long-term objectives in
the region.
(2) In developing that strategy and those objectives, the President
shall take into consideration--
(A) the benchmarks relating to Kosovo developed as described in
subsection (a); and
(B) the benchmarks relating to Bosnia that were detailed in the
report accompanying the certification by the President to Congress on
March 3, 1998 (printed as House Document 105 223), with respect to the
continued presence of United States Armed Forces, after June 30, 1998,
in Bosnia and Herzegovina, submitted to Congress pursuant to section 7
of title I of the 1998 Supplemental Appropriations and Rescissions Act
(Public Law 105 174; 112 Stat. 63).
(3) That strategy and those objectives shall be developed in
consultation with appropriate regional and international entities.
(c) Semiannual Report on Benchmarks.--Not later than June 30, 2001,
and every six months thereafter, the President shall submit to Congress
a report on the progress made in achieving the benchmarks developed
pursuant to subsection (a). The President may submit a single report
covering these benchmarks and the benchmarks relating to Bosnia referred
to in subsection (b)(2)(B).
(d) Semiannual Report on Comprehensive Strategy.--Not later than June
30, 2001, and every six months thereafter so long as United States
forces are in the Balkans, the President shall submit to Congress a
report on the progress being made in developing and implementing a
comprehensive political-military strategy as described in subsection
(b)(1)(A).
SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACEKEEPING.
(a) Requirement for Periodic Report.--The President shall submit to
the specified congressional committees a semiannual report on the
contributions of European nations and organizations to the peacekeeping
operations in Kosovo. The first such report shall be submitted not later
than December 1, 2000.
(b) Content of Report.--Each report shall contain detailed
information on the following:
(1) The commitments and pledges made by the European Commission, the
member nations of the European Union, and the European member nations of
the North Atlantic Treaty Organization for--
(A) reconstruction assistance in Kosovo;
(B) humanitarian assistance in Kosovo;
(C) the Kosovo Consolidated Budget;
(D) police (including special police) for the United Nations
international police force for Kosovo; and
(E) military personnel for peacekeeping operations in Kosovo.
(2) The amount of the assistance that has been provided in each
category, and the number of police and military personnel that have been
deployed to Kosovo, by each organization or nation referred to in
paragraph (1).
(3) The full range of commitments and responsibilities that have
been undertaken for Kosovo by the United Nations, the European Union,
and the Organization for Security and Cooperation in Europe (OSCE), the
progress made by those organizations in fulfilling those commitments and
responsibilities, an assessment of the tasks that remain to be
accomplished, and an anticipated schedule for completing those tasks.
(d) Specified Congressional Committees.--In the section, the term
``specified congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on International
Relations, and the Committee on Appropriations of the House of
Representatives.
Subtitle C--North Atlantic Treaty Organization and United
States Forces in Europe
SEC. 1221. NATO FAIR BURDENSHARING.
(a) Report on Costs of Operation Allied Force.--The Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the costs to the United States of the 78-day air campaign
known as Operation Allied Force conducted against the Federal Republic
of Yugoslavia during the period from March 24 through June 9, 1999. The
report shall include the following:
(1) The costs of ordnance expended, fuel consumed, and personnel.
(2) The estimated cost of the reduced service life of United States
aircraft and other systems participating in the operation.
(b) Report on Burdensharing of Future NATO Operations.--Whenever the
North Atlantic Treaty Organization undertakes a military operation, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report describing--
(1) the contributions to that operation made by each of the member
nations of the North Atlantic Treaty Organization during that operation;
and
(2) the contributions that each of the member nations of the North
Atlantic Treaty Organization are making or have pledged to make during
any follow-on operation.
(c) Time for Submission of Report.--A report under subsection (b)
shall be submitted not later than 90 days after the completion of the
military operation.
(d) Applicability.--Subsection (b) shall apply only with respect to
military operations begun after the date of the enactment of this Act.
SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOPERATIVE
AIRLIFT SUPPORT THROUGH ACQUISITION AND CROSS-SERVICING AGREEMENTS.
Section 2350c of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF UNITED
STATES MILITARY ENGAGEMENT IN EUROPE.
(a) Comptroller General Study.--The Comptroller General shall conduct
a study assessing the benefits and costs to the United States and United
States national security interests of the engagement of United States
forces in Europe and of United States military strategies used to shape
the international security environment in Europe.
(b) Matters To Be Included.--The study shall include an assessment of
the following matters:
(1) The benefits and costs to the United States of having forces
stationed in Europe and assigned to areas of regional conflict such as
Bosnia and Kosovo.
(2) The benefits and costs associated with stationing United States
forces in Europe and with assigning those forces to areas of regional
conflict, including an analysis of the benefits and costs of deploying
United States forces with the forces of European allies.
(3) The amount and type of the following kinds of contributions to
European security made by European allies in 1999 and 2000:
(A) Financial contributions.
(B) Contributions of military personnel and units.
(C) Contributions of nonmilitary personnel, such as medical
personnel, police officers, judicial officers, and other civic
officials.
(D) Contributions, including contributions in kind, for humanitarian
and reconstruction assistance and infrastructure building or activities
that contribute to regional stability, whether in lieu of or in addition
to military-related contributions.
(4) The extent to which a forward United States military presence
compensates for existing shortfalls of air and sea lift capability in
the event of regional conflict in Europe or the Middle East.
(c) Report.--The Comptroller General shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report on
the results of the study not later than December 1, 2001.
Subtitle D--Other Matters
SEC. 1231. JOINT DATA EXCHANGE CENTER WITH RUSSIAN FEDERATION
ON EARLY WARNING SYSTEMS AND NOTIFICATION OF BALLISTIC MISSILE LAUNCHES.
(a) Authority.--The Secretary of Defense is authorized to establish,
in conjunction with the Government of the Russian Federation, a United
States-Russian Federation joint center for the exchange of data from
systems to provide early warning of launches of ballistic missiles and
for notification of launches of such missiles.
(b) Specific Actions.--The actions that the Secretary undertakes for
the establishment of the center may include--
(1) subject to subsection (d), participating in the renovation of a
mutually agreed upon facility to be made available by the Russian
Federation; and
(2) the furnishing of such equipment and supplies as may be
necessary to begin the operation of the center.
(c) Report Required.--(1) Not later than 30 days after the date of
the enactment of this Act, the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on plans for the joint data
exchange center.
(2) The report shall include the following:
(A) A detailed explanation as to why the particular facility
intended to house the center was chosen.
(B) An estimate of the total cost of renovating that facility for
use by the center.
(C) A description of the manner by which the United States proposes
to meet its share of the costs of such renovation.
(d) Limitation.--(1) The Secretary of Defense may participate under
subsection (b) in the renovation of the facility identified in the
report under subsection (c) only if the United States and the Russian
Federation enter into a cost-sharing arrangement that provides for an
equal sharing between the two nations of the cost of establishing the
center, including the costs of renovating and operating the facility.
(2) Not more than $4,000,000 of funds appropriated for fiscal year
2001 may be obligated or expended after the date of the enactment of
this Act by the Secretary of Defense for the renovation of such facility
until 30 days after the date on which the Secretary submits to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a copy of a written agreement
between the United States and the Russian Federation that provides
details of the cost-sharing arrangement specified in paragraph (1), in
accordance with the Memorandum of Agreement between the two nations
signed in Moscow in June 2000.
SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BALLISTIC MISSILE
LAUNCH EARLY WARNING DATA.
Not later than March 15, 2001, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on current and
planned activities of the Department of Defense with respect to the
sharing and exchange with other countries of early warning data
concerning ballistic missile launches. The report shall include the
Secretary's assessment of the benefits and risks of sharing such data
with other countries on a bilateral or multilateral basis.
SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILITARY
COMPANIES OPERATING IN THE UNITED STATES.
Section 1237(b) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is amended--
(1) by striking `` Publication'' in the subsection heading and
inserting `` Reporting''; and
(2) by striking paragraphs (1) and (2) and inserting the following:
``(1) Initial determination and reporting.--Not later than March 1,
2001, the Secretary of Defense shall make a determination of those
persons operating directly or indirectly in the United States or any of
its territories and possessions that are Communist Chinese military
companies and shall submit a list of those persons in classified and
unclassified form to the following:
``(A) The Committee on Armed Services of the House of Representatives.
``(B) The Committee on Armed Services of the Senate.
``(C) The Secretary of State.
``(D) The Secretary of the Treasury.
``(E) The Attorney General.
``(F) The Secretary of Commerce.
``(G) The Secretary of Energy.
``(H) The Director of Central Intelligence.
``(2) Annual revisions to the list.--The Secretary of Defense shall
make additions or deletions to the list submitted under paragraph (1) on
an annual basis based on the latest information available and shall
submit the updated list not later than February 1, each year to the
committees and officers specified in paragraph (1).''.
SEC. 1234. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE
LEVELS OF HIGH PERFORMANCE COMPUTERS.
(a) Layover Period for New Performance Levels.--Section 1211 of the
National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App.
2404 note) is amended--
(1) in the second sentence of subsection (d), by striking ``180''
and inserting ``60''; and
(2) by adding at the end the following new subsection:
``(h) Calculation of 60- Day Period.--The 60-day period referred to
in subsection (d) shall be calculated by excluding the days on which
either House of Congress is not in session because of an adjournment of
the Congress sine die.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to any new composite theoretical performance level established for
purposes of section 1211(a) of the National Defense Authorization Act
for Fiscal Year 1998 that is submitted by the President pursuant to
section 1211(d) of that Act on or after the date of the enactment of
this Act.
SEC. 1235. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES
AS HUMANITARIAN AND CIVIC ASSISTANCE.
Section 401(e)(1) of title 10, United States Code, is amended by
striking ``rural areas of a country'' and inserting ``areas of a country
that are rural or are underserved by medical, dental, and veterinary
professionals, respectively''.
SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN AS SOLDIERS.
(a) Findings.--Congress makes the following findings:
(1) In the year 2000, approximately 300,000 individuals under the
age of 18 are participating in armed conflict in more than 30 countries
worldwide.
(2) Many children participating in armed conflict in various
countries around the world are forcibly conscripted through kidnapping
or coercion, while others join military units due to economic necessity,
to avenge the loss of a family member, or for their own personal safety.
(3) Many military commanders frequently force child soldiers to
commit gruesome acts of ritual killings or torture against their
enemies, including against other children.
(4) Many military commanders separate children from their families
in order to foster dependence on military units and leaders, leaving
children vulnerable to manipulation, deep traumatization, and in need of
psychological counseling and rehabilitation.
(5) Child soldiers are exposed to hazardous conditions and risk
physical injuries, sexually transmitted diseases, malnutrition, deformed
backs and shoulders from carrying overweight loads, and respiratory and
skin infections.
(6) Many young female soldiers face the additional psychological and
physical horrors of rape and sexual abuse, being enslaved for sexual
purposes by militia commanders, and forced to endure severe social
stigma should they return home.
(7) Children in northern Uganda continue to be kidnapped by the
Lords Resistance Army (LRA), which is supported and funded by the
Government of Sudan and which has committed and continues to commit
gross human rights violations in Uganda.
(8) Children in Sri Lanka have been forcibly recruited by the
opposition Tamil Tigers movement and forced to kill or be killed in the
armed conflict in that country.
(9) An estimated 7,000 child soldiers have been involved in the
conflict in Sierra Leone, some as young as age 10, with many being
forced to commit extrajudicial executions, torture, rape, and
amputations for the rebel Revolutionary United Front.
(10) On January 21, 2000, in Geneva, a United Nations Working Group,
including representatives from more than 80 governments including the
United States, reached consensus on an international agreement, referred
to in this case as an ``optional protocol'', on the use of child
soldiers.
(11) This optional protocol, upon entry into force, will--
(A) raise the international minimum age for conscription and will
require governments to take all feasible measures to ensure that members
of their armed forces under age 18 do not participate directly in
combat;
(B) prohibit the recruitment and use in armed conflict of persons
under the age of 18 by non-governmental armed forces;
(C) encourage governments to raise the minimum legal age for
voluntary recruits above the current standard of 15, and
(D) commit governments to support the demobilization and
rehabilitation of child soldiers and, when possible, to allocate
resources to this purpose.
(12) On October 29, 1998, United Nations Secretary General Kofi
Annan set minimum age requirements for United Nations peacekeeping
personnel that are made available by member nations of the United
Nations.
(13) The United Nations Under-Secretary General for Peace-keeping,
Bernard Miyet, announced in the Fourth Committee of the General Assembly
that contributing governments of member nations were asked not to send
civilian police and military observers under the age of 25 and that
troops in national contingents should preferably be at least 21 years of
age but in no case should they be younger than 18 years of age.
(14) On August 25, 1999, the United Nations Security Council
unanimously passed Resolution 1261 (1999) condemning the use of children
in armed conflicts.
(15) In addressing the Security Council on August 26, 1999, the
Special Representative of the Secretary General for Children and Armed
Conflict, Olara Otunnu, urged the adoption of a global three-pronged
approach to combatting the use of children in armed conflict that
would--
(A) first, raise the age limit for recruitment and participation in
armed conflict from the present age of 15 to the age of 18;
(B) second, increase international pressure on armed groups which
currently abuse children; and
(C) third, address the political, social, and economic factors that
create an environment in which children are induced by appeal of
ideology or by socio-economic collapse to become child soldiers.
(16) The United States delegation to the United Nations working
group relating to child soldiers, which included representatives from
the Department of Defense, supported the Geneva agreement on the
optional protocol.
(17) On May 25, 2000, the United Nations General Assembly
unanimously adopted the optional protocol on the use of child soldiers.
(18) The optional protocol was opened for signature on June 5, 2000.
(19) The President signed the optional protocol on behalf of the
United States on July 5, 2000.
(b) Congressional Statements on Child Soldiers.--Congress joins the
international community in--
(1) condemning the use of children as soldiers by governmental and
nongovernmental armed forces worldwide; and
(2) welcoming the optional protocol on the use of child soldiers
adopted by the United Nations General Assembly on May 25, 2000, as a
critical first step in ending the use of children as soldiers.
(c) Sense of Congress on Further Actions.--It is the sense of
Congress that--
(1) it is essential that the President consult closely with the
Senate with the objective of building support for ratification by the
United States of the optional protocol and that the Senate move forward
as expeditiously as possible;
(2) the United States should provide assistance, through a new fund
to be established by law, for the rehabilitation and reintegration into
their respective civilian societies of child soldiers of other nations;
and
(3) the President, acting through the Secretaries of State and
Defense and other appropriate officials, should undertake all possible
efforts to persuade and encourage other governments to ratify and
endorse the optional protocol on the use of child soldiers.
SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA RESCUE AND RECOVERY.
(a) Findings.--Congress makes the following findings:
(1) The tragic loss in August 2000 of the Russian submarine Kursk
resulted in the death of all 118 members of the submarine's crew.
(2) The Kursk is the third vessel of the submarine fleet of the
Russian Federation and its predecessor, the Union of Soviet Socialist
Republics, to be lost in an accident at sea with considerable loss of
life of the officers and crews of those submarines.
(3) The United States submarines USS Thresher and USS Scorpion, with
their officers and crews, were also lost at sea in tragic accidents, in
1963 and 1968, respectively.
(4) The United States, the Russian Federation, and other maritime
nations possess extensive capabilities consisting of naval and research
vessels and other assets that could be used to respond to accidents or
incidents involving submarines or other undersea vessels.
(5) The United States Navy has rescue agreements with the navies of
14 countries from Europe, the Western Pacific, and the Americas, but not
including the Russian Federation, and exercises regularly to train crews
and practice submarine rescue procedures with the navies of
participating nations.
(b) Expression of Sympathy.--Congress expresses its sympathy and the
sympathy of the American people to the people of the Russian Federation
and joins the Russian people in mourning the death of the crewmen of the
submarine Kursk.
(c) Sense of Congress Concerning International Cooperation.--It is
the sense of Congress that when undersea accidents or incidents
involving submarines or other undersea vessels occur, it is in the best
interests of all nations to work together to respond promptly to the
accident or incident, rescue and recover the crew of the vessel,
minimize the loss of life, and prevent damage to the oceans.
(d) Establishment of Plan for Responding to Undersea Accidents or
Incidents.--Congress urges the President of the United States and the
President of the Russian Federation, in coordination with the leaders of
other maritime nations that possess undersea naval and research vessels
and undersea rescue capabilities, to cooperate in establishing a plan
for--
(1) responding to accidents or incidents involving submarines or
other undersea vessels; and
(2) rescue and recovery of the crew of the vessels involved in such
accidents or incidents.
SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COMMISSION.
(a) Purposes.--The purposes of this section are as follows:
(1) To establish the United States-China Security Review Commission
to review the national security implications of trade and economic ties
between the United States and the People's Republic of China.
(2) To facilitate the assumption by the United States-China Security
Review Commission of its duties regarding the review referred to in
paragraph (1) by providing for the transfer to that Commission of staff,
materials, and infrastructure (including leased premises) of the Trade
Deficit Review Commission that are appropriate for the review upon the
submittal of the final report of the Trade Deficit Review Commission.
(b) Establishment of United States-China Security Review
Commission.--
(1) In general.--There is hereby established a commission to be
known as the United States-China Security Review Commission (in this
section referred to as the ``Commission'').
(2) Purpose.--The purpose of the Commission is to monitor,
investigate, and report to Congress on the national security
implications of the bilateral trade and economic relationship between
the United States and the People's Republic of China.
(3) Membership.--The United States-China Security Review Commission
shall be composed of 12 members, who shall be appointed in the same
manner provided for the appointment of members of the Trade Deficit
Review Commission under section 127(c)(3) of the Trade Deficit Review
Commission Act (19 U.S.C. 2213 note), except that--
(A) appointment of members by the Speaker of the House of
Representatives shall be made after consultation with the chairman of
the Committee on Armed Services of the House of Representatives, in
addition to consultation with the chairman of the Committee on Ways and
Means of the House of Representatives provided for under clause (iii) of
subparagraph (A) of that section;
(B) appointment of members by the President pro tempore of the
Senate upon the recommendation of the majority leader of the Senate
shall be made after consultation with the chairman of the Committee on
Armed Services of the Senate, in addition to consultation with the
chairman of the Committee on Finance of the Senate provided for under
clause (i) of that subparagraph;
(C) appointment of members by the President pro tempore of the
Senate upon the recommendation of the minority leader of the Senate
shall be made after consultation with the ranking minority member of the
Committee on Armed Services of the Senate, in addition to consultation
with the ranking minority member of the Committee on Finance of the
Senate provided for under clause (ii) of that subparagraph;
(D) appointment of members by the minority leader of the House of
Representatives shall be made after consultation with the ranking
minority member of the Committee on Armed Services of the House of
Representatives, in addition to consultation with the ranking minority
member of the Committee on Ways and Means of the House of
Representatives provided for under clause (iv) of that subparagraph;
(E) persons appointed to the Commission shall have expertise in
national security matters and United States-China relations, in addition
to the expertise provided for under subparagraph (B)(i)(I) of that
section;
(F) members shall be appointed to the Commission not later than 30
days after the date on which each new Congress convenes;
(G) members of the Commission may be reappointed for additional
terms of service as members of the Commission; and
(H) members of the Trade Deficit Review Commission as of the date of
the enactment of this Act shall serve as members of the United
States-China Security Review Commission until such time as members are
first appointed to the United States-China Security Review Commission
under this paragraph.
(4) Retention of support.--The United States-China Security Review
Commission shall retain and make use of such staff, materials, and
infrastructure (including
leased premises) of the Trade Deficit Review Commission as the
United States-China Security Review Commission determines, in the
judgment of the members of the United States-China Security Review
Commission, are required to facilitate the ready commencement of
activities of the United States-China Security Review Commission under
subsection (c) or to carry out such activities after the commencement of
such activities.
(5) Chairman and vice chairman.--The members of the Commission shall
select a Chairman and Vice Chairman of the Commission from among the
members of the Commission.
(6) Meetings.--
(A) Meetings.--The Commission shall meet at the call of the Chairman
of the Commission.
(B) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business of the Commission.
(7) Voting.--Each member of the Commission shall be entitled to one
vote, which shall be equal to the vote of every other member of the
Commission.
(c) Duties.--
(1) Annual report.--Not later than March 1 each year (beginning in
2002), the Commission shall submit to Congress a report, in both
unclassified and classified form, regarding the national security
implications and impact of the bilateral trade and economic relationship
between the United States and the People's Republic of China. The report
shall include a full analysis, along with conclusions and
recommendations for legislative and administrative actions, if any, of
the national security implications for the United States of the trade
and current balances with the People's Republic of China in goods and
services, financial transactions, and technology transfers. The
Commission shall also take into account patterns of trade and transfers
through third countries to the extent practicable.
(2) Contents of report.--Each report under paragraph (1) shall
include, at a minimum, a full discussion of the following:
(A) The portion of trade in goods and services with the United
States that the People's Republic of China dedicates to military systems
or systems of a dual nature that could be used for military purposes.
(B) The acquisition by the People's Republic of China of advanced
military or dual-use technologies from the United States by trade
(including procurement) and other technology transfers, especially those
transfers, if any, that contribute to the proliferation of weapons of
mass destruction or their delivery systems, or that undermine
international agreements or United States laws with respect to
nonproliferation.
(C) Any transfers, other than those identified under subparagraph
(B), to the military systems of the People's Republic of China made by
United States firms and United States-based multinational corporations.
(D) An analysis of the statements and writing of the People's
Republic of China officials and officially-sanctioned writings that bear
on the intentions, if any, of the Government of the People's Republic of
China regarding the pursuit of military competition with, and leverage
over, or cooperation with, the United States and the Asian allies of the
United States.
(E) The military actions taken by the Government of the People's
Republic of China during the preceding year that bear on the national
security of the United States and the regional stability of the Asian
allies of the United States.
(F) The effects, if any, on the national security interests of the
United States of the use by the People's Republic of China of financial
transactions and capital flow and currency manipulations.
(G) Any action taken by the Government of the People's Republic of
China in the context of the World Trade Organization that is adverse or
favorable to the United States national security interests.
(H) Patterns of trade and investment between the People's Republic
of China and its major trading partners, other than the United States,
that appear to be substantively different from trade and investment
patterns with the United States and whether the differences have any
national security implications for the United States.
(I) The extent to which the trade surplus of the People's Republic
of China with the United States enhances the military budget of the
People's Republic of China.
(J) An overall assessment of the state of the security challenges
presented by the People's Republic of China to the United States and
whether the security challenges are increasing or decreasing from
previous years.
(3) Recommendations of report.--Each report under paragraph (1)
shall also include recommendations for action by Congress or the
President, or both, including specific recommendations for the United
States to invoke Article XXI (relating to security exceptions) of the
General Agreement on Tariffs and Trade 1994 with respect to the People's
Republic of China, as a result of any adverse impact on the national
security interests of the United States.
(d) Hearings.--
(1) In general.--The Commission or, at its direction, any panel or
member of the Commission, may for the purpose of carrying out the
provisions of this section, hold hearings, sit and act at times and
places, take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers advisable.
(2) Information.--The Commission may secure directly from the
Department of Defense, the Central Intelligence Agency, and any other
Federal department or agency information that the Commission considers
necessary to enable the Commission to carry out its duties under this
section, except the provision of intelligence information to the
Commission shall be made with due regard for the protection from
unauthorized disclosure of classified information relating to sensitive
intelligence sources and methods or other exceptionally sensitive
matters, under procedures approved by the Director of Central
Intelligence.
(3) Security.--The Office of Senate Security shall--
(A) provide classified storage and meeting and hearing spaces, when
necessary, for the Commission; and
(B) assist members and staff of the Commission in obtaining security
clearances.
(4) Security clearances.--All members of the Commission and
appropriate staff shall be sworn and hold appropriate security
clearances.
(e) Commission Personnel Matters.--
(1) Compensation of members.--Members of the United States-China
Security Review Commission shall be compensated in the same manner
provided for the compensation of members of the Trade Deficit Review
Commission under section 127(g)(1) and section 127(g)(6) of the Trade
Deficit Review Commission Act (19 U.S.C. 2213 note).
(2) Travel expenses.--Travel expenses of the United States-China
Security Review Commission shall be allowed in the same manner provided
for the allowance of the travel expenses of the Trade Deficit Review
Commission under section 127(g)(2) of the Trade Deficit Review
Commission Act.
(3) Staff.--An executive director and other additional personnel for
the United States-China Security Review Commission shall be appointed,
compensated, and terminated in the same manner provided for the
appointment, compensation, and termination of the executive director and
other personnel of the Trade Deficit Review Commission under section
127(g)(3) and section 127(g)(6) of the Trade Deficit Review Commission
Act.
(4) Detail of government employees.--Federal Government employees
may be detailed to the United States-China Security Review Commission in
the same manner provided for the detail of Federal Government employees
to the Trade Deficit Review Commission under section 127(g)(4) of the
Trade Deficit Review Commission Act.
(5) Foreign travel for official purposes.--Foreign travel for
official purposes by members and staff of the Commission may be
authorized by either the Chairman or the Vice Chairman of the
Commission.
(6) Procurement of temporary and intermittent services.--The
Chairman of the United States-China Security Review Commission may
procure temporary and intermittent services for the United States-China
Security Review Commission in the same manner provided for the
procurement of temporary and intermittent services for the Trade Deficit
Review Commission under section 127(g)(5) of the Trade Deficit Review
Commission Act.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
Commission for fiscal year 2001, and for each fiscal year thereafter,
such sums as may be necessary to enable the Commission to carry out its
functions under this section.
(2) Availability.--Amounts appropriated to the Commission shall
remain available until expended.
(g) Federal Advisory Committee Act.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Effective Date.--This section shall take effect on the first day
of the 107th Congress.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs
and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of
conventional weapons.
Sec. 1304. Limitations on use of funds for fissile material
storage facility.
Sec. 1305. Limitation on use of funds to support warhead
dismantlement processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil
fuel energy plants; report.
Sec. 1308. Reports on activities and assistance under Cooperative
Threat Reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons
grade plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104 201; 110 Stat.
2731; 50 U.S.C. 2362 note).
(b) Fiscal Year 2001 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2001 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $443,400,000 authorized to
be appropriated to the Department of Defense for fiscal year 2001 in
section 301(23) for Cooperative Threat Reduction programs, not more than
the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia, $177,800,000.
(2) For strategic nuclear arms elimination in Ukraine, $29,100,000.
(3) For activities to support warhead dismantlement processing in
Russia, $9,300,000.
(4) For weapons transportation security in Russia, $14,000,000.
(5) For planning, design, and construction of a storage facility for
Russian fissile material, $57,400,000.
(6) For weapons storage security in Russia, $89,700,000.
(7) For development of a cooperative program with the Government of
Russia to eliminate the production of weapons grade plutonium at Russian
reactors, $32,100,000.
(8) For biological weapons proliferation prevention activities in
the former Soviet Union, $12,000,000.
(9) For activities designated as Other Assessments/Administrative
Support, $13,000,000.
(10) For defense and military contacts, $9,000,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2001 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 30 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2001 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2001 for a
purpose listed in any of the paragraphs in subsection (a) in excess of
the amount specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount authorized
for such purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the intent to
do so together with a complete discussion of the justification for doing
so; and
(B) 15 days have elapsed following the date of the notification.
(3) The Secretary may not, under the authority provided in paragraph
(1), obligate amounts for the purposes stated in any of paragraphs (4),
(5), (7), (9), or (10) of subsection (a) in excess of 115 percent of the
amount specifically authorized for such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF
CONVENTIONAL WEAPONS.
No fiscal year 2001 Cooperative Threat Reduction funds, and no funds
appropriated for Cooperative Threat Reduction programs for any other
fiscal year, may be obligated or expended for elimination of
conventional weapons or the delivery vehicles primarily intended to
deliver such weapons.
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL
STORAGE FACILITY.
(a) Limitations.--No fiscal year 2001 Cooperative Threat Reduction
funds may be used--
(1) for construction of a second wing for the storage facility for
Russian fissile material referred to in section 1302(a)(5); or
(2) for design or planning with respect to such facility until 15
days after the date that the Secretary of Defense submits to Congress
notification that Russia and the United States have signed a written
transparency agreement that provides for verification that material
stored at the facility is of weapons origin.
(b) Establishment of Funding Cap for First Wing of Storage
Facility.--Out of funds authorized to be appropriated for Cooperative
Threat Reduction programs for fiscal year 2001 or any other fiscal year,
not more than $412,600,000 may be used for planning, design, or
construction of the first wing for the storage facility for Russian
fissile material referred to in section 1302(a)(5).
SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD
DISMANTLEMENT PROCESSING.
No fiscal year 2001 Cooperative Threat Reduction funds may be used
for activities to support warhead dismantlement processing in Russia
until 15 days after the date that the Secretary of Defense submits to
Congress notification that the United States has reached an agreement
with Russia, which shall provide for appropriate transparency measures,
regarding assistance by the United States with respect to such
processing.
SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.
The Secretary of Defense shall seek to enter into an agreement with
Russia regarding procedures to allow the United States appropriate
access to nuclear weapons storage sites for which assistance under
Cooperative Threat Reduction programs is provided.
SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF
FOSSIL FUEL ENERGY PLANTS; REPORT.
(a) In General.--No fiscal year 2001 Cooperative Threat Reduction
funds may be used for the construction of a fossil fuel energy plant
intended to provide power to local communities that already receive
power from nuclear energy plants that produce plutonium.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall submit to Congress a report detailing
options for assisting Russia in the development of alternative energy
sources to the three plutonium production reactors remaining in
operation in Russia. The report shall include--
(1) an assessment of the costs of building fossil fuel plants in
Russia to replace the existing plutonium production reactors; and
(2) an identification of funding sources, other than Cooperative
Threat Reduction funds, that could possibly be used for the construction
of such plants in the event that the option to use fossil fuel energy is
chosen as part of a plan to shut down Russia's nuclear plutonium
production reactors at Seversk and Zelenogorsk.
SEC. 1308. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER
COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) Annual Report.--In any year in which the budget of the President
under section 1105 of title 31, United States Code, for the fiscal year
beginning in such year requests funds for the Department of Defense for
assistance or activities under Cooperative Threat Reduction programs
with the states of the former Soviet Union, the Secretary of Defense
shall submit to Congress a report on activities and assistance during
the preceding fiscal year under Cooperative Threat Reduction programs
setting forth the matters in subsection (c).
(b) Deadline for Report.--The report under subsection (a) shall be
submitted not later than the first Monday in February of a year.
(c) Matters To Be Included.--The report under subsection (a) in a
year shall set forth the following:
(1) An estimate of the total amount that will be required to be
expended by the United States in order to achieve the objectives of the
Cooperative Threat Reduction programs.
(2) A five-year plan setting forth the amount of funds and other
resources proposed to be provided by the United States for Cooperative
Threat Reduction programs over the term of the plan, including the
purpose for which such funds and resources will be used, and to provide
guidance for the preparation of annual budget submissions with respect
to Cooperative Threat Reduction programs.
(3) A description of the Cooperative Threat Reduction activities
carried out during the fiscal year ending in the year preceding the year
of the report, including--
(A) the amounts notified, obligated, and expended for such
activities and the purposes for which such amounts were notified,
obligated, and expended for such fiscal year and cumulatively for
Cooperative Threat Reduction programs;
(B) a description of the participation, if any, of each department
and agency of the United States Government in such activities;
(C) a description of such activities, including the forms of
assistance provided;
(D) a description of the United States private sector participation
in the portion of such activities that were supported by the obligation
and expenditure of funds for Cooperative Threat Reduction programs; and
(E) such other information as the Secretary of Defense considers
appropriate to inform Congress fully of the operation of Cooperative
Threat Reduction programs and activities, including with respect to
proposed demilitarization or conversion projects, information on the
progress toward demilitarization of facilities and the conversion of the
demilitarized facilities to civilian activities.
(4) A description of the audits, examinations, and other efforts,
such as on-site inspections, conducted by the United States during the
fiscal year ending in the year preceding the year of the report to
ensure that assistance provided under Cooperative Threat Reduction
programs is fully accounted for and that such assistance is being used
for its intended purpose, including--
(A) if such assistance consisted of equipment, a description of the
current location of such equipment and the current condition of such
equipment;
(B) if such assistance consisted of contracts or other services, a
description of the status of such contracts or services and the methods
used to ensure that such contracts and services are being used for their
intended purpose;
(C) a determination whether the assistance described in
subparagraphs (A) and (B) has been used for its intended purpose; and
(D) a description of the audits, examinations, and other efforts
planned to be carried out during the fiscal year beginning in the year
of the report to ensure that Cooperative Threat Reduction assistance
provided during such fiscal year is fully accounted for and is used for
its intended purpose.
(5) A current description of the tactical nuclear weapons arsenal of
Russia, including--
(A) an estimate of the current types, numbers, yields, viability,
locations, and deployment status of the nuclear warheads in that
arsenal;
(B) an assessment of the strategic relevance of such warheads;
(C) an assessment of the current and projected threat of theft,
sale, or unauthorized use of such warheads; and
(D) a summary of past, current, and planned United States efforts to
work cooperatively with Russia to account for, secure, and reduce
Russia's stockpile of tactical nuclear warheads and associated fissile
materials.
(d) Input of DCI.--The Director of Central Intelligence shall submit
to the Secretary of Defense the views of the Director on any matters
covered by subsection (c)(5) in a report under subsection (a). Such
views shall be included in such report as a classified annex to such
report.
(e) Comptroller General Assessment.--Not later than 90 days after the
date on which a report is submitted to Congress under subsection (a),
the Comptroller General shall submit to Congress a report setting forth
the Comptroller General's assessment of the information described in
paragraphs (2) and (4) of subsection (c).
(f) First Report.--The first report submitted under subsection (a)
shall be submitted in 2001.
(g) Repeal of Superseded Reporting Requirements.--(1) The following
provisions of law are repealed:
(A) Section 1207 of the Cooperative Threat Reduction Act of 1994
(title XII of Public Law 103 160; 107 Stat. 1782; 22 U.S.C. 5956),
relating to semiannual reports on Cooperative Threat Reduction.
(B) Section 1203 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103 337; 108 Stat. 2882), relating to a
report accounting for United States assistance for Cooperative Threat
Reduction.
(C) Section 1206 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106; 22 U.S.C. 5955 note), relating to
accounting for United States assistance for Cooperative Threat
Reduction.
(D) Section 1307 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65; 113 Stat. 795), relating to a
limitation on use of funds for Cooperative Threat Reduction pending
submittal of a multiyear plan.
(2) Effective on the date the Secretary of Defense submits to
Congress an updated version of the multiyear plan for fiscal year 2001
as described in subsection (h), section 1205 of the National Defense
Authorization Act for Fiscal Year 1995 (108 Stat. 2883; 10 U.S.C. 5952
note), relating to multiyear planning and Allied support for Cooperative
Threat Reduction, is repealed.
(3) Section 1312 of the National Defense Authorization Act for Fiscal
Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note), relating to Russian
nonstrategic nuclear arms, is amended--
(A) by striking ``(a) Sense of Congress.--''; and
(B) by striking subsections (b) and (c).
(h) Limitation on Use of Funds Until Submission of Multiyear
Plan.--Not more than 10 percent of fiscal year 2001 Cooperative Threat
Reduction funds may be obligated or expended until the Secretary of
Defense submits to Congress an updated version of the multiyear plan for
fiscal year 2001 required to be submitted under section 1205 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law 103
337; 22 U.S.C. 5952 note).
(i) Report on Russian Nonstrategic Nuclear Arms.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on the following regarding
Russia's arsenal of tactical nuclear warheads:
(1) Estimates regarding current types, numbers, yields, viability,
locations, and deployment status of the warheads.
(2) An assessment of the strategic relevance of the warheads.
(3) An assessment of the current and projected threat of theft,
sale, or unauthorized use of the warheads.
(4) A summary of past, current, and planned United States efforts to
work cooperatively with Russia to account for, secure, and reduce
Russia's stockpile of tactical nuclear warheads and associated fissile
material.
SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.
(a) Sense of Congress.--It is the sense of Congress that the
international community should, when practicable, assist Russia in
eliminating its chemical weapons stockpile in accordance with Russia's
obligations under the Chemical Weapons Convention, and that the level of
such assistance should be based on--
(1) full and accurate disclosure by Russia of the size of its
existing chemical weapons stockpile;
(2) a demonstrated annual commitment by Russia to allocate at least
$25,000,000 to chemical weapons elimination;
(3) development by Russia of a practical plan for destroying its
stockpile of nerve agents;
(4) enactment of a law by Russia that provides for the elimination
of all nerve agents at a single site; and
(5) an agreement by Russia to destroy its chemical weapons
production facilities at Volgograd and Novocheboksark.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
that identifies--
(1) the amount spent by Russia for chemical weapons elimination
during fiscal year 2000;
(2) the specific assistance being provided to Russia by the
international community for the safe storage and elimination of Russia's
stockpile of nerve agents, including those nerve agents located at the
Shchuch'ye depot;
(3) the countries providing the assistance identified in paragraph
(2); and
(4) the value of the assistance that the international community has
already provided and has committed to provide in future years for the
purpose described in paragraph (2).
(c) Chemical Weapons Convention Defined.--In this section, the term
``Chemical Weapons Convention'' means the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction, opened for signature on January 13, 1993.
SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF
WEAPONS GRADE PLUTONIUM PROGRAM.
Of the amounts authorized to be appropriated by this Act for fiscal
year 2001 for the Elimination of Weapons Grade Plutonium Program, not
more than 50 percent of such amounts may be obligated or expended for
the program in fiscal year 2001 until 30 days after the date on which
the Secretary of Defense submits to the Committees on Armed Services of
the Senate and House of Representatives a report on an agreement between
the United States Government and the Government of the Russian
Federation regarding a new option selected for the shut down or
conversion of the reactors of the Russian Federation that produce
weapons grade plutonium, including--
(1) the new date on which such reactors will cease production of
weapons grade plutonium under such agreement by reason of the shut down
or conversion of such reactors; and
(2) any cost-sharing arrangements between the United States
Government and the Government of the Russian Federation in undertaking
activities under such agreement.
SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than March 31, 2001, the Comptroller General shall submit
to Congress a report examining the procedures and mechanisms with
respect to audits by the Department of Defense of the use of funds for
Cooperative Threat Reduction programs. The report shall examine the
following:
(1) Whether the audits being conducted by the Department of Defense
are producing necessary information regarding whether assistance under
such programs, including equipment provided and services furnished, is
being used as intended.
(2) Whether the audit procedures of the Department of Defense are
adequate, including whether random samplings are used.
TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED
STATES FROM ELECTROMAGNETIC PULSE (EMP) ATTACK
Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Reports.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.
SEC. 1401. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attack'' (hereinafter in this title referred to as
the ``Commission'').
(b) Composition.--The Commission shall be composed of nine members.
Seven of the members shall be appointed by the Secretary of Defense and
two of the members shall be appointed by the Director of the Federal
Emergency Management Agency. In selecting individuals for appointment to
the Commission, the Secretary of Defense shall consult with the chairmen
and ranking minority members of the Committees on Armed Services of the
Senate and House of Representatives.
(c) Qualifications.--Members of the Commission shall be appointed
from among private United States citizens with knowledge and expertise
in the scientific, technical, and military aspects of electromagnetic
pulse (hereinafter in this title referred to as ``EMP'') effects
resulting from the detonation of a nuclear weapon or weapons at high
altitude, sometimes referred to as high-altitude electromagnetic pulse
effects (HEMP).
(d) Chairman of Commission.--The Secretary of Defense shall designate
one of the members of the Commission to serve as chairman of the
Commission.
(e) Period of Appointment; Vacancies.--Members shall be appointed for
the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(f) Security Clearances.--All members of the Commission shall hold
appropriate security clearances.
(g) Initial Organization Requirements.--All appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act. The Commission shall convene its first meeting
not later than 60 days after the date as of which all members of the
Commission have been appointed.
SEC. 1402. DUTIES OF COMMISSION.
(a) Review of EMP Threat.--The Commission shall assess--
(1) the nature and magnitude of potential high-altitude EMP threats
to the United States from all potentially hostile states or non-state
actors that have or could acquire nuclear weapons and ballistic missiles
enabling them to perform a high-altitude EMP attack against the United
States within the next 15 years;
(2) the vulnerability of United States military and especially
civilian systems to an EMP attack, giving special attention to
vulnerability of the civilian infrastructure as a matter of emergency
preparedness;
(3) the capability of the United States to repair and recover from
damage inflicted on United States military and civilian systems by an
EMP attack; and
(4) the feasibility and cost of hardening select military and
civilian systems against EMP attack.
(b) Recommendation.--The Commission shall recommend any steps it
believes should be taken by the United States to better protect its
military and civilian systems from EMP attack.
(c) Cooperation From Government Officials.--In carrying out its
duties, the Commission should receive the full and timely cooperation of
the Secretary of Defense, the Director of the Federal Emergency
Management Agency, and any other United States Government official
serving in the Department of Defense or Armed Forces in providing the
Commission with analyses, briefings, and other information necessary for
the fulfillment of its responsibilities.
SEC. 1403. REPORTS.
(a) Commission Report.--The Commission shall, not later than one year
after the date of its first meeting, submit to Congress, the Secretary
of Defense, and the Director of the Federal Emergency Management Agency
a report on the Commission's findings and conclusions.
(b) Secretary of Defense Report.--Not later than one year after the
date of the Commission's report under subsection (a), the Secretary of
Defense shall submit to Congress a report--
(1) commenting on the Commission's findings and conclusions;
(2) describing political-military scenarios that could possibly lead
to an EMP attack against the United States;
(3) evaluating the relative likelihood of an EMP attack against the
United States compared to other threats involving nuclear weapons; and
(4) explaining what actions, if any, the Secretary intends to take
to implement the recommendations of the Commission and the Secretary's
reasons for doing so.
SEC. 1404. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this title, hold hearings, take testimony, receive
evidence, and administer oaths to the extent that the Commission or any
panel or member considers advisable.
(b) Information.--The Commission may secure directly from the
Department of Defense, the Central Intelligence Agency, and any other
Federal department or agency information that the Commission considers
necessary to enable the Commission to carry out its responsibilities
under this title.
SEC. 1405. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the Chairman.
(b) Quorum.--(1) Five members of the Commission shall constitute a
quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority of
the members of the Commission.
(c) Commission.--The Commission may establish panels composed of less
than full membership of the Commission for the purpose of carrying out
the Commission's duties. The actions of each such panel shall be subject
to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the findings
and determinations of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any agent or
member of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this title.
SEC. 1406. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard to
the provisions of title 5, United States Code, governing appointments in
the competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties. The appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for the staff
director may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay for other
personnel may not exceed the maximum rate payable for grade GS 15 of the
General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman of
the Commission, the head of any Federal department or agency may detail,
on a nonreimbursable basis, any personnel of that department or agency
to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The chairman
of the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for individuals
which do not exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section 5316 of such
title.
SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the United
States mails and obtain printing and binding services in the same manner
and under the same conditions as other departments and agencies of the
Federal Government.
(b) Miscellaneous Administrative and Support Services.--The Secretary
of Defense shall furnish the Commission, on a reimbursable basis, any
administrative and support services requested by the Commission.
SEC. 1408. FUNDING.
Funds for activities of the Commission shall be provided from amounts
appropriated for the Department of Defense for operation and maintenance
for Defense-wide activities for fiscal year 2001. Upon receipt of a
written certification from the Chairman of the Commission specifying the
funds required for the activities of the Commission, the Secretary of
Defense shall promptly disburse to the Commission, from such amounts,
the funds required by the Commission as stated in such certification.
SEC. 1409. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the
submission of its report under section 1403(a).
TITLE XV--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
Sec. 1501. Assistance for economic growth on Vieques.
Sec. 1502. Conveyance of Naval Ammunition Support Detachment,
Vieques Island.
Sec. 1503. Determination regarding continuation of Navy training.
Sec. 1504. Actions if training is approved.
Sec. 1505. Requirements if training is not approved or mandate for
referendum is vitiated.
Sec. 1506. Certain properties exempt from conveyance or transfer.
Sec. 1507. Moratorium on improvements at Fort Buchanan.
Sec. 1508. Transfer and management of Conservation Zones.
SEC. 1501. ASSISTANCE FOR ECONOMIC GROWTH ON VIEQUES.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Defense for fiscal year 2000,
$40,000,000 to be used to provide economic assistance for the people and
communities of the island of Vieques, Puerto Rico, in accordance with
the terms and conditions of the Vieques supplemental appropriation.
(b) Transfer Authority.--The Secretary of Defense may transfer
amounts of authorizations made available to the Department of Defense in
subsection (a) to any agency or office of the United States Government
in order to implement the projects for which the Vieques supplemental
appropriation is made available. The transfer authority under this
section is in addition to any transfer authority provided in Public Law
106 65 or any other Act.
(c) Notice to Congress.-- The advance notice required by the Vieques
supplemental appropriation of each proposed transfer shall also be
submitted to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
(d) Definition.--In this section, the term ``Vieques supplemental
appropriation'' means the paragraph under the heading `` Operation and
Maintenance, Defense-Wide'' in chapter 1 of title I of the Emergency
Supplemental Act, 2000 (division B of Public Law 106 246; 114 Stat.
525).
SEC. 1502. CONVEYANCE OF NAVAL AMMUNITION SUPPORT DETACHMENT,
VIEQUES ISLAND.
(a) Conveyance Required.--
(1) Property to be conveyed.--The Secretary of the Navy shall
convey, without consideration, to the Municipality of Vieques, Puerto
Rico, all right, title, and interest of the United States in and to the
land constituting the Naval Ammunition Support Detachment located on the
western end of the island of Vieques, Puerto Rico, except for--
(A) the property that is exempt from conveyance under section 1506;
(B) the property that is required to be transferred to the Secretary
of the Interior under section 1508(a); and
(C) any property that is conveyed pursuant to section 1508(b).
(2) Time for conveyance.--The Secretary of the Navy shall complete
the conveyance required by paragraph (1) not later than May 1, 2001.
(b) Description of Property.--The Secretary of the Navy, in
consultation with the Secretary of the Interior on issues relating to
natural resource protection under section 1508, shall determine the
exact acreage and legal description of the property required to be
conveyed pursuant to subsection (a), including the legal description of
any easements, rights of way, and other interests that are retained
pursuant to section 1506.
(c) Environmental Restoration.--
(1) Objective of conveyance.--An important objective of the
conveyance required by this section is to promote timely redevelopment
of the conveyed property in a manner that enhances employment
opportunities and economic redevelopment, consistent with all applicable
environmental requirements and in full consultation with the Governor of
Puerto Rico, for the benefit of the residents of the island of Vieques.
(2) Conveyance despite response need.--If the Secretary of the Navy,
by May 1, 2001, is unable to provide the covenant required by
subparagraph (A)(ii)(I) of section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)) with respect to the property to be conveyed, the
Secretary shall still complete the conveyance by that date, as required
by subsection (a)(2). The Secretary shall remain responsible for
completing all response actions required under such Act. Upon completion
of such response actions, the Secretary shall execute and deliver to the
transferee the warranty referred to in subparagraph (C)(iii) of such
section. The completion of the response actions shall not be delayed on
account of the conveyance.
(3) Continued navy responsibility.--Consistent with existing Navy
and legal requirements, the Secretary of the Navy shall remain
responsible for the environmental condition of the property, and neither
the Commonwealth of Puerto Rico nor the Municipality of Vieques shall be
responsible for such condition existing at the time of the conveyance.
(4) Savings clause.--All response actions with respect to the
property to be conveyed shall take place in compliance with current law.
(d) Control of Conveyed Property.--The government of the Municipality
of Vieques, acting through the elected officials of that government,
shall have the power to administer, manage, and control the property
conveyed under subsection (a) in any manner determined by the government
of the Municipality of Vieques as being most advantageous to the
majority of the residents of the island of Vieques (consistent with the
laws of the United States).
(e) Indemnification.--
(1) Entities and persons covered; extent.--(A) Except as provided in
subparagraph (C), and subject to paragraph (2), the Secretary of Defense
shall hold harmless, defend, and indemnify in full the persons and
entities described in subparagraph (B) from and against any suit, claim,
demand or action, liability, judgment, cost or other fee arising out of
any claim for personal injury or property damage (including death,
illness, or loss of or damage to property or economic loss) that results
from, or is in any manner predicated upon, the release or threatened
release (after the conveyance is made under subsection (a)) of any
hazardous substance or pollutant or contaminant as a result of
Department of Defense activities at those parts of the Naval Ammunition
Support Detachment conveyed pursuant to subsection (a).
(B) The persons and entities described in this paragraph are the
following:
(i) The Commonwealth of Puerto Rico (including any officer, agent,
or employee of the Commonwealth of Puerto Rico).
(ii) The Municipality of Vieques, Puerto Rico, and any other
political subdivision of the Commonwealth of Puerto Rico that acquires
such ownership or control (including any officer, agent, or employee of
that Municipality or other political subdivision).
(iii) Any other person or entity that acquires such ownership or
control.
(iv) Any successor, assignee, transferee, lender, or lessee of a
person or entity described in clauses (i) through (iii).
(C) To the extent the persons and entities described in subparagraph
(B) contributed to any such release or threatened release, subparagraph
(A) shall not apply.
(2) Conditions on indemnification.--No indemnification may be
afforded under this subsection unless the person or entity making a
claim for indemnification--
(A) notifies the Secretary of Defense in writing within two years
after such claim accrues or begins action within six months after the
date of mailing, by certified or registered mail, of notice of final
denial of the claim by the Secretary of Defense;
(B) furnishes to the Secretary of Defense copies of pertinent papers
the entity receives;
(C) furnishes evidence of proof of any claim, loss, or damage
covered by this subsection; and
(D) provides, upon request by the Secretary of Defense, access to
the records and personnel of the entity for purposes of defending or
settling the claim or action.
(3) Responsibilities of secretary of defense.--(A) In any case in
which the Secretary of Defense determines that the Department of Defense
may be required to make indemnification payments to a person under this
subsection for any suit, claim, demand or action, liability, judgment,
cost or other fee arising out of any claim for personal injury or
property damage referred to in paragraph (1)(A), the Secretary may
settle or defend, on behalf of that person, the claim for personal
injury or property damage.
(B) In any case described in subparagraph (A), if the person to whom
the Department of Defense may be required to make indemnification
payments does not allow the Secretary of Defense to settle or defend the
claim, the person may not be afforded indemnification with respect to
that claim under this subsection.
(4) Accrual of action.--For purposes of paragraph (2)(A), the date
on which a claim accrues is the date on which the plaintiff knew (or
reasonably should have known) that the personal injury or property
damage referred to in paragraph (1) was caused or contributed to by the
release or threatened release of a hazardous substance or pollutant or
contaminant as a result of Department of Defense activities at any part
of the Naval Ammunition Support Detachment conveyed pursuant to
subsection (a).
(5) Relationship to other laws.--Nothing in this subsection shall be
construed as affecting or modifying in any way subsection 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).
(6) Definitions.--In this subsection, the terms ``hazardous
substance'', ``release'', and ``pollutant or contaminant'' have the
meanings given such terms under paragraphs (9), (14), (22), and (33) of
section 101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
SEC. 1503. DETERMINATION REGARDING CONTINUATION OF NAVY TRAINING.
(a) Referendum.--
(1) Requirement.--Except as provided in paragraph (2), the President
shall provide for a referendum to be conducted on the island of Vieques,
Puerto Rico, to determine by a majority of the votes cast in the
referendum by the Vieques electorate whether the people of Vieques
approve or disapprove of the continuation of the conduct of live-fire
training, and any other types of training, by the Armed Forces at the
Navy's training sites on the island under the conditions described in
subsection (d).
(2) Exception.--If the Chief of Naval Operations and the Commandant
of the Marine Corps jointly submit to the congressional defense
committees, after the date of the enactment of this Act and before the
date set forth in subsection (c), their certification that the Vieques
Naval Training Range is no longer needed for training by the Navy and
the Marine Corps, then the requirement for a referendum under paragraph
(1) shall cease to be effective on the date on which the certification
is submitted.
(b) Prohibition of Other Propositions.--In the referendum under this
section, no proposition or option may be presented as an alternative to
the propositions of approval and of disapproval of the continuation of
the conduct of training as described in subsection (a)(1).
(c) Time for Referendum.--The referendum required under this section
shall be held on May 1, 2001, or within 270 days before such date or 270
days after such date. The Secretary of the Navy shall publicize the date
set for the referendum 90 days before that date.
(d) Required Training Conditions.--For the purposes of the referendum
under this section, the conditions for the continuation of the conduct
of training are those that are proposed by the Secretary of the Navy and
publicized on the island of Vieques in connection with, and for a
reasonable period in advance of, the referendum. The conditions shall
include the following:
(1) Live-fire training.--A condition that the training may include
live-fire training.
(2) Maximum annual days of use.--A condition that the training may
be conducted on not more than 90 days each year.
(e) Proclamation of Outcome.--Promptly after the referendum is
completed under this section, the President shall determine, and issue a
proclamation declaring, the outcome of the referendum. The President's
determination shall be final, and the outcome of the referendum (as so
determined) shall be binding.
(f) Vieques Electorate Defined.--
(1) Registered voters.--In this section, the term ``Vieques
electorate'', with respect to a referendum under this section, means the
residents of the island of Vieques, Puerto Rico, who, on both dates
specified in paragraph (2), are registered to vote in a general election
held for casting ballots for the election of the Resident Commissioner
of the Commonwealth of Puerto Rico.
(2) Registration dates.--The dates referred to in paragraph (1) are
as follows:
(A) November 7, 2000.
(B) The date that is 180 days before the date of the referendum
under this section.
SEC. 1504. ACTIONS IF TRAINING IS APPROVED.
(a) Condition for Effectiveness.--This section shall take effect on
the date on which the President issues a proclamation under subsection
(e) of section 1503 declaring that the
continuation of the conduct of training (including live-fire
training) by the Armed Forces at the Navy's training sites on the island
of Vieques, Puerto Rico, under the conditions described in subsection
(d) of such section, has been approved in the referendum conducted under
such section.
(b) Authorization of Appropriations for Additional Economic
Assistance.--There is authorized to be appropriated to the President
$50,000,000 to provide economic assistance for the people and
communities of the island of Vieques. This authorization of
appropriations is in addition to the amount authorized to be
appropriated to provide economic assistance under section 1501.
(c) Training Range To Remain Open.--The Vieques Naval Training Range
shall remain available for the use of the Armed Forces, including for
live-fire training.
SEC. 1505. REQUIREMENTS IF TRAINING IS NOT APPROVED OR MANDATE
FOR REFERENDUM IS VITIATED.
(a) Conditions for Effectiveness.--This section shall take effect on
the date on which either of the following occurs:
(1) The President issues a proclamation under subsection (e) of
section 1503 declaring that the continuation of the conduct of training
(including live-fire training) by the Armed Forces at the Navy's
training sites on the island of Vieques, Puerto Rico, under the
conditions described in subsection (d) of such section, has not been
approved in the referendum conducted under such section.
(2) The requirement for a referendum under section 1503 ceases to be
effective pursuant to subsection (a)(2) of such section.
(b) Actions Required of Secretary of Defense.--
(1) Termination of operation.--Not later than May 1, 2003, the
Secretary of Defense shall--
(A) terminate all Navy and Marine Corps training operations on the
island of Vieques; and
(B) terminate all Navy and Marine Corps operations at Naval Station
Roosevelt Roads, Puerto Rico, that are related exclusively to the use of
the training range on the island of Vieques by the Navy and the Marine
Corps.
(2) Relocation of units.--The Secretary of Defense may relocate the
units of the Armed Forces (other than those of the reserve components)
and activities of the Department of Defense (including nonappropriated
fund activities) at Fort Buchanan, Puerto Rico, to Naval Station
Roosevelt Roads, Puerto Rico, to ensure maximum utilization of capacity.
(3) Closure of installations and facilities.--The Secretary of
Defense shall close the Department of Defense installations and
facilities on the island of Vieques, other than properties exempt from
conveyance and transfer under section 1506.
(c) Actions Required of Secretary of the Navy.--The Secretary of the
Navy shall transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior--
(1) the Live Impact Area on the island of Vieques;
(2) all Department of Defense real properties on the eastern side of
the island that are identified as conservation zones; and
(3) all other Department of Defense real properties on the eastern
side of the island.
(d) Actions Required of Secretary of the Interior.--
(1) Retention and administration.--The Secretary of the Interior
shall retain, and may not dispose of any of, the properties transferred
under paragraphs (2) and (3) of subsection (c) and shall administer such
properties as wildlife refuges under the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) pending the
enactment of a law that addresses the disposition of such properties.
(2) Responsibility for live impact area.--Upon a termination of Navy
and Marine Corps training operations on the island of Vieques under
subsection (b)(1), the Secretary of the Interior shall assume
responsibility for the administration of the Live Impact Area,
administer that area as a wilderness area under the Wilderness Act (16
U.S.C. 1131 et seq.), and deny public access to the area.
(3) Live impact area defined.--In this section, the term ``Live
Impact Area'' means the parcel of real property, consisting of
approximately 900 acres (more or less), on the island of Vieques that is
designated by the Secretary of the Navy for targeting by live ordnance
in the training of forces of the Navy and Marine Corps.
(e) GAO Review.--
(1) Requirement for review.--The Comptroller General shall review
the requirement for the continued use of Fort Buchanan, Puerto Rico, by
active Army forces and shall submit to the congressional defense
committees a report containing--
(A) the findings resulting from the review; and
(B) recommendations regarding the closure of Fort Buchanan and the
consolidation of units of the Armed Forces to Naval Station Roosevelt
Roads, Puerto Rico.
(2) Time for submittal of report.--The Comptroller General shall
submit the report under paragraph (1) not later than one year after the
date on which the referendum under section 1503 is conducted or one year
after the date on which a certification is submitted to the
congressional defense committees under subsection (a)(2) of such
section, as the case may be.
SEC. 1506. CERTAIN PROPERTIES EXEMPT FROM CONVEYANCE OR TRANSFER.
(a) Exempt Property.--The Department of Defense properties and
property interests described in subsection (b) may not be conveyed or
transferred out of the Department of Defense under this title.
(b) Properties Described.--The exemption under subsection (a) applies
to the following Department of Defense properties and property interests
on the island of Vieques, Puerto Rico:
(1) ROTHR site.--The site for relocatable over-the-horizon radar.
(2) Telecommunications sites.--The Mount Pirata telecommunications
sites.
(3) Associated interests.--Any easements, rights-of-way, and other
interests in property that the Secretary of the Navy determines
necessary for--
(A) ensuring access to the properties referred to in paragraphs (1)
and (2);
(B) providing utilities for such properties;
(C) ensuring the security of such properties; and
(D) ensuring effective maintenance and operations on such properties.
(4) Remediation activities.--Any easements, rights-of-way, and other
interests in property that the Secretary of the Navy determines
necessary for protecting human health and the environment in the
discharge of the Secretary's responsibilities for environmental
remediation under section 1502(c), until such time as these
responsibilities are completed.
SEC. 1507. MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN.
(a) In General.--Except as provided in subsection (b), no
acquisition, construction, conversion, rehabilitation, extension, or
improvement of any facility at Fort Buchanan, Puerto Rico, may be
initiated or continued on or after the date of the enactment of this
Act.
(b) Exceptions.--The prohibition in subsection (a) does not apply to
the following:
(1) Actions necessary to maintain the existing facilities (including
utilities) at Fort Buchanan.
(2) The construction of reserve component and nonappropriated fund
facilities authorized before the date of the enactment of this Act.
(c) Termination.--This section shall cease to be effective upon the
issuance of a proclamation described in section 1504(a) or the enactment
of a law, after the date of the enactment of this Act, that authorizes
any acquisition, construction, conversion, rehabilitation, extension, or
improvement of any facility at Fort Buchanan, Puerto Rico.
SEC. 1508. TRANSFER AND MANAGEMENT OF CONSERVATION ZONES.
(a) Transfer to Secretary of the Interior.--
(1) Transfer required.--Except as provided in section 1506, the
Secretary of the Navy shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Interior all
Department of Defense real properties on the western end of the Vieques
Island, consisting of a total of approximately 3,100 acres, that are
designated as Conservation Zones in section IV of the 1983 Memorandum of
Understanding between the Commonwealth of Puerto Rico and the Secretary
of the Navy.
(2) Time for transfer.--The Secretary of the Navy shall complete the
transfer required by paragraph (1) not later than May 1, 2001.
(b) Conveyance to Conservation Trust.--
(1) Conveyance required.--Except as provided in section 1506 and
subject to paragraph (2), the Secretary of the Navy shall convey,
without consideration, to the Puerto Rico Conservation Trust the
additional Conservation Zones, consisting of a total of approximately
800 acres, identified in Alternative 1 in the Draft Environmental
Assessment for the proposed transfer of Naval Ammunition Support
Detachment property, Vieques, Puerto Rico, prepared by the Department of
the Navy, as described in the Federal Register of August 28, 2000 (65
Fed. Reg. 52100).
(2) Time for conveyance.--The Secretary of the Navy shall complete
the conveyance required by paragraph (1) not later than May 1, 2001,
except that paragraph (1) shall apply only to those portions of the
lands described in such paragraph that the Commonwealth of Puerto Rico,
the Secretary of the Interior, and the Puerto Rico Conservation Trust
mutually agree, before that date, to--
(A) include in the cooperative agreement under subsection (d)(2); and
(B) manage under standards consistent with the standards in
subsection (c) applicable to the lands transferred under subsection (a).
(c) Administration of Properties as Wildlife Refuges.--The Secretary
of the Interior shall administer as wildlife refuges under the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.) the Conservation Zones transferred to the Secretary under
subsection (a).
(d) Cooperative Agreement.--
(1) Required; parties.--The Secretary of the Interior shall manage
the Conservation Zones transferred under subsection (a) pursuant to a
cooperative agreement among the Commonwealth of Puerto Rico, the Puerto
Rico Conservation Trust, and the Secretary of the Interior.
(2) Inclusion of adjacent areas.--Areas adjacent to the Conservation
Zones transferred under subsection (a) shall be considered for inclusion
under the cooperative agreement. Subject to the mutual agreement of the
Commonwealth of Puerto Rico, the Secretary of the Interior, and the
Puerto Rico Conservation Trust, such adjacent areas may be included
under the cooperative agreement, except that the total acreage so
included under this paragraph may not exceed 800 acres. This
determination of inclusion of lands shall be incorporated into the
cooperative agreement process as set forth in paragraph (4).
(3) Sea grass area.--The Sea Grass Area west of Mosquito Pier, as
identified in the 1983 Memorandum of Understanding between the
Commonwealth of Puerto Rico and the Secretary of the Navy, shall be
included in the cooperative agreement to be protected under the laws of
the United States and the laws of the Commonwealth of Puerto Rico.
(4) Management purposes.--All lands covered by the cooperative
agreement shall be managed to protect and preserve the natural resources
of the lands in perpetuity. The Commonwealth of Puerto Rico, the Puerto
Rico Conservation Trust, and the Secretary of the Interior shall follow
all applicable Federal environmental laws during the creation and any
subsequent amendment of the cooperative agreement, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the
National Historic Preservation Act (16 U.S.C. 470 et seq.).
(5) Completion and implementation.--The cooperative agreement shall
be completed not later than May 1, 2001. The Secretary of the Interior
shall implement the terms and conditions of the cooperative agreement,
which can only be amended by agreement of the Commonwealth of Puerto
Rico, the Puerto Rico Conservation Trust, and the Secretary of the
Interior.
TITLE XVI--GI BILL EDUCATIONAL ASSISTANCE AND VETERANS CLAIMS ASSISTANCE
SUBTITLE A--VETERANS EDUCATION BENEFITS
Sec. 1601. Additional opportunity for certain VEAP participants to
enroll in basic educational assistance under Montgomery GI Bill.
Sec. 1602. Modification of authority to pay tuition for off-duty
training and education.
SUBTITLE B--VETERANS CLAIMS ASSISTANCE
Sec. 1611. Clarification of Department of Veterans Affairs duty to
assist.
Subtitle A--Veterans Education Benefits
SEC. 1601. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP
PARTICIPANTS TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY
GI BILL.
(a) Special Enrollment Period.--Section 3018C of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(e)(1) A qualified individual (described in paragraph (2)) may make
an irrevocable election under this subsection, during the one-year
period beginning on the date of the enactment of this subsection, to
become entitled to basic educational assistance under this chapter. Such
an election shall be made in the same manner as elections made under
subsection (a)(5).
``(2) A qualified individual referred to in paragraph (1) is an
individual who meets each of the following requirements:
``(A) The individual was a participant in the educational benefits
program under chapter 32 of this title on or before October 9, 1996.
``(B) The individual has continuously served on active duty since
October 9, 1996 (excluding the periods referred to in section 3202(1)(C)
of this title), through at least April, 1, 2000.
``(C) The individual meets the requirements of subsection (a)(3).
``(D) The individual, when discharged or released from active duty,
is discharged or released therefrom with an honorable discharge.
``(3)(A) Subject to the succeeding provisions of this paragraph, with
respect to a qualified individual who makes an election under paragraph
(1) to become entitled to basic education assistance under this
chapter--
``(i) the basic pay of the qualified individual shall be reduced (in
a manner determined by the Secretary concerned) until the total amount
by which such basic pay is reduced is $2,700; and
``(ii) to the extent that basic pay is not so reduced before the
qualified individual's discharge or release from active duty as
specified in subsection (a)(4), at the election of the qualified
individual--
``(I) the Secretary concerned shall collect from the qualified
individual, or
``(II) the Secretary concerned shall reduce the retired or retainer
pay of the qualified individual by,
an amount equal to the difference between $2,700 and the total amount
of reductions under clause (i), which shall be paid into the Treasury of
the United States as miscellaneous receipts.
``(B)(i) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an election
under paragraph (1), for the qualified individual to pay that Secretary
the amount due under subparagraph (A).
``(ii) Nothing in clause (i) shall be construed as modifying the
period of eligibility for and entitlement to basic education assistance
under this chapter applicable under section 3031 of this title.
``(C) The provisions of subsection (c) shall apply to individuals
making elections under this subsection in the same manner as they
applied to individuals making elections under subsection (a)(5).
``(4) With respect to qualified individuals referred to in paragraph
(3)(A)(ii), no amount of educational assistance allowance under this
chapter shall be paid to the qualified individual until the earlier of
the date on which--
``(A) the Secretary concerned collects the applicable amount under
subparagraph (I) of such paragraph, or
``(B) the retired or retainer pay of the qualified individual is
first reduced under subparagraph (II) of such paragraph.
``(5) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice to participants in the educational benefits
program under chapter 32 of this title of the opportunity under this
section to elect to become entitled to basic educational assistance
under this chapter.''.
(b) Conforming Amendment.--Section 3018C(b) of such title is amended
by striking ``subsection (a)'' and inserting ``subsection (a) or (e)''.
SEC. 1602. MODIFICATION OF AUTHORITY TO PAY TUITION FOR
OFF-DUTY TRAINING AND EDUCATION.
(a) Authority To Pay All Charges.--Section 2007 of title 10, United
States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the following
new subsections:
``(a) Subject to subsection (b), the Secretary of a military
department may pay all or a portion of the charges of an educational
institution for the tuition or expenses of a member of the armed forces
enrolled in such educational institution for education or training
during the member's off-duty periods.
``(b) In the case of a commissioned officer on active duty, the
Secretary of the military department concerned may not pay charges under
subsection (a) unless the officer agrees to remain on active duty for a
period of at least two years after the completion of the training or
education for which the charges are paid.''; and
(2) in subsection (d)--
(A) by striking ``(within the limits set forth in subsection (a))''
in the matter preceding paragraph (1); and
(B) in paragraph (3), by striking ``subsection (a)(3)'' and
inserting ``subsection (b)''.
(b) Use of Entitlement to Assistance Under Montgomery GI Bill for
Payment of Charges.--(1) That section is further amended by adding at
the end the following new subsection:
``(e)(1) A member of the armed forces who is entitled to basic
educational assistance under chapter 30 of title 38 may use such
entitlement for purposes of paying any portion of the charges described
in subsection (a) or (c) that are not paid for by the Secretary of the
military department concerned under such subsection.
``(2) The use of entitlement under paragraph (1) shall be governed by
the provisions of section 3014(b) of title 38.''.
(2) Section 3014 of title 38, United States Code, is amended--
(A) by inserting ``(a)'' before ``The Secretary''; and
(B) by adding at the end the following new subsection:
``(b)(1) In the case of an individual entitled to basic educational
assistance who is pursuing education or training described in subsection
(a) or (c) of section 2007 of title 10, the Secretary shall, at the
election of the individual, pay the individual a basic educational
assistance allowance to meet all or a portion of the charges of the
educational institution for the education or training that are not paid
by the Secretary of the military department concerned under such
subsection.
``(2)(A) The amount of the basic educational assistance allowance
payable to an individual under this subsection for a month shall be the
amount of the basic educational assistance allowance to which the
individual would be entitled for the month under section 3015 of this
title (without regard to subsection (g) of that section) were payment
made under that section instead of under this subsection.
``(B) The maximum number of months for which an individual may be
paid a basic educational assistance allowance under paragraph (1) is
36.''.
(3) Section 3015 of title 38, United States Code, is amended--
(A) by striking ``subsection (g)'' each place it appears in
subsections (a) and (b);
(B) by redesignating subsection (g) as subsection (h); and
(C) by inserting after subsection (f) the following new subsection
(g):
``(g) In the case of an individual who has been paid a basic
educational assistance allowance under section 3014(b) of this title,
the rate of the basic educational assistance allowance applicable to the
individual under this section shall be the rate otherwise applicable to
the individual under this section reduced by an amount equal to--
``(1) the aggregate amount of such allowances paid the individual
under such section 3014(b); divided by
``(2) 36.''.
Subtitle B--Veterans Claims Assistance
SEC. 1611. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS
DUTY TO ASSIST.
(a) In General.--Section 5107 of title 38, United States Code, is
amended to read as follows:
``5107 Assistance to claimants; benefit of the doubt; burden of proof
``(a) The Secretary shall assist a claimant in developing all facts
pertinent to a claim for benefits under this title. Such assistance
shall include requesting information as described in section 5106 of
this title. The Secretary shall provide a medical examination when such
examination may substantiate entitlement to the benefits sought. The
Secretary may decide a claim without providing assistance under this
subsection when no reasonable possibility exists that such assistance
will aid in the establishment of entitlement.
``(b) The Secretary shall consider all evidence and material of
record in a case before the Department with respect to benefits under
laws administered by the Secretary and shall give the claimant the
benefit of the doubt when there is an approximate balance of positive
and negative evidence regarding any issue material to the determination
of the matter.
``(c) Except when otherwise provided by this title or by the
Secretary in accordance with the provisions of this title, a person who
submits a claim for benefits under a law administered by the Secretary
shall have the burden of proof.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of that title is amended by striking the item relating to
section 5017 and inserting the following new item:
``5107 Assistance to claimants; benefit of the doubt; burden of
proof.''.
TITLE XVII--ASSISTANCE TO FIREFIGHTERS
Sec. 1701. Firefighter assistance.
Sec. 1702. Volunteer fire assistance program.
Sec. 1703. Burn research.
Sec. 1704. Study and demonstration projects regarding cases of
hepatitis C among certain emergency response employees.
Sec. 1705. Report on progress on spectrum sharing.
Sec. 1706. Sale or donation of excess defense property to assist
firefighting agencies.
Sec. 1707. Identification of defense technologies suitable for
use, or conversion for use, in providing fire and emergency medical
services.
SEC. 1701. FIREFIGHTER ASSISTANCE.
(a) In General.--The Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2201 et seq.) is amended by adding at the end the following
new section:
``SEC. 33. FIREFIGHTER ASSISTANCE.
``(a) Definition of Firefighting Personnel.--In this section, the
term `firefighting personnel' means individuals, including volunteers,
who are firefighters, officers of fire departments, or emergency medical
service personnel of fire departments.
``(b) Assistance Program.--
``(1) Authority.--In accordance with this section, the Director may--
``(A) make grants on a competitive basis directly to fire
departments of a State, in consultation with the chief executive of the
State, for the purpose of protecting the health and safety of the public
and firefighting personnel against fire and fire-related hazards; and
``(B) provide assistance for fire prevention programs in accordance
with paragraph (4).
``(2) Office for administration of assistance.--
``(A) Establishment.--Before providing assistance under paragraph
(1), the Director shall establish an office in the Federal Emergency
Management Agency to administer the assistance under this section.
``(B) Included duties.--The duties of the office shall include the
following:
``(i) Recipient selection criteria.--To establish specific criteria
for the selection of recipients of the assistance under this section.
``(ii) Grant-writing assistance.--To provide grant-writing
assistance to applicants.
``(3) Use of fire department grant funds.--The Director may make a
grant under paragraph (1)(A) only if the applicant for the grant agrees
to use the grant funds--
``(A) to hire additional firefighting personnel;
``(B) to train firefighting personnel in firefighting, emergency
response, arson prevention and detection, or the handling of hazardous
materials, or to train firefighting personnel to provide any of the
training described in this subparagraph;
``(C) to fund the creation of rapid intervention teams to protect
firefighting personnel at the scenes of fires and other emergencies;
``(D) to certify fire inspectors;
``(E) to establish wellness and fitness programs for firefighting
personnel to ensure that the firefighting personnel can carry out their
duties;
``(F) to fund emergency medical services provided by fire departments;
``(G) to acquire additional firefighting vehicles, including fire
trucks;
``(H) to acquire additional firefighting equipment, including
equipment for communications and monitoring;
``(I) to acquire personal protective equipment required for
firefighting personnel by the Occupational Safety and Health
Administration, and other personal protective equipment for firefighting
personnel;
``(J) to modify fire stations, fire training facilities, and other
facilities to protect the health and safety of firefighting personnel;
``(K) to enforce fire codes;
``(L) to fund fire prevention programs;
``(M) to educate the public about arson prevention and detection; or
``(N) to provide incentives for the recruitment and retention of
volunteer firefighting personnel for volunteer firefighting departments
and other firefighting departments that utilize volunteers.
``(4) Fire prevention programs.--
``(A) In general.--For each fiscal year, the Director shall use not
less than 5 percent of the funds made available under subsection (e)--
``(i) to make grants to fire departments for the purpose described
in paragraph (3)(L); and
``(ii) to make grants to, or enter into contracts or cooperative
agreements with, national, State, local, or community organizations that
are recognized for their experience and expertise with respect to fire
prevention or fire safety programs and activities, for the purpose of
carrying out fire prevention programs.
``(B) Priority.--In selecting organizations described in
subparagraph (A)(ii) to receive assistance under this paragraph, the
Director shall give priority to organizations that focus on prevention
of injuries to children from fire.
``(5) Application.--The Director may provide assistance to a fire
department or organization under this subsection only if the fire
department or organization seeking the assistance submits to the
Director an application that meets the following requirements:
``(A) Form.--The application shall be in such form as the Director
may require.
``(B) Information.--The application shall include the following
information:
``(i) Financial need.--Information that demonstrates the financial
need of the applicant for the assistance for which applied.
``(ii) Cost-benefit analysis.--An analysis of the costs and
benefits, with respect to public safety, of the use of the assistance.
``(iii) Reporting systems data.--An agreement to provide information
to the national fire incident reporting system for the period covered by
the assistance.
``(iv) Other information.--Any other information that the Director
may require.
``(6) Matching requirement.--
``(A) In general.--Subject to subparagraph (B), the Director may
provide assistance under this subsection only if the applicant for the
assistance agrees to match with an equal amount of non-Federal funds 30
percent of the assistance received under this subsection for any fiscal
year.
``(B) Requirement for small community organizations.--In the case of
an applicant whose personnel serve jurisdictions of 50,000 or fewer
residents, the percent applied under the matching requirement of
subparagraph (A) shall be 10 percent.
``(7) Maintenance of expenditures--The Director may provide
assistance under this subsection only if the applicant for the
assistance agrees to maintain in the fiscal year for which the
assistance will be received the applicant's aggregate expenditures for
the uses described in paragraph (3) or (4) at or above the average level
of such expenditures in the two fiscal years preceding the fiscal year
for which the assistance will be received.
``(8) Report to the director.--The Director may provide assistance
under this subsection only if the applicant for the assistance agrees to
submit to the Director a report, including a description of how the
assistance was used, with respect to each fiscal year for which the
assistance was received.
``(9) Variety of fire department grant recipients.--The Director
shall ensure that grants under paragraph (1)(A) for a fiscal year are
made to a variety of fire departments, including, to the extent that
there are eligible applicants--
``(A) paid, volunteer, and combination fire departments;
``(B) fire departments located in communities of varying sizes; and
``(C) fire departments located in urban, suburban, and rural
communities.
``(10) Grant Limitations.--
``(A) Recipient limitation.--A grant recipient under this section
may not receive more than $750,000 under this section for any fiscal
year.
``(B) Limitation on expenditures for firefighting vehicles.--Not
more than 25 percent of the funds appropriated to provide grants under
this section for a fiscal year may be used to assist grant recipients to
purchase vehicles, as authorized by paragraph (3)(G).
``(11) Reservation of grant funds for volunteer departments.--In
making grants to firefighting departments, the Director shall ensure
that those firefighting departments that have either all-volunteer
forces of firefighting personnel or combined forces of volunteer and
professional firefighting personnel receive a proportion of the total
grant funding that is not less than the proportion of the United States
population that those firefighting departments protect.
``(c) Audits.--A recipient of a grant under this section shall be
subject to audits to ensure that the grant proceeds are expended for the
intended purposes and that the grant recipient complies with the
requirements of paragraphs (6) and (7) of subsection (b).
``(d) State Defined.--In this section, the term `State' includes the
District of Columbia and the Commonwealth of Puerto Rico.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for the purposes of this section amounts as follows:
``(1) $100,000,000 for fiscal year 2001.
``(2) $300,000,000 for fiscal year 2002.''.
(b) Study on Need for Federal Assistance to State and Local
Communities To Fund Firefighting and Emergency Response Activities.--
(1) Requirement for study.--The Director of the Federal Emergency
Management Agency shall conduct a study in conjunction with the National
Fire Protection Association to--
(A) define the current role and activities associated with the fire
services;
(B) determine the adequacy of current levels of funding; and
(C) provide a needs assessment to identify shortfalls.
(2) Time for completion of study; report.--The Director shall
complete the study under paragraph (1), and submit a report on the
results of the study to Congress, within 18 months after the date of the
enactment of this Act.
(3) Authorization of appropriations.--There are authorized to be
appropriated to the Federal Emergency Management Agency $300,000 for
fiscal year 2001 to carry out the study required by paragraph (1).
SEC. 1702. VOLUNTEER FIRE ASSISTANCE PROGRAM.
(a) In General.--There are authorized to be appropriated to the
Secretary of Agriculture for carrying out paragraphs (1) through (3) of
section 10(b) of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106(b)(1)-(3)) amounts as follows:
(1) $10,000,000 for fiscal year 2001.
(2) $20,000,000 for fiscal year 2002.
(b) Report.--
(1) In general.--The Secretary of Agriculture shall submit a report
to Congress on the results of the assistance provided under the
provisions of law for which funds are authorized for appropriations
under subsection (a).
(2) Content.--The report shall contain the following:
(A) A list of the organizations that received funds authorized for
appropriations under subsection (a) and the purpose for which those
organizations were provided the funds.
(B) Efforts taken to ensure that potential recipients are provided
with information necessary to develop an effective application.
(C) The Secretary's assessment regarding the appropriate level of
funding that should be provided annually through the assistance program.
(D) The Secretary's assessment regarding the appropriate purposes
for such assistance.
(E) Any other information the Secretary determines necessary.
(3) Submission date.--The report shall be submitted not later than
February 1, 2002.
SEC. 1703. BURN RESEARCH.
(a) Office.--The Director of the Federal Emergency Management Agency
shall establish an office in the Agency to establish specific criteria
of grant recipients and to administer grants under this section.
(b) Safety Organization Grants.--The Director may make grants, on a
competitive basis, to safety organizations that have experience in
conducting burn safety programs for the purpose of assisting those
organizations in conducting burn prevention programs or augmenting
existing burn prevention programs.
(c) Hospital Grants.--The Director may make grants, on a competitive
basis, to hospitals that serve as regional burn centers to conduct acute
burn care research.
(d) Other Grants.--The Director may make grants, on a competitive
basis, to governmental and nongovernmental entities to provide
after-burn treatment and counseling to individuals that are burn
victims.
(e) Report.--
(1) In general.--The Director of the Federal Emergency Management
Agency shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the results of the
grants provided under this section.
(2) Content.--The report shall contain the following:
(A) A list of the organizations, hospitals, or other entities to
which the grants were provided and the purpose for which those entities
were provided grants.
(B) Efforts taken to ensure that potential grant applicants are
provided with information necessary to develop an effective application.
(C) The Director's assessment regarding the appropriate level of
funding that should be provided annually through the grant program.
(D) The Director's assessment regarding the appropriate purposes for
such grants.
(E) Any other information the Director determines necessary.
(3) Submission date.--The report shall be submitted not later than
February 1, 2002.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for the purposes of this section amounts as follows:
(1) $10,000,000 for fiscal year 2001.
(2) $20,000,000 for fiscal year 2002.
SEC. 1704. STUDY AND DEMONSTRATION PROJECTS REGARDING CASES OF
HEPATITIS C AMONG CERTAIN EMERGENCY RESPONSE EMPLOYEES.
(a) Study Regarding Prevalence Among Certain Emergency Response
Employees.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in consultation with
the Secretary of Labor, shall conduct a study to determine--
(A) an estimate of the prevalence of hepatitis C among designated
emergency response employees in the United States; and
(B) the likely means through which such employees become infected
with such disease in the course of performing their duties as such
employees.
(2) Designated emergency response employees.--For purposes of this
section, the term ``designated emergency response employees'' means
firefighters, paramedics, and emergency medical technicians who are
employees or volunteers of units of local government.
(3) Date certain for completion; report to congress.--The Secretary
shall commence the study under paragraph (1) not later than 90 days
after the date of the enactment of this Act. Not later that one year
after such date, the Secretary shall complete the study and submit to
the Congress a report describing the findings of the study.
(b) Demonstration Projects Regarding Training and Treatment.--
(1) In general.--The Secretary, in consultation with the Secretary
of Labor, shall make grants to qualifying local governments for the
purpose of carrying out demonstration projects that (directly or through
arrangements with nonprofit private entities) carry out each of the
following activities:
(A) Training designated emergency response employees in minimizing
the risk of infection with hepatitis C in performing their duties as
such employees.
(B) Testing such employees for infection with the disease.
(C) Treating the employees for the disease.
(2) Qualifying local governments.--For purposes of this section, the
term ``qualifying local government'' means a unit of local government
whose population of designated emergency response employees has a
prevalence of hepatitis C that is not less than 200 percent of the
national average for the prevalence of such disease in such populations.
(3) Confidentiality.--A grant may be made under paragraph (1) only
if the qualifying local government involved agrees to ensure that
information regarding the testing or treatment of designated emergency
response employees pursuant to the grant is maintained confidentially in
a manner not inconsistent with applicable law.
(4) Evaluations.--The Secretary shall provide for an evaluation of
each demonstration project under paragraph (1) in order to determine the
extent to which the project has been effective in carry out the
activities described in such paragraph.
(5) Report to congress.--Not later than 180 days after the date on
which all grants under paragraph (1) have been expended, the Secretary
shall submit to Congress a report providing--
(A) a summary of evaluations under paragraph (4); and
(B) the recommendations of the Secretary for administrative or
legislative initiatives regarding the activities described in paragraph
(1).
(c) Authorization of Appropriations.--For the purpose of carrying out
this section, there is authorized to be appropriated to the Department
of Health and Human Services and the Department of Labor $10,000,000 for
fiscal year 2001.
SEC. 1705. REPORT ON PROGRESS ON SPECTRUM SHARING.
(a) Study Required.--The Secretary of Defense, in consultation with
the Attorney General and the Secretary of Commerce, shall provide for
the conduct of an engineering study to identify--
(1) any portion of the 138 144 megahertz band that the Department of
Defense can share in various geographic regions with public safety radio
services;
(2) any measures required to prevent harmful interference between
Department of Defense systems and the public safety systems proposed for
operation on those frequencies; and
(3) a reasonable schedule for implementation of such sharing of
frequencies.
(b) Submission of Interim Report.--Within one year after the date of
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an interim report on the
progress of the study conducted pursuant to subsection (a).
(c) Report.--Not later than January 1, 2002, the Secretary of
Commerce and the Chairman of the Federal Communications Commission shall
jointly submit a report to Congress on alternative frequencies available
for use by public safety systems.
SEC. 1706. SALE OR DONATION OF EXCESS DEFENSE PROPERTY TO
ASSIST FIREFIGHTING AGENCIES.
(a) Transfer Authorized.--Chapter 153 of title 10, United States
Code, is amended by inserting after section 2576a the following new
section:
``2576b. Excess personal property: sale or donation to assist
firefighting agencies
``(a) Transfer Authorized.--Subject to subsection (b), the Secretary
of Defense may transfer to a firefighting agency in a State any personal
property of the Department of Defense that the Secretary determines is--
``(1) excess to the needs of the Department of Defense; and
``(2) suitable for use in providing fire and emergency medical
services, including personal protective equipment and equipment for
communication and monitoring.
``(b) Conditions for Transfer.--The Secretary of Defense may transfer
personal property under this section only if--
``(1) the property is drawn from existing stocks of the Department
of Defense;
``(2) the recipient firefighting agency accepts the property on an
as-is, where-is basis;
``(3) the transfer is made without the expenditure of any funds
available to the Department of Defense for the procurement of defense
equipment; and
``(4) all costs incurred subsequent to the transfer of the property
are borne or reimbursed by the recipient.
``(c) Consideration.--Subject to subsection (b)(4), the Secretary may
transfer personal property under this section without charge to the
recipient firefighting agency.
``(d) Definitions.--In this section:
``(1) State.--The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, and any territory or possession of the United States.
``(2) Firefighting agency.--The term `firefighting agency' means any
volunteer, paid, or combined departments that provide fire and emergency
medical services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2576a the following new item:
``2576b. Excess personal property: sale or donation to assist
firefighting agencies.''.
SEC. 1707. IDENTIFICATION OF DEFENSE TECHNOLOGIES SUITABLE FOR
USE, OR CONVERSION FOR USE, IN PROVIDING FIRE AND EMERGENCY MEDICAL
SERVICES.
(a) Appointment of Task Force; Purpose.--The Secretary of Defense
shall appoint a task force consisting of representatives from the
Department of Defense and each of the seven major fire organizations
identified in subsection (b) to identify defense technologies and
equipment that--
(1) can be readily put to civilian use by fire service and the
emergency response agencies; and
(2) can be transferred to these agencies using the authority
provided by section 2576b of title 10, United States Code, as added by
section 1706 of this Act.
(b) Participating Major Fire Organizations.--Members of the task
force shall be appointed from each of the following:
(1) The International Association of Fire Chiefs.
(2) The International Association of Fire Fighters.
(3) The National Volunteer Fire Council.
(4) The International Association of Arson Investigators.
(5) The International Society of Fire Service Instructors.
(6) The National Association of State Fire Marshals.
(7) The National Fire Protection Association.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Defense for activities of the task
force $1,000,000 for fiscal year 2001.
TITLE XVIII--IMPACT AID
Sec. 1801. Short title.
Sec. 1802. Purpose.
Sec. 1803. Payments relating to Federal acquisition of real property.
Sec. 1804. Payments for eligible federally connected children.
Sec. 1805. Maximum amount of basic support payments.
Sec. 1806. Basic support payments for heavily impacted local
educational agencies.
Sec. 1807. Basic support payments for local educational agencies
affected by removal of Federal property.
Sec. 1808. Additional payments for local educational agencies with
high concentrations of children with severe disabilities.
Sec. 1809. Application for payments under sections 8002 and 8003.
Sec. 1810. Payments for sudden and substantial increases in
attendance of military dependents.
Sec. 1811. Construction.
Sec. 1812. State consideration of payments in providing State aid.
Sec. 1813. Federal administration.
Sec. 1814. Administrative hearings and judicial review.
Sec. 1815. Forgiveness of overpayments.
Sec. 1816. Definitions.
Sec. 1817. Authorization of appropriations.
Sec. 1818. Effective date.
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Impact Aid Reauthorization Act of
2000''.
SEC. 1802. PURPOSE.
Section 8001 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7701) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting after ``educational services to federally connected
children'' the following: ``in a manner that promotes control by local
educational agencies with little or no Federal or State involvement'';
and
(B) by inserting after ``certain activities of the Federal
Government'' the following: ``, such as activities to fulfill the
responsibilities of the Federal Government with respect to Indian tribes
and activities under section 514 of the Soldiers' and Sailors' Civil
Relief Act of 1940 (50 U.S.C. App. 574),'';
(2) in paragraph (4), by adding ``or'' at the end;
(3) by striking paragraph (5);
(4) by redesignating paragraph (6) as paragraph (5); and
(5) in paragraph (5) (as redesignated), by inserting before the
period at the end the following: ``and because of the difficulty of
raising local revenue through bond referendums for capital projects due
to the inability to tax Federal property''.
SEC. 1803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
(a) Fiscal Year Requirement.--Section 8002(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(a)) is amended in the
matter preceding paragraph (1) by striking ``1999'' and inserting
``2003''.
(b) Amount.--
(1) Prohibition on reduction in amount of payment.--Section
8002(b)(1)(A)(i) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702(b)(1)(A)(i)) is amended--
(A) by striking ``(i) The amount'' and inserting ``(i)(I) Subject to
subclauses (II) and (III), the amount'';
(B) by striking ``, except that'' and all that follows through
``Federal property''; and
(C) by adding at the end the following:
``(II) Except as provided in subclause (III), the Secretary may not
reduce the amount of a payment under this section to a local educational
agency for a fiscal year by (aa) the amount equal to the amount of
revenue, if any, the agency received during the previous fiscal year
from activities conducted on Federal property eligible under this
section and located in a school district served by the agency, including
amounts received from any Federal department or agency (other than the
Department of Education) from such activities, by reason of receipt of
such revenue, or (bb) any other amount by reason of receipt of such
revenue.
``(III) If the amount equal to the sum of (aa) the proposed payment
under this section to a local educational agency for a fiscal year and
(bb) the amount of revenue described in subclause (II)(aa) received by
the agency during the previous fiscal year, exceeds the maximum amount
the agency is eligible to receive under this section for the fiscal year
involved, then the Secretary shall reduce the amount of the proposed
payment under this section by an amount equal to such excess amount.''.
(2) Insufficient funds.--Section 8002(b)(1)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(B)) is amended by
striking ``shall ratably reduce the payment to each eligible local
educational agency'' and inserting ``shall calculate the payment for
each eligible local educational agency in accordance with subsection
(h)''.
(3) Maximum amount.--Section 8002(b)(1)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(C)) is amended by
adding at the end before the period the following: ``, or the maximum
amount that such agency is eligible to receive for such fiscal year
under this section, whichever is greater''.
(c) Payments With Respect to Fiscal Years in Which Insufficient Funds
Are Appropriated.--Section 8002(h) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(h)) is amended to read as follows:
``(h) Payments With Respect to Fiscal Years in Which Insufficient
Funds Are Appropriated.--For any fiscal year for which the amount
appropriated under section 8014(a) is insufficient to pay to each
eligible local educational agency the full amount determined under
subsection (b), the Secretary shall make payments to each local
educational agency under this section as follows:
``(1) Foundation payments for pre-1995 recipients.--
``(A) In general.--The Secretary shall first make a foundation
payment to each local educational agency that is eligible to receive a
payment under this section for the fiscal year involved and was eligible
to receive a payment under section 2 of the Act of September 30, 1950
(Public Law 874, 81st Congress) (as such section was in effect on the
day preceding the date of the enactment of the Improving America's
Schools Act of 1994) for any of the fiscal years 1989 through 1994.
``(B) Amount.--The amount of a payment under subparagraph (A) for a
local educational agency shall be equal to 38 percent of the local
educational agency's maximum entitlement amount under section 2 of the
Act of September 30, 1950, for fiscal year 1994 (or if the local
educational agency was not eligible to receive a payment under such
section 2 for fiscal year 1994, the local educational agency's maximum
entitlement amount under such section 2 for the most recent fiscal year
preceding 1994).
``(C) Insufficient appropriations.--If the amount appropriated under
section 8014(a) is insufficient to pay the full amount determined under
this paragraph for all eligible local educational agencies for the
fiscal year, then the Secretary shall ratably reduce the payment to each
local educational agency under this paragraph.
``(2) Payments for 1995 recipients.--
``(A) In general.--From any amounts remaining after making payments
under paragraph (1) for the fiscal year involved, the Secretary shall
make a payment to each eligible local educational agency that received a
payment under this section for fiscal year 1995.
``(B) Amount.--The amount of a payment under subparagraph (A) for a
local educational agency shall be determined as follows:
``(i) Calculate the difference between the amount appropriated to
carry out this section for fiscal year 1995 and the total amount of
foundation payments made under paragraph (1) for the fiscal year.
``(ii) Determine the percentage share for each local educational
agency that received a payment under this section for fiscal year 1995
by dividing the assessed value of the Federal property of the local
educational agency for fiscal year 1995 determined in accordance with
subsection (b)(3), by the total eligible national assessed value of the
eligible Federal property of all such local educational agencies for
fiscal year 1995, as so determined.
``(iii) Multiply the percentage share described in clause (ii) for
the local educational agency by the amount determined under clause (i).
``(3) Subsection (i) recipients.--From any funds remaining after
making payments under paragraphs (1) and (2) for the fiscal year
involved, the Secretary shall make payments in accordance with
subsection (i).
``(4) Remaining funds.--From any funds remaining after making
payments under paragraphs (1), (2), and (3) for the fiscal year
involved--
``(A) the Secretary shall make a payment to each local educational
agency that received a foundation payment under paragraph (1) for the
fiscal year involved in an amount that bears the same relation to 25
percent of the remainder as the amount the local educational agency
received under paragraph (1) for the fiscal year involved bears to the
amount all local educational agencies received under paragraph (1) for
the fiscal year involved; and
``(B) the Secretary shall make a payment to each local educational
agency that is eligible to receive a payment under this section for the
fiscal year involved in an amount that bears the same relation to 75
percent of the remainder as a percentage share determined for the local
educational agency (in the same manner as percentage shares are
determined for local educational agencies under paragraph (2)(B)(ii))
bears to the percentage share determined (in the same manner) for all
local educational agencies eligible to receive a payment under this
section for the fiscal year involved, except that for the purpose of
calculating a local educational agency's assessed value of the Federal
property, data from the most current fiscal year shall be used.''.
(d) Special Payments.--
(1) In general.--Section 8002(i)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(i)(1)) is amended to read as
follows:
``(1) In general.--For any fiscal year beginning with fiscal year
2000 for which the amount appropriated to carry out this section exceeds
the amount so appropriated for fiscal year 1996 and for which subsection
(b)(1)(B) applies, the Secretary shall use the remainder described in
subsection (h)(3) for the fiscal year involved (not to exceed the amount
equal to the difference between (A) the amount appropriated to carry out
this section for fiscal year 1997 and (B) the amount appropriated to
carry out this section for fiscal year 1996) to increase the payment
that would otherwise be made under this section to not more than 50
percent of the maximum amount determined under subsection (b) for any
local educational agency described in paragraph (2).''.
(2) Conforming amendment.--The heading of section 8002(i) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(i)) is
amended by striking `` Priority'' and inserting Special''.
(e) Additional Assistance for Certain Local Educational Agencies
Impacted by Federal Property Acquisition.--Section 8002(j)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(j)(2)) is
amended--
(1) by striking ``(A) A local educational agency'' and inserting ``A
local educational agency'';
(2) by redesignating clauses (i) through (v) as subparagraphs (A)
through (E), respectively; and
(3) in subparagraph (C) (as redesignated), by adding at the end
before the semicolon the following: ``and, at the time at which the
agency is applying for a payment under this subsection, the agency does
not have a military installation located within its geographic
boundaries''.
(f) Prior Year Data.--Section 8002 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702) is amended by adding at the end
the following:
``(l) Prior Year Data.--Notwithstanding any other provision of this
section, in determining the eligibility of a local educational agency
for a payment under subsection (b) or (h)(4)(B) of this section for a
fiscal year, and in calculating the amount of such payment, the
Secretary--
``(1) shall use data from the prior fiscal year with respect to the
Federal property involved, including data with respect to the assessed
value of the property and the real property tax rate for current
expenditures levied against or imputed to the property; and
``(2) shall use data from the second prior fiscal year with respect
to determining the amount of revenue referred to in subsection
(b)(1)(A)(i).''.
(g) Eligibility.--Section 8002 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702), as amended by this section, is
further amended by adding at the end the following:
``(m) Eligibility.--
``(1) Old federal property.--Except as provided in paragraph (2), a
local educational agency that is eligible to receive a payment under
this section for Federal property acquired by the Federal Government
before the date of enactment of the Impact Aid Reauthorization Act of
2000 shall be eligible to receive the payment only if the local
educational agency submits an application for a payment under this
section not later than 5 years after the date of the enactment of such
Act.
``(2) Combined federal property.--A local educational agency that is
eligible to receive a payment under this section for Federal property
acquired by the Federal Government before the date of enactment of the
Impact Aid Reauthorization Act of 2000 shall be eligible to receive the
payment if--
``(A) the Federal property, when combined with other Federal
property in the school district served by the local educational agency
acquired by the Federal Government after the date of the enactment of
such Act, meets the requirements of subsection (a); and
``(B) the local educational agency submits an application for a
payment under this section not later than 5 years after the date of
acquisition of the Federal property acquired after the date of the
enactment of such Act.
``(3) New federal property.--A local educational agency that is
eligible to receive a payment under this section for Federal property
acquired by the Federal Government after the date of enactment of the
Impact Aid Reauthorization Act of 2000 shall be eligible to receive the
payment only if the local educational agency submits an application for
a payment under this section not later than 5 years after the date of
acquisition.''.
SEC. 1804. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) General Amendments.--Section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703) is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraph (E) as subparagraph (F);
(B) in subparagraph (D), by striking ``subparagraphs (D) and (E) of
paragraph (1) by a factor of .10'' and inserting ``subparagraph (D) of
paragraph (1) by a factor of .20''; and
(C) by inserting after subparagraph (D) the following:
``(E) Multiply the number of children described in subparagraph (E)
of paragraph (1) by a factor of .10.'';
(2) in subsection (b)(1), by adding at the end the following:
``(D) Data.--If satisfactory data from the third preceding fiscal
year are not available for any of the expenditures described in clause
(i) or (ii) of subparagraph (C), the Secretary shall use data from the
most recent fiscal year for which data that are satisfactory to the
Secretary are available.
``(E) Special rule.--For purposes of determining the comparable
local contribution rate under subparagraph (C)(iii) for a local
educational agency described in section 222.39(c)(3) of title 34, Code
of Federal Regulations, that had its comparable local contribution rate
for fiscal year 1998 calculated pursuant to section 222.39 of title 34,
Code of Federal Regulations, the Secretary shall determine such
comparable local contribution rate as the rate upon which payments under
this subsection for fiscal year 2000 were made to the local educational
agency adjusted by the percentage increase or decrease in the per pupil
expenditure in the State serving the local educational agency calculated
on the basis of the second most recent preceding school year compared to
the third most recent preceding school year for which school year data
are available.''; and
(3) by amending subsection (e) to read as follows:
``(e) Hold Harmless.--
``(1) In general.--Subject to paragraphs (2) and (3), the total
amount the Secretary shall pay a local educational agency under
subsection (b)--
``(A) for fiscal year 2001 shall not be less than 85 percent of the
total amount that the local educational agency received under
subsections (b) and (f) for fiscal year 2000; and
``(B) for fiscal year 2002 shall not be less than 70 percent of the
total amount that the local educational agency received under
subsections (b) and (f) for fiscal year 2000.
``(2) Maximum amount.--The total amount provided to a local
educational agency under subparagraph (A) or (B) of paragraph (1) for a
fiscal year shall not exceed the maximum basic support payment amount
for such agency determined under paragraph (1) or (2) of subsection (b),
as the case may be.
``(3) Ratable reductions.--
``(A) In general.--If the sums made available under this title for
any fiscal year are insufficient to pay the full amounts that all local
educational agencies in all States are eligible to receive under
paragraph (1) for such year, then the Secretary shall ratably reduce the
payments to all such agencies for such year.
``(B) Additional funds.--If additional funds become available for
making payments under paragraph (1) for such fiscal year, payments that
were reduced under subparagraph (A) shall be increased on the same basis
as such payments were reduced.''.
(b) Military Installation and Indian Housing Undergoing Renovation or
Rebuilding.--
(1) In general.--Section 8003(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)) is amended--
(A) in the heading--
(i) by inserting `` and indian'' after `` Military installation''; and
(ii) by inserting `` or rebuilding'' after `` renovation'';
(B) by striking ``For purposes'' and inserting the following:
``(A) In general.--(i) For purposes'';
(C) in subparagraph (A)(i) (as designated by subparagraph (B)), by
inserting ``or rebuilding'' after ``undergoing renovation''; and
(D) by adding at the end the following:
``(ii) For purposes of computing the amount of a payment for a local
educational agency that received a payment for children that resided on
Indian lands in accordance with paragraph (1)(C) for the fiscal year
prior to the fiscal year for which the local educational agency is
making an application, the Secretary shall consider such children to be
children described in paragraph (1)(C) if the Secretary determines, on
the basis of a certification provided to the Secretary by a designated
representative of the Secretary of the Interior or the Secretary of
Housing and Urban Development, that such children would have resided in
housing on Indian lands in accordance with paragraph (1)(C) except that
such housing was undergoing renovation or rebuilding on the date for
which the Secretary determines the number of children under paragraph
(1).
``(B) Limitations.--(i)(I) Children described in paragraph (1)(D)(i)
may be deemed to be children described in paragraph (1)(B) with respect
to housing on Federal property undergoing renovation or rebuilding in
accordance with subparagraph (A)(i) for a period not to exceed 3 fiscal
years.
``(II) The number of children described in paragraph (1)(D)(i) who
are deemed to be children described in paragraph (1)(B) with respect to
housing on Federal property undergoing renovation or rebuilding in
accordance with subparagraph (A)(i) for any fiscal year may not exceed
the maximum number of children who are expected to occupy that housing
upon completion of the renovation or rebuilding.
``(ii)(I) Children that resided on Indian lands in accordance with
paragraph (1)(C) for the fiscal year prior to the fiscal year for which
the local educational
agency is making an application may be deemed to be children
described in paragraph (1)(C) with respect to housing on Indian lands
undergoing renovation or rebuilding in accordance with subparagraph
(A)(ii) for a period not to exceed 3 fiscal years.
``(II) The number of children that resided on Indian lands in
accordance with paragraph (1)(C) for the fiscal year prior to the fiscal
year for which the local educational agency is making an application who
are deemed to be children described in paragraph (1)(C) with respect to
housing on Indian lands undergoing renovation or rebuilding in
accordance with subparagraph (A)(ii) for any fiscal year may not exceed
the maximum number of children who are expected to occupy that housing
upon completion of the renovation or rebuilding.''.
(2) Effective date.--The amendments made by paragraph (1) shall
apply with respect to payments to a local educational agency for fiscal
years beginning before, on, or after the date of the enactment of this
Act.
(c) Military ``Build to Lease'' Program Housing.--Section 8003(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a))
is amended by adding at the end the following:
``(5) Military `build to lease' program housing.--
``(A) In general.--For purposes of computing the amount of payment
for a local educational agency for children identified under paragraph
(1), the Secretary shall consider children residing in housing initially
acquired or constructed under the former section 2828(g) of title 10,
United States Code (commonly known as the `Build to Lease' program), as
added by section 801 of the Military Construction Authorization Act,
1984, to be children described under paragraph (1)(B) if the property
described is within the fenced security perimeter of the military
facility upon which such housing is situated.
``(B) Additional requirements.--If the property described in
subparagraph (A) is not owned by the Federal Government, is subject to
taxation by a State or political subdivision of a State, and thereby
generates revenues for a local educational agency that is applying to
receive a payment under this section, then the Secretary--
``(i) shall require the local educational agency to provide
certification from an appropriate official of the Department of Defense
that the property is being used to provide military housing; and
``(ii) shall reduce the amount of the payment under this section by
an amount equal to the amount of revenue from such taxation received in
the second preceding fiscal year by such local educational agency,
unless the amount of such revenue was taken into account by the State
for such second preceding fiscal year and already resulted in a
reduction in the amount of State aid paid to such local educational
agency.''.
SEC. 1805. MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENTS.
Section 8003(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(b)(1)), as amended by this Act, is further amended
by adding at the end the following:
``(F) Increase in local contribution rate due to unusual geographic
factors.--If the current expenditures in those local educational
agencies which the Secretary has determined to be generally comparable
to the local educational agency for which a computation is made under
subparagraph (C) are not reasonably comparable because of unusual
geographical factors which affect the current expenditures necessary to
maintain, in such agency, a level of education equivalent to that
maintained in such other agencies, then the Secretary shall increase the
local contribution rate for such agency under subparagraph (C)(iii) by
such an amount which the Secretary determines will compensate such
agency for the increase in current expenditures necessitated by such
unusual geographical factors. The amount of any such supplementary
payment may not exceed the per-pupil share (computed with regard to all
children in average daily attendance), as determined by the Secretary,
of the increased current expenditures necessitated by such unusual
geographic factors.''.
SEC. 1806. BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL
EDUCATIONAL AGENCIES.
(a) In General.--Section 8003(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Basic support payments for heavily impacted local educational
agencies.--
``(A) In general.--(i) From the amount appropriated under section
8014(b) for a fiscal year, the Secretary is authorized to make basic
support payments to eligible heavily impacted local educational agencies
with children described in subsection (a).
``(ii) A local educational agency that receives a basic support
payment under this paragraph for a fiscal year shall not be eligible to
receive a basic support payment under paragraph (1) for that fiscal
year.
``(B) Eligibility for continuing heavily impacted local educational
agencies.--
``(i) In general.--A heavily impacted local educational agency is
eligible to receive a basic support payment under subparagraph (A) with
respect to a number of children determined under subsection (a)(1) if
the agency--
(I) received an additional assistance payment under subsection (f)
(as such subsection was in effect on the day before the date of the
enactment of the Impact Aid Reauthorization Act of 2000) for fiscal year
2000; and
``(II)(aa) is a local educational agency whose boundaries are the
same as a Federal military installation;
``(bb) has an enrollment of children described in subsection (a)(1)
that constitutes a percentage of the total student enrollment of the
agency which is not less than 35 percent, has a per-pupil expenditure
that is less than the average per-pupil expenditure of the State in
which the agency is located or the average per-pupil expenditure of all
States (whichever average per-pupil expenditure is greater), except that
a local educational agency with a total student enrollment of less than
350 students shall be deemed to have satisfied such per-pupil
expenditure requirement, and has a tax rate for general fund purposes
which is not less than 95 percent of the average tax rate for general
fund purposes of local educational agencies in the State;
``(cc) has an enrollment of children described in subsection (a)(1)
that constitutes a percentage of the total student enrollment of the
agency which is not less than 30 percent, and has a tax rate for general
fund purposes which is not less than 125 percent of the average tax rate
for general fund purposes for comparable local educational agencies in
the State;
``(dd) has a total student enrollment of not less than 25,000
students, of which not less than 50 percent are children described in
subsection (a)(1) and not less than 6,000 of such children are children
described in subparagraphs (A) and (B) of subsection (a)(1); or
``(ee) meets the requirements of subsection (f)(2) applying the
data requirements of subsection (f)(4) (as such subsections were in
effect on the day before the date of the enactment of the Impact Aid
Reauthorization Act of 2000).
``(ii) Loss of eligibility.--A heavily impacted local educational
agency that met the requirements of clause (i) for a fiscal year shall
be ineligible to receive a basic support payment under subparagraph (A)
if the agency fails to meet the requirements of clause (i) for a
subsequent fiscal year, except that such agency shall continue to
receive a basic support payment under this paragraph for the fiscal year
for which the ineligibility determination is made.
``(iii) Resumption of eligibility.--A heavily impacted local
educational agency described in clause (i) that becomes ineligible under
such clause for 1 or more fiscal years may resume eligibility for a
basic support payment under this paragraph for a subsequent fiscal year
only if the agency meets the requirements of clause (i) for that
subsequent fiscal year, except that such agency shall not receive a
basic support payment under this paragraph until the fiscal year
succeeding the fiscal year for which the eligibility determination is
made.
``(C) Eligibility for new heavily impacted local educational
agencies.--
``(i) In general.--A heavily impacted local educational agency that
did not receive an additional assistance payment under subsection (f)
(as such subsection was in effect on the day before the date of the
enactment of the Impact Aid Reauthorization Act of 2000) for fiscal year
2000 is eligible
to receive a basic support payment under subparagraph (A) for
fiscal year 2002 and any subsequent fiscal year with respect to a number
of children determined under subsection (a)(1) only if the agency is a
local educational agency whose boundaries are the same as a Federal
military installation, or the agency--
``(I) has an enrollment of children described in subsection (a)(1)
that constitutes a percentage of the total student enrollment of the
agency that--
``(aa) is not less than 50 percent if such agency receives a
payment on behalf of children described in subparagraphs (F) and (G) of
such subsection; or
``(bb) is not less than 40 percent if such agency does not receive
a payment on behalf of such children;
``(II)(aa) for a local educational agency that has a total student
enrollment of 350 or more students, has a per-pupil expenditure that is
less than the average per-pupil expenditure of the State in which the
agency is located; or
``(bb) for a local educational agency that has a total student
enrollment of less than 350 students, has a per-pupil expenditure that
is less than the average per-pupil expenditure of a comparable local
educational agency in the State in which the agency is located; and
``(III) has a tax rate for general fund purposes that is at least
95 percent of the average tax rate for general fund purposes of
comparable local educational agencies in the State.
``(ii) Resumption of eligibility.--A heavily impacted local
educational agency described in clause (i) that becomes ineligible under
such clause for 1 or more fiscal years may resume eligibility for a
basic support payment under this paragraph for a subsequent fiscal year
only if the agency is a local educational agency whose boundaries are
the same as a Federal military installation, or meets the requirements
of clause (i), for that subsequent fiscal year, except that such agency
shall continue to receive a basic support payment under this paragraph
for the fiscal year for which the ineligibility determination is made.
``(iii) Application.--With respect to the first fiscal year for
which a heavily impacted local educational agency described in clause
(i) applies for a basic support payment under subparagraph (A), or with
respect to the first fiscal year for which a heavily impacted local
educational agency applies for a basic support payment under
subparagraph (A) after becoming ineligible under clause (i) for 1 or
more preceding fiscal years, the agency shall apply for such payment at
least 1 year prior to the start of that first fiscal year.
``(D) Maximum amount for regular heavily impacted local educational
agencies.--(i) Except as provided in subparagraph (E), the maximum
amount that a heavily impacted local educational agency is eligible to
receive under this paragraph for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2) and subject
to clause (ii), multiplied by the greater of--
``(I) four-fifths of the average per-pupil expenditure of the State
in which the local educational agency is located for the third fiscal
year preceding the fiscal year for which the determination is made; or
``(II) four-fifths of the average per-pupil expenditure of all of
the States for the third fiscal year preceding the fiscal year for which
the determination is made.
``(ii)(I) For a local educational agency with respect to which 35
percent or more of the total student enrollment of the schools of the
agency are children described in subparagraph (D) or (E) (or a
combination thereof) of subsection (a)(1), the Secretary shall calculate
the weighted student units of such children for purposes of subsection
(a)(2) by multiplying the number of such children by a factor of 0.55.
``(II) For a local educational agency that has an enrollment of 100
or fewer children described in subsection (a)(1), the Secretary shall
calculate the total number of weighted student units for purposes of
subsection (a)(2) by multiplying the number of such children by a factor
of 1.75.
``(III) For a local educational agency that has an enrollment of
more than 100 but not more than 750 children described in subsection
(a)(1), the Secretary shall calculate the total number of weighted
student units for purposes of subsection (a)(2) by multiplying the
number of such children by a factor of 1.25.
``(E) Maximum amount for large heavily impacted local educational
agencies.--(i)(I) Subject to clause (ii), the maximum amount that a
heavily impacted local educational agency described in subclause (II) is
eligible to receive under this paragraph for any fiscal year shall be
determined in accordance with the formula described in paragraph (1)(C).
``(II) A heavily impacted local educational agency described in this
subclause is a local educational agency that has a total student
enrollment of not less than 25,000 students, of which not less than 50
percent are children described in subsection (a)(1) and not less than
6,000 of such children are children described in subparagraphs (A) and
(B) of subsection (a)(1).
``(ii) For purposes of calculating the maximum amount described in
clause (i), the factor used in determining the weighted student units
under subsection (a)(2) with respect to children described in
subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35.
``(F) Data.--For purposes of providing assistance under this
paragraph the Secretary shall use student, revenue, expenditure, and tax
data from the third fiscal year preceding the fiscal year for which the
local educational agency is applying for assistance under this
paragraph.''.
(b) Payments With Respect to Fiscal Years in Which Insufficient Funds
Are Appropriated.--Section 8003(b)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(3)) (as so redesignated) is
amended--
(1) in subparagraph (A), by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (2)'';
(2) in subparagraph (B)--
(A) in the heading, by inserting after `` payments'' the following:
`` in lieu of payments under paragraph (1)'';
(B) in clause (i)--
(i) in the matter preceding subclause (I), by inserting before ``by
multiplying'' the following: ``in lieu of basic support payments under
paragraph (1)''; and
(ii) in subclause (II), by striking ``(not including amounts
received under subsection (f))''; and
(C) by adding at the end the following:
``(iv) In the case of a local educational agency that has a total
student enrollment of fewer than 1,000 students and that has a per-pupil
expenditure that is less than the average per-pupil expenditure of the
State in which the agency is located, the total percentage used to
calculate threshold payments under clause (i) shall not be less than 40
percent.'';
(3) by redesignating subparagraph (C) as subparagraph (D);
(4) by inserting after subparagraph (B) the following:
``(C) Learning opportunity threshold payments in lieu of payments
under paragraph (2).--For fiscal years described in subparagraph (A),
the learning opportunity threshold payment in lieu of basic support
payments under paragraph (2) shall be equal to the amount obtained under
subparagraph (D) or (E) of paragraph (2), as the case may be.''; and
(5) in subparagraph (D) (as so redesignated), by striking
``computation made under subparagraph (B)'' and inserting ``computations
made under subparagraphs (B) and (C)''.
(c) Conforming Amendments.--Section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended--
(1) in the matter preceding subparagraph (A) of subsection (a)(1),
by striking ``subsection (b), (d), or (f)'' and inserting ``subsection
(b) or (d)'';
(2) in subsection (b)--
(A) in paragraph (1)(C), in the matter preceding clause (i), by
striking ``this subsection'' and inserting ``this paragraph''; and
(B) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A), by striking ``paragraphs (1)(B), (1)(C),
and (2) of this subsection'' and inserting ``subparagraphs (B) and (C)
of paragraph (1) or subparagraphs (B) through (D) of paragraph (2), as
the case may be, paragraph (3) of this subsection''; and
(ii) in subparagraph (B)--
(I) by inserting after ``paragraph (1)(C)'' the following: ``or
subparagraph (D) or (E) of paragraph (2), as the case may be,''; and
(II) by striking ``paragraph (2)(B)'' and inserting ``subparagraph
(B) or (C) of paragraph (3), as the case may be,'';
(3) in subsection (c)(1), by striking ``paragraph (2) and subsection
(f)'' and inserting ``subsections (b)(1)(D), (b)(2), and paragraph
(2)'';
(4) by striking subsection (f); and
(5) in subsection (h), by striking ``section 6'' and all that
follows through ``1994)'' and inserting ``section 386 of the National
Defense Authorization Act for Fiscal Year 1993''.
SEC. 1807. BASIC SUPPORT PAYMENTS FOR LOCAL EDUCATIONAL
AGENCIES AFFECTED BY REMOVAL OF FEDERAL PROPERTY.
Section 8003(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(b)), as amended by this Act, is further amended by
adding at the end the following:
``(5) Local educational agencies affected by removal of federal
property.--
``(A) In general.--In computing the amount of a basic support
payment under this subsection for a fiscal year for a local educational
agency described in subparagraph (B), the Secretary shall meet the
additional requirements described in subparagraph (C).
``(B) Local educational agency described.--A local educational
agency described in this subparagraph is a local educational agency with
respect to which Federal property (i) located within the boundaries of
the agency, and (ii) on which one or more children reside who are
receiving a free public education at a school of the agency, is
transferred by the Federal Government to another entity in any fiscal
year beginning on or after the date of the enactment of the Impact Aid
Reauthorization Act of 2000 so that the property is subject to taxation
by the State or a political subdivision of the State.
``(C) Additional requirements.--The additional requirements
described in this subparagraph are the following:
``(i) For each fiscal year beginning after the date on which the
Federal property is transferred, a child described in subparagraph (B)
who continues to reside on such property and who continues to receive a
free public education at a school of the agency shall be deemed to be a
child who resides on Federal property for purposes of computing under
the applicable subparagraph of subsection (a)(1) the amount that the
agency is eligible to receive under this subsection.
``(ii)(I) For the third fiscal year beginning after the date on
which the Federal property is transferred, and for each fiscal year
thereafter, the Secretary shall, after computing the amount that the
agency is otherwise eligible to receive under this subsection for the
fiscal year involved, deduct from such amount an amount equal to the
revenue received by the agency for the immediately preceding fiscal year
as a result of the taxable status of the former Federal property.
``(II) For purposes of determining the amount of revenue to be
deducted in accordance with subclause (I), the local educational
agency--
``(aa) shall provide for a review and certification of such amount
by an appropriate local tax authority; and
``(bb) shall submit to the Secretary a report containing the amount
certified under item (aa).''.
SEC. 1808. ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES
WITH HIGH CONCENTRATIONS OF CHILDREN WITH SEVERE DISABILITIES.
(a) Repeal.--Subsection (g) of section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(g)) is repealed.
(b) Conforming Amendments.--(1) Section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended by
redesignating subsections (h) and (i) as subsections (f) and (g),
respectively.
(2) Section 426 of the General Education Provisions Act (20 U.S.C.
1228) is amended by striking ``subsections (d) and (g) of section 8003
of such Act'' and inserting ``section 8003(d) of such Act''.
SEC. 1809. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(d) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7705(d)) is amended--
(1) in paragraph (2), by inserting after ``not more than 60 days
after a deadline established under subsection (c)'' the following: ``,
or not more than 60 days after the date on which the Secretary sends
written notice to the local educational agency pursuant to paragraph
(3)(A), as the case may be,''; and
(2) in paragraph (3) to read as follows:
``(3) Late applications.--
``(A) Notice.--The Secretary shall, as soon as practicable after the
deadline established under subsection (c), provide to each local
educational agency that applied for a payment under section 8002 or 8003
for the prior fiscal year, and with respect to which the Secretary has
not received an application for a payment under either such section (as
the case may be) for the fiscal year in question, written notice of the
failure to comply with the deadline and instruction to ensure that the
application is filed not later than 60 days after the date on which the
Secretary sends the notice.
``(B) Acceptance and approval of late applications.--The Secretary
shall not accept or approve any application of a local educational
agency that is filed more than 60 days after the date on which the
Secretary sends written notice to the local educational agency pursuant
to subparagraph (A).''.
SEC. 1810. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
Section 8006 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7706) is repealed.
SEC. 1811. CONSTRUCTION.
Section 8007 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7707) is amended to read as follows:
``SEC. 8007. CONSTRUCTION.
``(a) Construction Payments Authorized.--
``(1) In general.--From 40 percent of the amount appropriated for
each fiscal year under section 8014(e), the Secretary shall make
payments in accordance with this subsection to each local educational
agency that receives a basic support payment under section 8003(b) for
that fiscal year.
``(2) Additional requirements.--A local educational agency that
receives a basic support payment under section 8003(b)(1) shall also
meet at least one of the following requirements:
``(A) The number of children determined under section 8003(a)(1)(C)
for the agency for the preceding school year constituted at least 50
percent of the total student enrollment in the schools of the agency
during the preceding school year.
``(B) The number of children determined under subparagraphs (B) and
(D)(i) of section 8003(a)(1) for the agency for the preceding school
year constituted at least 50 percent of the total student enrollment in
the schools of the agency during the preceding school year.
``(3) Amount of payments.--
``(A) Local educational agencies impacted by military dependent
children.--The amount of a payment to each local educational agency
described in this subsection that is impacted by military dependent
children for a fiscal year shall be equal to--
``(i)(I) 20 percent of the amount appropriated under section 8014(e)
for such fiscal year; divided by
``(II) the total number of weighted student units of children
described in subparagraphs (B) and (D)(i) of section 8003(a)(1) for all
local educational agencies described in this subsection (as calculated
under section 8003(a)(2)), including the number of weighted student
units of such children attending a school facility described in section
8008(a) if the Secretary does not provide assistance for the school
facility under that section for the prior fiscal year; multiplied by
``(ii) the total number of such weighted student units for the agency.
``(B) Local educational agencies impacted by children who reside on
indian lands.--The amount of a payment to each local educational agency
described in this subsection that is impacted by children who reside on
Indian lands for a fiscal year shall be equal to--
``(i)(I) 20 percent of the amount appropriated under section 8014(e)
for such fiscal year; divided by
``(II) the total number of weighted student units of children
described in section 8003(a)(1)(C) for all local educational agencies
described in this subsection (as calculated under section 8003(a)(2));
multiplied by
``(ii) the total number of such weighted student units for the agency.
``(4) Use of funds.--Any local educational agency that receives
funds under this subsection shall use such funds for construction, as
defined in section 8013(3).
``(b) School Facility Modernization Grants Authorized.--
``(1) In general.--From 60 percent of the amount appropriated for
each fiscal year under section 8014(e), the Secretary shall award grants
in accordance with this subsection to eligible local educational
agencies to enable the local educational agencies to carry out
modernization of school facilities.
``(2) Eligibility requirements.--A local educational agency is
eligible to receive funds under this subsection only if--
``(A) such agency (or in the case of a local educational agency that
does not have the authority to tax or issue bonds, such agency's fiscal
agent) has no capacity to issue bonds or is at such agency's limit in
bonded indebtedness for the purposes of generating funds for capital
expenditures, except that a local educational agency that is eligible to
receive funds under section 8003(b)(2) shall be deemed to meet the
requirements of this subparagraph; and
``(B)(i) such agency received assistance under section 8002(a) for
the fiscal year and has an assessed value of taxable property per
student in the school district that is less than the average of the
assessed value of taxable property per student in the State in which the
local educational agency is located; or
``(ii) such agency received assistance under subsection (a) for the
fiscal year and has a school facility emergency, as determined by the
Secretary, that poses a health or safety hazard to the students and
school personnel assigned to the school facility.
``(3) Award criteria.--In awarding grants under this subsection the
Secretary shall consider one or more of the following factors:
``(A) The extent to which the local educational agency lacks the
fiscal capacity to undertake the modernization project without Federal
assistance.
``(B) The extent to which property in the local educational agency
is nontaxable due to the presence of the Federal Government.
``(C) The extent to which the local educational agency serves high
numbers or percentages of children described in subparagraphs (A), (B),
(C), and (D) of section 8003(a)(1).
``(D) The need for modernization to meet--
``(i) the threat that the condition of the school facility poses to
the health, safety, and well-being of students;
``(ii) overcrowding conditions as evidenced by the use of trailers
and portable buildings and the potential for future overcrowding because
of increased enrollment; and
``(iii) facility needs resulting from actions of the Federal
Government.
``(E) The age of the school facility to be modernized.
``(4) Other award provisions.--
``(A) Federal share.--The Federal funds provided under this
subsection to a local educational agency described in subparagraph (C)
shall not exceed 50 percent of the total cost of the project to be
assisted under this subsection. A local educational agency may use
in-kind contributions to meet the matching requirement of the preceding
sentence.
``(B) Maximum grant.--A local educational agency described in
subparagraph (C) may not receive a grant under this subsection in an
amount that exceeds $3,000,000 during any 5-year period.
``(C) Local educational agency described.--A local educational
agency described in this subparagraph is a local educational agency that
has the authority to issue bonds but is at such agency's limit in bonded
indebtedness for the purposes of generating funds for capital
expenditures.
``(5) Applications.--A local educational agency that desires to
receive a grant under this subsection shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Each application shall
contain--
``(A) documentation certifying such agency's lack of bonding capacity;
``(B) a listing of the school facilities to be modernized, including
the number and percentage of children determined under section
8003(a)(1) in average daily attendance in each school facility;
``(C) a description of the ownership of the property on which the
current school facility is located or on which the planned school
facility will be located;
``(D) a description of any school facility deficiency that poses a
health or safety hazard to the occupants of the school facility and a
description of how that deficiency will be repaired;
``(E) a description of the modernization to be supported with funds
provided under this subsection;
``(F) a cost estimate of the proposed modernization; and
``(G) such other information and assurances as the Secretary may
reasonably require.
``(6) Emergency grants.--
``(A) Applications.--Each local educational agency described in
paragraph (2)(B)(ii) that desires a grant under this subsection shall
include in the application submitted under paragraph (5) a signed
statement from an appropriate local official certifying that a health or
safety deficiency exists.
``(B) Priority.--If the Secretary receives more than one application
from local educational agencies described in paragraph (2)(B)(ii) for
grants under this subsection for any fiscal year, the Secretary shall
give priority to local educational agencies based on the severity of the
emergency, as determined by the Secretary, and when the application was
received.
``(C) Allocation; reporting requirement.--
``(i) Allocation.--In awarding grants under this subsection to local
educational agencies described in paragraph (2)(B)(ii), the Secretary
shall consider all applications received from local educational agencies
that meet the requirement of subsection (a)(2)(A) and local educational
agencies that meet the requirement of subsection (a)(2)(B).
``(ii) Reporting requirement.--
``(I) In general.--Not later than January 1 of each year, the
Secretary shall prepare and submit to the appropriate congressional
committees a report that contains a justification for each grant awarded
under this subsection for the prior fiscal year.
``(II) Definition .--In this clause, the term `appropriate
congressional committees' means the Committee on Appropriations and the
Committee on Education and the Workforce of the House of Representatives
and the Committee on Appropriations and the Committee on Health,
Education, Labor, and Pensions of the Senate.
``(D) Consideration for following year.--A local educational agency
described in paragraph (2)(B)(ii) that applies for a grant under this
subsection for any fiscal year and does not receive the grant shall have
the application for the grant considered for the following fiscal year,
subject to the priority described in subparagraph (B).
``(7) Supplement not supplant.--An eligible local educational agency
shall use funds received under this subsection only to supplement the
amount of funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the modernization of school
facilities used for educational purposes, and not to supplant such
funds.''.
SEC. 1812. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
Section 8009 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7709) is amended--
(1) in subsection (a)(1), by striking ``or under'' and all that
follows through ``of 1994)'';
(2) by amending subsection (b)(1) to read as follows:
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under section 8002 or 8003(b)
(except the amount calculated in excess of 1.0 under section
8003(a)(2)(B)) for any fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that the State has in effect a
program of State aid that equalizes expenditures for free public
education among local educational agencies in the State.''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter proceeding subparagraph (A), by striking ``or
under'' and all that follows through ``of 1994)''; and
(ii) in subparagraph (B), by striking ``or under'' and all that
follows through ``of 1994)''; and
(B) in paragraph (2), by striking ``or under'' and all that follows
through ``of 1994)''.
SEC. 1813. FEDERAL ADMINISTRATION.
Section 8010(c) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7710(c)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs (1) and
(2), respectively; and
(3) in paragraph (2) (as redesignated)--
(A) in subparagraph (D), by striking ``section 5(d)(2) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such section was
in effect on the day preceding the date of enactment of the Improving
America's Schools Act of 1994) or''; and
(B) in subparagraph (E)--
(i) by striking ``1994'' and inserting ``1999'';
(ii) by striking ``(or such section's predecessor authority)''; and
(iii) by striking ``paragraph (2)'' and inserting ``paragraph (1)''.
SEC. 1814. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
(a) Administrative Hearings.--
(1) In general.--Section 8011(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7711) is amended by adding at the end
before the period the following: ``if the local educational agency or
State, as the case may be, submits to the Secretary a request for the
hearing not later than 60 days after the date of the action of the
Secretary under this title''.
(2) Effective date.--The amendment made by paragraph (1) shall apply
with respect to an action of the Secretary under title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.)
initiated on or after the date of the enactment of this Act.
(b) Judicial Review of Secretarial Action.--Section 8011(b)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7711(b)(1)) is
amended by striking ``60 days'' and inserting ``30 working days (as
determined by the local educational agency or State)''.
SEC. 1815. FORGIVENESS OF OVERPAYMENTS.
The matter preceding paragraph (1) of section 8012 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7712) is amended by
striking ``under the Act'' and all that follows through ``of 1994)'' and
inserting ``under this title's predecessor authorities''.
SEC. 1816. DEFINITIONS.
Section 8013 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7713) is amended--
(1) in paragraph (5)--
(A) in subparagraph (A)(iii)--
(I) in subclause (I), by striking ``or'' after the semicolon; and
(II) by adding at the end the following:
``(III) used for affordable housing assisted under the Native
American Housing Assistance and Self-Determination Act of 1996; or'';
and
(B) in subparagraph (F)(i), by striking ``the mutual'' and all that
follows through ``1937'' and inserting ``or authorized by the Native
American Housing Assistance and Self-Determination Act of 1996'';
(2) in paragraph (8)(B), by striking ``all States'' and inserting
``the 50 States and the District of Columbia'';
(3) by redesignating paragraphs (11) and (12) as paragraphs (12) and
(13), respectively; and
(4) by inserting after paragraph (10) the following:
``(11) Modernization.--The term `modernization' means repair,
renovation, alteration, or construction, including--
``(A) the concurrent installation of equipment; and
``(B) the complete or partial replacement of an existing school
facility, but only if such replacement is less expensive and more
cost-effective than repair, renovation, or alteration of the school
facility.''.
SEC. 1817. AUTHORIZATION OF APPROPRIATIONS.
(a) Payments for Federal Acquisition of Real Property.--Section
8014(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7714(a)) is amended--
(1) by striking ``$16,750,000 for fiscal year 1995'' and inserting
``$32,000,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
(b) Basic Payments.--Section 8014(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714(b)) is amended--
(1) by striking ``subsections (b) and (f) of section 8003'' and
inserting ``section 8003(b)'';
(2) by striking ``$775,000,000 for fiscal year 1995'' and inserting
``$809,400,000 for fiscal year 2000'';
(3) by striking ``four'' and inserting ``three''; and
(4) by striking ``, of which 6 percent'' and all that follows and
inserting a period.
(c) Payments for Children With Disabilities.--Section 8014(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(c)) is
amended--
(1) by striking ``$45,000,000 for fiscal year 1995'' and inserting
``$50,000,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
(d) Payments for Increases in Military Children.--Subsection (d) of
section 8014 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7714) is repealed.
(e) Construction.--Section 8014(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714(e)) is amended--
(1) by striking ``$25,000,000 for fiscal year 1995'' and inserting
``$10,052,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
(f) Facilities Maintenance.--Section 8014(f) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7714(f)) is amended--
(1) by striking ``$2,000,000 for fiscal year 1995'' and inserting
``$5,000,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``three''.
(g) Additional Assistance for Certain Local Educational Agencies
Impacted by Federal Property Acquisition.--Section 8014(g) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(g)) is
amended--
(1) in the heading, by striking `` Federal Property Local
Educational Agencies'' and inserting `` Local Educational Agencies
Impacted by Federal Property Acquisition''; and
(2) by striking ``such sums as are necessary beginning in fiscal
year 1998 and for each succeeding fiscal year'' and inserting
``$1,500,000 for fiscal year 2000 and such sums as may be necessary for
each of the three succeeding fiscal years''.
SEC. 1818. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on October 1, 2000, or the date of the enactment of this Act, whichever
occurs later.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2001''.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal
year 2000 projects.
Sec. 2106. Modification of authority to carry out certain fiscal
year 1999 projects.
Sec. 2107. Modification of authority to carry out fiscal year 1998
project.
Sec. 2108. Authority to accept funds for realignment of certain
military construction project, Fort Campbell, Kentucky.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(1), the Secretary
of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
State Installation or location Amount
Alabama Redstone Arsenal $39,000,000
Alaska Fort Richardson 3,000,000
Arizona Fort Huachuca 4,600,000
Arkansas Pine Bluff Arsenal 2,750,000
California Fort Irwin 31,000,000
Presidio, Monterey 2,600,000
Georgia Fort Benning 15,800,000
Fort Gordon 2,600,000
Hawaii Pohakoula Training Facility 32,000,000
Schofield Barracks 43,800,000
Kansas Fort Riley 22,000,000
Kentucky Fort Knox 550,000
Maryland Fort Meade 19,000,000
Missouri Fort Leonard Wood 65,400,000
New Jersey Picatinny Arsenal 5,600,000
New York Fort Drum 18,000,000
North Carolina Fort Bragg 222,200,000
Sunny Point Army Terminal 2,300,000
Ohio Columbus 1,832,000
Pennsylvania Carlisle Barracks 10,500,000
New Cumberland Army Depot 3,700,000
Texas Fort Bliss 26,000,000
Fort Hood 36,492,000
Red River Army Depot 800,000
Virginia Fort Evans 4,450,000
-------------
xl Total 615,974,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
Country Installation or location Amount
Germany lArea Support Group, Bamberg $11,650,000
lArea Support Group, Darmstadt 11,300,000
Kaiserslautern 3,400,000
Mannheim 4,050,000
Korea Camp Carroll 10,000,000
Camp Hovey 30,200,000
Camp Humphreys 14,200,000
Camp Page 19,500,000
Yongpyong 11,850,000
Puerto Rico Fort Buchanan 3,700,000
-------------
xl Total 119,850,000
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(3), the Secretary
of the Army may acquire real property and carry out military
construction projects for the installation and location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
Location Installation Amount
Unspecified Worldwide Classified Location $11,000,000
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may construct or acquire family
housing units (including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following table:
Army: Family Housing
State or Country Installation or location Purpose Amount
Alaska Fort Wainwright 75 Units $24,000,000
Arizona Fort Huachuca 110 Units 16,224,000
California Fort Irwin 24 Units 4,700,000
Hawaii Schofield Barracks 72 Units 15,500,000
Kentucky Fort Campbell 184 Units 27,800,000
Maryland Fort Detrick 48 Units 5,600,000
Missouri Fort Leonard Wood 24 Units 4,150,000
North Carolina Fort Bragg 160 Units 22,000,000
South Carolina Fort Jackson 1 Unit 250,000
Texas Fort Bliss 64 Units 10,200,000
Virginia Fort Lee 52 Units 8,600,000
Korea Camp Humphreys 60 Units 21,800,000
Puerto Rico Fort Buchanan 31 Units 5,000,000
-------------
xl Total 165,824,000
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(A), the Secretary
of the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$6,542,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $63,590,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2000, for military
construction, land acquisition, and military family housing functions of
the Department of the Army in the total amount of $1,925,344,000, as
follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $419,374,000.
(2) For military construction projects outside the United States
authorized by section 2101(b), $119,850,000.
(3) For a military construction project at an unspecified worldwide
location authorized by section 2101(c), $11,000,000.
(4) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $20,700,000.
(5) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $109,306,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $235,956,000.
(B) For support of military family housing (including the functions
described in section 2833 of title 10, United States Code),
$971,704,000.
(7) For the construction of phase 1C of a barracks complex, Infantry
Drive, Fort Riley, Kansas, authorized by section 2101(a) of the Military
Construction Act for Fiscal Year 1999 (division B of Public Law 105 261;
112 Stat. 2182), $10,000,000.
(8) For the construction of a railhead facility, Fort Hood, Texas,
authorized by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (112 Stat. 2182), as amended by section 2106 of
this Act, $9,800,000.
(9) For the construction of a chemical defense qualification
facility, Pine Bluff Arsenal, Arkansas, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106 65; 113 Stat. 825), $2,592,000.
(10) For the construction of phase 1B of a barracks complex, Wilson
Street, Schofield Barracks, Hawaii, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2000 (113 Stat.
825), $22,400,000.
(11) For the construction of phase 2B of a barracks complex,
Tagaytay Street, Fort Bragg, North Carolina, authorized by section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2000 (113 Stat. 825), $3,108,000.
(12) For the construction of phase 2 of a tactical equipment shop,
Fort Sill, Oklahoma, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (113 Stat. 825),
$10,100,000.
(b) Limitation on Total Cost of Construction
Projects.--Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost variations
authorized by law, the total cost of all projects carried out under
section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a);
(2) $22,600,000 (the balance of the amount authorized under section
2101(a) for the construction of a Basic Training Complex at Fort Leonard
Wood, Missouri);
(3) $10,000,000 (the balance of the amount authorized under section
2101(a) for construction of a Multipurpose Digital Training Range at
Fort Hood, Texas);
(4) $34,000,000 (the balance of the amount authorized under section
2101(a) for construction of phase I of a barracks complex, Longstreet
Road, Fort Bragg, North Carolina);
(5) $104,000,000 (the balance of the amount authorized under section
2101(a) for the construction phase I of a barracks complex, Bunter Road,
Fort Bragg, North Carolina);
(6) $6,000,000 (the balance of the amount authorized under section
2101(a) for the construction of a battle simulation center at Fort Drum,
New York); and
(7) $20,000,000 (the balance of the amount authorized under section
2101(a) for the construction of Saddle Access Road, Pohakuloa Training
Facility, Hawaii).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (12) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $635,000, which represents the combination of savings resulting
from adjustments to foreign currency exchange rates for military
construction outside the United States; and
(2) $19,911,000 which represents the combination of savings
resulting from adjustments to foreign currency exchange rates for
military family housing construction and military family housing support
outside the United States.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECTS.
(a) Construction Projects Inside the United States.--The table in
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106 65; 113 Stat. 825) is
amended--
(1) in the item relating to Fort Stewart, Georgia, by striking
``$71,700,000'' in the amount column and inserting ``$25,700,000'';
(2) by striking the item relating to Fort Riley, Kansas;
(3) in the item relating to CONUS Various, by striking
``$36,400,000'' in the amount column and inserting ``$138,900,000''; and
(4) by striking the amount identified as the total in the amount
column and inserting ``$1,059,250,000''.
(b) Unspecified Minor Construction Projects.--Subsection (a)(3) of
section 2104 of the Military Construction Authorization Act for Fiscal
Year 2000 (113 Stat. 826) is amended by striking ``$9,500,000'' and
inserting ``$14,600,000''.
(c) Conforming Amendments.--Section 2104 of the Military Construction
Authorization Act for Fiscal Year 2000 is further amended--
(1) in the matter preceding subsection (a), by striking
``$2,353,231,000'' and inserting ``$2,358,331,000''; and
(2) in subsection (b), by striking paragraph (7) and inserting the
following new paragraph:
``(7) $102,500,000 (the balance of the amount authorized under
section 2101(a) for Army construction and land acquisition projects
covered under the item relating to CONUS Various, as amended by section
2105 of the Military Construction Authorization Act for Fiscal Year
2001).
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1999 PROJECTS.
(a) Modification.--The table in section 2101 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105 261; 112 Stat. 2182) is amended--
(1) in the item relating to Fort Hood, Texas, by striking
``$32,500,000'' in the amount column and inserting ``$45,300,000'';
(2) in the item relating to Fort Riley, Kansas, by striking
``$41,000,000'' in the amount column and inserting ``$44,500,000''; and
(3) by striking the amount identified as the total in the amount
column and inserting ``$785,081,000''.
(b) Conforming Amendments.--Section 2104 of that Act (112 Stat. 2184)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``$2,098,713,000'' and inserting ``$2,111,513,000''; and
(B) in paragraph (1), by striking ``$609,781,000'' and inserting
``$622,581,000''; and
(2) in subsection (b)(7), by striking ``$24,500,000'' and inserting
``$28,000,000''.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1998 PROJECT.
(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105 85; 111 Stat. 1967), as amended by section 2105(a) of the
Military Construction Authorization Act for Fiscal Year 1999 (division B
of Public Law 105 261; 112 Stat. 2185), is amended--
(1) in the item relating to Hunter Army Airfield, Fort Stewart,
Georgia, by striking ``$54,000,000'' in the amount column and inserting
``$57,500,000''; and
(2) by striking the amount identified as the total in the amount
column and inserting ``$606,250,000''.
(b) Conforming Amendment.--Section 2104(b)(5) of the Military
Construction Authorization Act for Fiscal Year 1998 (111 Stat. 1969) is
amended by striking ``$42,500,000'' and inserting ``$46,000,000''.
SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGNMENT OF
CERTAIN MILITARY CONSTRUCTION PROJECT, FORT CAMPBELL, KENTUCKY.
(a) Authority To Accept Funds.--(1) The Secretary of the Army may
accept funds from the Federal Highway Administration or the Commonwealth
of Kentucky for purposes of funding all costs associated with the
realignment of the military construction project involving a rail
connector located at Fort Campbell, Kentucky, as authorized in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104 201; 110 Stat. 2763).
(2) Any funds accepted under paragraph (1) shall be credited to the
account of the Department of the Army from which the costs of the
realignment of the military construction project described in that
paragraph are to be paid.
(b) Use of Funds.--(1) The Secretary may use funds accepted under
subsection (a) for any costs associated with the realignment of the
military construction project described in that subsection in addition
to any amounts authorized and appropriated for the military construction
project.
(2) For purposes of paragraph (1), the costs associated with the
realignment of the military construction project described in subsection
(a) include redesign costs, additional construction costs, additional
costs due to construction delays related to the realignment, and
additional real estate costs.
(3) Funds accepted under subsection (a) shall remain available for
use under paragraph (1) until expended.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project at Marine Corps Combat Development Command, Quantico, Virginia.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(1), the Secretary
of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
State Installation or location Amount
Arizona Marine Corps Air Station, Yuma $8,200,000
xl Navy Detachment, Camp Navajo 2,940,000
California lMarine Corps Air-Ground Combat Center, Twentynine Palms 23,870,000
xl lMarine Corps Air Station, Miramar 13,740,000
xl lMarine Corps Base, Camp Pendleton 8,100,000
xl lMarine Corps Logistics Base, Barstow 6,660,000
xl Naval Air Station, Lemoore 12,050,000
xl lNaval Air Warfare Center Weapons Division, Point Mugu 11,400,000
xl lNaval Aviation Depot, North Island 4,340,000
xl lNaval Facility, San Clemente Island 8,860,000
xl lNaval Postgraduate School, Monterey 5,280,000
xl lNaval Ship Weapons Systems Engineering Station, Port Hueneme 10,200,000
xl Naval Station, San Diego 53,200,000
Connecticut lNaval Submarine Base, New London 3,100,000
CONUS Various CONUS Various 11,500,000
District of Columbia Marine Corps Barracks 24,597,000
xl Naval District, Washington 2,450,000
xl lNaval Research Laboratory, Washington 12,390,000
Florida Naval Air Station, Whiting Field 5,130,000
xl lNaval Surface Warfare Center Wastal Systems Station, Panama City 9,960,000
xl Naval Station, Mayport 6,830,000
xl lNaval Surface Warfare Center Detachment, Ft. Lauderdale 3,570,000
Georgia lMarine Corps Logistics Base, Albany 1,100,000
xl lNavy Supply Corps School, Athens 2,950,000
xl Trident Refit Facility, Kings Bay 5,200,000
Hawaii lFleet Industrial Supply Center, Pearl Harbor 12,000,000
xl lNaval Undersea Weapons Station Detachment, Lualualei 2,100,000
xl lMarine Corps Air Station, Kaneohe 18,400,000
xl Naval Station, Pearl Harbor 37,600,000
Illinois lNaval Training Center, Great Lakes 121,400,000
Maine Naval Air Station, Brunswick 2,450,000
xl Naval Shipyard, Portsmouth 4,960,000
Maryland lNaval Explosive Ordinance Disposal Technology Center, Indian Head 6,430,000
xl lNaval Air Station, Patuxent River 8,240,000
Mississippi Naval Air Station, Meridian 4,700,000
xl lNaval Oceanographic Office, Stennis Space Center 6,950,000
Nevada Naval Air Station, Fallon 6,280,000
New Jersey Naval Weapons Station, Earle 2,420,000
North Carolina lMarine Corps Air Station, Cherry Point 8,480,000
xl lMarine Corps Air Station, New River 3,400,000
xl lMarine Corps Base, Camp Lejeune 45,870,000
xl lNaval Aviation Depot, Cherry Point 7,540,000
Pennsylvania lNaval Surface Warfare Center Shipyard Systems Engineering Station, Philadelphia 10,680,000
Rhode Island lNaval Undersea Warfare Center Division, Newport 4,150,000
South Carolina lMarine Corps Air Station, Beaufort 3,140,000
xl lMarine Corps Recruit Depot, Parris Island 2,660,000
Texas lNaval Air Station, Corpus Christi 4,850,000
xl Naval Air Station, Kingsville 2,670,000
xl Naval Station, Ingleside 2,420,000
Virginia lAEGIS Combat Systems Center, Wallops Island 3,300,000
xl lMarine Corps Combat Development Command, Quantico 8,590,000
xl Naval Air Station, Norfolk 31,450,000
xl Naval Air Station, Oceana 5,250,000
xl lNaval Amphibious Base, Little Creek 2,830,000
xl lNaval Shipyard, Norfolk, Portsmouth 16,100,000
xl Naval Station, Norfolk 4,700,000
xl lNaval Surface Warfare Center, Dahlgren 30,700,000
Washington lNaval Shipyard, Bremerton, Puget Sound 100,740,000
xl lNaval Station, Bremerton 11,930,000
xl lNaval Station, Everett 5,500,000
xl lNaval Submarine Base, Bangor 4,600,000
xl lStrategic Weapons Facility Pacific, Bremerton 1,400,000
-------------
xl Total: 811,497,000
(b) Outside the United States.-- 7E 7EUsing amounts appropriated
pursuant to the authorization of appropriations in section 2204(a)(2),
the Secretary of the Navy may acquire real property and carry out
military construction projects for the locations outside the United
States, and in the amounts, set forth in the following table:
Navy: Outside the United States
Country Installation or location Amount
Bahrain Administrative Support Unit $19,400,000
Italy Naval Air Station, Sigonella 32,969,000
xl Naval Support Activity, Naples 15,000,000
Various Locations lHost Nation Infrastructure Support 142,000
-------------
xl Total: 67,511,000
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire family
housing units (including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following table:
Navy: Family Housing
State Installation or location Purpose Amount
California lMarine Corps Air-Ground Combat Center, Twentynine Palms 79 Units $13,923,000
xl lNaval Air Station, Lemoore 260 Units 47,871,000
Hawaii lCommander Naval Base, Pearl Harbor 112 Units 23,654,000
xl lCommander Naval Base, Pearl Harbor 62 Units 14,237,000
xl lCommander Naval Base, Pearl Harbor 98 Units 22,230,000
xl lMarine Corps Air Station, Kaneohe Bay 84 Units 21,910,000
Louisiana lNaval Air Station, New Orleans 34 Units 5,000,000
Maine lNaval Air Station, Brunswick 168 Units 18,722,000
Mississippi lNaval Construction Battalion Center, Gulfport 157 Units 20,700,000
Washington lNaval Air Station, Whidbey Island 98 Units 16,873,000
-------------
xl xl Total: 205,120,000
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(5)(A), the Secretary
of the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$19,958,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $193,077,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2000, for military
construction, land acquisition, and military family housing functions of
the Department of the Navy in the total amount of $2,227,995,000, as
follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $750,257,000.
(2) For military construction projects outside the United States
authorized by section 2201(b), $67,511,000.
(3) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $11,659,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $73,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $418,155,000.
(B) For support of military housing (including functions described
in section 2833 of title 10, United States Code), $882,638,000.
(6) For construction of a berthing wharf at Naval Air Station, North
Island, California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106 65; 113 Stat. 828), $12,800,000.
(7) For construction of the Commander-in-Chief Headquarters, Pacific
Command, Camp H.M. Smith, Hawaii, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2000,
$35,600,000.
(b) Limitation on Total Cost of Construction
Projects.--Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out under
section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a);
(2) $17,500,000 (the balance of the amount authorized under section
2201(a) for repair of a pier at Naval Station, San Diego, California);
(3) $24,460,000 (the balance of the amount authorized under section
2201(a) for replacement of a pier at Naval Shipyard, Bremerton, Puget
Sound, Washington); and
(4) $10,280,000 (the balance of the amount authorized under section
2201(a) for construction of an industrial skills center at Naval
Shipyard, Bremerton, Puget Sound, Washington).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (7) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $2,889,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates for
military construction outside the United States;
(2) $20,000,000, which represents the combination of project savings
in military construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes; and
(3) $1,071,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates for
military family housing support outside the United States.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1997 PROJECT AT MARINE CORPS COMBAT DEVELOPMENT COMMAND, QUANTICO,
VIRGINIA.
The Secretary of the Navy may carry out a military construction
project involving infrastructure development at the Marine Corps Combat
Development Command, Quantico, Virginia, in the amount of $8,900,000,
using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104
201; 110 Stat. 2769) for a military construction project involving a
sanitary landfill at that installation, as authorized by section 2201(a)
of that Act (110 Stat. 2767) and extended by section 2702 of the
Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106 65; 113 Stat. 842) and section 2703 of this Act.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(1), the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
State Installation or location Amount
Alabama Maxwell Air Force Base $3,825,000
Alaska Cape Romanzof 3,900,000
Eielson Air Force Base 40,990,000
Elmendorf Air Force Base 35,186,000
Arizona lDavis-Monthan Air Force Base 7,900,000
Arkansas lLittle Rock Air Force Base 18,319,000
California Beale Air Force Base 10,099,000
Los Angeles Air Force Base 6,580,000
Vandenberg Air Force Base 4,650,000
Colorado lBuckley Air National Guard Base 2,750,000
Peterson Air Force Base 22,396,000
Schriever Air Force Base 8,450,000
lUnited States Air Force Academy 18,960,000
CONUS Classified Classified Location 1,810,000
District of Columbia Bolling Air Force Base 4,520,000
Florida Eglin Air Force Base 8,940,000
Eglin Auxiliary Field 9 7,960,000
Patrick Air Force Base 12,970,000
Tyndall Air Force Base 31,495,000
Georgia lFort Stewart/Hunter Army Air Field 4,920,000
Moody Air Force Base 11,318,000
Robins Air Force Base 15,857,000
Hawaii Hickam Air Force Base 4,620,000
Idaho lMountain Home Air Force Base 10,125,000
Illinois Scott Air Force Base 3,830,000
Kansas McConnell Air Force Base 11,864,000
Louisiana Barksdale Air Force Base 20,464,000
Massachusetts Hanscom Air Force Base 12,000,000
Mississippi Columbus Air Force Base 4,828,000
Keesler Air Force Base 15,040,000
Missouri Whiteman Air Force Base 12,050,000
Montana Malmstrom Air Force Base 11,179,000
New Jersey McGuire Air Force Base 29,772,000
New Mexico Cannon Air Force Base 4,934,000
Holloman Air Force Base 18,380,000
Kirtland Air Force Base 7,350,000
North Carolina Pope Air Force Base 24,570,000
lSeymour Johnson Air Force Base 7,141,000
Ohio lWright-Patterson Air Force Base 37,508,000
Oklahoma Altus Air Force Base 2,939,000
Tinker Air Force Base 26,895,000
Vance Air Force Base 10,504,000
South Carolina Charleston Air Force Base 22,238,000
Shaw Air Force Base 8,102,000
South Dakota Ellsworth Air Force Base 10,290,000
Texas Dyess Air Force Base 24,988,000
Lackland Air Force Base 10,330,000
Laughlin Air Force Base 11,973,000
Sheppard Air Force Base 6,450,000
Utah Hill Air Force Base 28,050,000
Virginia Langley Air Force Base 19,650,000
Washington Fairchild Air Force Base 7,926,000
McChord Air Force Base 10,250,000
Wyoming F.E. Warren Air Force Base 25,720,000
-------------
xl Total: 745,755,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
Country Installation or location Amount
Diego Garcia Diego Garcia $5,475,000
Italy Aviano Air Base 8,000,000
Korea Kunsan Air Base 6,400,000
Osan Air Base 21,948,000
Spain Naval Station, Rota 5,052,000
Turkey Incirlik Air Base 1,000,000
------------
xl Total: 47,875,000
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
State Installation or location Purpose Amount
California lEdwards Air Force Base 57 Units $9,870,000
Travis Air Force Base 64 Units 9,870,000
District of Columbia Bolling Air Force Base 136 Units 17,137,000
Idaho lMountain Home Air Force Base 119 Units 10,598,000
Nevada Nellis Air Force Base 26 Units 5,000,000
North Dakota lCavalier Air Force Station 2 Units 443,000
Minot Air Force Base 134 Units 19,097,000
------------
xl xl Total: 72,015,000
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(5)(A), the Secretary
of the Air Force may carry out architectural and engineering services
and construction design activities with respect to the construction or
improvement of military family housing units in an amount not to exceed
$12,760,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$174,046,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2000, for military
construction, land acquisition, and military family housing functions of
the Department of the Air Force in the total amount of $1,943,069,000,
as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $736,355,000.
(2) For military construction projects outside the United States
authorized by section 2301(b), $47,875,000.
(3) For unspecified minor construction projects authorized by
section 2805 of title 10, United States Code, $11,350,000.
(4) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $74,628,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities, $258,821,000.
(B) For support of military family housing (including functions
described in section 2833 of title 10, United States Code),
$826,271,000.
(b) Limitation on Total Cost of Construction
Projects.--Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out under
section 2301 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a); and
(2) $9,400,000 (the balance of the amount authorized under section
2301(a) for the construction of an air freight terminal and base supply
complex at McGuire Air Force Base, New Jersey).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced by
$12,231,000, which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military family
housing construction and military family housing support outside the
United States.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal
year 1990 project.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2403(a)(1), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
Agency Installation or location Amount
lChemical Demilitarization lAberdeen Proving Ground $3,100,000
lDefense Education Activity lCamp Lejeune, North Carolina 5,914,000
xl lLaurel Bay, South Carolina 804,000
lDefense Logistics Agency lDefense Distribution Depot Susquehanna, New Cumberland, Pennsylvania 17,700,000
xl lDefense Fuel Support Point, Cherry Point, North Carolina 5,700,000
xl lDefense Fuel Support Point, MacDill Air Force Base, Florida 16,956,000
xl lDefense Fuel Support Point, McConnell Air Force Base, Kansas 11,000,000
xl lDefense Fuel Support Point, Naval Air Station, Fallon, Nevada 5,000,000
xl lDefense Fuel Support Point, North Island, California 5,900,000
xl lDefense Fuel Support Point, Oceana Naval Air Station, Virginia 2,000,000
xl lDefense Fuel Support Point, Patuxent River, Maryland 8,300,000
xl lDefense Fuel Support Point, Twentynine Palms, California 2,200,000
xl lDefense Supply Center, Richmond, Virginia 4,500,000
lNational Security Agency lFort Meade, Maryland 4,228,000
lSpecial Operations Command lEglin Auxiliary Field 9, Florida 23,204,000
xl lFleet Combat Training Center, Dam Neck, Virginia 5,500,000
xl lFort Bragg, North Carolina 8,600,000
xl lFort Campbell, Kentucky 16,300,000
xl lNaval Air Station, North Island, California 1,350,000
xl lNaval Air Station, Oceana, Virginia 3,400,000
xl lNaval Amphibious Base, Coronado, California 4,300,000
xl lNaval Amphibious Base, Little Creek, Virginia 5,400,000
xl lPearl Harbor, Hawaii 9,900,000
lTRICARE Management Activity lEdwards Air Force Base, California 17,900,000
xl lMarine Corps Base, Camp Pendleton, California 14,150,000
xl lEglin Air Force Base, Florida 37,600,000
xl lFort Drum, New York 1,400,000
xl lPatrick Air Force Base, Florida 2,700,000
xl lTyndall Air Force Base, Florida 7,700,000
xl lWilliam Beaumont Medical Center, Texas 4,200,000
-------------
xl Total: 256,906,000
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
Agency Installation or location Amount
lDefense Education Activity lHanau, Germany $2,030,000
xl lHohenfels, Germany 13,774,000
xl lOsan, Korea 892,000
xl lRoyal Air Force, Feltwell, United Kingdom 1,800,000
xl lRoyal Air Force, Lakenheath, United Kingdom 5,650,000
xl lSchweinfurt, Germany 1,750,000
xl lSeoul, Korea 2,451,000
xl lSigonella, Italy 3,450,000
xl lTaegu, Korea 806,000
xl lWuerzburg, Germany 2,635,000
lDefense Finance and Accounting Service Kleber Kaserne, Germany 7,500,000
lDefense Logistics Agency lDefense Fuel Support Point, Andersen Air Force Base, Guam 36,000,000
xl lDefense Fuel Support Point, Marine Corps Air Station, Iwakuni, Japan 22,400,000
xl lDefense Fuel Support Point, Misawa Air Base, Japan 26,400,000
xl lDefense Fuel Support Point, Royal Air Force, Mildenhall, United Kingdom 10,000,000
xl lDefense Fuel Support Point, Sigonella, Italy 16,300,000
lDefense Threat Reduction Agency lDarmstadt, Germany 2,450,000
lSpecial Operations Command lRoosevelt Roads, Puerto Rico 1,241,000
xl lTaegu, Korea 1,450,000
lTRICARE Management Agency lKitzingen, Germany 1,400,000
xl lWiesbaden Air Base, Germany 7,187,000
-------------
xl Total: 167,566,000
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2403(a)(3), the Secretary
of Defense may acquire real property and carry out military construction
projects for the installations and locations, and in the amounts, set
forth in the following table:
Defense Agencies: Unspecified Worldwide
Location Installation Amount
Unspecified Worldwide lUnspecified Worldwide $451,135,000
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of Defense may carry
out energy conservation projects under section 2865 of title 10, United
States Code, in the amount of $15,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Subject to subsection (c), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2000, for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments), in the total amount of
$1,883,902,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $256,906,000.
(2) For military construction projects outside the United States
authorized by section 2401(b), $167,566,000.
(3) For military construction projects at unspecified worldwide
locations authorized by section 2401(c), $85,095,000.
(4) For unspecified minor construction projects under section 2805
of title 10, United States Code, $17,390,000.
(5) For contingency construction projects of the Secretary of
Defense under section 2804 of title 10, United States Code, $6,000,000.
(6) For architectural and engineering services and construction
design under section 2807 of title 10, United States Code, $77,505,000.
(7) For energy conservation projects authorized by section 2402 of
this Act, $15,000,000.
(8) For base closure and realignment activities as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101 510; 10 U.S.C. 2687 note), $1,024,369,000.
(9) For military family housing functions, for support of military
housing (including functions described in section 2833 of title 10,
United States Code), $44,886,000 of which not more than $38,478,000 may
be obligated or expended for the leasing of military family housing
units worldwide.
(10) For the construction of an ammunition demilitarization
facility, Pine Bluff Arsenal, Arkansas, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103 337; 108 Stat. 3040), as amended by
section 2407 of the Military Construction Authorization Act for Fiscal
Year 1996 (division B of Public Law 104 106; 110 Stat. 539), section
2408 of the Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105 85; 111 Stat. 1982), and section 2406 of
the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105 261; 112 Stat. 2197), $43,600,000.
(11) For the construction of phase 6 of an ammunition
demilitarization facility, Umatilla Army Depot, Oregon, authorized by
section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 1995, as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996, section 2408 of the
Military Construction Authorization Act for Fiscal Year 1998, and
section 2406 of the Military Construction Authorization Act for Fiscal
Year 1999, $9,400,000.
(12) For the construction of phase 2 of an ammunition
demilitarization facility, Pueblo Army Depot, Colorado, authorized by
section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104 201; 110 Stat. 2775), as
amended by section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106 65; 113 Stat. 839),
$10,700,000.
(13) For the construction of phase 3 of an ammunition
demilitarization facility, Newport Army Depot, Indiana, authorized by
section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 1999 (112 Stat. 2193), $54,400,000.
(14) For the construction of phase 3 of an ammunition
demilitarization facility, Aberdeen Proving Ground, Maryland, authorized
by section 2401(a) of the Military Construction Authorization Act for
Fiscal Year 1999, $45,700,000.
(15) For construction of a replacement hospital at Fort Wainwright,
Alaska, authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 836), $44,000,000.
(16) For the construction of the Ammunition Demilitarization Support
Phase 2, Blue Grass Army Depot, Kentucky, authorized by section 2401(a)
of the Military Construction Act for Fiscal Year 2000, $8,500,000.
(b) Limitation on Total Cost of Construction
Projects.--Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost variations
authorized by law, the total cost of all projects carried out under
section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a); and
(2) $366,040,000 (the balance of the amount authorized under section
2401(c) for construction of National Missile Defense Initial Deployment
Facilities, Unspecified Worldwide locations).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (16) of subsection (a) is the sum of
the amounts authorized to be appropriated by such paragraphs, reduced
by--
(1) $7,115,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates for
military construction outside the United States; and
(2) $20,000,000, which represents the combination of project savings
in military construction for chemical demilitarization resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1990 PROJECT.
(a) Modification.--Section 2401(a) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991 (division B of Public
Law 101 189), as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public Law 105
261; 112 Stat. 2197), is amended in the item relating to Portsmouth
Naval Hospital, Virginia, by striking ``$351,354,000'' and inserting
``$359,854,000''.
(b) Conforming Amendment.--Section 2405(b)(2) of the Military
Construction Authorization Act for Fiscal Years 1990 and 1991, as
amended by section 2407 of the Military Construction Authorization Act
for Fiscal Year 1999, is amended by striking ``$342,854,000'' and
inserting ``$351,354,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2000, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment program authorized by
section 2501, in the amount of $172,000,000.
TITLE XXVI--GUARD AND RESERVE FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authority to contribute to construction of airport
tower, Cheyenne Airport, Cheyenne, Wyoming.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2000, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States, $266,531,000;
and
(B) for the Army Reserve, $108,738,000.
(2) For the Department of the Navy, for the Naval and Marine Corps
Reserve, $62,073,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $194,929,000; and
(B) for the Air Force Reserve, $36,591,000.
SEC. 2602. AUTHORITY TO CONTRIBUTE TO CONSTRUCTION OF AIRPORT
TOWER, CHEYENNE AIRPORT, CHEYENNE, WYOMING.
The Secretary of the Air Force may use up to $1,450,000 of the
amounts appropriated pursuant to the authorization of appropriations in
section 2601(3)(A) to make a contribution to the Cheyenne Airport
Authority, consistent with applicable agreements, to the costs of
construction of a new airport tower at Cheyenne Airport, Cheyenne,
Wyoming.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2704. Effective date.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2003; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2004.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have been
obligated before the later of--
(1) October 1, 2003; or
(2) the date of the enactment of an Act authorizing funds for fiscal
year 2004 for military construction projects, land acquisition, family
housing projects and facilities, or contributions to the North Atlantic
Treaty Organization Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1998 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105 85; 111 Stat. 1984), authorizations set forth in the
tables in subsection (b), as provided in section 2102, 2202, or 2302 of
that Act, shall remain in effect until October 1, 2001, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Army: Extension of 1998 Project Authorizations
State Installation or location Project Amount
Maryland Fort Meade lFamily Housing Construction (56 units) $7,900,000
Texas Fort Hood lFamily Housing Construction (130 units) 18,800,000
Navy: Extension of 1998 Project Authorizations
State Installation or location Project Amount
California lNaval Complex, San Diego lReplacement Family Housing Construction (94 units) $13,500,000
California lMarine Corps Air Station, Miramar lFamily Housing Construction (166 units) 28,881,000
California lMarine Corps Air-Ground Combat Center, Twentynine Palms lReplacement Family Housing Construction (132 units) 23,891,000
Louisiana lNaval Complex, New Orleans lReplacement Family Housing Construction (100 units) 11,930,000
Texas lNaval Air Station, Corpus Christi lFamily Housing Construction (212 units) 22,250,000
Washington lNaval Air Station, Whidbey Island lReplacement Family Housing Construction (102 units) 16,000,000
Air Force: Extension of 1998 Project Authorizations
State Installation or location Project Amount
Georgia lRobins Air Force Base lReplace Family Housing (60 units) $6,800,000
Idaho lMountain Home Air Force Base lReplace Family Housing (60 units) 11,032,000
New Mexico lKirtland Air Force Base lReplace Family Housing (180 units) 20,900,000
Texas lDyess Air Force Base lConstruct Family Housing (70 units) 10,503,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1997 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1997 (division B of
Public Law 104 201; 110 Stat. 2782), authorizations set forth in the
tables in subsection (b), as provided in section 2201, 2202, or 2601 of
that Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public Law 106 65;
113 Stat. 842), shall remain in effect until October 1, 2001, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Navy: Extension of 1997 Project Authorizations
State Installation or location Project Amount
Florida lNavy Station, Mayport lFamily Housing Construction (100 units) $10,000,000
North Carolina lMarine Corps Base, Camp Lejuene lFamily Housing Construction (94 units) 10,110,000
South Carolina lMarine Corps Air Station, Beaufort lFamily Housing Construction (140 units) 14,000,000
Texas lNaval Complex, Corpus Christi lFamily Housing Replacement (104 units) 11,675,000
lNaval Air Station, Kingsville lFamily Housing Replacement (48 units) 7,550,000
Virginia lMarine Corps Combat Development Command, Quantico lSanitary landfill 8,900,000
Washington lNaval Station, Everett lFamily Housing Construction (100 units) 15,015,000
Army National Guard: Extension of 1997 Project Authorization
State Installation or location Project Amount
Mississippi Camp Shelby lMultipurpose Range Complex (Phase II) $5,000,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the
later of--
(1) October 1, 2000; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Sec. 2801. Joint use military construction projects.
Sec. 2802. Exclusion of certain costs from determination of
applicability of limitation on use of funds for improvement of family
housing.
Sec. 2803. Revision of space limitations for military family housing.
Sec. 2804. Modification of lease authority for high-cost military
family housing.
Sec. 2805. Provision of utilities and services under alternative
authority for acquisition and improvement of military housing.
Sec. 2806. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2807. Expansion of definition of armory to include readiness
centers.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Sec. 2811. Increase in threshold for notice and wait requirements
for real property transactions.
Sec. 2812. Enhancement of authority of military departments to
lease non-excess property.
Sec. 2813. Conveyance authority regarding utility systems of
military departments.
Sec. 2814. Permanent conveyance authority to improve property
management.
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
Sec. 2821. Scope of agreements to transfer property to
redevelopment authorities without consideration under the base closure
laws.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Charles Melvin Price Support Center,
Illinois.
Sec. 2834. Land conveyance, Fort Riley, Kansas.
Sec. 2835. Land conveyance, Fort Polk, Louisiana.
Sec. 2836. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2837. Land conveyance, Fort Dix, New Jersey.
Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2839. Land exchange, Army Reserve Local Training Center,
Chattanooga, Tennessee.
Sec. 2840. Land exchange, Fort Hood, Texas.
Sec. 2841. Land conveyance, Fort Pickett, Virginia.
Sec. 2842. Land conveyance, Fort Lawton, Washington.
Sec. 2843. Land conveyance, Vancouver Barracks, Washington.
PART II--NAVY CONVEYANCES
Sec. 2846. Modification of land conveyance, Marine Corps Air
Station, El Toro, California.
Sec. 2847. Modification of authority for Oxnard Harbor District,
Port Hueneme, California, to use certain Navy property.
Sec. 2848. Transfer of jurisdiction, Marine Corps Air Station,
Miramar, California.
Sec. 2849. Land exchange, Marine Corps Recruit Depot, San Diego,
California.
Sec. 2850. Lease of property, Naval Air Station, Pensacola, Florida.
Sec. 2851. Land conveyance, Naval Reserve Center, Tampa, Florida.
Sec. 2852. Modification of land conveyance, Defense Fuel Supply
Point, Casco Bay, Maine.
Sec. 2853. Land conveyance, Naval Computer and Telecommunications
Station, Cutler, Maine.
Sec. 2854. Modification of land conveyance authority, former Naval
Training Center, Bainbridge, Cecil County, Maryland.
Sec. 2855. Land conveyance, Marine Corps Base, Camp Lejeune, North
Carolina.
Sec. 2856. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2857. Land conveyance, Naval Station, Bremerton, Washington.
PART III--AIR FORCE CONVEYANCES
Sec. 2861. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado.
Sec. 2864. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2865. Modification of land conveyance, Ellsworth Air Force
Base, South Dakota.
Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington.
PART IV--OTHER CONVEYANCES
Sec. 2871. Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas.
Sec. 2872. Land conveyance, former National Ground Intelligence
Center, Charlottesville, Virginia.
SUBTITLE E--OTHER MATTERS
Sec. 2881. Relation of easement authority to leased parkland,
Marine Corps Base, Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of
fire, security, police, public works, and utility services from local
government agencies.
Sec. 2883. Acceptance and use of gifts for construction of third
building at United States Air Force Museum, Wright-Patterson Air Force
Base, Ohio.
Sec. 2884. Development of Marine Corps Heritage Center at Marine
Corps Base, Quantico, Virginia.
Sec. 2885. Activities relating to greenbelt at Fallon Naval Air
Station, Nevada.
Sec. 2886. Establishment of World War II memorial on Guam.
Sec. 2887. Naming of Army missile testing range at Kwajalein Atoll
as the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein
Atoll.
Sec. 2888. Designation of building at Fort Belvoir, Virginia, in
honor of Andrew T. McNamara.
Sec. 2889. Designation of Balboa Naval Hospital, San Diego,
California, in honor of Bob Wilson, a former member of the House of
Representatives.
Sec. 2890. Sense of Congress regarding importance of expansion of
National Training Center, Fort Irwin, California.
Sec. 2891. Sense of Congress regarding land transfers at Melrose
Range, New Mexico, and Yakima Training Center, Washington.
Subtitle A--Military Construction Program and Military Family
Housing Changes
SEC. 2801. JOINT USE MILITARY CONSTRUCTION PROJECTS.
(a) Sense of Congress on Joint Use Projects.--It is the sense of
Congress that when the Secretary of Defense assists the President in
preparing the budget for the Department of Defense for a fiscal year for
submission to Congress under section 1105 of title 31, United States
Code, the Secretary of Defense should--
(1) seek to identify military construction projects that are
suitable as joint use military construction projects;
(2) specify in the budget for the fiscal year the military
construction projects that are identified under paragraph (1); and
(3) give priority in the budget for the fiscal year to the military
construction projects specified under paragraph (2).
(b) Annual Evaluation of Joint Use Projects.--(1) Subchapter I of
chapter 169 of title 10, United States Code, is amended by adding at the
end the following new section:
``2815. Joint use military construction projects: annual evaluation
``(a) Joint Use Military Construction Project Defined.--In this
section, the term `joint use military construction project' means a
military construction project for a facility intended to be used by--
``(1) both the active and a reserve component of a single armed
force; or
``(2) two or more components (whether active or reserve components)
of the armed forces.
``(b) Annual Evaluation.--In the case of the budget submitted under
section 1105 of title 31 for fiscal year 2003 and each fiscal year
thereafter, the Secretary of Defense shall include in the budget
justification materials submitted to Congress in support of the budget a
certification by each Secretary concerned that, in evaluating military
construction projects for inclusion in the budget for that fiscal year,
the Secretary concerned evaluated the feasibility of carrying out the
projects as joint use military construction projects.''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``2815. Joint use military construction projects: annual evaluation.''.
SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETERMINATION OF
APPLICABILITY OF LIMITATION ON USE OF FUNDS FOR IMPROVEMENT OF FAMILY
HOUSING.
Section 2825(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new paragraph (3):
``(3) In determining the applicability of the limitation contained in
paragraph (1), the Secretary concerned shall not include as part of the
cost of the improvement of the unit or units concerned the following:
``(A) The cost of the installation of communications, security, or
antiterrorism equipment required by an occupant of the unit or units to
perform duties assigned to the occupant as a member of the armed forces.
``(B) The cost of the maintenance or repair of equipment described
in subparagraph (A) installed for the purpose specified in such
subparagraph.''.
SEC. 2803. REVISION OF SPACE LIMITATIONS FOR MILITARY FAMILY HOUSING.
(a) In General.--(1) Section 2826 of title 10, United States Code, is
amended to read as follows:
``2826. Military family housing: local comparability of room
patterns and floor areas
``(a) Local Comparability.--In the construction, acquisition, and
improvement of military family housing, the Secretary concerned shall
ensure that the room patterns and floor areas of military family housing
in a particular locality (as designated by the Secretary concerned for
purposes of this section) are similar to room patterns and floor areas
of similar housing in the private sector in that locality.
``(b) Requests for Authority for Military Family Housing.--(1) In
submitting to Congress a request for authority to carry out the
construction, acquisition, or improvement of military family housing,
the Secretary concerned shall include in the request information on the
net floor area of each unit of military family housing to be
constructed, acquired, or improved under the authority.
``(2) In this subsection, the term `net floor area', in the case of a
military family housing unit, means the total number of square feet of
the floor space inside the exterior walls of the unit, excluding the
floor area of an unfinished basement, an unfinished attic, a utility
space, a garage, a carport, an open or insect-screened porch, a
stairwell, and any space used for a solar-energy system.''.
(2) The table of sections at the beginning of subchapter II of
chapter 169 of that title is amended by striking the item relating to
section 2826 and inserting the following new item:
``2826. Military family housing: local comparability of room
patterns and floor areas.''.
(b) Effective Date.--(1) The amendments made by subsection (a) shall
take effect on October 1, 2001, but the Secretary of Defense shall
anticipate the requirements of section 2826 of title 10, United States
Code, as added by such subsection, when preparing the budget request for
new construction, acquisition, or improvement of military family housing
for fiscal year 2002.
(2) Section 2826 of title 10, United States Code, as in effect on
September 30, 2001, shall continue to apply with respect to the
construction, acquisition, or improvement of military family housing
commenced on or before that date.
SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-COST
MILITARY FAMILY HOUSING.
(a) Leases for United States Southern Command.--Paragraph (4) of
section 2828(b) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking the second sentence; and
(3) by adding at the end the following new subparagraphs:
``(B) The amount of all leases under this paragraph may not exceed
$280,000 per year, as adjusted from time to time under paragraph (6).
``(C) The term of any lease under this paragraph may not exceed 5
years.''.
(b) Annual Adjustment of Maximum Lease Amounts.--Such section is
further amended by striking paragraph (5) and inserting the following
new paragraphs:
``(5) At the beginning of each fiscal year, the Secretary concerned
shall adjust the maximum lease amount provided for leases under
paragraphs (2) and (3) for the previous fiscal year by the percentage
(if any) by which the national average monthly cost of housing (as
calculated for purposes of determining rates of basic allowance for
housing under section 403 of title 37) for the preceding fiscal year
exceeds the national average monthly cost of housing (as so calculated)
for the fiscal year before such preceding fiscal year.
``(6) At the beginning of each fiscal year, the Secretary of the Army
shall adjust the maximum aggregate amount for leases under paragraph (4)
for the previous fiscal year by the percentage (if any) by which the
annual average cost of housing for the Miami Military Housing Area (as
calculated for purposes of determining rates of basic allowance for
housing under section 403 of title 37) for the preceding fiscal year
exceeds the annual average cost of housing for the Miami Military
Housing Area (as so calculated) for the fiscal year before such
preceding fiscal year.''.
(c) Conforming Amendments.--Such section is further amended--
(1) in paragraph (2), by inserting after ``per year'' the following:
``, as adjusted from time to under paragraph (5)''; and
(2) in paragraph (3), by striking ``$12,000 per unit per year but
does not exceed $14,000 per unit per year'' and inserting ``the maximum
amount per unit per year in effect under paragraph (2) but does not
exceed $14,000 per unit per year, as adjusted from time to time under
paragraph (5)''.
SEC. 2805. PROVISION OF UTILITIES AND SERVICES UNDER
ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Authority To Furnish on Reimbursable Basis.--Subchapter IV of
chapter 169 of title 10, United States Code, is amended by inserting
after section 2872 the following new section:
``2872a. Utilities and services
``(a) Authority To Furnish.--The Secretary concerned may furnish
utilities and services referred to in subsection (b) in connection with
any military housing acquired or constructed pursuant to the exercise of
any authority or combination of authorities under this subchapter if the
military housing is located on a military installation.
``(b) Covered Utilities and Services.--The utilities and services
that may be furnished under subsection (a) are the following:
``(1) Electric power.
``(2) Steam.
``(3) Compressed air.
``(4) Water.
``(5) Sewage and garbage disposal.
``(6) Natural gas.
``(7) Pest control.
``(8) Snow and ice removal.
``(9) Mechanical refrigeration.
``(10) Telecommunications service.
``(c) Reimbursement.--(1) The Secretary concerned shall be reimbursed
for any utilities or services furnished under subsection (a).
``(2) The amount of any cash payment received under paragraph (1)
shall be credited to the appropriation or working capital account from
which the cost of furnishing the utilities or services concerned was
paid. Amounts so credited to an appropriation or account shall be merged
with funds in such appropriation or account, and shall be available to
the same extent, and subject to the same terms and conditions, as such
funds.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2872 the following new item:
``2872a. Utilities and services.''.
SEC. 2806. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.
Section 2885 of title 10, United States Code, is amended by striking
``February 10, 2001'' and inserting ``December 31, 2004''.
SEC. 2807. EXPANSION OF DEFINITION OF ARMORY TO INCLUDE
READINESS CENTERS.
(a) Definition.--Section 18232(3) of title 10, United States Code, is
amended--
(1) in the first sentence, by striking ``The term `armory' means''
and inserting ``The terms `armory' and `readiness center' mean''; and
(2) in the second sentence, by striking ``It includes'' and
inserting ``Such terms include''.
(b) Conforming Amendments.--(1) Section 18232(2) of such title is
amended by striking ``armory or other structure'' and inserting
``armory, readiness center, or other structure''.
(2) Section 18236(b) of such title by inserting ``or readiness
center'' after ``armory''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. INCREASE IN THRESHOLD FOR NOTICE AND WAIT
REQUIREMENTS FOR REAL PROPERTY TRANSACTIONS.
(a) Increased Threshold.--Section 2662 of title 10, United States
Code, is amended by striking ``$200,000'' each place it appears and
inserting ``$500,000''.
(b) Reference to Simplified Acquisition Threshold.--Subsection (b) of
such section is amended by striking ``under section 2304(g) of this
title'' and inserting ``specified in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(11)),''.
SEC. 2812. ENHANCEMENT OF AUTHORITY OF MILITARY DEPARTMENTS TO
LEASE NON-EXCESS PROPERTY.
(a) Property Available for Lease.--Subsection (a) of section 2667 of
title 10, United States Code, is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Acceptance of In-Kind Consideration.--Such section is further
amended--
(1) in subsection (b)(5)--
(A) by striking ``improvement, maintenance, protection, repair, or
restoration,'' and inserting ``alteration, repair, or improvement,'';
and
(B) by striking ``, or of the entire unit or installation where a
substantial part of it is leased,'';
(2) by transferring subsection (c) to the end of the section and
redesignating such subsection, as so transferred, as subsection (i);
(3) by inserting after subsection (b) the following new subsection
(c):
``(c)(1) In addition to any in-kind consideration accepted under
subsection (b)(5), in-kind consideration accepted with respect to a
lease under this section may include the following:
``(A) Maintenance, protection, alteration, repair, improvement, or
restoration (including environmental restoration) of property or
facilities under the control of the Secretary concerned.
``(B) Construction of new facilities for the Secretary concerned.
``(C) Provision of facilities for use by the Secretary concerned.
``(D) Facilities operation support for the Secretary concerned.
``(E) Provision of such other services relating to activities that
will occur on the leased property as the Secretary concerned considers
appropriate.
``(2) In-kind consideration under paragraph (1) may be accepted at
any property or facilities under the control of the Secretary concerned
that are selected for that purpose by the Secretary concerned.
``(3) Sections 2662 and 2802 of this title shall not apply to any new
facilities whose construction is accepted as in-kind consideration under
this subsection.
``(4) In the case of a lease for which all or part of the
consideration proposed to be accepted by the Secretary concerned under
this subsection is in-kind consideration with a value in excess of
$500,000, the Secretary concerned may not enter into the lease until 30
days after the date on which a report on the facts of the lease is
submitted to the congressional defense committees.''; and
(4) in subsection (f)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(c) Use of Proceeds.--Subsection (d)(1) of such section is amended to
read as follows:
``(d)(1)(A) The Secretary of a military department shall deposit in a
special account in the Treasury established for such military department
the following:
``(i) All money rentals received pursuant to leases entered into by
that Secretary under this section.
``(ii) All proceeds received pursuant to the granting of easements
by that Secretary under sections 2668 and 2669 of this title.
``(iii) All proceeds received by that Secretary from authorizing the
temporary use of other property under the control of that military
department.
``(B) Subparagraph (A) does not apply to the following proceeds:
``(i) Amounts paid for utilities and services furnished lessees by
the Secretary of a military department pursuant to leases entered into
under this section.
``(ii) Money rentals referred to in paragraph (4) or (5).
``(C) Subject to subparagraphs (D) and (E), the proceeds deposited in
the special account of a military department pursuant to subparagraph
(A) shall be available to the Secretary of that military department, in
such amounts as provided in appropriation Acts, for the following:
``(i) Maintenance, protection, alteration, repair, improvement, or
restoration (including environmental restoration) of property or
facilities.
``(ii) Construction or acquisition of new facilities.
``(iii) Lease of facilities.
``(iv) Facilities operation support.
``(D) At least 50 percent of the proceeds deposited in the special
account of a military department under subparagraph (A) shall be
available for activities described in subparagraph (C) only at the
military installation where the proceeds were derived.
``(E) The Secretary concerned may not expend under subparagraph (C)
an amount in excess of $500,000 at a single installation until 30 days
after the date on which a report on the facts of the proposed
expenditure is submitted to the congressional defense committees.''.
(d) Congressional Notification.--Subsection (d)(3) of such section is
amended--
(1) in the matter preceding subparagraph (A), by striking ``As
part'' and all that follows through ``Secretary of Defense'' and
inserting ``Not later than March 15 each year, the Secretary of Defense
shall submit to the congressional defense committees a report which'';
and
(2) in subparagraph (A), by striking ``request'' and inserting
``report''.
(e) Definitions.--Subsection (h) of such section is amended to read
as follows:
``(h) In this section:
``(1) The term `congressional defense committees' means:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(2) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) The Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101 510; 10 U.S.C. 2687 note).
``(C) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100 526; 10 U.S.C. 2687 note).
``(3) The term `military installation' has the meaning given such
term in section 2687(e)(1) of this title.''.
(f) Conforming Amendments.--(1) Section 2668 of such title is amended
by adding at the end the following new subsection:
``(e) Subsection (d) of section 2667 of this title shall apply with
respect to proceeds received by the Secretary of a military department
in connection with an easement granted under this section in the same
manner as such subsection applies to money rentals received pursuant to
leases entered into by that Secretary under such section.''.
(2) Section 2669 of such title is amended by adding at the end the
following new subsection:
``(e) Subsection (d) of section 2667 of this title shall apply with
respect to proceeds received by the Secretary of a military department
in connection with an easement granted under this section in the same
manner as such subsection applies to money rentals received pursuant to
leases entered into by that Secretary under such section.''.
SEC. 2813. CONVEYANCE AUTHORITY REGARDING UTILITY SYSTEMS OF
MILITARY DEPARTMENTS.
(a) Selection of Conveyee.--Subsection (b) of section 2688 of title
10, United States Code, is amended--
(1) by inserting ``(1)'' before ``If more than one''; and
(2) by adding at the end the following new paragraphs:
``(2) Notwithstanding paragraph (1), the Secretary concerned may use
procedures other than competitive procedures, but only in accordance
with subsections (c) through (f) of section 2304 of this title, to
select the conveyee of a utility system (or part of a utility system)
under subsection (a).
``(3) With respect to the solicitation process used in connection
with the conveyance of a utility system (or part of a utility system)
under subsection (a), the Secretary concerned shall ensure that the
process is conducted in a manner consistent with the laws and
regulations of the State in which the utility system is located to the
extent necessary to ensure that all interested regulated and unregulated
utility companies and other interested entities receive an opportunity
to acquire and operate the utility system to be conveyed.''.
(b) Applicability of Regulatory Requirements.--Subsection (f) of such
section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned shall require in any contract for the
conveyance of a utility system (or part of a utility system) under
subsection (a) that the conveyee manage and operate the utility system
in a manner consistent with applicable Federal and State regulations
pertaining to health, safety, fire, and environmental requirements.''.
SEC. 2814. PERMANENT CONVEYANCE AUTHORITY TO IMPROVE PROPERTY
MANAGEMENT.
Section 203(p)(1) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 484(p)(1)) is amended by striking subparagraph
(B) and inserting the following new subparagraph:
``(B) The Administrator may exercise the authority under subparagraph
(A) with respect to such surplus real and related property needed by the
transferee or grantee for--
``(i) law enforcement purposes, as determined by the Attorney
General; or
``(ii) emergency management response purposes, including fire and
rescue services, as determined by the Director of the Federal Emergency
Management Agency.''.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. SCOPE OF AGREEMENTS TO TRANSFER PROPERTY TO
REDEVELOPMENT AUTHORITIES WITHOUT CONSIDERATION UNDER THE BASE CLOSURE
LAWS.
(a) 1990 Law.--Section 2905(b)(4)(B)(i) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law 101 510;
10 U.S.C. 2687 note) is amended by striking ``the transfer'' and
inserting ``the initial transfer of property''.
(b) 1988 Law.--Section 204(b)(4)(B)(i) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100 526; 10
U.S.C. 2687 note) is amended by striking ``the transfer'' and inserting
``the initial transfer of property''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. TRANSFER OF JURISDICTION, ROCK ISLAND ARSENAL, ILLINOIS.
(a) Transfer Authorized.--The Secretary of the Army may transfer,
without reimbursement, to the administrative jurisdiction of the
Secretary of Veterans Affairs a parcel of real property, including any
improvements thereon, consisting of approximately 23 acres and
comprising a portion of the Rock Island Arsenal, Illinois.
(b) Use of Land.--The Secretary of Veterans Affairs shall include the
real property transferred under subsection (a) in the Rock Island
National Cemetery and use the transferred property as a national
cemetery under chapter 24 of title 38, United States Code.
(c) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by a survey satisfactory to the Secretary of the Army. The
cost of the survey shall be borne by the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer under this section as the Secretary of the Army considers
appropriate to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, GALESBURG, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Knox County, Illinois (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, in Galesburg, Illinois, consisting of
approximately 4.65 acres and containing an Army Reserve Center for the
purpose of permitting the County to use the parcel for municipal office
space.
(b) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the County.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2833. LAND CONVEYANCE, CHARLES MELVIN PRICE SUPPORT
CENTER, ILLINOIS.
(a) Conveyance Authorized.--(1) The Secretary of the Army may convey
to the Tri-City Regional Port District of Granite City, Illinois (in
this section referred to as the ``Port District''), all right, title,
and interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately 752
acres and known as the Charles Melvin Price Support Center, for the
purpose of permitting the Port District to use the parcel for
development of a port facility and for other public purposes.
(2) The property to be conveyed under paragraph (1) shall include 158
units of military family housing at the Charles Melvin Price Support
Center for the purpose of permitting the Port District to use the
housing to provide affordable housing, but only if the Port District
agrees to provide members of the Armed Forces first priority in leasing
the housing at a rental rate not to exceed the member's basic allowance
for housing.
(3) The Secretary of the Army may include as part of the conveyance
under paragraph (1) personal property of the Army at the Charles Melvin
Price Support Center that the Secretary of Transportation recommends is
appropriate for the development or operation of the port facility and
the Secretary of the Army agrees is excess to the needs of the Army.
(b) Interim Lease.--Until such time as the real property described in
subsection (a) is conveyed by deed, the Secretary of the Army may lease
the property to the Port District.
(c) Consideration.--(1) The conveyance under subsection (a) shall be
made without consideration as a public benefit conveyance for port
development if the Secretary of the Army determines that the Port
District satisfies the criteria specified in section 203(q) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(q)) and regulations prescribed to implement such section. If the
Secretary determines that the Port District fails to qualify for a
public benefit conveyance, but still desires to acquire the property,
the Port District shall pay to the United States an amount equal to the
fair market value of the property to be conveyed. The fair market value
of the property shall be determined by the Secretary of the Army.
(2) The Secretary of the Army may accept as consideration for a lease
of the property under subsection (b) an amount that is less than fair
market value if the Secretary determines that the public interest will
be served as a result of the lease.
(d) Army Reserve Activities.--(1) Notwithstanding the total acreage
of the parcel authorized for conveyance under subsection (a), the
Secretary of the Army may retain up to 50 acres of the parcel for use by
the Army Reserve. The acreage selected for retention shall be mutually
agreeable to the Secretary and the Port District.
(2) At such time as the Secretary of the Army determines that the
property retained under this subsection is no longer needed for Army
Reserve activities, the Secretary shall convey the property to the Port
District. The consideration for the conveyance shall be determined in
the manner provided in subsection (c).
(e) Federal Lease of Facilities.--(1) As a condition for the
conveyance under subsection (a), the Secretary of the Army may require
that the Port District lease to the Department of Defense or any other
Federal agency facilities for use by the agency on the property being
conveyed. Any lease under this subsection shall be made under terms and
conditions satisfactory to the Secretary and the Port District.
(2) The agency leasing a facility under this subsection shall provide
for the maintenance of the facility or pay the Port District to maintain
the facility. Maintenance of the leased facilities performed by the Port
District shall be to the reasonable satisfaction of the United States,
or as required by all applicable Federal, State, and local laws and
ordinances.
(3) At the end of a lease under this subsection, the facility covered
by the lease shall revert to the Port District.
(f) Flood Control Easement.--The Port District shall grant to the
Secretary of the Army an easement on the property conveyed under
subsection (a) for the purpose of permitting the Secretary to implement
and maintain flood control projects. The Secretary of the Army, acting
through the Corps of Engineers, shall be responsible for the maintenance
of any flood control project built on the property pursuant to the
easement.
(g) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary of the Army and the Port
District. The cost of such survey shall be borne by the Port District.
(h) Additional Terms.--The Secretary of the Army may require such
additional terms and conditions in connection with the conveyance as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2834. LAND CONVEYANCE, FORT RILEY, KANSAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Kansas (in this section referred
to as the ``State''), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 70 acres at Fort Riley Military
Reservation, Fort Riley, Kansas. The preferred site is adjacent to the
Fort Riley Military Reservation boundary, along the north side of
Huebner Road across from the First Territorial Capitol of Kansas
Historical Site Museum.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the conditions that--
(1) the State use the property conveyed solely for purposes of
establishing and maintaining a State-operated veterans cemetery; and
(2) all costs associated with the conveyance, including the cost of
relocating water and electric utilities should the Secretary determine
that such relocations are necessary, be borne by the State.
(c) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary and the Director of
the Kansas Commission on Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
required by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2835. LAND CONVEYANCE, FORT POLK, LOUISIANA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Louisiana (in this section
referred to as the ``State''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 200 acres at Fort
Polk, Louisiana, for the purpose of permitting the State to establish a
State-run cemetery for veterans.
(b) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the State.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2836. LAND CONVEYANCE, ARMY RESERVE CENTER, WINONA, MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Winona State University Foundation of
Winona, Minnesota (in this section referred to as the ``Foundation''),
all right, title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, in Winona,
Minnesota, containing an Army Reserve Center for the purpose of
permitting the Foundation to use the parcel for educational purposes.
(b) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Foundation.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2837. LAND CONVEYANCE, FORT DIX, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to Pemberton Township, New Jersey (in this
section referred to as the ``Township''), all right, title, and interest
of the United States in and to a parcel of real property at Fort Dix,
New Jersey, consisting of approximately 2 acres and containing a parking
lot inadvertently constructed on the parcel by the Township.
(b) Conditions of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the conditions that--
(1) the Township accept the property as is; and
(2) the Township assume responsibility for any environmental
restoration or remediation required with respect to the property under
applicable law.
(c) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Township.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2838. LAND CONVEYANCE, NIKE SITE 43, ELRAMA, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Board of Supervisors of Union Township,
Pennsylvania (in this section referred to as the ``Township''), all
right, title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, in Elrama,
Pennsylvania, consisting of approximately 160 acres, which is known as
Nike Site 43 and was more recently used by the Pennsylvania Army
National Guard, for the purpose of permitting the Township to use the
parcel for municipal storage and other public purposes.
(b) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Township.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2839. LAND CONVEYANCE, ARMY RESERVE LOCAL TRAINING
CENTER, CHATTANOOGA, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Medal of Honor Museum, Inc., a nonprofit
corporation organized in the State of Tennessee (in this section
referred to as the ``Corporation''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 15 acres at the Army
Reserve Local Training Center located on Bonny Oaks Drive, Chattanooga,
Tennessee, for the purpose of permitting the Corporation to develop and
use the parcel as a museum and for other educational purposes.
(b) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Corporation.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2840. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) Exchange Authorized.--The Secretary of the Army may convey to the
City of Copperas Cove, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 100 acres at Fort Hood, Texas, in exchange
for the City's conveyance to the Secretary of all right, title, and
interest of the City in and to one or more parcels of real property that
are acceptable to the Secretary and consist of a total of approximately
300 acres.
(b) Description of Property.--The exact acreage and legal description
of the parcels of real property to be exchanged under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of the surveys shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the exchange under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2841. LAND CONVEYANCE, FORT PICKETT, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Commonwealth of Virginia (in this section
referred to as the ``Commonwealth''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 700 acres at Fort
Pickett, Virginia, for the purpose of permitting the Commonwealth to
develop and operate a public safety training facility.
(b) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Commonwealth.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2842. LAND CONVEYANCE, FORT LAWTON, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Seattle, Washington (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to the real property at Fort Lawton,
Washington, consisting of Area 500 and Government Way from 36th Avenue
to Area 500, for purposes of the inclusion of the property in Discovery
Park, Seattle, Washington.
(b) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the survey shall
be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2843. LAND CONVEYANCE, VANCOUVER BARRACKS, WASHINGTON.
(a) Conveyance of West Barracks Authorized.--The Secretary of the
Army may convey, without consideration, to the City of Vancouver,
Washington (in this section referred to as the ``City''), all right,
title, and interest of the United States in and to a parcel of real
property, including any improvements thereon, encompassing 19 structures
at Vancouver Barracks, Washington, which are identified by the Army
using numbers between 602 and 676, and are known as the west barracks.
(b) Purpose.--The purpose of the conveyance authorized by subsection
(a) shall be to include the property described in that subsection in the
Vancouver National Historic Reserve, Washington.
(c) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the City.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
PART II--NAVY CONVEYANCES
SEC. 2846. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR
STATION, EL TORO, CALIFORNIA.
(a) Use of Consideration.--Subsection (a)(2) of section 2811 of the
Military Construction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101 189; 103 Stat. 1650) is amended by
striking ``of additional military family housing units at Marine Corps
Air Station, Tustin, California.'' and inserting ``and repair of roads
and development of Aerial Port of Embarkation facilities at Marine Corps
Air Station, Miramar, California.''.
(b) Conforming Amendment.--The section heading of such section is
amended by striking ``, AND CONSTRUCTION OF FAMILY HOUSING AT MARINE
CORPS AIR STATION, TUSTIN, CALIFORNIA''.
SEC. 2847. MODIFICATION OF AUTHORITY FOR OXNARD HARBOR
DISTRICT, PORT HUENEME, CALIFORNIA, TO USE CERTAIN NAVY PROPERTY.
(a) Additional Restrictions on Joint Use.--Subsection (c) of section
2843 of the Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103 337; 108 Stat. 3067) is amended to read as
follows:
``(c) Restrictions on Use.--The District's use of the property
covered by an agreement under subsection (a) is subject to the following
conditions:
``(1) The District shall suspend operations under the agreement upon
notification by the commanding officer of the Center that the property
is needed to support mission essential naval vessel support requirements
or Navy contingency operations, including combat missions, natural
disasters, and humanitarian missions.
``(2) The District shall use the property covered by the agreement
in a manner consistent with Navy operations at the Center, including
cooperating with the Navy for the purpose of assisting the Navy to meet
its through-put requirements at the Center for the expeditious movement
of military cargo.
``(3) The commanding officer of the Center may require the District
to remove any of its personal property at the Center that the commanding
officer determines may interfere with military operations at the Center.
If the District cannot expeditiously remove the property, the commanding
officer may provide for the removal of the property at District
expense.''.
(b) Consideration.--Subsection (d) of such section is amended to read
as follows:
``(d) Consideration.--(1) As consideration for the use of the
property covered by an agreement under subsection (a), the District
shall pay to the Navy an amount that is mutually agreeable to the
parties to the agreement, taking into account the nature and extent of
the District's use of the property.
``(2) The Secretary may accept in-kind consideration under paragraph
(1), including consideration in the form of--
``(A) the District's maintenance, preservation, improvement,
protection, repair, or restoration of all or any portion of the property
covered by the agreement;
``(B) the construction of new facilities, the modification of
existing facilities, or the replacement of facilities vacated by the
Navy on account of the agreement; and
``(C) covering the cost of relocation of the operations of the Navy
from the vacated facilities to the replacement facilities.
``(3) All cash consideration received under paragraph (1) shall be
deposited in the special account in the Treasury established for the
Navy under section 2667(d) of title 10, United States Code. The amounts
deposited in the special account pursuant to this paragraph shall be
available, as provided in appropriation Acts, for general supervision,
administration, overhead expenses, and Center operations and for the
maintenance preservation, improvement, protection, repair, or
restoration of property at the Center.''.
(c) Conforming Amendments.--Such section is further amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections (f) and
(g), respectively.
SEC. 2848. TRANSFER OF JURISDICTION, MARINE CORPS AIR STATION,
MIRAMAR, CALIFORNIA.
(a) Transfer Authorized.--The Secretary of the Navy may transfer,
without reimbursement, to the administrative jurisdiction of the
Secretary of the Interior a parcel of real property, including any
improvements thereon, consisting of approximately 250 acres and known as
the Teacup Parcel, which comprises a portion of the Marine Corps Air
Station, Miramar, California.
(b) Use of Land.--The Secretary of the Interior shall include the
real property transferred under subsection (a) in the Vernal Pool Unit
of the San Diego National Wildlife Refuge and administer the property
for the conservation of fish and wildlife. All current and future
military aviation and related activities at the Marine Corps Air
Station, Miramar, are deemed to be compatible with the refuge purposes
for which the property is transferred, and with any secondary uses that
may be established on the transferred property.
(c) Condition on Transfer.--The transfer authorized under subsection
(a) shall be subject to the condition that the Secretary of the Interior
make the transferred property available to the Secretary of the Navy for
any habitat restoration or preservation project that may be required for
mitigation of military activities occurring at the Marine Corps Air
Station, Miramar, unless the Secretary of the Interior determines that
the project will adversely affect the property's sensitive wildlife and
habitat resource values.
(d) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by a survey satisfactory to the Secretary of the Navy. The
cost of the survey shall be borne by the Secretary of the Interior.
(e) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with the
transfer under this section as the Secretary of the Navy considers
appropriate to protect the interests of the United States.
SEC. 2849. LAND EXCHANGE, MARINE CORPS RECRUIT DEPOT, SAN
DIEGO, CALIFORNIA.
(a) Exchange Authorized.--The Secretary of the Navy may convey to the
San Diego Unified Port District of San Diego, California (in this
section referred to as the ``Port District''), all right, title, and
interest of the United States in and to three parcels of real property,
including any improvements thereon, consisting of approximately 44.5
acres and comprising a portion of the Marine Corps Recruit Depot, San
Diego, California, in exchange for the Port District's--
(1) conveyance to the Secretary of all right, title, and interest of
Port District in and to a parcel of real property that is acceptable to
the Secretary and contiguous to the Marine Corps Recruit Depot; and
(2) construction of suitable replacement facilities and necessary
supporting structures on the parcel or other property comprising the
Marine Corps Recruit Depot, as determined necessary by the Secretary.
(b) Time for Conveyance.--The Secretary may not make the conveyance
to the Port District authorized by subsection (a) until the Secretary
determines that the replacement facilities have been constructed and are
ready for occupancy.
(c) Administrative Expenses.--The Port District shall reimburse the
Secretary for administrative expenses incurred by the Secretary in
carrying out the exchange under subsection (a), including expenses
related to the planning, design, survey, environmental compliance, and
supervision and inspection of construction of the replacement
facilities. Section 2695(c) of title 10, United States Code, shall apply
to the amounts received by the Secretary.
(d) Construction Schedule.--The Port District shall construct the
replacement facilitates pursuant to such schedule and in such a manner
so as to not interrupt or adversely affect the capability of the Marine
Corps Recruit Depot to accomplish its mission.
(e) Description of Property.--The exact acreage and legal description
of the parcels of real property to be exchanged under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of the surveys shall be borne by the Port District.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the exchange under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2850. LEASE OF PROPERTY, NAVAL AIR STATION, PENSACOLA, FLORIDA.
(a) Authority To Lease.--The Secretary of the Navy may lease, without
consideration, to the Naval Aviation Museum Foundation (in this section
referred to as the ``Foundation'') real property improvements
constructed by the Foundation at the National Museum of Naval Aviation
at Naval Air Station, Pensacola, Florida, for the purpose of permitting
the Foundation to operate a National Flight Academy to encourage and
assist American young people to develop an interest in naval aviation
and to preserve and enhance the image and heritage of naval aviation.
(b) Construction.--The Foundation shall be solely responsible for the
design and construction of the real property improvements referred to in
subsection (a). Upon completion, the improvements shall be donated to
and become the property of the United States, subject to the terms of
the lease under subsection (a).
(c) Term of Lease.--(1) The lease authorized by subsection (a) may be
for a term of up to 50 years, with an option to renew for an additional
50 years.
(2) In the event that the National Flight Academy ceases operation
for a period in excess of 1 year during the leasehold period, or any
extension thereof, the lease shall immediately terminate without cost or
future liability to the United States.
(d) Use by Navy.--The Secretary may use all or a portion of the
leased property when the National Flight Academy is not in session or
whenever the use of the property would not conflict with operation of
the Academy. The Foundation shall permit such use at no cost to the
Navy.
(e) Maintenance and Repair.--The Foundation shall be solely
responsible during the leasehold period, and any extension thereof, for
the operation, maintenance, and repair or replacement of the real
property improvements authorized for lease under this section.
(f) Assistance.--(1) Subject to subsection (e), the Secretary may
assist the Foundation in implementing the National Flight Academy by
furnishing facilities, utilities, maintenance, and other services within
the boundaries of Naval Air Station, Pensacola. The Secretary may
require the Foundation to reimburse the Secretary for the facilities,
utilities, maintenance, or other services so provided or may provide the
facilities, utilities, maintenance, or other services without
reimbursement by the Foundation.
(2) Any assistance provided the Foundation pursuant to paragraph (1)
may be terminated by the Secretary without notice, cause, or liability
to the United States.
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the lease under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2851. LAND CONVEYANCE, NAVAL RESERVE CENTER, TAMPA, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the Tampa Port Authority of Tampa, Florida (in this section referred to
as the ``Port Authority''), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 2.18 acres and comprising the Naval
Reserve Center, Tampa, Florida, for the purpose of permitting the Port
Authority to use the parcel to facilitate the expansion of the Port of
Tampa.
(b) Conditions of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the following conditions:
(1) The Port Authority will accept the Naval Reserve Center as is.
(2) The Port Authority will provide a replacement facility for the
Naval Reserve Center on a site of comparable size and consisting of
comparable improvements on port property or other public land acceptable
to the Secretary. In the event that a federally owned site acceptable to
the Secretary is not available for the construction of the replacement
facility, the Port Authority will provide a site for the replacement
facility acceptable to the Secretary and convey it in fee title to the
United States.
(3) The Port Authority will procure all necessary funding and the
planning and design necessary to construct a replacement facility that
is fully operational and satisfies the Base Facilities Requirements
plan, as provided by the Naval Reserve.
(4) The Port Authority will bear all reasonable costs that the Navy
may incur in the relocating to the replacement facility.
(c) Time for Conveyance.--The Secretary may not make the conveyance
authorized under subsection (a) until all of the conditions specified in
subsection (b) have been met to the satisfaction of the Secretary.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Port Authority.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DEFENSE FUEL
SUPPLY POINT, CASCO BAY, MAINE.
Section 2839 of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103 337; 108 Stat. 3065) is
amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively; and
(2) by inserting after subsection (b) the following new subsection:
``(c) Replacement of Removed Electric Utility Service.--(1) The
Secretary of Defense shall replace the electric utility service removed
during the course of environmental remediation carried out with respect
to the property to be conveyed under subsection (a), including the
procurement and installation of electrical cables, switch cabinets, and
transformers associated with the service.
``(2) As part of the replacement of the electric utility service
under paragraph (1), the Secretary of Defense may, at the request of the
Town, improve the electric utility service and install
telecommunications service. The Secretary shall determine, in
consultation with the Town, the additional costs that would be
associated with the improvement of the electric utility service and the
installation of telecommunications service under this paragraph, and the
Town shall be responsible for the payment of such costs.''.
SEC. 2853. LAND CONVEYANCE, NAVAL COMPUTER AND
TELECOMMUNICATIONS STATION, CUTLER, MAINE.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the State of Maine, any political subdivision
of the State of Maine, or any tax-supported agency in the State of
Maine, all right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon, consisting
of approximately 263 acres located in Washington County, Maine, and
known as the Naval Computer and Telecommunications Station, Cutler,
Maine.
(b) Reimbursement for Environmental and Other Assessments.--(1) The
Secretary may require the recipient of the property conveyed under this
section to reimburse the Secretary for the costs incurred by the
Secretary for any environmental assessments and other studies and
analyses carried out by the Secretary with respect to the property to be
conveyed under this section before the conveyance of the property under
this section.
(2) The amount of any reimbursement required under paragraph (1)
shall be determined by the Secretary and may not exceed the cost of the
assessments, studies, and analyses for which reimbursement is required
under that paragraph.
(3) Section 2695(c) of title 10, United States Code, shall apply to
the amounts received by the Secretary.
(c) Lease of Property Pending Conveyance.--(1) Pending the conveyance
by deed of the property authorized to be conveyed by subsection (a), the
Secretary may enter into one or more leases of the property.
(2) The Secretary shall deposit any amounts paid under a lease under
paragraph (1) in the appropriation or account providing funds for the
protection, maintenance, or repair of the property, or for the provision
of utility services for the property. Amounts so deposited shall be
merged with funds in the appropriation or account in which deposited,
and shall be available for the same purposes, and subject to the same
conditions and limitations, as the funds with which merged.
(d) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the survey shall
be borne by the recipient of the property.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2854. MODIFICATION OF LAND CONVEYANCE AUTHORITY, FORMER
NAVAL TRAINING CENTER, BAINBRIDGE, CECIL COUNTY, MARYLAND.
Section 1 of Public Law 99 596 (100 Stat. 3349) is amended--
(1) in subsection (a), by striking ``subsections (b) through (f)''
and inserting ``subsections (b) through (e)'';
(2) by striking subsection (b) and inserting the following new
subsection:
``(b) Consideration.--(1) In the event of the transfer of the
property under subsection (a) to the State of Maryland, the transfer
shall be with consideration or without consideration from the State of
Maryland, at the election of the Secretary.
``(2) If the Secretary elects to receive consideration from the State
of Maryland under paragraph (1), the Secretary may reduce the amount of
consideration to be received from the State of Maryland under that
paragraph by an amount equal to the cost, estimated as of the time of
the transfer of the property under this section, of the restoration of
the historic buildings on the property. The total amount of the
reduction of consideration under this paragraph may not exceed
$500,000.'';
(3) by striking subsection (d); and
(4) by redesignating subsections (e) and (f) as subsections (d) and
(e), respectively.
SEC. 2855. LAND CONVEYANCE, MARINE CORPS BASE, CAMP LEJEUNE,
NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Jacksonville, North Carolina (in this section referred to as
the ``City''), all right, title, and interest of the United States in
and to a parcel of real property, including any improvements thereon,
that is currently leased to Norfolk Southern Corporation and consists of
approximately 50 acres, known as the railroad right-of-way, lying within
the City between Highway 24 and Highway 17, at the Marine Corps Base,
Camp Lejeune, North Carolina, for the purpose of permitting the City to
develop the parcel for initial use as a bike/green way trail.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall reimburse the Secretary (in such amounts
as the Secretary may determine) for the expenses incurred by the
Secretary in making the conveyance, including costs related to planning,
design, surveys, environmental assessment and compliance, supervision
and inspection of construction, severing and realigning utility systems,
and other prudent and necessary actions. Section 2695(c) of title 10,
United States Code, shall apply to the amounts received by the
Secretary.
(c) Condition of Conveyance.--The Secretary may retain such
easements, rights-of-way, and other interests in the property to be
conveyed under subsection (a) and impose such restrictions on the use of
the conveyed property as the Secretary considers necessary to ensure the
effective security, maintenance, and operations of the Marine Corps
Base, Camp Lejeune, North Carolina, and to protect human health and the
environment.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2856. LAND EXCHANGE, NAVAL AIR RESERVE CENTER, COLUMBUS, OHIO.
(a) Exchange Authorized.--The Secretary of the Navy may convey to the
Rickenbacker Port Authority of Columbus, Ohio (in this section referred
to as the ``Authority''), all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 24 acres comprising the civilian
facilities of the Naval Air Reserve at Rickenbacker International
Airport in Franklin County, Ohio, in exchange for the Authority's
conveyance to the Secretary of all right, title, and interest of the
Authority in and to a parcel of real property consisting of
approximately 10 to 15 acres acceptable to the Secretary at Rickenbacker
International Airport.
(b) Use of Acquired Property.--The Secretary shall use the real
property acquired from the Authority in the exchange as the site for a
replacement facility that will house both the Naval Air Reserve Center
at Rickenbacker International Airport and the Naval and Marine Corps
Reserve Center currently located in Columbus, Ohio.
(c) Time for Conveyance.--The Secretary may not make the conveyance
to the Authority authorized by subsection (a) until the Secretary
determines that the replacement facility described in subsection (b) has
been constructed and is ready for occupancy.
(d) Description of Property.--The exact acreage and legal description
of the parcels of real property to be exchanged under subsection (a)
shall be determined by surveys satisfactory to the Secretary. The cost
of the surveys shall be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the exchange under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2857. LAND CONVEYANCE, NAVAL STATION, BREMERTON, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
the City of Bremerton, Washington (in this section referred to as the
``City''), all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon,
consisting of approximately 45.8 acres and comprising the former East
Park Transient Family Accommodations, which was an off-site housing
facility for Naval Station, Bremerton, Washington.
(b) Consideration.--(1) The conveyance under subsection (a) may be
made without consideration to the extent the real property to be
conveyed will be used by the City, directly or through an agreement with
a public or private entity, for public health, public safety, education,
affordable housing, or public recreation.
(2) If the City intends to use a portion of the conveyed property for
a purpose not specified in paragraph (1), the City shall pay to the
United States an amount equal to the fair market value of that portion
of the property. The fair market value shall be determined by an
appraisal acceptable to the Secretary.
(c) Administrative Expenses.--The City shall reimburse the Secretary
for administrative expenses incurred by the Secretary in carrying out
the conveyance under subsection (a), including expenses related to
planning, design, survey, environmental compliance, and other prudent
and necessary actions. Section 2695(c) of title 10, United States Code,
shall apply to the amounts received by the Secretary.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2861. LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, by sale or lease upon such terms as the Secretary considers
appropriate, all or any portion of the following parcels of real
property, including any improvements thereon, at Los Angeles Air Force
Base, California:
(1) Approximately 42 acres in El Segundo, California, commonly known
as Area A.
(2) Approximately 52 acres in El Segundo, California, commonly known
as Area B.
(3) Approximately 13 acres in Hawthorne, California, commonly known
as the Lawndale Annex.
(4) Approximately 3.7 acres in Sun Valley, California, commonly
known as the Armed Forces Radio and Television Service Broadcast Center.
(b) Consideration.--As consideration for the conveyance of real
property under subsection (a), the recipient of the property shall
provide for the design and construction on real property acceptable to
the Secretary of one or more facilities to consolidate the mission and
support functions at Los Angeles Air Force Base. Any such facility must
comply with the seismic and safety design standards for Los Angeles
County, California, in effect at the time the Secretary takes possession
of the facility.
(c) Leaseback Authority.--If the fair market value of a facility to
be provided as consideration for the conveyance of real property under
subsection (a) exceeds the fair market value of the conveyed property,
the Secretary may enter into a lease for the facility for a period not
to exceed 10 years. Rental payments under the lease shall be established
at the rate necessary to permit the lessor to recover, by the end of the
lease term, the difference between the fair market value of a facility
and the fair market value of the conveyed property. At the end of the
lease, all right, title, and interest in the facility shall vest in the
United States.
(d) Appraisal of Property.--The Secretary shall obtain an appraisal
of the fair market value of all property and facilities to be sold,
leased, or acquired under this section. An appraisal shall be made by a
qualified appraiser familiar with the type of property to be appraised.
The Secretary shall consider the appraisals in determining whether a
proposed conveyance accomplishes the purpose of this section and is in
the interest of the United States. Appraisal reports shall not be
released outside of the Federal Government, other than to the other
party to a conveyance.
(e) Description of Property.--The exact acreage and legal description
of real property to be conveyed under subsection (a) or acquired under
subsection (b) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the recipient of the
property.
(f) Exemption.--Section 2696 of title 10, United States Code, does
not apply to the conveyance authorized by subsection (a).
(g) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
subsection (a) or a lease under subsection (c) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, POINT ARENA AIR FORCE STATION, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to Mendocino County, California (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 82 acres at the Point
Arena Air Force Station, California, for the purpose of permitting the
County to use the parcel for municipal and other public purposes.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the County--
(1) use the conveyed property, directly or through an agreement with
a public or private entity, for municipal and other public purposes;
(2) convey the property to an appropriate public or private entity
that will use the conveyed property for such purposes; or
(3) convey the property by sale or exchange and--
(A) if conveyed by exchange, use the property acquired in the
exchange for such purposes; or
(B) if conveyed by sale, use the proceeds to acquire property that
will be used for such purposes.
(c) Consideration.--If the Secretary determines at any time that the
County, or a public or private entity to which the property is
reconveyed as authorized by paragraph (2) of subsection (b), has failed
to comply with the conditions specified in such subsection, the County
shall pay the United States an amount equal to the fair market value of
the property conveyed under subsection (a), as determined by an
appraisal satisfactory to the Secretary.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the County.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2863. LAND CONVEYANCE, LOWRY AIR FORCE BASE, COLORADO.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, or lease upon such terms as the Secretary
considers appropriate, to the Lowry Redevelopment Authority (in this
section referred to as the ``Authority'') all right, title, and interest
of the United States in and to seven parcels of real property, including
any improvements thereon, consisting of approximately 23 acres at the
former Lowry Air Force Base, Colorado, for the purpose of permitting the
Authority to use the property in furtherance of economic development and
other public purposes.
(b) Description of Property.--The exact acreage and legal description
of real property to be conveyed or leased under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Authority.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance or lease
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2864. LAND CONVEYANCE, WRIGHT PATTERSON AIR FORCE BASE, OHIO.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to Greene County, Ohio (in this section
referred to as the ``County''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 92 acres comprising
the communications test annex at Wright Patterson Air Force Base, Ohio,
for the purpose of permitting the County to use the parcel for
recreational purposes.
(b) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the County.
(c) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2865. MODIFICATION OF LAND CONVEYANCE, ELLSWORTH AIR
FORCE BASE, SOUTH DAKOTA.
(a) Change in Recipient.--Subsection (a) of section 2863 of the
Military Construction Authorization Act for Fiscal Year 1998 (division B
of Public Law 105 85; 111 Stat. 2010) is amended by striking ``Greater
Box Elder Area Economic Development Corporation, Box Elder, South Dakota
(in this section referred to as the `Corporation')'' and inserting
``West River Foundation for Economic and Community Development, Sturgis,
South Dakota (in this section referred to as the `Foundation')''.
(b) Conforming Amendments.--Such section is further amended by
striking ``Corporation'' each place it appears in subsections (c) and
(e) and inserting ``Foundation''.
SEC. 2866. LAND CONVEYANCE, MUKILTEO TANK FARM, EVERETT, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Port of Everett, Washington (in
this section referred to as the ``Port''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately 22 acres
and known as the Mukilteo Tank Farm for the purpose of permitting the
Port to use the parcel for the development and operation of a port
facility and for other public purposes.
(b) Personal Property.--The Secretary of the Air Force may include as
part of the conveyance authorized by subsection (a) any personal
property at the Mukilteo Tank Farm that is excess to the needs of the
Air Force if the Secretary of Transportation determines that such
personal property is appropriate for the development or operation of the
Mukilteo Tank Farm as a port facility.
(c) Interim Lease.--(1) Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary of the
Air Force may lease all or part of the real property to the Port if the
Secretary determines that the real property is suitable for lease and
the lease of the property under this subsection will not interfere with
any environmental remediation activities or schedules under applicable
law or agreements.
(2) The determination under paragraph (1) whether the lease of the
real property will interfere with environmental remediation activities
or schedules referred to in that paragraph shall be based upon an
environmental baseline survey conducted in accordance with applicable
Air Force regulations and policy.
(3) Except as provided by paragraph (4), as consideration for the
lease under this subsection, the Port shall pay the Secretary an amount
equal to the fair market of the lease, as determined by the Secretary.
(4) The amount of consideration paid by the Port for the lease under
this subsection may be an amount, as determined by the Secretary, less
than the fair market value of the lease if the Secretary determines
that--
(A) the public interest will be served by an amount of consideration
for the lease that is less than the fair market value of the lease; and
(B) payment of an amount equal to the fair market value of the lease
is unobtainable.
(d) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary of the Air Force and the Port.
(e) Additional Terms and Conditions.--The Secretary of the Air Force,
in consultation with the Secretary of Transportation, may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary of the Air Force considers appropriate
to protect the interests of the United States.
PART IV--OTHER CONVEYANCES
SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE
SERVICE PROPERTY, FARMERS BRANCH, TEXAS.
(a) Conveyance Authorized.--The Secretary of Defense may authorize
the Army and Air Force Exchange Service, which is a nonappropriated fund
instrumentality of the United States, to sell all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, that is located at 2727 LBJ Freeway in
Farmers Branch, Texas.
(b) Consideration.--As consideration for conveyance under subsection
(a), the purchaser shall pay, in a single lump sum payment, an amount
equal to the fair market value of the real property conveyed, as
determined by the Secretary. The payment shall be handled in the manner
provided in section 204(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485(c)).
(c) Congressional Report.--Within 30 days after the sale of the
property under subsection (a), the Secretary shall submit to Congress a
report detailing the particulars of the sale.
(d) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the purchaser.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2872. LAND CONVEYANCE, FORMER NATIONAL GROUND
INTELLIGENCE CENTER, CHARLOTTESVILLE, VIRGINIA.
(a) Conveyance Authorized.--The Administrator of General Services may
convey, without consideration, to the City of Charlottesville, Virginia
(in this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real property,
including any improvements thereon, formerly occupied by the National
Ground Intelligence Center and known as the Jefferson Street Property,
for the purpose of permitting the City to use the parcel, directly or
through an agreement with a public or private entity, for economic
development purposes.
(b) Authority To Convey Without Consideration.--The conveyance
authorized by subsection (a) may be made without consideration if the
Administrator determines that conveyance on that basis would be in the
best interests of the United States.
(c) Reversionary Interest.--During the five-year period beginning on
the date the Administrator makes the conveyance authorized by subsection
(a), if the Administrator determines that the conveyed real property is
not being used in accordance with the purpose specified in such
subsection, all right, title, and interest in and to the property,
including any improvements thereon, may upon the election of the
Administrator revert to the United States, and upon such reversion the
United States shall have the right of immediate entry onto the property.
(d) Limitation on Certain Subsequent Conveyances.--(1) Subject to
paragraph (2), if at any time after the Administrator makes the
conveyance authorized by subsection (a) the City conveys any portion of
the parcel conveyed under that subsection to a private entity, the City
shall pay to the United States an amount equal to--
(A) the fair market value (as determined by the Administrator) of
the portion conveyed at the time of the conveyance; less
(B) the cost of any improvements to the property made by the City.
(2) Paragraph (1) applies to a conveyance described in such paragraph
only if the Administrator makes the conveyance authorized by subsection
(a) without consideration.
(3) The Administrator shall deposit any amounts paid the United
States under this subsection into the fund established by section 210(f)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 490(f)). Any amounts so deposited shall be available to the
Administrator for real property management and related activities as
provided for under paragraph (2) of such section.
(e) Description of Property.--The exact acreage and legal description
of the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Administrator. The cost of
the survey shall be borne by the City.
(f) Additional Terms and Conditions.--The Administrator may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Administrator considers appropriate to
protect the interests of the United States.
Subtitle E--Other Matters
SEC. 2881. RELATION OF EASEMENT AUTHORITY TO LEASED PARKLAND,
MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.
Section 2851 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105 261; 112 Stat. 2219) is
amended by adding at the end the following new subsection:
``(f) Exemption for Certain Leased Lands.--(1) Section 303 of title
49, and section 138 of title 23, United States Code, shall not apply to
any approval by the Secretary of Transportation of the use by State
Route 241 of parkland within Camp Pendleton that is leased by the State
of California, where the lease reserved to the United States the right
to establish rights-of-way.
``(2) The Agency shall be responsible for the implementation of any
measures required by the Secretary of Transportation to mitigate the
impact of the Agency's use of parkland within Camp Pendleton for State
Route 241. With the exception of those mitigation measures directly
related to park functions, the measures shall be located outside the
boundaries of Camp Pendleton. The required mitigation measures related
to park functions shall be implemented in accordance with the terms of
the lease referred to in paragraph (1).''.
SEC. 2882. EXTENSION OF DEMONSTRATION PROJECT FOR PURCHASE OF
FIRE, SECURITY, POLICE, PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL
GOVERNMENT AGENCIES.
Section 816(c) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103 337; 108 Stat. 2820), as added by section 2873
of the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105 261; 112 Stat. 2225), is amended by striking
``2000'' and inserting ``2001''.
SEC. 2883. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF
THIRD BUILDING AT UNITED STATES AIR FORCE MUSEUM, WRIGHT-PATTERSON AIR
FORCE BASE, OHIO.
(a) Acceptance Authorized.--The Secretary of the Air Force may accept
from the Air Force Museum Foundation, a private nonprofit foundation,
gifts in the form of cash, Treasury instruments, or comparable United
States Government securities for the purpose of paying the costs of
design and construction of a third building for the United States Air
Force Museum at Wright-Patterson Air Force Base, Ohio. The terms of the
gift may specify that all or a part of the amount of the gift be
utilized solely for purposes of the design and construction of a
particular portion of the building.
(b) Deposit in Escrow Account.--The Secretary, acting through the
Comptroller of the Air Force Materiel Command, shall deposit the amount
of any cash, instruments, or securities accepted as a gift under
subsection (a) in an escrow account established for that purpose.
(c) Investment.--Amounts in the escrow account under subsection (b)
not required to meet current requirements of the account shall be
invested in public debt securities with maturities suitable to the needs
of the account, as determined by the Comptroller of the Air Force
Materiel Command, and bearing interest at rates that take into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities. The income on
such investments shall be credited to and form a part of the account.
(d) Utilization.--(1) Amounts in the escrow account under subsection
(b), including any income on investments of such amounts under
subsection (c), that are attributable to a particular portion of the
building described in subsection (a) shall be utilized by the
Comptroller of the Air Force Materiel Command to pay the costs of the
design and construction of such portion of the building, including
progress payments for such design and construction.
(2) Subject to paragraph (3), amounts shall be payable under
paragraph (1) upon receipt by the Comptroller of the Air Force Materiel
Command of a notification from an appropriate officer or employee of the
Corps of Engineers that such amounts are required for the timely payment
of an invoice or claim for the performance of design or construction
activities for which such amounts are payable under paragraph (1).
(3) The Comptroller of the Air Force Materiel Command shall, to the
maximum extent practicable consistent with good business practice, limit
payment of amounts from the account in order to maximize the return on
investment of amounts in the account.
(e) Limitation on Contracts.--The Corps of Engineers may not enter
into a contract for the design or construction of a particular portion
of the building described in subsection (a) until amounts in the escrow
account under subsection (b), including any income on investments of
such amounts under subsection (c), that are attributable to such portion
of the building are sufficient to cover the amount of such contract.
(f) Liquidation of Escrow Account.--Upon final payment of all
invoices and claims associated with the design and construction of the
building described in subsection (a), the Secretary of the Air Force
shall terminate the escrow account under subsection (b). Any amounts in
the account upon final payment of invoices and claims shall be available
to the Secretary for such purposes as the Secretary considers
appropriate.
SEC. 2884. DEVELOPMENT OF MARINE CORPS HERITAGE CENTER AT
MARINE CORPS BASE, QUANTICO, VIRGINIA.
(a) Authority To Enter into Joint Venture for Development.--The
Secretary of the Navy may enter into a joint venture with the Marine
Corps Heritage Foundation, a not-for-profit entity, for the design and
construction of a multipurpose facility to be used for historical
displays for public viewing, curation, and storage of artifacts,
research facilities, classrooms, offices, and associated activities
consistent with the mission of the Marine Corps University. The facility
shall be known as the Marine Corps Heritage Center.
(b) Authority To Accept Certain Land.--(1) The Secretary may, if the
Secretary determines it to be necessary for the facility described in
subsection (a), accept without compensation any portion of the land
known as Locust Shade Park which is now offered by the Park Authority of
the County of Prince William, Virginia, as a potential site for the
facility.
(2) The Park Authority may convey the land described in paragraph (1)
to the Secretary under this section without regard to any limitation on
its use, or requirement for its replacement upon conveyance, under
section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460 l 8(f)(3)) or under any other provision of law.
(c) Design and Construction.--For each phase of development of the
facility described in subsection (a), the Secretary may--
(1) permit the Marine Corps Heritage Foundation to contract for the
design, construction, or both of such phase of development; or
(2) accept funds from the Marine Corps Heritage Foundation for the
design, construction, or both of such phase of development.
(d) Acceptance Authority.--Upon completion of construction of any
phase of development of the facility described in subsection (a) by the
Marine Corps Heritage Foundation to the satisfaction of the Secretary,
and the satisfaction of any financial obligations incident thereto by
the Marine Corps Heritage Foundation, the facility shall become the
property of the Department of the Navy with all right, title, and
interest in and to facility being in the United States.
(e) Lease of Facility.--(1) The Secretary may lease, under such terms
and conditions as the Secretary considers appropriate for the joint
venture authorized by subsection (a), portions of the facility developed
under that subsection to the Marine Corps Heritage Foundation for use in
generating revenue for activities of the facility and for such
administrative purposes as may be necessary for support of the facility.
(2) The amount of consideration paid the Secretary by the Marine
Corps Heritage Foundation for the lease under paragraph (1) may not
exceed an amount equal to the actual cost (as determined by the
Secretary) of the operation of the facility.
(3) Notwithstanding any other provision of law, the Secretary shall
use amounts paid under paragraph (2) to cover the costs of operation of
the facility.
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the joint venture
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2885. ACTIVITIES RELATING TO THE GREENBELT AT FALLON
NAVAL AIR STATION, NEVADA.
(a) In General.--The Secretary of the Navy shall, in consultation
with the Secretary of the Army acting through the Chief of Engineers,
carry out appropriate activities after examination of the potential
environmental and flight safety ramifications for irrigation that has
been eliminated, or will be eliminated, for the greenbelt at Fallon
Naval Air Station, Nevada. Any activities carried out under the
preceding sentence shall be consistent with aircrew safety at Fallon
Naval Air Station.
(b) Authorization of Appropriations.--There is hereby authorized to
be appropriated for operation and maintenance for the Navy such sums as
may be necessary to carry out the activities required by subsection (a).
SEC. 2886. ESTABLISHMENT OF WORLD WAR II MEMORIAL ON GUAM.
(a) Establishment Required.--The Secretary of Defense shall establish
on Federal lands near the Fena Caves in Guam a suitable memorial
intended to honor those Guamanian civilians who were killed during the
occupation of Guam during World War II and to commemorate the liberation
of Guam by the United States Armed Forces in 1944.
(b) Maintenance of Memorial.--The Secretary of Defense shall be
responsible for the maintenance of the memorial established pursuant to
subsection (a).
(c) Consultation.--In designing and building the memorial and
selecting the specific location for the memorial, the Secretary of
Defense shall consult with the American Battle Monuments Commission
established under chapter 21 of title 36, United States Code.
SEC. 2887. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN
ATOLL AS THE RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE AT
KWAJALEIN ATOLL.
The United States Army missile testing range located at Kwajalein
Atoll in the Marshall Islands shall after the date of the enactment of
this Act be known and designated as the ``Ronald Reagan Ballistic
Missile Defense Test Site at Kwajalein Atoll''. Any reference to that
range in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the Ronald
Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll.
SEC. 2888. DESIGNATION OF BUILDING AT FORT BELVOIR, VIRGINIA,
IN HONOR OF ANDREW T. McNAMARA.
The building at 8725 John J. Kingman Road, Fort Belvoir, Virginia,
shall be known and designated as the ``Andrew T. McNamara Building''.
Any reference to that building in any law, regulation, map, document,
record, or other paper of the United States shall be considered to be a
reference to the Andrew T. McNamara Building.
SEC. 2889. DESIGNATION OF BALBOA NAVAL HOSPITAL, SAN DIEGO,
CALIFORNIA, IN HONOR OF BOB WILSON, A FORMER MEMBER OF THE HOUSE OF
REPRESENTATIVES.
The Balboa Naval Hospital in San Diego, California, shall be known
and designated as the ``Bob Wilson Naval Hospital''. Any reference to
the Balboa Naval Hospital in any law, regulation, map, document, record,
or other paper of the United States shall be considered to be a
reference to the Bob Wilson Naval Hospital.
SEC. 2890. SENSE OF CONGRESS REGARDING IMPORTANCE OF EXPANSION
OF NATIONAL TRAINING CENTER, FORT IRWIN, CALIFORNIA.
(a) Findings.--Congress makes the following findings:
(1) The National Training Center at Fort Irwin, California, is the
Army's premier warfare training center.
(2) The National Training Center was cited by General Norman
Schwarzkopf as being instrumental to the success of the allied victory
in the Persian Gulf conflict.
(3) The National Training Center gives a military unit the
opportunity to use high-tech equipment and confront realistic opposing
forces in order to accurately discover the unit's strengths and
weaknesses.
(4) The current size of the National Training Center is insufficient
in light of the advanced equipment and technology required for modern
warfare training.
(5) The expansion of the National Training Center to include
additional lands would permit military units and members of the Armed
Forces to adequately prepare for future conflicts and various warfare
scenarios they may encounter throughout the world.
(6) Additional lands for the expansion of the National Training
Center are presently available in the California desert.
(7) The expansion of the National Training Center is a top priority
of the Army and the Office of the Secretary of Defense.
(b) Sense of Congress.--It is the sense of Congress that the prompt
expansion of the National Training Center is vital to the national
security interests of the United States.
SEC. 2891. SENSE OF CONGRESS REGARDING LAND TRANSFERS AT
MELROSE RANGE, NEW MEXICO, AND YAKIMA TRAINING CENTER, WASHINGTON.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of the Air Force seeks the transfer of 6,713 acres
of public domain land within the Melrose Range, New Mexico, from the
Department of the Interior to the Department of the Air Force for the
continued use of these lands as a military range.
(2) The Secretary of the Army seeks the transfer of 6,640 acres of
public domain land within the Yakima Training Center, Washington, from
the Department of the Interior to the Department of the Army for
military training purposes.
(3) The transfers provide the Department of the Air Force and the
Department of the Army with complete land management control of these
public domain lands to allow for effective land management, minimize
safety concerns, and ensure meaningful training.
(4) The Department of the Interior concurs with the land transfers
at Melrose Range and Yakima Training Center.
(b) Sense of Congress.--It is the sense of Congress that the land
transfers at Melrose Range, New Mexico, and Yakima Training Center,
Washington, will support military training, safety, and land management
concerns on the lands subject to transfer.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and
construction activities.
Sec. 3127. Funds available for all national security programs of
the Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Sec. 3131. Funding for termination costs of River Protection
Project, Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security
Administration and Ballistic Missile Defense Organization.
Sec. 3133. Reprogramming of funds available for infrastructure
upgrades or maintenance in certain accounts of the National Nuclear
Security Administration.
Sec. 3134. Adjustment of composite theoretical performance levels
for post-shipment verification reports on advanced supercomputer sales
to certain foreign nations.
Sec. 3135. Modification of counterintelligence polygraph program.
Sec. 3136. Employee incentives for employees at closure project
facilities.
Sec. 3137. Continuation of processing, treatment, and disposition
of legacy nuclear materials.
Sec. 3138. Contingent limitation on use of certain funds pending
certifications of compliance with Formerly Utilized Sites Remedial
Action Program funding prohibition.
Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory
at Idaho National Engineering and Environmental Laboratory, Idaho Falls,
Idaho.
Sec. 3140. Report on National Ignition Facility, Lawrence
Livermore National Laboratory, Livermore, California.
Sec. 3141. River Protection Project, Richland, Washington.
Sec. 3142. Report on tank waste remediation system, Hanford
Reservation, Richland, Washington.
SUBTITLE D--MATTERS RELATING TO MANAGEMENT OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION
Sec. 3151. Term of office of person first appointed as Under
Secretary for Nuclear Security of the Department of Energy.
Sec. 3152. Membership of Under Secretary for Nuclear Security on
the Joint Nuclear Weapons Council.
Sec. 3153. Organization plan for field offices of the National
Nuclear Security Administration.
Sec. 3154. Required contents of future-years nuclear security program.
Sec. 3155. Future-years nuclear security program for fiscal year 2001.
Sec. 3156. Engineering and manufacturing research, development,
and demonstration by plant managers of certain nuclear weapons
production plants.
Sec. 3157. Prohibition on individuals engaging in concurrent
service or duties within National Nuclear Security Administration and
outside that Administration but within Department of Energy.
Sec. 3158. Annual plan for obligation of funds of the National
Nuclear Security Administration.
Sec. 3159. Authority to reorganize National Nuclear Security
Administration.
SUBTITLE E--NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT
Sec. 3161. Technology Infrastructure Pilot Program.
Sec. 3162. Report on small business participation in National
Nuclear Security Administration activities.
Sec. 3163. Study and report related to improving mission
effectiveness, partnerships, and technology transfer at national
security laboratories and nuclear weapons production facilities.
Sec. 3164. Report on effectiveness of National Nuclear Security
Administration technology development partnerships with non-Federal
entities.
Sec. 3165. Definitions.
SUBTITLE F--MATTERS RELATING TO DEFENSE NUCLEAR NONPROLIFERATION
Sec. 3171. Annual report on status of Nuclear Materials
Protection, Control, and Accounting Program.
Sec. 3172. Nuclear Cities Initiative.
Sec. 3173. Department of Energy nonproliferation monitoring.
Sec. 3174. Sense of Congress on the need for coordination of
nonproliferation programs.
Sec. 3175. Limitation on use of funds for International Nuclear
Safety Program.
SUBTITLE G--OTHER MATTERS
Sec. 3191. Extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3192. Biennial report containing update on nuclear test
readiness postures.
Sec. 3193. Frequency of reports on inadvertent releases of
Restricted Data and Formerly Restricted Data.
Sec. 3194. Form of certifications regarding the safety or
reliability of the nuclear weapons stockpile.
Sec. 3195. Authority to provide certificate of commendation to
Department of Energy and contractor employees for exemplary service in
stockpile stewardship and security.
Sec. 3196. Cooperative research and development agreements for
government-owned, contractor-operated laboratories.
Sec. 3197. Office of Arctic Energy.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for the activities of the National Nuclear
Security Administration in carrying out programs necessary for national
security in the amount of $6,422,356,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities, $4,840,289,000, to
be allocated as follows:
(A) For stewardship, $4,505,545,000, to be allocated as follows:
(i) For directed stockpile work, $862,603,000.
(ii) For campaigns, $2,054,014,000, to be allocated as follows:
(I) For operation and maintenance, $1,639,682,000.
(II) For construction, $414,332,000, to be allocated as follows:
Project 01 D 101, distributed information systems laboratory,
Sandia National Laboratories, Livermore, California, $2,300,000.
Project 00 D 103, terascale simulation facility, Lawrence Livermore
National Laboratory, Livermore, California, $5,000,000.
Project 00 D 105, strategic computing complex, Los Alamos National
Laboratory, Los Alamos, New Mexico, $56,000,000.
Project 00 D 107, joint computational engineering laboratory,
Sandia National Laboratories, Albuquerque, New Mexico, $6,700,000.
Project 98 D 125, tritium extraction facility, Savannah River
Plant, Aiken, South Carolina, $75,000,000.
Project 98 D 126, accelerator production of tritium, various
locations, $25,000,000.
Project 97 D 102, dual-axis radiographic hydrotest facility, Los
Alamos National Laboratory, Los Alamos, New Mexico, $35,232,000.
Project 96 D 111, national ignition facility (NIF), Lawrence
Livermore National Laboratory, Livermore, California, $209,100,000.
(iii) For readiness in technical base and facilities,
$1,588,928,000, to be allocated as follows:
(I) For operation and maintenance, $1,429,087,000.
(II) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $159,841,000, to be allocated as follows:
Project 01 D 103, preliminary project design and engineering,
various locations, $14,500,000.
Project 01 D 124, highly enriched uranium (HEU) materials storage
facility, Y 12 Plant, Oak Ridge, Tennessee, $17,800,000.
Project 01 D 126, weapons evaluation test laboratory, Pantex Plant,
Amarillo, Texas, $3,000,000.
Project 99 D 103, isotope sciences facilities, Lawrence Livermore
National Laboratory, Livermore, California, $5,000,000.
Project 99 D 104, protection of real property (roof reconstruction,
phase II), Lawrence Livermore National Laboratory, Livermore,
California, $2,800,000.
Project 99 D 106, model validation and system certification center,
Sandia National Laboratories, Albuquerque, New Mexico, $5,200,000.
Project 99 D 108, renovate existing roadways, Nevada Test Site,
Nevada, $2,000,000.
Project 99 D 125, replace boilers and controls, Kansas City Plant,
Kansas City, Missouri, $13,000,000.
Project 99 D 127, stockpile management restructuring initiative,
Kansas City plant, Kansas City, Missouri, $23,765,000.
Project 99 D 128, stockpile management restructuring initiative,
Pantex Plant, Amarillo, Texas, $4,998,000.
Project 99 D 132, stockpile management restructuring initiative,
nuclear material safeguards and security upgrades project, Los Alamos
National Laboratory, Los Alamos, New Mexico, $18,043,000.
Project 98 D 123, stockpile management restructuring initiative,
tritium facility modernization and consolidation, Savannah River Plant,
Aiken, South Carolina, $30,767,000.
Project 97 D 123, structural upgrades, Kansas City Plant, Kansas
City, Missouri, $2,918,000.
Project 95 D 102, chemistry and metallurgy research (CMR) upgrades
project, Los Alamos National Laboratory, Los Alamos, New Mexico,
$13,337,000.
Project 88 D 123, security enhancements, Pantex Plant, Amarillo,
Texas, $2,713,000.
(B) For secure transportation asset, $115,673,000, to be allocated
as follows:
(i) For operation and maintenance, $79,357,000.
(ii) For program direction, $36,316,000.
(C) For program direction, $219,071,000.
(2) Defense nuclear nonproliferation.--For other nuclear security
activities, $877,467,000, to be allocated as follows:
(A) For nonproliferation and verification research and development,
$252,990,000, to be allocated as follows:
(i) For operation and maintenance, $245,990,000.
(ii) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $7,000,000, to be allocated as follows:
Project 00 D 192, nonproliferation and international security
center (NISC), Los Alamos National Laboratory, Los Alamos, New Mexico,
$7,000,000.
(B) For arms control, $320,560,000, to be allocated as follows:
(i) For arms control operations, $285,370,000.
(ii) For highly enriched uranium transparency implementation,
$15,190,000.
(iii) For international nuclear safety, $20,000,000.
(C) For fissile materials control and disposition, $252,449,000, to
be allocated as follows:
(i) For operation and maintenance, $175,517,000.
(ii) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $76,932,000, to be allocated as follows:
Project 01 D 407, highly enriched uranium blend-down, Savannah
River Site, Aiken, South Carolina, $27,932,000.
Project 00 D 142, immobilization and associated processing facility
(Title I and II design), Savannah River Site, Aiken, South Carolina,
$3,000,000.
Project 99 D 141, pit disassembly and conversion facility (Title I
and II design), Savannah River Site, Aiken, South Carolina, $20,000,000.
Project 99 D 143, mixed oxide fuel fabrication facility (Title I
and II design), Savannah River Site, Aiken, South Carolina, $26,000,000.
(D) For program direction, $51,468,000.
(3) Naval reactors.--For naval reactors, $694,600,000, to be
allocated as follows:
(A) For naval reactors development, $673,200,000, to be allocated as
follows:
(i) For operation and maintenance, $644,500,000.
(ii) For general plant projects, $11,400,000.
(iii) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $17,300,000, to be allocated as follows:
Project 01 D 200, major office replacement building, Schenectady,
New York, $1,300,000.
Project 90 N 102, expended core facility dry cell project, Naval
Reactors Facility, Idaho, $16,000,000.
(B) For program direction, $21,400,000.
(4) Office of Administrator for Nuclear Security.--For the Office of
the Administrator for Nuclear Security, for program direction,
$10,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Subject to subsection (b), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 2001 for environmental restoration and waste management activities
in carrying out programs necessary for national security in the amount
of $6,058,009,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104 201; 110 Stat. 2836; 42 U.S.C.
7277n), $1,082,297,000.
(2) Site/project completion.--For site completion and project
completion in carrying out environmental management activities necessary
for national security programs, $941,719,000, to be allocated as
follows:
(A) For operation and maintenance, $900,175,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $41,544,000, to be allocated as follows:
Project 01 D 402, Intec cathodic protection system expansion, Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho,
$500,000.
Project 99 D 402, tank farm support services, F&H areas, Savannah
River Site, Aiken, South Carolina, $7,714,000.
Project 99 D 404, health physics instrumentation laboratory, Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho,
$4,300,000.
Project 98 D 453, plutonium stabilization and handling system for
plutonium finishing plant, Richland, Washington, $1,690,000.
Project 97 D 470, regulatory monitoring and bioassay laboratory,
Savannah River Site, Aiken, South Carolina, $3,949,000.
Project 96 D 471, chlorofluorocarbon heating, ventilation, and air
conditioning and chiller retrofit, Savannah River Site, Aiken, South
Carolina, $12,512,000.
Project 92 D 140, F&H canyon exhaust upgrades, Savannah River Site,
Aiken, South Carolina, $8,879,000.
Project 86 D 103, decontamination and waste treatment facility,
Lawrence Livermore National Laboratory, Livermore, California,
$2,000,000.
(3) Post-2006 completion.--For post-2006 completion in carrying out
environmental restoration and waste management activities necessary for
national security programs, $3,432,457,000, to be allocated as follows:
(A) For operation and maintenance, $2,691,106,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $27,212,000, to be allocated as follows:
Project 93 D 187, high-level waste removal from filled waste tanks,
Savannah River Site, Aiken, South Carolina, $27,212,000.
(C) For the Office of River Protection in carrying out environmental
restoration and waste management activities necessary for national
security programs, $714,139,000, to be allocated as follows:
(i) For operation and maintenance, $309,619,000.
(ii) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $404,520,000, to be allocated as follows:
Project 01 D 416, Tank Waste Remediation System privatization phase
I, Richland, Washington, $332,000,000.
Project 01 D 403, immobilized high-level waste interim storage
facility, Richland, Washington, $1,300,000.
Project 99 D 403, privatization phase I infrastructure support,
Richland, Washington, $7,812,000.
Project 97 D 402, tank farm restoration and safe operations,
Richland, Washington, $46,023,000.
Project 94 D 407, initial tank retrieval systems, Richland,
Washington, $17,385,000.
(4) Science and technology development.--For science and technology
development in carrying out environmental restoration and waste
management activities necessary for national security programs,
$246,548,000.
(5) Program direction.--For program direction in carrying out
environmental restoration and waste management activities necessary for
national security programs, $354,988,000.
(b) Adjustment.--The total amount authorized to be appropriated by
subsection (a) is the sum of the amounts authorized to be appropriated
by paragraphs (1) through (5) of that subsection, reduced by
$84,317,000, to be derived from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for other defense
activities in carrying out programs necessary for national security in
the amount of $543,822,000, to be allocated as follows:
(1) Intelligence.--For intelligence, $38,059,000, to be allocated as
follows:
(A) For operation and maintenance, $36,059,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $2,000,000, to be allocated as follows:
Project 01 D 800, Sensitive compartmented information facility,
Lawrence Livermore National Laboratory, Livermore, California,
$2,000,000.
(2) Counterintelligence.--For counterintelligence, $45,200,000.
(3) Security and emergency operations.--For security and emergency
operations, $284,076,000, to be allocated as follows:
(A) For nuclear safeguards and security, $124,409,000.
(B) For security investigations, $33,000,000.
(C) For emergency management, $37,300,000.
(D) For program direction, $89,367,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,937,000.
(5) Environment, safety, and health.--For the Office of Environment,
Safety, and Health, $134,050,000, to be allocated as follows:
(A) For environment, safety, and health (defense), $86,446,000.
(B) For the Energy Employees Occupational Illness Compensation
initiative, $25,000,000.
(C) For program direction, $22,604,000.
(6) Worker and community transition assistance.--For worker and
community transition assistance, $24,500,000, to be allocated as
follows:
(A) For worker and community transition, $21,500,000.
(B) For program direction, $3,000,000.
(7) Office of hearings and appeals.--For the Office of Hearings and
Appeals, $3,000,000.
(b) Adjustments.--The amount authorized to be appropriated pursuant
to subsection (a)(3)(B) is reduced by $20,000,000 to reflect an offset
provided by user organizations for security investigations.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2001 for privatization
initiatives in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $90,092,000, to be allocated as follows:
Project 98 PVT 2, spent nuclear fuel dry storage, Idaho Falls,
Idaho, $25,092,000.
Project 97 PVT 2, advanced mixed waste treatment project Idaho
Falls, Idaho, $65,000,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated pursuant to subsection (a) is the sum of the amounts
authorized to be appropriated for the projects in that subsection
reduced by $90,092,000 for use of prior year balances of funds for
defense environmental management privatization.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $112,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program by this
title; or
(B) $1,000,000 more than the amount authorized for that program by
this title; or
(2) which has not been presented to, or requested of, Congress.
(b) Report.--(1) The report referred to in subsection (a) is a report
containing a full and complete statement of the action proposed to be
taken and the facts and circumstances relied upon in support of the
proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for an
item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by this
title if the total estimated cost of the construction project does not
exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, authorized by 3101, 3102, or 3103, or which is in support of
national security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25 percent the
higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project as shown
in the most recent budget justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the congressional
defense committees a report on the actions and the circumstances making
such action necessary; and
(B) a period of 30 days has elapsed after the date on which the
report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is not
in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) does not apply to a construction
project with a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy may
transfer funds authorized to be appropriated to the Department of Energy
pursuant to this title to other Federal agencies for the performance of
work for which the funds were authorized. Funds so transferred may be
merged with and be available for the same purposes and for the same time
period as the authorizations of the Federal agency to which the amounts
are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may be
merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than 5 percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than 5 percent by a
transfer under such paragraph.
(c) Limitations.--The authority provided by this section to transfer
authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have a higher
priority than the items from which the funds are transferred; and
(2) may not be used to provide funds for an item for which Congress
has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committees on Armed Services of the Senate and House of
Representatives of any transfer of funds to or from authorizations under
this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to paragraph (2)
and except as provided in paragraph (3), before submitting to Congress a
request for funds for a construction project that is in support of a
national security program of the Department of Energy, the Secretary of
Energy shall complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before submitting
a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request for
funds--
(A) for a construction project the total estimated cost of which is
less than $5,000,000; or
(B) for emergency planning, design, and construction activities
under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in connection
with any construction project exceeds $600,000, funds for that design
must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including funds authorized to be appropriated for advance planning and
construction design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any Department of
Energy national security program construction project that, as
determined by the Secretary, must proceed expeditiously in order to
protect public health and safety, to meet the needs of national defense,
or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a report
on the activities that the Secretary intends to carry out under this
section and the circumstances making those activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated for
program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2002.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field office
under subsection (a) unless the manager determines that the transfer is
necessary to address a risk to health, safety, or the environment or to
assure the most efficient use of defense environmental management funds
at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used for
an item for which Congress has specifically denied funds or for a new
program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a field
office of the Department of Energy, any of the following:
(A) A program referred to or a project listed in paragraph (2) or
(3) of section 3102.
(B) A program or project not described in subparagraph (A) that is
for environmental restoration or waste management activities necessary
for national security programs of the Department, that is being carried
out by the office, and for which defense environmental management funds
have been authorized and appropriated before the date of the enactment
of this Act.
(2) The term ``defense environmental management funds'' means funds
appropriated to the Department of Energy pursuant to an authorization
for carrying out environmental restoration and waste management
activities necessary for national security programs.
(f) Duration of Authority.--The managers of the field offices of the
Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 2000, and ending on September
30, 2001.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. FUNDING FOR TERMINATION COSTS OF RIVER PROTECTION
PROJECT, RICHLAND, WASHINGTON.
The Secretary of Energy may not use appropriated funds to establish a
reserve for the payment of any costs of termination of any contract
relating to the River Protection Project, Richland, Washington (as
designated by section 3141), that is terminated after the date of the
enactment of this Act. Such costs may be paid from--
(1) appropriations originally available for the performance of the
contract concerned;
(2) appropriations currently available for privatization initiatives
in carrying out environmental restoration and waste management
activities necessary for national security programs, and not otherwise
obligated; or
(3) funds appropriated specifically for the payment of such costs.
SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR
SECURITY ADMINISTRATION AND BALLISTIC MISSILE DEFENSE ORGANIZATION.
(a) Jointly Funded Projects.--The Secretary of Energy and the
Secretary of Defense shall modify the memorandum of understanding for
the use of the national laboratories for ballistic missile defense
programs, entered into under section 3131 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105 85; 111 Stat.
2034; 10 U.S.C. 2431 note), to provide for jointly funded projects.
(b) Requirements for Projects.--The projects referred to in
subsection (a) shall--
(1) be carried out by the National Nuclear Security Administration
and the Ballistic Missile Defense Organization; and
(2) contribute to sustaining--
(A) the expertise necessary for the viability of such laboratories;
and
(B) the capabilities required to sustain the nuclear stockpile.
(c) Participation by NNSA in Certain BMDO Activities.--The
Administrator for Nuclear Security and the Director of the Ballistic
Missile Defense Organization shall implement mechanisms that increase
the cooperative relationship between those organizations. Those
mechanisms may include participation by personnel of the National
Nuclear Security Administration in the following activities of the
Ballistic Missile Defense Organization:
(1) Peer reviews of technical efforts.
(2) Activities of so-called ``red teams''.
SEC. 3133. REPROGRAMMING OF FUNDS AVAILABLE FOR INFRASTRUCTURE
UPGRADES OR MAINTENANCE IN CERTAIN ACCOUNTS OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Limitation.--(1) Except as provided in paragraph (2), the
Secretary of Energy may not use amounts appropriated or otherwise made
available to the Secretary for fiscal year 2001 for the purpose of
infrastructure upgrades or maintenance in an account specified in
subsection (b) for any other purpose.
(2) Paragraph (1) does not apply to a particular amount for the
purpose of a particular infrastructure upgrade or maintenance project if
the Secretary--
(A) determines that that project is not needed by reason of a change
to, or cancellation of, a program for which that project was intended to
be used; and
(B) submits to the congressional defense committees the report
referred to in subsection (c) and a period of 45 days elapses after the
date on which such committees receive such report.
(b) Covered Accounts.--An account referred to in subsection (a) is
any Construction account or Readiness in Technical Base and Facilities
account within any National Nuclear Security Administration budget
account.
(c) Report.--(1) The report referred to in subsection (a)(2)(B) is a
report containing a full and complete statement of--
(A) the determination of the Secretary under subsection (a)(2)(A); and
(B) the action proposed to be taken with the particular amount
concerned and the facts and circumstances relied upon in support of such
proposed action.
(2) In the computation of the 45-day period under subsection
(a)(2)(B), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more than three
days to a day certain.
(d) Coordination With General Reprogramming Report.--If the
Secretary, in accordance with this section, submits a report referred to
in subsection (c) for the use of a particular amount, that report shall
be treated, for purposes of section 3121, as the report referred to in
subsection (b) of that section for that use of that amount.
SEC. 3134. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE
LEVELS FOR POST-SHIPMENT VERIFICATION REPORTS ON ADVANCED SUPERCOMPUTER
SALES TO CERTAIN FOREIGN NATIONS.
Section 3157 of the National Defense Authorization Act for Fiscal
Year 1998 (50 U.S.C. App. 2404 note) is amended by adding at the end the
following new subsection:
``(e) Adjustment of Performance Levels.--Whenever a new composite
theoretical performance level is established under section 1211(d), that
level shall apply for the purposes of subsection (a) of this section in
lieu of the level set forth in subsection (a).''.
SEC. 3135. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) Covered Persons.--Subsection (b) of section 3154 of the
Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of
Public Law 106 65; 113 Stat. 941; 42 U.S.C. 7383h) is amended to read as
follows:
``(b) Covered Persons.--(1) Subject to paragraph (2), for purposes of
this section, a covered person is one of the following:
``(A) An officer or employee of the Department.
``(B) An expert or consultant under contract to the Department.
``(C) An officer or employee of a contractor of the Department.
``(D) An individual assigned or detailed to the Department.
``(E) An applicant for a position in the Department.
``(2) A person described in paragraph (1) is a covered person for
purposes of this section only if the position of the person, or for
which the person is applying, under that paragraph is a position in one
of the categories of positions listed in section 709.4(a) of title 10,
Code of Federal Regulations.''.
(b) High-Risk Programs.--Subsection (c) of that section is amended to
read as follows:
``(c) High-Risk Programs.--For purposes of this section, high-risk
programs are the following:
``(1) Programs using information known as Sensitive Compartmented
Information.
``(2) The programs known as Special Access Programs and Personnel
Security and Assurance Programs.
``(3) Any other program or position category specified in section
709.4(a) of title 10, Code of Federal Regulations.''.
(c) Authority To Waive Examination Requirement.--Subsection (d) of
that section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraphs:
``(2) Subject to paragraph (3), the Secretary may, after consultation
with appropriate security personnel, waive the applicability of
paragraph (1) to a covered person--
``(A) if--
``(i) the Secretary determines that the waiver is important to the
national security interests of the United States;
``(ii) the covered person has an active security clearance; and
``(iii) the covered person acknowledges in a signed writing that the
capacity of the covered person to perform duties under a high-risk
program after the expiration of the waiver is conditional upon meeting
the requirements of paragraph (1) within the effective period of the
waiver;
``(B) if another Federal agency certifies to the Secretary that the
covered person has completed successfully a full-scope or
counterintelligence-scope polygraph examination during the 5-year period
ending on the date of the certification; or
``(C) if the Secretary determines, after consultation with the
covered person and appropriate medical personnel, that the treatment of
a medical or psychological condition of the covered person should
preclude the administration of the examination.
``(3)(A) The Secretary may not commence the exercise of the authority
under paragraph (2) to waive the applicability of paragraph (1) to any
covered persons until 15 days after the date on which the Secretary
submits to the appropriate committees of Congress a report setting forth
the criteria to be used by the Secretary for determining when a waiver
under paragraph (2)(A) is important to the national security interests
of the United States. The criteria shall not include the need to
maintain the scientific vitality of the laboratory. The criteria shall
include an assessment of counterintelligence risks and programmatic
impacts.
``(B) Any waiver under paragraph (2)(A) shall be effective for not
more than 120 days, and a person who is subject to a waiver under
paragraph (2)(A) may not ever be subject to another waiver under
paragraph (2)(A).
``(C) Any waiver under paragraph (2)(C) shall be effective for the
duration of the treatment on which such waiver is based.
``(4) The Secretary shall submit to the appropriate committees of
Congress on a semi-annual basis a report on any determinations made
under paragraph (2)(A) during the 6-month period ending on the date of
such report. The report shall include a national security justification
for each waiver resulting from such determinations.
``(5) In this subsection, the term `appropriate committees of
Congress' means the following:
``(A) The Committee on Armed Services and the Select Committee on
Intelligence of the Senate.
``(B) The Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
``(6) It is the sense of Congress that the waiver authority in
paragraph (2) not be used by the Secretary to exempt from the
applicability of paragraph (1) any covered persons in the highest risk
categories, such as persons who have access to the most sensitive
weapons design information and other highly sensitive programs,
including special access programs.
``(7) The authority under paragraph (2) to waive the applicability of
paragraph (1) to a covered person shall expire on September 30, 2002.''.
(d) Scope of Counterintelligence Polygraph Examination.--Subsection
(f) of that section is amended--
(1) by inserting ``terrorism,'' after ``sabotage,''; and
(2) by inserting ``deliberate damage to or malicious misuse of a
United States Government information or defense system,'' before
``and''.
SEC. 3136. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE
PROJECT FACILITIES.
(a) Authority to Provide Incentives.--Notwithstanding any other
provision of law, the Secretary of Energy may provide to any eligible
employee of the Department of Energy one or more of the incentives
described in subsection (d).
(b) Eligible Employees.--An individual is an eligible employee of the
Department of Energy for purposes of this section if the individual--
(1) has worked continuously at a closure facility for at least two
years;
(2) is an employee (as that term is defined in section 2105(a) of
title 5, United States Code);
(3) has a fully satisfactory or equivalent performance rating during
the most recent performance period and is not subject to an adverse
notice regarding conduct; and
(4) meets any other requirement or condition under subsection (d)
for the incentive which is provided the employee under this section.
(c) Closure Facility Defined.--For purposes of this section, the term
``closure facility'' means a Department of Energy facility at which the
Secretary is carrying out a closure project selected under section 3143
of the National Defense Authorization Act for Fiscal Year 1997 (42
U.S.C. 7274n).
(d) Incentives.--The incentives that the Secretary may provide under
this section are the following:
(1) The right to accumulate annual leave provided by section 6303 of
title 5, United States Code, for use in succeeding years until it totals
not more than 90 days, or not more than 720 hours based on a standard
work week, at the beginning of the first full biweekly pay period, or
corresponding period for an employee who is not paid on the basis of
biweekly pay periods, occurring in a year, except that--
(A) any annual leave that remains unused when an employee transfers
to a position in a department or agency of the Federal Government shall
be liquidated upon the transfer by payment to the employee of a lump sum
for leave in excess of 30 days, or in excess of 240 hours based on a
standard work week; and
(B) upon separation from service, annual leave accumulated under
this paragraph shall be treated as any other accumulated annual leave is
treated.
(2) The right to be paid a retention allowance in a lump sum in
compliance with paragraphs (1) and (2) of section 5754(b) of title 5,
United States Code, if the employee meets the requirements of section
5754(a) of that title, except that the retention allowance may exceed 25
percent, but may not be more than 30 percent, of the employee's rate of
basic pay.
(e) Agreement.--An eligible employee of the Department of Energy
provided an incentive under this section shall enter into an agreement
with the Secretary to remain employed at the closure facility at which
the employee is employed as of the date of the agreement until a
specific date or for a specific period of time.
(f) Violation of Agreement.--(1) Except as provided under paragraph
(3), an eligible employee of the Department of Energy who violates an
agreement under subsection (e), or is dismissed for cause, shall forfeit
eligibility for any incentives under this section as of the date of the
violation or dismissal, as the case may be.
(2) Except as provided under paragraph (3), an eligible employee of
the Department of Energy who is paid a retention allowance under
subsection (d)(2) and who violates an agreement under subsection (e), or
is dismissed for cause, before the end of the period or date of
employment agreed upon under such agreement shall refund to the United
States an amount that bears the same ratio to the aggregate amount so
paid to or received by the employee as the unserved part of such
employment bears to the total period of employment agreed upon under
such agreement.
(3) The Secretary may waive the applicability of paragraph (1) or (2)
to an employee otherwise covered by such paragraph if the Secretary
determines that there is good and sufficient reason for the waiver.
(g) Report.--The Secretary shall include in each report on a closure
project under section 3143(h) of the National Defense Authorization Act
for Fiscal Year 1997 a report on the incentives, if any, provided under
this section with respect to the project for the period covered by such
report.
(h) Authority With Respect to Health Coverage.--Section
8905a(d)(5)(A) of title 5, United States Code (as added by section 1106
of the Veterans Millennium Health Care and Benefits Act (Public Law 106
117; 113 Stat. 1598)), is amended by inserting after ``readjustment''
the following: ``, or a voluntary or involuntary separation from a
Department of Energy position at a Department of Energy facility at
which the Secretary is carrying out a closure project selected under
section 3143 of the National Defense Authorization Act for Fiscal Year
1997 (42 U.S.C. 7274n)''.
(i) Authority With Respect to Voluntary Separations.--(1) The
Secretary may--
(A) separate from service any employee at a Department of Energy
facility at which the Secretary is carrying out a closure project
selected under section 3143 of the National Defense Authorization Act
for Fiscal Year 1997 (42 U.S.C. 7274n) who volunteers to be separated
under this subparagraph even though the employee is not otherwise
subject to separation due to a reduction in force; and
(B) for each employee voluntarily separated under subparagraph (A),
retain an employee in a similar position who would otherwise be
separated due to a reduction in force.
(2) The separation of an employee under paragraph (1)(A) shall be
treated as an involuntary separation due to a reduction in force.
(3) An employee with critical knowledge and skills (as defined by the
Secretary) may not participate in a voluntary separation under paragraph
(1)(A) if the Secretary determines that such participation would impair
the performance of the mission of the Department of Energy.
(j) Termination.--The authority to provide incentives under this
section terminates on March 31, 2007.
SEC. 3137. CONTINUATION OF PROCESSING, TREATMENT, AND
DISPOSITION OF LEGACY NUCLEAR MATERIALS.
(a) Continuation.--The Secretary of Energy shall continue operations
and maintain a high state of readiness at the F-canyon and H-canyon
facilities at the Savannah River Site, Aiken, South Carolina, and shall
provide technical staff necessary to operate and so maintain such
facilities.
(b) Limitation on Use of Funds for Decommissioning of F-Canyon
Facility.--No amounts authorized to be appropriated or otherwise made
available for the Department of Energy by this or any other Act may be
obligated or expended for purposes of commencing the decommissioning of
the F canyon facility at the Savannah River Site until the Secretary and
the Defense Nuclear Facilities Safety Board jointly submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the following:
(1) A certification that all materials present in the F-canyon
facility as of the date of the certification are safely stabilized.
(2) A certification whether or not the requirements applicable to
the F-canyon facility to meet the future needs of the United States for
fissile materials disposition can be met through full use of the
H-canyon facility at the Savannah River Site.
(3) If the certification required by paragraph (2) is that such
requirements cannot be met through such use of the H-canyon facility--
(A) an identification by the Secretary of each such requirement that
cannot be met through such use of the H-canyon facility; and
(B) for each requirement identified in subparagraph (A), the reasons
why that requirement cannot be met through such use of the H-canyon
facility and a description of the alternative capability for fissile
materials disposition that is needed to meet that requirement.
(c) Plan for Transfer of Long-Term Chemical Separation
Activities.--Not later than February 15, 2001, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a plan for
the transfer of all long-term chemical separation activities at the
Savannah River Site from the F-canyon facility to the H-canyon facility
commencing in fiscal year 2002.
SEC. 3138. CONTINGENT LIMITATION ON USE OF CERTAIN FUNDS
PENDING CERTIFICATIONS OF COMPLIANCE WITH FORMERLY UTILIZED SITES
REMEDIAL ACTION PROGRAM FUNDING PROHIBITION.
(a) Contingent Limitation on Availability of Funds for Certain Travel
Expenses.--Effective November 1, 2001, but subject to subsection (b), no
funds authorized to be appropriated or otherwise made available by this
or any other Act for the Department of Energy or the Department of the
Army may be obligated or expended for travel by--
(1) the Secretary of Energy or any officer or employee of the Office
of the Secretary of Energy; or
(2) the Chief of Engineers.
(b) Effective Date.--The limitation in subsection (a) shall not take
effect if before November 1, 2001, both of the following certifications
are submitted to the congressional defense committees:
(1) A certification by the Secretary of Energy that the Department
of Energy is in compliance with the requirements of section 3131 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106
65; 113 Stat. 925; 10 U.S.C. 2701 note).
(2) A certification by the Chief of Engineers that the Corps of
Engineers is in compliance with the requirements of that section.
(c) Termination.--If the limitation in subsection (a) takes effect,
the limitation shall cease to be in effect when both certifications
referred to in subsection (b) have been submitted to the congressional
defense committees.
SEC. 3139. CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES
LABORATORY AT IDAHO NATIONAL ENGINEERING AND ENVIRONMENTAL LABORATORY,
IDAHO FALLS, IDAHO.
(a) Authorization.--Of the amounts authorized to be appropriated by
paragraphs (2) and (3) of section 3102(a), not more than $400,000 may be
available to the Secretary of Energy for purposes of carrying out a
conceptual design for a Subsurface Geosciences Laboratory at Idaho
National Engineering and Environmental Laboratory, Idaho Falls, Idaho.
(b) Limitation.--None of the funds authorized to be appropriated by
subsection (a) may be obligated until 60 days after the date on which
the Secretary submits the report required by subsection (c).
(c) Report.--The Secretary of Energy shall submit to the
congressional defense committees a report on the proposed Subsurface
Geosciences Laboratory. The report shall include the following:
(1) Whether there is a need to conduct mesoscale experiments to meet
long-term clean-up requirements at Department of Energy sites.
(2) The possibility of using or modifying an existing structure or
facility to house a new capability for conducting mesoscale experiments.
(3) The estimated construction cost of the facility.
(4) The estimated annual operating cost of the facility.
(5) How the facility will use, integrate, and support the technical
expertise, capabilities, and requirements at other Department of Energy
and non-Department of Energy facilities.
(6) An analysis of costs, savings, and benefits which are unique to
the Idaho National Engineering and Environmental Laboratory.
SEC. 3140. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE
LIVERMORE NATIONAL LABORATORY, LIVERMORE, CALIFORNIA.
(a) New Baseline.--(1) Not more than 50 percent of the funds
available for the national ignition facility (Project 96 D 111) may be
obligated or expended until the Administrator for Nuclear Security
submits to the Committees on Armed Services of the Senate and House of
Representatives a report setting forth a new baseline plan for the
completion of the national ignition facility.
(2) The report shall include--
(A) the funding required for completion of the facility, set forth
in detail, year by year; and
(B) projected dates for the completion of program milestones,
including the date on which the first laser beams are expected to become
operational.
(b) Comptroller General Review of NIF Program.--(1) The Comptroller
General shall conduct a thorough review of the national ignition
facility program.
(2) Not later than March 31, 2001, the Comptroller General shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the review conducted under paragraph (1).
The report shall include the following:
(A) An analysis of--
(i) the role of the national ignition facility in ensuring the
safety and reliability of the nuclear stockpile of the United States;
(ii) the relationship of the national ignition facility program to
other significant programs to sustain the nuclear stockpile of the
United States; and
(iii) the potential effect of delays in the national ignition
facility program, and of a failure to complete significant program
objectives of the program, on the other significant programs to sustain
the nuclear stockpile of the United States, such as the Accelerated
Strategic Computing Initiative Program.
(B) A detailed description and analysis of the funds spent as of the
date of the report on the national ignition facility program.
(C) An assessment whether the new baseline plan for the national
ignition facility program submitted under subsection (a) includes clear
goals for that program, adequate and sustainable funding, and achievable
milestones for that program.
SEC. 3141. RIVER PROTECTION PROJECT, RICHLAND, WASHINGTON.
(a) Redesignation of Project.--The tank waste remediation system
environmental project, Richland, Washington, including all programs
relating to the retrieval and treatment of tank waste at the site at
Hanford, Washington, under the management of the Office of River
Protection, shall be known and designated as the ``River Protection
Project''. Any reference to that project in any law, regulation, map,
document, record, or other paper of the United States shall be
considered to be a reference to the River Protection Project.
(b) Management and Responsibility of Office of River
Protection.--Subsection (b) of section 3139 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105
261; 112 Stat. 2250) is amended--
(1) in paragraph (2), by striking ``managing all aspects of the''
and all that follows through the period and inserting ``managing,
consistent with the policy direction established by the Department, all
aspects of the River Protection Project, Richland, Washington.''; and
(2) by adding at the end the following new paragraph:
``(3)(A) The Assistant Secretary of Energy for Environmental
Management shall delegate in writing responsibility for the management
of the River Protection Project, Richland, Washington, to the head of
the Office.
``(B) Such delegation shall include, at a minimum, authorities for
contracting, financial management, safety, and general program
management that are equivalent to the authorities of managers of other
operations offices of the Department of Energy.
``(C) The head of the Office shall, to the maximum extent possible,
coordinate all activities of the Office with the manager of the Richland
Operations Office of the Department of Energy.''.
(c) Department Responsibilities.--Subsection (c) of such section is
amended--
(1) by striking ``manager'' and inserting ``head''; and
(2) by striking ``to manage'' and all that follows through the
period and inserting ``to carry out the responsibilities specified in
subsection (b)(2).''.
(d) Reporting to Congress.--Subsection (d) of such section is amended
to read as follows:
``(d) Report.--The Assistant Secretary of Energy for Environmental
Management shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives, not
later than 30 days after the date of the enactment of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001, a copy
of the delegation of authority required by subsection (b)(3).''.
SEC. 3142. REPORT ON TANK WASTE REMEDIATION SYSTEM, HANFORD
RESERVATION, RICHLAND, WASHINGTON.
Not later than December 15, 2000, the Secretary of Energy shall
submit to Congress a report on the Tank Waste Remediation System
project, Hanford Reservation, Richland, Washington. The report shall
include the following:
(1) A proposed plan for processing and stabilizing all nuclear waste
located in the Hanford Tank Farm.
(2) A proposed schedule for carrying out that proposed plan.
(3) The total estimated cost of carrying out that proposed plan.
(4) A description of any alternative options to that proposed plan
and a description of the costs and benefits of each such option.
(5) A description of the volumes and characteristics of any wastes
or materials that are not to be treated during phase 1(B) of the
project.
(6) A plan for developing, demonstrating, and implementing advanced
vitrification system technologies that can be used to treat and
stabilize any out-of-specification wastes or materials (such as
polychlorinated biphenyls) that cannot be treated and stabilized with
the technologies that are to be used during phase 1(B) of the project.
Subtitle D--Matters Relating to Management of National
Nuclear Security Administration
SEC. 3151. TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER
SECRETARY FOR NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY.
(a) Length of Term.--The term of office as Under Secretary for
Nuclear Security of the Department of Energy of the person first
appointed to that position shall be three years.
(b) Exclusive Reasons for Removal.--The exclusive reasons for removal
from office as Under Secretary for Nuclear Security of the person
described in subsection (a) shall be inefficiency, neglect of duty, or
malfeasance in office.
(c) Position Described.--The position of Under Secretary for Nuclear
Security of the Department of Energy referred to in this section is the
position established by subsection (c) of section 202 of the Department
of Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of
the National Nuclear Security Administration Act (title XXXII of Public
Law 106 65; 113 Stat. 954).
SEC. 3152. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY
ON THE JOINT NUCLEAR WEAPONS COUNCIL.
(a) Membership.--Section 179 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking paragraph (3) and inserting the
following new paragraph (3):
``(3) The Under Secretary for Nuclear Security of the Department of
Energy.''; and
(2) in subsection (b)(2), by striking ``the representative
designated under subsection (a)(3)'' and inserting ``the Under Secretary
for Nuclear Security of the Department of Energy''.
(b) Conforming Amendment.--Section 3212 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106 65; 113 Stat.
957; 50 U.S.C. 2402) is amended by adding at the end the following new
subsection:
``(e) Membership on Joint Nuclear Weapons Council.--The Administrator
serves as a member of the Joint Nuclear Weapons Council under section
179 of title 10, United States Code.''.
SEC. 3153. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) Plan Required.--Not later than May 1, 2001, the Administrator for
Nuclear Security shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a plan for assigning roles and responsibilities to and
among the headquarters and field organizational units of the National
Nuclear Security Administration.
(b) Plan Elements.--The plan shall include the following:
(1) A general description of the organizational structure of the
administrative functions of the National Nuclear Security Administration
under the plan, including the authorities and responsibilities to be
vested in the units of the headquarters, operations offices, and area
offices of the Administration.
(2) A description of any downsizing, elimination, or consolidation
of units of the headquarters, operations offices, and area offices of
the Administration that may be necessary to enhance the efficiency of
the Administration.
(3) A description of the modifications of staffing levels of the
headquarters, operations offices, and area offices of the
Administration, including any reductions in force, employment of
additional personnel, or realignments of personnel, that are necessary
to implement the plan.
(4) A schedule for the implementation of the plan.
(c) Included Facilities.--The plan shall address any administrative
units in the National Nuclear Security Administration, including units
in and under the following:
(1) The Department of Energy Headquarters, Washington, District of
Columbia, metropolitan area.
(2) The Albuquerque Operations Office, Albuquerque, New Mexico.
(3) The Nevada Operations Office, Las Vegas, Nevada.
(4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.
(5) The Oakland Operations Office, Oakland, California.
(6) The Savannah River Operations Office, Aiken, South Carolina.
(7) The Los Alamos Area Office, Los Alamos, New Mexico.
(8) The Kirtland Area Office, Albuquerque, New Mexico.
(9) The Amarillo Area Office, Amarillo, Texas.
(10) The Kansas City Area Office, Kansas City, Missouri.
SEC. 3154. REQUIRED CONTENTS OF FUTURE-YEARS NUCLEAR SECURITY PROGRAM.
(a) Contents Required.--Subsection (b) of section 3253 of the
National Nuclear Security Administration Act (title XXXII of Public Law
106 65; 113 Stat. 966; 50 U.S.C. 2453) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting before paragraph (4) (as redesignated by paragraph
(2)) the following new paragraphs:
``(1) A detailed description of the program elements (and the
projects, activities, and construction projects associated with each
such program element) during the applicable five-fiscal year period for
at least each of the following:
``(A) For defense programs--
``(i) directed stockpile work;
``(ii) campaigns;
``(iii) readiness in technical base and facilities; and
``(iv) secure transportation asset.
``(B) For defense nuclear nonproliferation--
``(i) nonproliferation and verification, research, and development;
``(ii) arms control; and
``(iii) fissile materials disposition.
``(C) For naval reactors, naval reactors operations and maintenance.
``(2) A statement of proposed budget authority, estimated
expenditures, and proposed appropriations necessary to support each
program element specified pursuant to paragraph (1).
``(3) A detailed description of how the funds identified for each
program element specified pursuant to paragraph (1) in the budget for
the Administration for each fiscal year during that five-fiscal year
period will help ensure that the nuclear weapons stockpile is safe and
reliable, as determined in accordance with the criteria established
under section 3158 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (42 U.S.C. 2121 note).''.
(b) Conforming Amendments.--Such section is further amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) and (e) as subsections (c) and
(d), respectively; and
(3) in subsection (d), as so redesignated, by striking ``subsection
(d)'' and inserting ``subsection (c)''.
SEC. 3155. FUTURE-YEARS NUCLEAR SECURITY PROGRAM FOR FISCAL YEAR 2001.
(a) Program Required.--(1) Without regard to any future-years nuclear
security program submitted before the date of the enactment of this Act,
the Administrator for Nuclear Security shall submit to the congressional
defense committees a future-years nuclear security program (including
associated annexes) for fiscal year 2001 and the five succeeding fiscal
years.
(2) The program shall reflect the estimated expenditures and proposed
appropriations included in the budget for fiscal year 2001 that was
submitted to Congress under section 1105(a) of title 31, United States
Code.
(b) Program Detail.--The level of detail of the program submitted
under subsection (a) shall be equivalent to the level of detail in the
Project Baseline Summary system of the Department of Energy, if
practicable, but in no event below the following:
(1) In the case of directed stockpile work, detail as follows:
(A) Stockpile research and development.
(B) Stockpile maintenance.
(C) Stockpile evaluation.
(D) Dismantlement and disposal.
(E) Production support.
(F) Field engineering, training, and manuals.
(2) In the case of campaigns, detail as follows:
(A) Primary certification.
(B) Dynamic materials properties.
(C) Advanced radiography.
(D) Secondary certification and nuclear system margins.
(E) Enhanced surety.
(F) Weapons system engineering certification.
(G) Certification in hostile environments.
(H) Enhanced surveillance.
(I) Advanced design and production technologies.
(J) Inertial confinement fusion (ICF) ignition and high yield.
(K) Defense computing and modeling.
(L) Pit manufacturing readiness.
(M) Secondary readiness.
(N) High explosive readiness.
(O) Nonnuclear readiness.
(P) Materials readiness.
(Q) Tritium readiness.
(3) In the case of readiness in technical base and facilities,
detail as follows:
(A) Operation of facilities.
(B) Program readiness.
(C) Special projects.
(D) Materials recycle and recovery.
(E) Containers.
(F) Storage.
(4) In the case of secure transportation assets, detail as follows:
(A) Operation and maintenance.
(B) Program direction relating to transportation.
(5) Program direction.
(6) Construction (listed by project number).
(7) In the case of safeguards and security, detail as follows:
(A) Operation and maintenance.
(B) Construction.
(c) Deadline for Submittal.--The future-years nuclear security
program required by subsection (a) shall be submitted not later than
November 1, 2000.
(d) Limitation on Use of Funds Pending Submittal.--Not more than 65
percent of the funds appropriated pursuant to the authorization of
appropriations in section 3101(a)(1)(C) or otherwise made available to
the Department of Energy for fiscal year 2001 for program direction in
carrying out weapons activities may be obligated or expended until 45
days after the date on which the Administrator for Nuclear Security
submits to the congressional defense committees the program required by
subsection (a).
SEC. 3156. ENGINEERING AND MANUFACTURING RESEARCH,
DEVELOPMENT, AND DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR
WEAPONS PRODUCTION PLANTS.
(a) Authority for Programs at Nuclear Weapons Productions
Facilities.--The Administrator for Nuclear Security shall authorize the
head of each nuclear weapons production facility to establish an
Engineering and Manufacturing Research, Development, and Demonstration
Program under this section.
(b) Projects and Activities.--The projects and activities carried out
through the program at a nuclear weapons production facility under this
section shall support innovative or high-risk design and manufacturing
concepts and technologies with potentially high payoff for the nuclear
weapons complex. Those projects and activities may include--
(1) replacement of obsolete or aging design and manufacturing
technologies;
(2) development of innovative agile manufacturing techniques and
processes; and
(3) training, recruitment, or retention of essential personnel in
critical engineering and manufacturing disciplines.
(c) Funding.--The Administrator may authorize the head of each
nuclear weapons production facility to obligate up to $3,000,000 of
funds within the Advanced Design and Production Technologies Campaign
available for such facility during fiscal year 2001 to carry out
projects and activities of the program under this section at that
facility.
(d) Report.--The Administrator for Nuclear Security shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, not later than September 15,
2001, a report describing, for each nuclear weapons production facility,
each project or activity for which funds were obligated under the
program, the criteria used in the selection of each such project or
activity, the potential benefits of each such project or activity, and
the Administrator's recommendation concerning whether the program should
be continued.
(e) Definition.--For purposes of this section, the term ``nuclear
weapons production facility'' has the meaning given that term in section
3281(2) of the National Nuclear Security Administration Act (title XXXII
of Public Law 106 65; 113 Stat. 968; 50 U.S.C. 2471(2)).
SEC. 3157. PROHIBITION ON INDIVIDUALS ENGAGING IN CONCURRENT
SERVICE OR DUTIES WITHIN NATIONAL NUCLEAR SECURITY ADMINISTRATION AND
OUTSIDE THAT ADMINISTRATION BUT WITHIN DEPARTMENT OF ENERGY.
Section 3213 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106 65; 113 Stat. 958; 50 U.S.C. 2403) is
amended--
(1) in subsection (a), by striking ``Administration,'' and all that
follows through ``function of the'';
(2) in subsection (b), by striking ``, in carrying out any function
of the Administration,''; and
(3) by adding at the end the following new subsection:
``(d) Prohibition on Dual Office Holding.--Except in accordance with
sections 3212(a)(2) and 3216(a)(1):
``(1) An individual may not concurrently hold or carry out the
responsibilities of--
``(A) a position within the Administration; and
``(B) a position within the Department of Energy not within the
Administration.
``(2) No funds appropriated or otherwise made available for any
fiscal year may be used to pay, to an individual who concurrently holds
or carries out the responsibilities of a position specified in paragraph
(1)(A) and a position specified in paragraph (1)(B), the basic pay,
salary, or other compensation relating to any such position.''.
SEC. 3158. ANNUAL PLAN FOR OBLIGATION OF FUNDS OF THE NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) Plan Required.--Section 3252 of the National Nuclear Security
Administration Act (title XXXII of Public Law 106 65; 113 Stat. 966; 50
U.S.C. 2452) is amended--
(1) by inserting ``(a) Procedures Required.--'' before ``The
Administrator shall''; and
(2) by adding at the end the following new subsections:
``(b) Annual Plan for Obligation of Funds.--(1) Each year, the
Administrator shall prepare a plan for the obligation of the amounts
that, in the President's budget submitted to Congress that year under
section 1105(a) of title 31, United States Code, are proposed to be
appropriated for the Administration for the fiscal year that begins in
that year (in this section referred to as the `budget year') and the two
succeeding fiscal years.
``(2) For each program element and construction line item of the
Administration, the plan shall provide the goal of the Administration
for the obligation of those amounts for that element or item for each
fiscal year of the plan, expressed as a percentage of the total amount
proposed to be appropriated in that budget for that element or item.
``(c) Submission of Plan and Report.--The Administrator shall submit
to Congress each year, at or about the time that the President's budget
is submitted to Congress under section 1105(a) of title 31, United
States Code, each of the following:
``(1) The plan required by subsection (b) prepared with respect to
that budget.
``(2) A report on the plans prepared with respect to the preceding
years' budgets, which shall include, for each goal provided in those
plans--
``(A) the assessment of the Administrator as to whether or not that
goal was met; and
``(B) if that assessment is that the goal was not met--
``(i) the reasons why that goal was not met; and
``(ii) the plan of the Administrator for meeting or, if necessary,
adjusting that goal.''.
(b) Effective Date of Requirement to Assess Prior Plan.--The first
report submitted under paragraph (2) of subsection (c) of such section
(as added by subsection (a)) shall be the report on the plan prepared
with respect to the budget submitted in calendar year 2001.
(c) GAO Report.--Not later than March 15, 2001, the Comptroller
General shall submit to the congressional defense committees an
assessment of the adequacy of the planning, programming, and budgeting
processes of the National Nuclear Security Administration.
SEC. 3159. AUTHORITY TO REORGANIZE NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Reorganization Authority.--Section 3212 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106 65; 113 Stat.
957; 50 U.S.C. 2402) is amended by adding at the end the following new
subsection:
``(e) Reorganization Authority.--Except as provided by subsections
(b) and (c) of section 3291:
``(1) The Administrator may establish, abolish, alter, consolidate,
or discontinue any organizational unit or component of the
Administration, or transfer any function of the Administration.
``(2) Such authority does not apply to the abolition of
organizational units or components established by law or the transfer of
functions vested by law in any organizational unit or component.''.
(b) Conforming Amendments.--Section 643 of the Department of Energy
Organization Act (42 U.S.C. 7253) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) Except as
provided in subsection (b), the Secretary''; and
(2) by adding at the end the following new subsection:
``(b) The authority of the Secretary under subsection (a) does not
apply to the National Nuclear Security Administration. The corresponding
authority that applies to the Administration is set forth in section
3212(e) of the National Nuclear Security Administration Act.''.
Subtitle E--National Laboratories Partnership Improvement
SEC. 3161. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.
(a) Establishment.--The Administrator for Nuclear Security shall
establish a Technology Infrastructure Pilot Program in accordance with
this section.
(b) Purpose.--The purpose of the program shall be to explore new
methods of collaboration and improvements in the management and
effectiveness of collaborative programs carried out by the national
security laboratories and nuclear weapons production facilities in
partnership with private industry and institutions of higher education
and to improve the ability of those laboratories and facilities to
support missions of the Administration.
(c) Funding.--(1) Except as provided in paragraph (2), funding shall
be available for the pilot program only to the extent of specific
authorizations and appropriations enacted after the date of the
enactment of this Act.
(2) From amounts available in fiscal years 2001 and 2002 for
technology partnership programs of the Administration, the Administrator
may allocate to carry out the pilot program not more than $5,000,000.
(d) Project Requirements.--A project may not be approved for the
pilot program unless the project meets the following requirements:
(1) The participants in the project include--
(A) a national security laboratory or nuclear weapons production
facility; and
(B) one or more of the following:
(i) A business.
(ii) An institution of higher education.
(iii) A nonprofit institution.
(iv) An agency of a State, local, or tribal government.
(2)(A) Not less than 50 percent of the costs of the project are to
be provided by non-Federal sources.
(B)(i) The calculation of the amount of the costs of the project
provided by non-Federal sources shall include cash, personnel, services,
equipment, and other resources expended on the project.
(ii) No funds or other resources expended before the start of the
project or outside the project's scope of work may be credited toward
the costs provided by non-Federal sources to the project.
(3) The project (other than in the case of a project under which the
participating laboratory or facility receives funding under this
section) shall be competitively selected by that laboratory or facility
using procedures determined to be appropriate by the Administrator.
(4) No Federal funds shall be made available under this section for--
(A) construction; or
(B) any project for more than five years.
(e) Selection Criteria.--(1) The projects selected for the pilot
program shall--
(A) stimulate the development of technology expertise and
capabilities in private industry and institutions of higher education
that can support the nuclear weapons and nuclear nonproliferation
missions of the national security laboratories and nuclear weapons
production facilities on a continuing basis;
(B) improve the ability of those laboratories and facilities benefit
from commercial research, technology, products, processes, and services
that can support the nuclear weapons and nuclear nonproliferation
missions of those laboratories and facilities on a continuing basis; and
(C) encourage the exchange of scientific and technological expertise
between those laboratories and facilities and--
(i) institutions of higher education;
(ii) technology-related business concerns;
(iii) nonprofit institutions; and
(iv) agencies of State, tribal, or local governments;
that can support the missions of those laboratories and facilities.
(2) The Administrator may authorize the provision of Federal funds
for a project under this section only if the director of the laboratory
or facility managing the project determines that the project is likely
to improve the ability of that laboratory or facility to achieve
technical success in meeting nuclear weapons and nuclear
nonproliferation missions of the Administration.
(3) The Administrator shall require the director of the laboratory or
facility to consider the following criteria in selecting a project to
receive Federal funds:
(A) The potential of the project to succeed, based on its technical
merit, team members, management approach, resources, and project plan.
(B) The potential of the project to promote the development of a
commercially sustainable technology, determined by considering whether
the project will derive sufficient demand for its products or services
from the private sector to support the nuclear weapons and nuclear
nonproliferation missions of the participating laboratory or facility on
a continuing basis.
(C) The potential of the project to promote the use of commercial
research, technology, products, processes, and services by the
participating laboratory or facility to achieve its nuclear weapons and
nuclear nonproliferation missions.
(D) The commitment shown by non-Federal organizations to the
project, based primarily on the nature and amount of the financial and
other resources they will risk on the project.
(E) The extent to which the project involves a wide variety and
number of institutions of higher education, nonprofit institutions, and
technology-related business concerns that can support the nuclear
weapons and nuclear nonproliferation missions of the participating
laboratory or facility on a continuing basis and that will make
substantive contributions to achieving the goals of the project.
(F) The extent of participation in the project by agencies of State,
tribal, or local governments that will make substantive contributions to
achieving the goals of the project.
(G) The extent to which the project focuses on promoting the
development of technology-related business concerns that are small
business concerns or involves small business concerns substantively in
the project.
(f) Implementation Plan.--No funds may be allocated for the pilot
program until 30 days after the date on which the Administrator submits
to the congressional defense committees a plan for the implementation of
the pilot program. The plan shall, at a minimum--
(1) identify the national security laboratories and nuclear weapons
production facilities that have been designated by the Administrator to
participate in the pilot program; and
(2) with respect to each laboratory or facility identified under
paragraph (1)--
(A) identify the businesses, institutions of higher education,
nonprofit institutions, and agencies of State, local, or tribal
government that are expected to participate in the pilot program at that
laboratory or facility;
(B) identify the technology areas to be addressed by the pilot
program at that laboratory or facility and the manner in which the pilot
program will support high-priority missions of that laboratory or
facility on a continuing basis; and
(C) describe the management controls that have been put into place
to ensure that the pilot program as conducted at that laboratory or
facility is conducted in a cost-effective manner consistent with the
objectives of the pilot program.
(g) Report on Implementation.--(1) Not later than February 1, 2002,
the Administrator shall submit to the congressional defense committees a
report on the implementation and management of the pilot program. The
report shall take into consideration the results of the pilot program to
date and the views of the directors of the participating laboratories
and facilities. The report shall include any recommendations the
Administrator may have concerning the future of the pilot program.
(2) Not later than 30 days after the date on which the Administrator
submits the report required by paragraph (1), the Comptroller General
shall submit to the congressional defense committees a report containing
the Comptroller General's assessment of that report.
SEC. 3162. REPORT ON SMALL BUSINESS PARTICIPATION IN NATIONAL
NUCLEAR SECURITY ADMINISTRATION ACTIVITIES.
(a) Report Required.--Not later than February 15, 2001, the
Administrator for Nuclear Security shall submit to the congressional
defense committees a report on small business participation in the
activities of the National Nuclear Security Administration.
(b) Contents of Report.--The report shall include the following:
(1) A description of the scope and nature of the efforts of the
National Nuclear Security Administration as of the date of the enactment
of this Act to encourage or increase participation of small business
concerns in procurements, collaborative research, technology licensing,
and technology transfer activities carried out by the national security
laboratories or nuclear weapons production facilities.
(2) An assessment of the effectiveness of those efforts in securing
products and services of value to those laboratories and facilities.
(3) Recommendations on how to improve those efforts.
(4) An identification of legislative changes required to implement
those recommendations.
SEC. 3163. STUDY AND REPORT RELATED TO IMPROVING MISSION
EFFECTIVENESS, PARTNERSHIPS, AND TECHNOLOGY TRANSFER AT NATIONAL
SECURITY LABORATORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES.
(a) Study and Report Required.--The Secretary of Energy shall direct
the Secretary of Energy Advisory Board to study and to submit to the
Secretary not later than one year after the date of the enactment of
this Act a report regarding the following topics:
(1) The advantages and disadvantages of providing the Administrator
for Nuclear Security with authority, notwithstanding the limitations
otherwise imposed by the Federal Acquisition Regulation, to enter into
transactions with public agencies, private organizations, or individuals
on terms the Administrator considers appropriate to the furtherance of
basic, applied, and advanced research functions. The Advisory Board
shall consider, in its assessment of this authority, the management
history of the Department of Energy and the effect of this authority on
the National Nuclear Security Administration's use of contractors to
operate the national security laboratories.
(2) The advantages and disadvantages of establishing and
implementing policies and procedures to facilitate the transfer of
scientific, technical, and professional personnel among national
security laboratories and nuclear weapons production facilities.
(3) The advantages and disadvantages of making changes in--
(A) the indemnification requirements for patents or other
intellectual property licensed from a national security laboratory or
nuclear weapons production facility;
(B) the royalty and fee schedules and types of compensation that may
be used for patents or other intellectual property licensed to a small
business concern from a national security laboratory or nuclear weapons
production facility;
(C) the licensing procedures and requirements for patents and other
intellectual property;
(D) the rights given to a small business concern that has licensed a
patent or other intellectual property from a national security
laboratory or nuclear weapons production facility to bring suit against
third parties infringing such intellectual property;
(E) the advance funding requirements for a small business concern
funding a project at a national security laboratory or nuclear weapons
production facility through a funds-in agreement;
(F) the intellectual property rights allocated to a business when it
is funding a project at a national security laboratory or nuclear
weapons production facility through a funds-in agreement; and
(G) policies on royalty payments to inventors employed by a
contractor operating a national security laboratory or nuclear weapons
production facility, including those for inventions made under a
funds-in agreement.
(b) Definition of Funds-In Agreement.--For the purposes of this
section, the term ``funds-in agreement'' means a contract between the
Department and a non-Federal organization under which that organization
pays the Department to provide a service or material not otherwise
available in the domestic private sector.
(c) Submission to Congress.--Not later than one month after receiving
the report under subsection (a), the Secretary shall submit to Congress
that report, along with the Secretary's recommendations for action and
proposals for legislation to implement the recommendations.
SEC. 3164. REPORT ON EFFECTIVENESS OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION TECHNOLOGY DEVELOPMENT PARTNERSHIPS WITH
NON-FEDERAL ENTITIES.
(a) Report Required.--The Administrator for Nuclear Security shall
submit to Congress, not later than March 1, 2001, a report on the
efficiency and effectiveness with which the National Nuclear Security
Administration and its laboratories and facilities carry out technology
development activities in partnership with non-Federal entities,
including cooperative research and development agreements. The report
shall include an examination of the following matters with respect to
the carrying out of those activities:
(1) Funding sources available to and used by the Administration.
(2) Types of legal instruments used by the Administration, and the
extent to which they are used.
(3) Procedures used for selection of participants.
(4) Intellectual property licensing and royalty provisions.
(5) New technologies developed.
(6) The extent to which those new technologies have--
(A) commercial utility; and
(B) utility to the nuclear weapons and nuclear nonproliferation
missions of the Administration.
(b) Additional Requirements for Cooperative Research and Development
Agreements.--(1) The report required by subsection (a) shall include a
section providing the following with respect to cooperative research and
development agreements:
(A) An assessment of the advantages and disadvantages of such
agreements.
(B) Any recommendations of the Administrator regarding the use of
such agreements by the Administration in the future, including any
appropriate funding levels.
(C) Any recommendations of the Administrator regarding legislation
to make such agreements more effective in supporting the
Administration's core nuclear weapons and nuclear non-proliferation
missions.
(2) In this subsection, the term ``cooperative research and
development agreement'' has the meaning given such term in section
12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(d)(1)).
(c) GAO Review.--The Comptroller General shall submit to Congress,
within 30 days after the submission of the report required by subsection
(a), a report containing the Comptroller General's assessment of that
report.
SEC. 3165. DEFINITIONS.
For purposes of this subtitle, the terms ``national security
laboratory'' and ``nuclear weapons production facility'' have the
meanings given such terms in section 3281 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106 65; 113 Stat.
968; 50 U.S.C. 2471).
Subtitle F--Matters Relating to Defense Nuclear Nonproliferation
SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS
PROTECTION, CONTROL, AND ACCOUNTING PROGRAM.
(a) Report Required.--Not later than January 1 of each year, the
Secretary of Energy shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the status of efforts during the preceding
fiscal year under the Nuclear Materials Protection, Control, and
Accounting Program of the Department of Energy to secure weapons-usable
nuclear materials in Russia that have been identified as being at risk
for theft or diversion.
(b) Contents.--Each report under subsection (a) shall include the
following:
(1) The number of buildings, including building locations, that
received complete and integrated materials protection, control, and
accounting systems for nuclear materials described in subsection (a)
during the year covered by such report.
(2) The amounts of highly enriched uranium and plutonium in Russia
that have been secured under systems described in paragraph (1) as of
the date of such report.
(3) The amount of nuclear materials described in subsection (a) that
continues to require securing under systems described in paragraph (1)
as of the date of such report.
(4) A plan for actions to secure the nuclear materials identified in
paragraph (3) under systems described in paragraph (1), including an
estimate of the cost of such actions.
(5) The amounts expended through the fiscal year preceding the date
of such report to secure nuclear materials described in subsection (a)
under systems described in paragraph (1), set forth by total amount and
by amount per fiscal year.
(c) Limitation on Use of Certain Funds.--(1) No amounts authorized to
be appropriated for the Department of Energy by this Act or any other
Act for purposes of the Nuclear Materials Protection, Control, and
Accounting Program may be obligated or expended after September 30,
2000, for any project under the program at a site controlled by the
Russian Ministry of Atomic Energy (MINATOM) in Russia until the
Secretary submits to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a report
on the access policy established with respect to such project, including
a certification that the access policy has been implemented.
(2) The access policy with respect to a project under this subsection
shall--
(A) permit appropriate determinations by United States officials
regarding security requirements, including security upgrades, for the
project; and
(B) ensure verification by United States officials that Department
of Energy assistance at the project is being used for the purposes
intended.
SEC. 3172. NUCLEAR CITIES INITIATIVE.
(a) In General.--(1) The Secretary of Energy may, in accordance with
the provisions of this section, expand and enhance the activities of the
Department of Energy under the Nuclear Cities Initiative.
(2) In this section, the term ``Nuclear Cities Initiative'' means the
initiative arising pursuant to the joint statement dated July 24, 1998,
signed by the Vice President of the United States and the Prime Minister
of the Russian Federation and the agreement dated September 22, 1998,
between the United States and the Russian Federation.
(b) Funding for Fiscal Year 2001.--There is hereby authorized to be
appropriated for the Department of Energy for fiscal year 2001
$30,000,000 for purposes of the Nuclear Cities Initiative.
(c) Limitation Pending Submission of Agreement.--No amount authorized
to be appropriated or otherwise made available for the Department of
Energy for fiscal year 2001 for the Nuclear Cities Initiative may be
obligated or expended to provide assistance under the Initiative for
more than three nuclear cities in Russia and two serial production
facilities in Russia until 30 days after the date on which the Secretary
of Energy submits to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a copy
of a written agreement between the United States Government and the
Government of the Russian Federation which provides that Russia will
close some of its facilities engaged in nuclear weapons assembly and
disassembly work.
(d) Limitation Pending Implementation of Project Review
Procedures.--(1) Not more than $8,750,000 of the amounts referred to in
subsection (b) may be obligated or expended for purposes of the
Initiative until the Secretary of Energy establishes and implements
project review procedures for projects under the Initiative and submits
to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the project
review procedures so established and implemented.
(2) The project review procedures established under paragraph (1)
shall ensure that any scientific, technical, or commercial project
initiated under the Initiative--
(A) will not enhance the military or weapons of mass destruction
capabilities of Russia;
(B) will not result in the inadvertent transfer or utilization of
products or activities under such project for military purposes;
(C) will be commercially viable; and
(D) will be carried out in conjunction with an appropriate
commercial, industrial, or nonprofit entity as partner.
(e) Limitation Pending Certification and Report.--No amount in excess
of $17,500,000 authorized to be appropriated for the Department of
Energy for fiscal year 2001 for the Nuclear Cities Initiative may be
obligated or expended for purposes of providing assistance under the
Initiative until 30 days after the date on which the Secretary of Energy
submits to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives the
following:
(1) A copy of the written agreement between the United States and
the Russian Federation which provides that Russia will close some of its
facilities engaged in nuclear weapons assembly and disassembly work
within five years of the date of the agreement in exchange for receiving
assistance through the Initiative.
(2) A certification by the Secretary--
(A) that project review procedures for all projects under the
Initiative have been established and are being implemented; and
(B) that those procedures will ensure that any scientific,
technical, or commercial project initiated under the Initiative--
(i) will not enhance the military or weapons of mass destruction
capabilities of Russia;
(ii) will not result in the inadvertent transfer or utilization of
products or activities under such project for military purposes;
(iii) will be commercially viable within three years after the date
of the initiation of the project; and
(iv) will be carried out in conjunction with an appropriate
commercial, industrial, or other nonprofit entity as partner.
(3) A report setting forth the following:
(A) A description of the project review procedures process.
(B) A list of the projects under the Initiative that have been
reviewed under such project review procedures.
(C) A description for each project listed under subparagraph (B) of
the purpose, expected life-cycle costs, out-year budget costs,
participants, commercial viability, expected time for income generation,
and number of Russian jobs created.
(f) Plan for Restructuring the Russian Nuclear Complex.--(1) The
President, acting through the Secretary of Energy, is urged to enter
into discussions with the Russian Federation for purposes of the
development by the Russian Federation of a plan to restructure the
Russian nuclear complex in order to meet changes in the national
security requirements of Russia by 2010.
(2) The plan under paragraph (1) should include the following:
(A) Mechanisms to consolidate the nuclear weapons production
capacity in Russia to a capacity that is consistent with the obligations
of Russia under current and future arms control agreements.
(B) Mechanisms to increase transparency regarding the restructuring
of the Russian nuclear complex and weapons-surplus nuclear materials
inventories in Russia to the levels of transparency for such matters in
the United States, including the participation of Department of Energy
officials with expertise in transparency of such matters.
(C) Measurable milestones that will permit the United States and the
Russian Federation to monitor progress under the plan.
(g) Encouragement of Careers in Nonproliferation.--(1) In carrying
out actions under this section, the Secretary of Energy may carry out a
program to encourage students in the United States and in the Russian
Federation to pursue careers in areas relating to nonproliferation.
(2) Of the amounts made available under the Initiative for fiscal
year 2001 in excess of $17,500,000, up to $2,000,000 shall be available
for purposes of the program under paragraph (1).
(3) The Administrator for Nuclear Security shall notify the Committee
on Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives before any funds are expended pursuant to
paragraph (2). Any such notification shall include--
(A) an identification of the amount to be expended under paragraph
(2) during fiscal year 2001;
(B) the recipients of the funds; and
(C) specific information on the activities that will be conducted
using those funds.
(h) Definitions.--In this section:
(1) The term ``nuclear city'' means any of the closed nuclear cities
within the complex of the Russian Ministry of Atomic Energy as follows:
(A) Sarov (Arzamas 16).
(B) Zarechnyy (Penza 19).
(C) Novoural'sk (Sverdlovsk 44).
(D) Lesnoy (Sverdlovsk 45).
(E) Ozersk (Chelyabinsk 65).
(F) Snezhinsk (Chelyabinsk 70).
(G) Trechgornyy (Zlatoust 36).
(H) Seversk (Tomsk 7).
(I) Zheleznogorsk (Krasnoyarsk 26).
(J) Zelenogorsk (Krasnoyarsk 45).
(2) The term ``Russian nuclear complex'' means all of the nuclear
cities.
(3) The term ``serial production facilities'' means the facilities
in Russia that are located at the following cities:
(A) Avangard.
(B) Lesnoy (Sverdlovsk 45).
(C) Trechgornyy (Zlatoust 36).
(D) Zarechnyy (Penza 19).
SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITORING.
(a) Report Required.--Not later than March 1, 2001, the Secretary of
Energy shall submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a report
on the efforts of the Department of Energy to ensure adequate oversight
and accountability of the Department's nonproliferation programs in
Russia and the potential costs and effects of the use of on-the-ground
monitoring for the Department's significant nonproliferation programs in
Russia. The report shall include the following:
(1) A detailed discussion of the current management and oversight
mechanisms used to ensure that Federal funds are expended for the
intended purposes of those programs and that the projects are achieving
their intended objectives.
(2) An evaluation of whether those mechanisms are adequate.
(3) A discussion of whether there is a need for additional employees
of the Department, or of contractors of the Department, to be stationed
in Russia, or to visit nonproliferation project sites in Russia on a
regular basis, to monitor the programs carried out at those sites, and
an estimate of the practical considerations and costs of such
monitoring.
(4) An identification of each nonproliferation program and each site
at which an employee referred to in paragraph (3) would be placed to
monitor that program.
(5) A description of the costs associated with continued
on-the-ground monitoring of those programs, including the costs
associated with placing those employees in Russia.
(6) Recommendations regarding the most cost-effective option for the
Department to pursue to ensure that Federal funds for those programs are
expended for the intended purposes of those programs.
(7) Any recommendations of the Secretary for further improvements in
the oversight and accountability of those programs, including any
proposed legislation.
(b) GAO Report.--Not later than April 15, 2001, the Comptroller
General shall submit to the committees referred to in subsection (a) a
report setting forth the assessment of the Comptroller General
concerning the information contained in the report required by that
subsection.
SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION OF
NONPROLIFERATION PROGRAMS.
It is the sense of Congress that there should be clear and effective
coordination among--
(1) the Nuclear Cities Initiative;
(2) the Initiatives for Proliferation Prevention program;
(3) the Cooperative Threat Reduction programs;
(4) the Nuclear Materials Protection, Control, and Accounting
Program; and
(5) the International Science and Technology Center program.
SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL
NUCLEAR SAFETY PROGRAM.
Amounts authorized to be appropriated or otherwise made available by
this title for the Department of Energy for fiscal year 2001 for the
International Nuclear Safety Program in the former Soviet Union and
Eastern Europe shall be available only for purposes of reactor safety
upgrades and training relating to nuclear operator and reactor safety.
Subtitle G--Other Matters
SEC. 3191. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103 337; 42 U.S.C. 7231 note) is amended by
striking ``September 30, 2000'' and inserting ``September 30, 2002''.
SEC. 3192. BIENNIAL REPORT CONTAINING UPDATE ON NUCLEAR TEST
READINESS POSTURES.
Section 3152 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104 106; 110 Stat. 623) is amended--
(1) by inserting ``(a) Report.--'' before ``Not later than February
15, 1996,''; and
(2) by adding at the end the following:
``(b) Biennial Update Report.--(1) Not later than February 15 of each
odd-numbered year, the Secretary shall submit to the congressional
defense committees a report containing an update of the report required
under subsection (a), as updated by any report previously submitted
under this paragraph.
``(2) Each report under paragraph (1) shall include, as of the date
of such report, the following:
``(A) A list and description of the workforce skills and
capabilities that are essential to carry out underground nuclear tests
at the Nevada Test Site.
``(B) A list and description of the infrastructure and physical
plant that are essential to carry out underground nuclear tests at the
Nevada Test Site.
``(C) A description of the readiness status of the skills and
capabilities described in subparagraph (A) and of the infrastructure and
physical plant described in subparagraph (B).
``(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
SEC. 3193. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF
RESTRICTED DATA AND FORMERLY RESTRICTED DATA.
(a) Frequency of Reports.--Section 3161(f)(2) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law 105
261; 112 Stat. 2261; 50 U.S.C. 435 note) is amended to read as follows:
``(2) The Secretary of Energy shall, on a quarterly basis, submit a
report to the committees and Assistant to the President specified in
subsection (d). The report shall state whether any inadvertent releases
described in paragraph (1) occurred during the immediately preceding
quarter and, if so, shall identify each such release.''.
(b) Effective Date.--The amendment made by subsection (a) apply with
respect to inadvertent releases of Restricted Data and Formerly
Restricted Data that are discovered on or after the date of the
enactment of this Act.
SEC. 3194. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR
RELIABILITY OF THE NUCLEAR WEAPONS STOCKPILE.
Any certification submitted to the President by the Secretary of
Defense or the Secretary of Energy regarding confidence in the safety or
reliability of a nuclear weapon type in the United States nuclear
weapons stockpile shall be submitted in classified form only.
SEC. 3195. AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION TO
DEPARTMENT OF ENERGY AND CONTRACTOR EMPLOYEES FOR EXEMPLARY SERVICE IN
STOCKPILE STEWARDSHIP AND SECURITY.
(a) Authority To Present Certificate of Commendation.--The Secretary
of Energy may present a certificate of commendation to any current or
former employee of the Department of Energy, and any current or former
employee of a Department contractor, whose service to the Department in
matters relating to stockpile stewardship and security assisted the
Department in furthering the national security interests of the United
States.
(b) Certificate.--The certificate of commendation presented to a
current or former employee under subsection (a) shall include an
appropriate citation of the service of the current or former employee
described in that subsection, including a citation for dedication,
intellect, and sacrifice in furthering the national security interests
of the United States by maintaining a strong, safe, and viable United
States nuclear deterrent during the Cold War or thereafter.
(c) Department of Energy Defined.--For purposes of this section, the
term ``Department of Energy'' includes any predecessor agency of the
Department of Energy.
SEC. 3196. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR
GOVERNMENT-OWNED, CONTRACTOR-OPERATED LABORATORIES.
(a) Strategic Plans.--Subsection (a) of section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is
amended by striking ``joint work statement,'' and inserting ``joint work
statement or, if permitted by the agency, in an agency-approved annual
strategic plan,''.
(b) Experimental Federal Waivers.--Subsection (b) of that section is
amended by adding at the end the following new paragraph:
``(6)(A) In the case of a laboratory that is part of the National
Nuclear Security Administration, a designated official of that
Administration may waive any license retained by the Government under
paragraph (1)(A), (2), or (3)(D), in whole or in part and according to
negotiated terms and conditions, if the designated official finds that
the retention of the license by the Government would substantially
inhibit the commercialization of an invention that would otherwise serve
an important national security mission.
``(B) The authority to grant a waiver under subparagraph (A) shall
expire on the date that is five years after the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001. The expiration under the preceding sentence of authority to grant
a waiver under subparagraph (A) shall not affect any waiver granted
under that subparagraph before the expiration of such authority.
``(C) Not later than February 15 of each year, the Administrator for
Nuclear Security shall submit to Congress a report on any waivers
granted under this paragraph during the preceding year.''.
(c) Time Required for Approval.--Subsection (c)(5) of that section is
amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (C); and
(3) in subparagraph (C), as so redesignated--
(A) in clause (i)--
(i) by striking ``with a small business firm''; and
(ii) by inserting ``if'' after ``statement''; and
(B) by adding at the end the following new clauses:
``(iv) Any agency that has contracted with a non-Federal entity to
operate a laboratory may develop and provide to such laboratory one or
more model cooperative research and development agreements for purposes
of standardizing practices and procedures, resolving common legal
issues, and enabling review of cooperative research and development
agreements to be carried out in a routine and prompt manner.
``(v) A Federal agency may waive the requirements of clause (i) or
(ii) under such circumstances as the agency considers appropriate.''.
SEC. 3197. OFFICE OF ARCTIC ENERGY.
(a) Establishment.--The Secretary of Energy may establish within the
Department of Energy an Office of Arctic Energy.
(b) Purposes.--The purposes of such office shall be as follows:
(1) To promote research, development, and deployment of electric
power technology that is cost-effective and especially well suited to
meet the needs of rural and remote regions of the United States,
especially where permafrost is present or located nearby.
(2) To promote research, development, and deployment in such regions
of--
(A) enhanced oil recovery technology, including heavy oil recovery,
reinjection of carbon, and extended reach drilling technologies;
(B) gas-to-liquids technology and liquified natural gas (including
associated transportation systems);
(C) small hydroelectric facilities, river turbines, and tidal power;
(D) natural gas hydrates, coal bed methane, and shallow bed natural
gas; and
(E) alternative energy, including wind, geothermal, and fuel cells.
(c) Location.--The Secretary shall locate such office at a university
with expertise and experience in the matters specified in subsection
(b).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2001,
$18,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Increased receipts under prior disposal authority.
Sec. 3303. Disposal of titanium.
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2001, the
National Defense Stockpile Manager may obligate up to $71,000,000 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of such section, including the
disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection (a)
if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3302. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.
Section 3303(a)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105 261; 112 Stat.
2263; 50 U.S.C. 98d note) is amended by striking ``$590,000,000'' and
inserting ``$720,000,000''.
SEC. 3303. DISPOSAL OF TITANIUM.
(a) Disposal Required.--Notwithstanding any other provision of law,
the President shall, by September 30, 2010, dispose of 30,000 short tons
of titanium contained in the National Defense Stockpile.
(b) Treatment of Receipts.--Notwithstanding section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), of
the funds received as a result of the disposal of titanium under
subsection (a), $6,000,000 shall be transferred to the American Battle
Monuments Commission for deposit in the fund established under section
2113 of title 36, United States Code, for the World War II memorial
authorized by section 1 of Public Law 103 32 (107 Stat. 90), and the
remainder shall be deposited into the Treasury as miscellaneous
receipts.
(c) World War II Memorial.--(1) The amount transferred to the
American Battle Monuments Commission under subsection (b) shall be used
to complete all necessary requirements for the design of, ground
breaking for, construction of, maintenance of, and dedication of the
World War II memorial. The Commission shall determine how the amount
shall be apportioned among such purposes.
(2) Any funds not necessary for the purposes set forth in paragraph
(1) shall be transferred to and deposited in the general fund of the
Treasury.
(d) Relationship to Other Disposal Authority.--The disposal authority
provided in subsection (a) is new disposal authority and is in addition
to, and shall not affect, any other disposal authority provided by law
regarding materials in the National Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Minimum price of petroleum sold from certain naval
petroleum reserves.
Sec. 3402. Repeal of authority to contract for cooperative or unit
plans affecting naval petroleum reserve numbered 1.
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.
SEC. 3401. MINIMUM PRICE OF PETROLEUM SOLD FROM CERTAIN NAVAL
PETROLEUM RESERVES.
Section 7430(b)(2) of title 10, United States Code, is amended--
(1) in the matter before subparagraph (A), by striking ``Naval
Petroleum Reserves Numbered 1, 2, and 3'' and inserting ``Naval
Petroleum Reserves Numbered 2 and 3''; and
(2) in subparagraph (A), by striking ``90 percent of''.
SEC. 3402. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR
UNIT PLANS AFFECTING NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) Repeal.--Section 7426 of title 10, United States Code, is
repealed.
(b) Conforming and Clerical Amendments.--(1) Section 7425 of such
title is amended by striking ``for--'' and all that follows through ``he
may acquire'' and inserting ``for exchanges of land or agreements for
conservation authorized by section 7424 of this title, the Secretary may
acquire''.
(2) Section 7428 of such title is amended by striking ``, except a
plan authorized by section 7426 of this title,''.
(3) The table of sections at the beginning of chapter 641 of such
title is amended by striking the item relating to section 7426.
(c) Savings Provision.--The repeal of section 7426 of title 10,
United States Code, shall not affect the validity of contracts that are
in effect under such section on the day before the date of the enactment
of this Act. No such contract may be extended or renewed on or after the
date of the enactment of this Act.
SEC. 3403. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
(a) Transfer to Indian Tribe.--Section 3405 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420
note; Public Law 105 261) is amended to read as follows:
``SEC. 3405. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
``(a) Definitions.--In this section:
``(1) NOSR 2.--The term `NOSR 2' means Oil Shale Reserve Numbered 2,
as identified on a map on file in the Office of the Secretary of the
Interior.
``(2) Moab site.--The term `Moab site' means the Moab uranium
milling site located approximately three miles northwest of Moab, Utah,
and identified in the Final Environmental Impact Statement issued by the
Nuclear Regulatory Commission in March 1996 in conjunction with Source
Materials License No. SUA 917.
``(3) Map.--The term ``map'' means the map depicting the boundaries
of NOSR 2, to be kept on file and available for public inspection in the
offices of the Department of the Interior.
``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe of the
Uintah and Ouray Indian Reservation.
``(5) Trustee.--The term `Trustee' means the Trustee of the Moab
Mill Reclamation Trust.
``(b) Conveyance.--(1) Except as provided in paragraph (2) and
subsection (e), all right, title, and interest of the United States in
and to all Federal lands within the exterior boundaries of NOSR 2
(including surface and mineral rights) are hereby conveyed to the Tribe
in fee simple. The Secretary of Energy shall execute and file in the
appropriate office a deed or other instrument effectuating the
conveyance made by this section.
``(2) The conveyance under paragraph (1) does not include the
following:
``(A) The portion of the bed of Green River contained entirely
within NOSR 2, as depicted on the map.
``(B) The land (including surface and mineral rights) to the west of
the Green River within NOSR 2, as depicted on the map.
``(C) A \1/4\ mile scenic easement on the east side of the Green
River within NOSR 2.
``(c) Conditions on Conveyance.--(1) The conveyance under subsection
(b) is subject to valid existing rights in effect on the day before the
date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
``(2) On completion of the conveyance under subsection (b), the
United States relinquishes all management authority over the conveyed
land, including tribal activities conducted on the land.
``(3) The land conveyed to the Tribe under subsection (b) shall not
revert to the United States for management in trust status.
``(4) The reservation of the easement under subsection (b)(2)(C)
shall not affect the right of the Tribe to use and maintain access to
the Green River through the use of the road within the easement, as
depicted on the map.
``(5) Each withdrawal that applies to NOSR 2 and that is in effect on
the date of the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 is revoked to the extent that the
withdrawal applies to NOSR 2.
``(6) Notwithstanding that the land conveyed to the Tribe under
subsection (b) shall not be part of the reservation of the Tribe, such
land shall be deemed to be part of the reservation of the Tribe for the
purposes of criminal and civil jurisdiction.
``(d) Administration of Unconveyed Land and Interests in Land.--(1)
The land and interests in land excluded by subparagraphs (A) and (B) of
subsection (b)(2) from conveyance under subsection (b) shall be
administered by the Secretary of the Interior in accordance with the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
``(2) Not later than three years after the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, the Secretary of the Interior shall submit to Congress a land use
plan for the management of the land and interests in land referred to in
paragraph (1).
``(3) There are authorized to be appropriated to the Secretary of the
Interior such sums as are necessary to carry out this subsection.
``(e) Royalty.--(1) Notwithstanding the conveyance under subsection
(b), the United States retains a nine percent royalty interest in the
value of any oil, gas, other hydrocarbons, and all other minerals that
are produced, saved, and sold from the conveyed land during the period
beginning on the date of the conveyance and ending on the date the
Secretary of Energy releases the royalty interest under subsection (i).
``(2) The royalty payments shall be made by the Tribe or its designee
to the Secretary of Energy during the period that the oil, gas,
hydrocarbons, or minerals are being produced, saved, sold, or extracted.
The Secretary of Energy shall retain and use the payments in the manner
provided in subsection (i)(3).
``(3) The royalty interest retained by the United States under this
subsection does not include any development, production, marketing, and
operating expenses.
``(4) The Tribe shall submit to the Secretary of Energy and to
Congress an annual report on resource development and other activities
of the Tribe concerning the conveyance under subsection (b).
``(5) Not later than five years after the date of the enactment of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, and every five years thereafter, the Tribe shall obtain an audit
of all resource development activities of the Tribe concerning the
conveyance under subsection (b), as provided under chapter 75 of title
31, United States Code. The results of each audit under this paragraph
shall be included in the next annual report submitted under paragraph
(4).
``(f) River Management.--(1) The Tribe shall manage, under Tribal
jurisdiction and in accordance with ordinances adopted by the Tribe,
land of the Tribe that is adjacent to, and within \1/4\ mile of, the
Green River in a manner that--
``(A) maintains the protected status of the land; and
``(B) is consistent with the government-to-government agreement and
in the memorandum of understanding dated February 11, 2000, as agreed to
by the Tribe and the Secretary of the Interior.
``(2) An ordinance referred to in paragraph (1) shall not impair,
limit, or otherwise restrict the management and use of any land that is
not owned, controlled, or subject to the jurisdiction of the Tribe.
``(3) An ordinance adopted by the Tribe and referenced in the
government-to-government agreement may not be repealed or amended
without the written approval of both the Tribe and the Secretary of the
Interior.
``(g) Plant Species.--(1) In accordance with a
government-to-government agreement between the Tribe and the Secretary
of the Interior, in a manner consistent with levels of legal protection
in effect on the date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, the Tribe shall protect,
under ordinances adopted by the Tribe, any plant species that is--
``(A) listed as an endangered species or threatened species under
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and
``(B) located or found on the NOSR 2 land conveyed to the Tribe.
``(2) The protection described in paragraph (1) shall be performed
solely under tribal jurisdiction.
``(h) Horses.--(1) The Tribe shall manage, protect, and assert
control over any horse not owned by the Tribe or tribal members that is
located or found on the NOSR 2 land conveyed to the Tribe in a manner
that is consistent with Federal
law governing the management, protection, and control of
horses in effect on the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001.
``(2) The management, control, and protection of horses described in
paragraph (1) shall be performed solely--
``(A) under tribal jurisdiction; and
``(B) in accordance with a government-to-government agreement
between the Tribe and the Secretary of the Interior.
``(i) Remedial Action at Moab Site.--(1)(A) The Secretary of Energy
shall prepare a plan for remediation, including ground water
restoration, of the Moab site in accordance with title I of the Uranium
Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7911 et seq.).
The Secretary of Energy shall enter into arrangements with the National
Academy of Sciences to obtain the technical advice, assistance, and
recommendations of the National Academy of Sciences in objectively
evaluating the costs, benefits, and risks associated with various
remediation alternatives, including removal or treatment of radioactive
or other hazardous materials at the site, ground water restoration, and
long-term management of residual contaminants. If the Secretary prepares
a remediation plan that is not consistent with the recommendations of
the National Academy of Sciences, the Secretary shall submit to Congress
a report explaining the reasons for deviation from the National Academy
of Sciences' recommendations.
``(B) The remediation plan required by subparagraph (A) shall be
completed not later than one year after the date of the enactment of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001,
and the Secretary of Energy shall commence remedial action at the Moab
site as soon as practicable after the completion of the plan.
``(C) The license for the materials at the Moab site issued by the
Nuclear Regulatory Commission shall terminate one year after the date of
the enactment of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001, unless the Secretary of Energy determines that the
license may be terminated earlier. Until the license is terminated, the
Trustee, subject to the availability of funds appropriated specifically
for a purpose described in clauses (i) through (iii) or made available
by the Trustee from the Moab Mill Reclamation Trust, may carry out--
``(i) interim measures to reduce or eliminate localized high ammonia
concentrations in the Colorado River, identified by the United States
Geological Survey in a report dated March 27, 2000;
``(ii) activities to dewater the mill tailings at the Moab site; and
``(iii) other activities related to the Moab site, subject to the
authority of the Nuclear Regulatory Commission and in consultation with
the Secretary of Energy.
``(D) As part of the remediation plan for the Moab site required by
subparagraph (A), the Secretary of Energy shall develop, in consultation
with the Trustee, the Nuclear Regulatory Commission, and the State of
Utah, an efficient and legal means for transferring all responsibilities
and title to the Moab site and all the materials therein from the
Trustee to the Department of Energy.
``(2) The Secretary of Energy shall limit the amounts expended in
carrying out the remedial action under paragraph (1) to--
``(A) amounts specifically appropriated for the remedial action in
an appropriation Act; and
``(B) other amounts made available for the remedial action under
this subsection.
``(3)(A) The royalty payments received by the Secretary of Energy
under subsection (e) shall be available to the Secretary, without
further appropriation, to carry out the remedial action under paragraph
(1) until such time as the Secretary determines that all costs incurred
by the United States to carry out the remedial action (other than costs
associated with long-term monitoring) have been paid.
``(B) Upon making the determination referred to in subparagraph (A),
the Secretary of Energy shall transfer all remaining royalty amounts to
the general fund of the Treasury and release to the Tribe the royalty
interest retained by the United States under subsection (e).
``(4)(A) Funds made available to the Department of Energy for
national security activities shall not be used to carry out the remedial
action under paragraph (1), except that the Secretary of Energy may use
such funds for program direction directly related to the remedial
action.
``(B) There are authorized to be appropriated to the Secretary of
Energy to carry out the remedial action under paragraph (1) such sums as
are necessary.
``(5) If the Moab site is sold after the date on which the Secretary
of Energy completes the remedial action under paragraph (1), the seller
shall pay to the Secretary of Energy, for deposit in the general fund of
the Treasury, the portion of the sale price that the Secretary
determines resulted from the enhancement of the value of the Moab site
as a result of the remedial action. The enhanced value of the Moab site
shall be equal to the difference between--
``(A) the fair market value of the Moab site on the date of
enactment of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001, based on information available on that date; and
``(B) the fair market value of the Moab site, as appraised on
completion of the remedial action.''.
(b) Uranium Mill Tailings.--Section 102 of the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7912) is amended by adding at
the end the following new subsection:
``(f) Designation of Moab Site as Processing Site.--
``(1) Designation.--Notwithstanding any other provision of law, the
Moab uranium milling site (referred to in this subsection as the `Moab
site') located approximately three miles northwest of Moab, Utah, and
identified in the Final Environmental Impact Statement issued by the
Nuclear Regulatory Commission in March 1996 in conjunction with Source
Materials License No. SUA 917, is designated as a processing site.
``(2) Applicability.--This title applies to the Moab site in the
same manner and to the same extent as to other processing sites
designated under subsection (a), except that--
``(A) sections 103, 104(b), 107(a), 112(a), and 115(a) of this title
shall not apply; and
``(B) a reference in this title to the date of the enactment of this
Act shall be treated as a reference to the date of the enactment of this
subsection.
``(3) Remediation.--Subject to the availability of appropriations
for this purpose, the Secretary shall conduct remediation at the Moab
site in a safe and environmentally sound manner that takes into
consideration the remedial action plan prepared pursuant to section
3405(i) of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105 261), including--
``(A) ground water restoration; and
``(B) the removal, to a site in the State of Utah, for permanent
disposition and any necessary stabilization, of residual radioactive
material and other contaminated material from the Moab site and the
floodplain of the Colorado River.''.
(c) Conforming Amendment.--Section 3406 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420
note; Public Law 105 261) is amended by adding at the end the following
new subsection:
``(f) Oil Shale Reserve Numbered 2.--This section does not apply to
the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2001.
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels.
Sec. 3503. Authority to convey National Defense Reserve Fleet
vessel, GLACIER.
Sec. 3504. Maritime intermodal research.
Sec. 3505. Maritime research and technology development.
Sec. 3506. Reporting of administered and oversight funds.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001.
Funds are hereby authorized to be appropriated for fiscal year 2001,
to be available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training activities,
$94,260,000.
(2) For expenses under the loan guarantee program authorized by
title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),
$54,179,000, of which--
(A) $50,000,000 is for the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees
under the program; and
(B) $4,179,000 is for administrative expenses related to loan
guarantee commitments under the program.
SEC. 3502. SCRAPPING OF NATIONAL DEFENSE RESERVE FLEET VESSELS.
(a) Extension of Scrapping Authority Under National Maritime Heritage
Act of 1994.--Section 6(c)(1) of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405(c)(1)) is amended--
(1) in subparagraph (A) by striking ``2001'' and inserting ``2006'';
and
(2) by striking subparagraph (B) and inserting the following:
``(B) in the manner that provides the best value to the Government,
except in any case in which obtaining the best value would require
towing a vessel and such towing poses a serious threat to the
environment; and''.
(b) Selection of Scrapping Facilities.--The Secretary of
Transportation may scrap obsolete vessels pursuant to section 6(c)(1) of
the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1))
through qualified scrapping facilities, using the most expeditious
scrapping methodology and location practicable. Scrapping facilities
shall be selected under that section on a best value basis consistent
with the Federal Acquisition Regulation, as in effect on the date of the
enactment of this Act, without any predisposition toward foreign or
domestic facilities taking into consideration, among other things, the
ability of facilities to scrap vessels--
(1) at least cost to the Government;
(2) in a timely manner;
(3) giving consideration to worker safety and the environment; and
(4) in a manner that minimizes the geographic distance that a vessel
must be towed when towing a vessel poses a serious threat to the
environment.
(c) Limitation on Scrapping Before Program.--
(1) In general.--Until the report required by subsection (d)(1) is
transmitted to the congressional committees referred to in that
subsection, the Secretary may not proceed with the scrapping of any
vessel in the National Defense Reserve Fleet except the following:
(A) Donner.
(B) Export Commerce.
(C) Builder.
(D) Albert E. Watts.
(E) Wayne Victory.
(F) Mormacdawn.
(G) Mormacmoon.
(H) Santa Elena.
(I) Santa Isabel.
(J) Santa Cruz.
(K) Protector.
(L) Lauderdale.
(N) PVT. Fred C. Murphy.
(M) Beaujolais.
(O) Meacham.
(P) Neaco.
(Q) Wabash.
(R) Nemasket.
(S) Mirfak.
(T) GEN. Alex M. Patch.
(U) Arthur M. Huddell.
(V) Washington.
(W) Suffolk County.
(X) Crandall.
(Y) Crilley.
(Z) Rigel.
(AA) Vega.
(BB) Compass Island.
(CC) Export Challenger.
(DD) Preserver.
(EE) Marine Fiddler.
(FF) Wood County.
(GG) Catawba Victory.
(HH) Gen. Nelson M. Walker.
(II) Lorain County.
(JJ) Lynch.
(KK) Mission Santa Ynez.
(LL) Caloosahatchee.
(MM) Canisteo.
(2) Prioritization.--The Secretary shall exercise discretion to
prioritize for scrapping those vessels identified in paragraph (1) that
pose the most immediate threat to the environment.
(d) Scrapping Program for Obsolete National Defense Reserve Fleet
Vessels.--
(1) Development of program; report.--The Secretary of
Transportation, in consultation with the Secretary of the Navy and the
Administrator of the Environmental Protection Agency, shall within 6
months after the date of the enactment of this Act--
(A) develop a program for the scrapping of obsolete National Defense
Reserve Fleet vessels; and
(B) submit a report on the program to the Committee on
Transportation and Infrastructure and the Committee on Resources of the
House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committees on Armed Services of
the House of Representatives and the Senate.
(2) Contents of report.--The report shall include information
concerning the initial determination of scrapping capacity, both
domestically and abroad, appropriate proposed regulations to implement
the program, funding and staffing requirements, milestone dates for the
disposal of each obsolete vessel, and longterm cost estimates for the
program.
(3) Alternatives.--In developing the program, the Secretary of
Transportation, in consultation with the Secretary of the Navy and the
Administrator of the Environmental Protection Agency, shall consider all
alternatives and available information, including--
(A) alternative scrapping sites;
(B) vessel donations;
(C) sinking of vessels in deep water;
(D) sinking vessels for development of artificial reefs;
(E) sales of vessels before they become obsolete;
(F) results from the Navy Ship Disposal Program under section 8124
of the Department of Defense Appropriations Act, 1999; and
(G) the Report of the Department of Defense's Interagency Panel on
Ship Scrapping issued in April 1998.
(e) Report.--Not later than 1 year after the date of the enactment of
this Act, and every 6 months thereafter, the Secretary of
Transportation, in coordination with the Secretary of the Navy, shall
report to the Committee on Transportation and Infrastructure and the
Committee on Resources of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committees
on Armed Services of the House of Representatives and the Senate on the
progress of the vessel scrapping program developed under subsection
(d)(1) and on the progress of any other scrapping of obsolete
Government-owned vessels.
(f) Presidential Recommendation.--The President shall transmit with
the report required by subsection (d)(1) a recommendation on--
(1) whether it is necessary to amend the Toxic Substances Control
Act (15 U.S.C. 2601 et seq.) or any other environmental statute or
regulatory requirements relevant to the disposal of vessels described in
section 6(c)(2) of the National Maritime Heritage Act of 1994 (16 U.S.C.
5405(c)(2)) by September 30, 2006; and
(2) any proposed changes to those requirements to carry out such
disposals.
SEC. 3503. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET
VESSEL, GLACIER.
(a) Authority To Convey.--The Secretary of Transportation (in this
section referred to as ``the Secretary'') may, subject to subsection
(b), convey all right, title, and interest of the United States
Government in and to the vessel in the National Defense Reserve Fleet
that was formerly the U.S.S. Glacier (United States official number AGB
4) to the Glacier Society, Inc., a corporation established under the
laws of the State of Connecticut that is located in Bridgeport,
Connecticut (in this section referred to as the ``recipient'').
(b) Terms of Conveyance.--
(1) Required conditions.--The Secretary may not convey a vessel
under this section unless the recipient--
(A) agrees to use the vessel for the purpose of a monument to the
accomplishments of members of the Armed Forces of the United States,
civilians, scientists, and diplomats in exploration of the Arctic and
the Antarctic;
(B) agrees that the vessel will not be used for commercial purposes;
(C) agrees to make the vessel available to the Government if the
Secretary requires use of the vessel by the Government for war or
national emergency;
(D) agrees to hold the Government harmless for any claims arising
from exposure to asbestos, polychlorinated biphenyls, or lead paint
after the conveyance of the vessel, except for claims arising from use
of the vessel by the Government pursuant to the agreement under
subparagraph (C); and
(E) provides sufficient evidence to the Secretary that it has
available for use to restore the vessel, in the form of cash, liquid
assets, or a written loan commitment, financial resources of at least
$100,000.
(2) Delivery of vessel.--If the Secretary conveys the vessel under
this section, the Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the date of
conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Government.
(3) Additional terms.--The Secretary may require such additional
terms in connection with the conveyance authorized by this section as
the Secretary considers appropriate.
(c) Other Unneeded Equipment.--If the Secretary conveys the vessel
under this section, the Secretary may also convey to the recipient any
unneeded equipment from other vessels in the National Defense Reserve
Fleet or Government
storage facilities for use to restore the vessel to museum
quality or to its original configuration (or both).
(d) Retention of Vessel in NDRF.--The Secretary shall retain in the
National Defense Reserve Fleet the vessel authorized to be conveyed
under this section until the earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of the conveyance of the vessel under this section.
SEC. 3504. MARITIME INTERMODAL RESEARCH.
Section 8 of Public Law 101 115 (46 U.S.C. App. 1121 2) is amended by
adding at the end thereof the following:
``(f) University Transportation Research Funds.--
``(1) In general.--The Secretary may make a grant under section 5505
of title 49, United States Code, to an institute designated under
subsection (a) for maritime and maritime intermodal research under that
section as if the institute were a university transportation center.
``(2) Advice and consultation of marad.--In making a grant under the
authority of paragraph (1), the Secretary, through the Research and
Special Programs Administration, shall advise the Maritime
Administration concerning the availability of funds for the grants, and
consult with the Administration on the making of the grants.''.
SEC. 3505. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of Transportation shall conduct a
study of maritime research and technology development, and report its
findings and conclusions, together with any recommendations it finds
appropriate, to the Congress within 9 months after the date of enactment
of this Act.
(b) Required Areas of Study.--The Secretary shall include the
following items in the report required by subsection (a):
(1) The approximate dollar values appropriated by the Congress for
each of the 5 fiscal years ending before the study is commenced for each
of the following modes of transportation:
(A) Highway.
(B) Rail.
(C) Aviation.
(D) Public transit.
(E) Maritime.
(2) A description of how Federal funds appropriated for research in
the different transportation modes are utilized.
(3) A summary and description of current research and technology
development funds appropriated for each of those fiscal years for
maritime research initiatives, with separate categories for funds
provided to the Coast Guard for marine safety research purposes.
(4) A description of cooperative mechanisms that could be used to
attract and leverage non-federal investments in United States maritime
research and technology development and application programs, including
the potential for the creation of maritime transportation research
centers and the benefits of cooperating with existing surface
transportation research centers.
(5) Proposals for research and technology development funding to
facilitate the evolution of Maritime Transportation System.
(c) Authorization of Appropriations.--Of the amounts authorized to be
appropriated under section 3401 for operations and training, $100,000 is
authorized to carry out this section.
SEC. 3506. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.
The Maritime Administration, in its annual report to the Congress
under section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App.
1118), and in its annual budget estimate submitted to the Congress,
shall state separately the amount, source, intended use, and nature of
any funds (other than funds appropriated to the Administration or to the
Secretary of Transportation for use by the Administration) administered,
or subject to oversight, by the Administration.
TITLE XXXVI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
Sec. 3601. Short title.
Sec. 3602. Findings; sense of Congress.
SUBTITLE A--ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION FUND
Sec. 3611. Establishment of Energy Employees Occupational Illness
Compensation Program.
Sec. 3612. Establishment of Energy Employees Occupational Illness
Compensation Fund.
Sec. 3613. Legislative proposal.
Sec. 3614. Authorization of appropriations.
SUBTITLE B--PROGRAM ADMINISTRATION
Sec. 3621. Definitions for program administration.
Sec. 3622. Expansion of list of beryllium vendors.
Sec. 3623. Exposure in the performance of duty.
Sec. 3624. Advisory Board on Radiation and Worker Health.
Sec. 3625. Responsibilities of Secretary of Health and Human Services.
Sec. 3626. Designation of additional members of Special Exposure Cohort.
Sec. 3627. Separate treatment of chronic silicosis.
Sec. 3628. Compensation and benefits to be provided.
Sec. 3629. Medical benefits.
Sec. 3630. Separate treatment of certain uranium employees.
Sec. 3631. Assistance for claimants and potential claimants.
SUBTITLE C--TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION AND
BENEFITS
Sec. 3641. Offset for certain payments.
Sec. 3642. Subrogation of the United States.
Sec. 3643. Payment in full settlement of claims.
Sec. 3644. Exclusivity of remedy against the United States and
against contractors and subcontractors.
Sec. 3645. Election of remedy for beryllium employees and atomic
weapons employees.
Sec. 3646. Certification of treatment of payments under other laws.
Sec. 3647. Claims not assignable or transferable; choice of remedies.
Sec. 3648. Attorney fees.
Sec. 3649. Certain claims not affected by awards of damages.
Sec. 3650. Forfeiture of benefits by convicted felons.
Sec. 3651. Coordination with other Federal radiation compensation laws.
SUBTITLE D--ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS
Sec. 3661. Agreements with States.
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Energy Employees Occupational
Illness Compensation Program Act of 2000''.
SEC. 3602. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) Since World War II, Federal nuclear activities have been
explicitly recognized under Federal law as activities that are
ultra-hazardous. Nuclear weapons production and testing have involved
unique dangers, including potential catastrophic nuclear accidents that
private insurance carriers have not covered and recurring exposures to
radioactive substances and beryllium that, even in small amounts, can
cause medical harm.
(2) Since the inception of the nuclear weapons program and for
several decades afterwards, a large number of nuclear weapons workers at
sites of the Department of Energy and at sites of vendors who supplied
the Cold War effort were put at risk without their knowledge and consent
for reasons that, documents reveal, were driven by fears of adverse
publicity, liability, and employee demands for hazardous duty pay.
(3) Many previously secret records have documented unmonitored
exposures to radiation and beryllium and continuing problems at these
sites across the Nation, at which the Department of Energy and its
predecessor agencies have been, since World War II, self-regulating with
respect to nuclear safety and occupational safety and health. No other
hazardous Federal activity has been permitted to be carried out under
such sweeping powers of self-regulation.
(4) The policy of the Department of Energy has been to litigate
occupational illness claims, which has deterred workers from filing
workers' compensation claims and has imposed major financial burdens for
such employees who have sought compensation. Contractors of the
Department have been held harmless and the employees have been denied
workers' compensation coverage for occupational disease.
(5) Over the past 20 years, more than two dozen scientific findings
have emerged that indicate that certain of such employees are
experiencing increased risks of dying from cancer and non-malignant
diseases. Several of these studies have also established a correlation
between excess diseases and exposure to radiation and beryllium.
(6) While linking exposure to occupational hazards with the
development of occupational disease is sometimes difficult, scientific
evidence supports the conclusion that occupational exposure to dust
particles or vapor of beryllium can cause beryllium sensitivity and
chronic beryllium disease. Furthermore, studies indicate than 98 percent
of radiation-induced cancers within the nuclear weapons complex have
occurred at dose levels below existing maximum safe thresholds.
(7) Existing information indicates that State workers' compensation
programs do not provide a uniform means of ensuring adequate
compensation for the types of occupational illnesses and diseases that
relate to the employees at those sites.
(8) To ensure fairness and equity, the civilian men and women who,
over the past 50 years, have performed duties uniquely related to the
nuclear weapons production and testing programs of the Department of
Energy and its predecessor agencies should have efficient, uniform, and
adequate compensation for beryllium-related health conditions and
radiation-related health conditions.
(9) On April 12, 2000, the Secretary of Energy announced that the
Administration intended to seek compensation for individuals with a
broad range of work-related illnesses throughout the Department of
Energy's nuclear weapons complex.
(10) However, as of October 2, 2000, the Administration has failed
to provide Congress with the necessary legislative and budget proposals
to enact the promised compensation program.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a program should be established to provide compensation to
covered employees;
(2) a fund for payment of such compensation should be established on
the books of the Treasury;
(3) payments from that fund should be made only after--
(A) the identification of employees of the Department of Energy
(including its predecessor agencies), and of contractors of the
Department, who may be members of the group of covered employees;
(B) the establishment of a process to receive and administer claims
for compensation for disability or death of covered employees;
(C) the submittal by the President of a legislative proposal for
compensation of such employees that includes the estimated annual budget
resources for that compensation; and
(D) consideration by the Congress of the legislative proposal
submitted by the President; and
(4) payments from that fund should commence not later than fiscal
year 2002.
Subtitle A--Establishment of Compensation Program and Compensation Fund
SEC. 3611. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
(a) Program Established.--There is hereby established a program to be
known as the ``Energy Employees Occupational Illness Compensation
Program'' (in this title referred to as the ``compensation program'').
The President shall carry out the compensation program through one or
more Federal agencies or officials, as designated by the President.
(b) Purpose of Program.--The purpose of the compensation program is
to provide for timely, uniform, and adequate compensation of covered
employees and, where applicable, survivors of such employees, suffering
from illnesses incurred by such employees in the performance of duty for
the Department of Energy and certain of its contractors and
subcontractors.
(c) Eligibility for Compensation.--The eligibility of covered
employees for compensation under the compensation program shall be
determined in accordance with the provisions of subtitle B as may be
modified by a law enacted after the date of the submittal of the
proposal for legislation required by section 3613.
SEC. 3612. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND.
(a) Establishment.--There is hereby established on the books of the
Treasury a fund to be known as the ``Energy Employees Occupational
Illness Compensation Fund'' (in this title referred to as the
``compensation fund'').
(b) Amounts in Compensation Fund.--The compensation fund shall
consist of the following amounts:
(1) Amounts appropriated to the compensation fund pursuant to the
authorization of appropriations in section 3614(b).
(2) Amounts transferred to the compensation fund under subsection (c).
(c) Financing of Compensation Fund.--Upon the exhaustion of amounts
in the compensation fund attributable to the authorization of
appropriations in section 3614(b), the Secretary of the Treasury shall
transfer directly to the compensation fund from the General Fund of the
Treasury, without further appropriation, such amounts as are further
necessary to carry out the compensation program.
(d) Use of Compensation Fund.--Subject to subsection (e), amounts in
the compensation fund shall be used to carry out the compensation
program.
(e) Administrative Costs Not Paid From Compensation Fund.--No cost
incurred in carrying out the compensation program, or in administering
the compensation fund, shall be paid from the compensation fund or set
off against or otherwise deducted from any payment to any individual
under the compensation program.
(f) Investment of Amounts in Compensation Fund.--Amounts in the
compensation fund shall be invested in accordance with section 9702 of
title 31, United States Code, and any interest on, and proceeds from,
any such investment shall be credited to and become a part of the
compensation fund.
SEC. 3613. LEGISLATIVE PROPOSAL.
(a) Legislative Proposal Required.--Not later than March 15, 2001,
the President shall submit to Congress a proposal for legislation to
implement the compensation program. The proposal for legislation shall
include, at a minimum, the specific recommendations (including draft
legislation) of the President for the following:
(1) The types of compensation and benefits, including lost wages,
medical benefits, and any lump-sum settlement payments, to be provided
under the compensation program.
(2) Any adjustments or modifications necessary to appropriately
administer the compensation program under subtitle B.
(3) Whether to expand the compensation program to include other
illnesses associated with exposure to toxic substances.
(4) Whether to expand the class of individuals who are members of
the Special Exposure Cohort (as defined in section 3621(14)).
(b) Assessment of Potential Covered Employees and Required
Amounts.--The President shall include with the proposal for legislation
under subsection (a) the following:
(1) An estimate of the number of covered employees that the
President determines were exposed in the performance of duty.
(2) An estimate, for each fiscal year of the compensation program,
of the amounts to be required for compensation and benefits anticipated
to be provided in such fiscal year under the compensation program.
SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Pursuant to the authorization of appropriations in
section 3103(a), $25,000,000 may be used for purposes of carrying out
this title.
(b) Compensation Fund.--There is hereby authorized to be appropriated
$250,000,000 to the Energy Employees Occupational Illness Compensation
Fund established by section 3612.
Subtitle B--Program Administration
SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION.
In this title:
(1) The term ``covered employee'' means any of the following:
(A) A covered beryllium employee.
(B) A covered employee with cancer.
(C) To the extent provided in section 3627, a covered employee with
chronic silicosis (as defined in that section).
(2) The term ``atomic weapon'' has the meaning given that term in
section 11 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(d)).
(3) The term ``atomic weapons employee'' means an individual
employed by an atomic weapons employer during a period when the employer
was processing or producing, for the use by the United States, material
that emitted radiation and was used in the production of an atomic
weapon, excluding uranium mining and milling.
(4) The term ``atomic weapons employer'' means an entity, other than
the United States, that--
(A) processed or produced, for use by the United States, material
that emitted radiation and was used in the production of an atomic
weapon, excluding uranium mining and milling; and
(B) is designated by the Secretary of Energy as an atomic weapons
employer for purposes of the compensation program.
(5) The term ``atomic weapons employer facility'' means a facility,
owned by an atomic weapons employer, that is or was used to process or
produce, for use by the United States, material that emitted radiation
and was used in the production of an atomic weapon, excluding uranium
mining or milling.
(6) The term ``beryllium vendor'' means any of the following:
(A) Atomics International.
(B) Brush Wellman, Incorporated, and its predecessor, Brush
Beryllium Company.
(C) General Atomics.
(D) General Electric Company.
(E) NGK Metals Corporation and its predecessors, Kawecki-Berylco,
Cabot Corporation, BerylCo, and Beryllium Corporation of America.
(F) Nuclear Materials and Equipment Corporation.
(G) StarMet Corporation and its predecessor, Nuclear Metals,
Incorporated.
(H) Wyman Gordan, Incorporated.
(I) Any other vendor, processor, or producer of beryllium or related
products designated as a beryllium vendor for purposes of the
compensation program under section 3622.
(7) The term ``covered beryllium employee'' means the following, if
and only if the employee is determined to have been exposed to beryllium
in the performance of duty in accordance with section 3623(a):
(A) A current or former employee (as that term is defined in section
8101(1) of title 5, United States Code) who may have been exposed to
beryllium at a Department of Energy facility or at a facility owned,
operated, or occupied by a beryllium vendor.
(B) A current or former employee of--
(i) any entity that contracted with the Department of Energy to
provide management and operation, management and integration, or
environmental remediation of a Department of Energy facility; or
(ii) any contractor or subcontractor that provided services,
including construction and maintenance, at such a facility.
(C) A current or former employee of a beryllium vendor, or of a
contractor or subcontractor of a beryllium vendor, during a period when
the vendor was engaged in activities related to the production or
processing of beryllium for sale to, or use by, the Department of
Energy.
(8) The term ``covered beryllium illness'' means any of the following:
(A) Beryllium sensitivity as established by an abnormal beryllium
lymphocyte proliferation test performed on either blood or lung lavage
cells.
(B) Established chronic beryllium disease.
(C) Any injury, illness, impairment, or disability sustained as a
consequence of a covered beryllium illness referred to in subparagraph
(A) or (B).
(9) The term ``covered employee with cancer'' means any of the
following:
(A) An individual with a specified cancer who is a member of the
Special Exposure Cohort, if and only if that individual contracted that
specified cancer after beginning employment at a Department of Energy
facility (in the case of a Department of Energy employee or Department
of Energy contractor employee) or at an atomic weapons employer facility
(in the case of an atomic weapons employee).
(B)(i) An individual with cancer specified in subclause (I), (II),
or (III) of clause (ii), if and only if that individual is determined to
have sustained that cancer in the performance of duty in accordance with
section 3623(b).
(ii) Clause (i) applies to any of the following:
(I) A Department of Energy employee who contracted that cancer after
beginning employment at a Department of Energy facility.
(II) A Department of Energy contractor employee who contracted that
cancer after beginning employment at a Department of Energy facility.
(III) An atomic weapons employee who contracted that cancer after
beginning employment at an atomic weapons employer facility.
(10) The term ``Department of Energy'' includes the predecessor
agencies of the Department of Energy, including the Manhattan
Engineering District.
(11) The term ``Department of Energy contractor employee'' means any
of the following:
(A) An individual who is or was in residence at a Department of
Energy facility as a researcher for one or more periods aggregating at
least 24 months.
(B) An individual who is or was employed at a Department of Energy
facility by--
(i) an entity that contracted with the Department of Energy to
provide management and operating, management and integration, or
environmental remediation at the facility; or
(ii) a contractor or subcontractor that provided services, including
construction and maintenance, at the facility.
(12) The term ``Department of Energy facility'' means any building,
structure, or premise, including the grounds upon which such building,
structure, or premise is located--
(A) in which operations are, or have been, conducted by, or on
behalf of, the Department of Energy (except for buildings, structures,
premises, grounds, or operations covered by Executive Order No. 12344,
dated February 1, 1982 (42 U.S.C. 7158 note), pertaining to the Naval
Nuclear Propulsion Program); and
(B) with regard to which the Department of Energy has or had--
(i) a proprietary interest; or
(ii) entered into a contract with an entity to provide management
and operation, management and integration, environmental remediation
services, construction, or maintenance services.
(13) The term ``established chronic beryllium disease'' means
chronic beryllium disease as established by the following:
(A) For diagnoses on or after January 1, 1993, beryllium sensitivity
(as established in accordance with paragraph (8)(A)), together with lung
pathology consistent with chronic beryllium disease, including--
(i) a lung biopsy showing granulomas or a lymphocytic process
consistent with chronic beryllium disease;
(ii) a computerized axial tomography scan showing changes consistent
with chronic beryllium disease; or
(iii) pulmonary function or exercise testing showing pulmonary
deficits consistent with chronic beryllium disease.
(B) For diagnoses before January 1, 1993, the presence of--
(i) occupational or environmental history, or epidemiologic evidence
of beryllium exposure; and
(ii) any three of the following criteria:
(I) Characteristic chest radiographic (or computed tomography (CT))
abnormalities.
(II) Restrictive or obstructive lung physiology testing or
diffusing lung capacity defect.
(III) Lung pathology consistent with chronic beryllium disease.
(IV) Clinical course consistent with a chronic respiratory disorder.
(V) Immunologic tests showing beryllium sensitivity (skin patch
test or beryllium blood test preferred).
(14) The term ``member of the Special Exposure Cohort'' means a
Department of Energy employee, Department of Energy contractor employee,
or atomic weapons employee who meets any of the following requirements:
(A) The employee was so employed for a number of work days
aggregating at least 250 work days before February 1, 1992, at a gaseous
diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or Oak
Ridge, Tennessee, and, during such employment--
(i) was monitored through the use of dosimetry badges for exposure
at the plant of the external parts of employee's body to radiation; or
(ii) worked in a job that had exposures comparable to a job that is
or was monitored through the use of dosimetry badges.
(B) The employee was so employed before January 1, 1974, by the
Department of Energy or a Department of Energy contractor or
subcontractor on Amchitka Island, Alaska, and was exposed to ionizing
radiation in the performance of duty related to the Long Shot, Milrow,
or Cannikin underground nuclear tests.
(C)(i) Subject to clause (ii), the employee is an individual
designated as a member of the Special Exposure Cohort by the President
for purposes of the compensation program under section 3626.
(ii) A designation under clause (i) shall, unless Congress otherwise
provides, take effect on the date that is 180 days after the date on
which the President submits to Congress a report identifying the
individuals covered by the designation and describing the criteria used
in designating those individuals.
(15) The term ``occupational illness'' means a covered beryllium
illness, cancer referred to in section 3621(9)(B), specified cancer, or
chronic silicosis, as the case may be.
(16) The term ``radiation'' means ionizing radiation in the form of--
(A) alpha particles;
(B) beta particles;
(C) neutrons;
(D) gamma rays; or
(E) accelerated ions or subatomic particles from accelerator machines.
(17) The term ``specified cancer'' means any of the following:
(A) A specified disease, as that term is defined in section 4(b)(2)
of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note).
(B) Bone cancer.
(18) The term ``survivor'' means any individual or individuals
eligible to receive compensation pursuant to section 8133 of title 5,
United States Code.
SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS.
Not later than December 31, 2002, the President may, in consultation
with the Secretary of Energy, designate as a beryllium vendor for
purposes of section 3621(6) any vendor, processor, or producer of
beryllium or related products not previously listed under or designated
for purposes of such section 3621(6) if the President finds that such
vendor, processor, or producer has been engaged in activities related to
the production or processing of beryllium for sale to, or use by, the
Department of Energy in a manner similar to the entities listed in such
section 3621(6).
SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY.
(a) Beryllium.--A covered beryllium employee shall, in the absence of
substantial evidence to the contrary, be determined to have been exposed
to beryllium in the performance of duty for the purposes of the
compensation program if, and only if, the covered beryllium employee
was--
(1) employed at a Department of Energy facility; or
(2) present at a Department of Energy facility, or a facility owned
and operated by a beryllium vendor, because of employment by the United
States, a beryllium vendor, or a contractor or subcontractor of the
Department of Energy;
during a period when beryllium dust, particles, or vapor may have been
present at such facility.
(b) Cancer.--An individual with cancer specified in subclause (I),
(II), or (III) of section 3621(9)(B)(ii) shall be determined to have
sustained that cancer in the performance of duty for purposes of the
compensation program if, and only if, the cancer specified in that
subclause was at least as likely as not related to employment at the
facility specified in that subclause, as determined in accordance with
the guidelines established under subsection (c).
(c) Guidelines.--(1) For purposes of the compensation program, the
President shall by regulation establish guidelines for making the
determinations required by subsection (b).
(2) The President shall establish such guidelines after technical
review by the Advisory Board on Radiation and Worker Health under
section 3624.
(3) Such guidelines shall--
(A) be based on the radiation dose received by the employee (or a
group of employees performing similar work) at such facility and the
upper 99 percent confidence interval of the probability of causation in
the radioepidemiological tables published under section 7(b) of the
Orphan Drug Act (42 U.S.C. 241 note), as such tables may be updated
under section 7(b)(3) of such Act from time to time;
(B) incorporate the methods established under subsection (d); and
(C) take into consideration the type of cancer, past health-related
activities (such as smoking), information on the risk of developing a
radiation-related cancer from workplace exposure, and other relevant
factors.
(d) Methods for Radiation Dose Reconstructions.--(1) The President
shall, through any Federal agency (other than the Department of Energy)
or official (other than the Secretary of Energy or any other official
within the Department of Energy) that the President may designate,
establish by regulation methods for arriving at reasonable estimates of
the radiation doses received by an individual specified in subparagraph
(B) of section 3621(9) at a facility specified in that subparagraph by
each of the following employees:
(A) An employee who was not monitored for exposure to radiation at
such facility.
(B) An employee who was monitored inadequately for exposure to
radiation at such facility.
(C) An employee whose records of exposure to radiation at such
facility are missing or incomplete.
(2) The President shall establish an independent review process using
the Advisory Board on Radiation and Worker Health to--
(A) assess the methods established under paragraph (1); and
(B) verify a reasonable sample of the doses established under
paragraph (1).
(e) Information on Radiation Doses.--(1) The Secretary of Energy
shall provide, to each covered employee with cancer specified in section
3621(9)(B), information specifying the estimated radiation dose of that
employee during each employment specified in section 3621(9)(B), whether
established by a dosimetry reading, by a method established under
subsection (d), or by both a dosimetry reading and such method.
(2) The Secretary of Health and Human Services and the Secretary of
Energy shall each make available to researchers and the general public
information on the assumptions, methodology, and data used in
establishing radiation doses under subsection (d). The actions taken
under this paragraph shall be consistent with the protection of private
medical records.
SEC. 3624. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.
(a) Establishment.--(1) Not later than 120 days after the date of the
enactment of this Act, the President shall establish and appoint an
Advisory Board on Radiation and Worker Health (in this section referred
to as the ``Board'').
(2) The President shall make appointments to the Board in
consultation with organizations with expertise on worker health issues
in order to ensure that the membership of the Board reflects a balance
of scientific, medical, and worker perspectives.
(3) The President shall designate a Chair for the Board from among
its members.
(b) Duties.--The Board shall advise the President on--
(1) the development of guidelines under section 3623(c);
(2) the scientific validity and quality of dose estimation and
reconstruction efforts being performed for purposes of the compensation
program; and
(3) such other matters related to radiation and worker health in
Department of Energy facilities as the President considers appropriate.
(c) Staff.--(1) The President shall appoint a staff to facilitate the
work of the Board. The staff shall be headed by a Director who shall be
appointed under subchapter VIII of chapter 33 of title 5, United States
Code.
(2) The President may accept as staff of the Board personnel on
detail from other Federal agencies. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
(d) Expenses.--Members of the Board, other than full-time employees
of the United States, while attending meetings of the Board or while
otherwise serving at the request of the President, while serving away
from their homes or regular places of business, shall be allowed travel
and meal expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
individuals in the Government serving without pay.
SEC. 3625. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN SERVICES.
The Secretary of Health and Human Services shall carry out that
Secretary's responsibilities with respect to the compensation program
with the assistance of the Director of the National Institute for
Occupational Safety and Health.
SEC. 3626. DESIGNATION OF ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.
(a) Advice on Additional Members.--(1) The Advisory Board on
Radiation and Worker Health under section 3624 shall advise the
President whether there is a class of employees at any Department of
Energy facility who likely were exposed to radiation at that facility
but for whom it is not feasible to estimate with sufficient accuracy the
radiation dose they received.
(2) The advice of the Advisory Board on Radiation and Worker Health
under paragraph (1) shall be based on exposure assessments by radiation
health professionals, information provided by the Department of Energy,
and such other information as the Advisory Board considers appropriate.
(3) The President shall request advice under paragraph (1) after
consideration of petitions by classes of employees described in that
paragraph for such advice. The President shall consider such petitions
pursuant to procedures established by the President.
(b) Designation of Additional Members.--Subject to the provisions of
section 3621(14)(C), the members of a class of employees at a Department
of Energy facility may be treated as members of the Special Exposure
Cohort for purposes of the compensation program if the President, upon
recommendation of the Advisory Board on Radiation and Worker Health,
determines that--
(1) it is not feasible to estimate with sufficient accuracy the
radiation dose that the class received; and
(2) there is a reasonable likelihood that such radiation dose may
have endangered the health of members of the class.
(c) Access to Information.--The Secretary of Energy shall provide, in
accordance with law, the Secretary of Health and Human Services and the
members and staff of the Advisory Board on Radiation and Worker Health
access to relevant information on worker exposures, including access to
Restricted Data (as defined in section 11 y. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(y)).
SEC. 3627. SEPARATE TREATMENT OF CHRONIC SILICOSIS.
(a) Sense of Congress.--The Congress finds that employees who worked
in Department of Energy test sites and later contracted chronic
silicosis should also be considered for inclusion in the compensation
program. Recognizing that chronic silicosis resulting from exposure to
silica is not a condition unique to the nuclear weapons industry, it is
not the intent of Congress with this title to establish a precedent on
the question of chronic silicosis as a compensable occupational disease.
Consequently, it is the sense of Congress that a further determination
by the President is appropriate before these workers are included in the
compensation program.
(b) Certification by President.--A covered employee with chronic
silicosis shall be treated as a covered employee (as defined in section
3621(1)) for the purposes of the compensation program required by
section 3611 unless the President submits to Congress not later than 180
days after the date of the enactment of this Act the certification of
the President that there is insufficient basis to include such
employees. The President shall submit with the certification any
recommendations about the compensation program with respect to covered
employees with chronic silicosis as the President considers appropriate.
(c) Exposure to Silica in the Performance of Duty.--A covered
employee shall, in the absence of substantial evidence to the contrary,
be determined to have been exposed to silica in the performance of duty
for the purposes of the compensation program if, and only if, the
employee was present for a number of work days aggregating at least 250
work days during the mining of tunnels at a Department of Energy
facility located in Nevada or Alaska for tests or experiments related to
an atomic weapon.
(d) Covered Employee With Chronic Silicosis.--For purposes of this
title, the term ``covered employee with chronic silicosis'' means a
Department of Energy employee, or a Department of Energy contractor
employee, with chronic silicosis who was exposed to silica in the
performance of duty as determined under subsection (c).
(e) Chronic Silicosis.--For purposes of this title, the term
``chronic silicosis'' means a non-malignant lung disease if--
(1) the initial occupational exposure to silica dust preceded the
onset of silicosis by at least 10 years; and
(2) a written diagnosis of silicosis is made by a medical doctor and
is accompanied by--
(A) a chest radiograph, interpreted by an individual certified by
the National Institute for Occupational Safety and Health as a B reader,
classifying the existence of pneumoconioses of category 1/1 or higher;
(B) results from a computer assisted tomograph or other imaging
technique that are consistent with silicosis; or
(C) lung biopsy findings consistent with silicosis.
SEC. 3628. COMPENSATION AND BENEFITS TO BE PROVIDED.
(a) Compensation Provided.--(1) Except as provided in paragraph (2),
a covered employee, or the survivor of that covered employee if the
employee is deceased, shall receive compensation for the disability or
death of that employee from that employee's occupational illness in the
amount of $150,000.
(2) A covered employee shall, to the extent that employee's
occupational illness is established beryllium sensitivity, receive
beryllium sensitivity monitoring under subsection (c) in lieu of
compensation under paragraph (1).
(b) Medical Benefits.--A covered employee shall receive medical
benefits under section 3629 for that employee's occupational illness.
(c) Beryllium Sensitivity Monitoring.--An individual receiving
beryllium sensitivity monitoring under this subsection shall receive the
following:
(1) A thorough medical examination to confirm the nature and extent
of the individual's established beryllium sensitivity.
(2) Regular medical examinations thereafter to determine whether
that individual has developed established chronic beryllium disease.
(d) Payment from Compensation Fund.--The compensation provided under
this section, when authorized or approved by the President, shall be
paid from the compensation fund established under section 3612.
(e) Survivors.--(1) Subject to the provisions of this section, if a
covered employee dies before the effective date specified in subsection
(f), whether or not the death is a result of that employee's
occupational illness, a survivor of that employee may, on behalf of that
survivor and any other survivors of that employee, receive the
compensation provided for under this section.
(2) The right to receive compensation under this section shall be
afforded to survivors in the same order of precedence as that set forth
in section 8109 of title 5, United States Code.
(f) Effective Date.--This section shall take effect on July 31, 2001,
unless Congress otherwise provides in an Act enacted before that date.
SEC. 3629. MEDICAL BENEFITS.
(a) Medical Benefits Provided.--The United States shall furnish, to
an individual receiving medical benefits under this section for an
illness, the services, appliances, and supplies prescribed or
recommended by a qualified physician for that illness, which the
President considers likely to cure, give relief, or reduce the degree or
the period of that illness.
(b) Persons Furnishing Benefits.--(1) These services, appliances, and
supplies shall be furnished by or on the order of United States medical
officers and hospitals, or, at the individual's option, by or on the
order of physicians and hospitals designated or approved by the
President.
(2) The individual may initially select a physician to provide
medical services, appliances, and supplies under this section in
accordance with such regulations and instructions as the President
considers necessary.
(c) Transportation and Expenses.--The individual may be furnished
necessary and reasonable transportation and expenses incident to the
securing of such services, appliances, and supplies.
(d) Commencement of Benefits.--An individual receiving benefits under
this section shall be furnished those benefits as of the date on which
that individual submitted the claim for those benefits in accordance
with this title.
(e) Payment from Compensation Fund.--The benefits provided under this
section, when authorized or approved by the President, shall be paid
from the compensation fund established under section 3612.
(f) Effective Date.--This section shall take effect on July 31, 2001,
unless Congress otherwise provides in an Act enacted before that date.
SEC. 3630. SEPARATE TREATMENT OF CERTAIN URANIUM EMPLOYEES.
(a) Compensation Provided.--An individual who receives, or has
received, $100,000 under section 5 of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act
(hereinafter in this section referred to as a ``covered uranium
employee''), or the survivor of that covered uranium employee if the
employee is deceased, shall receive compensation under this section in
the amount of $50,000.
(b) Medical Benefits.--A covered uranium employee shall receive
medical benefits under section 3629 for the illness for which that
employee received $100,000 under section 5 of that Act.
(c) Coordination With RECA.--The compensation and benefits provided
in subsections (a) and (b) are separate from any compensation or
benefits provided under that Act.
(d) Payment from Compensation Fund.--The compensation provided under
this section, when authorized or approved by the President, shall be
paid from the compensation fund established under section 3612.
(e) Survivors.--(1) Subject to the provisions of this section, if a
covered uranium employee dies before the effective date specified in
subsection (g), whether or not the death is a result of the illness
specified in subsection (b), a survivor of that employee may, on behalf
of that survivor and any other survivors of that employee, receive the
compensation provided for under this section.
(2) The right to receive compensation under this section shall be
afforded to survivors in the same order of precedence as that set forth
in section 8109 of title 5, United States Code.
(f) Procedures Required.--The President shall establish procedures to
identify and notify each covered uranium employee, or the survivor of
that covered uranium employee if that employee is deceased, of the
availability of compensation and benefits under this section.
(g) Effective Date.--This section shall take effect on July 31, 2001,
unless Congress otherwise provides in an Act enacted before that date.
SEC. 3631. ASSISTANCE FOR CLAIMANTS AND POTENTIAL CLAIMANTS.
(a) Assistance for Claimants.--The President shall, upon the receipt
of a request for assistance from a claimant under the compensation
program, provide assistance to the claimant in connection with the
claim, including--
(1) assistance in securing medical testing and diagnostic services
necessary to establish the existence of a covered beryllium illness,
chronic silicosis, or cancer; and
(2) such other assistance as may be required to develop facts
pertinent to the claim.
(b) Assistance for Potential Claimants.--The President shall take
appropriate actions to inform and assist covered employees who are
potential claimants under the compensation program, and other potential
claimants under the compensation program, of the availability of
compensation under the compensation program, including actions to--
(1) ensure the ready availability, in paper and electronic format,
of forms necessary for making claims;
(2) provide such covered employees and other potential claimants
with information and other support necessary for making claims,
including--
(A) medical protocols for medical testing and diagnosis to establish
the existence of a covered beryllium illness, chronic silicosis, or
cancer; and
(B) lists of vendors approved for providing laboratory services
related to such medical testing and diagnosis; and
(3) provide such additional assistance to such covered employees and
other potential claimants as may be required for the development of
facts pertinent to a claim.
(c) Information From Beryllium Vendors and Other Contractors.--As
part of the assistance program provided under subsections (a) and (b),
and as permitted by law, the Secretary of Energy shall, upon the request
of the President, require a beryllium vendor or other Department of
Energy contractor or subcontractor to provide information relevant to a
claim or potential claim under the compensation program to the
President.
Subtitle C--Treatment, Coordination, and Forfeiture of
Compensation and Benefits
SEC. 3641. OFFSET FOR CERTAIN PAYMENTS.
A payment of compensation to an individual, or to a survivor of that
individual, under subtitle B shall be offset by the amount of any
payment made pursuant to a final award or settlement on a claim (other
than a claim for worker's compensation), against any person, that is
based on injuries incurred by that individual on account of the exposure
of a covered beryllium employee, covered employee with cancer, covered
employee with chronic silicosis (as defined in section 3627), or covered
uranium employee (as defined in section 3630), while so employed, to
beryllium, radiation, silica, or radiation, respectively.
SEC. 3642. SUBROGATION OF THE UNITED STATES.
Upon payment of compensation under subtitle B, the United States is
subrogated for the amount of the payment to a right or claim that the
individual to whom the payment was made may have against any person on
account of injuries referred to in section 3641.
SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS.
The acceptance by an individual of payment of compensation under
subtitle B with respect to a covered employee shall be in full
satisfaction of all claims of or on behalf of that individual against
the United States, against a Department of Energy contractor or
subcontractor, beryllium vendor, or atomic weapons employer, or against
any person with respect to that person's performance of a contract with
the United States, that arise out of an exposure referred to in section
3641.
SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND
AGAINST CONTRACTORS AND SUBCONTRACTORS.
(a) In General.--The liability of the United States or an
instrumentality of the United States under this title with respect to a
cancer (including a specified cancer), chronic silicosis, covered
beryllium illness, or death related thereto of a covered employee is
exclusive and instead of all other liability--
(1) of--
(A) the United States;
(B) any instrumentality of the United States;
(C) a contractor that contracted with the Department of Energy to
provide management and operation, management and integration, or
environmental remediation of a Department of Energy facility (in its
capacity as a contractor);
(D) a subcontractor that provided services, including construction,
at a Department of Energy facility (in its capacity as a subcontractor);
and
(E) an employee, agent, or assign of an entity specified in
subparagraphs (A) through (D);
(2) to--
(A) the covered employee;
(B) the covered employee's legal representative, spouse, dependents,
survivors and next of kin; and
(C) any other person, including any third party as to whom the
covered employee, or the covered employee's legal representative,
spouse, dependents, survivors, or next of kin, has a cause of action
relating to the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death, otherwise entitled to
recover damages from the United States, the instrumentality, the
contractor, the subcontractor, or the employee, agent, or assign of one
of them;
because of the cancer (including a specified cancer), chronic
silicosis, covered beryllium illness, or death in any proceeding or
action including a direct judicial proceeding, a civil action, a
proceeding in admiralty, or a proceeding under a tort liability statute
or the common law.
(b) Applicability.--This section applies to all cases filed on or
after the date of the enactment of this Act.
(c) Workers' Compensation.--This section does not apply to an
administrative or judicial proceeding under a State or Federal workers'
compensation law.
SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EMPLOYEES AND
ATOMIC WEAPONS EMPLOYEES.
(a) Election To File Suit.--If a tort case is filed after the date of
the enactment of this Act, alleging a claim referred to in section 3643
against a beryllium vendor or atomic weapons employer, the plaintiff
shall not be eligible for compensation or benefits under subtitle B
unless the plaintiff files such case within the applicable time limits
in subsection (b).
(b) Applicable Time Limits.--A case described in subsection (a) shall
be filed not later than the later of--
(1) the date that is 30 months after the date of the enactment of
this Act; or
(2) the date that is 30 months after the date the plaintiff first
becomes aware that an illness covered by subtitle B of a covered
employee may be connected to the exposure of the covered employee in the
performance of duty.
(c) Dismissal of Claims.--Unless a case filed under subsection (a) is
dismissed prior to the time limits in subsection (b), the plaintiff
shall not be eligible for compensation under subtitle B.
(d) Dismissal of Pending Suit.--If a tort case was filed on or before
the date of the enactment of this Act, alleging a claim referred to in
section 3643 against a beryllium vendor or atomic weapons employer, the
plaintiff shall not be eligible for compensation or benefits under
subtitle B unless the plaintiff dismisses such case not later than
December 31, 2003.
(e) Workers' Compensation.--This section does not apply to an
administrative or judicial proceeding under a State or Federal workers'
compensation law.
SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.
Compensation or benefits provided to an individual under subtitle B--
(1) shall be treated for purposes of the internal revenue laws of
the United States as damages for human suffering; and
(2) shall not be included as income or resources for purposes of
determining eligibility to receive benefits described in section
3803(c)(2)(C) of title 31, United States Code, or the amount of such
benefits.
SEC. 3647. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REMEDIES.
(a) Claims Not Assignable or Transferable.--No claim cognizable under
subtitle B shall be assignable or transferable.
(b) Choice of Remedies.--No individual may receive more than one
payment of compensation under subtitle B.
SEC. 3648. ATTORNEY FEES.
(a) General Rule.--Notwithstanding any contract, the representative
of an individual may not receive, for services rendered in connection
with the claim of an individual under subtitle B, more than that
percentage specified in subsection (b) of a payment made under subtitle
B on such claim.
(b) Applicable Percentage Limitations.--The percentage referred to in
subsection (a) is--
(1) 2 percent for the filing of an initial claim; and
(2) 10 percent with respect to any claim with respect to which a
representative has made a contract for services before the date of the
enactment of this Act.
(c) Penalty.--Any such representative who violates this section shall
be fined not more than $5,000.
SEC. 3649. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
A payment under subtitle B shall not be considered as any form of
compensation or reimbursement for a loss for purposes of imposing
liability on any individual receiving such payment, on the basis of such
receipt, to repay any insurance carrier for insurance payments, or to
repay any person on account of worker's compensation payments; and a
payment under subtitle B shall not affect any claim against an insurance
carrier with respect to insurance or against any person with respect to
worker's compensation.
SEC. 3650. FORFEITURE OF BENEFITS BY CONVICTED FELONS.
(a) Forfeiture of Compensation.--Any individual convicted of a
violation of section 1920 of title 18, United States Code, or any other
Federal or State criminal statute relating to fraud in the application
for or receipt of any benefit under subtitle B or under any other
Federal or State workers' compensation law, shall forfeit (as of the
date of such conviction) any entitlement to any compensation or benefit
under subtitle B such individual would otherwise be awarded for any
injury, illness or death covered by subtitle B for which the time of
injury was on or before the date of the conviction.
(b) Information.--Notwithstanding section 552a of title 5, United
States Code, or any other Federal or State law, an agency of the United
States, a State, or a political subdivision of a State shall make
available to the President, upon written request from the President and
if the President requires the information to carry out this section, the
names and Social Security account numbers of individuals confined, for
conviction of a felony, in a jail, prison, or other penal institution or
correctional facility under the jurisdiction of that agency.
SEC. 3651. COORDINATION WITH OTHER FEDERAL RADIATION COMPENSATION LAWS.
Except in accordance with section 3630, an individual may not receive
compensation or benefits under the compensation program for cancer and
also receive compensation under the Radiation Exposure Compensation Act
(42 U.S.C. 2210 note) or section 1112(c) of title 38, United States
Code.
Subtitle D--Assistance in State Workers' Compensation Proceedings
SEC. 3661. AGREEMENTS WITH STATES.
(a) Agreements Authorized.--The Secretary of Energy (hereinafter in
this section referred to as the ``Secretary'') may enter into agreements
with the chief executive officer of a State to provide assistance to a
Department of Energy contractor employee in filing a claim under the
appropriate State workers' compensation system.
(b) Procedure.--Pursuant to agreements under subsection (a), the
Secretary may--
(1) establish procedures under which an individual may submit an
application for review and assistance under this section; and
(2) review an application submitted under this section and determine
whether the applicant submitted reasonable evidence that--
(A) the application was filed by or on behalf of a Department of
Energy contractor employee or employee's estate; and
(B) the illness or death of the Department of Energy contractor
employee may have been related to employment at a Department of Energy
facility.
(c) Submittal of Applications to Panels.--If provided in an agreement
under subsection (a), and if the Secretary determines that the applicant
submitted reasonable evidence under subsection (b)(2), the Secretary
shall submit the application to a physicians panel established under
subsection (d). The Secretary shall assist the employee in obtaining
additional evidence within the control of the Department of Energy and
relevant to the panel's deliberations.
(d) Composition and Operation of Panels.--(1) The Secretary shall
inform the Secretary of Health and Human Services of the number of
physicians panels the Secretary has determined to be appropriate to
administer this section, the number of physicians needed for each panel,
and the area of jurisdiction of each panel. The Secretary may determine
to have only one panel.
(2)(A) The Secretary of Health and Human Services shall appoint panel
members with experience and competency in diagnosing occupational
illnesses under section 3109 of title 5, United States Code.
(B) Each member of a panel shall be paid at the rate of pay payable
for level III of the Executive Schedule for each day (including travel
time) the member is engaged in the work of a panel.
(3) A panel shall review an application submitted to it by the
Secretary and determine, under guidelines established by the Secretary,
by regulation, whether the illness or death that is the subject of the
application arose out of and in the course of employment by the
Department of Energy and exposure to a toxic substance at a Department
of Energy facility.
(4) At the request of a panel, the Secretary and a contractor who
employed a Department of Energy contractor employee shall provide
additional information relevant to the panel's deliberations. A panel
may consult specialists in relevant fields as it determines necessary.
(5) Once a panel has made a determination under paragraph (3), it
shall report to the Secretary its determination and the basis for the
determination.
(6) A panel established under this subsection shall not be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(e) Assistance.--If provided in an agreement under subsection (a)--
(1) the Secretary shall review a panel's determination made under
subsection (d), information the panel considered in reaching its
determination, any relevant new information not reasonably available at
the time of the panel's deliberations, and the basis for the panel's
determination;
(2) as a result of the review under paragraph (1), the Secretary
shall accept the panel's determination in the absence of significant
evidence to the contrary; and
(3) if the panel has made a positive determination under subsection
(d) and the Secretary accepts the determination under paragraph (2), or
the panel has made a negative determination under subsection (d) and the
Secretary finds significant evidence to the contrary--
(A) the Secretary shall assist the applicant to file a claim under
the appropriate State workers' compensation system based on the health
condition that was the subject of the determination;
(B) the Secretary thereafter--
(i) may not contest such claim;
(ii) may not contest an award made regarding such claim; and
(iii) may, to the extent permitted by law, direct the Department of
Energy contractor who employed the applicant not to contest such claim
or such award,
unless the Secretary finds significant new evidence to justify such
contest; and
(C) any costs of contesting a claim or an award regarding the claim
incurred by the contractor who employed the Department of Energy
contractor employee who is the subject of the claim shall not be an
allowable cost under a Department of Energy contract.
(f) Information.--At the request of the Secretary, a contractor who
employed a Department of Energy contractor employee shall make available
to the Secretary and the employee information relevant to deliberations
under this section.
(g) GAO Report.--Not later than February 1, 2002, the Comptroller
General shall submit to Congress a report on the implementation by the
Department of Energy of the provisions of this section and of the
effectiveness of the program under this section in assisting Department
of Energy contractor employees in obtaining compensation for
occupational illness.
Following is explanatory language on H.R. 5408, as introduced on
October 6, 2000.
References in the following to a provision of the conference
agreement refer to that provision in H.R. 5408.
SUMMARY STATEMENT OF CONFERENCE ACTION
The conferees recommend authorization for the Department of Defense
for procurement, research, and development, test and evaluation,
operation and maintenance, working capital funds, military construction
and family housing, weapons programs of the Department of Energy, and
the civil defense that have budget authority implications of $309.9
billion.
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, matter in addition to the dollar authorizations contained in
this bill must be taken into account. A number of programs in the
defense function are authorized permanently or, in certain instances,
authorized in other annual legislation. In addition, this authorization
bill would establish personnel levels and include a number of
legislative provisions affecting military compensation.
The following table summarizes authorizations included in the bill
for fiscal year 2001 and, in addition, summarizes the implications of
the conference action for the budget totals for national defense (budget
function 050).
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
CONGRESSIONAL DEFENSE COMMITTEES
The term ``congressional defense committees'' is often used in this
statement of managers. It means the Defense Authorization and
Appropriations Committee of the Senate and House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Procurement Overview
The budget request for fiscal year 2001 included an authorization of
$60,563.4 million for Procurement in the Department of Defense.
The House bill would authorize $62,593.1 million.
The Senate amendment would authorize $63,560.6 million.
The conferees recommended an authorization of $63,166.6 million. The
conference agreement reflects reductions reflected in the fiscal year
2001 Department of Defense Appropriations Act (Public Law 106 259).
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
Overview
The budget request for fiscal year 2001 included an authorization of
$1,323.3 million for Aircraft Procurement, Army in the Department of
Defense.
The House bill would authorize $1,542.8 million.
The Senate amendment would authorize $1,749.7 million.
The conferees recommended an authorization of $1,550.0 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
UH 60 Blackhawk
The budget request included $81.2 million to procure six UH 60L
Blackhawk helicopters for the Army National Guard (ARNG).
The House bill would authorize an increase of $27.9 million to
procure an additional three UH 60L Blackhawks, $40.2 million to procure
three UH 60Q medical evacuation helicopters, and $3.0 million to procure
two Firehawk conversion kits, a total increase of $71.1 million to meet
additional UH 60 Blackhawk requirements for the ARNG.
The Senate amendment would authorize an increase of $196.3 million
to procure an additional 20 UH 60L Blackhawk aircraft identified on the
Army's unfunded requirements list.
The conferees agree to authorize $179.4 million for 16 UH 60L
aircraft for the reserve components and $26.8 million for two UH 60Q
aircraft for the ARNG, a total authorization of $206.2 million for UH 60
Blackhawk helicopters.
TH 67 training helicopter
The budget request included no funding for TH 67 training helicopter
requirements.
The House bill would authorize an increase of $24.0 million to
procure 19 TH 67 training helicopters.
The Senate amendment would authorize an increase of $35.0 million to
procure 19 TH 67 aircraft.
The conferees agree to authorize an increase of $24.0 million to
procure 19 TH 67 aircraft.
Longbow
The budget request included $744.8 million for AH 64 Apache Longbow
modifications.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $141.1 million
for Apache recapitalization requirements.
The conferees agree to authorize an increase of $17.5 million, a
total authorization of $762.3 million to address AH 64 Apache
recapitalization requirements.
AH 64 modifications
The budget request included $18.5 million for AH 64 modifications,
but included no funding to continue procurement of the oil debris
detection system (ODDS) or the vibration management enhancement program
(VMEP).
The House bill would authorize an increase of $5.0 million to
continue procurement of ODDS and $7.0 million for the procurement of
VMEP for the Army National Guard (ARNG) AH 64 fleet, a total increase of
$12.0 million to meet outstanding AH 64 modification requirements.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0 million for
ODDS, $5.0 million for VMEP for the ARNG AH 64 fleet, and $7.5 million
to support critical component upgrades, as identified in the Army's
unfunded requirements list, a total authorization of $36.0 million to
address AH 64 modification requirements.
UH 60 modifications
The budget request included $3.0 million for UH 60 modifications.
The House bill would authorize an increase of $9.0 million for
extended range fuel system modifications for Army National Guard (ARNG)
UH 60 Blackhawks.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0 million for UH
60 modifications, including $3.0 million for extended range fuel system
modifications and $3.0 million for Firehawk kits, both for the ARNG.
Aircraft Survivability Equipment (ASE)
The budget request contained no funding for the procurement of
Aircraft Survivability Equipment (ASE).
The House bill would authorize an increase of $8.0 million to
upgrade the Aircraft Survivability Equipment Trainer (ASET) IV systems
with current IR SAM threat simulators.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0 million for
aircraft survivability equipment. Of this amount, $4.0 million is for
ASET IV systems upgrades and $6.0 million is for laser detection kits.
Aircrew integrated systems
The budget request included $3.5 million for aircrew integrated
system equipment requirements.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.9 million for
aircrew integrated systems to procure 12,640 advanced laser eye
protection visors.
The conferees agree to authorize an increase of $2.4 million for
aircrew laser eye protection requirements, a total authorization of $5.9
million for aircrew system equipment requirements.
Overview
The budget request for fiscal year 2001 included an authorization of
$1,295.7 million for Missile Procurement, Army in the Department of
Defense.
The House bill would authorize $1,367.7 million.
The Senate amendment would authorize $1,382.3 million.
The conferees recommended an authorization of $1,320.7 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
Army tactical missile system
The budget request included $15.0 million for Army tactical missile
system (ATACMS) fielding and production line shutdown.
The House bill would authorize an increase of $10.0 million for the
procurement of 51 ATACMS Block IV missiles.
The Senate amendment would authorize an increase of $77.4 million to
procure 100 ATACMS block IA missiles.
The conferees agree to authorize an increase of $83.0 million, of
which $6.0 million is for ATACMS block IV missiles and $77.0 million is
to procure 100 ATACMS block IA missiles, a total authorization of $98.0
million.
Overview
The budget request for fiscal year 2001 included an authorization of
$1,874.6 million for Weapons and Tracked Combat Vehicles Procurement,
Army in the Department of Defense.
The House bill would authorize $2,167.9 million.
The Senate amendment would authorize $2,115.1 million.
The conferees recommended an authorization of $2,436.3 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
Bradley base sustainment
The budget request included $359.4 million for the procurement of
Bradley A3 fighting vehicle upgrades, of which $6.1 million was included
for fielding Army National Guard (ARNG) A2 Operation Desert Storm (ODS)
variants.
The House bill would authorize an increase of $81.3 million for
upgrading an additional 65 Bradley A0 vehicles to the A2ODS variant for
ARNG.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $72.3 million for
ARNG Bradley A2ODS conversions.
Improved recovery vehicle
The budget request included $68.4 million to procure improved
recovery vehicles (IRVs) but included no funding for the procurement of
IRVs for the Army Reserve.
The House bill would authorize an increase of $8.3 million for
additional M88A2 IRV upgrades for the Army Reserve.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0 million for
additional M88A2 IRV upgrades for the Army Reserve, a total
authorization of $74.4 million.
Heavy assault bridge system modifications
The budget request included no funding to continue procurement of
the heavy assault bridge system (HAB).
The House bill would authorize an increase of $59.2 million for 12
vehicles and an increase of $13.1 million in advanced procurement for
fiscal year 2002 to maintain HAB production.
The Senate amendment would authorize an increase of $77.0 million to
restore the Wolverine heavy assault bridge program and a corresponding
decrease of $15.2 million to the AVLB SLEP program.
The conferees agree to authorize an increase of $77.0 million for
the heavy assault bridge program, a total authorization of $77.0
million. Accordingly, the conferees expect the Secretary of the Army to
budget for the HAB through the future years defense program.
Army Transformation
The budget request included $537.1 million, sufficient funds to
procure equipment and to field the first interim brigade combat team as
part of the Army transformation initiative.
The House bill and Senate amendment would authorize the budget request.
The conferees agree to authorize a total increase of $600.0 million
for the Army transformation initiative, which includes:
(1) $100.0 million for medium armored vehicle procurement;
(2) $300.0 million for medium armored vehicles for a second interim
brigade combat team; and
(3) $200.0 million for other support equipment for a second interim
brigade combat team.
Machine gun, squad automatic weapon
The budget request included no funding for the squad automatic
weapon (SAW).
The House bill would authorize an increase of $18.3 million to
complete the procurement of the M249 SAW system.
The Senate amendment would authorize an increase of $18.3 million to
procure 4,280 weapons and complete the acquisition of the SAW system.
The conferees agree to authorize an increase of $17.0 million for
the procurement of 4,280 weapons and complete the acquisition of the SAW
system, a total authorization of $17.0 million.
Overview
The budget request for fiscal year 2001 included an authorization of
$1,131.3 million for Ammunition Procurement, Army in the Department of
Defense.
The House bill would authorize $1,199.3 million.
The Senate amendment would authorize $1,224.3 million.
The conferees recommended an authorization of $1,179.9 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
155MM Sense and Destroy Armor Munition M898
The budget request included $14.9 million for the Sense and Destroy
Armor Munition.
The House bill and the Senate amendment would authorize the budget
request for this program.
Consistent with the outcome of the Department of Defense
Appropriations Act, 2001 (Public Law 106 259), the conferees agree to
authorize a decrease of $14.9 million for this program.
If the Secretary of the Army determines that it is important for the
Army to continue this program, the conferees encourage the Secretary to
submit a reprogramming request.
Overview
The budget request for fiscal year 2001 included an authorization of
$3,795.9 million for Other Procurement, Army in the Department of
Defense.
The House bill would authorize $4,095.3 million.
The Senate amendment would authorize $4,027.2 million.
The conferees recommended an authorization of $4,235.7 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
Tactical trailers/dolly sets
The budget request included no funding for tactical trailers and
dolly sets.
The House bill would authorize an increase of $3.8 million for heavy
tactical vehicle requirements for Army National Guard (ARNG) multiple
launch rocket system (MLRS) battalion conversions.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.8 million for
heavy expanded mobility ammunition trailers for ARNG MLRS battalion
conversions.
High mobility multipurpose-wheeled vehicle
The budget request included $110.7 million for 1,002 A2 model high
mobility multipurpose-wheeled vehicle (HMMWVA2s), which incorporates
upgraded electrical, braking, engine and transmission improvements, as
well as a 15-year corrosion prevention program, but included no funding
for HMMWVs to fill critical shortages in Army Reserve combat support and
combat service support units.
The House bill would authorize an increase of $5.0 million for 100
Army Reserve HMMWVA2s.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million for the
procurement of 60 HMMWVA2s for the Army Reserve, a total authorization
of $113.7 million for 1,062 HMMWVs.
Family of medium tactical vehicles
The budget request included $438.3 million to procure family of
medium tactical vehicle (FMTV) trucks to replace an aging fleet of
medium trucks found in the Army today.
The House bill would authorize an increase of $35.0 million for
additional Army Reserve trucks.
The Senate amendment would authorize an increase of $43.0 million to
procure additional FMTV trucks necessary to accelerate the fielding of
these trucks to reserve component units.
The conferees agree to authorize an increase of $37.3 million to
procure additional FMTV trucks for the reserve components, a total
authorization of $475.6 million.
Fire trucks and associated firefighting equipment
The budget request included $14.8 million for fire trucks and
associated firefighting equipment.
The House bill would authorize an increase of $1.2 million for heavy
expanded mobility tactical truck (HEMTT) fire trucks for the Army
Reserve.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.2 million for
procurement of additional HEMTT fire trucks for the Army Reserve, a
total authorization of $16.0 million.
M915/M916 line haul truck tractor
The budget request included $43.0 million for M915A3 line haul
tractors, of which $3.4 million was included for M915A3s for the Army
Reserve.
The House bill would authorize an increase of $1.6 million for the
procurement of 12 additional upgraded M915A3 tractors for the Army
Reserve.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.0 million for the
procurement of additional upgraded M915A3 tractors for the Army Reserve,
a total authorization of $44.0 million.
Weapons of Mass Destruction Civil Support Teams
The budget request included $76.4 million to sustain 27 Weapons of
Mass Destruction Civil Support Teams (WMD CSTs).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $25.0 million
for the WMD CST program. This funding would establish five additional
WMD CSTs and provide additional equipment for the WMD CST program, as
follows: $3.2 million in military personnel; $7.5 million in Operations
and Maintenance, Army; $1.8 million in Contamination Avoidance, Chemical
Biological Defense Program, Procurement, Defense-Wide; and $12.5 million
in Special Purpose Vehicles, Other Procurement, Army. Of the amounts
included in the categories specified, $4.0 million of the $12.5 million
in Special Purpose Vehicles, Other Procurement, Army would be for the
purchase of two additional Unified Command Suites (UCS) and Mobile
Analytical Labs (MALS) and for the purchase of 35 tactical mobility
systems for use by the WMD CSTs. The remainder of the funding would be
for the five additional WMD CSTs.
The conferees agree to authorize an increase of $15.7 million for
the establishment of five additional WMD CSTs, as follows: $3.2 million
in military personnel; $5.9 million in Operations and Maintenance, Army;
$900,000 in Contamination Avoidance, Chemical Biological Defense
Program, Procurement, Defense-Wide; and $5.7 million in Special Purpose
Vehicles, Other Procurement, Army.
Army data distribution system
The budget request included $32.7 million for Army data distribution
system (ADDS) requirements.
The House bill would authorize an increase of $18.5 million to
procure Enhanced Position Reporting System (EPLRS) radios for an Army
National Guard (ARNG) enhanced brigade.
The Senate amendment would authorize an increase of $5.3 million to
support EPLRS software development requirements and $27.3 million to
procure 634 EPLRS systems and accelerate efforts to meet the Army
acquisition objective for this system, a total increase of $32.6
million.
The conferees agree to authorize an increase of $37.5 million for
ADDS requirements, including $24.2 million for the procurement of EPLRS
to be allocated according to Army priorities, $8.0 million for ARNG
EPLRS, and $5.3 million for EPLRS software development, a total
authorization of $70.2 million for ADDS requirements.
Single channel ground and airborne radio systems family
The budget request included $18.3 million for the procurement and
the fielding of airborne single channel ground and airborne radio
systems (SINCGARS), but included no funding to procure SINCGARS advanced
system improvement program (ASIP) radios for the Army National Guard
(ARNG).
The House bill would authorize an increase of $30.7 million to
procure SINCGARS ASIP radios for one ARNG division.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $20.0 million for
ARNG requirements and $10.0 million for active Army requirements, a
total authorization of $48.3 million for the procurement of SINCGARS.
Area common user system modification program
The budget request included $114.0 million for area common user
system (ACUS) modification program requirements.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $60.0 million to
procure 27 down-sized communications switches and 229 high mobility DGM
assemblages (HMDA) devices and an increase of $14.0 million to
accelerate the fielding of 2,901 TS 21 Blackjack secure facsimile
machines.
The conferees agree to authorize an increase of $60.0 million for
ACUS, a total authorization of $174.0 million. Of this amount, $51.0
million is for down-sized communications switches and HMDA equipment and
$9.0 million is for TS 21 Blackjack secure facsimile machines.
Night vision devices
The budget request included $34.1 million for Army night vision
devices, of which $29.5 million was included for AN/PVS 7 night vision
goggles. However, no funding was included for third generation, 25
millimeter (mm) image intensification tube upgrades.
The House bill would authorize an increase of $12.0 million for
AN/PVS 7 night vision goggles. Of this amount, $400,000 would be used to
procure goggles for Army Reserve combat support units and $8.4 million
would be used to procure third generation, 25mm image intensification
tube upgrades.
The Senate amendment would authorize an increase of $48.0 million
for the procurement of night vision devices, as follows:
(1) an increase of $18.1 million to procure 5,000 AN/PEQ 2A and
10,000 AN/PAC 4C target pointer/aiming lights;
(2) an increase of $14.9 million to procure 18,600 AN/PVS 7 night
vision binoculars; and
(3) an increase of $15.0 million to procure 25mm image
intensification tubes for AN/PVS 4 and AN/TVS 5 night vision weapon
scopes.
The conferees agree to authorize an increase of $32.0 million for
night vision devices, as follows:
(1) an increase of $8.0 million to procure AN/PVS 7;
(2) an increase of $6.0 million to procure 25mm image
intensification tubes;
(3) an increase of $15.0 million to procure AN/PEQ 2A and AN/PAC 4C;
and
(4) an increase of $3.0 million to procure miniature eyesafe lasers.
Combat identification/aiming light
The budget request included $8.0 million for combat
identification/aiming light requirements.
The House bill would authorize an increase of $3.0 million for
combat identification/aiming light engineering and manufacturing
development requirements.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million to
support outstanding combat identification/aiming light requirements.
Standard integrated command post system
The budget request included $36.0 million to procure standard
integrated command post systems (SICPS), of which $1.3 million was
included for modular command post system (MCPS) tents.
The House bill would authorize an increase of $2.0 million and $3.0
million respectively, to procure MCPS for active and Army National Guard
units.
The Senate amendment would authorize an increase of $17.5 million to
procure additional SICPS.
The conferees agree to authorize an increase of $11.5 million, a
total authorization of $47.5 million for SICPS/MCPS procurement.
Automated data processing equipment
The budget request included $172.1 million for procurement of
automated data processing equipment (ADPE), of which $485,000 was
included for automatic identification technology (AIT).
The House bill would authorize an increase of $6.0 million for
maintenance AIT implementation.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0 million for
Army National Guard distance learning courseware and an increase of $4.0
million for maintenance AIT implementation, a total authorization of
$180.1 million for ADPE.
Ribbon bridge
The budget request included $15.7 million for ribbon bridge
equipment but included no funding to procure this equipment for Army
National Guard (ARNG) multi-role bridge companies (MRBC).
The House bill would authorize an increase of $27.0 million to
accelerate the fielding of two ARNG MRBC.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $14.5 million to
procure ribbon bridge equipment for reserve component requirements, a
total authorization of $30.2 million.
Laundries, showers, and latrines
The budget request included $12.6 million to procure the laundry
advanced system (LADS).
The House bill would authorize an increase of $9.0 million to
accelerate procurement of LADS.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0 million for
LADS, a total authorization of $16.6 million.
Combat support medical
The budget request included $31.6 million to procure deployable
medical systems and field medical equipment, but included no funding for
rapid intravenous (IV) infusion pumps or for life support trauma and
transport (LSTAT) units. The budget request also contained $6.3 million
in PE 64807A, but included no funds for LSTAT.
The House bill would authorize an increase of $18.0 million for the
procurement of combat support medical, as follows:
(1) an increase of $8.0 million to procure rapid IV infusion pumps;
(2) an increase of $6.0 million to begin procurement of LSTAT units;
and
(3) an increase of $4.0 million in PE64807A for development of
expanded LSTAT capabilities.
The Senate amendment would authorize an increase of $6.0 million for
rapid IV pumps.
The conferees agree to authorize an increase of $5.0 million for
rapid IV pumps, a total authorization of $36.6 million for combat
support medical equipment.
Roller, vibratory, self-propelled
The budget request included $4.7 million for self-propelled
vibratory roller systems.
The House bill would authorize an increase of $7.0 million to
procure 96 additional vibratory self-propelled rollers, including $3.0
million for active Army units and $4.0 million for Army Reserve units.
The Senate amendment would authorize an increase of $5.0 million to
procure 80 vehicles necessary to meet the requirements of Army engineer
units.
The conferees agree to authorize an increase of $4.0 million for
Army Reserve units and an increase of $3.0 million for active component
units, a total authorization of $11.7 million for the procurement of
roller, vibratory, self-propelled vehicles.
Hydraulic excavator
The budget request included $8.3 million for procurement of
hydraulic excavator (HYEX) equipment.
The House bill would authorize an increase of $2.3 million for 13
additional Type I HYEX systems for the Army Reserve.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.5 million for the
procurement of HYEX systems for the Army Reserve, a total authorization
of $9.8 million.
Deployable universal combat earth mover
The budget request included $14.1 million to procure deployable
universal combat earth mover (DEUCE) equipment.
The House bill would authorize an increase of $10.2 million to begin
fielding DEUCE systems for the Army's interim brigade.
The Senate amendment would authorize an increase of $7.0 million to
procure 18 DEUCE vehicles.
The conferees agree to authorize an increase of $10.2 million for
the procurement of 30 additional DEUCE vehicles, a total authorization
of $24.3 million.
Construction equipment service life extension program
The budget request included $2.0 million for service life extensions
to various types of construction equipment, but included no funding to
conduct an Army National Guard (ARNG) D 7 dozer and Army Reserve heavy
grader and scraper service life extension program (SLEP).
The House bill would authorize an increase of $10.0 million,
of which $5.0 million is for an ARNG D 7 dozer SLEP and $5.0
million is for an Army Reserve heavy scraper and grader SLEP.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0 million, of
which $5.0 million is for an ARNG D 7 dozer SLEP and $5.0 million is for
an Army Reserve heavy scraper and grader SLEP, a total authorization of
$12.0 million.
Small tug
The budget request included no funding to procure small tugs for the
Army to tow general cargo barges in harbors, inland waterways and along
coastlines.
The House bill would authorize an increase of $9.0 million to
accelerate procurement of three vessels towards completion of the
requirement of 15 small tugs.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.0 million for the
procurement of three vessels towards completion of the requirement of 15
small tugs.
Combat training center instrumentation support
The budget request included $81.8 million for combat training center
support, but included no funding for either the Army National Guard
(ARNG) deployable force-on-force instrumented range system (DFIRST) or
the multi-purpose range complex-heavy (MPRC H).
The House bill would authorize an increase of $3.2 million for MPRC
H targetry electronic upgrades and $10.5 million for three additional
DFIRST systems to continue force-on-force simulation-based training at
regional training centers, a total increase of $12.7 million.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $11.6 million for
combat training centers. Of this amount, $9.6 million would be for
additional DFIRST systems for the ARNG and $2.0 million would be for
MPRC H upgrades, a total authorization of $93.4 million.
Nonsystem training devices
The budget request included $91.9 million for procurement of
training device and range modernization requirements.
The House bill would authorize an increase of $8.0 million to
procure 30 engagement skills trainer (EST) 2000 systems and an increase
of $9.0 million for the first increment of a three-year Abrams full-crew
interactive skills trainer (A FIST) XXI conversion program, both for the
Army National Guard (ARNG), a total increase of $17.0 million for
non-system training devices.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.0 million for the
procurement of training device and range modernization requirements. Of
this amount, $5.0 million would be for the procurement of ARNG EST 2000
systems and $4.0 million would be for the first increment of a three
year ARNG A FIST XXI conversion program, a total authorization of $100.9
million.
Overview
The budget request for fiscal year 2001 included an authorization of
$1,003.5 million for Chemical Agents and Munitions Destruction, Army.
The House bill would authorize no funding for Chemical Agents and
Munitions Destruction, Army, but would transfer the authorization of
$877.1 million for Chemical Agents and Munitions Destruction, Defense.
The Senate amendment would authorize no funding for Chemical Agents
and Munitions Destruction, Army but would transfer the authorization of
$1,003.5 million for Chemical Agents and Munitions Destruction, Defense.
The conferees agree to authorize $980.1 million for Chemical Agents
and Munitions Destruction, Army. Unless noted explicitly in the
conference agreement, all changes are made without prejudice.
[Graphic Image Not Available]
Chemical Agents and Munitions Destruction, Army
The budget request for the Army included $1.0 billion for Chemical
Agents and Munitions Destruction, Army.
The House bill would authorize no funding for Chemical Agents and
Munitions Destruction, Army, but contained a provision (sec. 106) that
would authorize $877.1 million for Chemical Agents and Munitions
Destruction, Defense, for destruction of the lethal chemical agents and
munitions stockpile pursuant to section 1412 of the Department of
Defense Authorization Act for Fiscal Year 1986 (Public Law 99 45) and
destruction of chemical warfare materiel not covered by section 1412 of
the Act, a decrease of $126.4 million.
The Senate amendment would authorize no funding for Chemical Agents
and Munitions Destruction, Army, but contained a provision (sec. 106)
that would authorize $1.0 billion for Chemical Agents and Munitions
Destruction, Defense.
The conferees agree to authorize $980.1 million for Chemical Agents
and Munitions Destruction, Army, including $274.4 million for research
and development, $105.7 million for procurement, and $600.0 million for
operations and maintenance.
Section 1521(f) of title 50, United States Code, requires that
funding for the chemical agents and munitions destruction program,
including funds for military construction projects, shall be set forth
in the budget of the Department of Defense as a separate account, and
shall not be included in the budget accounts for any military
department. The conferees expect that the Secretary of Defense will
comply with these requirements in any future budget request for the
chemical agents and munitions destruction program.
The conferees recognize that uncertainties in program requirements
and execution create the potential for additional funding requirements
that may have to be addressed during fiscal year 2001. The conferees
encourage the Secretary to identify requirements for additional funds
that may be required in fiscal year 2001 to ensure execution of the
program and to make appropriate recommendations for reprogramming or
other actions necessary to provide those funds at the earliest
opportunity.
Chemical stockpile emergency preparedness project
The budget request for the chemical agents and munitions destruction
program included $600,000 in procurement funds for minor equipment
replacement and $66.7 million for chemical stockpile emergency
preparedness program (CSEPP) operations and maintenance. The conferees
note that funds provided for CSEPP in fiscal years 1999 and 2000 were
subject to a decrease of approximately nine percent and eight percent,
respectively, as a pro-rata share of the decrease to the chemical agents
and munitions destruction account. Because of the potential impact of
such reductions on the safety of those living and working near or on the
chemical stockpile storage and destructions sites, the conferees direct
that funding for CSEPP shall be at the requested level.
Non-stockpile chemical materiel project
The House report accompanying H.R. 4205 (H. Rept. 106 616) noted
that an independent assessment of the non-stockpile project had raised
several issues with respect to the project and recommended examination
of project schedule and cost risks to quantify the potential risks,
ultimate costs, and time required to complete the project. The report
expressed the belief that these issues must be addressed before
proceeding further with development and acquisition of integrated
transportable treatment systems for non-stockpile chemical materiel. The
conferees note that following submission of the fiscal year 2001 budget
request, the project manager for chemical demilitarization, conducted a
major review of the non-stockpile project, rebaselined the current
project, and is considering the results of on-going analysis and
non-stockpile cost containment efforts that could result in significant
further changes to the project that would have both cost and schedule
implications. The conferees direct that these issues, and planned and
recommended changes to the non-stockpile chemical materiel project,
schedule, and funding requirements be addressed in an addendum to the
fiscal year 2000 annual report to Congress on the chemical
demilitarization program to be submitted with the fiscal year 2002
budget request.
Destruction of non-stockpile chemical materiel in stockpile facilities
Section 141 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65) amended subsection 1412(c) of the National
Defense Authorization Act for Fiscal Year 1986 (Public Law 99 45) to
allow non-stockpile chemical agents, munitions, or related materials
specifically designated by the Secretary of Defense to be destroyed at
stockpile facilities if the affected states have issued the appropriate
permits. In the statement of managers accompanying the National Defense
Authorization Act for Fiscal Year 2000, the conferees stated the
expectation that site specific decisions relative to the issue of such
permits would be arrived at in accordance with review processes that
permit the views of the local jurisdictions to be considered.
The conferees note that federal, state, and local environmental laws
and regulations require the Army to obtain permits for construction and
the conduct of operations at each of the chemical weapons destruction
facilities that are specific to the particular disposal site and the
proposed chemical destruction operations to be conducted at the site.
The conferees also note that established procedures for the review and
approval of such statements, assessments, and permits provide for
periods of public review and comment, and opportunities for
consideration of the views of the local jurisdictions.
The conferees further note that the Environmental Protection Agency
has delegated to the individual states the authority to administer and
enforce the hazardous waste disposal requirements relative to those
sites, and consequently decisions to approve permits required for the
construction and operation of the chemical stockpile demilitarization
facilities and for destruction of non-stockpile material are reserved to
the states in which those sites are located. The conferees reiterate
that it is the intent of Congress that the views of local jurisdictions
in which the sites are located are a major factor to be considered in
the permit and review process and in any decision by state authorities
regarding such permits.
Overview
The budget request for fiscal year 2001 included an authorization of
$7,963.9 million for Aircraft Procurement, Navy in the Department of
Defense.
The House bill would authorize $8,205.8 million.
The Senate amendment would authorize $8,686.0 million.
The conferees recommended an authorization of $8,394.3 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
F/A 18E/F aircraft
The budget request included $2.819 billion for the procurement of 42
F/A 18E/F aircraft on a multiyear contract.
The House bill would authorize a decrease of $205.8 million, a total
authorization of $2.613 billion for the procurement of 39 F/A 18E/F
aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize a decrease of $13.0 million due to
production engineering support cost growth, a total authorization of
$2.806 billion for the procurement of 42 F/A 18E/F aircraft.
SH 60R helicopter
The budget request included $162.3 million for the procurement of
four remanufactured SH 60R helicopters, including the airborne low
frequency sonar system (ALFS).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $82.1 million
for the procurement of three additional remanufactured SH 60R
helicopters and an increase of $6.0 million for ALFS, a total increase
of $88.1 million.
The conferees agree to authorize an increase of $47.3 million, as
follows:
(1) an increase of $52.4 million for the procurement of two
additional remanufactured SH 60R helicopters;
(2) an increase of $4.9 million for ALFS;
(3) a decrease of $5.0 million due to cost growth in non-recurring
items; and
(4) a decrease of $5.0 million due to avionics support equipment
that can be deferred.
UC 35 aircraft
The budget request included no funding for the procurement of UC 35
medium range operational support aircraft.
The House bill would authorize an increase of $15.2 million for the
procurement of two UC 35 aircraft.
The Senate amendment would authorize an identical increase.
The conferees agree to authorize an increase of $7.6 million for the
procurement of one UC 35 aircraft for the Marine Corps.
18 series modifications
The budget request included $212.6 million for F 18 modifications.
The House bill would authorize an increase of $103.7 million for F
18 modifications, as follows:
(1) an increase of $86.9 million to procure additional ECP 583
upgrade kits for Marine Corps F/A 18A active and reserve component
aircraft;
(2) an increase of $31.0 million to procure ECP 560 upgrade kits for
Naval Reserve F/A 18A aircraft;
(3) an increase of $9.6 million to procure advanced targeting
forward-looking infrared (ATFLIR) pods for the Marine Corps Reserve F/A
18 aircraft; and
(4) a decrease of $23.8 million due to test results of the advanced
tactical airborne reconnaissance system (ATARS).
The Senate amendment would authorize an increase of $46.0 million to
upgrade F/A 18A aircraft with ECP 583.
The conferees agree to authorize an increase of $51.6 million for F
18 modifications, as follows:
(1) $46.0 million for ECP 583 for the Marine Corps active and
reserve components;
(2) $7.0 million for ATFLIR for the Marine Corps Reserve;
(3) $3.0 million for tactical aircraft moving map capability
(TAMMAC); and
(4) a decrease of $4.4 million for premature ATFLIR modifications
and installation equipment.
AH 1 series modifications
The budget request included $9.8 million for Marine Corps AH 1
aircraft modifications.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0 million to
procure four night targeting systems (NTS) for reserve component AH 1
series aircraft.
The conferees agree to authorize an increase of $4.0 million to
procure four night targeting systems for AH 1 aircraft.
H 53 series modifications
The budget request included $19.9 million for Marine Corps H 53
aircraft modification requirements.
The House bill would authorize an increase of $15.0 million for
AN/AAQ 29 forward looking infrared (FLIR) system modifications. Of this
amount, $12.4 million would be for modifying active component H 53
aircraft and $2.6 million would be for modifying Marine Corps Reserve H
53 aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.8 million, a
total authorization of $21.7 million for AN/AAQ 29 FLIR modifications
for Marine Corps Reserve aircraft.
H 1 series modifications
The budget request included $2.6 million for Marine Corps H 1
aircraft requirements.
The House bill would authorize an increase of $17.5 million for the
H 1 reclamation and conversion program.
The Senate amendment would authorize an increase of $27.5 million
for H 1 aircraft requirements. Of this amount, $10.0 million would be
for thermal imaging systems for fielded aircraft to support flight
operations at night and $17.5 million would be for the H 1 reclamation
and conversion program.
The conferees agree to authorize a total of $15.6 million for H 1
series aircraft requirements. This includes an increase of $7.0 million
for thermal imaging systems and an increase of $6.0 million for the H 1
reclamation and conversion program.
EP 3 aircraft modifications
The budget request included $25.8 million for modifications to the
EP 3 aircraft.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $25.3 million to
reflect funds that were provided for EP 3 modifications to the
Department of Defense in the Emergency Supplemental Act, 2000 (division
B of Public Law 106 246), a total authorization of $533,000.
Overview
The budget request for fiscal year 2001 included an authorization of
$1,434.3 million for Weapons Procurement, Navy in the Department of
Defense.
The House bill would authorize $1,562.3 million.
The Senate amendment would authorize $1,540.0 million.
The conferees recommended an authorization of $1,443.6 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
Trident II advance procurement
The budget request included $28.8 million for Trident II advance
procurement.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $19.3 million for
Trident II advance procurement, a total authorization of $9.5 million.
The conferees note that a significant part of the budget request was
for the purchase of missile parts that will not be needed until the
later years of the current Future Years Defense Program. However, the
conferees are aware that the supplier base for the Trident II ballistic
missile program is rapidly declining and that certain suppliers may no
longer be available in the outyears. Therefore, the conferees direct the
Secretary of the Navy to evaluate the Trident II supplier base to
determine if any additional advance procurement funds are required in
fiscal year 2001. If the Secretary determines that additional advance
procurement funds are necessary during fiscal year 2001 to purchase
parts that will not be available in subsequent years, the conferees
invite the Secretary to seek a reprogramming for this purpose.
Drones and decoys
The budget request included no funding for drones and decoys.
The House bill would authorize an increase of $10.0 million for
aerial targets for the procurement of improved tactical air-launched
decoys (ITALDs).
The Senate amendment would authorize the budget request.
The conferees agree to authorize $10.0 million in drones and decoys
for the procurement of ITALDs.
Weapons industrial facilities
The budget request included $21.3 million for various activities at
government-owned and contractor-operated weapons industrial facilities.
The House bill would authorize a decrease of $1.0 million for
weapons industrial facilities.
The Senate amendment would authorize an increase of $7.7 million to
accelerate the facilities restoration program at the Allegany Ballistics
Laboratory.
The conferees agree to authorize an increase of $7.7 million for the
facilities restoration program at the Allegany Ballistics Laboratory.
Mark 48 advanced capability torpedo modifications
The budget request included $16.4 million for Mark 48 advanced
capability (ADCAP) torpedo modifications.
The House bill would authorize a decrease of $1.0 million for Mark
48 ADCAP torpedo.
The Senate amendment would authorize an increase of $2.0 million for
Mark 48 ADCAP modifications to field improved capability for littoral
operations in the submarine fleet as soon as possible.
The conferees agree to authorize an increase of $2.0 million for
Mark 48 ADCAP modifications.
Close-in weapons system modifications
The budget request included $964,000 for modifications to the
close-in weapons system (CIWS) for surface ships.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $30.0 million
for the procurement and modification of CIWS mounts to the block 1B
configuration.
The conferees agree to authorize an increase of $25.0 million for
CIWS block 1B modifications.
Gun mount modifications
The budget request included $4.8 million for the procurement and
installation of modifications to surface ship gun mounts.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $30.0 million
for the procurement of modifications to five inch 54 caliber guns for
surface ships.
The conferees agree to authorize an increase of $25.0 million for
modifications to five inch 54 caliber guns for surface ships.
Overview
The budget request for fiscal year 2001 included an authorization of
$429.6 million for Ammunition Procurement, Navy and Marine Corps in the
Department of Defense.
The House bill would authorize $481.3 million.
The Senate amendment would authorize $500.7 million.
The conferees recommended an authorization of $487.7 million. Unless
noted explicitly in the statement of managers, all changes are made
without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
Overview
The budget request for fiscal year 2001 included an authorization of
$12,296.9 million for Shipbuilding and Conversion, Navy in the
Department of Defense.
The House bill would authorize $11,982.0 million.
The Senate amendment would authorize $12,900.1 million.
The conferees recommended an authorization of $12,826.9 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
DDG 51 destroyers
The budget request included $2.7 billion for the procurement of
three Arleigh Burke -class DDG 51 destroyers.
The House bill and the Senate amendment would authorize the budget
request.
The conferees note recent developments that indicate basic
construction cost growth for DDG 51 destroyers. Therefore, the conferees
agree to authorize a decrease of $10.0 million for the procurement of
three DDG 51 destroyers.
LHD 8 advance procurement
The Future Year Defense Program (FYDP) accompanying the budget
request included LHD 8 advance procurement in fiscal year 2004 and full
funding in fiscal year 2005.
The House bill would authorize an increase of $10.0 million for
advance procurement of LHD 8.
The Senate amendment would authorize an increase of $460.0 million
to continue the advance procurement and advance construction of
components for the LHD 8 amphibious ship.
The conferees agree to authorize an increase of $460.0 million to
continue the advance procurement and advance construction of components
for the LHD 8 amphibious ship.
Ship outfitting
The budget request included $301.1 million for outfitting new
construction ships with initial on board repair parts and equipage.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to a $10.0 million decrease for ship outfitting
resulting from recent adjustments to the LPD 17 procurement.
Overview
The budget request for fiscal year 2001 included an authorization of
$3,334.6 million for Other Procurement, Navy in the Department of
Defense.
The House bill would authorize $3,432.0 million.
The Senate amendment would authorize $3,378.3 million.
The conferees recommended an authorization of $3,380.7 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
Surveillance and security for military sealift ships
The budget request included no funding for thermal imaging
surveillance and security for military sealift ships.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0 million for
thermal imaging surveillance and security procurement and installation
on Military Sealift Command (MSC) ships.
The conferees agree to authorize an increase of $4.0 million for
thermal imaging surveillance and security procurement and installation
on MSC ships.
AN/WSN 7 inertial navigation system
The budget request included $7.3 million for procurement of AN/WSN 7
ring laser inertial navigation systems.
The House bill would authorize an increase of $12.0 million for
AN/WSN 7 navigation sets.
The Senate amendment would authorize an increase of $7.0 million for
the procurement and installation of additional AN/WSN 7 navigation sets.
The conferees agree to authorize an increase of $10.0 million for
the procurement and installation of additional AN/WSN 7 navigation sets.
Integrated condition assessment system
The budget request included $11.3 million for the integrated
condition assessment system (ICAS) for ships. The ICAS is a system that
electronically monitors the operating parameters of machinery and
electronic systems, thus reducing man-hours spent taking readings on
equipment.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0 million for
procurement and installation of ICAS equipment for surface ships.
The conferees agree to authorize an increase of $4.0 million for
procurement and installation of ICAS equipment for surface ships.
AN/SPS 73(V) surface search radar
The budget request included no funding for procurement and
installation of AN/SPS 73(V) surface search radars which would replace a
number of aging radars on surface ships with one radar.
The House bill would authorize an increase of $14.0 million for the
procurement and installation of AN/SPS 73(V) radars.
The Senate amendment would authorize an increase of $8.0 million for
the procurement and installation of AN/SPS 73(V) radars.
The conferees agree to authorize an increase of $14.0 million for
the procurement and installation of AN/SPS 73(V) radars.
Nuclear attack submarine acoustics
The budget request included $106.6 million for nuclear attack
submarine (SSN) acoustics but included no funding for the refurbishment
and upgrade of TB 23 submarine towed arrays.
The House bill would authorize an increase of $8.0 million to
sustain the TB 23 array refurbishment and upgrade program.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0 million for the
TB 23 array refurbishment and upgrades.
Conferees note that the Navy intends to upgrade all submarine towed
acoustics arrays with the TB 29A array beginning in fiscal year 2002 but
at a rate that will require the TB 23 array to remain in service for at
least the next decade.
Sonar support equipment
The budget request included no funding for sonar support equipment
and included no funding for surface sonar windows and domes.
The House bill would authorize an increase of $5.0 million in
undersea warfare support equipment to complete development of production
tooling and fabrication of the first production sonar dome with a new
material system.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.0 million for
completing development and validation of a new sonar dome material
fabrication process including production tooling and fabrication of the
first production sonar dome.
Shipboard indications and warnings exploit
The budget request included $61.5 million for shipboard equipment to
exploit indications and warnings (IW) from sources outside the ship.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $500,000 for
shipboard IW exploit due to recent contract savings.
Side-scanning sonar for forward deployed minesweepers
The budget request included no funding for side-scanning sonar for
forward deployed minesweepers.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0 million for
the procurement and installation of a side-scanning sonar in a forward
deployed minesweeper to enhance the ability to detect and classify
bottom mines.
The conferees agree to authorize an increase of $4.0 million
for the procurement and installation of a commercial
off-the-shelf side-scanning sonar in a forward deployed minesweeper.
Shallow water mine countermeasures
The budget request included $16.9 million for shallow water mine
countermeasures equipment.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $500,000 for shallow
water mine countermeasures due to recent contract savings.
Other training equipment
The budget request included $21.4 million for other training
equipment, including $16.4 million for the procurement of equipment to
support battle force tactical training (BFTT) programs.
The House bill would authorize an increase of $4.0 million to
upgrade the BFTT system in order to provide an air traffic control (ATC)
training capability for aircraft carrier crews.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0 million to
upgrade the BFTT system for ATC training aboard aircraft carriers.
Joint tactical terminal
The budget request included $32,000 for program support for tactical
terminals including the joint tactical terminal (JTT).
The House bill would authorize an increase of $6.0 million for
procurement and installation of additional JTT.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0 million for
procurement and installation of additional JTT.
Joint engineering data management and information control system
The budget request included no funding for the joint engineering
data management and information control system (JEDMICS), the designated
Department of Defense standard system for management, control and
storage of engineering drawings.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.0 million for
procurement, integration and accreditation surveys to ensure JEDMICS is
fully compliant with the joint technical data environment.
The conferees agree to authorize an increase of $4.0 million for
procurement, integration and accreditation surveys to ensure JEDMICS is
fully compliant with the joint technical data environment.
The conferees note that this system is designed as an open,
client-server architecture and is nearing full deployment for global
access to the data in its repositories. However, the JEDMICS data
available is not fully accessible to all clients using the joint
technical data environment.
Naval shore communications equipment
The budget request included $176.1 million for procurement and
installation of naval shore communications equipment.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $10.0 million for
naval shore communications equipment as a result of budgeting for
redundant systems.
Sonobuoys
The budget request included $49.5 million for the procurement of
sonobuoys, including AN/SSQ 36, AN/SSQ 53E, AN/SSQ 57, AN/SSQ 62E,
AN/SSQ 77, AN/SSQ 101, and Signal Underwater Sound (SUS) buoys.
The House bill would authorize an increase of $18.0 million to
address the sonobuoy shortfall, including $3.0 million for the AN/SSQ
53E, $5.0 million for the AN/SSQ 62E, and $10.0 million for the AN/SSQ
77.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million for
non-beam forming passive sonobuoys and an increase of $3.0 million for
the AN/SSQ 62 (DICASS) sonobuoy.
Weapons range support equipment
The budget request included $15.1 million for weapons range support
equipment, including $2.7 million for procurement of ten underwater
acoustic telemetry modems, $1.2 million for a Gulf of Mexico portable
mine warfare range, and no funding to procure mobile remote emitter
simulator (MRES) systems.
The House bill would authorize an increase of $7.5 million for the
procurement and installation of one MRES system.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $7.5 million for
MRES, a decrease of $2.7 million for underwater acoustic telemetry
modems, and a decrease of $1.2 million for Gulf of Mexico mine warfare
range.
Rolling airframe guided missile launcher
The budget request included $37.3 million for procurement and
installation of rolling airframe (RAM) guided missile launchers.
The House bill and the Senate amendment would authorize the
budget request.
The conferees agree to authorize a decrease of $500,000 for
procurement and installation of RAM launchers as a result of recent
contract savings.
Cruiser smart ship
The budget request included $47.9 million for programs referred to
as ``smart ship'' programs. Of this amount, $22.5 million would be for
smart ship equipment procurement and logistics for Ticonderoga -class
cruisers.
The House bill would authorize the budget request.
The Senate bill would authorize a decrease of $17.5 million for
procurement of smart ship equipment.
The conferees agree to authorize a decrease of $10.0 million for
procurement of smart ship equipment.
NULKA anti-ship missile decoy system
The budget request included $33.8 million for procurement and
installation of the NULKA anti-ship missile decoy program.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $4.3 million for
the procurement of NULKA launcher systems and decoys to outfit the fleet
with this key self-defense equipment and an increase of $4.3 million in
the Navy operations and maintenance account for critical training on the
NULKA system.
The conferees agree to authorize an increase of $4.3 million for the
procurement of NULKA launcher systems and decoys and an increase of $4.3
million in the Navy operations and maintenance account for critical
training on the NULKA system, a proven decoy for anti-ship missiles.
SSN combat control systems
The budget request included $20.9 million nuclear fast attack
submarine (SSN) combat control systems.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $1.3 million for
AN/BSG 1 weapons launching system as a result of an operational testing
delay.
Civil engineering support equipment
The budget request included $10.5 million for light and medium duty
tactical equipment used mostly by the Naval Construction Force (NCF),
Maritime Prepositioning Force (MPF), Naval Beach Group (NBG), and other
special operating units.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $10.0 million
for the procurement of civil engineering support equipment for the NCF.
The conferees agree to authorize an increase of $10.0 million for
the procurement of civil engineering support equipment for the NCF.
Education support equipment
The budget request included $2.1 million for the virtual recruiting
program which utilizes computer-based recruiting kiosks.
The House bill would authorize an increase of $2.0 million for
procurement of 150 armed forces recruiting kiosks.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0 million for
procurement of 150 armed forces recruiting kiosks.
Overview
The budget request for fiscal year 2001 included an authorization of
$1,171.9 million for Marine Corps Procurement, Navy in the Department of
Defense.
The House bill would authorize $1,254.7 million.
The Senate amendment would authorize $1,191.0 million.
The conferees recommended an authorization of $1,212.8 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
Communications and electronic infrastructure support
The budget request included $80.6 million for Marine Corps
communications and electronic infrastructure support requirements.
The House bill would authorize an increase of $2.0 million for
common end-user equipment requirements for the Marine Corps Reserve in
another line.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.0 million for
common end-user equipment requirements for the Marine Corps Reserve, a
total authorization of $82.6 million for communications and electronic
infrastructure support.
Night vision equipment
The budget request included $14.4 million for Marine Corps night
vision equipment.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.7 million for
improved night/day fire-control observation devices (INOD) for Marine
Corps ground forces and an increase of $2.0 million to procure M203
tilting brackets.
The conferees agree to authorize an increase of $2.0 million for
INOD systems to support improvements to Marine Corps fire control
requirements and an increase of $2.0 million for M203 tilting brackets.
Radio systems
The budget request included $3.1 million for Marine Corps radio
system requirements.
The House bill would authorize an increase of $12.0 million for
tactical handheld radios.
The Senate amendment would authorize an increase of $6.4 million for
additional enhanced position location reporting system (EPLRS)
equipment.
The conferees agree to authorize an increase of $13.4 million for a
total authorization of $16.5 million. Of this amount, $7.0 million is
for tactical handheld radio requirements and $6.4 million is for EPLRS.
5/4 ton truck high mobility multipurpose wheeled vehicles
The budget request included $124.4 million for Marine Corps high
mobility multipurpose wheeled vehicles (HMMWV).
The House bill would authorize an increase of $23.0 million for
HMMWVA2 vehicles.
The Senate amendment would authorize an increase of $2.0 million for
additional HMMWV's necessary to field recruiter vehicle requirements.
The conferees agree to authorize an increase of $15.0 million for
HMMWVA2 vehicles for the Marine Corps.
Material handling equipment
The budget request included $36.3 million for material handling
equipment requirements.
The House bill would authorize an increase of $12.1 million for D 7G
bulldozer and scraper remanufacture requirements.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $12.1 million for D
7G bulldozer and scraper remanufacture requirements.
Overview
The budget request for fiscal year 2001 included an authorization of
$9,539.6 million for Aircraft Procurement, Air Force in the Department
of Defense.
The House bill would authorize $10,267.2 million.
The Senate amendment would authorize $9,966.3 million.
The conferees recommended an authorization of $9,923.9 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
16C aircraft
The budget request included no funding for the procurement of F 16C
aircraft.
The House bill would authorize an increase of $51.7 million for the
procurement of three block 50/52 F 16C aircraft, and would require the
Department to combine $24.0 million of advance procurement funds
appropriated in fiscal year 2000 for this purpose. The House report
accompanying H.R. 4205 (H. Rept. 106 616) directed the Secretary of the
Air Force to assign block 40 or later F 16 aircraft to Air National
Guard fighter units whose capabilities have been downgraded as a result
of the substitution of older block F 16 aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $51.7 million for
the procurement of two F 16 block 50/52 aircraft, recognizing that the
fiscal year 2000 funds were rescinded. The conferees agree to accept the
Air Force proposal to upgrade the capability of Air National Guard
fighter units, whose capabilities have been downgraded, with F 16C block
30 or better aircraft equipped with advanced targeting pods. The
conferees understand that these advanced targeting pods are necessary to
enable the aircraft to accomplish precision strike missions. The
conferees expect the Air Force will provide an adequate number of these
advanced targeting pods for Air National Guard units to support
peacetime training and, when tasked, operational deployments.
C 17 aircraft
The budget request included $2.212 billion for the procurement of 12
C 17 aircraft under a multi-year program.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $41.0 million in
response to an Air Force request for transfer to advance procurement, a
total authorization of $2.171 billion.
C 17 advance procurement
The budget request included $266.8 million for advance procurement
for the C 17 multi-year program.
The House bill and the Senate amendment would authorize the budget
request.
The conferees agree to authorize a decrease of $9.0 million, as
follows:
(1) an increase of $41.0 million transferred from the C 17 aircraft
program; and
(2) a decrease of $50.0 million due to a revision of advance
procurement funding requirements.
EC 130J aircraft
The budget request included no funding for the procurement of the EC
130J aircraft.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $90.0 million
for the procurement of one EC 130J aircraft.
The conferees agree to authorize $90.0 million for the procurement
of one EC 130J aircraft. The conferees expect the Department of the Air
Force to utilize these funds in the most effective manner for EC 130
fleet modernization in the event that EC 130J procurement contract
savings for this aircraft materialize.
B 52 aircraft modifications
The budget request included $8.4 million for modifications to the B
52 aircraft.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $12.0 million
for improved electronic countermeasures.
The conferees agree to authorize an increase of $9.0 million for
improved electronic countermeasures for the B 52 aircraft, a total
authorization of $17.4 million.
A 10 aircraft integrated flight and fire control computer
The budget request included $33.9 million for modifications to the A
10 aircraft, but included no funding for procurement of the integrated
flight and fire control computer (IFFCC).
The House bill would authorize an increase of $6.8 million for
IFFCCs and an increase of $8.6 million for situational awareness data
link (SADL) upgrades for Air National Guard aircraft, a total increase
of $15.4 million.
The Senate amendment would authorize an increase of $11.2 million
for the procurement of IFFCCs.
The conferees agree to authorize an increase of $6.8 million for A
10 IFFCCs, a total authorization of $40.7 million.
15 modifications
The budget request included $258.2 million for F 15 modifications.
The House bill would authorize an increase of $100.0 million for F
15 modifications, as follows:
(1) an increase of $70.0 million for upgrading F 15 engines from the
F100 PW 100 to the F100 PW 220E configuration for the Air National
Guard; and
(2) an increase of $30.0 million to integrate the BOL countermeasure
dispenser system on Air National Guard (ANG)
15A and F 15B aircraft.
The Senate amendment would authorize an increase of $74.9 million,
as follows:
(1) an increase of $48.0 million for additional F 15 engine
upgrades; and
(2) an increase of $26.9 million for the procurement of BOL systems
and countermeasures for the F 15 aircraft.
The conferees agree to authorize an increase of $52.0 million for F
15 modifications, as follows:
(1) an increase of $36.0 million for F 15 engine upgrades to the
F100 PW 220E configuration;
(2) an increase of $26.4 million for the procurement of BOL systems
and countermeasures for integration on ANG F 15A and F 15B aircraft; and
(3) a decrease of $10.4 million due to delays and technical problems
with the ALQ 135.
16 aircraft modifications
The budget request included $248.8 million for modifications to the
F 16 aircraft.
The House bill would authorize an increase of $49.3 million, for F
16 modifications, as follows:
(1) an increase of $25.0 million to procure additional F 16
precision targeting pods for the Air National Guard;
(2) an increase of $12.3 million to accelerate the procurement of
ALE 50 towed decoy pylons; and
(3) an increase of $12.0 million to improve reliability and reduce
costs for the F 16 airborne video tape recorder.
The Senate amendment would authorize an increase of $119.5 million
for F 16 modifications, as follows:
(1) an increase of $16.5 million for the procurement of the digital
terrain system;
(2) an increase of $34.0 million for the procurement of precision
targeting pods; and
(3) an increase of $69.0 million for the retrofit of Air National
Guard block 42 F 16 aircraft with F100 PW 229 engines.
The conferees agree to authorize an increase of $56.7 million for F
16 aircraft modifications, as follows:
(1) an increase of $12.0 million for the procurement of digital
terrain systems;
(2) an increase of $48.7 million for the retrofit of Air National
Guard block 42 F 16 aircraft with F100 PW 229 engines; and
(3) a decrease of $4.0 due to delays with the Joint Helmet Mounted
Cueing System.
Defense airborne reconnaissance program modifications
The budget request included $165.5 million for the defense airborne
reconnaissance program (DARP) for modifying various reconnaissance
aircraft, including the RC 135 and U 2 aircraft.
The House bill would consolidate all RC 135 DARP items in this
funding line, and transfer U 2 DARP items to the DARP aircraft support
equipment funding line. The House bill would also authorize an increase
of $78.2 million for DARP modifications, as follows:
(1) an increase of $44.0 million to convert two C 135 aircraft into
RC 135 training aircraft configurations;
(2) an increase of $9.0 million for a motion-capable operational
flight trainer;
(3) an increase of $28.4 million for equipment associated with
meeting the requirements of global air traffic management (GATM);
(4) an increase of $10.0 million for the theater airborne warning
system (TAWS);
(5) an increase of $5.1 million for RC 135 modifications transferred
from the DARP aircraft support equipment line; and
(6) a decrease of $18.3 million for U 2 modifications transferred to
the DARP aircraft support equipment line for consolidation.
The Senate amendment would authorize an increase of $3.0 million for
the procurement of Senior Year electro-optic reconnaissance system
(SYERS) equipment for the U 2 aircraft.
The conferees agree to consolidate all RC 135 aircraft DARP
modifications in this line and transfer U 2 aircraft DARP modifications
to the DARP aircraft support equipment line. The conferees acknowledge
that funds for the RC 135 operational flight trainer were provided in
the Emergency Supplemental Act, 2000 (division B of Public Law 106 246).
The conferees agree to a decrease of $13.2 million for RC 135 DARP for a
total authorization of $152.3 million, as follows:
(1) an increase of $5.1 million for transfer of RC 135 aircraft DARP
modifications from DARP aircraft support equipment; and
(2) a decrease of $18.3 million for transfer of U 2 aircraft DARP
modifications to the DARP aircraft support equipment DARP line for
consolidation.
Other aircraft modifications
The budget request included $28.2 million for other aircraft
modifications.
The House bill would authorize an increase of $7.0 million for light
weight environmentally sealed parachute assemblies and an increase of
$20.6 million for the situational awareness data link (SADL) for Air
National Guard (ANG) A 10, C 130, and C 135
aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $5.5 million for the
ANG SADL for A 10, C 130, and C 135 aircraft, a total authorization of
$33.7 million for other aircraft modifications.
Defense airborne reconnaissance program aircraft support equipment
The budget request included $98.4 million for the defense airborne
reconnaissance program for modifying various reconnaissance aircraft,
including U 2 and RC 135 aircraft.
The House bill would consolidate all U 2 DARP items in this funding
line, and transfer all RC 135 DARP items to the DARP modification
funding line. The House bill would authorize an increase of $30.2
million for DARP, as follows:
(1) an increase of $3.0 million for the procurement of additional
Senior Year electro-optic reconnaissance system (SYERS) equipment;
(2) an increase of $4.0 million for procurement of additional joint
signals intelligence avionics family (JSAF) equipment;
(3) an increase of $10.0 million to convert one U 2S aircraft to a U
2ST trainer aircraft configuration;
(4) an increase of $18.3 million for U 2 aircraft DARP modifications
transferred from elsewhere, consisting of increases of $9.9 million for
a power upgrades and $8.4 million for dual data links; and
(5) a decrease of $5.1 million due to the transfer of RC 135
aircraft modifications to the DARP modifications funding line.
The Senate amendment would authorize an increase of $8.0 million in
DARP aircraft support equipment for JSAF, specifically the U 2, and an
increase of $3.0 million for SYERS, specifically the U 2 in the DARP
modifications line.
The conferees agree to authorize a decrease of $87.3 million in DARP
aircraft support equipment, as follows:
(1) an increase of $3.0 million for SYERS equipment;
(2) an increase of $8.0 million for JSAF;
(3) an increase of $18.3 million for U 2 aircraft DARP modifications
transferred from elsewhere, consisting of increases of $9.9 million for
power upgrades and $8.4 million for dual data links;
(4) a decrease of $5.1 million for transfer of RC 135 aircraft
modifications to the DARP modifications line; and
(5) a decrease of $111.6 million for U 2 DARP modifications. These
funds were provided in the Emergency Supplemental Act, 2000 (division B
of Public Law 106 246). Overview
Overview
The budget request for fiscal year 2001 included an authorization of
$638.8 million for Ammunition Procurement, Air Force in the Department
of Defense.
The House bill would authorize $638.8 million.
The Senate amendment would authorize $666.8 million.
The conferees recommended an authorization of $646.8 million. Unless
noted explicitly in the statement of managers, all changes are made
without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
Overview
The budget request for fiscal year 2001 included an authorization of
$3,061.7 million for Missile Procurement, Air Force in the Department of
Defense.
The House bill would authorize $3,046.7 million.
The Senate amendment would authorize $3,008.0 million.
The conferees recommended an authorization of $2,863.8 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
Overview
The budget request for fiscal year 2001 included an authorization of
$7,699.1 million for Other Procurement, Air Force in the Department of
Defense.
The House bill would authorize $7,869.9 million.
The Senate amendment would authorize $7,717.5 million.
The conferees recommended an authorization of $7,711.6 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
Intelligence communications equipment
The budget request included $5.5 million for intelligence
communications equipment.
The House bill would authorize an increase of $5.0 million for Eagle
Vision and an increase of $4.0 million for secure terminal equipment.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.0 million in
intelligence communications equipment, including an increase of $5.0
million for Eagle Vision and $4.0 million for secure terminal equipment,
a total authorization of $14.5 million.
Combat training ranges
The budget request included $26.0 million for the procurement of
equipment for combat training ranges, of which $18.4 million is for
advanced threat upgrades.
The House bill would authorize an increase of $1.0 million for the
advanced message-oriented data security module (AMODSM).
The Senate amendment would authorize an increase of $20.0 million to
procure additional advanced threat emitters for combat training ranges.
The conferees agree to authorize an increase of $20.0 million to
procure additional advanced threat emitters for combat training ranges,
a total authorization of $46.0 million.
Items less than $5.0 million
The budget request included $6.7 million for the procurement of
items less than $5.0 million.
The House bill would authorize $7.0 million in other aircraft
modifications for the procurement of lightweight environmentally-sealed
parachute assemblies (LESPAs).
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million for the
procurement of LESPAs, a total authorization of $9.7 million.
Overview
The budget request for fiscal year 2001 included an authorization of
$2,275.3 million for Defense-wide Procurement in the Department of
Defense.
The House bill would authorize $2,309.1 million.
The Senate amendment would authorize $2,210.5 million.
The conferees recommended an authorization of $2,278.4 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
MH 60 aerial refueling probes and 200 gallon fuel tanks
The budget request included $68.5 million for Procurement,
Defense-wide, Special Operations Forces (SOF) rotary wing upgrades, but
included no funding to continue the effort to upgrade the entire MH 60
fleet with aerial refueling probes and new, internal fuel tanks.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $18.9 million to
procure and install the aerial refueling probes and 200 gallon fuel
tanks required to complete the upgrade of the SOF MH 60 fleet.
The conferees agree to authorize an increase of $10.0 million in
Procurement, Defense-wide, for SOF rotary wing upgrades for the purpose
of procuring and installing aerial refueling probes and 200 gallon fuel
tanks to continue the upgrade of the SOF MH 60 fleet.
Special operations forces small arms and support equipment
The budget request included $11.8 million for Procurement,
Defense-wide, Special Operations Forces (SOF) small arms and support
equipment, but included no funding to continue the procurement of SOF
body armor load carriage systems (BALCS), the modular integrated
communications helmet (MICH), or the SOF peculiar modifications to the M
4 carbine (SOPMOD).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $21.7 million to
procure approximately half of the equipment required to fully equip all
SOF operators.
The conferees agree to authorize an increase of $12.4 million in
Procurement, Defense-wide, SOF small arms and support equipment,
including $4.9 million for BALCS, $2.5 million for MICH, and $5.0
million for SOPMOD.
ITEMS OF SPECIAL INTEREST
Air Mobility Command
The conferees are aware that regional commanders in chief (CINCs)
continue to highlight a requirement for improved strategic lift
capabilities, which remains the most compelling deficiency that our
CINCs face in meeting their responsibility to execute the National
Military Strategy. The conferees are also concerned to note the recent
statements that confirm our total airlift capability is insufficient to
execute the National Military Strategy. The conferees note that the
Joint Chiefs of Staff Mobility Requirements Study of Fiscal Year 2005
(MRS 05) will not take into account certain fact-of-life changes in
airlift requirements, specifically the transformation by the Army. The
conferees direct the Secretary of the Air Force to deliver an analysis
to the congressional defense committees by
March 15, 2001. This analysis should use MRS 05 results and
fiscal year 2000 readiness statistics for the C 141, C 5, and C 17
fleets. The analysis should determine readiness levels that are required
to execute the National Military Strategy, and should explore
alternatives to existing aircraft stationing plans for both active and
reserve component airlift forces that are available to support existing
lift requirements.
Intelligence, surveillance and reconnaissance programs
It is clear to the conferees that the Department of Defense (DoD)
will place increasing reliance upon intelligence, surveillance and
reconnaissance (ISR) programs in future operations. Experience in
supporting DoD operations, including recent experience in the Balkans,
has shown that relatively small numbers of ISR forces will be in high
demand to provide information superiority. DoD has identified this
information superiority as a ``critical enabler'' in the ongoing
transformation of the Department.
The Department has identified shortages of some of these ``high
demand/low density'' assets in various reports. The conferees are also
aware that the Department has conducted and has underway studies on
various pieces of the ISR puzzle, many at request of Congress.
The various reports of ``lessons learned'' from Kosovo operations,
the fiscal year 2001 budget request, and the unfunded priority lists for
fiscal year 2001 identified some specific fixes to specific problems.
What is less clear is whether the Department, in view of these ``lessons
learned'', has attempted to provide an overarching vision for ISR
forces, to include sustaining and modernizing the current force, and
improving ISR capabilities in the future.
Therefore, the conferees direct the Secretary of Defense to provide
an analysis concurrent with the submission of the fiscal year 2002
budget request, that:
(1) evaluates the current ISR capability and forces;
(2) identifies those ISR capabilities and forces that need to be
sustained and modernized;
(3) enumerates those capabilities that need to be created or
enhanced to ensure that ISR forces can contribute to achieving the
information superiority for the transformed military forces; and
(4) itemizes how the budget and the Future Years Defense Program
supports these needs.
LPD 17 amphibious ships
The budget request included $1.5 billion for procurement of two San
Antonio -class LPD 17 amphibious ships: LPD 21 and LPD 22. In addition,
the budget request included $20.7 million for advance procurement for
two San Antonio -class LPD 17 amphibious ships.
The House bill and the Senate amendment would authorize the budget
request.
The conferees fully support the LPD 17 program and recognize the
requirement to deliver these ships to the Navy and Marine Corps as soon
as possible to support a key element of split amphibious ready group
operations and the Marine Corps operational maneuver from the sea
(OMFTS) concept.
Concerns regarding LPD 17 first ship design completion prior to
transition to production led to congressional reassessment of the LPD 17
procurement request. The reassessment centered on the question of
whether delays in the start of production of the lead ship would
translate into schedule delays for subsequent ships, LPD 21 and LPD 22.
This reassessment, in light of overall national defense budget
realities, led to a shift in appropriations procurement strategy for LPD
21 and LPD 22.
However, subsequent to passage of the Department of Defense
Appropriations Act for Fiscal Year 2001, the following significant
actions occurred which led authorization conferees to conduct a further
review of the progress of the LPD 17 program:
(1) The Navy commenced full rate construction of the lead ship, LPD
17, based on an extensive Production Readiness Review;
(2) Unprecedented levels of design completion were achieved prior
commencing full production of LPD 17; and
(3) The Secretary of the Navy stated that fiscal year 2001 full
funding for the LPD 21 and LPD 22 will permit the Navy to execute
construction on schedule due to the achievement of 75 percent total ship
design completion and 95 percent individual ship unit design completion
prior to initial construction.
Based on this new information regarding significant program actions,
the conferees agree to authorize the budget request.
The conferees expect the Navy to submit budget requests that include
full funding for future San Antonio-class LPD 17 ships and adequate
advance procurement to ensure that production continues at an efficient
level and without interruption.
The conferees note with concern the adverse impact that reducing
ship procurement has on the requirement for annual investment of $10.0
to $12.0 billion for ship construction necessary to maintain a Naval
force structure of 300 ships. Therefore, the conferees support
appropriation of additional procurement funds for LPD 17 in fiscal year
2001 should additional appropriations for the Department of Defense
become available.
Multipurpose individual munition
The conferees believe the capabilities represented by the
multipurpose individual munition (MPIM) system are critical to future
requirements associated with the national military strategy. The
conferees are concerned with recent actions taken by the Secretary of
the Army to begin termination of the MPIM
program after a significant investment and an extensive
research and development effort. The Army has noted that the system has
not met specified weight requirements and has historically suffered from
technical and performance difficulties. While the conferees believe that
most of the technical issues can be resolved, weapon system weight
appears to be the compelling reason for program termination. The
conferees believe, however, in light of the fact there is no other
system in the inventory to fulfill MPIM requirements, no clarity on the
final weight alternatives, and no program exists to meet these
requirements, the Army should not terminate the MPIM program until these
facts are reviewed.
The conferees agree with Army requirements documents that suggest
there are clear and compelling needs to field a system, such as MPIM, to
support soldiers for either combat or peacekeeping missions. Therefore,
the conferees expect the Secretary of the Army to conduct a final,
thorough review of the status of this program, alternatives to the
status quo, and provide a plan to the congressional defense committees,
no later than January 30, 2001, on how these requirements will be met as
soon as practicable.
Shipbuilding overview
The conferees note that on June 26, 2000, the Secretary of Defense
delivered to Congress the long-range shipbuilding report required by
section 1013 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106 65).
The conferees agree that the report provides a framework for
discussion of new ship construction plans necessary to maintain the
number of ships required to carry out the national security strategy
through fiscal year 2030. The report of the Secretary concludes that a
steady state building rate of 8.7 ships annually is required to maintain
at least 306 ships. The Secretary's report states that, ``. . . the
annual funding required to sustain the force . . . will require an
average of $14 billion per year.'' The report of the Secretary also
acknowledges the discrepancy between: (1) the requirement to buy 8.7 new
construction ships annually to maintain at least 306 ships; and (2)
according to the Secretary's report, ``. . . the President's Budget for
FY 2001 2005 which funds an average of 7.8 ships.''
The conferees note two deficiencies in the report of the Secretary.
Consistent with the 1999 attack submarine study developed by the
Chairman of the Joint Chiefs of Staff, the report of the Secretary uses
a larger nuclear attack submarine (SSN) force structure of 55 SSNs,
versus the original Quadrennial Defense Review (QDR) goal of 50 SSNs.
However, the shipbuilding plan in the report does not achieve a force
level of 18 Virginia -class SSNs that the CJCS report states is required
in fiscal year 2015 to counter the technologically pacing threat. The
shipbuilding plan in the report would only provide 16 Virginia -class
submarines by fiscal year 2015.
The second flaw in the report of the Secretary is its supposition
that a delay in required annual investments is possible due to the size
of the fleet and the average age of the ships in the fleet.
The Secretary's report fails to assess the risks associated with
having to ramp-up to a higher level of investment later in the planning
period. The report discusses risks associated with deviation from the
long-range shipbuilding plan, but focuses primarily on the shipbuilding
industrial base. There is no discussion of the risks associated with
pursuing the shipbuilding plan's uneven investment strategy,
particularly a plan that defers near-term investment and requires that
the Navy double the annual shipbuilding procurement rate by fiscal year
2013 just to support the currently envisioned force structure. Whereas
the report acknowledges that there may be additional future requirements
for ships (i.e., for ballistic missile defense and sea-based land
attack), it does not include an evaluation of the risks of not including
the additional ships in the shipbuilding plan.
The conferees are concerned with the gap between the requirement
stated in the long-range shipbuilding plan and the ships included in
recent budget requests submitted to Congress by the President.
Unfortunately, the Secretary's long-range shipbuilding report does not
provide a clear plan to maintain the force structure recommended in the
report, required to carry out the national security strategy. The
conferees expect the Secretary of Defense to address these concerns in
the fiscal year 2002 budget request.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations (secs. 101 106)
The House bill contained provisions (secs. 101 107) that would
authorize the recommended fiscal year 2001 funding levels for
procurement for the Army, Navy, and Marine Corps, Air Force,
Defense-Wide Activities, Defense Inspector General, Chemical
Demilitarization Program, and the Defense Health Program.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.
SUBTITLE B--ARMY PROGRAMS
Multiyear procurement authority (sec. 111)
The House bill contained a provision (sec. 111) that would authorize
the Secretary of the Army to enter into a multiyear procurement contract
for the M2A3 Bradley fighting vehicle, the UH 60 Blackhawk helicopter,
and, acting as executive agent for the Department of the Navy, the CH 60
Knighthawk helicopter.
The Senate amendment contained a similar provision (sec. 111).
The Senate recedes.
The conferees agree that the Secretary of the Army shall certify
that the M2A3 Bradley fighting vehicle has successfully completed the
initial operational test and evaluation and milestone III review prior
to awarding the multiyear contract.
Increase in limitation on number of bunker defeat munitions
that may be acquired (sec. 112)
The House bill contained a provision (sec. 112) that would amend
section 116 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103 337) to increase the quantity of bunker defeat
munitions by 2,500 that the Army is authorized to procure.
The Senate amendment contained no similar provision.
The Senate recedes.
Reports and limitations relating to Army transformation (sec. 113)
The Senate amendment contained a provision (sec. 112) that would
require the Secretary of the Army to provide reports on the process
associated with the development of an objective force and the fielding
of an interim force for the Army transformation initiative. The
provision also required the Secretary of the Army to conduct a
comparative evaluation of interim armored vehicles (IAV) to be selected
for the fielding of interim brigade combat teams (IBCT) with equipment
already in the Army inventory.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of the Army to conduct an evaluation, as described in the conference
agreement, at a level to be determined in conjunction with the Director
of Operational Test and Evaluation prior to the obligation of funding
for a third IBCT.
The conferees strongly support efforts designed by the Chief of
Staff of the Army to transform the service into a lighter, more lethal,
and survivable force able to deal effectively with the wide range of
national security challenges that will face our nation in the 21st
Century. The conferees look forward to receiving a well-defined road map
that lays out the course of the Army transformation initiative through
fiscal year 2012. The conferees continue to be concerned about the level
of funding provided to the Army by the Department of Defense in support
of the transformation initiative. The conferees do not understand how
the Secretary of Defense can assert his support for the Army initiative
while providing inadequate funding to facilitate the transformation
process.
The conferees would expect the evaluation called for in the
conference agreement to illustrate differences in capabilities that new
IAVs may provide when compared to vehicles the Army currently has
fielded. The conferees expect the Army to provide a plan to conduct a
comparative evaluation, which will be subject to the approval of the
Director of Operational Test and Evaluation prior to execution.
The conferees understand the IBCT force is designed to operate
across the full spectrum of conflict. Current Army plans call for the
first IBCT to be evaluated at the Joint Readiness Training Center in a
range of environments largely focused on low intensity conflict and
peacekeeping. The conferees believe it is important that the Army also
plan and conduct an operational evaluation of these forces in a high
intensity conflict environment. The Chief of Staff of the Army has
highlighted a critical requirement for a new force that is able to
quickly deploy with greater lethality and survivability than our light
forces possessed during Operation Desert Shield when the 82nd Airborne
Division was quickly deployed in response to Iraqi forces moving south
toward Saudi Arabia. An operational evaluation of IBCTs in this type of
an environment would facilitate an understanding of the overall
capabilities that these forces possess to meet this type of challenge.
The conferees, therefore, direct the Army to evaluate the capabilities
of IBCTs in a high intensity combat environment and provide a report on
the demonstrated combat capabilities these forces possess.
SUBTITLE C--NAVY PROGRAMS
CVNX 1 nuclear aircraft carrier program (sec. 121)
The budget request included $21.9 million for advance procurement
and advance construction of long lead time components for CVNX 1.
The Senate amendment contained a provision (sec. 121) that would
authorize the budget request, authorize the Secretary of the Navy to
procure the nuclear aircraft carrier designated CVNX 1, and to enter
into a contract for the advance procurement and advance construction of
that ship.
The House bill contained no similar provision.
The House recedes.
Arleigh Burke class destroyer program (sec. 122)
The House bill contained a provision (sec. 124) that would authorize
an extension of the existing multiyear procurement contract for the DDG
51 destroyer program through fiscal year 2005. The provision would also
authorize the procurement of
three ships per year through fiscal year 2001 and the
procurement of up to three ships per year from fiscal year 2002 through
2005.
The Senate amendment contained a provision (sec. 122) that would
authorize an increase of $143.2 million in advance procurement for DDG
51. In addition, the provision would provide the following: (1)
authorize the Secretary of the Navy to extend the 1997 multiyear
contract to include the fiscal year 2004 and fiscal year 2005 DDG 51
procurements; (2) express the sense of Congress that the most economical
rate for procurement is three ships per year; and (3) direct the
Secretary to update the Arleigh Burke (DDG 51) Class Industrial Base
Study of 1993 and further direct the Comptroller General to review the
update performed by the Secretary.
The House recedes with an amendment that would authorize an increase
of $100.0 million in advance procurement for DDG 51.
Virginia class submarine program (sec. 123)
The budget request included $1,711.2 million for the Virginia class
submarine program including the procurement of material in economic
order quantities when cost savings are achievable.
The House bill contained a provision (sec. 122) that would authorize
the Navy to enter into a contract for the procurement of five Virginia
class submarines during fiscal years 2003 through 2006.
The Senate amendment contained a similar provision (sec. 123) which
would authorize the budget request and would require the Secretary of
Defense to submit a fast attack submarine force structure report to the
congressional defense committees.
The House recedes with an amendment that would authorize $1,706.2
million for Virginia class submarines, including the procurement of
material in economic order quantities when cost savings are achievable.
Limitation during fiscal year 2001 on changes in submarine
force structure (sec. 124)
The House bill contained a provision (sec. 121) that would prohibit
the retirement of any Los Angeles -class nuclear powered attack
submarine with less than 30 years of active commissioned service. This
provision would also require the President to report to Congress on the
submarine force structure required to support the national military
strategy and the acquisition and overhaul requirements necessary to
achieve and maintain such a force.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit to fiscal year
2001 the prohibition on retirement of Los Angeles -class submarines and
would extend the prohibition on fiscal year 2001 retirements to Ohio
-class submarines.
ADC(X) ship program (sec. 125)
The Senate amendment contained a provision (sec. 124) that would
authorize the Secretary of the Navy to procure ADC(X)-class ships using
the contracting authority that is most cost effective.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Refueling and complex overhaul program of the U.S.S. Dwight
D. Eisenhower (sec. 126)
The budget request included $703.4 million to commence the overhaul
of CVN 69.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 125) that would
authorize the budget request and authorize the Secretary of the Navy to
enter into a contract and commence overhaul of the U.S.S. Dwight D.
Eisenhower (CVN 69) nuclear aircraft carrier during fiscal year 2001.
The House recedes with an amendment that would authorize $698.4
million for CVN 69 overhaul.
Analysis of certain shipbuilding programs (sec. 127)
The House bill contained a provision (sec. 125) that would require
an economic analysis of procurement mechanisms for funding large
aviation-capable naval vessels.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would broaden the
reporting requirement to include various vessel classes and additional
considerations other than economic issues in evaluating funding
mechanisms.
Helicopter support of FFG 7 frigates during fiscal year 2001 (sec. 128)
The House bill contained a provision (sec. 123) that would require
the Secretary of the Navy to configure and equip the Naval Reserve FFG 7
Flight I and II frigates remaining in active service with the complete
organic weapon system for those vessels as specified in the operational
requirements document of the Navy and to retain operational assets
integral to the FFG 7 weapons system in their current locations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to operate one squadron of SH 2G aircraft in the Navy in
fiscal year 2001. The conferees direct that the Navy fully man and equip
the SH 2G aircraft in a manner consistent with normal fleet operations.
V 22 cockpit aircraft voice and flight data recorders (sec. 129)
The House bill contained a provision (sec. 1037) that would require
the Secretary of Defense to require all V 22 aircraft to be equipped
with state-of-the-art cockpit voice and flight data recorders.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees recommend that appropriate measures be taken to ensure
that the design, integration, and use of these recorders take into
account the security of potentially sensitive tactical information.
SUBTITLE D--AIR FORCE PROGRAMS
Annual Report on the B 2 bomber (sec. 131)
The House bill contained a provision (sec. 131) that would require
the Secretary of Defense to provide an annual report on the operational
status and technology insertion plans for the B 2 bomber and would
repeal the requirement for an annual report on B 2 production contained
in section 112 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101 189).
The Senate amendment contained a provision (sec. 131) that would
repeal the requirement for an annual report on B 2 production contained
in section 112 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991.
The Senate recedes with an amendment that would require the
Secretary of Defense to provide an annual report on: (1) the capability
of the B 2 bomber to carry out assigned missions; (2) ongoing and
planned technology efforts to improve B 2 capabilities; (3) new
technologies to meet any expanded threats; and (4) a fiscally-phased
program for each of these technology efforts in three funding scenarios.
The funding scenarios include the President's budget, the President's
budget plus funding for the Department of Defense unfunded priority
list, and maximum executable funding consistent with the need to
maintain the B 2 in an operationally ready status. The provision would
also repeal the requirement for an annual report on B 2 production
contained in section 112 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991.
Report on modernization of Air National Guard F 16A units (sec. 132)
The Senate amendment contained a provision (sec. 1070) that would
express the sense of the Senate that certain Air National Guard units
were flying F 16A aircraft without the upgrades that would allow them to
be effectively deployed to contingency theaters of operation, and that
the Air Force should provide a plan to Congress on how these units could
be modernized.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of the Air Force to submit a report to Congress on how Air National
Guard units flying F 16A aircraft will be modernized and upgraded.
SUBTITLE E--JOINT PROGRAMS
Study of final assembly and checkout alternatives for the
joint strike fighter program (sec. 141)
The House bill contained a provision (sec. 141) that would require
the Secretary of Defense to provide a report on various production
alternatives for the joint strike fighter.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would defer submission of
the report until after the ongoing competition for the engineering and
manufacturing development phase of the joint strike fighter program is
completed.
SUBTITLE F--CHEMICAL DEMILITARIZATION
Pueblo Chemical Depot chemical agent ammunitions destruction
technologies (sec. 151)
The Senate amendment contained a provision (sec. 141) that would
provide for the destruction of the stockpile of lethal chemical agents
at the Pueblo Chemical Depot, Colorado, either by incineration or by any
technology demonstrated by the Assembled Chemical Weapons Assessment on,
or before, May 1, 2000.
The House bill contained no similar provision.
The House recedes.
Report on assessment of need for Federal economic assistance
for communities impacted by chemical demilitarization activities (sec.
152)
The conferees agree to include a provision that would direct the
Secretary of Defense to submit, by April 1, 2001, a report to the Armed
Services Committees of the Senate and the House of Representatives on
the assessment of the need for community economic assistance as a result
of chemical weapons stockpile demilitarization activities.
Prohibition against disposal of non-stockpile chemical
warfare material at Anniston chemical stockpile disposal facility (sec.
153)
The conferees note that Section 141 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65) authorized
the destruction of non-stockpile chemical agents, munitions, or related
materials specifically designated by the Secretary of Defense at
chemical stockpile disposal facilities if the states in which those
facilities reside have issued the appropriate permits.
The conferees agree to a provision that would prohibit use of the
chemical stockpile disposal facility at Anniston, Alabama, for disposal
of non-stockpile chemical warfare material that is not currently stored
on the Anniston Army Depot.
LEGISLATIVE PROVISIONS NOT ADOPTED
AGM 65 modifications
The budget request included $2.0 million to convert 200 AGM 65G
missiles to the AGM 65K configuration.
The House bill would authorize an increase of $5.0 million for the
conversion to both the AGM 65H and K configurations, of which some
missiles would be procured for Air National Guard pilot training.
The Senate amendment contained a provision (sec. 132) that would
authorize an increase of $2.1 million for AGM 65 modifications.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $4.0 million for AGM
65 modifications, a total authorization of $6.0 million for the active
and reserve components.
Anti-personnel obstacle breaching system
The Senate amendment contained a provision (sec. 127) that would
provide $4.0 million for the procurement of the anti-personnel obstacle
breaching system.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $4.0 million in the Procurement
Marine Corps Ammunition account for the purchase of the anti-personnel
obstacle breaching system.
C 135 modifications
The budget request included $328.2 million for C 135 modifications.
The House bill contained a provision (sec. 132) that would authorize
an increase of $52.0 million for reengining two KC 135 aircraft for the
Air Force Reserve Command. The House bill would also authorize an
increase of $6.0 million for the situational awareness data link (SADL).
The Senate amendment contained no similar provision, and would
authorize the budget request.
The House recedes on the provision.
The conferees agree to authorize an increase of $52.0 million for
reengining two KC 135 aircraft for the Air Force Reserve Command, a
total authorization of $380.2 million for C 135 modifications.
Integrated bridge system for Naval systems special warfare
rigid inflatable boats and high-speed assault craft
The Senate amendment contained a provision (sec. 142) that would
authorize an increase of $7.0 million in Procurement, Defense-wide for
the purpose of procuring and installing an integrated bridge system
(IBS) for Special Operations Forces (SOF), Naval special warfare rigid
inflatable boats and high-speed assault craft.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $4.0 million in
Procurement, Defense-wide, SOF combatant craft systems for the
procurement and installation of IBS on SOF combatant watercraft.
Rapid intravenous infusion pumps
The budget request included no funding for rapid intravenous
infusion pumps.
The House bill included an increase of $8.0 million to procure rapid
intravenous infusion pumps.
The Senate amendment contained a provision (sec. 113) that would
authorize an increase of $6.0 million to procure rapid intravenous
infusion pumps.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $5.0 million for
rapid intravenous infusion pumps.
Remanufactured AV 8B aircraft
The budget request included $282.1 million for the procurement of 10
remanufactured AV 8B aircraft.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 126) that would
authorize an increase of $92.0 million for the procurement of four AV 8B
aircraft.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $35.6 million for AV
8B aircraft, as follows:
(1) an increase of $52.0 million for the procurement of two
additional remanufactured AV 8B aircraft;
(2) a decrease of $12.0 million for non-recurring cost; and
(3) a decrease of $4.4 million for cost growth in production
engineering support.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Research, Development, Test, and Evaluation Overview
The budget request for fiscal year 2001 contained an authorization
of $37,862.4 million for Research and Development in the Department of
Defense.
The House bill would authorize $39,309.2 million.
The Senate amendment would authorize $39,330.8 million.
The conferees recommended an authorization of $38,936.7 million. The
conference agreement reflects reductions reflected in the fiscal year
2001 Department of Defense Appropriations Act (Public Law 106 259).
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
Overview
The budget request for fiscal year 2001 contained an authorization
of $5,260.3 million for Army, Research and Development in the Department
of Defense.
The House bill would authorize $5,500.2 million.
The Senate amendment would authorize $5,501.4 million.
The conferees recommended an authorization of $5,568.5 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
Tactical High Energy Laser
The budget request included no funding to complete development and
testing of the Tactical High Energy Laser (THEL) program.
The House bill would authorize $5.0 million in PE 63308A for mobile
THEL development.
The Senate amendment would authorize $15.0 million in PE 63308A to
support continued THEL testing and deployment preparation activities.
The conferees agree to authorize $15.0 million in PE 63308A to
support continued THEL development and testing.
The conferees note that the current THEL configuration lacks the
mobility to be a truly effective operational system. Therefore, the
conferees agree that, of the funds authorized to be appropriated for
THEL, up to $5.0 million may be made available to evaluate and develop
technologies that would support eventual development of a mobile THEL
system.
Emergency preparedness training
The budget request included no funding in PE 23610A for domestic
preparedness against weapons of mass destruction.
The House bill would authorize an increase of $3.0 million in PE
23610A to continue the development for Selected Reserve component forces
of training programs for response to, and management of, the
consequences of potential terrorism involving weapons of mass
destruction.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $3.0 million in PE
23610A.
High energy laser research and development
The budget request included no funding in defense-wide science and
technology accounts for high energy laser (HEL) research and
development, no funding in PE 62307A for solid state laser research,
$10.5 million in PE 62605F for solid state laser research, no funding in
the Navy science and technology accounts for solid state laser research,
no funding in PE 62111N for free electron laser (FEL) research, and
$14.5 million in PE 65803A for the High Energy Laser System Test
Facility (HELSTF).
The House bill included approval of the Department of Defense Laser
Master Plan of March 24, 2000, and emphasized greater attention to, and
priority for, HEL research and development (R&D) investments.
Consequently, the House bill would authorize $10.0 million in PE 61108D
and $25.0 million in PE 62890D8Z for HEL research and development, an
increase of
$10.0 million in PE 62307A for solid state laser research, the
budget request in PE 62605F, an increase of $5.0 million in PE 62111N
for FEL development, and an increase of $5.0 million in PE 65803A for
research and development activities at HELSTF.
The Senate bill would authorize the budget request in PE 62307A, the
budget request in PE 65803A for HELSTF, an increase of $5.0 million in
PE 62111N for FEL development, the budget request in PE 62605F, and no
funding in defense-wide science and technology accounts for HEL research
and development. As described elsewhere in this report, the Senate bill
also included approval of the Department of Defense Laser Master plan.
The conferees agree to authorize $30.0 million in PE 62890D8Z for
HEL research and development, the budget request in PE 62307A, the
budget request in PE 62605F, an increase of $5.0 million in PE 62111N
for FEL development, an increase of $13.0 million in PE 65803A at
HELSTF, of which $10.0 million is for solid state laser research and
$3.0 million is for research and development activity at HELSTF. The
conferees, as described elsewhere in this report, endorse the
implementation of the management plan developed by the Secretary of
Defense and submitted to Congress on March 24, 2000. The conferees
continue to support service management of laser programs, but recognize
the central role of the Office of the Secretary of Defense in developing
and implementing an overall strategy to manage laser research
effectively.
Funding actions related to the Tactical High Energy Laser, the
Airborne Laser, and Space Based Laser are described elsewhere in this
report.
Advanced tank armament system
The budget request included $118.1 million for advanced tank
armament system research and development requirements.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $40.0 million to
support Army transformation initiative test and evaluation requirements.
The conferees agree to authorize an increase of $150.0 million for
Army transformation research and development requirements.
Defense manufacturing technology program
The budget request contained a total of $149.1 million for the
Department of Defense manufacturing technology (ManTech) program,
including $29.3 million in PE 78045A for the Army ManTech program, $59.6
million in PE 78011N for the Navy program, $53.1 million in PE 78011F
for the Air Force program, and $7.1 million in PE 78011S for the Defense
Logistics Agency's ManTech program.
The House bill would authorize an increase of $10.0 in PE 78045A for
the Army manufacturing technology program, an increase of 10.0 million
for the Navy ManTech program, and an increase of $4.5 million in PE
78011F in the Air Force program.
The Senate would authorize the budget request.
The conferees agree to authorize an increase of $10.0 million in PE
78045A for the Army ManTech program, an increase of $10.0 million in PE
78011N for the Navy ManTech program, and an increase of $3.8 million in
PE 78011F for the Air Force ManTech program, as recommended in the House
report accompanying H.R. 4205 (H. Rept. 106 616).
Section 217 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65) established as the overall purpose of the
Department of Defense ManTech program the development and application of
advanced manufacturing technologies and processes to reduce acquisition
and support costs, and manufacturing and repair cycle times for defense
weapons systems. Section 217 emphasized the program's focus on the
development and application of advanced manufacturing technology and
processes that are essential to national defense, including repair and
re-manufacturing operations, in support of systems commands, depots, air
logistics centers, and shipyards. Section 217 also required the
participation of the prospective users of the technology in the
establishment of requirements for, and the periodic review of advanced
manufacturing technologies or processes. Finally, Section 217 also
included the requirement for an assessment of program effectiveness,
cost sharing, and technology and process implementation plans in the
annual update of the program's five-year plan. In the statement of
managers accompanying the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (H. Rept. 105 736), the conferees expressed the
expectation that additional funds provided for the manufacturing
technology program would be awarded using competitive procedures
established by the military departments for their respective
manufacturing technology programs.
The conferees direct the Comptroller General to conduct an
assessment of the implementation of the manufacturing technology program
within the Department of Defense with regard to the achievement of the
goals established for the program and execution of the program in
accordance with the provisions of the public law and the intent of
Congress, as stated in the statement of manager's language with regard
to competitive award procedures. The conferees direct the Comptroller
General to submit the results of that assessment to the congressional
defense committees by March 31, 2001.
Overview
The budget request for fiscal year 2001 contained an authorization
of $8,476.7 million for Navy, Research and Development in the Department
of Defense.
The House bill would authorize $8,834.5 million.
The Senate amendment would authorize $8,665.9 million.
The conferees recommended an authorization of $8,715.3 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
Biodegradable polymers
The budget request included no funding for biodegradable polymers
(PE 62121N).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.25 million in
PE 62121N to aid in the development of polymer membrane methods for
treating graywater (kitchen, shower, and cleaning solution), blackwater
(sewage), and bilge water (oily contaminants) to acceptable levels prior
to shipboard release.
The conferees agree to authorize an increase of $1.25 million in PE
62121N for biodegradable polymers.
Torpedoes and unmanned undersea vehicles
The budget request included $35.0 million in PE 62633N for undersea
warfare weapons technology development.
The House bill and the Senate amendment would authorize the budget
request for improvements to torpedoes and unmanned undersea vehicles.
The conferees agree to an increase of $2.0 million in PE 62633N for
development of improvements for current and future torpedoes and
unmanned undersea vehicles.
DP 2 thrust vectoring system proof-of-concept demonstration
The budget request included $39.7 million in PE 63217N for air
systems and weapons advanced technology development and $9.0 million for
NATO research and development. The budget request did not include funds
for continuation of the DP 2 thrust vectoring system proof-of-concept
demonstration. The budget request did include $6.4 million for the
vectoring extremely short takeoff and landing (ESTOL) control tailless
operation research (VECTOR) program, an international cooperative
research program between the United States and the Federal Republic of
Germany, as follows: $4.1 million in PE 63217N and $2.3 million in PE
63790N.
The House bill would authorize an increase of $9.5 million in PE
63217N to continue the DP 2 development program leading to a
proof-of-concept demonstration of a one-half scale flight test vehicle.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.5 million for DP
2 demonstration in PE 63790N.
The conferees direct the Secretary of the Navy to provide an
assessment of the program progress, plans and funding requirements for
completion of the flight-test demonstration to the congressional defense
committees with the submission of the fiscal year 2002 budget request.
The conferees are aware that a funding shortfall has developed in
the VECTOR program. Given the cooperative nature of this program, along
with the substantial benefits to future carrier aviation development,
the conferees urge the Secretary of the Navy to review the program
funding deficiencies and, if necessary, request a reprogramming action.
Virtual test bed for reconfigurable ship
The budget request included no funding for a virtual test bed for a
reconfigurable ship.
The House bill would authorize an increase of $3.0 million in PE
63508N for a virtual test bed for advanced electrical ship systems.
The Senate amendment would authorize an increase of $2.0 million in
PE 63508N for a virtual test bed for a reconfigurable ship.
The conferees agree to authorize an increase of $2.0 million in PE
63508N for a virtual test bed for a reconfigurable ship, as recommended
in the House report accompanying H.R. 4205 (H. Rept. 106 616) and the
Senate report accompanying S. 2549 (S. Rept. 106 292).
Fleet health technology and occupational lung disease
The budget request included $10.1 million in PE 63706N for medical
development, including $4.8 million for the fleet health technology
program.
The House bill would authorize an increase of $3.0 million in PE
63706N, including $500,000 to establish an occupational lung disease
assessment program to determine if the incidence of sarcoidosis among
naval personnel could be attributable to service aboard Navy ships. The
House bill also noted and expressed concern about the reduction in the
Department of the Navy's fleet health technology program from previous
years' funding levels and in the priority given to the medical and
occupational health and safety of Navy and Marine Corps personnel.
The Senate amendment would authorize the budget request.
The conferees note that recent developments of immune therapies by
investigators at the Naval Medical Research Center have been shown to
prevent the rejection of transplants without the need for continuous
immunosuppressive drugs. The ability to transplant massive tissue
segments without rejection could revolutionize the treatment of combat
casualties who suffer significant tissue loss or organ damage from
blast, missile fragments, or burns. Results obtained from testing in the
laboratory show promise and the Chief of Naval Research has initiated a
program to capitalize on these newly developed methods of treatment. The
conferees believe that the further development of these therapies and
confirmation of these therapies in definitive clinical trials could have
profound effects upon the treatment of combat casualties and of
civilians with organ failure.
The conferees agree to authorize an increase of $3.0 million in PE
63706N for fleet health technology for the Navy's program for the
development of new immune strategies and procedures for tissue
transplantation for the treatment of combat casualties with massive
tissue loss.
The conferees also agree to authorize an increase of $500,000 in PE
63738D for the conduct of the occupational lung disease assessment as
discussed in the House report accompanying H.R. 4205 (H. Rept. 106 616).
Common towed array
The budget request included $113.3 million in PE 63561N for advanced
submarine systems development, including $4.5 million for the
development of advanced towed array technology for submarines and
surface ships.
The House bill would authorize an increase of $10.2 million in PE
63561N to accelerate the development and demonstration of advanced towed
array systems for surface ships and submarines. The House report
accompanying H.R. 4205 (H. Rept. 106 616) indicated that these
additional funds were to be particularly focused on developing
multiple-line and fiber optic affordable towed array technology that
could result in high gain, volumetric towed arrays with significantly
improved sonar system performance for both submarines and surface
vessels.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0 million in PE
63561N to accelerate the development and demonstration of advanced towed
array systems for surface ships and submarines. The conferees agree that
these funds are not being designated for a specific program effort or
contractor program, but that the Navy should use the additional funds to
continue the efforts as described in the House report accompanying H.R.
4205 (H. Rept. 106 616).
Advanced land attack missile
The budget request included $19.8 million for research and
development of the advanced land attack missile (ALAM) in PE 63795N.
The House bill and the Senate amendment would authorize the budget
request.
The conferees note that the House report accompanying H.R. 1401 (H.
Rept. 106 162) directed the Secretary of the Navy to report to the
congressional defense committees the program plan and funding
requirements for development of an advanced land attack missile (ALAM)
system for the DD 21 land attack destroyer and other Naval combatants
with the submission of the fiscal year 2001 budget request. The
conferees also note the letter from the Under Secretary of Defense
(Acquisition and Technology) to the Chairman, House Armed Services
Committee, dated August 25, 1999, which stated that the Navy would
pursue a multi-team industry competition for development of ALAM, and
the Milestone 0 Acquisition Decision Memorandum, dated February 22,
2000, that designated the ALAM as a major defense acquisition program.
The conferees further note that the Navy's ALAM program plan and funding
included in the fiscal year 2001 budget request provide for completion
of an ALAM analysis of alternatives and entry into the program risk and
reduction phase in fiscal year 2001, competition and early prototyping
by three to four contractors leading to an ALAM down-select/``fly-off''
by the end of fiscal year 2003, engineering and manufacturing
development, initial procurement, and delivery of the ALAM system to the
fleet in early fiscal year 2009 for the DD 21 Zumwalt -class destroyer.
The conferees agree to authorize a decrease of $10.8 million in PE
63795N for ALAM based on information made available to the conferees
subsequent to passage of the House bill and the Senate amendment. The
conferees place a high priority on completing the analysis of
alternatives to determine the appropriate course of action for providing
Naval fire support. The conferees direct the Secretary of the Navy to
report to the congressional defense committees concurrent with the
submission of the fiscal year 2002 budget request on recommended
revisions to the ALAM program plan and the funding required to deploy a
system as soon as technically feasible.
Joint strike fighter
The budget request included $131.6 million in PE 63800N and $129.5
million in PE 63800F to complete the demonstration and validation
(DEMVAL) phase for the joint strike fighter (JSF) program. The budget
request also included $296.0 million in PE 64800N and $299.5 million in
PE 64800F to initiate the engineering and manufacturing development
(EMD) phase for the JSF.
The House bill would authorize the budget request and contained
several provisions related to JSF discussed elsewhere in this conference
agreement.
The Senate amendment would authorize an increase of $212.1 million
in PE 63800N and an increase of $212.1 million in PE 63800F to extend
the DEMVAL phase. The Senate amendment would also authorize a decrease
of all funding requested for the EMD phase, $296.0 million in PE 64800N
and $299.5 million in PE 64800F, due to slips in program schedule. The
Senate amendment contained a JSF provision discussed elsewhere in this
conference agreement.
The conferees agree to authorize an overall decrease of $168.0
million in the JSF program, as follows:
(1) an increase of $111.5 million in PE 63800N;
(2) an increase of $113.5 million in PE 63800F;
(3) a decrease of $194.7 million in PE 64800N; and
(4) a decrease of $198.3 million in PE 64800F.
The conferees remain concerned about the readiness of the JSF
program to enter the EMD phase, and note that significant
delays in the schedule, particularly the flight program for
the short take-off, vertical landing (STOVL) variant of the JSF, further
increase the technical risk for entry into the EMD phase. A JSF
provision discussed elsewhere in this conference agreement addresses
conferee concerns surrounding the technical risk of premature entry into
EMD.
The conferees are also concerned about the apparent pattern of
additional contractor funding required to sustain the current DEMVAL
activities of the program. Since the JSF program is potentially one of
the largest acquisition programs in the Department of Defense, both
competing contractors in this winner-take-all competition realize the
significance of winner selection. However, the conferees are opposed to
the requirement for industry to make additional, unreimbursed
investments in the JSF program beyond existing contractual agreements.
The conferees view the additional DEMVAL funding as necessary to provide
for the execution of those projects presented in the budget request on
the extended schedule. The conferees expect that risk mitigation
projects, including the alternate engine, will be funded to the levels
presented in the budget request.
Nonlethal research and technologies
The budget request included no funding for nonlethal research and
technologies in PE 63851M.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $8.0 million for
nonlethal research and technologies in PE 63851M.
The conferees agree to authorize an increase of $4.0 million in PE
63851M. Of the increased amount, $2.0 million will be used to develop a
program in nonlethal environmental effects and remediation as
recommended in the Senate report accompanying S. 2549 (S. Rept. 106
292).
Power node control centers
The budget request included no funding for power node control
centers (PNCC) for integrating shipboard power functions such as
switching, conversion, distribution, and system operation and
protection.
The House bill would authorize an increase of $3.0 million in PE
63508N for PNCC.
The Senate amendment would authorize an increase of $3.0 million in
PE 64300N for PNCC.
The conferees agree to authorize an increase of $3.0 million in PE
64300N for PNCC.
Advanced food service technology
The budget request included no funding for research and development
of technologies that could lead to manpower reductions resulting from
altering food service operations on ships.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $2.0 million in
PE 64300N for advanced food service technology testing.
The conferees agree to authorize an increase of $2.0 million in PE
64307N for advanced food service technology testing.
14 tactical reconnaissance
The budget request included $1.2 million for operational systems
development of the F 14 aircraft.
The House bill would authorize an increase of $7.0 million in
aircraft procurement for the integration and demonstration of a
commercial synthetic aperture radar (SAR) in the F 14 tactical airborne
reconnaissance pod system (TARPS). This demonstration was intended to
mitigate the risk associated with the development of a SAR capability
for the shared airborne reconnaissance program (SHARP).
The Senate amendment would authorize an increase of $9.0 million in
PE 25667N for a similar purpose.
The conferees agree to authorize an increase of $9.0 million in PE
25677N to demonstrate the military utility of a tactical SAR
reconnaissance capability by modifying and integrating non-developmental
SAR technology into the F 14 TARPS.
The conferees note that this effort is specifically intended to
mitigate the risk associated with providing an all-weather capability
for SHARP. The conferees agree that these funds are not being designated
for a specific contractor's program. The conferees also agree that, if
the technology proves attractive during the risk mitigation program, the
Navy should select SAR technology for the SHARP application using
appropriate competitive procedures.
Marine Corps ground combat/supporting arms systems
The budget request included $22.1 million for Marine Corps ground
combat and supporting arms systems research and development
requirements.
The House bill would authorize an increase of $17.3 million in PE
63635M to support efforts by the Marine Corps to evaluate the potential
that the high mobility artillery rocket system (HIMARS) might have to
meet critical Marine Corps fire support requirements.
The Senate amendment would authorize an identical increase.
The conferees agree to authorize an increase of $17.3 million in PE
26623M to support Marine Corps plans to evaluate the ability of HIMARS
to address deficiencies in organic fire support for Marine Corps forces
ashore.
Tactical unmanned aerial vehicles
The budget request included $113.1 million for tactical unmanned
aerial vehicles (TUAVs).
The House bill would authorize an increase of $1.0 million for the
joint operational test bed (JOTB), and an increase of $7.0 million for
TUAV multi-function, self-aligned gate array (MSAG) technology.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $1.0 million for the
JOTB and an increase of $7.0 million for TUAV MSAG technology, a total
authorization of $121.1 million in PE 35204N.
The conferees note that the Joint Forces Command is tasked with
ensuring interoperability among military forces. The conferees are aware
that the Joint Requirements Oversight Council endorsed the tactical
control system (TCS) to provide this interoperability among unmmanned
aerial vehicles (UAVs), and that the Joint Forces Command has recently
established the JOTB to develop this capability, using a TCS and two
Predator UAVs. The conferees strongly support UAV interoperability, the
establishment of the JOTB, and the use of TCS and Predator UAVs to
achieve this goal.
The conferees are also encouraged by results of MSAG antenna
technology testing, and reaffirm their support for the ongoing MSAG
advanced concept technology demonstration (ACTD). The JROC approved this
ACTD based on the recommendation of the operational commanders in chief,
who rated the MSAG effort number one of twelve candidates. The conferees
are aware that the Navy may consider withdrawing its sponsorship of the
ACTD. The conferees believe that the MSAG ACTD program should move
forward. The conferees direct the Secretary of Defense to ensure that no
change in the ACTD content or schedule will be effected by a change in
sponsorship of the program.
Overview
The budget request for fiscal year 2001 contained an authorization
of $13,685.6 million for Air Force, Research and Development in the
Department of Defense.
The House bill would authorize $13,677.1 million.
The Senate amendment would authorize $13,897.3 million.
The conferees recommended an authorization of $13,779.1 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
XSS 10 micro-satellite technology demonstration
The budget request included no funding to complete and launch the
XSS 10 micro-satellite technology demonstration.
The House bill would authorize the budget request.
The Senate amendment would authorize $12.0 million in PE 63401F to
complete, launch, and operate the XSS 10 technology demonstration
satellite.
The conferees agree to authorize $8.0 million in PE 62602F to
complete the XSS 10 technology demonstration satellite. The conferees
are aware that additional funds may be required to fully fund the launch
and operation of the XSS 10. Therefore, the conferees direct the
Secretary of the Air Force to reallocate the funds to complete the XSS
10 satellite and support its launch and operation from within funds
authorized to be appropriated in PE 62601F and PE 63401F, as necessary.
Specialty aerospace metals
The budget request included $72.8 million for PE 62102F for applied
research, $21.7 million in PE 63112F for advanced development of
materials technologies for aerospace systems, and $53.1 million in PE
78011F for the Air Force's manufacturing technology program. The budget
request included $57.7 million in 62601F for space technology.
The House bill would authorize a total increase of $15.0 million as
follows: $5.25 million in PE 62102F; $5.25 million in PE 63112F; and
$4.5 million in PE 78011F to establish an integrated program for the
development and demonstration of special aerospace materials and
materials manufacturing processes. The House bill would also encourage
the Secretary of the Air Force to establish a continuing program for
special aerospace metals and alloys as an integral part of the Air
Force's science and technology and manufacturing technology programs.
The Senate amendment would authorize an increase of $3.0 million in
PE 62601F for the aluminum aerostructures initiative.
The conferees agree to authorize an increase of $1.8 million in PE
62601F for the aluminum aerostructures and an increase of $12.8 million
for aerospace specialty metals, of which $1.2 million would be used for
the aluminum aerostructures initiative. The $12.8 million would be
distributed as follows: $4.5 million in PE 62102F; $4.5 million in PE
63112F; and, $3.8 million in PE 78011F.
The conferees note the continuing need for advances in special
aerospace metals and metal alloys for aircraft and space vehicle
structures, propulsion, components, and weapon systems. Both the Navy
and the Air Force are seeking access to materials that are lightweight,
high strength, high performance, and
capable of withstanding the stressing environments that are
experienced by aerospace systems, and for the development and
optimization of manufacturing processes for these materials. The
conferees support the Air Force's efforts to develop and demonstrate a
methodology for producing advanced aluminum aerostructures generating
improved affordability, maintainability, and enhanced performance of
current and future Air Force systems within the Advanced Aluminum
Aerostructures initiative.
The conferees request that the Secretary of the Air Force assess
requirements for advanced special aerospace metals and alloys and to
report to the congressional defense committees on the plan for meeting
those requirements with the submission of the fiscal year 2002 budget
request.
Space-based radar
The budget request included $129.0 million for the Discoverer II
space-based radar (SBR) program.
The House bill would authorize the budget request.
The Senate amendment would authorize the budget request.
The conferees agree to authorize $30.0 million for continued SBR
risk reduction and technology development.
The conferees strongly support an effort to develop the technologies
and operational concepts that could enable deployment of an SBR system
to perform ground moving target indications (GMTI), digital terrain
elevation data (DTED) collection, and synthetic aperture radar (SAR)
imaging. The conferees believe that such a system may offer a
cost-effective way to provide valuable new technical capabilities while
complementing, and perhaps replacing, the capabilities of other existing
systems. The conferees believe that the Secretary of Defense should
evaluate options for eventual development and deployment of an
operational SBR system. In addition, the conferees believe that the Air
Force, U.S. Space Command, the Defense Advanced Research Projects
Agency, and the National Reconnaissance Office should continue to work
together to mature the necessary technologies, conduct an analysis of
alternatives, and develop operational concepts to provide better
information for this evaluation and to support a potential deployment.
Therefore, the conferees direct the Secretary of Defense to prepare
an SBR roadmap to guide this overall effort. The roadmap should address
several concerns: (1) the operational requirements for space-based GMTI,
DTED, and SAR capabilities; (2) the relationship of an SBR system to
other current and planned air and space-based assets that might provide
such capabilities; (3) the technologies needed to enable an affordable
and operationally effective SBR system; and (4) if a requirement for an
SBR system is established, whether a space-based technology demonstrator
would be cost-beneficial prior to an SBR system acquisition. The
conferees direct the Secretary to submit a report to the congressional
defense committees on the SBR roadmap by May 1, 2001.
Space maneuver vehicle
The budget request included no funding for the Space Maneuver
Vehicle (SMV).
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $15.0 million in
PE 63401F for the SMV program.
The conferees agree to authorize an increase of $6.5 million in PE
63401F for acquisition of the ``second tail number'' X 40B demonstrator.
The conferees note that SMV development has been funded through
congressional increases and are disappointed at the failure of the
Secretary of the Air Force to request funding or provide efficient
management for this program, notwithstanding repeated statements by Air
Force and U.S. Space Command leaders indicating the importance of this
program. The conferees urge the Air Force to request funding in future
budget requests to support expeditious development.
The conferees also note that the full benefit of the Military
Spaceplane concept, including the SMV, will not be realized without a
low-cost reusable lower stage booster. The conferees direct the
Secretary of the Air Force to provide a report to the congressional
defense committees by April 1, 2001, on concepts, critical development
paths, and applications for such a booster, and how it could fit into an
overall Military Spaceplane system.
Space Based Laser program
The budget request included $137.7 million for the Space Based Laser
(SBL) program, $63.2 million in the Air Force budget and $74.5 million
in the Ballistic Missile Defense Organization budget.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $30.0 million in
PE 63876F to support acceleration of the SBL Integrated Flight
Experiment (IFX) and the SBL integrated test facility.
The conferees agree to authorize an increase of $10.0 million in PE
63876F to support acceleration of the IFX and the integrated test
facility.
Electronic warfare development
The budget request included $58.2 million in PE 64270F for
electronic warfare development.
The House bill would authorize an increase of $17.7 million in PE
64270F to continue development of the precision location and
identification (PLAID) program, and an increase of $7.0 million in PE
64270F to increase the suitability of the miniature air-launched decoy
(MALD) for operational use.
The Senate amendment contained a provision (sec. 226) that would
authorize an increase of $8.0 million in PE 64270F for continued
development of PLAID.
The Senate recedes on the provision.
The conferees agree to authorize a decrease of $8.6 million in PE
64270F, a total authorization of $49.6 million in electronic warfare
development, as follows:
(1) an increase of $10.0 million for PLAID;
(2) an increase of $1.2 million for MALD; and
(3) a decrease of $19.8 million to reflect reapplication of prior
year funds available due to Air Force withdrawal from the common missile
warning system (CMWS) program.
Satellite control network
The budget request included $58.6 million in PE 35110F for satellite
control network research and development.
The House bill would authorize the budget request and would require
that $1.5 million be used for the Space Battlelab to evaluate the
utility of commercial antenna networks for satellite control.
The Senate amendment would authorize the budget request.
The conferees agree to authorize the budget request without the
restriction contained in the House bill.
The conferees direct the Secretary of the Air Force to conduct an
evaluation of commercial technologies and services relevant to
modernization of the satellite control network. The conferees believe
that commercial technology may offer significant possibilities for
modernizing the network, including its antennas, in a cost effective
manner. The conferees direct the Secretary of the Air Force to submit a
report on his evaluation to the congressional defense committees by
April 1, 2001.
Manned reconnaissance systems
The budget request included no funding in PE 35207F for manned
reconnaissance systems.
The House bill would authorize an increase of $2.0 million to
complete a multi-link antenna system demonstration program on RC 135
aircraft.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $9.5 million to
demonstrate the potential to integrate the data from an offboard
intelligence sensor controlled by RC 135 Combat Sent aircraft into the
Combat Sent processing system. This concept would involve adapting the
expeditionary common automatic recovery system (ECARS) to control and
precisely position the offboard platform to technically extend the reach
of the Combat Sent aircraft into denied areas during a conflict. This
concept would also provide for the safe, unassisted recovery of the
offboard sensor. Since this data can be critical to responding to
emerging threats during high intensity operations, the conferees believe
that this effort should be supported.
Overview
The budget request for fiscal year 2001 contained an authorization
of $10,238.2 million for Defense-Wide, Research and Development in the
Department of Defense.
The House bill would authorize $11,077.8 million.
The Senate amendment would authorize $11,043.1 million.
The conferees recommended an authorization of $10,681.7 million.
Unless noted explicitly in the statement of managers, all changes are
made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
Chemical and Biological Defense Program
The budget request included $835.8 million for the Chemical and
Biological Defense Program (CBDP), including $473.9 million for
procurement and $361.9 million for research and development.
The House bill would authorize an increase of $4.5 million in PE
61384BP, including $3.0 million for chemical and biological defense
basic research and $1.5 million for chemical agent detection via optical
computing; and $5.0 million in PE 62384BP for chemical and biological
defense applied research.
The Senate amendment would authorize increases for the following
chemical and biological defense program activities: $2.0 million for
chemical agent detection via optical computing and $3.0 million for thin
film technology in PE 61384BP; $8.0 million to accelerate development of
a light-weight, man portable hybrid sensor using thin film technology in
PE 62384BP; $2.7 million for the chemical-biological individual sampler,
$6.4 million for the consequence management information system, $3.5
million for the evaluation of advanced materials that contain reactive
technologies to be added to textiles for protection against chemical and
biological warfare agents, and $8.5 million for the Small Unit
Biological Detector in PE 63384BP; $2.1 million for a next generation
anthrax vaccine in PE 64384BP; $2.5 million for the procurement of
thirteen enhanced nuclear, biological, and chemical (NBC) kits; and $1.8
million for the procurement of equipment in support of Weapons of Mass
Destruction, Civil Support Teams (WMD CST).
The conferees agree to authorize an increase for the following
chemical and biological defense program activities: $6.7 million in PE
61384BP for chemical and biological defense basic research, including
$3.0 million for chemical and biological defense, $2.0 million for
chemical agent detection via optical computing, and $1.7 million for
thin film technology in PE 61384BP; $4.8 million in PE 62384BP for a
hybrid sensor suite using thin film technology; and $9.55 million in PE
63384BP, including $2.0 million for the chemical and biological
individual sampler, $4.0 million for the consequence management
information system, $2.8 million for evaluation of advanced materials
containing reactive materials that may be added to textiles for
protection against chemical and biological warfare agents, $750,000 for
the small unit biological detector, and $1.0 million for second
generation anthrax vaccine development. The conferees also agree to
authorize increases of $2.5 million for procurement of NBC Defense
Enhancement kits for Marine Expeditionary Units and $900,000 for
procurement of equipment for Weapons of Mass Destruction, Civil Support
Teams.
The conferees support initiatives for research, development, and
demonstration of advanced chemical and biological defense technologies
and systems. The conferees note, however, the growing tendency to fund
individual chemical and biological defense projects directly within the
budget accounts of the military services. The conferees emphasize that
this practice violates the intent and purpose of Congress in
establishing the consolidated chemical and biological defense program.
The conferees direct the Under Secretary of Defense (Acquisition,
Technology, and Logistics) to ensure that such initiatives compete for
funding within the appropriate program elements of the joint chemical
and biological defense program and the Defense Advanced Research
Projects Agency's biological defense program on the basis of technical
merit and the anticipated ability of the technology or system to meet
joint and service unique needs.
Nuclear sustainment and counterproliferation technologies
The budget request included $230.9 million in PE 62715BR for nuclear
sustainment and counterproliferation technologies, including $60.7
million for weapons effects technologies.
The House bill would authorize an increase of $3.0 million for
thermionics for space powered systems and a decrease of $20.0 million to
adjust for program growth in PE 62715BR.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $2.5 million for
thermionics for space powered systems and a decrease of $21.0 million to
adjust for program growth in PE 62715BR.
The conferees note that partnerships between universities,
government laboratories, and industry accelerate the testing,
development, and fielding of blast mitigation technologies for
protection of U.S. missions and military installations abroad. The
conferees strongly support such partnerships and encourage the Defense
Threat Reduction Agency to continue to provide funding for this
important initiative.
Blast mitigation testing
The budget request included $10.0 million in PE 63122D for blast
mitigation testing.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $3.0 million in
PE 63122D for blast mitigation testing.
The conferees agree to authorize an increase of $3.0 million in PE
63122D to accelerate the testing and certification of blast mitigation
effects technology.
The conferees note these funds would allow the Department of Defense
to accelerate the testing and analysis of building components and
improve building design standards and guidelines for use in new
construction applications.
Chemical and biological detectors
The budget request included $300,000 in PE 63122D to continue to
develop aerogel and fiber optic based technologies for chemical and
biological collector and detector prototypes.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0 million in
PE 63122D for aerogel and fiber optic based technologies for chemical
and biological collector and detector prototypes.
The conferees agree to authorize an increase of $3.0 million in PE
63122D for aerogel and fiber optic based technologies for chemical and
biological collector and detector prototypes.
Facial recognition access control technology
The budget request included no funding in PE 63122D for facial
recognition access control technology.
The House bill would authorize an increase of $4.0 million in PE
63122D for facial recognition access control technology.
The Senate amendment would authorize an increase of $2.0 million in
PE 63122D for facial recognition access control technology.
The conferees agree to authorize an increase of $2.0 million in PE
63122D for facial recognition access control technology.
The conferees note these funds will be used to further the efforts
of the Department of Defense to develop, test and evaluate this
surveillance, identification, and access control technology, and allow
prototype development and testing.
Technologies for detection and transport of pollutants
attributable to live-fire activities
The budget request included $9.0 million for research, development,
testing, and evaluation (RDT&E) related to the environmental remediation
of unexploded ordnance (UXO), $5.0 million in PE 63716D for development
of UXO technology through the Strategic Environmental Research and
Development Program (SERDP) and $4.0 million in PE 63851D for
demonstration/validation through the Environmental Security Technology
Certification Program (ESTCP).
The House bill would authorize $3.0 million within SERDP for the
Texas Regional Institute for Environmental Studies (TRIES).
The Senate amendment contained a provision (sec. 222) that would
authorize an increase of $5.0 million in SERDP (PE 63716D) for the
development of technologies to map the presence and transport of
constituents related to live-fire activities. The Senate amendment would
also authorize an increase of $10.0 million in ESTCP (PE 63851D) for
demonstration/validation of UXO remediation technology.
The Senate recedes on the provision.
The conferees agree to authorize $2.0 million within SERDP (PE
63716D) for TRIES. The conferees also agree to authorize an increase of
$4.0 million for ESTCP (PE 63851D) and $4.0 million for SERDP (PE
63716D) to conduct RDT&E activities that will begin to address the full
range of issues associated with the detection and remediation of
constituents attributable to military live-fire training activities that
impact a variety of hydrogeological areas.
The Department of Defense (DOD) has informed the conferees that its
potential liability for remediation of unexploded ordnance may exceed
$100.0 billion. It is evident to the conferees that increased emphasis
in this area is essential.
Specifically, the conferees expect that the increased funding will
be used for the research, development, and demonstration/validation of
viable, cost effective technologies to detect, analyze, and map the
presence and transport of live-fire constituents.
Demonstration/validation of these technologies shall to the extent
practicable be conducted at sites where detection and possible
remediation of live-fire constituents is underway. Such efforts will
help the military departments meet the extraordinary environmental
detection and remediation challenges at active, inactive, closed,
transferred, and transferring ranges. Performance measures shall be
established for all technologies developed with these additional funds
to facilitate implementation and utilization by the DOD.
Weapons of mass destruction attack-effects-response
assessment capability at U.S. Joint Forces Command
The budget request included $56.971 million in PE 63832D for the
Joint Wargaming Simulation Management Office.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $5.0 million in
PE 63832D for the development and installation of a weapon of mass
destruction attack-effects-response assessment capability for the Joint
Task Forces-Civil Support that was recently established as part of the
U.S. Joint Forces Command (USJFCOM). This program will allow USJFCOM,
along with government agencies, state, and local authorities, to model
chemical, biological or radiological incidents from the initial
detection of the attack and initial effects through the medical response
to the incident in an integrated, interoperable manner.
The conferees agree to authorize an increase of $3.0 million in PE
63832D for the development and installation of a weapon of mass
destruction attack-effects-response assessment capability at USJFCOM.
Ballistic Missile Defense Organization funding and programmatic guidance
The budget request included approximately $4.5 billion for the
Ballistic Missile Defense Organization (BMDO), including Procurement,
Research, Development, Test and Evaluation (RDT&E) and military
construction.
The House bill would authorize an increase of $669.6 million in
RDT&E funding for BMDO, including transfers of funds from the Air Force
for the Space Based Infrared System (SBIRS) Low and the Airborne Laser
Program.
The Senate amendment would authorize an increase of $240.0 million
in RDT&E funding for BMDO.
The conferees agree to authorize an overall increase of $264.1
million for BMDO RDT&E, as specified below. The conferee's
recommendations for BMDO military construction are provided elsewhere in
this conference agreement. The conferees' recommendations regarding the
Airborne Laser and SBIRS-Low programs are also provided elsewhere in
this conference agreement.
SUPPORT TECHNOLOGY
The conferees continue to support BMDO's efforts in the area of wide
bandgap electronic materials and devices. To support this important
technology effort, the conferees recommend an increase of $2.0 million
in PE 62173C and an increase of $10.0 million in PE 63173C.
The conferees continue to support the Atmospheric Interceptor
Technology (AIT) program to develop advanced interceptor kill vehicle
technologies. The conferees recommend an increase of $9.0 million in PE
63173C to support the AIT program.
The conferees have supported BMDO's efforts to evaluate innovative
and low-cost launch technologies. The conferees recommend an increase of
$6.5 million in PE 63173C to support low cost launch technology,
including the Excalibur concept. The conferees also agree to authorize
an increase of $6.5 million in the Air Force budget (PE 63401F) for low
cost launch, including the Scorpius concept.
The conferees note that the Director of BMDO has identified a need
for additional funding to develop robust adaptive algorithms to counter
evolving and off-nominal ballistic missile threats. The conferees
recommend an increase of $2.8 million in PE 63173C to support such
algorithm development.
The conferees remain concerned that funding for innovative ballistic
missile defense technology projects continues to be insufficient to
support BMDO's future needs. The conferees recommend that the Director
of BMDO identify funds throughout the Future Years Defense Program
sufficient to support a technology program that hedges against rapidly
evolving missile threats.
NATIONAL MISSILE DEFENSE
The budget request included approximately $1.8 billion for the
National Missile Defense (NMD) program, including Procurement and RDT&E.
The conferees note that the Director of BMDO has identified a number of
areas in which additional funds could be utilized to enhance risk
reduction and testing activities. The Director identified $129.0 million
in critical risk reduction unfunded requirements. Therefore, the
conferees recommend an increase of $129.0 million in PE 63871C for NMD
risk reduction.
The conferees understand that BMDO is considering entering into a
competition for the NMD X-band ground-based radars (GBR) that would be
deployed following the initial deployment of the GBR site in Alaska. The
conferees direct the Director of BMDO to conduct an analysis of the
advantages and disadvantages of a competitive approach to follow-on GBR
development and deployment, and provide a report to the congressional
defense committees by April 1, 2001. The conferees also agree to
authorize an increase of $6.0 million in PE 63871C to support initial
technology development and evaluation for the NMD capability 2 (C 2)
radar.
The conferees are concerned by potential delays in the NMD program
associated with the development of the ground-based interceptor (GBI)
booster. The conferees believe that BMDO should evaluate options for
reducing technical and schedule risks associated with the GBI, including
the development of a backup booster option involving proven
technologies. The conferees direct the Director of BMDO to submit a
report to the congressional defense committees by April 1, 2001, on
plans for mitigating the booster problems.
NAVY THEATER WIDE
The conferees continue to support the Navy Theater Wide (NTW)
program and urge the Secretary of Defense to accelerate this important
program to the extent permitted by the pace of technological
development. The conferees agree to authorize an overall increase of
$80.0 million in PE 63868C to accelerate the NTW program and to begin
work on an advanced technology kill vehicle. Of this amount, the
conferees agree to authorize the use of $65.0 million for acceleration
of the Standard Missile 3 (SM 3) and to support continuation of NTW
radar competition.
The conferees believe that BMDO should immediately begin to define
and develop the necessary technology for the SM 3 block II kill vehicle.
The conferees agree to authorize an increase of $15.0 million in PE
63868C to support the development of advanced NTW kill vehicle concepts
employing light-weight non-toxic pumped-propulsion and active/passive
sensor technology.
The conferees are concerned that the Navy has relied on
congressional increases in the NTW program to support development of
radar technologies and systems to support the ballistic missile defense
mission. The conferees note that neither the Navy nor BMDO has budgeted
for Navy missile defense radar requirements, as identified in the Navy's
radar roadmap. The conferees believe that acceleration of the NTW
program may be problematic unless these requirements are clearly
defined. Such efforts are too important to remain unfunded in upcoming
budget requests. The conferees believe that radar upgrades are primarily
a Navy responsibility because they must be thoroughly integrated across
the range of Navy missions, and that such upgrades cannot be funded
exclusively through BMDO or through congressional increases. The
conferees direct the Secretary of Defense to define the appropriate
management and funding
responsibilities between the Navy and BMDO regarding the
development and acquisition of radars that support the Navy ballistic
missile defense mission, and to ensure that appropriate funds are
requested to support these activities.
Medium Extended Air Defense System
The budget request included $63.2 million for the Medium Extended
Air Defense System (MEADS). The conferees recommend a decrease of $9.7
million in PE 63869C due to growth in the MEADS program.
BMD Technical Operations
The conferees continue to support BMDO's effort to develop a theater
missile defense surrogate target based on a liquid fuel engine. The
conferees agree to authorize an increase of $2.5 million in PE 63874C to
continue this effort.
The conferees continue to support the Army Space and Missile Defense
Command's Advanced Research Center (ARC) and agree to authorize an
increase of $6.0 million in PE 63874C in support of the ARC.
The conferees support BMDO's efforts to improve missile defense
technologies and capabilities against advanced theater ballistic missile
threats. One promising area of research is in optical data and sensor
fusion for detection and discrimination of advanced threats, missile
plumes, and penetration aids using advanced image processing and optical
discrimination algorithms. The conferees agree to authorize an increase
of $3.0 million in PE 63874C for BMDO to continue this work.
BMDO has succeeded in employing wide-band information technologies
to link geographically dispersed radar and missile hardware-in-the-loop
test facilities to improve ground testing of theater missile defense
systems and increase the probability of successful flight testing. The
conferees believe that this approach can be used in other areas,
including battle management and command, control, communications, and
intelligence (C3I). Therefore, the conferees agree to authorize an
increase of $9.0 million in PE 63874C to support continued development
of a wide-band information infrastructure for BMDO.
International Cooperative Programs
The budget request included $117.0 million for BMDO International
Cooperative Programs, including $81.2 million for Israeli Cooperative
Projects and $35.8 million for the Russian-American Observation
Satellites (RAMOS) program.
The conferees acknowledge that the budget request included $45.0
million to support continued acquisition of the Arrow Third Battery. The
conferees agree to authorize an increase of $8.0 million in PE 63875C to
initiate the Arrow System Improvement Plan.
Defense imagery and mapping program
The budget request included $75.0 million in PE 35102BQ.
The House bill would authorize an increase of $22.0 million in PE
35102BQ: $4.0 million for Rome Laboratory moving target exploitation
efforts; $3.0 million for the National Technology Alliance and the
National Imagery and Mapping Agency (NIMA) Viewer development; and $15.0
million for the Geo-Synthetic Aperture Radar (GeoSAR) program.
The Senate amendment would authorize an increase of $7.0 million in
PE 35102BQ: $5.0 million for the NIMA Viewer; and $2.0 million for the
``Smart Maps'' initiative.
The conferees agree to authorize an increase of $20.0 million in PE
35102BQ: $3.0 million for the development of a Commercial Mapping and
Visualization Toolkit, which includes the NIMA Viewer concept; $15.0
million for the GeoSAR program; and $2.0 million for the ``Smart Maps''
initiative.
The conferees agree that the mapping and visualization toolkit
development funds are not being designated for a specific contractor
program, but that NIMA should use the additional funds to continue
efforts to upgrade its commercial mapping and visualization toolkit, and
give appropriate consideration to competitive commercial sources for
conducting this work.
Special operations tactical systems development
The budget request included $133.5 million for special operations
tactical systems development in PE11644BB. The budget request did not
include funding to continue the development of many programs, including
the MC 130 autonomous landing guidance system, the CV 22 terrain
following radar upgrades, or the advanced lightweight grenade launcher.
The House bill would authorize an increase of $14.2 million in PE
11644BB, as follows: $9.2 million for the CV 22 terrain following radar
improvements; and, $5.0 million for continued development of the MC 130
autonomous landing guidance system.
The Senate amendment would authorize an increase of $5.6 million in
PE 11648BB, Special Operations Forces operational enhancements, for the
purpose of continuing research and development of the advanced
lightweight grenade launcher.
The conferees agree to authorize an increase of $13.3 million in PE
11644BB, special operations tactical systems development to be
distributed as follows: $4.5 million for the MC 130 autonomous landing
guidance system; $6.0 million for the CV 22 terrain following radar
upgrades; and, $2.8 million for the advanced lightweight grenade
launcher.
The conferees also understand that there may be slippage in the CV
22 post initial operational capability block 10 changes. Additionally,
the C 130 engine infrared suppression program has
been canceled due to higher priority requirements. Therefore,
the conferees agree to a reduction of $3.0 million for the CV 22 block
10 changes and a reduction of $5.0 million for the C 130 engine infrared
suppression program.
ITEMS OF SPECIAL INTEREST
Common imagery processor
The House report accompanying H.R. 4392, the Intelligence
Authorization Act for Fiscal Year 2001 (H. Rept. 106 620), would direct
that, of the amounts appropriated pursuant to that Act in PE 35208F and
PE 35208N for the distributed common ground system (DCGS), no more than
25 percent could be obligated or expended until the Department of
Defense submits a plan to the congressional defense and intelligence
committees that details how the common imagery processor (CIP) will be
integrated into the Navy imagery system (NAVIS) and how the NAVIS
functionality could be incorporated into the common imagery
ground/surface system (CIGSS) structure.
The conferees agree that the Department should take full advantage
of functions and capabilities already owned by the government. In
general, the conferees do not support expenditure of funds to recreate
existing capabilities absent compelling arguments. In this light, the
conferees believe there is potential for integrating capabilities of the
CIP, NAVIS, and CIGSS.
Therefore, the conferees direct the Assistant Secretary of Defense
for Command, Control, Communications, and Intelligence, in consultation
with the Director, National Imagery and Mapping Agency, to submit a plan
to the congressional defense and intelligence agencies by March 15,
2001, which outlines an appropriate path for migrating tactical imagery
programs, including the CIP, NAVIS, and CIGSS, to integrated solutions
within the CIGSS architecture.
Defense Space Reconnaissance Program
The Defense Space Reconnaissance Program (DSRP) has served an
important role in providing direct interactions between the National
Reconnaissance Office (NRO) and operational military commanders and
other elements of the Department of Defense. In recent years, however,
the DSRP has become a less uniquely effective entity as overt NRO
support to the military has increased and reduced classification
barriers have greatly increased military customer knowledge of
space-based systems. In fact, the NRO now maintains a Military Support
Division, directed by a general officer tasked to interact directly with
the military customers of the NRO.
The conferees understand that the Director of the NRO has recently
recommended that the DSRP be reestablished as the budgetary mechanism
for defense augmentation of NRO programs to meet tactical military
needs. The conferees believe that this proposal merits careful
consideration.
At the same time, the conferees believe that the Secretary of
Defense needs to evaluate the overall role of the NRO in supporting
tactical military forces. The conferees believe that the following
issues must be addressed as part of an overall review of space
intelligence support to the warfighter: (1) the appropriate role for the
NRO to play in supporting military operations and exercises, such that
the NRO does not duplicate unnecessarily the responsibilities and
capabilities of organizations, such as the National Imagery and Mapping
Agency, the National Security Agency, or U.S. Space Command that are
specifically tasked to support their various military customers; (2)
whether some or all of the funds and responsibilities currently included
in the NRP, the DSRP, and the service Tactical Exploitation of National
Capabilities (TENCAP) programs for supporting military operations and
exercises should be consolidated; (3) whether a revitalized DSRP would
be the best mechanism for giving the Unified Commands a role in
determining future space intelligence and reconnaissance capability
requirements and raising the visibility of space reconnaissance matters
within the Department of Defense program planning and resource
allocation process; and (4) the role of a revitalized DSRP in funding
NRO system developments to satisfy unique military or service
requirements.
The conferees direct the Secretary of Defense to provide the
congressional defense and intelligence committees a report by May 1,
2001, on his assessment and recommendations regarding these matters.
Future scout and cavalry system
The conferees have strongly supported the Army's future scout and
cavalry system (FSCS) development effort in a joint program with the
United Kingdom and are concerned to note actions taken by the Army to
eliminate funding for the FSCS engineering and manufacturing development
phase. As a result, funding for the Advanced Technology Demonstration
(ATD) phase was eliminated in the fiscal year 2001 Department of Defense
Appropriations Conference Report. The conferees note the Army has
recently developed a plan to include FSCS technologies within its
transformation efforts and recognize the FSCS ATD will provide a basis
to evaluate the integration of land-system technologies through a
platform demonstration. The conferees believe the FSCS program is well
positioned to develop leap-ahead technologies for future land systems
and support Army intentions to request reprogramming authority necessary
to carry this program through the ATD phase of the development effort.
Modernized hellfire/common missile
The budget request included $5.0 million for the modernized Hellfire
program to explore risk reduction opportunities. The conferees
understand the Army is considering the possibility of moving toward a
common chemical energy missile and that the modernized Hellfire program
would serve as the baseline for this effort. The conferees fully support
the Army's goal to reduce the different types of anti-tank missile
systems in its future tactical inventory. However, this goal was not
supported by a request for funds in the fiscal year 2001 budget.
Therefore, the conferees direct the Army to ensure that fiscal year 2001
funds for the modernized Hellfire are used, in part, to initiate a
program definition study to determine the potential of a common ground
and air-to-ground missile. Furthermore, the conferees expect the Army to
begin funding this effort in the fiscal year 2002 budget submission.
National Imagery and Mapping Agency pre-acquisition activities
Congress has repeatedly addressed the critical need to conduct
thorough and effective pre-acquisition activities before embarking on a
path to make the necessary improvements to the National Imagery and
Mapping Agency's (NIMA) tasking, processing, exploitation, and
dissemination (TPED) capabilities. The conferees agree that NIMA needs
to conduct comprehensive pre-acquisition activities and will require
substantial additional funds for this purpose.
The conferees believe that these pre-acquisition activities should
accomplish several goals: (1) to apply new information technology and
modern business practices across the imagery and geospatial enterprise,
to include such concepts as federated management and migrating legacy
systems based on proprietary software to an open systems architecture;
(2) to develop a realistic program plan and acquisition strategy related
to the role of NIMA, its oversight mechanisms, and its contractors,
including the use of an overarching systems integration contract
(perhaps along the lines of the National Missile Defense Lead Systems
Integrator contract), unless the Department of Defense (DOD) can
demonstrate that it would be more efficient and effective for the
government to retain the integration role; (3) to develop a realistic
plan to manage the transition of the current systems and personnel of
the United States Imagery and Geospatial Information System (USIGS) to
the new, modern architecture; (4) to ensure that all imagery and
geospatial systems within DOD and other intelligence community agencies
(including tactical programs, airborne systems, and commercial
capabilities) are incorporated into an integrated imagery TPED
architecture; and (5) to provide appropriate basis for migrating the
TPED architecture from an imagery and geospatial TPED architecture to
one capable of processing intelligence of multiple types (a so-called
``MULTI-INT'' architecture).
The conferees understand that the plan of the NIMA Director is to
consider all options for TPED, to include making significant changes to
the current architecture. The conferees agree that the review should be
thorough, and that NIMA should retain only those previous architectural
efforts and program planning that withstand fresh scrutiny. The
conferees do not intend for NIMA to delay progress in important ongoing
activities (including such programs as NIMA libraries and softcopy
exploitation, now in the fielding phase) while the pre-acquisition
effort is underway.
The conferees believe that direct and personal involvement by the
Deputy Secretary of Defense and the Director of Central Intelligence
(DCI) are necessary to ensure that the large resource investment to
correct TPED deficiencies is properly managed and adequately supported
by all DOD and Intelligence Community components. Therefore, the
conferees request the Deputy Secretary and the DCI to direct all
subordinate departments, agencies, and organizations to fully support
NIMA TPED pre-acquisition activities. This must include providing
overall guidance, developing concepts and system technical interfaces,
and organizing and training intelligence providers and customers to
maximize the imagery TPED functions. As noted above, the scope of this
effort clearly must involve all imagery and geospatial information
systems, including open-source systems. It should also include: all
collection systems (spacecraft, aircraft, unmanned aerial vehicles,
etc.); all tasking, data, storage, processing, exploitation, analysis,
dissemination (including communications) and collaboration systems; and
all databases and the specific interfaces. In short, this
pre-acquisition effort should refine and define the end-to-end
information management processes for U.S. imagery and geospatial data
systems so that intelligence can be provided to all customers at all
levels.
The conferees expect that the policy and programmatic knowledge
gained and the system-level specifications that result from the
pre-acquisition activity will be used to focus NIMA's TPED development
and acquisition efforts. The conferees expect the Deputy Secretary of
Defense and the DCI to develop a realistic TPED transition plan with
rigorous cost assessments and to submit that plan to Congress concurrent
with future budget requests.
The conferees recognize that the fiscal year 2001 budget request and
the Future Years Defense Program (FYDP) reflected additional resources
to satisfy TPED requirements. This reflects the first firm commitment by
the Deputy Secretary of Defense that the Department would provide
additional resources to support TPED modernization. Although the
conferees recognize that better funding estimates will result from the
pre-acquisition activities addressed above, the administration must
continue near- and long-term efforts to identify funding commitments in
the fiscal year 2002 budget request and the FYDP that match the critical
requirements in this area.
In the near-term, the conferees believe that the Department should
take a number of steps to ensure the TPED efforts begin
efficiently and promptly. These actions should include the following:
(1) NIMA should establish a focused, capable, and empowered program
office that:
(a) remains separate from ongoing acquisition efforts;
(b) reports directly to the NIMA corporate acquisition executive for
the Director of NIMA; and
(c) maintains clear and agreed upon relationships with the
management oversight staffs, partnering program offices, and customers.
(2) NIMA should modify the current TPED study contracts as necessary
to develop or to assist the Department in developing the following:
(a) a NIMA enterprise-wide 2005-era vision for the imagery TPED
architecture, as modernized by new information management technology and
business practices;
(b) a 2005-era concept of operations for all products, services, and
business operations;
(c) a range of architectural approaches for a 2005-era USIGS that
would account for current and near-term systems, and that are designed
to facilitate transition from the current architecture;
(d) an acquisition strategy and program plan that clearly outlines
program management, including the role of the NIMA program office and
use of a systems integrator, contracts for advisory and assistance
services (CAAS), and federally funded research and development centers;
(e) a source selection strategy;
(f) draft interface control documents, interagency memoranda, and
one or more requests for proposal (as determined by the acquisition
strategy) with all reference documents, to include statements of
objectives, requirements, and operational concepts;
(g) a draft transition plan for all segments of the imagery and
geospatial architecture, both internal and external to NIMA; and
(h) cost estimates and budget profiles for complete life cycle costs.
(3) NIMA's plan to achieve the actions in item (2) above shall be
reviewed by the Assistant Secretary of Defense for Command, Control,
Communications, and Intelligence, and the Deputy Director of Central
Intelligence for Community Management.
The conferees direct the Secretary of Defense, in coordination with
the DCI, to take these actions by February 1, 2001, and submit a report
by that date to the congressional defense and intelligence committees
that describes the implementation of these actions.
Nuclear Detonation Detection System
The conferees note that the Nuclear Detonation (NUDET) Detection
System (NDS) Electromagnetic Pulse (EMP) V sensors are currently
scheduled to fly on the next generation Global Positioning System (GPS)
Block IIF satellites. These sensors support the mission areas of
Integrated Tactical Warning and Attack Assessment (ITWAAA), Treaty
Monitoring, and Nuclear Force Management (NFM). The conferees recognize
that these sensors are necessary to providing the Commander in Chief of
U.S. Strategic Command with the robust battle damage assessment
capability required to adequately advise the National Command Authority
during Single Integrated Operations Plan (SIOP) execution. In addition,
these sensors are critical for arms control monitoring and verification.
Therefore, the conferees support efforts to procure the NDS EMP V
sensors in time to fly on the first GPS IIF satellites. The conferees
direct the Secretary of the Air Force to ensure that there is no loss in
sensor coverage.
Radar technology insertion program
The conferees understand that the Air Force recently conducted a
review of the Joint Surveillance and Target Attack Radar System (JSTARS)
acquisition program, and confirmed the requirement for the Radar
Technology Insertion Program (RTIP). Conferees note that RTIP capability
will offer a major enhancement to the current JSTARS fleet and strongly
urge the Air Force to install RTIP into any JSTARS aircraft produced
after RTIP goes into production.
Space launch ranges
The conferees are concerned that continuing to vest the Air Force
with sole fiscal responsibility for the space launch ranges is
increasingly problematic. The conferees note that several recent
congressional hearings and governmental studies indicate that: (1) the
Air Force is transitioning to use of commercial launch services and the
commercial launch industry is, and will remain, the predominant user of
these ranges; (2) because it does not recover the costs of its
management, operation, and modernization of the ranges, the Air Force
provides a substantial subsidy to the commercial launch industry, which
is less justifiable as the commercial launch industry matures; (3) the
Air Force has done an inadequate job of maintaining and modernizing the
ranges, and inadequate funding for the ranges is causing equipment to
become outdated; and (4) the commercial launch industry does not believe
that the Air Force manages the ranges efficiently, often leading to
costly launch delays.
The conferees urge the Secretary of Defense to give consideration to
expanding the sources of funding for range modernization, maintenance,
and operations and to transition responsibility for range management,
modernization, maintenance, and operations from the Air Force to joint
responsibility between a combination of the Air Force, other state and
federal agencies, and the commercial sector. The conferees believe that
such approaches may offer the opportunities to improve both military and
commercial launch capabilities.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations (secs. 201 202)
The House bill contained provisions (secs. 201 202) that would
authorize the recommended fiscal year 2001 funding levels for all
research, development, test, and evaluation accounts.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.
SUBTITLE B--PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS
Management of Space-Based Infrared System-Low (sec. 211)
The House bill contained a provision (sec. 212) that would transfer
during fiscal year 2001 the management authority over the Space-Based
Infrared System (SBIRS) Low program from the Air Force to the Ballistic
Missile Defense Organization (BMDO).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would delay the transfer
of the SBIRS-Low program to BMDO until fiscal year 2002.
Joint strike fighter program (sec. 212)
The House bill contained a provision (sec. 213) that would require
the Secretary of Defense to certify to the congressional defense
committees that the joint strike fighter (JSF) is technologically mature
enough prior to allowing the JSF program to enter the engineering and
manufacturing development (EMD) phase.
The Senate amendment contained a provision (sec. 215) that would
require a report from the Secretary of Defense on the technical exit
criteria for the JSF to enter EMD and on the impact of any changes the
Department of Defense had made to the acquisition strategy. The Senate
amendment would also provide a waiver of an amount of funds from the
transfer authority ceiling in the event the Department decided to
reprogram funds within the JSF program to support EMD activities.
The House recedes with an amendment that would require the Secretary
of Defense to provide a report on the technical exit criteria for the
JSF to enter EMD. The provision would require that, prior to entering
EMD, the Secretary of Defense would have to certify to the congressional
defense committees that the technical exit criteria have been met, that
key technologies are sufficiently mature, and that the short takeoff and
vertical landing variant of the design selected for EMD has accumulated
at least 20 flight test hours. The provision would also provide a waiver
of transfer authority ceiling in the event the Department were to decide
that it needed to reprogram funds within the JSF program.
Fiscal year 2002 joint field experiment (sec. 213)
The Senate amendment contained a provision (sec. 211) that would
require the Secretary of Defense to plan in fiscal year 2001, and
execute in fiscal year 2002, a major joint field experiment. This
experiment would include elements from all military services and special
operations forces that represent equipment, organizations, and concepts
intended to counter threats to U.S. national security in the year 2010
and beyond.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
to submit to the congressional defense committees by March 1, 2001, a
report on the concept plan for this joint field experiment that
includes: (1) the objectives of the experiment; (2) participating
forces; (3) experiment schedule and location(s); (4) funding
requirements for each participating joint command, defense agency, and
service component; and (5) identified shortfalls in funding required for
the experiment that are not included in the fiscal year 2002 budget
request for each of the participating joint commands, defense agencies,
and service components.
The conferees agree to authorize an increase of $2.0 million in PE
63727N to facilitate the planning in fiscal year 2001 of this major
joint field experiment to be executed in fiscal year 2002.
Nuclear aircraft carrier design and production modeling (sec. 214)
The budget request included $38.3 million in PE 64567N for aircraft
carrier contract design. The budget request did not include funds
specifically designated for converting nuclear aircraft carrier designs
to a three-dimensional, computer-based system.
The House bill would authorize $5.0 million of the budget request to
begin development of an aircraft carrier design product model for the
CVNX.
The Senate amendment contained a provision (sec. 212) that would
authorize an increase of $10.0 million in PE 64567N to develop an
electronic product model of the CVNX 1 and applicable sections of CVN 77
nuclear aircraft carrier design. The Senate amendment would also direct
the Navy to provide an analysis of the potential costs and benefits of
extending this product model effort for use in supporting the Nimitz
-class ships in the fleet.
The House recedes with an amendment that would authorize an increase
of $8.0 million in PE 64567N to develop an electronic product model of
the CVNX 1 and applicable sections of CVN 77. The amendment would also
require the Secretary of the Navy to provide a report on the cost
effectiveness of converting design data to an electronic form and
developing a three-dimensional design product model for the CVNX class
aircraft carrier.
DD 21 class destroyer program (sec. 215)
The Senate amendment contained a provision (sec. 213) that would
authorize the Secretary of the Navy to pursue a technology insertion
approach to DD 21 that would commence construction of the first DD 21 in
fiscal year 2004 followed by a fiscal year 2009 delivery. The provision
would also express the sense of Congress that there are compelling
reasons to commence DD 21 construction in fiscal year 2004 followed by
sequential construction of DD 21 destroyers until a total of 32 are
built. The provision would further direct the Secretary of Defense and
the Secretary of the Navy to submit certain reports on DD 21.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Limitation on Russian American Observation Satellites program (sec. 216)
The Senate amendment contained a provision (sec. 219) that would
prohibit the expenditure or obligation of funds for the Russian American
Observation Satellites (RAMOS) program until 30 days after the Secretary
of Defense submits to Congress a report concerning the protection of
advanced military technology that may be associated with the RAMOS
program.
The House bill contained no similar provision.
The House recedes.
Joint Biological Defense Program (sec. 217)
The Senate amendment contained a provision (sec. 220) that would
prohibit the obligation of funds to procure the vaccine for the
biological agent anthrax until the Secretary of Defense makes a
notification and delivers a report to the congressional defense
committees.
The House bill contained no similar provision.
The House recedes with an amendment that would establish permissible
actions related to the obligation of funds to procure the anthrax
vaccine and would require the Secretary to report within seven days to
the Congress all obligations in connection with the qualified
procurement of anthrax vaccine with a value greater than $5.0 million.
The conferees note that the anthrax virus is only one of several
biological agents Department of Defense officials have testified could
pose a threat to military personnel. The conferees are concerned that
the myriad issues associated with the production and acquisition of the
anthrax vaccine may also apply to other biological warfare defense
vaccine research, development, and procurement programs. It is incumbent
on the Secretary to develop a plan, including milestones, for
modernizing all vaccines used or anticipated to be used to immunize
military personnel against biological agents. In the development of that
plan, the Secretary should take such action, including procuring
vaccines from more than one manufacturer, if necessary or appropriate,
to ensure military personnel immunization policies and plans can be
effectively implemented.
Section 1703 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103 160) required the Secretary of Defense to
report annually on the status and plans of chemical and biological
defense research, development and procurement programs. In the report to
be submitted in calendar year 2001 and the subsequent three reports, the
costs incurred by, and payments made to, each contractor or other entity
engaged in the production, storage, distribution, or marketing of the
anthrax vaccine administered by the Department of Defense should be
provided. In the report to be submitted in calendar year 2001, the
following information should be included: (1) an estimate and update of
the life cycle costs of the anthrax vaccination program; (2) a
description of the anthrax vaccine acquisition strategy; (3) an
assessment of government requirements (defense and non-defense) for the
anthrax vaccine; (4) an assessment of the financial and manufacturing
ability of the manufacturer of the anthrax vaccine to meet government
requirements; and (5) a description of any activity related to any
anthrax vaccine license with significant implications for the Department
of Defense.
Report on biological warfare defense vaccine research and
development programs (sec. 218)
The Senate amendment contained a provision (sec. 221) that would
direct the Secretary of Defense to report on the Department of Defense
(DOD) program to develop and procure vaccines for biological warfare
agents no later than February 1, 2001. The provision would require the
Secretary to develop a design for a government-owned,
contractor-operated (GOCO) vaccine production facility and provide a
determination on the utility of such a
facility to support civilian vaccine production, and an
analysis of possible vaccine production for international use.
The House bill contained no similar provision.
The House recedes with an amendment that would modify the
requirements of the report to include an estimated establishment cost
and schedule for the GOCO facility, and an evaluation of the
non-military use of such a facility on the production of vaccines for
U.S. Armed Forces.
Cost limitations applicable to F 22 aircraft program (sec. 219)
The Senate amendment contained a provision (sec. 214) that would
provide one percent relief on the engineering and manufacturing (EMD)
development cost cap for the F 22 aircraft if the funds are required for
testing, as certified by the Director of Operational Test and Evaluation
(DOT&E) and the Undersecretary of Defense for Acquisition, Technology,
and Logistics (USD AT&L).
The House bill contained no similar provision.
The House recedes with an amendment that would provide one and one
half percent relief on the EMD cost cap for the F 22 aircraft program,
if the use of these funds is required for testing, as certified by DOT&E
after consultation with USD AT&L. The amendment would also reestablish
the EMD and production cost caps, as established by section 217 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105
85).
Unmanned advanced capability combat aircraft and ground
combat vehicles (sec. 220)
The Senate amendment contained a provision (sec. 217) that would
establish an initiative to promote the use of unmanned combat systems
and technologies with the goal that, within 10 years, one-third of U.S.
military operational deep strike aircraft will be unmanned and, within
15 years, one-third of all ground combat vehicles will be unmanned. The
Senate amendment would authorize $200.0 million in research,
development, test and evaluation in PE 62702E to accelerate the
technologies that will lead to the development and fielding of remotely
controlled air combat vehicles by 2010 and remotely controlled ground
combat vehicles by 2015.
The House bill contained no similar provision.
The House recedes with an amendment.
The conferees support the need to strengthen Army, Navy, and Air
Force efforts to exploit the significant potential of unmanned combat
aircraft and ground vehicles to effectively accomplish many critical
combat missions while avoiding risk to aircraft and ground vehicle
crews. The amendment reaffirms the goal established in section 217 of
the Senate amendment of developing and fielding advanced capability
unmanned combat aircraft and ground vehicles such that one-third of the
operational deep strike aircraft in the year 2010 and one-third of the
ground combat vehicles acquired through the Army's future combat system
development program by the year 2015 could be unmanned.
The conferees direct the Secretary of Defense to submit a report to
the congressional defense committees that describes the development and
demonstration efforts of the services together with the Defense Advanced
Research Projects Agency (DARPA) that will be required to support the
established goals. The report shall be submitted in conjunction with the
fiscal year 2002 budget request and will include the acquisition
strategy required to achieve the established goals, including necessary
funding, analysis of alternatives, and potential contributions to, or
impacts to current and planned deep strike combat aircraft and ground
combat vehicles.
The conferees recommend that efforts to develop and to demonstrate
unmanned combat aircraft and ground combat vehicles should be focused
initially on the highest risk mission areas. For aircraft, this mission
area is defined as those early entry deep strike missions for
suppression of enemy air defenses and other highest priority targets.
The amendment also addresses commonality between the Air Force and Navy
programs. The conferees expect that significant air vehicle systems
commonality and interoperability between the Navy and Air Force variants
is achievable, specifically in the areas of electronics, avionics,
datalinks, and operating stations. The conferees also recognize the
importance of low observable (LO) designs in future systems. To that
end, Air Force should proceed with development of air vehicle three and
validate the LO design of the unmanned combat air vehicle (UCAV) system.
Accordingly, the Navy should fully explore the advantages of LO
technology in their design of the unmanned combat air vehicle (UCAV N)
system.
In its analysis of alternatives, the Navy should examine a force of
10 to 20 UCAVs per carrier airwing. For ground combat vehicles, the
capabilities currently anticipated for the Army's new objective force
currently under development in collaboration with DARPA offer the most
appropriate focus for application of unmanned vehicle capability.
To accelerate efforts toward achieving these aggressive goals, the
conferees authorize an increase of $100.0 million in PE 62702E, as
follows: $50.0 million for the Air Force's UCAV program; $25.0 million
for the Navy's UCAV N program; and, $25.0 million for the Army-DARPA
joint program on the Future Combat System (FCS). The conferees expect
DARPA and the services to work the additional funding, responsibilities,
and timelines into the existing memorandum of agreements for these three
programs.
The conferees recognize that an increase of $46.0 million is
authorized in PE 63005A for enabling technologies for the FCS, as noted
elsewhere in this report. The request for the additional funds came from
the Department of the Army's unfunded priority
list. The conferees note that the Army transformation program
hinges on the success of FCS as it is the centerpiece of the service's
new ground warfare strategy. The conferees urge the Department to fully
fund this critical program in the future.
Global Hawk high altitude endurance unmanned aerial vehicle (sec. 221)
The Senate amendment contained a provision (sec. 216) that would
require a demonstration of the Global Hawk high altitude endurance
unmanned aerial vehicle (HAE UAV) in a counter-drug surveillance
scenario.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to initiate this demonstration no later than March 1, 2001.
The provision would also direct the Secretary to conduct the
demonstration and the parallel radar development effort using funds
authorized to be appropriated for Drug Interdiction and Counter-drug
Activities, Defense.
Army space control technology development (sec. 222)
The Senate amendment contained a provision (sec. 218) that would
authorize $20.0 million for the Kinetic Energy Anti-Satellite (KE ASAT)
program, $5.0 million for other Army space control technology
development, and prohibit the obligation of funds for other Army space
control technology until funds for the KE ASAT program have been
released to the KE ASAT program manager.
The House bill contained no similar provision.
The House recedes with an amendment that would specify that, of the
funds authorized to be appropriated for Army space control technology
development, $3.0 million shall be available for the KE ASAT program.
SUBTITLE C--BALLISTIC MISSILE DEFENSE
Funding for fiscal year 2001 (sec. 231)
The House bill contained a provision (sec. 231) that would authorize
funds for the National Missile Defense Program, including funds for the
Space-Based Infrared System (SBIRS)-Low program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize funds for
the National Missile Defense program, but not the SBIRS-Low program.
Matters related to SBIRS-Low are addressed elsewhere in this report.
Reports on ballistic missile threat posed by North Korea (sec. 232)
The House bill contained a provision (sec. 233) that would require
that, not later than two weeks after the next flight test by North Korea
of a long-range ballistic missile, or 60 days after enactment of this
Act, the President shall submit to Congress a report on the North Korean
ballistic missile threat to the United States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require that, not
later than two weeks after the next flight test by North Korea of a
long-range ballistic missile, the President shall submit to Congress a
report on the North Korean ballistic missile threat to the United
States.
Plan to modify ballistic missile defense architecture (sec. 233)
The House bill contained a provision (sec. 234) that would require
the Director of the Ballistic Missile Defense Organization to develop a
plan to adapt ballistic missile defense systems and architectures to
counter threats to the United States, U.S. Armed Forces deployed outside
the United States, and other U.S. national security interests that are
posed by ballistic missiles with ranges of 1,500 to 2,500 miles.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Management of Airborne Laser program (sec. 234)
The House bill contained a provision (sec. 235) that would designate
the Airborne Laser (ABL) program as a program element of the ballistic
missile defense program managed by the Ballistic Missile Defense
Organization (BMDO).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of the Air Force to obtain the approval of the Director of
BMDO before making any change to the ABL funding profile, schedule, or
technical requirements, and for the Director of BMDO, in coordination
with the Secretary of the Air Force, to submit a report to the
congressional defense committees on the role of the ABL in current U.S.
missile defense architecture.
As addressed elsewhere in this conference agreement, the conferees
recommend a funding increase of $85.0 million for the ABL program, the
amount needed in fiscal year 2001 to keep the Program Definition and
Risk Reduction aircraft on schedule to conduct the first lethal
demonstration during fiscal year 2003. The conferees direct the
Secretary of the Air Force to spend these additional fiscal year 2001
funds consistent with the fiscal year 2000 program plan. Absent the
development of technical problems, the conferees believe that the ABL
program
should remain on schedule for a lethal demonstration in fiscal
year 2003 and initial operational capability in fiscal year 2008.
SUBTITLE D--HIGH ENERGY LASER PROGRAMS
High energy laser programs (secs. 241 250)
The House bill contained a provision (sec. 211) that would authorize
funding for high energy laser (HEL) research and development, and would
require the Secretary of Defense to designate a senior civilian official
in the Office of the Secretary of Defense (OSD) to oversee, coordinate,
prioritize, and conduct planning and programming for the HEL programs.
The provision would also express a sense of Congress concerning the
appropriate funding levels for HEL research and development, require the
establishment of a memorandum of agreement between the Secretary of
Defense and the Administrator of the National Nuclear Security
Administration to conduct joint laser research programs, and establish
certain reporting requirements.
The Senate amendment contained a similar provision (sec. 917) that
would authorize funding for HEL programs, require the Secretary of
Defense to implement the organizational recommendations included in the
High Energy Laser Master Plan of March 24, 2000, and require other
actions related to the management of HEL.
The Senate recedes with an amendment that would require the
Secretary of Defense to implement the recommendations included in the
High Energy Laser Master Plan recommendations and would address other
matters related to HEL program funding and management. The amendment
would also require the Secretary of Defense, in consultation with the
Deputy Undersecretary of Defense for Science and Technology, to evaluate
whether to include other directed energy science and technology programs
in the new high energy laser management structure.
SUBTITLE E--OTHER MATTERS
Reports on mobile offshore base concept and potential use for
certain purposes of technologies associated with that concept (sec. 251)
The Senate amendment contained a provision (sec. 241) that would
require the Secretary of Defense to submit a report on the mobile
offshore base that would contain a cost-benefit analysis for the base
and a recommendation on whether a program should be established, with
lead service designation and schedule.
The House bill contained no similar provision.
The House recedes with an amendment that would require an additional
report from the Secretary of the Navy on the potential application and
feasibility of using existing technologies, including those associated
with the mobile offshore base concept, to a sea-based platform for
support of naval aviation training. This report should be viewed as a
matter totally disassociated with the potential requirement for a mobile
offshore base, with the exception of potential sharing of technologies.
Air Force science and technology planning (sec. 252)
The Senate amendment contained a provision (sec. 242) that would
require the Secretary of the Air Force to submit a report to the
congressional defense committees on the long-term challenges and
short-term objectives of the Air Force science and technology (S&T)
program.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the reporting
requirement for the Air Force, clarify the planning requirement, and
require the Comptroller General to report on the results of the review
and an assessment regarding the extent to which the review was conducted
in compliance with the requirements of this section.
Enhancement of authorities regarding education partnerships
for purposes of encouraging scientific study (sec. 253)
The Senate amendment contained a provision (sec. 243) that would
amend section 2194 of title 10, United States Code, to enhance
authorities relating to education partnerships to encourage scientific
study.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify the types of
property eligible for transfer under the authorities of this provision.
Recognition of those individuals instrumental to naval
research efforts during the period from before World War II through the
end of the cold war (sec. 254)
The House bill contained a provision (section 241) that would
recognize those individuals instrumental in the establishment and
conduct of oceanographic and scientific research partnerships between
the Federal Government and academic institutions during the period
beginning before World War II and continuing through the end of the Cold
War, support efforts by the Secretary of the Navy and the Chief of Naval
Research to honor those individuals, and express appreciation for the
ongoing efforts of the Office of Naval Research to support oceanographic
and scientific research and the development of researchers in scientific
fields related to the missions of the Navy and the Marine Corps.
The Senate amendment contained no similar provision.
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Acoustic mine detection technology
The Senate amendment contained a provision (sec. 223) that would
authorize an increase of $2.5 million in PE 62712A for research in
acoustic mine detection.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $2.5 million in PE
62712A for research in acoustic mine detection, as noted elsewhere in
this conference report.
Additional authorization for weathering and corrosion
technology for aircraft surfaces and parts
The Senate amendment contained a provision (sec. 203) that would
authorize an increase of $1.5 million in PE 62102F for weathering and
corrosion technology for aircraft surfaces and parts.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $1.0 million in PE
62102F for research, development, test, and evaluation technologies and
processes to address weathering and corrosion of aircraft surfaces and
parts, as noted elsewhere in this report.
The conferees direct that all applicable competitive procedures be
used in the award of contracts or other agreements under this program
and that cost sharing be used to the maximum extent practicable.
Air logistics technology
The Senate amendment contained a provision (sec. 225) that would
authorize an increase of $300,000 in PE 63712S for air logistics
technology.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $300,000 in PE
63712S for air logistics technology, as noted elsewhere in this
conference report.
Ammunition risk analysis research
The Senate amendment contained a provision (sec. 229) that would
authorize an increase of $5.0 million in PE 63104D for research in
ammunition risk analysis.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $5.0 million in PE
63104D for research in ammunition risk analysis, as noted elsewhere in
this conference report.
Funding for comparisons of medium armored vehicles
The Senate amendment contained a provision (sec. 230) that would
authorize an increase of $40.0 million to support a comparative
evaluation by the Army of medium armored combat vehicles.
The House bill contained no similar provision.
The Senate recedes.
Joint technology information center initiative
The Senate amendment contained a provision (sec. 228) that would
authorize $20.0 million for the Joint Technology Information Center
Initiative.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $20.0 million in Research,
Development, Test and Evaluation, Defensewide, for the Joint Technology
Information Center initiative.
Navy information technology center and human resource
enterprise strategy
The budget request included $15.3 million in PE 65013N for
information technology development.
The House bill would authorize the budget request.
The Senate amendment contained a provision (sec. 227) that would
authorize an increase of $5.0 million in PE 65013N for the Navy's single
integrated human resources strategy (SIHRS).
The Senate recedes on the provision.
The conferees agree to authorize an increase of $8.0 million in PE
65013N for the business process re-engineering of Navy legacy systems
through the SIHRS.
Sense of Congress concerning commitment to deployment of
National Missile Defense System
The House bill contained a provision (sec. 232) that would: (1)
reaffirm the policy of the United States declared in the National
Missile Defense (NMD) Act of 1999 (Public Law 106 38); (2) find that an
effective NMD system is technologically feasible; (3) find that hostile
``rogue'' nations are capable of posing missile threats to the United
States sufficient to justify deployment of an NMD system; and (4)
express the sense of Congress that the action of the President in
signing the NMD Act of 1999 entails a commitment by the President to
execute the policy declared in that Act.
The Senate amendment contained no similar provision.
The House recedes.
Technology for mounted maneuver forces
The Senate amendment contained a provision (sec. 224) that would
authorize an increase of $5.0 million in PE 65326A to test and evaluate
future operational technologies for use by mounted maneuver forces.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize an increase of $3.5 million in PE
65326A to test and evaluate future operational technologies for use by
mounted maneuver forces, as noted elsewhere in this conference report.
TITLE III--OPERATION AND MAINTENANCE
Overview
The budget request for fiscal year 2001 contained an authorization
of $108,746.1 million for Operation and Maintenance in the Department of
Defense and $1,154.4 for Working Capital Fund Accounts in fiscal year
2001.
The House bill would authorize $109,415.5 million for Operation and
Maintenance and $1,503.4 for Working Capital Fund Accounts.
The Senate amendment would authorize $108,904.7 million for
Operation and Maintenance and $1,154.4 for Working Capital Fund
Accounts.
The conferees recommended an authorization of $109,750.2 million for
Operation and Maintenance and $1,154.4 for Working Capital Fund Accounts
for fiscal year 2001. The conference agreement reflects reductions
reflected in the fiscal year 2001 Department of Defense Appropriations
Act (Public Law 106 259). Unless noted explicitly in the statement of
managers, all changes are made without prejudice.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
Battlefield Mobility Enhancement System
The budget request included no funding for the battlefield mobility
enhancement system know as Military Gator (M-Gator).
The House bill would authorize $9.3 million for M-Gator.
The Senate amendment would authorize $10.0 million for M-Gator.
The conferees agree to authorize $3.0 million for M-Gator. The
conferees commend the Department of the Army and, specifically, the
XVIII Airborne Corps for their efforts in acquiring the M-Gator
battlefield mobility enhancement system. The conferees note that these
efforts substantially shortened the acquisition process for this system
by using a commercial off-the-shelf vehicle and thereby resisted the
oft-repeated mistake of excessive modifications and militarizations,
saving both time and money. The conferees understand that it took the
Army only three years from the execution of the operational needs
statement to the initial fielding of the M-Gator. The conferees are also
pleased to note that M-Gators are currently available for world-wide
deployment by the 82nd and 101st Airborne Divisions and, within
available funding, will soon be available in the 10th Mountain Division
in New York and the 25th Infantry Division in Hawaii.
Cultural and historic activities
The budget request included $300,000 for the Legacy Resource
Management Program.
The House bill would authorize an increase of $6.5 million in the
Legacy program.
The Senate amendment would authorize an increase of $6.1 million in
the Legacy program for the recovery and preservation of three Civil War
vessels: the H.L. Hunley, a Civil War submarine; the U.S.S. Monitor, a
Civil War ironclad warship; and the C.S.S. Alabama, a Civil War commerce
raider.
The conferees agree to authorize an increase of $6.5 million in the
Legacy program. The conferees direct the Secretary of Defense and the
Secretary of the Navy to use the additional Legacy funds to accomplish
the following: (1) To raise the H.L. Hunley, recover other remaining
artifacts, and conduct related preservation activities; (2) to make
preparations for the turret recovery of the U.S.S. Monitor and recover
other remaining artifacts, including two cannons; and (3) to survey and
recover the artifacts of the C.S.S. Alabama, including the aft pivot gun
and the lifting screw. The conferees further direct that, not later than
April 1, 2001, the Secretary of Defense shall submit to the
congressional defense committees a report that completely describes all
prior and current use of Legacy funds and relevant state funds, and the
status of recovery and preservation activities related to the H.L.
Hunley, the U.S.S. Monitor, and the C.S.S. Alabama.
MOCAS enhancements
The budget request included $1.1 billion for the Defense Logistics
Agency.
The House bill would authorize the budget request.
The Senate amendment would authorize an increase of $1.2 million for
improvements to the Mechanization of Contract Administration Service
(MOCAS) System. The increase in funding is necessary for the development
of a query tool, enhanced shared data warehouse, and other improvements
to bring the MOCAS system in compliance with other provisions in the
Act.
The House bill contained no similar provision and would authorize
the budget request.
The conferees agree to authorize an increase of $1.0 million for
these purposes for the Defense Finance and Accounting Service.
ITEMS OF SPECIAL INTEREST
Funding for Formerly Used Defense Sites and the Conway
Bombing and Gunnery Range, Horry County, South Carolina
The Department of Defense (DOD) is responsible for cleaning up
properties that it formerly owned, leased, possessed, or operated, known
as Formerly Used Defense Sites (FUDS). The Army is the executive agent
for the FUDS program, and the U.S. Army Corps of Engineers (Corps)
manages and executes actual remediation activities. Because DOD no
longer owns or uses the FUDS properties, a Corps district commander is
given direct oversight responsibility for execution of environmental
restoration projects.
There are about 9,302 properties identified for inclusion in the
FUDS program, hundreds of which could be categorized as former ranges.
Unfortunately, there are significant funding shortfalls within the FUDS
program, which makes it difficult to execute much needed remediation
projects at these sites. In an effort to address this problem, the
Department of Defense Appropriations Act, 2001 (Public Law 106 259)
included an increase of $45.0 million for FUDS remediation. Although
these additional funds should facilitate further remediation activities
on FUDS properties, there remains a funding shortfall that must be
comprehensively addressed through the Department of Defense budget
process. The conferees direct the Secretary of Defense to work
cooperatively with the Secretary of the Army to resolve effectively the
funding shortfall in the FUDS program.
The conferees are particularly concerned about the lack of focus and
support for remediation of former military ranges. Specifically, the
conferees have been informed of potential
safety and environmental issues at the former Conway Bombing
and Gunnery Range (Range III), Horry County, South Carolina. The
conferees encourage the Secretary of the Army to move forward with
remediation at such ranges in accordance with existing Department of
Army policy.
United States Army marksmanship program
The conferees believe that international marksmanship competitions
are an excellent opportunity to showcase the skills of U.S. military
personnel in a sport that many countries see as a paradigm of military
preparedness.
The conferees note that since 1956, the United States Army
Marksmanship Unit, including active and reserve participants, have made
a significant contribution to the success of U.S. marksmanship teams.
Since the 1988 Olympic Games, reserve component participation on the
Department of Defense (DOD) contingent on U.S. shooting teams has
averaged nearly one half of all DOD team members. The conferees urge the
Secretary of Defense to review the current Army Marksmanship program in
order to maintain adequate opportunities for reserve component personnel
to participate in future international marksmanship events.
Water quality issues at installations in Kaiserslautern, Germany
The conferees are concerned about contamination at approximately 36
locations recently identified on, or near, military installations
supporting the missions of the U.S. Army and the U.S. Air Force in the
area of Kaiserslautern, Germany. The conferees recognize the effort of
the Secretaries of the Army and the Air Force to work cooperatively with
local German authorities to resolve matters relating to environmental
contamination of the water supply that supports the military
installations and civilians in the area of Kaiserslautern, Germany. The
conferees direct the Secretaries of the Army and Air Force to assess
jointly the nature and extent of the water contamination issue, and
develop a plan for the completion of remediation and restoration, to
include related costs. The conferees direct the secretaries concerned to
submit their findings and recommendations concurrent with the submission
of the budget request for fiscal year 2002.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations (secs. 301 302)
The House bill contained provisions (secs. 301 302) that would
authorize the recommended fiscal year 2001 funding levels for all
operations and maintenance and working capital fund accounts.
The Senate amendment contained similar provisions.
The conference agreement includes these provisions.
Armed Forces Retirement Home (sec. 303)
The House bill contained a provision (sec. 303) that would authorize
$69,832,000 from the Armed Forces Retirement Home Trust Fund to be
appropriated for the operation of the Armed Forces Retirement Homes.
The Senate amendment contained an identical provision (sec. 303).
The conference agreement includes this provision.
Transfer from National Defense Stockpile Transaction Fund (sec. 304)
The House bill contained a provision (sec. 304) that would authorize
the Secretary of Defense to transfer not more than $150.0 million from
the amounts received from sales in the National Defense Stockpile
Transaction Fund to the operations and maintenance accounts of the
military services.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Joint warfighting capabilities assessment teams (sec. 305)
The Senate amendment contained a provision (sec. 312) that would
authorize $4.0 million in operation and maintenance for defense-wide
activities for the Joint Staff be made available for the sole purpose of
improving the performance of the joint warfighting capabilities
assessment teams of the Joint Requirements Oversight Council.
The House bill contained no similar provision.
The House recedes with a technical amendment.
SUBTITLE B--ENVIRONMENTAL PROVISIONS
Establishment of additional environmental restoration account
and use of accounts for operation and monitoring of environmental
remedies (sec. 311)
The Senate amendment contained a provision (sec. 341) that would
amend section 2703 of title 10, United States Code, to designate an
account for formerly used defense sites within the Environmental
Restoration Account (ERA), and to ensure that all site closeout
activities would be funded by an appropriate ERA.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Certain environmental restoration activities (sec. 312)
The House bill contained a provision (sec. 313) that would authorize
the Secretary of Defense or the secretaries of the military departments
to use funds available in the environmental restoration accounts (ERA),
pursuant to section 2703 of title 10, United States Code, to permanently
relocate facilities. The authorization would be subject to secretarial
determination that permanent relocation was the most cost effective
environmental restoration option and would sunset in three years. The
provision would also limit the total funds available to five percent of
the funds deposited in an ERA for a fiscal year.
The Senate amendment contained a similar provision (sec. 346), but
made the authorization contingent upon a secretary's written
determination that such permanent relocation is part of a response
action that: (1) has the support of the affected community; (2) has the
approval of relevant regulatory agencies; and (3) is the most cost
effective response action available. The authority would terminate after
September 30, 2003, and be subject to a five percent funding cap within
each fiscal year for the funds available under section 2703. The
secretary concerned would also be required to provide an annual report
to the congressional defense committees on each response action for
which there has been a written determination made under this provision.
The Senate recedes with a technical amendment.
The conferees expect the Department of Defense to use this authority
judiciously, and to ensure that funds are used only for legitimate
environmental restoration priorities. Moreover, the conferees intend
that this provision will allow for a flexible approach to environmental
restoration at certain formerly used defense sites where progress has
been slow.
Annual reports under Strategic Environmental Research and
Development Program (sec. 313)
The Senate amendment contained a provision (sec. 343) that would
modify the current reporting requirement for the Science Advisory Board
to allow for its inclusion in the annual report for the Strategic
Environmental Research and Development Program.
The House bill contained no similar provision.
The House recedes.
Payment of fines and penalties for environmental compliance
at Fort Wainwright, Alaska (sec. 314)
The Senate amendment contained a provision (sec. 342) that would
require the Secretary of Defense or the secretaries of the military
departments to seek congressional authorization prior to paying any fine
or penalty imposed by a Federal agency for an environmental compliance
violation if the fine or penalty amount agreed to is $1.5 million or
more. Supplemental environmental projects carried out as part of fine or
penalty for amounts $1.5 million or more and agreed to after the
enactment of this Act would also require specific authorization by law.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
Secretary of Defense or the Secretary of the Army to pay no more than
$2.0 million in settlement for a $16.07 million notice of violation
issued on March 5, 1999, by the Administrator of the Environmental
Protection Agency at Fort Wainwright, Alaska.
The conferees note that a number of questions have been raised about
the manner in which environmental compliance fines and penalties are
assessed by state and federal enforcement authorities. Therefore, the
conferees direct the Secretary of Defense to submit a report to the
congressional defense committees no later than March 1, 2002, that
includes an analysis of all environmental compliance fines and penalties
assessed and imposed at military facilities during fiscal years 1995
through 2001. The analysis shall address the criteria or methodology
used by enforcement authorities in initially assessing the amount of
each fine and penalty. Any current or historical trends regarding the
use of such criteria or methodology shall be identified.
Payment of fines or penalties imposed for environmental
compliance violations at other Department of Defense facilities (sec.
315)
The House bill contained a provision (sec. 311) that would authorize
the payment of certain fines and penalties, or to carry out supplemental
environmental projects in accordance with section 8149 of the Department
of Defense Appropriations Act for Fiscal Year 2000. The Secretary of the
Army would be specifically authorized to pay following supplemental
environmental projects carried out in satisfaction of an assessed fine
or penalty: (1) $993,000 for Walter Reed Army Medical Center,
Washington, D.C.; (2) $377,250 for Fort Campbell, Kentucky; (3) $20,701
for Fort Gordon, Georgia; (4) $78,500 for Pueblo Chemical Depot,
Colorado; (5) $20,000 for Deseret Chemical Depot, Utah. The Secretary of
the Navy would be specifically authorized to pay the following fines and
penalties: (1) $108,000 for Allegany Ballistics Laboratory, West
Virginia; and (2) $5,000 for Naval Air Station, Corpus Christi, Texas.
The Senate amendment contained a similar provision (sec. 344) that
would authorize an additional fine of $7,975 for Fort Sam Houston,
Texas.
The House recedes with an amendment that would authorize an
additional fine of $1,650 imposed at Quantico, Virginia.
The conferees are pleased with the Army's most recent efforts to
reduce the level of fines and penalties received.
Reimbursement for certain costs in connection with the former
Nansemond Ordnance Depot Site, Suffolk, Virginia (sec. 316)
The Senate amendment contained a provision (sec. 345) that would
authorize the Secretary of Defense to pay not more than $98,210 from the
Environmental Restoration, Formerly Used Defense Sites Account to
reimburse the Nansemond Ordnance Depot Site Special Account of the
Hazardous Substance Superfund, established by the Internal Revenue Code
of 1986 (26 U.S.C. 9507). The reimbursement would be for oversight costs
incurred by the U.S. Environmental Protection Agency (EPA) on a time
critical removal action at the Former Nansemond Ordnance Depot performed
by the Department of Defense (DOD) under the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et
seq.) and the Defense Environmental Restoration Program (10 U.S.C. 2701
et seq.).
The House bill contained no similar provision.
The House recedes.
The conferees direct the Department of Defense and the military
departments to continue to seek congressional authorization prior to
reimbursing EPA for any oversight costs incurred at environmental
restoration sites where the DOD or the military departments have
incurred liability under CERCLA.
Necessity of military low-level flight training to protect
national security and enhance military readiness (sec. 317)
The House bill contained a provision (sec. 312) that would mandate
that any environmental impact statement completed, as of the date of the
enactment of this Act, for each special use airspace designated by a
military department for the performance of low-level training flights
satisfy all future requirements of the National Environmental Policy Act
of 1969 (NEPA) (42 U.S.C. 4321 et seq.).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide, consistent
with existing law, that NEPA does not require a programmatic,
nation-wide environmental impact statement for low level flight training
as a precondition to the use of any airspace by a military department
for the performance of low-level training flights.
Ship disposal project (sec. 318)
The Senate amendment contained a provision (sec. 347) that would
direct the Secretary of the Navy to continue to carry out a ship
disposal project in fiscal year 2001 and to use competitive contracting
procedures to award task orders within the ship disposal project. The
provision would also direct the Secretary to submit, not later than
December 31, 2000, a report to the congressional defense committees on
the ship disposal project.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Defense Environmental Security Corporate Information
Management Program (sec. 319)
The Senate amendment contained a provision (sec. 348) that would
direct the Secretary of Defense to submit, not later than 60 days after
the date of the enactment of this Act, a report to the congressional
defense committees on the Defense Environmental Security Corporate
Information Management (DESCIM) Program. The report would contain
specific recommendations regarding the future mission of the DESCIM
Program and address issues of concern within the Department of Defense.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the Chief
Information Officer of the Department of Defense (DOD) to ensure
management and oversight of the DESCIM program consistent with: the
Clinger-Cohen Act of 1996 (42 U.S.C. 1401 et seq.); section 331(a) of
the National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C.
2223); DOD Directives 5000.1, 5000.2 R, 5237.1; and all other statutes,
directives, regulations, and management controls that are applicable to
investments in information technology and related services.
The conferees remain concerned about evidence of mismanagement of
the DESCIM program. The conferees note the nominal return on an
investment of about $100.0 million.
Report on Plasma Energy Pyrolysis System (sec. 320)
The Senate amendment contained a provision (sec. 349) that would
require the Secretary of the Army to submit, not later than October 1,
2000, a report to the congressional defense committees that includes the
Army's analysis and recommendations regarding future applications for
both phases of the Plasma Energy Pyrolysis System (PEPS) technology (PE
62720A).
The House bill contained no similar provision.
The House recedes with an amendment that would change the date for
submission of the report to February 1, 2001.
Sense of Congress regarding environmental restoration of
former defense manufacturing site, Santa Clarita, California (sec. 321)
The House bill contained a provision (sec. 314) that would express
the sense of Congress that every effort should be made to apply all
known public and private sector innovative technologies to restore the
Santa Clarita site to productive use.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the original
findings.
SUBTITLE C--COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES
Use of appropriated funds to cover operating expenses of
commissary stores (sec. 331)
The House bill contained a provision (sec. 321) that would authorize
the Defense Commissary Agency to use appropriated funds to cover
expenses of operating stores and central product processing facilities.
The Senate amendment contained no similar provision.
The Senate recedes.
Adjustment of sales prices of commissary store goods and
services to cover certain expenses (sec. 332)
The House bill contained a provision (sec. 322) that would require
the Defense Commissary Agency to adjust prices of goods and services to
cover losses from shrinkage, spoilage, and pilferage, as well as the
cost of first destination transportation.
The Senate amendment contained no similar provision.
The Senate recedes.
Use of surcharges for construction and improvement of
commissary stores (sec. 333)
The House bill contained a provision (sec. 323) that would authorize
the Secretary of Defense to use proceeds solely from the commissary
surcharge for acquisition, construction, conversion, expansion,
improvement, repair, maintenance, and equipping commissaries or to cover
environmental evaluation and construction costs, including surveys and
similar expenses related to commissary construction.
The Senate amendment contained no similar provision.
The Senate recedes.
Inclusion of magazines and other periodicals as an authorized
commissary merchandise category (sec. 334)
The House bill contained a provision (sec. 324) that would add
magazines and other periodicals as an authorized merchandise category
for sale in commissaries.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to promulgate policy
guidance that would limit the display of magazines and other periodicals
in commissaries to the immediate area of the checkout lanes.
Use of most economical distribution method for distilled
spirits (sec. 335)
The House bill contained a provision (sec. 325) that would authorize
military exchanges to use private distributors to distribute distilled
spirits in those cases in which such an option is determined to be the
most cost-effective means of distribution.
The Senate amendment contained an identical provision (sec 369).
The conference agreement includes this provision.
Report on effects of availability of slot machines on United
States military installations overseas (sec. 336)
The House bill contained a provision (sec. 326) that would require
the Secretary of Defense to submit to the Congress, not later than March
31, 2001, a report evaluating the effect of the ready availability of
slot machines as a morale, welfare and recreation activity on United
States military installations overseas on members of the armed forces,
their dependents, and others who use the slot machines.
The Senate amendment contained no similar provision.
The Senate recedes.
SUBTITLE D--DEPARTMENT OF DEFENSE INDUSTRIAL FACILITIES
Designation of Centers of Industrial and Technical Excellence
and public-private partnerships to increase utilization of such centers
(sec. 341)
The Senate amendment contained a provision (sec. 332) that would
amend section 2474 of title 10, United States Code, to devolve the
authority to designate the depot-level activities of the Department of
Defense and the military departments to the respective secretaries of
the military departments, including the arsenals and ammunition plants
of the U.S. Army. The provision would also expand the activities
authorized to be conducted at these centers by employees of the center,
the private sector, or other entities outside the Department of Defense,
to include the performance of work under contract, or subcontract, in
any of the core competencies of the center; the performance of other
depot-level maintenance and repair related to the core competencies at
the center; or other work by the private sector that is not related to
the core competencies of the center that requires the
use of any facility or equipment of the center that are not
fully utilized by a military department for its own production and
maintenance requirements. The full costs of work performed by the
employees of the center under contract from the private sector must be
charged to the contract. Any revenues generated, by rents or through
other mechanisms, by private sector use of facilities and equipment at
these centers would be available to offset the costs of facility
operations, maintenance, and environmental restoration at the center
where the leased property is located. The provision would also include a
loan guarantee program to encourage the private sector to participate in
the public-private partnerships established in the centers.
The House bill contained no similar provision.
The House recedes with an amendment that would not include
ammunition plants or arsenals under section 2474. The amendment would
also authorize, rather than require, the secretary of a military
department to allow centers to enter into public-private partnerships.
Furthermore, the amendment would limit the work conducted at a center to
work that is related to the core competencies of the center. Finally,
rather than authorize a new loan guarantee program, the amendment would
require the Secretary of Defense to provide the Congress with a report
on the extent to which a loan guarantee program modeled after the loan
guarantee program in the Armament Retooling and Manufacturing Support
Program would help to achieve the objectives of section 2474.
Unutilized and underutilized plant-capacity costs of United
States arsenals (sec. 342)
The Senate amendment contained a provision (sec. 335) that would
prohibit the inclusion of the cost of unutilized or under utilized plant
capacity in the evaluation of bids for the contracting of the arsenal to
provide a good or service to a U.S. Government organization.
The House bill had no similar provision.
The House recedes with a technical amendment.
Arsenal support program initiative (sec. 343)
The House bill contained a provision (sec. 113) that would extend
the Armament Retooling and Manufacturing Support (ARMS) program by one
year and authorize the Army manufacturing arsenals to take part in the
program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would establish a separate
two year arsenal support demonstration program with authorities similar
to those provided by the ARMS program.
Codification and improvement of armament retooling and
manufacturing support programs (sec. 344)
The Senate amendment contained a provision (sec. 331) that would
amend Part IV of subtitle B of title 10, United States Code, to make
certain changes and codify the Armament Retooling and Manufacturing
Support (ARMS) Initiative. The provision would expand the objectives of
the program to include a reduction of the cost of ownership and/or
disposal of ammunition plants, to enhance best business practices, and
foster cooperation with the private sector at these facilities. The
provision would also make it easier for non-federal entities to use
excess capacity at these facilities, and offset the costs to the Federal
Government of ownership by allowing revenues generated through private
sector use to be applied to overhead and production costs.
The House bill contained no similar provision.
The House recedes with an amendment that would not further expand
the use of the ARMS program to excess facilities or allow an ARMS
facility to use contracts, leases, or other agreements for activities
not traditionally associated with the ARMS program, unless approved by
the Secretary of the Army.
SUBTITLE E--PERFORMANCE OF FUNCTIONS BY PRIVATE-SECTOR SOURCES
Inclusion of additional information in reports to Congress
required before conversion of commercial or industrial type functions to
contractor performance (sec. 351)
The House bill contained a provision (sec. 331) that would require
the Secretary of Defense to provide the Congress with additional
information before converting commercial or industrial functions to
contractor performance. The additional information would include a
certification that funds are specifically budgeted for conversion
analysis, the date on which the analysis was initiated, and the number
of Department of Defense civilians that would be adversely affected by
the proposed conversion.
The Senate amendment contained a similar provision (sec. 366(b)).
The Senate recedes with an amendment that would require the
Secretary of Defense to identify the funding source for the conversion
analysis and the number of Department of Defense civilians who will be
terminated or otherwise affected by the proposed conversion. The
amendment would also require the Secretary to include the estimated
economic impact of the change and a certification that the factors
considered in the examinations performed, and the decisions made, did
not include any predetermined personnel constraint or limitation in
terms of man-years, end strength, full-time equivalent positions, or
maximum number of employees.
Effects of outsourcing on overhead costs of Centers of
Industrial and Technical Excellence and Army ammunition plants (sec.
352)
The Senate amendment contained a provision (sec. 333) that would
require the Secretary of Defense to submit a report to Congress 30 days
prior to entering into a contract that would result in moving workload
performed by 50 or more employees from a center or ammunition plant. The
report should describe the impact of any reduction in workload at a
center or ammunition plant as a result of a contract and describe the
overhead costs of that facility.
The House bill contained no similar provision.
The House recedes with an amendment that would increase the waiting
period from 30 to 60 days.
Consolidation, restructuring, or re-engineering of Department
of Defense organizations, functions, or activities (sec. 353)
The House bill contained a provision (sec. 364) that would prohibit
the Secretary of Defense from initiating manpower reductions at
organizations or activities, or within functions, that are commercial,
commercial exempt from competition, military essential, or inherently
governmental until the Secretary submits a report to Congress outlining
the elements to be analyzed, the location and a description of the
elements, the number of civilian or military personnel that would be
affected, the cost of performance, and a certification that the decision
is not the result of predetermined constraints or limitations on
Department of Defense personnel. The provision would also require the
Secretary of Defense to submit to the Armed Services Committees of the
Senate and the House of Representatives a report on any decision on
consolidation or re-engineering if such action would eliminate 11 or
more positions. The provision would also require the Comptroller General
to review and to audit the findings of the Secretary of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to provide annually to Congress the Department's
Strategic Sourcing Plan. The provision would also require that the
Secretary of Defense provide a report to Congress outlining the results
of the analysis performed for those elements when an action would result
in a manpower reduction affecting 50 or more personnel. The Secretary
could not implement the results of the analysis until 30 days after
providing the Congress with the required report. This provision would
not apply to the transfer of military units between locations.
Monitoring of savings resulting from workforce reductions as
part of conversion of functions to performance by private sector or
other strategic sourcing initiatives (sec. 354)
The Senate amendment contained a provision (sec. 366) that would
require the Secretary of Defense to establish a system for monitoring
the performance of functions of the Department of Defense that are
performed by 50 or more employees of the Department and have been
subjected to a review to determine whether the function should be
performed by federal employees or a private sector workforce. The
provision would also establish three performance measures, including the
costs incurred, the savings derived, and the value of the performance by
the selected workforce measured against the costs of the performance of
the workload by the workforce at the beginning of the review. The
provision would also require the Secretary of Defense to provide to the
Congress with an annual report that outlines the results of the
performance reviews conducted over the previous years.
The House bill contained no similar provision.
The House recedes with an amendment that would require the report
provided by the Secretary of Defense to the Congress regarding the
results of past performance reviews to include those reviews conducted
over the previous five years. The report would compare the costs to
perform the function before and after the review, and the anticipated
savings from the review to the actual savings realized.
Performance of emergency response functions at chemical
weapons storage installations (sec. 355)
The Senate amendment contained a provision (sec. 364) that would
prohibit the Secretary of the Army from converting to contractor
performance the emergency response functions of any chemical weapons
storage installation currently performed by U.S. Government employees
until the Secretary provides a certification to the Committees on Armed
Services of the Senate and the House of Representatives.
The House bill contained no similar provision.
The House recedes with an amendment that reiterates the
responsibility of the Secretary to enforce section 2465 of title 10,
United States Code.
Suspension of reorganization or relocation of Naval Audit
Service (sec. 356)
The Senate amendment contained a provision (sec. 367) that would
require the Secretary of the Navy to provide the congressional defense
committees a report outlining the plans and justification for the
reorganization of the Naval Audit service 60 days before consolidating
the functions of the service currently performed at its primary East and
West Coast locations to Washington, DC.
The House bill contained no similar provision.
The report accompanying H.R. 4205 (House Report 106 616) directed
the Secretary to wait 180 days before consolidating all activities in
Washington.
The House recedes with an amendment that would require the Secretary
to wait 180 days before proceeding with the consolidation.
SUBTITLE F--DEFENSE DEPENDENTS EDUCATION
Eligibility of dependents of American Red Cross employees for
enrollment in Department of Defense domestic dependent schools in Puerto
Rico (sec. 361)
The House bill contained a provision (sec. 342) that would authorize
the Secretary of Defense to permit the dependents of certain American
Red Cross employees in Puerto Rico to enroll in Department of Defense
Domestic Dependent Schools.
The Senate amendment contained a similar provision (sec. 1053).
The Senate recedes with a clarifying amendment.
Assistance to local educational agencies that benefit
dependents of members of the armed forces and Department of Defense
civilian employees (sec. 362)
The House bill contained a provision (sec. 341) that would authorize
$35.0 million for educational assistance to local educational 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.
The Senate amendment contained no similar provision.
The Senate recedes.
Impact aid for children with severe disabilities (sec. 363)
The Senate amendment contained a provision (sec. 311) that would
authorize $20.0 million in Operation and Maintenance, Defense-wide
activities for impact aid payments for children with disabilities under
section 8003(d) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(d)).
The House bill contained no similar provision.
The House recedes with an amendment that would, effective October 1,
2001, establish a formula under which the Secretary of Defense would
distribute funds, if appropriated for that purpose, for impact aid for
disabled children.
Assistance for maintenance, repair, and renovation of school
facilities that serve dependents of members of the Armed Forces and
Department of Defense civilian employees (sec. 364)
The Senate amendment contained a provision (sec. 379) that would
authorize the Secretary of Defense to make a grant to an eligible local
educational agency to assist the agency in maintenance, repair, and
renovation projects.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
authorization to fiscal year 2001.
SUBTITLE G--MILITARY READINESS ISSUES
Measuring cannibalization of parts, supplies, and equipment
under readiness reporting system (sec. 371)
The House bill contained a provision (sec. 351) that would amend
section 117 of title 10, United States Code, to include equipment
cannibalization rates in the quarterly readiness reports to Congress.
The provision would also require the monthly readiness report to include
a description of the funding proposed in the President's budget request
to address each deficiency in readiness identified during the joint
readiness review conducted for the first quarter of the current fiscal
year.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would amend section 117 of
title 10, United States Code, to include cannibalization rates. The
requirement for the Secretary of Defense to outline the funding proposed
in the President's budget request to address each deficiency in
readiness identified during the joint readiness review is addressed
elsewhere in this conference agreement.
Reporting requirements regarding transfers from high-priority
readiness appropriations (sec. 372)
The House bill contained a provision (sec. 352) that would include
Combat Enhancement Forces and Combat Communications as high priority
appropriations to be included in reports required by section 483 of
title 10, United States Code, and require that other appropriations
involved in transfers to, or transfers from, high priority accounts be
identified in those same reports. The provision would also strike the
termination date for this report.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Effects of worldwide contingency operations on readiness of
military aircraft and equipment (sec. 373)
The Senate amendment contained a provision (sec. 361) that would
require the Secretary of Defense to submit a report to Congress on the
effects of worldwide contingency operations on the aircraft of the Navy,
Marine Corps, and Air Force, and the ground equipment of the Army and
Marine Corps. The report shall include the assessment of the Secretary
of the effects of such operations on the ability of the Department of
Defense to maintain a high level of readiness.
The House bill contained no similar provision.
The House recedes with an amendment that would include the effect
that contingency operations are having on the readiness of the aircraft
and the ground equipment of each of the military services.
Identification of requirements to reduce backlog in
maintenance and repair of defense facilities (sec. 374)
The House bill contained a provision (sec. 353) that would require
the Secretary of Defense to develop and annually update a strategic plan
for the reduction of the backlog in real property maintenance.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to identify the funds necessary to reduce the backlog of real
property maintenance and report that requirement to the Congress.
New methodology for preparing budget requests to satisfy Army
readiness requirements (sec. 375)
The Senate amendment contained a provision (sec. 362) that would
require the Secretary of the Army to develop a new methodology to be
used in preparing a budget request that more accurately reflects the
Army's requirements. This methodology should be based on the level of
training required to maintain essential readiness, the cost of
conducting such training, and the cost of all other Army operations,
including the cost of meeting its infrastructure requirements. This
methodology should be used in the preparation of the fiscal year 2002
budget request.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Review of AH 64 aircraft program (sec. 376)
The Senate amendment contained a provision (sec. 378) that would
require the Comptroller General to conduct a study of the Army's AH 64
aircraft program to determine if the readiness of the program is
adversely affected by lack of funding for modern parts, upgrades, and
technical support.
The House bill contained no similar provision.
The House recedes.
Report on Air Force spare and repair parts program for C 5 (sec. 377)
The Senate amendment contained a provision (sec. 1027) that would
require the Secretary of the Air Force to submit a report to the
congressional defense committees on the overall status of the spare and
repair parts program of the Air Force for the C 5 aircraft.
The House amendment contained no similar provision.
The House recedes.
SUBTITLE H--OTHER MATTERS
Annual report on public sale of certain military equipment
identified on United States Munitions List (sec. 381)
The House bill contained a provision (sec. 362) that would require
the Secretary of Defense to provide an annual report to the Committees
on Armed Services of the Senate and the House of Representatives
identifying each public sale conducted by a military department or
defense agency of military items that are identified on the United
States Munitions List 22 C.F.R. 121.1, and assigned a demilitarization
code of B or its equivalent.
The Senate amendment contained no similar provision.
The Senate recedes.
Resale of armor-piercing ammunition disposed of by the Army (sec. 382)
The Senate amendment contained a provision (sec. 370) that would
require the Secretary of the Army to ensure that excess armor-piercing
ammunition that is not transferred to law enforcement or other
governmental agencies or made available for foreign military sales, is
not sold to the public. The requirement would not apply to the
non-armor-piercing components of that ammunition, but such components
could not be used to produce armor-piercing ammunition for sale to
civilian purchasers.
The House had no similar provision.
The House recedes.
Reimbursement by civil air carriers for support provided at
Johnston Atoll (sec. 383)
The Senate amendment contained a provision (sec. 373) that would
authorize the Secretary of the Air Force to require reimbursement by a
civil air carrier for support provided by the United States to that
carrier at Johnston Atoll that is either requested by the carrier, or
determined to be necessary to accommodate the carrier's use of Johnston
Atoll. The reimbursement shall be equal to the actual costs incurred by
the United States, and shall be credited to either Air Force operation
and maintenance accounts or to the Army chemical demilitarization
accounts.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Travel by Reserves on military aircraft (sec. 384)
The Senate amendment contained a provision (sec. 692) that would
authorize reservists traveling to a place of annual training or inactive
duty training to travel space-required on military aircraft between the
member's home and the place of such duty or training, and would make
reservists eligible for
space-available travel on military aircraft for travel outside
the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify that the
space-required travel in conjunction with training or reserve duty is
both to and from their home, and that would not permit reservists to use
space-available travel on military aircraft.
Overseas airlift service on Civil Reserve Air Fleet aircraft (sec. 385)
The Senate amendment contained a provision (sec. 376) that would
amend section 41106 of title 49, United States Code, to require that the
Department of Defense (DOD) procure transportation from air carriers
with aircraft in the Civil Reserve Air Fleet for travel from a place in
the United States to a place outside the United States, and to the
extent practicable, between two locations outside the United States.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Additions to plan for ensuring visibility over all in-transit
end items and secondary items (sec. 386)
The Senate amendment contained a provision (sec. 363) that would
amend section 349 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105 261) by including specific
requirements for monitoring and measuring implementation of the plan to
ensure visibility over in-transit inventory items. The requirements
would include the assignment of oversight responsibility for each action
required to address weaknesses in the controls over in-transit items, a
description of the resources required for oversight, and an estimate of
the annual cost of oversight.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Reauthorization of pilot program for acceptance and use of
landing fees charged for use of domestic military airfields by civil
aircraft (sec. 387)
The Senate amendment contained a provision (sec. 372) that would
extend through fiscal year 2010 the authority of the service secretary
concerned to accept payments for the use of domestic military and shared
use airfields by civil aircraft and to use those payments for the
operation and maintenance of the airfield.
The House bill contained no similar provision.
The House recedes.
Extension of authority to sell certain aircraft for use in
wildfire suppression (sec. 388)
The Senate amendment contained a provision (sec. 375) that would
extend through fiscal year 2005 the authority of the Secretary of
Defense to sell excess aircraft and spare parts to persons or entities
that contract with the Federal Government for the delivery of fire
retardant by air in order to suppress wildfires.
The House bill contained no similar provision.
The House recedes.
Damage to aviation facilities caused by alkali silica
reactivity (sec. 389)
The Senate amendment contained a provision (sec. 371) that would
require the Secretary of Defense to test the use of lithium salts to
preserve runway integrity and provide the congressional defense
committees with a report outlining its success in mitigating the impact
of alkali silica reactivity (ASR).
The House bill contained no similar provision.
The House recedes with an amendment that would require a pilot
program to review the problems of ASR at environmentally diverse
facilities of the military services.
Demonstration project to increase reserve component internet
access and services in rural communities (sec. 390)
The Senate amendment contained a provision (sec. 314) that would
authorize a demonstration project for the National Guard to provide
internet access to government offices in rural areas.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
National Guard to provide internet access to Guard and other military
reserve offices in rural areas. The provision would also require the
Secretary of the Army to provide the congressional defense committees
with a report and recommendations regarding the expansion of this
demonstration project to other offices.
Additional conditions on implementation of Defense Joint
Accounting System (sec. 391)
The Senate amendment contained a provision (sec. 380) that would
postpone the milestone III decision to field the Defense Joint
Accounting System (DJAS) until the Secretary of Defense conducts an
analysis of the requirement for the DJAS and certifies to Congress that
this warrants deployment.
The House bill amendment contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to outline more specifically the need for the System.
The conferees note that this provision would supercede the direction
provided by House report accompanying H.R. 4204 (H. Rept. 106 616).
Report on Defense Travel System (sec. 392)
The Senate amendment contained a provision (sec. 377) that would
require the Secretary of Defense to submit a report on the development,
fielding, schedule, and potential cost savings expected to result from
the deployment of the Defense Travel System.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the limitation
on the use of funds for this system. The conferees direct the Secretary
of Defense to submit a prior notification reprogramming to the
congressional defense committees before the transfer of any funds for
this program.
Review of Department of Defense costs of maintaining
historical properties (sec. 393)
The Senate amendment contained a provision (sec. 374) that would
require the Comptroller General to conduct a review of the annual costs
incurred by the Department of Defense in complying with the requirements
of the National Historic Preservation Act (NHPA) (16 U.S.C. 470 et
seq.). The provision would require the Comptroller General to provide
the congressional defense committees with a report of the results of the
review, including the projected costs of maintaining these properties
over the next 10 years, an analysis of maintaining only those properties
which originally qualified as historic properties when the NHPA was
first enacted, the accounts used for paying the costs to comply with the
NHPA, and the identity of all properties that must be maintained in
order to comply with the NHPA.
The House bill contained no similar provision
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Authority to ensure demilitarization of significant military
equipment formerly owned by the Department of Defense
The House bill contained a provision (sec. 361) that would authorize
the Secretary of Defense to require the owner of significant military
equipment formerly owned by the Department of Defense to demilitarize
that equipment or return it to the Department of Defense for
demilitarization.
The Senate amendment had no similar provision.
The House recedes.
The conferees note that although the provision intended to address
congressional concerns regarding the release of un-demilitarized
military equipment to the public by the Department of Defense, the
provision could have serious unintended consequences for legitimate
owners of former military equipment, such as museums and ceremonial
display organizations. The conferees direct the Secretary of Defense to
reassess its approach for the recovery of un-demilitarized military
equipment in a way that will not affect legitimate owners of former
military equipment.
Close-in weapon system overhauls
The Senate amendment contained a provision (sec. 319) that would
provide $391.8 million for weapons maintenance including $10.0 million
for close-in weapon system overhauls.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $10.0 million in the operation and
maintenance account of the Navy for overhauls of the close-in weapon
system.
Industrial mobilization capacity at government-owned,
government-operated army ammunition facilities and arsenals
The Senate amendment contained a provision (sec. 318) that would
provide $51.28 million to fund the cost of maintaining the industrial
mobilization capacity at Army ammunition facilities and arsenals.
The House bill contained no similar provision.
The Senate recedes.
Investment of commissary trust revolving fund
The Senate amendment contained a provision (sec. 368) that would
authorize the Secretary of Defense to invest a portion of the Commissary
Trust Revolving Fund in public debt securities.
The House bill contained no similar provision.
The Senate recedes.
MK 45 overhaul
The Senate amendment contained a provision (sec. 317) that would
authorize the expenditure of $12.0 million for the overhaul of MK 45
five inch guns.
The House bill had no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $12.0 million for the overhaul of
these guns in the Navy's operation and maintenance account.
Mounted urban combat training site, Fort Knox
The Senate amendment contained a provision (sec. 316) that would
authorize the expenditure of $4.0 million for training
range upgrades at the mounted urban combat training site, Fort
Knox, Kentucky.
The House bill had no similar provision.
The Senate recedes.
National Guard assistance for certain youth and charitable organizations
The House bill contained a provision (sec. 365) that would amend
section 508 of title 32, United States Code, to include other youth or
charitable organizations designated by the Secretary of Defense among
those organizations eligible to receive assistance from the National
Guard.
The Senate amendment contained no similar provision.
The House recedes.
Notice of use of radio frequency spectrum by a system
entering engineering and manufacturing development
The Senate bill contained a provision (sec. 365) that would require
the Secretary of Defense to submit a report to the congressional defense
committees before a new weapon system is acquired that would outline the
frequency that the system will use. The report would also include a
statement of whether the Department is designated as the primary user of
that frequency and, if not, the unique technical characteristics that
make it necessary to use that particular frequency, and a description of
the protections that the Department of Defense has been given to ensure
that it will not incur costs as a result of current or future
interference from other users of that particular frequency.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are concerned that in the past the Department of
Defense has pursued the development of weapons systems utilizing
portions of the radio frequency spectrum that are not designated for
military use. This can lead to unintended interference between that
system and a commercial system licensed to use the same frequency. This
interference could then result in operational constraints, or expensive
redesign of the weapon system.
The conferees note that the Department of Defense is implementing
new procedures that are designed to ensure adequate coordination of the
military services' efforts to develop new systems so that past problems
with frequency interference do not take place. The conferees direct the
Comptroller General to review these procedures and their implementation
and provide the Armed Services Committees of the Senate and the House of
Representatives with a report outlining the extent to which they will
prevent interference that would result in operational constraints or
expensive redesigns.
Revision of authority to waive limitation on performance of
depot-level maintenance
The Senate bill contained a provision (sec. 334) that would amend
section 2466 of title 10, United States Code, to require the President
of the United States, rather than the secretary of the respective
military department, to waive the 50 percent depot maintenance
requirement for reasons of national security.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are concerned that the Secretary of the Air Force has
not taken the actions necessary to ensure the Air Force complies with
the requirement contained in section 2466 of title 10, United States
Code, that 50 percent of all depot maintenance funds of a military
department be spent on depot maintenance services provided by employees
of the Federal Government. The conferees believe that this requirement
is essential to maintain the core maintenance capability necessary to
preserve a ready and controlled source of repair and maintenance.
Spectrum data base upgrades
The Senate amendment contained a provision (sec. 320) that would
provide a decrease of $10.0 million for spectrum data base upgrades.
The House bill contained no similar provision.
The Senate recedes.
Use of humanitarian and civic assistance funding for pay and
allowances of special operations command reserves furnishing demining
training and related assistance as humanitarian assistance
The Senate bill contained a provision (sec. 322) that would
authorize pay and allowances from within funds for the overseas
humanitarian, disaster, and civic assistance account, for reserve
members of the Special Operations Command when these reservists perform
humanitarian demining activities.
The House amendment contained no similar provision.
The Senate recedes.
Weatherproofing of facilities at Keesler Air Force Base
The Senate amendment contained a provision (sec. 313) that would
authorize the expenditure of $2.8 million for the weatherproofing of
facilities at Keesler Air Force Base.
The House bill contained no similar provision.
The Senate recedes on the provision.
The conferees agree to authorize $2.8 million in the Air Force
operation and maintenance account for the weatherproofing of these
facilities.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
ITEMS OF SPECIAL INTEREST
Funding for Army Reserve Individual Mobilization Augmentees
The conferees are aware that projected fiscal year 2001 funding
shortfalls within the Army Reserve have required that limitations be
placed on the number of days that Individual Mobilization Augmentees
(IMA) may serve on active duty. The conferees are also aware that many
Army Reserve IMAs serve extended training tours in active component
staffs and units, and that the imposed limits will significantly reduce,
in some cases by as much half, the amount of support that IMAs may
provide to the active Army. Believing that IMAs provide significant,
critical support to the active Army, the conferees strongly urge the
Secretary of the Army to address the funding shortfall expeditiously,
either by transferring active military personnel funding to reserve
personnel accounts, or by other means the Secretary considers
appropriate.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--ACTIVE FORCES
End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that would authorize
active duty end strengths for fiscal year 2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army 480,000 480,000 480,000
Navy 372,037 372,000 372,642
Marine Corps 172,518 172,600 172,600
Air Force 360,877 357,000 357,000
The Senate amendment contained a similar provision (sec. 401) that
would authorize active duty end strengths for fiscal year 2001, as shown
below:
2000 authorization 2001 request 2001 recommendation
Army 480,000 480,000 480,000
Navy 372,037 372,000 372,000
Marine Corps 172,518 172,600 172,600
Air Force 360,877 357,000 357,000
The Senate recedes.
Revision in permanent end strength minimum levels (sec. 402)
The House bill contained a provision (sec. 402) that would revise
the active duty end strength floors to reflect the end strengths in the
budget request.
The Senate amendment contained no similar provision.
The Senate recedes.
Adjustment to end strength flexibility authority (sec. 403)
The House bill contained a provision (sec. 403) that would authorize
the secretary of a military department to reduce active duty end
strength below the floors when the authorized end strength is equal to
or higher than the minimum end strength level.
The Senate amendment contained no similar provision.
The Senate recedes.
SUBTITLE B--RESERVE FORCES
End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that would authorize
Selected Reserve end strengths for fiscal year 2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 350,000 350,000 350,706
Army Reserve 205,000 205,000 205,300
Navy Reserve 90,288 88,900 88,900
Marine Corps Reserve 39,624 39,500 39,558
Air National Guard of the United States 106,678 108,000 108,000
Air Force Reserve 73,708 74,300 74,358
Coast Guard Reserve 8,000 8,000 8,000
The Senate amendment contained a similar provision (sec. 411) that
would authorize Selected Reserve end strengths for fiscal year 2001, as
shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 350,000 350,000 350,088
Army Reserve 205,000 205,000 205,000
Navy Reserve 90,288 88,900 88,900
Marine Corps Reserve 39,624 39,500 39,558
Air National Guard of the United States 106,678 108,000 108,022
Air Force Reserve 73,708 74,300 74,300
Coast Guard Reserve 8,000 8,000 8,500
The House recedes with an amendment that would authorize Selected
Reserve end strengths for fiscal year 2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 350,000 350,000 350,526
Army Reserve 205,000 205,000 205,300
Navy Reserve 90,288 88,900 88,900
Marine Corps Reserve 39,624 39,500 39,558
Air National Guard of the United States 106,678 108,000 108,022
Air Force Reserve 73,708 74,300 74,358
Coast Guard Reserve 8,000 8,000 8,000
End strengths for Reserves on active duty in support of the
reserves (sec. 412)
The House bill contained a provision (sec. 412) that would authorize
end strengths for reserves on active duty in support of the reserves for
fiscal year 2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 22,430 22,448 23,154
Army Reserve 12,804 12,806 13,106
Navy Reserve 15,010 14,649 14,649
Marine Corps Reserve 2,272 2,203 2,261
Air National Guard of the United States 11,157 11,148 11,148
Air Force Reserve 1,134 1,278 1,336
The Senate amendment contained a similar provision (sec. 412) that
would authorize end strengths for reserves on active duty in support of
the reserves for fiscal year 2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 22,430 22,448 22,974
Army Reserve 12,804 12,806 12,806
Navy Reserve 15,010 14,649 14,649
Marine Corps Reserve 2,272 2,203 2,261
Air National Guard of the United States 11,157 11,148 11,170
Air Force Reserve 1,134 1,278 1,278
The Senate recedes with an amendment that would authorize end
strengths for reserves on active duty in support of the reserves for
fiscal year 2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 22,430 22,448 22,974
Army Reserve 12,804 12,806 13,106
Navy Reserve 15,010 14,649 14,649
Marine Corps Reserve 2,272 2,203 2,261
Air National Guard of the United States 11,157 11,148 11,170
Air Force Reserve 1,134 1,278 1,336
End strengths for military technicians (dual status) (sec. 413)
The House bill contained a provision (sec. 413) that would authorize
the minimum level of dual status technician end strength for fiscal year
2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 23,125 22,357 23,392
Army Reserve 6,474 5,271 5,921
Air National Guard of the United States 22,247 22,221 22,247
Air Force Reserve 9,785 9,733 9,785
The Senate amendment contained a similar provision (sec. 413) that
would authorize the minimum level of dual status technician end strength
for fiscal year 2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 23,125 22,357 24,728
Army Reserve 6,474 5,271 5,249
Air National Guard of the United States 22,247 22,221 22,221
Air Force Reserve 9,785 9,733 9,733
The House recedes with an amendment that would authorize the minimum
level of dual status technician end strength for fiscal year 2001, as
shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 23,125 22,357 23,128
Army Reserve 6,474 5,271 5,921
Air National Guard of the United States 22,247 22,221 22,247
Air Force Reserve 9,785 9,733 9,785
Fiscal year 2001 limitation on non-dual status technicians (sec. 414)
The Senate amendment contained a provision (sec. 414) that would
establish numerical limits on the number of non-dual status technicians
who may be employed in the Department of Defense as of September 30,
2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 1,180 1,600 1,600
Army Reserve 1,295 1,195 1,195
Air National Guard of the United States 342 326 326
Air Force Reserve 0 0 0
The House bill contained no similar amendment.
The House recedes with an amendment that would establish numerical
limits on the number of non-dual status technicians who may be employed
in the Department of Defense as of September 30, 2001, as shown below:
2000 authorization 2001 request 2001 recommendation
Army National Guard of the United States 1,180 1,600 1,600
Army Reserve 1,295 1,195 1,195
Air National Guard of the United States 342 326 326
Air Force Reserve 0 0 10
Increase in numbers of members in certain grades authorized
to be on active duty in support of the Reserves (sec. 415)
The House bill contained a provision (sec. 414) that would increase
the control grades for reserves serving on active duty or on full-time
national guard duty in support of the reserves. The provision would
authorize 20 additional colonels, 82 additional lieutenant colonels, 38
additional majors, 97 additional E 9s and 90 additional E 8s in the Air
Force and 76 additional colonels, 219 additional lieutenant colonels,
178 additional majors, 221 additional E 9s and 373 additional E 8s in
the Army.
The Senate amendment contained a similar provision (sec. 415) that
would authorize 20 additional colonels, 131 additional lieutenant
colonels, 107 additional majors, 96 additional E 9s and 61 additional E
8s in the Air Force and 73 additional colonels, 163 additional
lieutenant colonels, 8 additional majors, 17 additional E 9s and 83
additional E 8s in the Army.
The House recedes with an amendment that would authorize 20
additional colonels, 75 additional lieutenant colonels, 88 additional
majors, 97 additional E 9s, and 76 additional E 8s in the Air Force and
58 additional colonels, 148 additional lieutenant colonels, 89
additional majors, 119 additional E 9s and 228 additional E 8s in the
Army.
The conferees are concerned with the piecemeal manner in which the
reserve components are requesting increases to the control grade limits.
This is the third consecutive year in which control grade tables for
reserve officers on active duty in support of the reserves have been
adjusted. The conferees strongly support the initiative in the House
report accompanying H.R. 4205, (H. Rept. 106 616) to require a
comprehensive approach to determining the appropriate control grade
limits for each of the reserve components. Therefore, the conferees
direct the Secretary of Defense to study the requirements and force
structure of the reserves on active duty in support of the reserves and
to recommend a permanent solution for managing grade structure for these
officers. In conducting the study, the Secretary of Defense shall
include the following areas:
(1) the grade structure authorized for the active duty forces and
rationale for why the grade structure for reserves on active duty in
support of the reserves should be different;
(2) explain any differences between required force structure and
authorized force structure for the controlled grades;
(3) the need for independent grade limits for each reserve component;
(4) the potential for repealing the current grade tables in favor of
a system that would manage grades based on the grade authorized for the
position occupied by a service member; and
(5) the current mix within each reserve component of traditional
reservists, dual status technicians, active component service members
and reservists on active duty in support of the reserves in each
controlled grade and how that mix for each component might change over
time under the Secretary's recommended solution.
The conferees direct that the Secretary of Defense submit a report
of findings and recommendations to the Committees on Armed Services of
the Senate and the House of Representatives not later than March 31,
2001.
SUBTITLE C--OTHER MATTERS RELATING TO PERSONNEL STRENGTHS
Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national emergency (sec.
421)
The House bill contained a provision (sec. 501) that would authorize
the Secretary of Defense to suspend, in time of war or national
emergency, the limits on the number of personnel serving in certain
grades.
Senate amendment contained a similar provision (sec. 421).
Senate recedes with a clarifying amendment.
Exclusion from active component end strengths of certain
reserve component members on active duty in support of the combatant
commands (sec. 422)
The Senate amendment contained a provision (sec. 422) that would
exempt a number, limited to not more than two-tenths of one percent of
the active duty end strength of the service concerned, of reserve
component members on active duty performing special work in support of
the armed forces and the combatant commands from counting against the
active component end strengths.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the exemption
to reserve component personnel below the grade of brigadier general, or
in the case of the Navy, rear admiral (lower half) who perform active
duty for special work in the combatant commands and would limit the
active duty time that could be exempted to not more than 270 days.
Exclusion of Army and Air Force medical and dental officers
from limitation on strengths of reserve comissioned officers in grades
below brigadier general (sec. 423)
The House bill contained a provision (sec. 512) that would exempt
medical and dental officers from the calculation of the number of
officers in each grade authorized to serve in an active status in a
reserve component and would make the procedures for calculating the
number of officers serving in controlled grades for the reserve
components consistent with the procedures used for the active component.
The Senate amendment contained a similar provision (sec. 423).
The Senate recedes with a clarifying amendment.
Authority for temporary increases in number of reserve
component personnel serving on active duty or full-time national guard
duty in certain grades (sec. 424)
The House bill contained a provision (sec. 515) that would authorize
the Secretary of Defense to increase the number of reserve members
serving on active duty in support of the reserves in certain senior
grades by the same percentage the Secretary is authorized to increase
end strength of that force by section 115 of title 10, United States
Code.
The Senate amendment contained a similar provision (sec. 424).
The House recedes with a clarifying amendment.
SUBTITLE D--AUTHORIZATION OF APPROPRIATIONS
Authorization of appropriations for military personnel (sec. 431)
The House bill contained a provision (sec. 421) that would authorize
$75,801,666,000 to be appropriated to the Department of Defense for
military personnel.
The Senate amendment contained a provision (sec. 431) that would
authorize $75,632,266,000 to be appropriated to the Department of
Defense for military personnel.
The Senate recedes.
The conferees provide the following itemization of the increases and
decreases from the President's budget request related to the military
personnel accounts. These increases and decreases do not include the
additional funds included in the Emergency Supplemental Act, 2000
(division B of Public Law 106 246), which is authorized elsewhere in
this conference agreement.
MILITARY PERSONNEL ACCOUNTS
[Additions in millions]
Conference agreement
ACTIVE END STRENGTH
Navy: 15.0
RC END STRENGTH
Army National Guard: 14.5
Army Reserve Add AGR's (General Increase) 10.0
Air National Guard AGR's (WMD CS Teams) 1.2
Air Force Reserve: 1.7
USMC Reserve Add AR's (58) 1.9
COMPENSATION
Restructuring of basic pay tables for certain enlisted members 88.0
Accelerate Buydown of Out-of-Pocket Housing Costs 25.0
Increase Minimum Dislocation Allowance 6.0
Family subsistence supplemental allowance for low-income members 5.0
Revision of enlistment bonus authority 10.0
Equity in computation of BAH for junior enlisted members 10.0
Authorization of BAH for members w/out dependents on sea duty 30.0
Retention bonus for members qualified in a critical military skill 10.0
Participation in Thrift Savings Plan 1.0
Determinations of income-eligibility for special supplemental food program 3.0
Special duty assignment pay for enlisted members 25.0
Entitlement of Reserves not on active duty to special duty assignment pay 8.0
Authorization of special pay and accession bonus for pharmacy officers 4.0
Separation pay for twice passed-over officers 15.0
Reimburse Pet Quarantine Fees 1.0
RETIREMENT
Increase maximum number of reserve retirement points 4.0
Recruiting & Retention
Army Enlistment/Reenlistment Bonuses 20.0
Army Reserve College First 5.0
Navy Enlistment/Reenlistment Bonuses 20.0
USMC: 2.0
Air Force: 29.0
AF Reserve AGR Pilot Retention Bonus 3.8
OTHER ISSUES
Army Reserve Funeral Honors 2.7
Naval Reserve: 2.4
USMC Reserve Active Duty for Special Work 3.0
-----------------------
Total Increases to Military Personnel Accounts 416.4
MILITARY PERSONNEL ACCOUNTS
[Reductions in millions]
Conference agreement
End Strength Underexecution: 68.8
Unemployment Compensation: 2.1
Permanent Change of Station: 2.0
Other: 8.7
Foreign Currency Fluctuation: 117.0
-----------------------
Total Reductions Military Personnel 416.4
LEGISLATIVE PROVISIONS NOT ADOPTED
Temporary exemption of Director of the National Security
Agency from limitations on number of Air Force officers above major
general
The Senate amendment contained a provision (sec. 425) that would
temporarily exempt the Air Force officer serving as the Director of the
National Security Agency from the limitations on the number of Air Force
officers authorized to serve on active duty in grades above major
general.
The House bill contained no similar amendment.
The Senate recedes.
TITLE V--MILITARY PERSONNEL POLICY
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--OFFICER PERSONNEL POLICY
Eligibility of Army and Air Force reserve colonels and
brigadier generals for position vacancy promotions (sec. 501)
The Senate amendment contained a provision (sec. 501) that would
authorize the Secretary of the Army to use a single selection board to
recommend Army Reserve colonels and brigadier
generals for assignment to vacancy positions and to recommend
colonels and brigadier generals for promotion.
The House bill contained no similar provision.
The House recedes with an amendment that would extend similar
authority to the Secretary of the Air Force.
Flexibility in establishing promotion zones for Coast Guard
Reserve officers (sec. 502)
The Senate amendment contained a provision (sec. 502) that would
authorize the Secretary of Transportation the same flexibility as
secretaries of the military departments to establish promotion zones for
the reserve officers based on service need.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Time for release of reports of officer promotion selection
boards (sec. 503)
The Senate amendment contained a provision (sec. 503) that would
authorize the Secretary of Defense to make public the names of officers
recommended for promotion by a selection board prior to approval of the
recommendation of the board by the President.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Clarification of requirements for composition of active-duty
list selection boards when reserve officers are under consideration
(sec. 504)
The House bill contained a provision (sec. 505) that would amend
section 612 of title 10, United States Code, to specify that reserve
officers serving on active duty may be appointed to serve on promotion
boards even though they are not on the active-duty list.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority to issue posthumous commissions in case of members
dying before official recommendation for appointment or promotion is
approved by Secretary concerned (sec. 505)
The House bill contained a provision (sec. 502) that would clarify
that the secretary concerned may confer posthumous commissions in cases
where military members die prior to approval of an official
recommendation for appointment or promotion.
The Senate amendment contained a similar provision (sec. 504).
The Senate recedes.
Technical corrections relating to retired grade rule for Army
and Air Force officers (sec. 506)
The House bill contained a provision (sec. 503) that would eliminate
conflicting provisions regarding the time-in-grade requirement to retire
at the current grade held by a reserve component officer.
The Senate amendment contained a similar provision (sec. 509).
The House recedes.
Grade of chiefs of reserve components and directors of
National Guard components (sec. 507)
The Senate amendment contained a provision (sec. 510) that would
require the secretaries of the military departments to, within 90 days
of enactment of this Act, increase the grade of the Chief of Army
Reserve, Chief of Naval Reserve, Chief of Air Force Reserve, Director of
Army National Guard and Director of Air National Guard to lieutenant
general or, in the case of the Navy, vice admiral.
The House bill contained no similar provision.
The House recedes with an amendment that would include the
Commander, Marine Forces Reserve, would retain the requirements in
current law that the reserve component chiefs be joint qualified while
extending the time period in which the Secretary of Defense may waive
the joint qualification requirement by one year through fiscal year
2003, would require the reserve component chief to be appointed to a
three-star grade within 12 months of enactment, and would amend section
525b, title 10, United States Code, to increase the current limit on the
number of officers that may serve on active duty in grades above major
general or, in the case of the Navy, rear admiral, while maintaining the
limit on the number of general and flag officers.
Revision to rules for entitlement to separation pay for
regular and reserve officers (sec. 508)
The House bill contained a provision (sec. 517) that would clarify
that the separation of a reserve officer on active duty who was not
selected for promotion twice to the same grade and who subsequently
declines selective continuation shall be considered subject to
involuntary separation and eligible for separation pay.
The Senate amendment contained a provision (sec. 573) that would
make an officer who has twice failed selection for promotion to the next
higher grade and who was offered the opportunity to continue on active
duty, and who declines this offer, ineligible to receive involuntary
separation pay.
The Senate recedes with an amendment that would make any officer who
twice fails selection for promotion to the next higher grade, and is
offered the opportunity to continue on
active duty until the earliest point of eligibility for
retirement and declines this offer ineligible to receive separation pay.
Any officer who twice fails selection for promotion to the next higher
grade, is offered selective continuation for a period that would not
permit him to serve until eligible for retirement, and subsequently
declines this offer would be eligible for separation pay.
SUBTITLE B--RESERVE COMPONENT PERSONNEL POLICY
Exemption from active-duty list for reserve officers on
active duty for a period of three years or less (sec. 521)
The House bill contained a provision (sec. 511) that would exclude
certain reserve component officers serving on active duty for periods of
three years or less from the active duty list for promotion purposes.
The Senate amendment contained a similar provision (sec. 505).
The Senate recedes.
Termination of application requirement for consideration of
officers for continuation on the reserve active-status list (sec. 522)
The House bill contained a provision (sec. 513) that would terminate
the requirement that a reserve officer apply for continuation on the
reserve active-status list.
The Senate amendment contained a similar provision (sec. 508).
The House recedes.
Authority to retain Air Force reserve officers in all medical
specialties until specified age (sec. 523)
The House bill contained a provision (sec. 514) that would authorize
the Secretary of the Air Force to extend the service of medical service
corps and biomedical sciences officers to age 67.
The Senate amendment contained a similar provision (sec. 507).
The Senate recedes with a clarifying amendment.
Authority for provision of legal services to reserve
component members following release from active duty (sec. 524)
The House bill contained a provision (sec. 516) that would authorize
legal services assistance to reservists, who serve on active duty for
more than 29 days, and their dependents for a period not to exceed twice
the length of time served on active duty.
The Senate amendment contained a similar provision (sec. 695).
The House recedes with a clarifying amendment.
Extension of involuntary civil service retirement date for
certain reserve technicians (sec. 525)
The House bill contained a provision (sec. 518) that would authorize
the secretaries of the military departments to retain certain non-dual
status reserve technicians until age 60.
The Senate amendment contained no similar amendment.
The Senate recedes with a clarifying amendment.
SUBTITLE C--EDUCATION AND TRAINING
Eligibility of children of reserves for presidential
appointment to service academies (sec. 531)
The Senate amendment contained a provision (sec. 541) that would
make the children of members of the reserve components and retired or
retirement-eligible reservists eligible for presidential appointments to
the service academies on the same basis as children of active duty or
retired active duty personnel.
The House bill contained no similar provision.
The House recedes.
Selection of foreign students to receive instruction at
service academies (sec. 532)
The Senate amendment contained a provision (sec. 542) that would
require the secretaries of the military departments to give priority
consideration among foreign students applying for admission to the
service academies to those who have a national service obligation upon
graduation from the academy.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Revision of college tuition assistance program for members of
Marine Corps Platoon Leaders Class program (sec. 533)
The House bill contained a provision (sec. 521) that would authorize
the use of the Marine Corps Platoon Leaders Class tuition assistance
program for the purpose of providing educational assistance, to include
legal training to commissioned officers participating in the Platoon
Leaders Class program.
The Senate amendment contained a provision (sec. 544) that would
authorize members of the Marine Corps Platoon Leaders Class to continue
to receive tuition assistance while in pursuit of an undergraduate
degree. The Senate amendment also contained a related provision (sec.
604) that would clarify that the limitation on credible service
computation as a result of accepting tuition assistance applies only to
service as an enlisted member and not as a commissioned officer.
The House recedes with an amendment that would combine the three
provisions.
Review of allocation of Junior Reserve Officers Training
Corps units among the services (sec. 534)
The House bill contained a provision (sec. 522) that would require
the Secretary of Defense to review and redistribute the current service
Junior Reserve Officers Training Corps allocations for fiscal years 2001
through 2006 to ensure the most efficient and effective allocation of
the 3,500 authorized programs.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority for Naval Postgraduate School to enroll certain
defense industry civilians in specified programs relating to defense
product development (sec. 535)
The House bill contained a provision (sec. 523) that would authorize
the Secretary of the Navy to enroll up to ten defense-industry civilians
at any one time at the Naval Postgraduate School in a defense product
development curriculum leading to the award of a masters degree.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
SUBTITLE D--DECORATIONS, AWARDS, AND COMMENDATIONS
Limitation on award of Bronze Star to members in receipt of
Imminent Danger Pay (sec. 541)
The conference agreement includes a provision that would limit the
award of the Bronze Star Medal to members of the armed forces who are
eligible to receive Imminent Danger Pay at the time of the events for
which the medal is awarded.
Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members of the armed
forces and other qualified persons (sec. 542)
The House bill contained a provision (sec. 533) that would authorize
members of Congress to request that the secretary of a military
department review a proposal for posthumous or honorary promotion, or
appointment of a member or former member of the armed forces or other
person. The secretary of the military department would review the
request on the merits and provide the Committees on Armed Services of
the Senate and the House of Representatives and the member of Congress
who initiated the request written notice of one of the following
determinations:
(1) the request for appointment or promotion does not warrant
approval;
(2) the request for appointment or promotion warrants approval on
the merits and authorization in law is required and recommended;
(3) the request for appointment or promotion warrants approval on
the merits and has been recommended to the President as an exception to
policy; and
(4) the request for appointment or promotion warrants approval on
the merits and authorization in law is required, but not recommended.
The Senate amendment contained no similar provision.
The Senate recedes.
Waiver of time limitations for award of certain decorations
to certain persons (sec. 543)
The House bill contained a provision (sec. 534) that would waive the
statutory time limitations for the award of the Distinguished Flying
Cross to individuals recommended by the secretaries of the military
departments.
The Senate amendment contained a similar provision (sec. 572).
The House recedes.
Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S. Arizona who died
in the Japanese attack on Pearl Harbor on December 7, 1941 (sec. 544)
The House bill contained a provision (sec. 535) that would require
the Secretary of the Army, based on a review of existing information
related to the interment of unknown casualties from the U.S.S. Arizona,
to provide the Secretary of Veterans Affairs with information to be
added to the inscriptions on the grave markers of those unknowns who are
interred at the National Memorial Cemetery of the Pacific in Honolulu,
Hawaii.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress on the court-martial conviction of Captain
Charles Butler McVay, commander of the U.S.S. Indianapolis, and on the
courageous service of the crew of that vessel (sec. 545)
The House bill contained a provision (sec. 536) that would express
the sense of Congress that the commander of the U.S.S. Indianapolis,
(then Captain) Charles Butler McVay, III, was not culpable for the
sinking of his ship and that the President should award the Presidential
Unit Citation to the final crew of the U.S.S. Indianapolis for courage
and fortitude after the torpedo attack.
The Senate amendment contained a provision (sec. 575) that would
express the sense of Congress that, on the basis of facts presented in a
public hearing conducted by the Committee on Armed
Services of the Senate on September 14, 1999, the American
people should now recognize Captain McVay's lack of culpability for the
loss of the U.S.S. Indianapolis and the lives of the men who died as a
result of the sinking; that Captain McVay's military record now reflect
that he is exonerated for the loss of his ship and crew; and that
Congress strongly encourages the Secretary of the Navy to award a Navy
Unit Commendation to the U.S.S. Indianapolis and its final crew.
The House recedes with a clarifying amendment.
Posthumous advancement on retired list of Rear Admiral
Husband E. Kimmel and Major General Walter C. Short, senior officers in
command in Hawaii on December 7, 1941 (sec. 546)
The House bill contained a provision (sec. 537) that would request
the President to advance Rear Admiral (Retired) Husband E. Kimmel, U.S.
Navy, to admiral and Major General (Retired) Walter C. Short, U.S. Army,
to lieutenant general on the retired list with no increase in
compensation or benefits. The provision would also express the sense of
Congress that both officers were professional and competent and the
losses incurred during the attack on Pearl Harbor were not the result of
dereliction in the performance of duties in the case of either officer.
The Senate amendment contained a similar provision (sec. 576).
The Senate recedes with a clarifying amendment.
Commendation of citizens of Remy, France, for World War II
actions (sec. 547)
The House bill contained a provision (sec. 538) that would commend
the bravery and honor of the citizens of Remy, France, for their action
to bury Lieutenant Houston Braly, 364th Fighter Group, during World War
II. The provision would also recognize the efforts of the surviving
members of the 364th Fighter Group to raise funds to restore the stained
glass windows of Remy's 13th century church that were destroyed during
World War II.
The Senate amendment contained no similar provision.
The Senate recedes.
Authority for award of the medal of honor to William H.
Pitsenbarger for valor during the Vietnam War (sec. 548)
The conferees included a provision that would waive the statutory
time limits and authorize the President to posthumously award the Medal
of Honor to William H. Pitsenbarger of Piqua, Ohio, for valor during the
Vietnam War.
SUBTITLE E--MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS
Recognition by states of military testamentary instruments (sec. 551)
The House bill contained a provision (sec. 541) that would amend
chapter 53 of title 10, United States Code, to exempt a military
testamentary instrument from any requirement of form, formality, or
recording before probate under the laws of a state, and would provide
that such an instrument has the same legal effect as a testamentary
instrument prepared and executed in accordance with the laws of the
state in which it is presented for probate. The provision would define
``military testamentary instrument'' and would establish requirements
for the execution of such an instrument.
The Senate amendment contained an identical provision (sec. 574).
The conference agreement includes this provision.
Policy concerning rights of individuals whose names have been
entered into Department of Defense official criminal investigative
reports (sec. 552)
The House bill contained a provision (sec. 542) that would require
the Department of Defense to apply the ``probable cause'' standard
before ``titling'' or designating a person as a suspect in any official
report or in a central index. The provision would also require the
Secretary of Defense to establish a uniform standard for removal of a
person's name from an official report and any central index if it is
subsequently determined that there is not probable cause to believe that
that person committed the crime.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the Secretary
of Defense to establish policy that creates a uniform process that
affords individuals titled in criminal investigative reports or indexed
in a central index an opportunity to obtain a review of such actions. If
it is determined that an entry was made contrary to Department of
Defense requirements, the name and identifying information of the person
would be expunged from these records.
The conferees direct the Secretary of Defense to: (1) review
policies and procedures addressing the degree of evidence or information
that must exist before titling and indexing occurs, to include the
weight, if any, given to initial allegations; (2) review the sufficiency
of training provided to individuals with access to the Defense Clearance
and Investigative Index (DCII) regarding the significance of criminal
investigative entries in the DCII; (3) review the use of criminal
investigative data in the DCII to determine if it is being used properly
and examine the adequacy of available sanctions for those who improperly
use such information; and (4) provide other pertinent information
discovered in the review process. The Secretary shall submit a report,
with findings and recommendations, to the congressional defense
committees by April 1, 2001.
Limitation on secretarial authority to grant clemency for
military prisoners serving sentence of confinement for life without
eligibility for parole (sec. 553)
The House bill contained a provision (sec. 544) that would amend
Article 74 of the Uniform Code of Military Justice (10 U.S.C. 874) to
prohibit the secretary concerned from remitting or suspending that part
of a court-martial sentence that extended to confinement for life
without eligibility for parole, and would make conforming and clarifying
amendments to other provisions of the Uniform Code.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would limit the authority
of the secretary concerned to remit or suspend such a sentence to
situations in which the person had served at least 20 years confinement.
Such authority could not be redelegated.
Authority for civilian special agents of the military
department criminal investigative organizations to execute warrants and
make arrests (sec. 554)
The House bill contained a provision (sec. 545) that would amend
chapter 373 of title 10, United States Code, to authorize the
secretaries of the military departments to grant the authority to
execute and serve warrants and make arrests to the civilian special
agents of their respective military criminal investigative
organizations, subject to certain guidelines.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Requirement for verbatim record in certain special
court-martial cases (sec. 555)
The Senate amendment contained a provision (sec. 577) that would
amend Article 54 of the Uniform Code of Military Justice (10 U.S.C. 854)
to require that a verbatim record of trial be prepared in each special
court-martial in which the sentence adjudged includes a bad-conduct
discharge, confinement for more than six months, or forfeiture of pay
for more than six months.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Commemoration of the fiftieth anniversary of the Uniform Code
of Military Justice (sec. 556)
The Senate amendment contained a provision (sec. 1051) that would
request the President to issue a proclamation commemorating the fiftieth
anniversary of the Uniform Code of Military Justice, which was enacted
May 5, 1950, and call upon the Department of Defense, the armed forces,
and the United States Court of Appeals for the Armed Forces to
commemorate the occasion in a suitable manner.
The House bill contained no similar provision.
The House recedes.
SUBTITLE F--MATTERS RELATING TO RECRUITING
Army recruiting pilot programs (sec. 561)
The Senate amendment contained a provision (sec. 551) that would
require the Secretary of the Army to conduct three distinct five-year
pilot programs to assess their effectiveness for creating enhanced
opportunities for recruiters and to improve the effectiveness of Army
recruiting programs.
The House bill contained no similar provision.
The House recedes with an amendment that would reduce the scope of
the civilian contract recruiter pilot program and would require
recruiters assigned to vocational schools and community colleges to be
assigned those duties as their primary responsibility.
Enhancement of recruitment market research and advertising
programs (sec. 562)
The Senate amendment contained a provision (sec. 552) that would
direct the Secretary of Defense to take the necessary actions to enhance
joint and service recruiting and advertising programs through an
aggressive market research program, and would waive certain requirements
of the Paperwork Reduction Act to enhance the flexibility of the
Secretary of Defense and the military services to react to changes in
the recruiting market.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Access to secondary schools for military recruiting purposes (sec. 563)
The Senate amendment contained a provision (sec. 553) that would,
effective July 1, 2002, require local educational agencies to provide
military recruiters access to secondary schools on the same basis as
colleges, universities, and private sector employers, unless the
governing body of the local educational agency acts by majority vote to
deny access to military recruiters. The provision would also establish a
process to ensure that secondary schools provide military recruiters
access to the campus, directories, and student lists on the same basis
as that afforded colleges, universities, and private sector employers.
The provision would require the relevant military service to send a
senior official to meet with the local educational agency within 120
days of a military recruiter being denied access. If the secondary
school continues to deny access
to military recruiters the Secretary of Defense shall, within
60 days, communicate with the governor of the state requesting
assistance in restoring access for military recruiters. A copy of this
correspondence shall be provided to the Secretary of Education. If, one
year after the date of the transmittal of the letter from the Secretary
of Defense, the local educational agency continues to deny access to at
least two of the armed forces, the Secretary of Defense shall notify the
Committees on Armed Services of the Senate and the House of
Representatives, and the members of the House of Representatives and the
Senate who represent the district or districts in which the local
educational agency operates.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the definition
of the senior official who shall visit schools that deny access to
include colonels, or in the case of the Navy, Captains, and would make
other technical changes.
Pilot program to enhance military recruiting by improving
military awareness of school counselors and educators (sec. 564)
The House bill contained a provision (sec. 555) that would require
the Secretary of Defense to conduct a three-year pilot program to
improve communications with student counselors and educators by
providing funding, assistance, and information to an existing
interactive internet site designed to provide information and services
to employees of local educational agencies and institutions of higher
learning.
The Senate amendment contained no similar provision.
The Senate recedes.
SUBTITLE G--OTHER MATTERS
Extension to end of calendar year of expiration date for
certain force drawdown transition authorities (sec. 571)
The House bill contained a provision (sec. 504) that would extend
the expiration date of the current drawdown transition authorities
through December 31, 2001.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Voluntary separation incentive (sec. 572)
The House bill contained a provision (sec. 506) that would authorize
service members who simultaneously receive retired pay and voluntary
separation incentive pay to terminate their eligibility for the
voluntary separation incentive pay and would permit the retired member
to reimburse the government for the amount of the voluntary separation
incentive pay received without concurrently increasing the amount of the
voluntary separation incentive pay that is owed.
The Senate amendment contained no similar provision.
The Senate recedes.
Congressional review period for assignment of women to duty
on submarines and for any proposed reconfiguration or design of
submarines to accommodate female crew members (sec. 573)
The House bill contained a provision (sec. 507) that would require
the Secretary of Defense to provide Congress written notification and
wait until 120 days of continuous legislative session pass prior to
implementating any policy change affecting the current male-only
assignment policy for submarines and prior to the expenditure of any
funds to reconfigure or design a submarine to accommodate the assignment
of female crew members.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the required
waiting period between notification of Congress and the implementation
of any policy change with regard to the assignment of females to
submarines or expenditure of funds for design or reconfiguration of a
submarine to accommodate females to 30 days in which both the House of
Representatives and the Senate are in session.
Management and per diem requirements for members subject to
lengthy or numerous deployments (sec. 574)
The Senate amendment contained a provision (sec. 578) that would
amend section 586 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65) to change the requirement for an officer
in the grade of general or admiral to approve deployments of personnel
who would be away from home more than 200 of the past 365 days to
require that the designated component commander for the member's armed
force approve deployments of personnel who would be away from home more
than 200 of the past 365 days; to change the point at which the
high-deployment per diem allowance would be paid from 251 days or more
of the preceding 365 days to 501 days or more of the preceding 730 days.
The provision would also require the Secretary of Defense to submit a
report to the Committees on Armed Services of the Senate and the House
of Representatives not later than March 31, 2002, on the administration
of this provision and make recommendations for revision, as the
Secretary deems appropriate.
The House bill contained no similar provision.
The House recedes with an amendment that would change the point at
which the high deployment per diem allowance would be paid from 501 days
or more of the preceding 730 days to 401 days or more of the preceding
730 days.
The conferees strongly support the position of the Department of
Defense that any high deployment per diem payments should be made from
the operations and maintenance accounts. The conferees believe that
deploying service members in excess of 400 days in any 730 day period
cannot be attributable to any factor
other than operational necessity. As such, high deployment per
diem is an operational cost and must be paid from the operations and
maintenance accounts.
Pay in lieu of allowance for funeral honors duty (sec. 575)
The House bill contained a provision (sec. 551) that would authorize
a reserve component member assigned to a funeral honors detail for the
funeral of a veteran to be compensated at the same rate as the member
would be compensated for participating in inactive-duty training.
The Senate amendment contained a similar provision (sec. 603).
The House recedes with a clarifying amendment.
Test of ability of reserve component intelligence units and
personnel to meet current and emerging defense intelligence needs (sec.
576)
The House bill contained a provision (sec. 552) that would require
the Secretary of Defense to conduct a three-year test to determine the
most effective peacetime structure and operational employment of reserve
component intelligence assets for meeting future Department of Defense
peacetime operational intelligence requirements and to establish a means
of coordinating the transition of the peacetime operational support
network into wartime requirements.
The Senate amendment contained no similar provision.
The Senate recedes.
National Guard Challenge Program (sec. 577)
The House bill contained a provision (sec. 553) that would authorize
the head of a federal agency or department to provide funds to the
Secretary of Defense to support the National Guard Challenge Program and
would allow the Secretary of Defense to expend those funds
notwithstanding the $62.5 million limit in defense funding established
by section 509(b) of title 32, United States Code. The provision would
also require the Secretary of Defense to establish regulations for the
Challenge Program.
The Senate amendment contained a provision (sec. 910) that would
transfer oversight responsibility for the National Guard Challenge
Program from the Chief of the National Guard Bureau to the Secretary of
Defense, and would amend the limitation on federal funding for the
National Guard Challenge Program to only Department of Defense funding.
The Senate recedes with an amendment that would combine the two
provisions.
The conferees note that the intent of the transfer of responsibility
for the National Guard Challenge Program to the Secretary of Defense is
to reaffirm the role of the Secretary of Defense to establish policy for
and oversight of the operation of Department of Defense programs. It is
not the intent of the conferees that the National Guard Bureau should
lose its ability to administer this highly successful program. Rather,
the intent is that there be increased oversight and direction by the
Secretary of Defense.
Study of use of civilian contractor pilots for operational
support missions (sec. 578)
The House bill contained a provision (sec. 554) that would require
the Secretary of Defense to study the feasibility and cost of using
civilian contractor personnel as pilots and other aircrew members to fly
government aircraft performing non-combat operational support missions
world-wide.
The Senate amendment contained no similar provision.
The Senate recedes.
Reimbursement for expenses incurred by members in connection
with cancellation of leave on short notice (sec. 579)
The House bill contained a provision (sec. 556) that would authorize
the service secretaries to reimburse members for travel expenses when
leave is canceled within 48 hours of commencing due to mission
requirements of a contingency operation.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Authority for award of the Medal of Honor
The House bill contained a provision (sec. 531) that would waive the
statutory time limitations for the award of the Medal of Honor to Andrew
J. Smith for valor during the Battle of Honey Hill in South Carolina.
The House bill also contained a provision (sec. 532) that would waive
the statutory time limitations for the award of the Medal of Honor to Ed
W. Freeman for valor during the battle of the IaDrang Valley in the
Republic of Vietnam.
The Senate amendment contained a provision (sec. 571) that would
waive the statutory time limits and authorize the President to award the
Medal of Honor to Ed W. Freeman of Idaho for valor during the Vietnam
Conflict; to James K. Okubo of Detroit, Michigan for valor during World
War II; and to Andrew J. Smith of Massachusetts for valor during the
Civil War.
The conferees note that Public Law 106 223, enacted on June 21,
2000, waived the statutory time limits and authorized the President to
award the Medal of Honor to Ed W. Freeman of Idaho for valor during the
Vietnam Conflict; to James K. Okubo of Detroit, Michigan, for valor
during World War II; and to Andrew J. Smith of Massachusetts for valor
during the Civil War. The conferees recede from their respective
provisions.
Collection and use of deoxyribonucleic acid identification
information from violent and sexual offenders in the armed forces
The House bill contained a provision (sec. 543) that would require
the secretaries of the military departments to collect a
deoxyribonucleic acid (DNA) sample from each member of the armed forces
who is, or has been, convicted of a violent or sexual offense. The
provision would further require the Secretary of Defense to analyze each
sample and furnish the results of each analysis to the Federal Bureau of
Investigation (FBI) for use in the Combined DNA Index System.
The Senate amendment contained no similar provision.
The House recedes.
The conferees recognize that the collection and indexing of samples,
as proposed in this provision, has merit, but believe that this matter
would be better addressed by general legislation with government-wide
application.
Contingent exemption from limitation on number of Air Force
officers serving on active duty in grades above major general
The Senate amendment contained a provision (sec. 511) that would
exempt an Air Force officer serving in the grade of Lieutenant General
or General from the limitations on the number of Air Force officers
serving on active duty in grades above major general when either the
Commander-in-Chief, United States Transportation Command, or the
Commander-in-Chief, United States Space Command, is an officer from a
service other than the Air Force.
The House bill contained no similar provision.
The Senate recedes.
Joint Officer Management
The Senate amendment contained provisions (sec. 521 527) that would
streamline the designation and management of joint speciality officers
by simplifying the requirements for designation as a joint speciality
officer, requiring Joint Professional Military Education to be conducted
in residence and by establishing promotion objectives for joint
speciality officers.
The House bill contained no similar provision.
The Senate recedes.
Military Voting Rights Act of 2000
The Senate bill contained provisions (sec. 561 563) that would amend
the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 501)
to preclude a military member from losing a claim to state residency for
the purpose of voting in federal and state elections because of absence
due to military orders, and would also amend the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff) to require each state to
permit absent military voters to use absentee registration procedures
and to vote by absentee ballot in elections for states and local
offices, in addition to federal offices, as provided in current law.
The House amendment contained no similar provision.
The Senate recedes.
Preparation, participation, and conduct of athletic
competitions and small arms competitions by the National Guard and
members of the National Guard
The Senate amendment contained a provision (sec. 580) that would
permit National Guard units and personnel to prepare for, participate
in, and conduct athletic competitions and small arms competitions.
The House bill contained no similar provision.
The Senate recedes.
Repeal of contingent funding increase for Junior Reserve
Officers Training Corps
The Senate amendment contained a provision (sec. 543) that would
repeal the requirement that any amount in excess of $62,500,000
appropriated for the National Guard Challenge Program be made available
for the Junior Reserve Officers Training Corps.
The House bill contained no similar provision.
The Senate recedes.
Review of actions of selection boards
The Senate amendment contained a provision (sec. 506) that would
authorize the secretary concerned to correct a military personnel record
in accordance with a recommendation made by a special board. The remedy
could be restoration to active duty or status, if the person was
separated, retired, or transferred to the retired or inactive reserve as
the result of a recommendation made by a selection board; or the person
could elect to receive back pay and allowances in lieu of restoration.
If a special board did not recommend the correction, the action of the
original selection board would be considered as final. The secretaries
concerned shall prescribe regulations to carry out this provision, which
would be subject to the approval of the Secretary of Defense.
The provision would require exhaustion of a person's administrative
remedies within the military department concerned before the person
could obtain relief in a judicial proceeding. The provision would not
limit the jurisdiction of any federal court to determine the validity of
any statute, regulation, or policy, and also would not limit the
secretaries' authority to correct military records through boards for
the correction of
military records under section 1552 of title 10, United States Code.
The provision would also amend section 628 of title 10, United
States Code, the statute dealing with promotion special selection
boards, to require exhaustion of a person's remedies before a special
selection board before relief could be obtained in a judicial
proceeding.
The House bill contained no similar provision.
The Senate recedes.
The conferees believe that, while such an approach may have merit,
this issue requires further study.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--PAY AND ALLOWANCES
Increase in basic pay for fiscal year 2001 (sec. 601)
The House bill contained a provision (sec. 601) that would waive
section 1009 of title 37, United States Code, and increase the rates of
basic pay for members of the uniformed services by 3.7 percent,
effective January 1, 2001.
The Senate amendment contained a similar provision (sec. 601).
The House recedes.
Additional restructuring of basic pay rates for enlisted
members (sec. 602)
The Senate amendment contained a provision (sec. 610A) that would,
effective October 1, 2000, restructure the basic pay tables for enlisted
members in grades E 5, E 6, and E 7 to increase the basic pay rates for
members in these grades.
The House bill contained no similar provision.
The House recedes with an amendment that would, effective July 1,
2001, restructure the basic pay tables for enlisted members in grades E
5, E 6, and E 7 to increase the basic pay rates for members in these
grades, and would authorize the Secretary of Defense to, on a one-time
basis, adjust the basic pay tables for enlisted members to increase the
rate of basic pay. The Secretary of Defense would be required to submit
a legislative proposal incorporating any adjustments with the fiscal
year 2002 legislative proposals. In the event the Secretary of Defense
elects not to use the one-time authority to adjust the basic pay tables
for other enlisted members, the increases for enlisted members in grades
E 5 through E 7 would be effective July 1, 2001.
Revised method for calculation of basic allowance for
subsistence (sec. 603)
The House bill contained a provision (sec. 602) that would repeal
the basic allowance for subsistence transition program, effective
October 1, 2001, and establish a process for increasing the basic
allowance for subsistence rate in effect by the amount of the increase
in food costs, as determined by the Department of Agriculture.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Family subsistence supplemental allowance for low-income
members of the Armed Forces (sec. 604)
The House bill contained a provision (sec. 603) that would authorize
the Secretary of Defense to establish a five-year program to pay members
determined to be qualified for food stamps using the same gross income
standards used by state officials to determine food stamp eligibility,
except that the value of the member's basic allowance for housing will
be included even if the member resides in government housing, a monthly
amount not to exceed $500 per month, to supplement the basic allowance
for subsistence.
The Senate amendment contained a provision (sec. 610) that would
authorize, for a five-year period, a special subsistence allowance of
$180 per month payable to enlisted personnel in grades E 5 and below who
demonstrate eligibility for food stamps.
The Senate recedes with an amendment that would require the
Secretary of Defense to establish a five-year program to pay members
determined to be qualified for food stamps.
Basic allowance for housing (sec. 605)
The House bill contained a provision (sec. 604) that would repeal
the requirement that service members pay 15 percent of housing costs
out-of-pocket and would authorize the Secretary of Defense to increase
the basic allowance for housing to eliminate out-of-pocket expenses for
service members by fiscal year 2005.
The Senate amendment contained a similar provision (sec. 605). The
Senate amendment also contained a provision (sec. 610B) that would
permit service members who make a low-cost or no-cost permanent change
of station move, while remaining in the same quarters occupied during
their previous assignment, eligible for the higher of the basic
allowance for housing rate from the previous permanent station or the
new permanent station.
The Senate recedes with an amendment that would combine the provisions.
Additional amount available for fiscal year 2001 increase in
basic allowance for housing inside the United States (sec. 606)
The House bill contained a provision (sec. 610) that would increase
the funding available for the basic allowance for housing by $30.0
million in order to reduce the out-of-pocket costs by an additional
one-half of one percent.
The Senate amendment contained no similar provision.
The Senate recedes.
Equitable treatment of junior enlisted members in computation
of basic allowance for housing (sec. 607)
The House bill contained a provision (sec. 605) that would establish
a single housing rate for members in grades E 1 through E 4 with
dependents and would increase the basic allowance for housing rate to
members above the rate previously paid to members in grade E 4.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Eligibility of members in grade E 4 to receive basic
allowance for housing while on sea duty (sec. 608)
The House bill contained a provision (sec. 606) that would,
effective October 1, 2001, authorize the payment of the basic allowance
for housing to members serving in the grade of E 4, without dependents,
who are assigned to sea duty in ships.
The Senate amendment contained a similar provision (sec. 606), that
would be effective upon enactment of this Act.
The House recedes.
Personal money allowance for senior enlisted members of the
armed forces (sec. 609)
The House bill contained a provision (sec. 607) that would authorize
a $2,000 per year personal money allowance to senior enlisted members in
each of the armed forces.
The Senate amendment contained a similar provision (sec. 607).
The Senate recedes.
Increased uniform allowances for officers (sec. 610)
The House bill contained a provision (sec. 608) that would increase
the one-time initial uniform allowance paid to officers from $200 to
$400 and the one-time additional uniform allowance paid to officers from
$100 to $200.
The Senate amendment contained a similar provision (sec. 608).
The House recedes with a clarifying amendment.
Cabinet-level authority to prescribe requirements and
allowance for clothing of enlisted members (sec. 611)
The Senate amendment contained a provision (sec. 609) that would
authorize the Secretary of Defense, and the Secretary of Transportation
with respect to the Coast Guard when it is not operating as a service of
the Navy, to prescribe the clothing to be furnished annually to enlisted
members and to establish the amount of the cash allowance paid when the
prescribed clothing is not provided.
The House bill contained no similar provision.
The House recedes.
Increase in monthly subsistence allowance for members of
precommissioning programs (sec. 612)
The House bill contained a provision (sec. 609) that would,
effective October 1, 2001, increase the minimum stipend paid to senior
Reserve Officers Training Corps (ROTC) cadets to $250 per month, would
establish the maximum monthly stipend as $600 per month, and would
provide the Secretary of Defense the authority to establish a
tiered-stipend system in order to permit the monthly stipend to increase
as the involvement of the cadet in ROTC increases.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would, effective October
1, 2001, establish the pay rates for cadets and midshipmen at the
service academies at 35 percent of the basic pay of an O 1 with less
than two years of service and would increase the maximum monthly ROTC
stipend to $674.
SUBTITLE B--BONUSES AND SPECIAL AND INCENTIVE PAYS
Extension of certain bonuses and special pay authorities for
reserve forces (sec. 621)
The House bill contained a provision (sec. 611) that would extend
the authority for the special pay for health care professionals who
serve in the selected reserve in critically short wartime specialities,
the selected reserve reenlistment bonus, the selected reserve enlistment
bonus, special pay for enlisted members of the selected reserve assigned
to certain high priority units, the selected reserve affiliation bonus,
the ready reserve enlistment and reenlistment bonus, and the prior
service enlistment bonus until December 31, 2001. The provision would
also extend the authority for repayment of educational loans for certain
health care professionals who serve in the selected reserve until
January 1, 2002.
The Senate amendment contained an identical provision (sec. 611).
The conference agreement includes this provision.
Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists
(sec. 622)
The House bill 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 pay for nurse
anesthetists until December 31, 2001.
The Senate amendment contained an identical provision (sec. 612).
The conference agreement includes this provision.
Extension of authorities relating to payment of other bonuses
and special pays (sec. 623)
The House bill contained a provision (sec. 613) that would extend
the authority for the aviation officer retention bonus, reenlistment
bonus for active members, special pay for nuclear qualified officers
extending the period of active service, nuclear career accession bonus,
and the nuclear career annual incentive bonus to December 31, 2001, and
would extend the enlistment bonus for persons with critical skills and
the Army enlistment bonus to September 30, 2001.
The Senate amendment contained a similar provision (sec. 613).
The Senate recedes with an amendment that would remove the
references to the enlistment bonus for persons with critical skills and
the Army enlistment bonus in favor of a consolidated enlistment bonus
addressed elsewhere in this conference agreement.
Revision of enlistment bonus authority (sec. 624)
The House bill contained a provision (sec. 618) that would
consolidate existing bonus authorities and establish a maximum amount of
$20,000 that may be paid to any enlistee.
The Senate amendment contained a similar provision (sec. 621).
The Senate recedes with a clarifying amendment.
Consistency of authorities for special pay for reserve
medical and dental officers (sec. 625)
The House bill contained a provision (sec. 614) that would clarify
that reserve medical and dental officers are paid special pay in a
consistent manner.
The Senate amendment contained similar provision (sec. 614).
The Senate recedes with a clarifying amendment.
Elimination of required congressional notification before
implementation of certain special pay authority (sec. 626)
The House bill contained a provision (sec. 620) that would eliminate
the requirement for the secretary concerned to notify the Congress of
the intent to pay special pay to optometrists and nurse anesthetists.
The Senate amendment contained no similar provision.
The Senate recedes.
Special pay for physician assistants of the Coast Guard (sec. 627)
The House bill contained a provision (sec. 615) that would extend
the authority to pay special pay currently provided to physician
assistants in the military departments to physician assistants in the
Coast Guard.
The Senate amendment contained a similar provision (sec. 615).
The House recedes.
Authorization of special pay and accession bonus for pharmacy
officers (sec. 628)
The Senate amendment contained a provision (sec. 616) that would
authorize the secretary of a military department, or in the case of the
Public Health Service, the Secretary of Health and Human Services, to
pay a special pay and an accession bonus for pharmacy officers.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Correction of references to Air Force veterinarians (sec. 629)
The Senate amendment contained a provision (sec. 617) that would
clarify that the special pay for board certified veterinarians in the
armed forces and the Public Health Service includes Air Force biomedical
sciences officers who hold a degree in veterinary medicine.
The House bill contained no similar provision.
The House recedes.
Career sea pay (sec. 630)
The House bill contained a provision (sec. 617) that would authorize
the secretary of a military department to establish the rates of career
sea pay up to a limit of $750 per month and would increase the maximum
career sea pay premium pay from $100 per month to $350 per month for
consecutive or cumulative duty at sea.
The Senate amendment contained a similar provision (sec. 619).
The House recedes with a clarifying amendment.
Increased maximum rate of special duty assignment pay (sec. 631)
The House bill contained a provision (sec. 616) that would,
effective October 1, 2001, increase the limit on special duty assignment
pay from $275 per month to $600 per month.
The Senate amendment contained a similar provision (sec. 620) that
would be effective October 1, 2000.
The House recedes.
Entitlement of members of the National Guard and other
reserves not on active duty to receive special duty assignment pay (sec.
632)
The Senate amendment contained a provision (sec. 622) that would
authorize members of the Selected Reserve who are not on active duty to
receive special duty assignment pay.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the amount of
special duty assignment pay for members of the Selected Reserve not on
active duty to one day of pay for each drill period in which the reserve
member successfully participates each month.
Authorization of retention bonus for members of the armed
forces qualified in a critical military skill (sec. 633)
The House bill contained a provision (sec. 619) that would,
effective 90 days after the Secretary of Defense notifies Congress of
the details of the implementation plan, establish a retention bonus,
providing payments up to $200,000 over a career, for members qualified
in a critical military skill. The authority for this bonus would expire
on December 31, 2001.
The Senate amendment contained no similar provision.
The Senate recedes.
Entitlement of active duty officers of the Public Health
Service Corps to special pays and bonuses of health professional
officers of the armed forces (sec. 634)
The Senate amendment contained a provision (sec. 618) that would
make the special pays and bonuses for active duty officers of the Public
Health Service Corps equal to those of health professional officers of
the armed forces.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
SUBTITLE C--TRAVEL AND TRANSPORTATION ALLOWANCES
Advance payments for temporary lodging of members and
dependents (sec. 641)
The House bill contained a provision (sec. 631) that would authorize
advance payment of temporary lodging and living expenses incident to
permanent changes in station.
The Senate amendment contained a similar provision (sec. 631).
The Senate recedes.
Additional transportation allowance regarding baggage and
household effects (sec. 642)
The House bill contained a provision (sec. 632) that would authorize
the secretary concerned to reimburse a member for mandatory pet
quarantine fees for household pets up to a maximum of $275 when the fees
are incident to a permanent change of station.
The Senate amendment contained no similar provision.
The Senate recedes.
Incentive for shipping and storing household goods in less
than average weights (sec. 643)
The Senate amendment contained a provision (sec. 632) that would
authorize the secretary concerned to pay a service member a share of the
amount of savings resulting from the service member shipping or storing
a lower household good or baggage weight than the average weight shipped
or stored by members of the same grade and dependent status.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to develop regulations for this program in order to ensure
that members of one service do not receive a benefit for which members
of another service may not be eligible.
Equitable dislocation allowances for junior enlisted members (sec. 644)
The House bill contained a provision (sec. 633) that would require
the Secretary of Defense to increase the amount of dislocation allowance
paid to service members with dependents in pay grades E 1 through E 4 to
the amount paid to service members in pay grade E 5.
The Senate amendment contained no similar amendment.
The Senate recedes.
Authority to reimburse military recruiters, senior ROTC
cadre, and Military Entrance Processing personnel for certain parking
expenses (sec. 645)
The House bill contained a provision (sec. 634) that would authorize
the Secretary of Defense to reimburse service members and civilian
employees for expenses incurred in parking their privately owned
vehicles at their duty locations if they are assigned to duty as a
recruiter, with a military entrance processing facility or with a Senior
Reserve Officer Training Corps detachment.
The Senate amendment contained a similar provision (sec. 661).
The House recedes with an amendment that would make the provision
effective October 1, 2001.
Expansion of funded student travel for dependents (sec. 646)
The House bill contained a provision (sec. 635) that would authorize
funded student travel payments to be made for dependents pursuing
graduate and vocational education programs in addition to secondary and
undergraduate education programs.
The Senate amendment contained a similar provision (sec. 633).
The Senate recedes.
SUBTITLE D--RETIREMENT AND SURVIVOR BENEFIT MATTERS
Exception to high 36-month retired pay computation for
members retired following a disciplinary reduction in grade (sec. 651)
The Senate amendment contained a provision (sec. 641) that would
require the computation of retired pay for military personnel who retire
following a reduction in grade be based on basic pay of the grade held
at the time of retirement rather than the average of the highest three
years of basic pay.
The House bill contained no similar provision.
The House recedes.
Increase in maximum number of reserve retirement points that
may be credited in any year (sec. 652)
The House bill contained a provision (sec. 641) that would increase,
from 70 to 90, the maximum number of days in any one year that a
reservist may accrue as credit toward retirement benefits.
The Senate amendment contained a similar provision (sec. 694).
The Senate recedes with a clarifying amendment.
Retirement from active reserve service after regular
retirement (sec. 653)
The Senate amendment contained a provision (sec. 644) that would
permit a retired active component service member who later serves, and
is promoted in an active reserve position, to retire as a member of the
retired reserve at the higher grade.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Same treatment for federal judges as for other federal
officials regarding payment of military retired pay (sec. 654)
The Senate amendment contained a provision (sec. 645) that would
amend section 371 of title 28, United States Code, to ensure that
federal judges appointed under Article III of the Constitution are
treated the same as other federal officials with regard to reduction in
military retired pay.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Reserve Component Survivor Benefit Plan spousal consent
requirement (sec. 655)
The House bill contained a provision (sec. 642) that would require
retirement-eligible reservists to obtain the concurrence of their
spouses before making a decision to decline or defer participation in
the Reserve Component Survivor Benefit Plan or to select a level of
participation that is less than the maximum available or to select
coverage for a child but not the spouse.
The Senate amendment contained a similar provision (sec. 642).
The Senate recedes with a clarifying amendment.
Sense of Congress on increasing Survivor Benefit Plan
annuities for surviving spouses age 62 or older (sec. 656)
The Senate amendment contained a provision (sec. 646) that would
express the sense of Congress that legislation should be enacted that
increases the minimum basic annuities provided under the Survivor
Benefit Plan for surviving spouses of members of the uniformed services
who are 62 years of age or older.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Revision to special compensation authority to repeal
exclusion of uniformed services retirees in receipt of disability
retired pay (sec. 657)
The conferees included a provision that would, effective October 1,
2001, make former members of the uniformed services retired for
disability under chapter 61 of title 10, United States Code, eligible to
receive the special compensation for severely disabled uniformed
services retirees authorized by section 658 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65).
SUBTITLE E--OTHER MATTERS
Participation in Thrift Savings Plan (sec. 661)
The House bill contained a provision (sec. 651) that would authorize
active duty and reserve members of the uniformed services to deposit up
to five percent of their basic pay, before tax, each month in the Thrift
Savings Plan now available for federal civil service employees.
The Senate amendment contained a similar provision (sec. 643) that
would amend section 663 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65) to establish the effective date for
offering the Thrift Savings Plan
to active and reserve component military personnel, effective
not later than 180 days after the date of enactment of this Act, and
would eliminate the requirement for the President to identify the
mandatory spending offsets that are currently provided in the Concurrent
Resolution on the Budget for Fiscal Year 2001.
The House recedes with an amendment that would permit the Secretary
of Defense, with the advice of the Thrift Board, to delay the effective
date for both the active and reserve component participation by 180 days
and require that Committees on Armed Services of the Senate and the
House of Representatives be notified of any delay.
Determinations of income eligibility for special supplemental
food program (sec. 662)
The Senate amendment contained a provision (sec. 669) that would
exclude the basic allowance for housing when computing eligibility for
the special supplemental food program for service members assigned
outside the United States. The special supplemental food program is
similar to the Women, Infants, and Children program in the United
States.
The House bill contained no similar provision.
The House recedes.
Billeting services for reserve members traveling for
inactive-duty training (sec. 663)
The Senate amendment contained a provision (sec. 693) that would
require the Secretary of Defense to promulgate regulations that would
authorize reservists traveling to inactive-duty training at a location
more than 50 miles from their residence to be eligible for billeting in
Department of Defense facilities on the same basis as active duty
personnel traveling for official purposes.
The House bill contained no similar provision.
The House recedes.
Settlement of claims for payments for unused accrued leave
and for retired pay (sec. 664)
The Senate amendment contained a provision (sec. 663) that would
authorize the Secretary of Defense to settle claims for unused accrued
leave and to waive time limitations for filing claims for payments for
unused accrued leave and for retired pay.
The House bill contained no similar provision.
The House recedes.
Additional benefits and protections for personnel incurring
injury, illness, or disease in the performance of funeral honors duty
(sec. 665)
The Senate amendment contained a provision (sec. 668) that would
authorize the payment of incapacitation pay for reservists who incur an
injury, illness, or disease in the performance of funeral honors duties.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Authority for extension of deadline for filing claims
associated with capture and internment of certain persons by North
Vietnam (sec. 666)
The Senate amendment contained a provision (sec. 662) that would
extend the time limitation for certain Vietnamese Commandos, or their
survivors, to file claims when the Secretary of Defense determines that
such an extension is necessary to prevent an injustice or that a failure
to file within the time frame is due to excusable neglect.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Back pay for members of the Navy and Marine Corps selected
for promotion while interned as prisoners of war during World War II
(sec. 667)
The Senate amendment contained a provision (sec. 673) that would
authorize the payment of back pay for former members of the Navy and
Marine Corps who were unable to compete for promotion while interned as
prisoners of war during World War II.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the payments to
former members or their spouses.
Sense of Congress concerning funding for reserve components (sec. 668)
The Senate amendment contained a provision (sec. 691) that would
express the sense of Congress that it is in the national interest for
the President to provide funds for the reserve components of the armed
forces that are sufficient to ensure that the reserve components meet
requirements specified in the National Military Strategy.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Authority to pay gratuity to certain veterans of Bataan and Corregidor
The Senate amendment contained a provision (sec. 665) that would
authorize the Secretary of Veterans Affairs to pay a $20,000 gratuity to
a veteran or to the surviving spouse of a
veteran who served at Bataan or Corregidor, was captured and
held as a prisoner of war, and was required to perform slave labor
during World War II.
The House bill contained no similar provision.
The Senate recedes.
Benefits for members not transporting personal motor vehicles overseas
The Senate amendment contained a provision (sec. 634) that would
authorize the secretary concerned to pay a service member a share of the
amount of savings that accrue when an authorized member elects not to
ship a personal vehicle overseas at government expense and would limit
the amount payable to store a personal vehicle in lieu of shipment to an
amount equal to the cost that would have been incurred by shipping the
vehicle overseas and back.
The House bill contained no similar provision.
The Senate recedes.
Computation of survivor benefits
The Senate amendment contained a provision (sec. 650) that would
reduce the amount of the offset from a survivor benefit annuity when the
surviving spouse becomes eligible for social security benefits based on
the contributions of the deceased service member.
The House bill contained no similar provision.
The Senate recedes.
Concurrent payment of retired pay and compensation for
retired members with service-connected disabilities
The Senate amendment contained a provision (sec. 666) that would
permit the concurrent payment of military retired pay and disability
compensation from the Department of Veterans Affairs for retired service
members with service-connected disabilities.
The House bill contained no similar provision.
The Senate recedes.
Concurrent payment to surviving spouses of Disability and
Indemnity Compensation and annuities under Survivor Benefit Plan
The Senate amendment contained a provision (sec. 652) that would
permit the concurrent payment of Disability and Indemnity Compensation
and Survivor Benefit Plan annuities to surviving spouses of deceased
service members.
The House bill contained no similar provision.
The Senate recedes.
Effective date of disability retirement for members dying in
civilian medical facilities
The House bill contained a provision (sec. 643) that would authorize
the secretary concerned to specify a date and time of death, other than
that determined by the attending physician, for a member who dies in a
civilian medical facility solely for the purpose of allowing a member to
retire as if disabled.
The Senate amendment contained no similar provision.
The House recedes.
Eligibility of certain members of the Individual Ready
Reserve for Servicemembers' Group Life Insurance
The Senate amendment contained a provision (sec. 664) that would
authorize volunteers for assignment to a category in the Individual
Ready Reserve that is subject to involuntary recall to active duty to
participate in the Servicemembers' Group Life Insurance program.
The House bill contained no similar provision.
The Senate recedes.
Equitable application of early retirement eligibility
requirements to military reserve technicians
The Senate amendment contained a provision (sec. 651) that would
modify the early retirement eligibility requirements for all military
technicians from a combination of 50 years of age and 25 years of
service to 25 years of service or 50 years of age and 20 years of
service.
The House bill contained no similar provision.
The Senate recedes.
Family coverage under Servicemembers' Group Life Insurance
The Senate amendment contained a provision (sec. 648) that would, at
no cost to the government, extend life insurance coverage under the
Servicemembers' Group Life Insurance to family members.
The House bill contained no similar provision.
The Senate recedes.
Fees paid by residents of the Armed Forces Retirement Home
The Senate amendment contained a provision (sec. 649) that would
modify the fee structure paid by residents of the Armed Forces
Retirement Home.
The House bill contained no similar provision.
The Senate recedes.
The conferees are aware of the financial difficulties of the Armed
Forces Retirement Home and have received a number of complaints from
residents about the fee structure and conditions at the homes. The
conferees direct the Secretary of Defense, in consultation with the
Armed Forces Retirement Home Board, to review the current and future
financial status of the Armed
Forces Retirement Home, to include the current fee structure.
The Secretary of Defense shall submit a report not later than March 30,
2001, to the Committees on Armed Services of the Senate and the House of
Representatives on the results of this review and any recommendations
for changing the current fees or operations of the Armed Forces
Retirement Home.
Recognition of members of the Alaska Territorial Guard as veterans
The Senate amendment contained a provision (sec. 671) that would
prospectively recognize certain former members of the Alaska Territorial
Guard as veterans.
The House bill contained no similar provision.
The Senate recedes.
Survivor benefit plan annuities for survivors of all members
who die on active duty
The Senate amendment contained a provision (sec. 647) that would
entitle a surviving spouse of a member who dies while on active duty to
a Survivor Benefit Plan annuity.
The House bill contained no similar provision.
The Senate recedes.
Travel by reservists on military aircraft to and from
locations outside the continental United States for inactive-duty
training
The Senate amendment contained a provision (sec. 667) that would
permit reservists who live outside the continental United States
attending drills or annual training in the United States to travel
space-required on military aircraft.
The House bill contained no similar provision.
The Senate recedes.
TITLE VII--HEALTH CARE PROVISIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--HEALTH CARE SERVICES
Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries (sec. 701)
The House bill contained a provision (sec. 703) that would authorize
the Secretary of Defense to reimburse certain former Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS) beneficiaries for
costs incurred for custodial or domiciliary care services during a
period of temporary ineligibility for such services under CHAMPUS. The
provision authorized a maximum expenditure of $100.0 million for the
program.
The Senate amendment contained a provision (sec. 732) that would cap
the program at $100.0 million per year and would grandfather those that
participated in the Department of Defense home health care demonstration
to allow their continued participation in the case management program,
without regard to age.
The House recedes with an amendment that would incorporate the
reimbursement provision in the House bill and direct the Comptroller
General to report on the effectiveness of the existing coordination of
the basic TRICARE program with the program for persons with disabilities
and the individual case management program, as they relate to meeting
the health care needs of disabled dependents of active duty military
members.
Chiropractic health care for members on active duty (sec. 702)
The House bill contained a provision (sec. 737) that would require
the Secretary of Defense to submit to the Committees on Armed Services
of the Senate and the House of Representatives a plan to phase in, over
a period of five years, permanent chiropractic services for all active
duty service personnel. The provision would also require the Secretary
of Defense to continue to provide the same level of chiropractic health
care services and benefits during fiscal year 2001 as were provided
during fiscal year 2000.
The Senate amendment contained a provision (sec. 737) that would
make permanent the provision of chiropractic health care services to
military health care system beneficiaries who enroll in TRICARE Prime.
The provision would direct the Secretary of Defense to develop and
implement a plan to make available chiropractic services using a primary
care manager model and would continue services at existing demonstration
sites until TRICARE Prime enrollees at those sites would have access
under the new provision.
The Senate recedes with a technical amendment.
School-required physical examinations for certain minor
dependents (sec. 703)
The Senate amendment contained a provision (sec. 734) that would
direct the Secretary of Defense to provide eligible dependents, between
the ages of 5 years and 12 years, a physical examination when such an
examination is required by a school in connection with the enrollment in
that school. TRICARE Prime enrollees would require no copayment.
Enrollees in TRICARE options other than Prime would pay appropriate cost
shares.
The House bill contained no similar provision.
The House recedes.
Two-year extension of dental and medical benefits for
surviving dependents of certain deceased members (sec. 704)
The Senate amendment contained a provision (sec. 735) that would
extend the medical and dental benefits for surviving dependents of
certain deceased members from one year to three years.
The House bill contained no similar provision.
The House recedes.
Two-year extension of authority for use of contract
physicians at military entrance processing stations and elsewhere
outside medical treatment facilities (sec. 705)
The House bill contained a provision (sec. 701) that would extend
for two years, the authority of the Secretary of Defense to contract
with physicians to provide health care and new-recruit examination
services at military entrance processing stations and other locations.
The Senate amendment contained a similar provision (sec. 736).
The Senate recedes.
Medical and dental care for medal of honor recipients (sec. 706)
The House bill contained a provision (sec. 702) that would extend
life-time medical and dental care, to be provided by the Department of
Defense, to medal of honor recipients and their dependents.
The Senate amendment contained a similar provision (sec. 733).
The House recedes with a clarifying amendment.
SUBTITLE B--SENIOR HEALTH CARE
Implementation of TRICARE senior pharmacy program (sec. 711)
The House bill contained a provision (sec. 721) that would authorize
the establishment of the TRICARE Senior Pharmacy Program. The program
would provide Medicare eligible military retirees and their eligible
family members the same pharmacy benefit as is currently available to
other military health care beneficiaries through the TRICARE preferred
provider and fee-for-services options commonly referred to as TRICARE
Extra and TRICARE Standard. The House authorized an increase of $94.0
million to the Defense Health Program to fund this requirement.
The Senate amendment contained a provision (sec. 731) that would
authorize a specific pharmacy benefit for eligible beneficiaries of the
military health care system, including those eligible for Medicare. The
provision would authorize a national mail order program and a retail
pharmacy network.
The Senate recedes with an amendment that would grandfather all
participants of the Base Realignment and Closure pharmacy benefit
program.
Conditions for eligibility for CHAMPUS and TRICARE upon the
attainment of age 65; expansion and modification of medicare subvention
project (sec. 712)
The House bill contained a provision (sec. 725) that would extend
the Medicare subvention, or TRICARE Senior Prime, program nationwide and
would make the program permanent.
The Senate amendment contained a provision (sec. 701) that would
extend TRICARE/CHAMPUS eligibility to all military retirees and their
dependents, regardless of age.
The House recedes with an amendment that would extend the Medicare
subvention program one year and would extend permanent TRICARE/CHAMPUS
eligibility to all military retirees and their dependents, regardless of
age.
The conferees note that continuation of the Medicare subvention
program beyond the extended termination date would be contingent upon
the Secretaries of Defense and Health and Human Services jointly
developing and implementing program terms and conditions that are fair
and equitable to both agencies, providing a report to the Congress, and
a subsequent act of Congress.
The conferees recognize that the Department of Defense has provided
some level of health care services to the senior population and would
not expect reimbursement for that level of effort. The conferees believe
the administrative costs and costs of resources expended during the
process of approving a military treatment facility as a subvention site
should be included when the Secretaries of Defense and Health and Human
Services jointly develop the terms of a new subvention agreement.
While extending TRICARE/CHAMPUS eligibility to Medicare-eligible
beneficiaries, the conferees direct the Secretary of Defense to refrain
from using deductibles and copayments, in recognition of their
participation in Medicare Part B as a condition of participation. The
conferees urge the Secretary of Defense to implement, wherever
reasonable, primary care impanelment programs patterned on the
``MacDill-65'' program which provide opportunities for senior retirees
to establish a relationship with a military primary care provider while
still taking full advantage of the added benefits under this provision.
The conferees also recognize that the ability of the Secretary of
Defense to prepare reliable budget estimates is seriously compromised by
the lack of any beneficiary enrollment requirements. With the addition
of this significant TRICARE benefit for senior military retirees and
their dependents, all retired military personnel will now have access to
comprehensive health care services, no matter where they live.
Therefore, the conferees direct the Secretary of Defense to submit a
plan for universal, continuous enrollment of all eligible
beneficiaries beginning in fiscal year 2002. Through the
enrollment system, beneficiaries would select the component of the
military health care system through which they would seek their health
care services. The conferees expect the period of required enrollment
would not exceed one year and some provision would be made for
individual exceptions based on unforeseen circumstances. As the
enrollment plan is being developed, the conferees encourage the
Secretary of Defense to seek the views of affected beneficiary groups.
Their views should be included in the final report. The required report
shall be submitted to the Committees on Armed Services of the Senate and
the House of Representatives not later than March 30, 2001.
Accrual funding for health care for Medicare-eligible
retirees and dependents (sec. 713)
The conferees included a provision that would establish an accrual
funding mechanism to finance, on an actuarially sound basis, liabilities
of the Department of Defense under Department of Defense retiree health
care programs for Medicare-eligible beneficiaries.
The conferees direct the Secretary of Defense to conduct a study
using an independent entity to develop strategies for determining the
periodicity and amount of payments from the Department of Defense
Medicare-Eligible Retiree Health Care Fund under section 1113 of title
10, United States Code (as added by section 713). The conferees direct
the Secretary of Defense to report to the Committees on Armed Services
of the Senate and House of Representatives, not later than February 8,
2001, on the results of the study, including any recommendations and, if
appropriate, legislative provisions necessary to implement the accrual
funding mechanism.
SUBTITLE C--TRICARE PROGRAM
Improvement of access to health care under the TRICARE
program (sec. 721)
The House bill contained a provision (sec. 739) that would eliminate
the requirement to obtain non-availability statements under any new
contract for those beneficiaries participating in TRICARE standard.
The Senate amendment contained a similar provision (sec. 714).
The Senate recedes with a technical amendment.
Additional beneficiaries under TRICARE prime remote program
in the continental United States (sec. 722)
The House bill contained a provision (sec. 711) that would repeal
the requirement for co-payments by family members of active duty
military members under TRICARE Prime Remote and would require the same
access and claims processing standards as would be available under
TRICARE Prime. The provision would also extend the program to all
uniformed service personnel and their immediate family members, as
defined in section 101 of title 10, United States Code.
The Senate amendment contained an identical provision (sec. 711).
The conference agreement includes this provision.
Modernization of TRICARE business practices and increase of
use of military treatment facilities (sec. 723)
The House bill contained a provision (sec. 713) that would require
managers for the Department of Defense TRICARE program to implement
improvements in business practices by the end of fiscal year 2001, and
would require the Secretary of Defense to submit a plan for improvement
by March 15, 2001. The provision would also authorize an increase of
$134.5 million for the Defense Health Program to be used solely for the
purpose of maximizing the use of military treatment facilities.
The Senate amendment contained a similar provision (sec. 713).
The Senate recedes with a clarifying amendment.
The conferees note that the Emergency Supplemental Act, 2000
(division B of Public Law 106 246) included $695.0 million for
improvements in TRICARE for fiscal years 2000 and 2001. The conferees
direct that $134.5 million of these funds be used for maximizing the use
of military treatment facilities by improving the efficiency of health
care operations in such facilities.
The conferees note that resource sharing initiatives are achieving
significant savings by recapturing services in the direct care system.
Savings can range from $1.25 $5.00 for every dollar expended. The
conferees direct the Secretary of Defense to utilize the additional
funds provided by this provision to achieve comparable savings.
The conferees understand that requirements for additional support
staff are dynamic and require a flexible approach to ensure full
utilization of military treatment facilities. The conferees direct the
Secretary of Defense to develop a flexible mechanism to acquire
additional support staff, as needed. Further, the conferees direct the
Secretary of Defense to include, as part of the plan for improving
TRICARE business practices, a methodology for the cost-effective use of
additional support staff.
Extension of TRICARE managed care support contracts (sec. 724)
The Senate amendment contained a provision (sec. 579) that would
provide authority to extend TRICARE managed care support contracts in
effect or in final stages of acquisition to be extended up to four
years.
The House bill contained no similar provision.
The House recedes.
Report on protections against health care providers seeking
direct reimbursement from members of the uniformed services (sec. 725)
The House bill contained a provision (sec. 719) that would require
the Secretary of Defense to provide a report to the Committees on Armed
Services of the Senate and the House of Representatives on ways to
discourage or prohibit TRICARE health care providers from seeking
inappropriate direct reimbursement from military service members or
their families for eligible health care services.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Voluntary termination of enrollment in TRICARE retiree dental
program (sec. 726)
The House bill contained a provision (sec. 720) that would authorize
the Secretary of Defense to permit retirees who enrolled in the
Department of Defense Retiree Dental Program to disenroll from the
program under certain circumstances.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees recognize the necessity of a termination of enrollment
appeal process and direct the Secretary to ensure appropriate dental
expertise is included in such procedures. Additionally, the conferees
note the importance of making available a dental benefit for retirees
overseas and direct the Secretary of Defense to explore expansion of
this program.
Claims processing improvements (sec. 727)
The House bill contained a provision (sec. 714) that would require
the Secretary of Defense to implement several changes to the TRICARE
claims process system.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Prior authorizations for certain referrals and
nonavailability-of-health-care statements (sec. 728)
The House bill contained a provision (sec. 715) that would prohibit
the Secretary of Defense from requiring any TRICARE managed care support
contractors to establish prior approval requirements among network
providers.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees do not intend that this provision would in any way
interfere with the relationship between the primary care provider and
his or her patients or the requirement that patients enrolled under
TRICARE Prime be referred for specialty care by their primary care
providers. Rather, the conferees intend that the Department of Defense
would, in new managed care support contracts, eliminate the requirement
for TRICARE primary care providers to seek authorization before making a
referral to a specialist who is part of a managed care support
contractor's network of providers.
SUBTITLE D--DEMONSTRATION PROJECTS
Demonstration project for expanded access to mental health
counselors (sec. 731)
The House bill contained a provision (sec. 704) that would direct
the Secretary of Defense to conduct a demonstration project to determine
the effect of increasing access to certified professional mental health
counselors by removing the requirement for physician referral prior to
engaging a counselor under the TRICARE program.
The Senate amendment contained no similar provision.
The Senate recedes.
Teleradiology demonstration project (sec. 732)
The House bill contained a provision (sec. 705) that would direct
the Secretary of Defense to implement a teleradiology demonstration
project for the purpose of increasing the efficiency of operations and
coordination between outlying clinics and a major military medical
facility.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add an additional
test site.
Health care management demonstration program (sec. 733)
The Senate amendment contained a provision (sec. 740) that would
direct the Secretary of Defense to conduct a test of two models to
improve health care delivery in the Defense Health Program: one for
studying alternative delivery policies, processes, organizations,
technologies; and another for studying long-term disease management.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
SUBTITLE E--JOINT INITIATIVES WITH DEPARTMENT OF VETERANS AFFAIRS
VA DOD sharing agreements for health services (sec. 741)
The House bill contained a provision (sec. 738) that would
require the Secretary of Defense to give full force and effect
to any sharing agreement entered into between the Veterans Health
Administration and the Department of Defense treatment facilities. The
provision would also require the Secretary of Defense to review all
sharing agreements.
The Senate amendment contained no similar provision.
The Senate recedes.
Processes for patient safety in military and veterans health
care systems (sec. 742)
The House bill contained a provision (sec. 733) that would require
the Secretary of Defense to implement a system of indicators, standards,
and protocols necessary to track patient safety.
The Senate amendment contained a provision (sec. 721) that would
direct enhanced cooperation between the Department of Defense and
Department of Veterans Affairs in the area of patient safety.
The House recedes with a technical amendment.
Cooperation in developing pharmaceutical identification
technology (sec. 743)
The House bill contained a provision (sec. 734) that would require
the Secretary of Defense to implement a pharmaceutical bar code
identification program to improve the safety of Department of Defense
pharmacy programs.
The Senate amendment contained a provision (sec. 722) that would
direct the Secretary of Defense and the Secretary of Veterans Affairs to
develop jointly a plan to bar code pills and to explore a bar code
capability for the mail order pharmacy program.
The House recedes with a technical amendment.
SUBTITLE F--OTHER MATTERS
Management of anthrax vaccine immunization program (sec. 751)
The House bill contained a provision (sec. 735) that would
strengthen congressional oversight of the Department of Defense Anthrax
Vaccine Immunization Program (AVIP). The provision would require the
Secretary of Defense to implement several initiatives to strengthen
oversight of the program including: requiring the Secretary to track and
report separations resulting from refusal to participate in the program;
requiring guidance for emergency essential civilian personnel who are
participating in AVIP; requiring the Secretary of Defense to put uniform
medical and administrative exemptions into regulation; improving
monitoring of adverse reactions; development of a plan for modernizing
all-force protection immunizations; and requiring reports on financial
and overall program management.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate the
procurement components of the provision and would focus on the
administration of the AVIP.
Elimination of copayments for immediate family (sec. 752)
The House bill contained a provision (sec. 712) that would repeal
the requirement for co-payments by family members of active duty
military members enrolled in TRICARE Prime.
The Senate amendment contained a similar provision (sec. 712).
The House recedes with a clarifying amendment.
The conferees expect the Department of Defense to ensure that
implementation of this provision would not impose additional costs on
managed care support contractors. Further, it is not the intent of the
conferees to eliminate copayments for pharmaceutical benefits under the
mail order pharmacy program or such similar cost shares. The conferees
expect implementation within 180 days after enactment of this Act.
Medical informatics (sec. 753)
The Senate amendment contained a provision (sec. 723) that would
direct the Secretary of Defense to include two additional sections in
the medical informatics report required by section 723 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106 65). The
provision would also direct that, from within the resources of the
Defense Health Program, $64.0 million be expended on a computerized
patient record system, and $9.0 million be expended on an integrated
pharmacy system in fiscal year 2001.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Patient care reporting and management system (sec. 754)
The Senate amendment contained a provision (sec. 739) that would
direct the Secretary of Defense to implement a patient care reporting
and management system in the military health system to identify, track,
and report on errors and safety problems.
The House bill contained no similar provision.
The House recedes.
Augmentation of Army medical department by detailing reserve
officers of the Public Health Service (sec. 755)
The Senate amendment contained a provision (sec. 742) that would
authorize the Secretary of the Army and the Secretary of Health and
Human Services to enter into an agreement to conduct a program under
which officers of the Public Health Service Corps
Inactive Reserve may be detailed to augment the Army Medical
Department, subject to existing statutory authorities.
The House bill contained no similar provision.
The House recedes.
Privacy of Department of Defense medical records (sec. 756)
The Senate amendment contained a provision (sec. 744) that would
direct the Secretary of Defense to create a blue ribbon advisory panel
on Department of Defense policies regarding the privacy of medical
records for beneficiaries of the military health care system.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the Secretary
of Defense to report to Congress on a comprehensive plan to improve
privacy protections for Department of Defense medical records,
consistent with the Health Insurance Portability and Accountability Act
of 1996. The conferees further direct the Secretary of Defense to issue
interim regulations to expedite implementation of this provision and
allow for reasonable use of medical records for certain circumstances
including, but not limited to, national security, law enforcement,
patient treatment, and payment for health care services.
Authority to establish special locality-based reimbursement
rates; reports (sec. 757)
The House bill contained a provision (sec. 716) that would authorize
the Secretary of Defense to establish higher rates for reimbursement for
services in some localities under certain conditions.
The Senate amendment contained a provision (sec. 715) that would
enhance access to TRICARE in rural states by increasing the maximum
allowable charge by physicians in rural areas.
The Senate recedes with a clarifying amendment.
The conferees intend that the Department of Defense focus on
resolving provider participation issues, particularly in rural areas,
where limited numbers of health care providers present extreme
difficulties in accessing care.
Reimbursement for certain travel expenses (sec. 758)
The House bill contained a provision (sec. 717) that would authorize
the Secretary of Defense to reimburse TRICARE beneficiaries for their
reasonable expenses incurred while traveling to a referral more than 100
miles from the location at which they normally receive their primary
care services.
The Senate amendment contained no similar provision.
The Senate recedes.
Reduction of cap on payments (sec. 759)
The House bill contained a provision (sec. 718) that would reduce
the maximum amount retired TRICARE beneficiaries could pay under TRICARE
to $3,000 per family. The House bill authorized an increase in the
Defense Health Program of $32.0 million for this purpose.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Training in health care management and administration (sec. 760)
The House bill contained a provision (sec. 731) that would require
the Secretary of Defense to provide a report to the Committees on Armed
Services of the Senate and the House of Representatives on the continued
implementation of section 715 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104 106). The provision would increase
the number of senior management positions requiring professional
management and administrative experience.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
The conferees direct the Secretary of Defense to ensure that senior
managers involved in leading and managing the Department of Defense
complex health care delivery program are provided all possible
professional management and administrative opportunities to increase
their ability to succeed in this dynamic environment.
Study on feasibility of sharing biomedical research facility (sec. 761)
The House bill contained a provision (sec. 736) that would require
the Secretary of the Army to conduct a study on the feasibility of a
military medical center sharing a biomedical research facility with the
Department of Veterans Affairs and an academic institution to make more
efficient use of funding for biomedical research.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would add an additional
site for such a demonstration.
Study on comparability of coverage for physical, speech, and
occupational therapies (sec. 762)
The House bill contained a provision (sec. 740) that would direct
the Secretary of Defense to conduct a study comparing coverage and
reimbursement for covered beneficiaries for physical, speech, and
occupational therapies under the TRICARE program and the Civilian Health
and Medical Program of the Uniformed Services to coverage and
reimbursement for such therapies by insurers under Medicare and the
Federal Employees Health Benefits Program.
The Senate amendment contained no similar provision.
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Extended coverage under the Federal Employees Health Benefits Program
The House bill contained a provision (sec. 723) that would extend
the period of the Federal Employees Health Benefits Program
demonstration for one year and would require the Secretary of Defense to
take actions to encourage participation in the program to its full
authorized enrollment level.
The Senate amendment contained no similar provision.
The House recedes.
Extension of TRICARE senior supplement program
The House bill contained a provision (sec. 724) that would extend
the period of the TRICARE Senior Supplement Program for one year.
The Senate amendment contained no similar provision.
The House recedes.
Service areas of transferees of former uniformed services
treatment facilities
The Senate amendment contained a provision (sec. 743) that would
expand the service areas of former uniformed services treatment
facilities.
The House bill contained no similar provision.
The Senate recedes.
Study of accrual financing for health care for military retirees
The House bill contained a provision (sec. 732) that would direct
the Secretary of Defense to conduct a study on the feasibility and
desirability of financing the military health care program for uniformed
services retirees on an accrual basis.
The Senate amendment contained a similar provision (sec. 741).
The conferees adopted an accrual funding provision elsewhere in this
conference agreement.
Study of accrual financing for health care for retirees of
the uniformed services
The House bill contained a provision (sec. 732) that would require
the Secretary of Defense to conduct a study on the feasibility and
desirability of financing the military health care program for uniformed
services retirees on an accrual basis.
The Senate amendment contained a similar provision (sec. 741).
The House recedes with a technical amendment.
Study on health care options for Medicare-eligible military retirees
The House bill contained a provision (sec. 722) that would require
the Secretary of Defense to conduct a study on alternatives for
providing continued health care benefits for Medicare-eligible military
retirees.
The Senate amendment contained no similar provision.
The House recedes.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
ITEMS OF SPECIAL INTEREST
Acquisition programs at the National Security Agency
The Senate report accompanying S. 2549 (S. Rept. 106 292) would
direct the National Security Agency (NSA) and the Department of Defense
to manage the ongoing NSA modernization effort as though it were a major
defense acquisition program, as defined in section 2430 of title 10,
United States Code.
The House report accompanying H.R. 4205 (H. Rept. 106 616) contained
no such direction.
The conferees agree that there is a need to improve the acquisition
management and oversight processes to ensure sufficient structure,
accountability, and visibility for the vital NSA modernization efforts.
However, the conferees are not convinced that the DOD acquisition model
is sufficiently flexible and timely to allow the NSA to deliver the
necessary capabilities against the rapidly changing threat environment.
The conferees understand that representatives from the Intelligence
Community (IC), the NSA, and the Office of the Secretary of Defense have
jointly begun to define a formal plan to improve oversight of the NSA
acquisition efforts, and that an interim oversight board has been used
to review a major NSA acquisition program. The conferees understand that
the IC and the DOD jointly intend to create a streamlined acquisition
management and oversight process that will improve DOD and IC oversight
of the NSA Acquisition process.
The conferees agree to allow some time for this new plan to achieve
the objectives of providing sufficient structure, accountability, and
visibility for the very important modernization efforts underway within
NSA. The conferees take this position with the understanding that DOD
and the IC will implement oversight procedures that will achieve several
objectives: (1) aid the Director of NSA in the effort to accomplish
fundamental financial and acquisition management
reforms within the agency; (2) improve the linkage between the
development of requirements and the acquisition process; (3) ensure that
internal NSA acquisition processes comply with DOD and IC policy and
with best practices; (4) improve the linkage across agencies for
end-to-end performance; and (5) allow the Director to have sufficient
flexibility to deliver urgently needed capability.
The conferees direct the Director of NSA, the Director of Central
Intelligence, and the Secretary of Defense to provide the Congress with
a report, concurrent with the budget request for fiscal year 2002, that
outlines the oversight plan, including the changes the plan will make in
the acquisition process. If implementation of this oversight plan fails
to demonstrate a review mechanism that meets these objectives, the
conferees may insist on requiring that NSA manage its programs as major
defense acquisition programs in the future.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES,
AND LIMITATIONS
Department of Defense acquisition pilot programs (sec. 801)
The House bill contained a provision (sec. 801) that would amend the
Federal Acquisition Streamlining Act of 1994 (Public Law 103 355) to
extend until fiscal year 2005 certain acquisition pilot programs and to
require a report on the pilot programs.
The Senate amendment contained a provision (sec. 806) that would
extend this authority through October 1, 2007.
The House recedes with an amendment that would add the 500 pound
Joint Direct Attack Munition to the original pilot program and include a
reporting requirement.
Multiyear services contracts (sec. 802)
The House bill contained a provision (sec. 808) that would amend
section 2306b of title 10, United State Code, to clarify that this
section applies to the multiyear procurement of services, as well as to
the multiyear procurement of property.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would insert a new section
in title 10, United States Code, that would clarify the authority to
enter into multiyear contracts for the acquisition of services. The
conferees direct the Secretary of Defense to provide to the
congressional defense committees, not later than February 1, 2001, a
report that contains information comparable to that required by section
2306b(l)(4) for each multiyear service contract and each extension of an
existing multiyear service contract entered into, or planned to be
entered into, during the current or preceding year.
Clarification and extension of authority to carry out certain
prototype projects (sec. 803)
The House bill contained a provision (sec. 805) that would amend
section 845 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103 160), to extend for three years the authority of
the Defense Advanced Research Projects Agency, the military departments,
and other officials designated by the Secretary of Defense to carry out
prototype projects using transactions other than contracts, cooperative
agreements, and grants, which must be executed in accordance with
statutes or regulations applicable to contracts.
The Senate amendment contained a provision (sec. 807) that would
extend for three years the other transaction prototype authority,
identify appropriate uses of this authority to include cost sharing
arrangements and the participation of nontraditional defense
contractors, and establish a pilot program for the transition to
follow-on production contracts for prototypes developed under the
section 845 authority.
The House recedes with an amendment to modify the circumstances
under which section 845 authority can be used and to strike the pilot
program for the transition to follow-on production contracts for
prototypes developed under the section 845 authority.
The conferees note the recommendations contained in the report of
the Comptroller General ``Acquisition Reform: DOD's Guidance on Using
Section 845 Agreements Could be Improved'' (GAO/NSIAD 00 33, dated April
2000), that the Secretary of Defense provide updated guidance that lays
out the conditions for using section 845 agreements and provides a
framework to tailor the terms and conditions appropriate for each
agreement. The General Accounting Office (GAO) recommended that the
Secretary should establish and require the use of a set of metrics,
including the number of commercial firms participating in section 845
agreements, which are measurable and directly related to the agreement's
use. The GAO also recommended that these requirements should be in place
in time to assist in the deliberations on whether to extend the
authority past September 30, 2001. The conferees further note that the
Department of Defense (DOD) concurred with the need for revised guidance
to help determine when section 845 agreements should be used, and that
the Department planned to issue an updated guide by April 2000. The
conferees direct the Secretary of Defense to issue the revised DOD
guidelines for using section 845 agreements within 90 days of the
enactment of this Act.
Clarification of authority of Comptroller General to review
records of participants in certain prototype projects (sec. 804)
The Senate amendment contained a provision (sec. 808) that would
clarify the audit access of the Comptroller General over other
transaction prototype authority agreements for those contractors who
have only done business with the government under other transaction
authority or through cooperative agreements.
The House bill contained no similar provision.
The House recedes.
Extension of time period of limitation on procurement of ball
bearings and roller bearings (sec. 805)
The House bill contained a provision (sec. 807) that would amend
section 2534 of title 10, United States Code, to extend the limitations
on the procurement of ball bearings and roller bearings. This provision
would also extend the limitations on the procurement of naval valves for
another three fiscal years, and authorize limitations on the procurement
of polyacrylonitrile based carbon fiber (PAN carbon fiber) for the next
three fiscal years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend the
limitations on the procurement of ball bearings and roller bearings to
October 1, 2005. The conferees note that the domestic source restriction
on PAN carbon fiber was first instituted in the 1980s after the
Department of Defense determined that it was overly dependent on foreign
industry for PAN carbon fibers. The conferees determined that a
legislative restriction was unnecessary, because the Department of
Defense has extended by three years the regulatory domestic source
restriction on PAN based carbon fibers.
Reporting requirements relating to multiyear contracts (sec. 806)
The Senate amendment contained a provision (sec. 802) that would
clarify the multiyear reporting requirements required by section 2306b
of title 10, United States Code.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would require an
annual report that addresses all multiyear contracts, regardless of the
dollar value, and require a separate report prior to entering into a
multiyear contract or extension above $500.0 million if the information
required by section 2306b, for the contract or extension was not
included in the annual report required by this provision.
Eligibility of small business concerns owned and controlled
by women for assistance under the mentor-protege program (sec. 807)
The Senate amendment contained a provision (sec. 809) that would add
small business concerns owned and controlled by women to the list of
entities that are eligible to participate in the pilot mentor-protege
program established by section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101 510).
The House bill contained no similar provision.
The House recedes.
Qualifications required for employment and assignment in
contracting positions (sec. 808)
The Senate amendment contained a provision (sec. 811) that would
require a baccalaureate degree and 24 semester credit hours in business
disciplines for new entrants into the GS 1102 occupational series and
for contracting officers above the simplified acquisition threshold.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Revision of authority for solutions-based contracting pilot
program (sec. 809)
The Senate amendment contained a provision (sec. 815) that would
amend section 5312 of the Clinger-Cohen Act (divisions D and E of the
National Defense Authorization Act for Fiscal Year 1996 [Public Law 104
106]) to remove detailed statutory requirements concerning the
development of a pilot plan to include elimination of the direct
participation of private information technology specialists as part of a
public-private working group.
The House bill contained no similar provision.
The House recedes.
Procurement notice of contracting opportunities through
electronic means (sec. 810)
The Senate amendment contained a provision (sec. 818) that would
allow electronic postings of solicitations through the single
government-wide point of entry designated in the Federal Acquisition
Regulations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
SUBTITLE B--INFORMATION TECHNOLOGY
Acquisition and management of information technology (sec. 811)
The House bill contained a provision (sec. 363) that would require
that for the next three fiscal years all mission essential and mission
critical information technology systems be registered with the Chief
Information Officer of the Department of Defense (DOD). The House bill
also contained a provision (sec. 806) that would require that in each of
the next three fiscal years the Department of Defense Chief Information
Officer
certify that each major automated information system is in
compliance with the Clinger-Cohen Act of 1996 (divisions D and E of
Public Law 104 106) prior to granting milestone approval.
The Senate amendment contained a provision (sec. 803) with similar
registration and approval requirements. The provision would also require
the Chief Information Officers of the DOD and the military services to
maintain a consolidated inventory of DOD mission critical and mission
essential information systems, to identify interfaces between these and
other information systems, and to maintain contingency plans for
responding to a disruption in the operation of any of these information
systems. The Senate provision included similar requirements to the House
provisions.
The Senate recedes with an amendment that would establish
registration and approval requirements to enhance the management and
oversight of information technology acquisitions.
Tracking and management of information technology purchases (sec. 812)
The Senate amendment contained a provision (sec. 804) that would
require the Secretary of Defense and the secretaries of the military
departments to administer an automated system to track and manage
purchases of information technology products and services in excess of
the simplified acquisition threshold.
The House bill contained no similar provision.
The House recedes with an amendment requiring the Secretary of
Defense to provide for the collection of data on purchases of
information technology.
The conferees understand that the requirements of this section will
be met through the incorporation of the new data elements into the
Defense Contract Action Data System which is the DOD data collection
system for reporting contract actions to the Federal Procurement Data
System.
Appropriate use of requirements regarding experience and
education of contractor personnel in the procurement of information
technology services (sec. 813)
The Senate amendment contained a provision (sec. 816) that would
limit the circumstances in which bid solicitations for contracts of
information technology services set forth minimum contractor personnel
requirements for contract award eligibility.
The House bill contained no similar provision.
The House recedes with an amendment that would preclude in the bid
solicitation for any contract of information technology services,
minimum requirements for contractor personnel unless: (1) the
contracting officer first determines that the needs of the agency cannot
be met without such requirement; or (2) the needs of the agency require
the use of a type of contract other than a performance-based contract.
Navy-Marine Corps Intranet (sec. 814)
The House bill contained a provision (sec. 332) that would prohibit
the Department of the Navy from using fiscal year 2001 funds for payment
of a long-term contract for comprehensive end-to-end shore based
information services, known as the Navy Marine Corps Intranet (NMCI),
until supporting documentation is provided to Congress.
The Senate amendment contained a similar provision (sec. 810) that
would require the Secretary of the Navy to submit a report to Congress
before beginning performance of the NMCI contract. The Senate amendment
would also require that the Marine Corps, the naval shipyards, and the
naval aviation depots be excluded from the performance of the contract
in the first year; the program be developed incrementally; the impact on
federal employees be mitigated; and the program be implemented in
accordance with the requirements of the Clinger-Cohen Act of 1996, and
applicable regulations and directives.
The House recedes with an amendment that would prohibit the
Department of Navy to obligate or expend funds on NMCI until the
Comptroller of the Department of Defense and the Director of the Office
of Management and Budget (OMB) have reviewed and commented on the
Department of Navy's June 30, 2000, and July 15, 2000, reports to the
Congress; and the Secretary of the Navy and the Chief of Naval
Operations have submitted a joint certification to Congress that they
have reviewed the business case for the contract, reviewed OMB and
Department of Defense Comptroller comments, and have determined that
implementation of the contract is in the best interest of the Department
of the Navy. The amendment would also require additional certifications
by the DOD Comptroller, the Secretary of the Navy, and Chief of Naval
Operations before more than 15 percent of the planned total number of
work stations could be provided under the NMCI program.
The conferees recognize the need to upgrade the Navy's shore based
information infrastructure, but remain concerned about affordability and
effective management oversight of the program. To reduce risk in the
program, the conferees direct the Secretary of Navy to ensure that
contract management organization and procedures are in place before a
contract is awarded, service level agreements are fully defined in the
contract, requirements are validated for information technology services
requested, a comprehensive funding transition plan and schedule, which
includes complete and comprehensive cost estimates, are developed, a
system for tracking NMCI costs and benefits is established,
outcome-oriented performance measures beyond those in the service-level
agreements are established, oversight and reporting responsibilities
(both within the Navy and DOD) over the NMCI program are finalized, and
measures of success are defined for the first increment of the program.
The conferees direct the Comptroller General to review the
Department of Navy's June 30, 2000, and July 15, 2000, reports to
Congress on the NMCI. The Comptroller General shall report to the
Committees on Armed Services of the Senate and House of Representatives,
the Secretary of Navy, and the Chief of Naval
Operations on the risks that face the Navy on the NMCI program
and recommend actions to mitigate such risks no later than 30 days after
the enactment of this Act.
Sense of Congress regarding information technology systems
for guard and reserve components (sec. 815)
The House bill contained a provision (sec. 1040) that would express
the sense of Congress regarding information technology systems.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
SUBTITLE C--OTHER ACQUISITION-RELATED MATTERS
Improvements in procurements of services (sec. 821)
The Senate amendment contained a provision (sec. 801) that would
improve the procurement of services by establishing: (1) a
governmentwide preference for performance based service contracting; (2)
a Department of Defense Center of Excellence for service contracts; and
(3) an incentive for the use of performance-based service contracts
within the Department of Defense by treating performance based service
contracts or performance based service task orders under $5.0 million as
commercial items and thereby authorizing the use of simplified
commercial procedures under Part 12 of the Federal Acquisition
Regulations.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Financial analysis of use of dual rate for quantifying
overhead costs at army ammunition plants (sec. 822)
The Senate amendment contained a provision (sec. 813) that would
require the Secretary of the Army to conduct a financial analysis of the
benefits and costs of permitting the use of dual overhead rates at
Department of Army government-owned facilities as a means of encouraging
commercial use of these facilities.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the scope of
the financial analysis to Department of Army ammunition facilities.
Repeal of prohibition on use of Department of Defense funds
for the procurement of nuclear-capable shipyard crane from a foreign
source (sec. 823)
The Senate amendment contained a provision (sec. 143) that would
strike section 8093(d) of the Department of Defense Appropriations Act,
2000 (Public Law 106 79) relating to the prohibition on the use of
Department of Defense funds to procure a nuclear-capable shipyard crane
from a foreign source.
The House bill contained no similar provision.
The House recedes.
Extension of waiver period for live-fire survivability
testing for MH 47E and MH 60K helicopter modifications programs (sec.
824)
The House bill contained a provision (sec. 804) that would amend
section 142 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102 484) to authorize the Secretary of Defense to waive
the survivability testing requirements contained in section 2366 of
title 10, United States Code, for the MH 47E and MH 60K helicopters
prior to full materiel release of those systems.
The Senate amendment contained no similar provision.
The Senate recedes.
Compliance with existing law regarding purchases of equipment
and products (sec. 825)
The House bill contained a provision (sec. 813) that would limit
funds to be expended by an entity of the Department of Defense (DOD)
unless the entity agrees to comply with the Buy America Act, express the
sense of Congress stating that DOD should only purchase American-made
equipment and products, and require the Secretary of Defense to
determine whether a person should be debarred from federal contracting
if that person has been convicted of fraudulent use of ``Made in
America'' labels.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
limitation on funding and express the sense of Congress that DOD should
fully comply with the Buy America Act and section 2533, title 10, United
State Code, regarding determinations of public interest under the Buy
American Act.
Requirement to disregard certain agreements in awarding
contracts for the purchase of firearms or ammunition (sec. 826)
The House bill contained a provision (sec. 810) that would prohibit
the Department of Defense from using a preference for the procurement of
items from a marketer or vendor of firearms or ammunition that has
entered into an agreement to abide by a designated code of conduct,
operating practice, or product design.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
SUBTITLE D--STUDIES AND REPORTS
Study on impact of foreign sourcing of systems on long-term
military readiness and related industrial infrastructure (sec. 831)
The House bill contained a provision (sec. 809) that would require
the Secretary of Defense to study and provide a report to Congress on
whether parts, components, and materials of certain systems are obtained
through domestic sources or from foreign sources, and the impact on
military readiness of purchasing such items from foreign sources.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify the scope
and requirements of the study.
Study of policies and procedures for transfer of commercial
activities (sec. 832)
The Senate amendment contained a provision (sec. 817) that would
require the Comptroller General to convene a panel to study rules and
procedures for public-private competitions for the performance of
government commercial activities.
The House bill contained no similar provision.
The House recedes with an amendment that clarifies the scope and
timing of the study.
Study and report on practice of contract bundling in military
construction contracts (sec. 833)
The House bill contained a provision (sec. 811) that would would
require the Comptroller General to study the use ``contract bundling''
in military construction contracts.
The Senate amendment contained no similar provision.
The Senate recedes.
Requirement to conduct study on contract bundling (sec. 834)
The House bill contained a provision (sec. 812) that would require
the Secretary of Defense to conduct a comprehensive study of contract
bundling by the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would strike the
requirement for the establishment of a contracting data base and require
that the study review the effect of contract bundling on historically
underutilized business zones.
LEGISLATIVE PROVISIONS NOT ADOPTED
Management of acquisition of mission-essential software for
major defense acquisition programs
The House bill contained a provision (sec. 803) that would require
the Under Secretary of Defense for Acquisition, Technology, and
Logistics to designate a Director of Mission-Essential Software
Management.
Senate amendment contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to report to Congress
by March 1, 2001, on: (1) the roles of the Undersecretary of Defense for
Acquisition and Technology and the Chief Information Officer of the
Department of Defense (DOD) in developing, managing, and reviewing
policies regarding the procurement of mission-essential software; and
(2) the amount of funds for information technology and software used to
support Department of Defense weapon systems.
Repeal of requirement for contractor assurances regarding the
completeness, accuracy, and contractual sufficiency of technical data
provided by contractor
The Senate amendment contained a provision (sec. 805) that would
eliminate the requirement for contractors providing technical data to
the government to furnish written assurances that the technical data is
complete, accurate, and satisfies the requirements of the contract.
The House bill contained no similar provision.
The Senate recedes.
Revision of the organization and authority of the cost
accounting standards board
The Senate amendment contained a provision (sec. 814) that would
modify the composition of the cost accounting standards (CAS) board and
provide CAS waiver authority for firm fixed price contracts for which
the requirement to provide cost or pricing data was waived.
The House bill contained no similar provision.
The Senate recedes.
Technical data rights for items developed exclusively at private expense
The House bill contained a provision (sec. 802) that would amend
section 2320 of title 10, United States Code, by modifying the
circumstances under which a contractor would be considered responsive to
a solicitation.
The Senate amendment contained no similar provision.
The House recedes.
The conferrees note that section 2320 of title 10, United States
Code, establishes the statutory basis for regulations governing rights
in technical data under Department of Defense contracts. This provision
establishes the basic rule that the government has unlimited rights to
technical data developed exclusively with federal funds; the government
does not generally
have rights in technical data established exclusively at
private expense; and rights to data developed in part with federal funds
and in part at private expense are negotiable. When the government
purchases an item developed exclusively at private expense, however,
section 2320 reserves the government's limited right to technical data
that ``* * * is necessary for operation, maintenance, installation, or
training (other than detailed manufacturing or process data).''
Department of Defense officials have noted that it is increasingly
common that commercially-developed systems or components are either
returned to the manufacturer for repair or discarded. In such cases,
these officials state, the government does not need technical data, and
the insistence that contractors provide such data could discourage
commercial companies from doing business with the government.
The conferees believes that this concern is based upon a misreading
of the statute. Section 2320 requires contractors to provide only
technical data that ``is necessary'' for operation, maintenance,
installation, or training. This requirement provides executive branch
officials with the flexibility to determine what data, if any, is
necessary for these limited purposes. If, in view of the manner in which
the system or component will be used, no data is necessary for these
purposes, the government should not require the seller to provide any
such data. The conferees direct the Department to review the regulations
implementing section 2320 and adopt any changes that may be necessary to
clarify this point.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS
Overall supervision of Department of Defense activities for
combating terrorism (sec. 901)
The Senate amendment contained a provision (sec. 902) that would
designate the Assistant Secretary of Defense for Special Operations and
Low-Intensity Conflict (ASD SOLIC) as the principal civilian advisor to
the Secretary of Defense on, and the principal official within the
senior management of the Department of Defense (DOD) (after the
Secretary and Deputy Secretary of Defense) responsible for, combating
terrorism. The ASD SOLIC would provide overall direction and supervision
for policy, program planning and execution, and allocation and use of
resources for the activities of the Department of Defense for combating
terrorism, including antiterrorism activities, counterterrorism
activities, terrorism consequence management activities, and
terrorism-related intelligence support activities.
The House bill contained no similar provision.
The House recedes with an amendment that provides the Secretary with
the discretion to designate any one of the assistant secretaries with
the overall supervision of the Department's combating terrorism
activities. The amendment specifies that should the Secretary designate
an assistant secretary other than ASD SOLIC, then the responsibilities
of the ASD SOLIC related to combating terrorism shall be exercised
subject to this provision.
Change of title of certain positions in the Headquarters,
Marine Corps (sec. 902)
The House bill contained a provision (sec. 901) that would abolish
the positions of Chief of Staff and Deputy and Assistant Chiefs of Staff
from Headquarters, Marine Corps, and would authorize five Deputy
Commandant positions within Headquarters, Marine Corps.
The Senate amendment contained no similar provision.
The Senate recedes.
Clarification of scope of Inspector General authorities under
military whistleblower law (sec. 903)
The House bill contained a provision (sec. 903) that would clarify
the responsibilities of inspectors general under section 1034 of title
10, United States Code, and would also clarify that the provisions of
this statute applied to any officer of the armed forces or civilian
employee of the Department of Defense assigned or detailed to serve as
an Inspector General at any level in the Department.
The Senate amendment contained a similar provision (sec. 905).
The Senate recedes.
Policy to ensure conduct of science and technology programs
so as to foster the transition of science and technology to higher
levels of research, development, test, and evaluation (sec. 904)
The Senate amendment contained a provision (sec. 914) that would
clarify the duties of the Chief of Naval Research to stress the
responsibility for transition of science and technology to higher levels
of research, development, test and evaluation (RDT&E).
The House bill contained no similar provision.
The House recedes with an amendment that would emphasize the role in
fostering the transition of science and technology to higher levels for
all of the officers currently assigned such duties: the Undersecretary
of Defense for Acquisition,
Technology and Logistics, the secretaries of the military
departments, and directors of defense agencies with assigned research,
development, test, and evaluation. The provision would also specifically
address the role of the Chief of Naval Research relative to assigned
duties relating to basic and applied research and advanced technology
development as provided in section 5022 of Title 10, United States Code.
By transition to higher levels of RDT&E, the conferees intend to include
the following: transition of technology to higher budget categories of
RDT&E; to useful application in industry to operational military
techniques; to accessing, retaining, training and educating military and
civilian members of the Department of Defense; to procurement and to
other applications that improve the effectiveness or reduce the cost of
equipment or operations within the Department.
The conferees are concerned that the percentage of technology
initiatives incorporated into acquisition programs continues to be low.
In some cases, this transition problem may be attributable to the rapid
pace of technological developments and the comparatively slow pace of
the acquisition system. However, there also appears to be a
communication problem between the science and technology community and
the acquisition community in all three services. The conferees believe
that a strong commitment to technology transition is needed in both
communities to ensure the successful incorporation of technology
developments into weapon systems.
Additional components of Chairman of the Joint Chiefs of
Staff annual report on combatant command requirements (sec. 905)
The Senate amendment contained a provision (sec. 1021) that would
amend section 153 of title 10, United States Code, to require the
Chairman of the Joint Chiefs to include within his report to Congress on
the readiness requirements of the combatant commanders information on
the extent to which those requirements are addressed in the Future Years
Defense Program.
The House bill contained no similar provision.
The House recedes with an amendment that would amend the date of the
report to February 1 of each year, and would require the identification
of the extent to which the Future Years Defense Program includes funds
to address the capability shortfalls identified during the Joint
Readiness Review conducted during the first quarter of the fiscal year.
SUBTITLE B--DEPARTMENT OF DEFENSE ORGANIZATION
Western Hemisphere Institute for Security Cooperation (sec. 911)
The House bill contained a provision (sec. 908) that would amend
Chapter 108 of Title 10, United States Code, authorizing the Army to
operate the U.S. Army School of the Americas and would authorize the
Secretary of Defense to operate a Defense Institute for Hemispheric
Security Cooperation. The institute would be operated for the purpose of
providing professional education and training in defense and security
matters to military, law enforcement and civilian personnel of nations
of the Western Hemisphere. The curricula of the institute would include
a minimum of eight hours of instruction per student in human rights, the
rule of law, due process, civilian control of the military, and the role
of the military in a democratic society. There would be a board of
visitors to oversee the activities and curricula of the institute and
the board would submit an annual report to the Secretary of Defense and,
in turn, to Congress.
The Senate amendment contained a provision (sec. 1204) that would
amend Chapter 108 of Title 10, United States Code, authorizing the Army
to operate the U.S. Army School of the Americas and would authorize the
Secretary of Defense to operate a Western Hemisphere Institute for
Professional Education and Training. The institute would be operated for
the purpose of providing professional education and training to
military, law enforcement and civilian personnel of the Western
Hemisphere in areas such as leadership development, counterdrug
operations, peace support operations, and disaster relief. The curricula
of the institution would include, at a minimum, eight hours of
instruction relating to human rights, the rule of law, due process,
civilian control of the military, and the role of the military in a
democratic society. There would be a board of visitors, including four
members of Congress and six members from academia, the religious
community, and the human rights community, to review the institute's
curricula and instruction. The board would submit an annual report to
the Secretary of Defense. The Secretary of Defense would submit an
annual report, in coordination with the Secretary of State and the heads
of other agencies, to Congress detailing the activities of the institute
during the previous calendar year.
The House recedes with an amendment that would name the institute
the Western Hemisphere Institute for Security Cooperation; modify the
composition of the board of visitors to include the Chairman and Ranking
Members of the Armed Services Committees of the Senate and the House of
Representatives, or their designees; modify the role of the Secretary of
State with regard to the selection of the institute's foreign students;
and require the Secretary of Defense to consult only with the Secretary
of State in the preparation of the annual report.
Department of Defense regional centers for security studies (sec. 912)
The House bill contained a provision (sec. 909) that would amend
title 10, United States Code, to consolidate various authorities that
currently exist regarding the operation of Department of Defense (DOD)
regional centers for security studies. The provision would also require
congressional notification of an intent to establish additional regional
centers and an annual report to Congress by the Secretary of Defense on
the status, objectives, and operations of the regional centers.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate the
consolidation requirement and expand the annual report section by
requiring that budgetary and international participation information be
included in the report. The amendment would also require the first
annual report to include any recommendation for legislation that the
Secretary considers appropriate for the operation of DOD regional
centers.
The conferees note their intent to address next year the full range
of issues identified by the Department, taking into account the
information contained in the report required by this section.
Change in name of Armed Forces Staff College to Joint Forces
Staff College (sec. 913)
The House bill contained a provision (sec. 910) that would amend
section 2165 of title 10, United States Code, to change the name of the
Armed Forces Staff College to Joint Forces Staff College.
The Senate amendment contained no similar provision.
The Senate recedes.
Special authority for administration of Navy Fisher Houses (sec. 914)
The Senate amendment contained a provision (sec. 908) that would
clarify the degree to which the Navy Fisher Houses may be provided
common support equivalent to category B community support activities and
would permit the current general schedule employees to continue to serve
until they leave those positions.
The House bill contained no similar provision.
The House recedes.
Supervisory control of Armed Forces Retirement Home Board by
Secretary of Defense (sec. 915)
The Senate amendment contained a provision (sec. 911) that would
require the Armed Forces Retirement Home Board to be subject to the
authority, direction, and control of the Secretary of Defense on the
performance of its responsibilities, and would give the Secretary of
Defense authority over appointment and terms of board members, and would
make the Chairman of the Retirement Home Board responsible to the
Secretary of Defense.
The House bill contained no similar provision.
The House recedes with an amendment that would establish the
effective date for the provision as the date on which the Secretary of
Defense increases the monthly contribution of enlisted and warrant
officer personnel from $0.50 to $1.00 per month.
Semiannual report on the Joint Requirements Oversight Council
reform initiative (sec. 916)
The Senate amendment contained a provision (sec. 1022) that would
require the Chairman of the Joint Chiefs of Staff to submit a semiannual
report to the congressional defense committees on specific activities of
the Joint Requirements Oversight Council.
The House bill contained no similar provision.
The House recedes with an amendment that would terminate the
requirement for this report upon submission of a fifth and final report
no later than March 1, 2003. The amendment would establish reporting
periods and specific dates for the submission of the required reports
and clarifies specific reporting requirements.
Comptroller General review of operations of Defense Logistics
Agency (sec. 917)
The Senate bill contained a provision (sec. 1025) that would require
the Comptroller General to conduct a review of all the functions of the
Defense Logistics Agency to assess their efficiency, their effectiveness
in meeting customer needs, their ability to adopt best business
practices, and to identify alternative approaches for improving the
agency's operations.
The House amendment had no similar provision.
The House recedes.
Comptroller General review of operations of Defense
Information Systems Agency (sec. 918)
The Senate amendment contained a provision (sec. 1026) that would
require the Comptroller General to conduct a comprehensive review of the
operations of the Defense Information Systems Agency and make such
recommendations that the Comptroller General determines would improve
the support that this agency provides to the military services.
The House bill contained no similar provision.
The House recedes with a technical amendment.
SUBTITLE C--INFORMATION SECURITY
Institute for Defense Computer Security and Information
Protection (sec. 921)
The Senate amendment contained a provision (sec. 1041) that would
require the Secretary of Defense to establish an Institute for Defense
Computer Security and Information Protection to conduct research and
technology development in the area of information assurance and to
facilitate the exchange of information regarding cyberthreats,
technology, tools, and other relevant issues. The provision would also
authorize $10.0 million for the Institute.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize $5.0
million for the Institute.
Information security scholarship program (sec. 922)
The Senate amendment contained a provision (sec. 1042) that would
amend Part III of subtitle A of title 10, United States Code, by
establishing an Information Security Scholarship Program. The program
would authorize the Secretary of Defense to award grants to institutions
of higher education to establish or improve programs in information
security and to provide financial assistance to persons pursuing a
baccalaureate or advanced degree in information assurance. Grant
recipients would incur a government service commitment commensurate with
the educational benefit, as determined by the Secretary. The provision
would also authorize $20.0 million to support the program.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
Secretary to utilize the scholarship program to support associate
degrees or certification programs in information security, in addition
to baccalaureate or advanced degrees, and would authorize $15.0 million
to support the program.
SUBTITLE D--REPORTS
Date of submittal of reports on shortfalls in equipment
procurement and military construction for reserve components in
future-years defense programs (sec. 931)
The Senate amendment contained a provision (sec. 1024) that would
amend section 10543 of title 10, United States Code, to specify that the
report required by the section be submitted not later than 15 days after
the date on which the President submits to Congress the budget for a
fiscal year.
The House bill contained no similar provision.
The House recedes.
Report on number of personnel assigned to legislative liaison
functions (sec. 932)
The House bill contained a provision (sec. 904) that would require
the Secretary of Defense to provide to the Committees on Armed Services
of the Senate and the House of Representatives, not later than December
1, 2000, a report identifying all personnel assigned to legislative
affairs and legislative liaison functions throughout the military
departments and all defense agencies.
The Senate amendment contained no similar provision.
The Senate recedes.
Joint report on establishment of national collaborative
information analysis capability (sec. 933)
The House bill contained a provision (sec. 905) that would: (1)
require the Secretary of Defense and the Director of Central
Intelligence to prepare a joint report assessing alternatives for the
establishment of a national collaborative information analysis
capability; (2) require the Secretary of Defense to complete the data
mining, profiling, and analysis capability of the Army's Land
Information Warfare Activity; and (3) restrict funds to establish,
support, or implement a data mining and analysis capability until such a
capability is specifically authorized by law.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1) require the
Secretary of Defense and the Director of Central Intelligence to prepare
a joint report assessing alternatives for the establishment of a
national collaborative information analysis capability; and (2) require
the Secretary of Defense to complete the data mining, profiling, and
analysis capability of the Army's Land Information Warfare Activity. The
amendment would not restrict funds, but would require the Secretary to
make appropriate use of such capability to provide support to
appropriate national defense components.
Network centric warfare (sec. 934)
The House bill contained a provision (sec. 907) that would require
the Secretary of Defense to submit a report to the congressional defense
committees outlining the efforts of the Department to define and
integrate network centric warfare concepts into its vision for future
military operations.
The Senate amendment contained a similar provision (sec. 906) that
would require the Secretary of Defense to submit three reports: (1) a
report on the implementation of network centric warfare principles; (2)
a study on the use of joint
experimentation for developing network centric warfare
concepts; and (3) a report on science and technology programs to support
network centric warfare concepts.
The House recedes with an amendment that would establish a
requirement for the Secretary of Defense to submit two reports: (1) a
report on implementation of network centric warfare principles; and (2)
a study on the use of joint experimentation for developing network
centric warfare concepts. The amendment would further clarify specific
elements of the information to be included in the reports.
Report on Air Force Institute of Technology (sec. 935)
The Senate amendment contained a provision (sec. 915) that would
amend Part III of subtitle D of title 10, United States Code, to codify
the Air Force Institute of Technology and provide a sense of the Senate
that the Air Force should review the organizational structure and
operations of the institute.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of the Air Force to submit a report to the Committee on Armed Services
of the Senate and the House of Representatives on the roles and
missions, organizational structure, funding, and operations of the Air
Force Institute of Technology as projected through 2010.
SUBTITLE E--OTHER MATTERS
Flexibility in implementation of limitation on major
Department of Defense headquarters activities personnel (sec. 941)
The Senate amendment contained a provision (sec. 901) that would
repeal the requirement to reduce the number of personnel assigned to
major Department of Defense headquarters activities.
The House bill contained no similar provision.
The House recedes with an amendment that would amend section 130a of
title 10, United States Code, to give the Secretary of Defense the
discretion to reduce the required personnel reductions in major
Department of Defense headquarters by a cumulative total of 7.5 percent
following a certification to Congress that execution of the current 15
percent reductions would adversely impact National Security.
Consolidation of certain Navy gift funds (sec. 942)
The Senate amendment contained a provision (sec. 912) that would
authorize the Secretary of the Navy to transfer all amounts in the Naval
Historical Center Fund to the Department of the Navy General Gift Fund
and to close the Naval Historical Fund. The provision would authorize
the Secretary of the Navy to transfer all amounts in the United States
Naval Academy Museum Fund to the gift fund maintained for the benefit
and use of the United States Naval Academy and to close the United
States Naval Academy Museum fund.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Temporary authority to dispose of a gift previously accepted
for the Naval Academy (sec. 943)
The Senate amendment contained a provision (sec. 913) that would
authorize the Naval Academy to, during fiscal year 2001 and at the
request of the donor, transfer a gift previously given to the Naval
Academy Gift Fund to another entity.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Defense acquisition workforce
The House bill contained a provision (sec. 902) that would require
the Secretary of Defense to implement 13,000 reductions in the
Department of Defense acquisition workforce in fiscal year 2001 and
would direct the Secretary of Defense to provide a report containing an
implementation plan for re-shaping, recruiting, and sustaining the
Department's acquisition workforce and any changes in statutory
authorities that the Secretary deems necessary.
The Senate amendment contained a provision (sec. 812) that would
establish a moratorium on further cuts in the acquisition workforce for
three years and require a report on the sufficiency of the acquisition
and support workforce of the Department of Defense.
The conference agreement does not include this provision.
National Defense Panel 2001
The Senate amendment contained a provision (sec. 903) that would
require the Secretary of Defense to establish a non-partisan,
independent panel to be known as the National Defense Panel 2001, to
accompany the Quadrennial Defense Review being conducted in 2001.
The House bill contained no similar provision.
The Senate recedes.
Quadrennial National Defense Panel
The Senate amendment contained a provision (sec. 904) that would
amend title 10, United States Code, to require that the Secretary of
Defense establish, on a recurring basis, every four years in the year
preceding the inauguration of a President, a non-partisan, independent
panel to be known as the National Defense Panel to complement the
Quadrennial Defense Review.
The House bill contained no similar provision.
The Senate recedes.
TITLE X--GENERAL PROVISIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--FINANCIAL MATTERS
Transfer authority (sec. 1001)
The House 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 Senate amendment contained an identical provision.
The conference agreement includes this provision.
Incorporation of classified annex (sec. 1002)
The House bill contained a provision (sec. 1002) that would
incorporate the classified annex prepared by the Committee on Armed
Services into this Act.
The Senate amendment 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 emergency supplemental appropriations for
fiscal year 2000 (sec. 1003)
The House bill contained a provision (sec. 1003) that would
authorize the emergency supplemental appropriations enacted in the 2000
Supplemental Appropriations and Rescissions Act (Public Law 106 246) or
in title IX of the Department of Defense Appropriations Act, 2001
(Public Law 106 259). The supplemental provided funding for fiscal year
2000 expenses related to military operations in Kosovo, drug
interdiction and counter-drug activities, and natural disasters.
The Senate amendment contained a similar provision.
The House recedes with a technical amendment.
United States contribution to NATO common-funded budgets in
fiscal year 2001 (sec. 1004)
The Senate amendment contained a provision (sec. 1003) that would
authorize the U.S. contribution to NATO common-funded budgets for fiscal
year 2001, including the use of unexpended balances from prior years.
The resolution of ratification for the Protocols 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 1999, that payments
exceed the fiscal year 1998 total.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2001 (sec. 1005)
The House bill contained a provision (sec. 1005) 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 2001 to the amounts contained in the budget request:
$1,387.8 million for Bosnia and $1,650.4 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 2001 costs
associated with U.S. military participation in or support for
peacekeeping operations in Bosnia and Kosovo.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Requirement for prompt payment of contract vouchers (sec. 1006)
The Senate amendment contained a provision (sec. 1005) that would
require the Secretary of Defense to reduce the backlog of vouchers to be
paid by the Defense Finance and Accounting Service to five percent or
less of the total Mechanization of Contract Administration Service
vouchers received. The provision would further require the Secretary of
Defense to submit a report to Congress for any month in which the five
percent goal is not met.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to continue to report to Congress for the next four years.
Plan for the prompt recording of obligations of funds for
contractual transactions (sec. 1007)
The Senate amendment contained a provision (sec. 1007) that would
require the Secretary of Defense to submit a plan concerning the timely
posting of obligations uniformly throughout the Department of Defense.
The House bill contained no similar provisions.
The House recedes with a technical and clarifying amendment.
Electronic submission and processing of claims for contract
payments (sec. 1008)
The Senate amendment contained a provision (sec. 1008) that would
require the Secretary of Defense to submit a plan to the congressional
defense committees by March 31, 2001, for the electronic submission of
contract supporting transactions, such as invoices, receiving reports,
and certifications. The provision would also require the Secretary to
carry out this plan without establishing a specific deadline.
The House bill contained no similar provision.
The House recedes with an amendment that would provide for a waiver
in cases where the Secretary determines that the requirement for using
electronic means for submitting claims for a particular type of
contracts is unduly burdensome and establishes an implementation date of
June 30, 2001, that may be waived until October 1, 2002.
Administrative offsets for overpayment of transportation
costs (sec. 1009)
The Senate amendment contained a provision (sec. 1009) that would
provide a streamlined offset procedure for amounts overpaid for
transportation services that are below the simplified acquisition
threshold of $100,000. The amounts offset would be credited to the
appropriation or accounts that funded the transportation service.
The House bill contained no similar provision.
The House recedes with an amendment that would ensure an appeals
process in cases where the vendor challenges the amount of the
administrative offset.
Interest penalties for late payments of interim payments due
under Government service contracts (sec. 1010)
The Senate amendment contained a provision (sec. 1010A) that would
require the payment of interest on vouchers for service received and not
paid for more than 30 days.
The House bill contained no similar provision.
The House recedes with a technical and clarifying amendment.
SUBTITLE B--NAVAL VESSELS AND SHIPYARDS
Revisions to national defense features program (sec. 1011)
The House bill contained a provision (sec. 1011) that would amend
section 2218 of title 10, United States Code, to permit the payment to a
vessel operator, as consideration for making a vessel available to the
government, on such terms as the Secretary of Defense or the secretary
of a military department and the operator agree, in an amount equal to
the cost of maintaining the vessel in a four day reduced operating
status (ROS 4) condition in the ready reserve fleet for a period of 25
years.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require a
notification to Congress 90 days prior to entering into a contract for
national defense features authorized by this provision.
Sense of Congress on the naming of the CVN 77 aircraft
carrier (sec. 1012)
The Senate amendment contained a provision (sec. 1058) that would
express a sense of Congress that the President designate the final
Nimitz -class aircraft carrier, CVN 77, as the U.S.S. Lexington .
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Authority to transfer naval vessels to certain foreign
countries (sec. 1013)
The Senate amendment contained a provision (sec. 1201) that would
authorize the Secretary of the Navy to transfer to various countries on
a combined lease-sale basis the following: four Kidd -class destroyers
and four Oliver Hazard Perry -class frigates; and, on a grant basis, two
Thomaston -class dock landing ships, four Garcia -class frigates, one
Dixie -class destroyer tender, and two Knox -class frigates. Any expense
incurred by the United States in connection with these transfers would
be charged to the recipient. The provision would also: (1) direct that,
to the maximum extent possible, the Secretary of the Navy 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; and (2) stipulate that the authority to transfer these vessels
will expire at the end of a two-year period that begins on the date of
enactment of the National Defense Authorization Act for Fiscal Year
2001.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
President to transfer to various countries the following: four Oliver
Hazard Perry -class frigates on a combined lease-sale basis; and, on a
grant basis, two Thomaston -class dock landing ships, four Garcia -class
frigates, and two Knox -class frigates.
Authority to consent to retransfer of alternative former
naval vessel by Government of Greece (sec. 1014)
The Senate amendment contained a provision (sec. 1212) that would
provide authority for the retransfer of ex-LST 325 or any
other former U.S. LST that is excess to the needs of the
government of Greece.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
SUBTITLE C--COUNTER-DRUG ACTIVITIES
The budget request for drug interdiction and other counter-drug
activities of the Department of Defense (DOD) included approximately
$1,070.1 million for fiscal year 2001: $836.3 million for the central
transfer account, $155.9 million within the operating budgets of the
military services for authorized counter-drug operations, and $76.8
million in the military construction account (division B of this Act)
for infrastructure improvements at the forward operating locations.
The conferees recommend the following fiscal year 2001 budget for
the Department's counter-drug activities.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, OPERATIONS AND
MAINTENANCE AND MILITARY CONSTRUCTION
[In millions of dollars; may not add due to rounding]
Fiscal Year 2001 Counter-drug Request $1,070.1
22.7
89.9
74.0
447.4
435.9
Increases:
6.0
1.0
5.0
10.0
25.0
18.0
23.1
Decreases:
5.0
3.0
3.0
3.0
41.4
76.8
Emergency Supplemental Appropriations Act, 2000 (division B of Public Law 106 246 270.6
116.5
154.1
Fiscal Year 2001 Counter-drug Funding 1,026.0
National Guard counter-drug activities
The conferees agree to authorize an increase of $25.0 million for
the counter-drug activities of the National Guard including regional
counter-drug training operations such as the Regional Counter-Drug
Training Academy, and the Northeast Counter-Drug Training Center.
Global Hawk
The conferees agree to authorize $18.0 million for the concept
demonstration of the Global Hawk unmanned aerial vehicle in a
counter-drug role as required in title II this bill.
Other
The conferees agree to authorize $23.1 million for additional
high-value counter-narcotics activities of the Department of Defense.
Caribbean law enforcement support
The budget request included $6.7 million for assistance to law
enforcement agencies of Carribean nations. The conferees agree to
authorize a decrease of $3.0 million for this activity. The conferees
expect the Department of State to provide support for this activity in
the future.
Plan Colombia
The conferees agree to authorize a decrease of $41.4 million for
Plan Colombia to reflect the fact that these funds were provided through
the Emergency Supplemental Appropriations Act, 2000 (division B of
Public Law 106 246).
Forward operating locations
The conferees agree to authorize a decrease of $76.8 million, as
indicated in division B of this Act, for forward operating locations to
reflect the fact that these funds were provided through the Emergency
Supplemental Appropriations Act, 2000 (division B of Public Law 106
246).
Extension of authority to provide additional support for
counter-drug activities of Colombia (sec. 1021)
The Senate amendment contained a provision (sec. 1011) that would
extend through fiscal year 2006 the authority for the Department of
Defense to provide counter-drug assistance to the Government of
Colombia. The provision would also increase the level of resources
authorized to be expended through this authority to $40.0 million each
fiscal year.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
extension of the current program for Colombia through fiscal year 2006.
Report on Department of Defense expenditures to support
foreign counter-drug activities (sec. 1022)
The House bill contained a provision (sec. 1021) that would require
the Secretary of Defense to provide the congressional defense committees
with a report that details the expenditure of funds by the Secretary
during fiscal year 2000 in direct or indirect support of the
counter-drug activities of foreign governments.
The Senate amendment contained no similar provision.
The Senate recedes.
Recommendations on expansion of support for counter-drug
activities (sec. 1023)
The Senate amendment contained a provision (sec. 1012) that would
require the Secretary of Defense to provide a report to the Committees
on Armed Services of the Senate and House of Representatives that would
outline the Secretary's recommendations on expanding the Department of
Defense counter-drug authorities under section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105 85).
The House bill contained no similar provision.
The House recedes.
Review of riverine counter-drug program (sec. 1024)
The Senate amendment contained a provision (sec. 1013) that would
require the Secretary of Defense, acting through the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict, to review
the riverine counter-drug program and provide a report to Congress on
the results of that review. The report should include an assessment of
the effectiveness of the program for each country receiving support and
a recommendation regarding which of the armed forces, units of the armed
forces, or other organizations within the Department of Defense should
be responsible for managing the program.
The House bill contained no similar provision.
The House recedes.
Report on tethered aerostat radar system (sec. 1025)
The House bill contained a provision (sec. 1022) that would require
the Secretary of Defense, in consultation with the Commissioner of
Customs, to provide Congress with a report on the status of the tethered
aerostat radar system used to conduct counter-drug detection and
monitoring, and border security and air sovereignty operations.
The Senate amendment contained a provision (sec. 315) that would
authorize $33.0 million for continued operation and standardization of
the tethered aerostat radar system.
The Senate recedes with an amendment that would require the
Secretary of Defense to consult with the Secretary of the Treasury in
the preparation of the report.
The conferees also agree to authorize an increase of $10.0 million
for this program in the central transfer account, and an increase of
$8.5 million for this program in title III of this Act.
Sense of Congress regarding use of the armed forces for
counter-drug and counter-terrorism activities (sec. 1026)
The House bill contained a provision (sec. 1041) 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 amendment contained no similar provision.
The Senate recedes with an amendment that would express the sense of
Congress that the President, as provided for under current law, should
be able to use military personnel to assist law enforcement agencies in
preventing the entry of terrorists, drug traffickers, weapons of mass
destruction, illegal narcotics and related items into the United States.
This provision would not supercede section 375 of title 10, United
States Code, which specifically prohibits ``direct participation by a
member of the Army, Navy, Air Force, or Marine Corps in a search,
seizure, arrest, or other similar activity,'' or section 1385 of title
18, United States Code, which specifically prohibits the use of the
military to execute the laws.
The conferees note that sections 373 and 374 of title 10, United
States Code, allow the Secretary of Defense to make military personnel
available to train, advise, and assist federal, state, and local
civilian law enforcement agencies through the operation of equipment in
support of enforcement activities, including counter-terrorism and
counter-narcotics.
SUBTITLE D--COUNTERTERRORISM AND DOMESTIC PREPAREDNESS
Preparedness of military installation first responders for
incidents involving weapons of mass destruction (sec. 1031)
The Senate amendment contained a provision (sec. 1023) that would
direct, not later than 90 days after the date of enactment of this act,
the Secretary of Defense to submit to Congress a report on the program
of the Department of Defense (DOD) to ensure the preparedness of DOD
first responders for incidents involving weapons of mass destruction on
military installations.
The provision would direct the Secretary to include within the
report the following: (1) a detailed description of the program; (2) the
schedule and costs associated with the implementation of the program;
(3) how the program is being coordinated with first responders in the
communities in the localities of the installations; and (4) the plan for
promoting the interoperability of the equipment used by first responders
on DOD installations with the equipment used by the first responders in
the local communities.
The House bill contained no similar provision.
The House recedes with an amendment that would require the report to
include a description of deficiencies in the preparedness of DOD
installations to respond to a weapon of mass destruction incident and
the plans of the Department to correct those deficiencies.
Additional weapons of mass destruction civil support teams (sec. 1032)
The House bill contained a provision (sec. 1038) that would
authorize the Secretary of Defense to establish up to five additional
Weapons of Mass Destruction Civil Support Teams (WMD CSTs) (for a total
of 32), to the extent that sources of funding for such additional teams
are identified.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment specifying that the Secretary
shall establish five additional WMD CSTs (for a total of 32). The
amendment also would remove language stating that the Secretary shall
establish the teams only to the extent that sources of funding are
identified. The conferees note that $15.7 million is authorized, as
noted elsewhere in this report, to fund the five additional WMD CSTs.
Authority to provide loan guarantees to improve domestic
preparedness to combat cyberterrorism (sec. 1033)
The House bill contained a provision (sec. 1036) that would
authorize the Secretary of Defense, subject to appropriations, to
guarantee the repayment of loans, up to $10.0 million with respect to
all borrowers, for qualified commercial firms to improve their
information security in ways that improve the information assurance of
the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would clarify that the
Secretary of Defense can contract out to a private entity for
administration of the loan guarantee program, but not for the guarantees
themselves.
Report on the status of domestic preparedness against the
threat of biological terrorism (sec. 1034)
The Senate amendment contained a provision (sec. 1028) that would
require the President to prepare a report on the status of domestic
preparedness against the threat of biological terrorism. The report
shall be delivered to the Congress not later than March 31, 2001.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to prepare, in consultation with the Director of Central
Intelligence, an intelligence estimate assessing the threat to the
United States posed by a terrorist using a biological weapon. The
intelligence estimate will also include an assessment of the relative
consequences of a biological terrorist attack compared to attacks using
other types of weapons. The Secretary shall submit the intelligence
estimate to Congress not later than March 1, 2001.
Report on strategy, policies, and programs to combat domestic
terrorism (sec. 1035)
The conferees continue to be concerned about the threat of domestic
terrorism, particularly involving the use of weapons of mass destruction
(WMD), and the ability of the Federal Government to counter this threat.
The conferees note that the Comptroller General has published a series
of reports on federal programs to combat domestic terrorism, documenting
the progress and problems in organizing and preparing to respond to a
domestic terrorist incident.
The conferees agree to a provision that would require the
Comptroller General to provide an updated report to Congress, not later
than 180 days after enactment of this Act, on federal strategy, policy
and programs to combat domestic terrorism. The conferees direct the
Comptroller General to include in the report on combating domestic
terrorism a discussion of the following issues: lead agency
responsibility for crisis and consequence management; adequacy of
existing plans formulated by the various federal agencies; threat and
risk assessments; command and control structures; exercises, including a
thorough assessment of the recent Top Official Exercise 2000;
cyberterrorism; and research and development efforts of new
technologies.
SUBTITLE E--STRATEGIC FORCES
Revised nuclear posture review (sec. 1041)
The Senate amendment contained a provision (sec. 1015) that would
require the Secretary of Defense, in consultation with the Secretary of
Energy, to conduct a comprehensive review of the nuclear posture of the
United States for the next 5 to 10 years.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees direct the Secretary of Defense, in conducting the
revised nuclear posture review, to consult with the Secretary
of Energy only on those matters that relate to the nuclear
weapons stockpile. The conferees urge the Secretary of Defense to
consider, in conducting the revised nuclear posture review, the results
of the report on strategic stability under START III, as required by
section 1503 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106 65).
Plan for the long-term sustainment and modernization of
United States strategic nuclear forces (sec. 1042)
The Senate amendment contained a provision (sec. 1016) that would
require the Secretary of Defense, in consultation with the Secretary of
Energy, to develop a long-range plan for the sustainment and
modernization of United States strategic nuclear forces to counter
emerging threats and to satisfy the evolving requirements of deterrence.
The House bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in preparing the
plan, to consult with the Secretary of Energy only on those matters that
relate to the nuclear weapons stockpile.
Modification of scope of waiver authority for limitation on
retirement or dismantlement of strategic nuclear delivery systems (sec.
1043)
The Senate amendment contained a provision (sec. 1017) that would:
(1) amend section 1302(b) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105 85) to clarify that the waiver
contained in that section applies to all of the strategic nuclear
delivery systems specified in section 1302(a); and (2) following
completion of a new nuclear posture review, allow the President to waive
the limitation on retirement or dismantlement of strategic nuclear
delivery systems if the President determines that it is in the national
security interests of the United States to do so.
The House bill contained no similar provision.
The House recedes with an amendment that would amend section 1302(b)
of the National Defense Authorization Act for Fiscal Year 1998 to modify
the waiver contained in that section to apply to all of the strategic
nuclear delivery systems specified in section 1302(a).
Report on the defeat of hardened and deeply buried targets (sec. 1044)
The Senate amendment contained a provision (sec. 1018) that would
require the Secretaries of Defense and Energy to assess requirements and
options for defeating hardened and deeply buried targets. The provision
would expressly authorize the Department of Energy (DOE) to conduct any
limited research and development that may be necessary to complete such
assessments.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that a recent legal interpretation of existing
law raised questions regarding whether DOE could participate in or
otherwise support certain Department of Defense (DOD) studies and
options assessments for defeating hardened and deeply buried targets.
This expressly allows DOE to assist DOD with a review of these targets
and the options for defeating such targets. The conferees believe that
DOE should provide information and other assistance required to help DOD
make informed decisions on whether: (1) to proceed with a new method of
defeating hardened and deeply buried targets; and (2) to seek any
necessary modifications to existing law.
The conferees are concerned that the ability to defeat hardened and
deeply buried targets will continue to be a significant challenge for
the foreseeable future.
Sense of Congress on the maintenance of the Strategic Nuclear
Triad (sec. 1045)
The Senate amendment contained a provision (sec. 1019) that would
express a sense of the Senate that, in light of the potential for
further arms control agreements with the Russian Federation limiting
strategic forces: (1) it is in the national interest of the United
States to maintain a robust and balanced triad of strategic nuclear
delivery systems; and (2) reductions to U.S. conventional bomber
capability are not in the national interest of the United States.
The House bill contained no similar provision.
The House recedes with an amendment that would express a sense of
Congress on this matter.
SUBTITLE F--MISCELLANEOUS REPORTING REQUIREMENTS
Management review of working-capital fund activities (sec. 1051)
The Senate amendment contained a provision (sec. 1030) that would
require the Comptroller General to review working-capital fund
activities and identify potential process or policies that would result
in more efficient and economical operations of those activities.
The House bill amendment contained no similar provision.
The House recedes.
Report on submarine rescue support vessels (sec. 1052)
The Senate amendment contained a provision (sec. 1031) that would
require the Secretary of the Navy to report on the plan for providing
submarine rescue support vessels through fiscal year 2007.
The House bill contained no similar provision.
The House recedes.
Report on Federal Government progress in developing
information assurance strategies (sec. 1053)
The Senate amendment contained a provision (sec. 1032) that would
require the Federal Government to report on the status of implementation
of information assurance strategies outlined in Presidential Decision
Directive Number 63 and the roles and responsibilities of the Department
of Defense in defending against attacks on the critical infrastructure
of the United States.
The House bill contained no similar provision.
The House recedes with a clarifying amendment on the scope, timing,
and requirements of the information reported to Congress.
Department of Defense process for decisionmaking in cases of
false claims (sec. 1054)
The Senate amendment contained a provision (sec. 1065) that would
require the Secretary of Defense to submit to Congress a report
describing the policies and procedures for Department of Defense
decisionmaking under the Civil False Claims Act (31 U.S.C. 3729 et seq.)
and any changes made in the policies and procedures since January 1,
2000.
The House bill contained no similar provision.
The House recedes with an amendment requiring that the report also
address the manner in which the policies and procedures have been
implemented.
SUBTITLE G--GOVERNMENT INFORMATION SECURITY REFORM
Government information security reform (secs. 1061 1065)
The Senate amendment contained a series of provisions (secs. 1401
1405) that would provide for reform of federal information security
practices.
The House bill contained no similar provision.
The House recedes with an amendment that would simplify audit and
evaluation requirements and would clarify the roles and responsibilities
of the Department of Defense (DOD).
The amendment would establish a new subchapter of title 44, United
States Code, addressing the responsibilities of the Office of Management
and Budget (OMB) and federal agencies in the area of information
security. This new subchapter would remain in effect for two years after
the effective date of the provision. The amendment would provide
specific guidance on the responsibilities of certain agencies including
the DOD. The amendment would also address the relationship between the
defense information assurance program established under section 2224,
title 10, United States Code, and the government-wide information
security program.
The conferees note that the conference agreement would provide the
DOD authority to implement its own information assurance policy in
accordance with the requirements of section 2224, title 10, United
States Code. The amendment would require the Director of OMB to delegate
policy and oversight authority with regard to national security systems,
classified systems, and other critical information systems of the
Department of Defense and Intelligence Community to the Secretary of
Defense, the Director of Central Intelligence, and, if designated by the
President, an additional agency head. These agencies would be directed
to develop their own information security policies, principles,
standards, and guidelines. For the DOD, these policies, principles,
standards and guidelines would be required to cover the full range of
information assurance issues addressed in section 2224 of title 10,
United States Code.
SUBTITLE H--SECURITY MATTERS
Limitation on granting of security clearances (sec. 1071)
The Senate amendment contained a provision (sec. 1074) that would
prohibit any officer, employee, or contractor of the Department of
Defense, or any member of the armed forces, from receiving a security
clearance if that person: (1) has been convicted in any court within the
United States and sentenced to imprisonment for a term exceeding 1 year;
(2) is an unlawful user of, or addicted to any controlled substance; (3)
is currently mentally incompetent; or (4) has been discharged from the
armed forces under dishonorable conditions.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
Secretary of Defense or the secretaries of the military departments to
waive this provision in meritorious cases for persons who would
otherwise be prohibited from receiving a security clearance.
Process for prioritizing background investigations for
security clearances for Department of Defense personnel and defense
contractor personnel (sec. 1072)
The Senate amendment contained a provision (sec. 1043) that would
require the Secretary of Defense to establish a process for prioritizing
background investigations for security clearances for Department of
Defense personnel.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to establish a process for prioritizing background
investigations for security clearances for Department
of Defense personnel and contractors of the Department of Defense.
Authority to withhold certain sensitive information from
public disclosure (sec. 1073)
The Senate amendment contained a provision (sec. 1044) that would
authorize the Secretary of Defense, the Secretary of Transportation, and
the Secretary of Energy to withhold from public disclosure otherwise
authorized by law sensitive information provided by a foreign government
or an international organization which is itself protecting the
information from disclosure. The provision would not authorize the
withholding of information from Congress or, except in the case of
foreign intelligence or counterintelligence activities, the Comptroller
General.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Expansion of authority to exempt geodetic products of the
Department of Defense from public disclosure (sec. 1074)
The Senate amendment contained a provision (sec. 916) that would
expand the authority of the Secretary of Defense to exempt geodetic
products from public disclosure.
The House bill contained no similar provision.
The House recedes.
Expenditures for declassification activities (sec. 1075)
The House bill contained a provision (sec. 1035) that would: (1)
Clarify section 230 of Title 10, United States Code; (2) limit the
amount of funds expended during fiscal year 2001 by the Department of
Defense to carry out declassification activities; and (3) prohibit the
Department of Defense, as part of a special search, from being required
to compile records that have already been declassified.
The Senate amendment contained no similar provision.
The Senate recedes.
Enhanced access to criminal history record information for
national security and other purposes (sec. 1076)
The Senate amendment contained a provision (sec. 1057) that would
amend section 9101 of title 5, United States Code, to provide expanded
access to criminal history information by the Department of Defense and
certain other executive departments and agencies. The provision would
expand the authority to cover acceptance or retention in the armed
forces, and appointment, retention, or assignment to a position of
public trust or a critical employee. It would also authorize the Federal
Government to obtain the information through the use of common
identifiers, such as names, and would prohibit states and localities
from conditioning the provision of such information on indemnification
agreements.
The House bill contained no similar provision.
The House recedes with an amendment that would strike the
authorization of the use of common identifiers and the prohibition on
the requirement of indemnification agreements, and would repeal a
superseded provision of law.
Two-year extension of authority to engage in commercial
activities as security for intelligence collection activities (sec.
1077)
The Senate amendment contained a provision (sec. 1071) that would
extend the authority provided by section 431(a) of Title 10, United
States Code, by two years.
The House bill contained no similar provision.
The House recedes.
Coordination of nuclear weapons secrecy policies and
consideration of health of workers at former Department of Defense
nuclear facilities (sec. 1078)
The Senate amendment contained a provision (sec. 1077) that would:
(1) Require the Secretary of Defense, in consultation with the Secretary
of Energy, to ensure that secrecy policies do not prevent or discourage
employees at former nuclear weapons facilities who may have been exposed
to radioactive or other hazardous substances from discussing such
exposures with appropriate health care providers; and (2) seek to
identify individuals who are or were employed at sites that no longer
store, assemble, disassemble, or maintain nuclear weapons, and, upon
determination that such individuals may have been exposed to radioactive
or hazardous substances, notify such individuals about any such
exposure, including an explanation of how employees can discuss
exposures with health care providers.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the Department of Defense operates a number
of sites not engaged in the manufacture or storage of nuclear weapons
that may nonetheless have exposed workers to hazardous substances. The
conferees agree that the Secretary of Defense shall address in the
review and notifications described in this provision workers exposed to
radioactive or other hazardous materials at all such facilities where
secrecy policies may otherwise pose an obstacle to seeking medical
advice and treatment.
SUBTITLE I--OTHER MATTERS
Funds for administrative expenses under Defense Export Loan
Guarantee program (sec. 1081)
The House bill contained a provision (sec. 1031) that would amend
section 2540c of title 10, United States Code, to provide authority to
the Secretary of Defense to fund administrative expenses under the
Defense Export Loan Guarantee (DELG) Program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit to the Congress a report on the operation
of the DELG Program and a determination as to which Defense Department
agency, office, or other activity should administer, manage, and oversee
the loan guarantee program. The conferees direct the Secretary to submit
the report and determination to Congress prior to providing funds for
DELG Program administrative expenses.
The conferees note that during four years of loan program
operations, the Secretary has provided limited, ad hoc resources to
implement the program. The conferees urge the Secretary to take such
actions as directed so as to utilize expeditiously the authority to fund
administrative expenses for the DELG Program.
Transit pass program Department of Defense personnel in poor
air quality areas (sec. 1082)
The Senate amendment contained a provision (sec. 1055) that would
direct the Secretary of Defense to, within 180 days of enactment of this
Act, implement the transit pass program authorized in section 7905 of
title 5, United States Code, in any area in the United States that does
not meet the revised national ambient air quality standards under
section 109 of the Clean Air Act (42 U.S.C. 7409).
The House bill contained no similar provision.
The House recedes.
Transfer of Vietnam-era TA 4 aircraft to a non-profit
foundation (sec. 1083)
The House bill contained a provision (sec. 1033) that would
authorize the transfer of an excess TA 4 aircraft to the non-profit
Collings Foundation at no cost to the government.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require that the
Collings Foundation demilitarize the aircraft within one year.
Transfer of 19th century cannon to museum (sec. 1084)
The House bill contained a provision (sec. 1034) that would
authorize the Secretary of the Army to convey to the Cannonball House
Museum in Macon, Georgia, a 12 pound Napoleon cannon with historical
ties to the City of Macon.
The Senate amendment contained a similar provision (sec. 1059).
The Senate recedes with a clarifying amendment.
Fees for providing historical information to the public (sec. 1085)
The Senate amendment contained a provision (sec. 1056) that would
authorize the secretaries of the military departments to charge the
public fees for providing historical information from the services
historical centers or agencies. These fees could be retained by the
military departments to defray the costs of responding to requests for
such information. The fees charged pursuant to this section could not
exceed the costs of providing the information, and would not apply to
requests from members of the armed forces or federal employees made in
the course of their duties, or to requests under the Freedom of
Information Act (5 U.S.C. 552).
The House bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General to provide a report to
the Committees on Armed Services of the Senate and House of
Representatives one year after the implementation of this provision by
the military departments. The report should provide data on the fees
collected for such information, and compare those sums with the actual
costs to each military department of responding to such requests.
Grants to American Red Cross for Armed Forces emergency
services (sec. 1086)
The Senate amendment contained a provision (sec. 1054) that would
authorize the Secretary of Defense to make a grant to the American Red
Cross up to $9.4 million in each of fiscal years 2001, 2002, and 2003.
Such a grant could not be made until the American Red Cross certifies
that it will expend, for the Armed Forces Emergency Services, an amount
from non-federal sources that equals or exceeds the amount of the grant.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Technical and clerical amendments (sec. 1087)
The House bill contained a provision (sec. 1032) that would make
various technical and clerical amendments to existing law.
The Senate amendment contained similar provisions (secs. 602 and 1052).
The Senate recedes with an amendment that would combine the provisions.
Maximum size of parcel post packages transported overseas for
Armed Forces post offices (sec. 1088)
The Senate amendment contained a provision (sec. 1060) that would
increase the authorized size of packages permitted to be
mailed to eligible patrons of military post offices overseas
to conform with those of the United States Postal Service.
The House bill contained no similar provision.
The House recedes.
Sense of Congress regarding tax treatment of members
receiving special pay for duty subject to hostile fire or imminent
danger (sec. 1089)
The Senate amendment contained a provision (sec. 1064) that would
express a sense of the Senate that members of the armed forces who
receive special pay for duty subject to hostile fire or imminent danger
should receive the same tax treatment as members serving in combat
zones.
The House bill contained no similar provision.
The House recedes with an amendment that would express the sense of
Congress that tax treatment should be the same for special pay for duty
subject to hostile for imminent danger and combat zone pay.
Organization and management of the civil air patrol (sec. 1090)
The House bill contained a provision (sec. 906) that would codify
the agreement recently reached between the Secretary of the Air Force
and the leadership of the Civil Air Patrol regarding the Civil Air
Patrol's status as a volunteer civilian auxiliary of the Air Force.
The Senate amendment contained a similar provision.
The Senate recedes with an amendment that would not allow contract
employees of the Air Force to commit federal resources in support of the
Civil Air Patrol.
The amendment would also not require a minimum salary for these
contract employees.
Additional duties for the Commission to Assess United States
National Security Space Management and Organization (sec. 1091)
The Senate amendment contained a provision (sec. 907) that would
amend section 1622 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65) to specify additional duties for the
Commission to Assess United States National Security Space Management
and Organization.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Commission on the future of the United States aerospace
industry (sec. 1092)
The House bill contained a provision (sec. 1039) that would require
the President to establish a commission to assess the future of the U.S.
aerospace industry and to recommend actions to be taken by the Federal
Government to support the ability of the U.S. aerospace industry to
remain robust in the future.
The Senate amendment contained a similar provision (sec. 1061).
The House recedes with an amendment that would clarify the scope and
requirements of the study. The conferees intend for the commission to
provide guidance and insight to the next Administration as early as
possible. Accordingly, the commission should plan to submit an interim
report to the administration and the Congress outlining the areas the
commission proposes to review and any preliminary findings.
Drug addiction treatment (sec. 1093)
The conference agreement includes a provision that would permit
certain physicians to prescribe certain narcotic drugs to assist in
combating heroin addiction.
LEGISLATIVE PROVISIONS NOT ADOPTED
Annual OMB/CBO joint report on scoring budget outlays
The Senate amendment contained a provision (sec. 1004) that would
make minor administrative changes to the joint annual Office of
Management and Budget/Congressional Budget Office (OMB/CBO) report on
the scoring of budget outlays.
The House bill amendment contained no similar provision.
The Senate recedes.
Authority to provide headstones or markers for marked graves
or otherwise commemorate certain individuals
The Senate amendment contained a provision (sec. 1067) that would
require the Secretary of Veterans Affairs to, upon request, provide a
headstone or marker for the marked or unmarked grave of the individual
or at some other area appropriate for the purpose of commemorating the
individual.
The House bill contained no similar provision.
The Senate recedes.
Breast cancer stamp extension
The Senate amendment contained a provision (sec. 1073) that would
extend by two years the authorization for the breast cancer semipostal
stamp.
The House bill contained no similar provision.
The Senate recedes.
Comprehensive study and support for criminal investigations
and prosecutions by state and local law enforcement officials
The Senate amendment contained a provision (sec. 1068) that would
require the Comptroller General to collect data and conduct a study of
comparative treatment of hate crimes in jurisdictions having laws
dealing specifically with such crimes and those having no such laws, and
to submit a report to Congress. The provision would further authorize
the Attorney General, upon request and where special circumstances
existed, to provide assistance in the criminal investigation or
prosecution of any hate crime. The Attorney General would be further
authorized to make grants to states and localities to assist them in the
investigation and prosecution of hate crimes.
The House bill contained no similar provision.
The Senate recedes.
Local Law Enforcement Enhancement Act of 2000
The Senate amendment contained several provisions (sec. 1501 1510)
that would constitute the ``Local Law Enforcement Act of 2000.'' The
Attorney General, at the request of a state or Indian tribe law
enforcement official, could provide assistance in the investigation or
prosecution of certain hate crimes. The Attorney General could also
award grants to state, local, and Indian tribe law enforcement officials
to assist with the investigation and prosecution of such crimes. Chapter
13 of title 18, United States Code, would be amended to establish a
substantive federal prohibition of certain specific hate crime acts. No
prosecution could be undertaken under this provision without
certification from the Attorney General or certain other officials of
the Department of Justice.
The House bill contained no similar provision.
The Senate recedes.
Plan to ensure compliance with financial management requirements
The House bill contained a provision (sec. 1006) that would require
the Secretary of Defense to submit to the Congress a plan to ensure
compliance by the Department of Defense, not later than October 1, 2001,
with all statutory and regulatory financial management requirements.
The Senate amendment contained no similar provision.
The House recedes.
Protection of operational files of the Defense Intelligence Agency
The Senate amendment contained a provision (sec. 1045) that would
authorize the Secretary of Defense to withhold from public disclosure
the operational files of the Defense Intelligence Agency (DIA). These
files would be protected from disclosure to the same extent as provided
for under section 701 of the National Security Act of 1947 (50 U.S.C.
431). The provision would also make applicable to these files the
decennial review of provisions of section 702 of that Act (50 U.S.C.
432), with the Secretary exercising the authority granted to the
Director of Central Intelligence under that section.
The House bill contained no similar provision.
The Senate recedes.
Repeal of certain provisions shifting outlays from one fiscal
year to another
The House bill contained a provision (sec. 1004), that would repeal
two provisions of the Department of Defense Appropriations Act for
Fiscal Year 2000 (Public Law 106 79) concerning the Prompt Payment Act
and the shifting of pay days for federal employees. The conferees note
that similar provisions were enacted into law in the Emergency
Supplemental Appropriations Act, 2000 (Public Law 106 246).
The Senate amendment contained similar provisions (secs. 1006 and
1010).
The House and Senate recede.
Report to the Congress regarding extent and severity of child poverty
The Senate amendment contained a provision (sec. 1062) that would
require the Secretary of Health and Human Services to, not later than
June 1, 2001, report to the Congress on the extent and severity of child
poverty in the United States.
The House bill contained no similar provision.
The Senate recedes.
Sense of the Senate concerning long-term economic development
aid for communities rebuilding from hurricane Floyd
The Senate amendment contained a provision (sec. 1066) that would
express the sense of the Senate that additional community and regional
development funding should be appropriated to assist communities in need
of long-term economic development aid as a result of damage suffered by
Hurricane Floyd.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that additional economic assistance for the
victims of natural disasters was provided in the Emergency Supplemental
Act, 2000 (Public Law 106 246).
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--CIVILIAN PERSONNEL MANAGEMENT GENERALLY
Employment and compensation of employees for temporary
organizations established by law or executive order (sec. 1101)
The House bill contained a provision (sec. 1101) that would provide
legislative and executive agencies the flexibility to use a streamlined
process to hire and pay employees for temporary organizations
established by law or executive order.
The Senate amendment contained a similar provision (sec. 1106).
The House recedes with an amendment that would limit the term of the
management flexibility to three years, would designate the head of the
temporary activity as the appointing authority for the temporary
employees, and would limit the health and life insurance benefits to the
same benefit as that afforded other temporary civil service employees.
Assistive technology accommodations program (sec. 1102)
The Senate amendment contained a provision (sec. 1101) that would
authorize the Secretary of Defense to expand the Computer/Electronic
Accommodations Program to provide assistive technology services to any
department or agency of the Federal Government.
The House bill contained no similar provision.
The House recedes with an amendment that would restore the funding
for this program to the Defense Health Program.
Extension of authority for voluntary separations in
reductions in force (sec. 1103)
The House bill contained a provision (sec. 1104) that would extend,
until September 30, 2005, the authority of the Secretary of Defense to
allow certain civilian employees to volunteer for separation under
reduction in force procedures even though those employees would not
otherwise be subject to separation.
The Senate amendment contained a similar provision (sec. 1107).
The House recedes.
Electronic maintenance of performance appraisal systems (sec. 1104)
The Senate amendment contained a provision (sec. 1108) that would
authorize the head of an executive branch agency to administer and to
maintain the performance appraisal system electronically.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Study on civilian personnel services (sec. 1105)
The Senate amendment contained a provision (sec. 1112) that would
require the Secretary of Defense to establish a four-year public-private
competition pilot program to assess the extent to which the
effectiveness and efficiency of providing civilian personnel services
could be increased by conducting competitions for the performance of
such services between the public and private sectors.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to study whether civilian personnel services could be
enhanced by public-private competition and report to the Committees on
Armed Services of the Senate and the House of Representatives, and
include, if appropriate, a proposal for a demonstration program that
would test such a concept.
SUBTITLE B--DEMONSTRATION AND PILOT PROGRAMS
Pilot program for reengineering the equal employment
opportunity complaint process (sec. 1111)
The House bill contained a provision (sec. 1106) that would
authorize the Secretary of the Navy to carry out a five-year pilot
program to demonstrate improved processes for the resolution of equal
employment opportunity complaints.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to conduct a three-year pilot program to
demonstrate improved processes for the resolution of equal employment
opportunity complaints in a minimum of one military department and two
defense agencies, and would require a report to the Committees on Armed
Services of the Senate and the House of Representatives not later than
two years after initiation of the pilot program.
Work safety demonstration program (sec. 1112)
The Senate amendment contained a provision (sec. 1105) that would
direct the Secretary of Defense to conduct a two-year work safety
demonstration program in which private sector work safety models would
be used to determine whether the work safety record of civilian
employees of Department of Defense can be improved.
The House bill contained no similar provision.
The House recedes.
Extension, expansion, and revision of authority for
experimental personnel program for scientific and technical personnel
(sec. 1113)
The Senate amendment contained a provision (sec. 1113) that would
extend, expand, and revise the authority for the experimental civilian
personnel program for scientific and technical personnel previously
authorized in section 1101 of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106 65) to expand the number of positions in the Defense
Advanced Research Projects Agency from 20 to 40 and would extend the
authority to the military departments for use in the defense
laboratories, the National Imagery and Mapping Agency, and the National
Security Agency.
The House bill contained no similar provision.
The House recedes.
Clarification of personnel management authority under
personnel demonstration project (sec. 1114)
The Senate amendment contained a provision (sec. 1114) that would
provide direct hiring authority to the defense laboratory directors to
appoint individuals and fix their compensation without the review or
approval of any official or agency other than the Under Secretary of
Defense for Acquisition, Technology and Logistics.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
Secretary of Defense to establish and to operate demonstration programs
in the defense laboratories without the review or approval of the Office
of Personnel Management and would raise the limit on compensation that
may be provided to laboratory employees under a demonstration project.
The amendment would authorize the Secretary of Defense to appoint
individuals and fix their compensation without the review or approval of
the Office of Personnel Management or any other outside official or
agency.
The conferees believe that this is the single most important step
the Secretary of Defense could take to enable the defense laboratories
to compete with the private sector for scientific talent, and that the
applicable requirements could adequately be addressed through
after-the-fact review. The conferees urge the Secretary of Defense to
provide the laboratory directors with direct hiring authority, as
authorized by this section.
SUBTITLE C--EDUCATIONAL ASSISTANCE
Restructuring the restriction on degree training (sec. 1121)
The House bill contained a provision (sec. 1102) that would
authorize the Secretary of Defense to pay tuition for a civilian
employee to obtain an academic degree if that degree training occurs at
an accredited institution and is part of a planned Department of Defense
professional development program.
The Senate amendment contained a similar provision (sec. 1118).
The Senate recedes.
Student loan repayment programs (sec. 1122)
The Senate amendment contained a provision (sec. 1069) that would
require the Director of the Office of Personnel Management to, not later
than 240 days after enactment of this Act, issue regulations that would
implement the student loan repayment program, would eliminate the
restriction on repayment of student loans to professional, technical, or
administrative personnel, and would include federal student loan
repayment programs established since enactment of earlier statutory
authority.
The House bill contained no similar provision.
The House recedes.
Extension of authority for tuition reimbursement and training
for civilian employees in the defense acquisition workforce (sec. 1123)
The House bill contained a provision (sec. 1103) that would extend
the ``shortage of personnel'' designation for qualified civilian
acquisition personnel of the Department of Defense until September 30,
2005, in order to permit such personnel to qualify for reimbursement of
expenses for training and tuition.
The Senate amendment contained a similar provision (sec. 1104).
The House recedes.
SUBTITLE D--OTHER BENEFITS
Additional special pay for foreign language proficiency
beneficial for United States national security interests (sec. 1131)
The Senate amendment contained a provision (sec. 1102) that would
authorize the Secretary of Defense to provide additional pay for
civilian employees who maintain a foreign language proficiency
determined to be beneficial for national security interests.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the additional
pay for maintaining proficiency in a foreign language to those who agree
to deploy to an area in which the foreign language is determined to be
critical to the national security interests.
Approval authority for cash awards in excess of $10,000 (sec. 1132)
The Senate amendment contained a provision (sec. 1109) that would
authorize the Secretary of Defense to grant a cash award up to the
maximum of $25,000 without seeking approval from the Office of Personnel
Management.
The House bill contained no similar provision.
The House recedes.
Leave for crews of certain vessels (sec. 1133)
The Senate amendment contained a provision (sec. 1110) that would
authorize the Military Sealift Command to pay civil service mariners, in
an extended leave status, a lump-sum equal to the difference between
their pay at a temporary promotion rate and their lower permanent grade
rates.
The House bill contained no similar provision.
The House recedes.
Life insurance for emergency essential Department of Defense
employees (sec. 1134)
The Senate amendment contained a provision (sec. 1111) that would
authorize civilian employees designated by the Secretary of Defense as
emergency essential and subject to being deployed to combat areas to
elect to participate in the Federal Employees Group Life Insurance
program.
The House bill contained no similar provision.
The House recedes.
SUBTITLE E--INTELLIGENCE CIVILIAN PERSONNEL
Expansion of defense civilian intelligence personnel system
positions (sec. 1141)
The House bill contained a provision (sec. 1105) that would
authorize the Secretary of Defense to create positions within the
defense civilian intelligence personnel system outside the designated
intelligence components of the Department of Defense.
The Senate amendment contained no similar provision.
The Senate recedes.
Increase in number of positions authorized for the Defense
Intelligence Senior Executive Service (sec. 1142)
The Senate amendment contained a provision (sec. 1103) that would
increase, by 25, the number of positions authorized for the defense
intelligence senior executive service.
The House bill contained no similar provision.
The House recedes.
The conferees note that the 25 additional positions are authorized
for the entire defense intelligence community and are not intended to be
allocated to any single agency within the defense intelligence
community. The conferees direct the Secretary of Defense to report to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than March 15, 2001, on how the additional
senior executive service positions are allocated within the defense
intelligence community.
SUBTITLE F--VOLUNTARY SEPARATION INCENTIVE PAY AND EARLY RETIREMENT
AUTHORITY
Voluntary separation incentive pay and early retirement
authority (secs. 1151 1153)
The House bill contained a provision (sec. 1107) that would provide
temporary authority to the Secretary of the Air Force to use voluntary
separation incentives and voluntary early retirement authority for
restructuring the work force to separate up to 1000 civilian employees
during each calendar year through December 31, 2003.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide temporary
authority to the Secretary of Defense to use voluntary separation
incentives and voluntary early retirement authority for workforce
restructuring to meet mission needs, achieve one or more strength
reductions, correct skill imbalances or reduce the number of high-grade,
managerial, or supervisory positions. The temporary authority to use the
voluntary separation incentives in fiscal year 2001 is limited to 1000
employees. The temporary authority to use voluntary separation
incentives and the voluntary early retirement authority in each of
fiscal years 2002 and 2003 is limited to 4000 employees. The Secretary
of Defense may only carry out these programs in fiscal years 2002 and
2003 with respect to workforce restructuring to the extent provided in a
law enacted by the 107th Congress.
LEGISLATIVE PROVISIONS NOT ADOPTED
Department of Defense employee voluntary early retirement authority
The Senate amendment contained a provision (sec. 1117) that would
revise the authority for using voluntary early retirement authority
within the Department of Defense to include restructuring of the
workforce.
The House bill contained no similar provision.
The Senate recedes.
Extension of authority for voluntary separations in reductions in force
The Senate amendment contained a provision (sec. 1115) that would
extend the authority for voluntary separations during reduction in force
actions.
The House bill contained no similar provision.
The Senate recedes.
Extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early retirement
The Senate amendment contained a provision (sec. 1116) that would
extend the authority for voluntary separation incentive pay and
voluntary early retirement through September 30, 2005, and would revise
the authority for using the voluntary separation incentive pay within
the Department of Defense to include restructuring of the workforce.
The House bill contained no similar provision.
The Senate recedes.
Strategic plan
The Senate amendment contained a provision (sec. 1119) that would
require the Secretary of Defense to submit a strategic plan to the
congressional defense committees not later than six months after
enactment of this Act and before exercising any of the authorities for
workforce restructuring.
The House bill contained no similar provision.
The Senate recedes.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--MATTERS RELATED TO ARMS CONTROL
Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities (sec. 1201)
The House bill contained a provision (sec. 1201) that would extend,
through fiscal year 2001, the authority of the Department of Defense to
support United Nations-sponsored inspection and monitoring efforts to
ensure full Iraqi compliance with its international obligations to
destroy its weapons of mass destruction and associated delivery systems.
The provision would limit the assistance that could be provided by the
Secretary of Defense to $15.0 million for fiscal year 2001.
The Senate amendment contained an identical provision (sec. 1202).
The conference agreement includes this provision.
Support of consultations on Arab and Israeli arms control and
regional security issues (sec. 1202)
The Senate amendment contained a provision (sec. 1211) that would
authorize up to $1.0 million from Defense-wide Operation and Maintenance
accounts for the support of programs to promote informal, region-wide
consultations among Arab, Israeli, and U.S. officials and experts on
arms control and security issues concerning the Middle East region.
The House bill contained no similar provision.
The House recedes with an amendment that would expand the scope of
the programs to include formal consultations.
Furnishing of nuclear test monitoring equipment to foreign
governments (sec. 1203)
The Senate amendment contained a provision (sec. 1206) that would
authorize the Secretary of Defense to accept contributions from a
foreign government or other entities for the development, procurement,
installation, operation, repair, or maintenance of equipment for
monitoring nuclear test explosions, and to loan or convey nuclear test
monitoring equipment to a foreign government, subject to a required
agreement.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
Secretary of Defense to convey or to provide nuclear test monitoring
equipment to a foreign government, subject to a required agreement.
The conferees believe that section 2608 of title 10, United States
Code, already permits the Secretary of Defense to accept and to use
contributions for purposes specified in the Senate amendment. Therefore,
the conferees do not believe that additional authority is required. If
the Secretary, in consultation with the Office of Management and Budget,
determines that additional authority is required, the conferees are
willing to reevaluate this matter in the future.
Additional matters for annual report on transfers of
militarily sensitive technology to countries and entities of concern
(sec. 1204)
The Senate amendment contained a provision (sec. 1075) that would
require that the annual report required by section 1402 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106 65) on
transfers of militarily sensitive technology to countries of concern
include a description of actions taken on recommendations of inspectors
general contained in previous annual reports.
The House bill contained no similar provision.
The House recedes with a technical amendment.
SUBTITLE B--MATTERS RELATING TO THE BALKANS
Annual report assessing effect of continued operations in the
Balkans region on readiness to execute the national military strategy
(sec. 1211)
The House bill contained a provision (sec. 1202) that would amend
section 1035 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106 65) to make the report on the readiness impact of
U.S. military operations in the Balkans an annual report.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would sunset the reporting
requirement upon termination of U.S. military activities in the Balkans.
Situation in the Balkans (sec. 1212)
The House bill contained a provision (sec. 1203) that would require
the President to establish, not later than May 31, 2001, militarily
significant benchmarks for conditions that would achieve a sustainable
peace in Kosovo and ultimately allow for the withdrawal of the U.S.
military presence in Kosovo. In developing those benchmarks, the
Congress would urge the President to seek the concurrence of North
Atlantic Treaty Organization (NATO) member nations. The provision would
also require the President to develop a comprehensive political-military
strategy for addressing the political, economic, humanitarian and
military issues in the Balkans, and to establish near-term, mid-term and
long-term objectives in the region. Finally, the provision would require
the President to submit semiannual reports, beginning no later than June
30, 2001, on the progress being made in developing and implementing a
comprehensive political-military strategy, and the progress being made
in achieving the conditions established by the benchmarks.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the President
to submit a single semiannual report on the progress made in achieving
both the benchmarks for Kosovo and the benchmarks for Bosnia, as
required by section 7 of the 1998 Supplemental Appropriations and
Rescissions Act (Public Law 105 174), and would make other technical
modifications.
Semiannual report on Kosovo peacekeeping (sec. 1213)
The House bill contained a provision (sec. 1205) that would prohibit
the use of Department of Defense funds for the continued deployment of
U.S. ground combat troops in Kosovo after April 1, 2001, unless the
President certifies to the Congress, prior to April 1, 2001, that the
European Commission, the member nations of the European Union (EU), and
the European member nations of the North Atlantic Treaty Organization
(NATO) have provided specific amounts and types of assistance to the
peacekeeping operations in Kosovo. The provision would also require the
President to submit to the Congress, not later than April 30, 2001, a
plan for the withdrawal of U.S. ground combat troops from Kosovo, if the
President does not make the required certification; and submit a report
to the Congress detailing the commitments and contributions of various
European nations and organizations and the United Nations to the
peacekeeping operations in Kosovo.
The Senate amendment contained a similar provision (sec. 1205) that
would require a biannual report from the President to the Congress
detailing the commitments and contributions of various European nations
and organizations and the United Nations to the peacekeeping operations
in Kosovo.
The House recedes.
The conferees note that, since congressional action focused
attention on this issue earlier this year, European nations and
organizations have made progress in providing the assistance and
personnel they have pledged to peacekeeping operations in Kosovo. While
more needs to be done by the Europeans in providing needed resources to
the international community's operations, the conferees recognize that
the pace of the civil implementation effort in Kosovo has improved since
the beginning of the year. The conferees remain concerned, however, that
U.S. troops, and the troops of other nations serving in Kosovo continue
to perform a variety of non-military missions to compensate for
remaining shortfalls in the civil implementation effort. In recognition
of the fact that the United States bore the major share of the military
burden for the air war on behalf of Kosovo, European nations agreed to
pay the major share of the burden to secure the peace. The conferees
believe that the Europeans must fulfill that commitment. The report
required by this provision will provide the Congress with the
information necessary, on a regular basis, to evaluate the performance
of the nations and organizations covered by this provision in fulfilling
their commitments regarding Kosovo. It is the intention of the conferees
to pursue legislative options in the future if those commitments are not
fulfilled.
SUBTITLE C--NORTH ATLANTIC TREATY ORGANIZATION AND UNITED STATES FORCES
IN EUROPE
NATO fair burdensharing (sec. 1221)
The House bill contained a provision (sec. 1206) that would require
the Secretary of Defense to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives on the costs to
the United States of Operation Allied Force conducted against the
Federal Republic of Yugoslavia. The report would include: (1) the costs
of ordnance expended, fuel consumed, and personnel; (2) the estimated
cost of the reduced service life of U.S. weapons systems which
participated in the operation; and (3) whether and how the United States
is being compensated by
other NATO member nations for the costs of Operation Allied
Force. The provision also would require a report from the Secretary
whenever NATO undertakes a future military operation with the
participation of the United States. The report would include: (1) how
the costs of that operation are to be equitably distributed among the
NATO member nations; or (2) how the United States is to be compensated
by other NATO member nations, if the costs are borne disproportionately
by the United States. The report would be due 30 days after the
beginning of a military operation, or later, if the Secretary determines
that such a delay is necessary to avoid an undue burden to ongoing
operations.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would: (1) delete the
requirement for the Secretary to report on whether and how the United
States is being compensated by other NATO nations for the costs of
Operation Allied Force; (2) change the reporting requirement on future
NATO military operations to apply to all NATO operations, and to include
information on the contributions to that operation made by each of the
member nations of NATO and the contributions that each member nation of
NATO makes or has pledged to make during any follow-on operation; and,
(3) require the report on future operations to be submitted not later
than 90 days after the completion of the military operation.
Repeal of restriction preventing cooperative airlift support
through acquisition and cross-servicing agreements (sec. 1222)
The Senate amendment contained a provision (sec. 1203) that would
amend section 2350c of title 10, United States Code, to repeal the
restriction that authorizes the Secretary of Defense to enter into
military airlift agreements with allied countries only under the
authority of section 2350c.
The House bill contained no similar provision.
The House recedes.
GAO study on the benefits and costs of the United States
military engagement in Europe (sec. 1223)
The House bill contained a provision (sec. 1207) that would require
the Comptroller General to conduct a study assessing the value to the
United States and its national security interests gained from the
engagement of U.S. Armed Forces in Europe and from military strategies
used to shape the international security environment in Europe. The
study would include an assessment of a number of issues related to the
U.S. military presence in Europe and the contributions made by the
European allies of the United States. The report would be submitted to
the Committees on Armed Services of the Senate and House of
Representatives not later than March 1, 2001.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would change the report to
a study of the benefits and costs of U.S. military engagement in Europe
and change the date for the submission of the report to December 1,
2001.
SUBTITLE D--OTHER MATTERS
Joint data exchange center with Russian Federation on early
warning systems and notification of ballistic missile launches (sec.
1231)
The Senate amendment contained a provision (sec. 1213) that would
authorize the Secretary of Defense to establish, in conjunction with the
Government of the Russian Federation, a United States-Russian Federation
joint center for the exchange of data from early warning systems and for
notification of missile launches.
The House bill contained no similar provision.
The House recedes with an amendment that would: (1) authorize the
Secretary of Defense to establish a U.S.-Russian Federation joint center
for the exchange of data from early warning systems and for notification
of missile launches; (2) require that the Secretary submit a report to
the Armed Services Committees of the Senate and the House of
Representatives on plans for the joint data exchange center; and (3)
prohibit the obligation of more than $4.0 million of fiscal year 2001
funds for establishment of the joint data exchange center until 30 days
after the date on which the Secretary submits a copy of a written
agreement between the United States and Russia providing the details of
the cost-sharing arrangement required in the Memorandum of Agreement of
June 4, 2000.
Report on sharing and exchange of ballistic missile launch
early warning data (sec. 1232)
The Senate amendment contained a provision (sec. 1029) that would
require the Secretary of Defense to report on the feasibility and
advisability of establishing a center at which missile launch early
warning data from the United States and other nations would be made
available to nations concerned with the launch of ballistic missiles.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to report on current and planned activities of the Department
of Defense with respect to the sharing and exchange with other countries
of early warning data concerning ballistic missile launches. The report
shall include the Secretary's assessment of the benefits and risks of
sharing such data with other countries on a bilateral or multilateral
basis.
Annual report of Communist Chinese military companies
operating in the United States (sec. 1233)
The House bill contained a provision (sec. 1208) that would express
the sense of Congress that the Secretary of Defense has not complied
with requirements of section 1237 of the Strom Thurmond National Defense
Act for Fiscal Year 1999 (Public Law 105 261) to publish and update a
list of Communist Chinese military companies operating in the United
States.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate the sense
of Congress and would amend section 1237 to require the Secretary to
report on, rather than publish, a list of Communist Chinese military
companies operating in the United States. The Secretary would be
directed to submit that report to the following: the Committee on Armed
Services of the House of Representatives; the Committee on Armed
Services of the Senate; the Secretary of State; the Secretary of the
Treasury; the Attorney General; the Secretary of Commerce; the Secretary
of Energy; and the Director of Central Intelligence.
Adjustment of composite theoretical performance levels of
high performance computers (sec. 1234)
The House bill contained a provision (sec. 1209) that would amend
section 1211 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105 85) to limit to 60 days, excluding days when the
Congress is not in session because of an adjournment sine die, the time
period for congressional review of a presidential change to the export
control levels for high performance computers prior to that change going
into effect.
The Senate amendment contained an identical provision (sec. 1214).
The conference agreement includes this provision.
The conferees believe that the administration needs to adequately
assess the national security implications of commercial technological
diffusion before new export levels are proposed. For that reason, the
conferees direct the Secretary of Defense and the Director for Central
Intelligence to jointly submit to Congress, not later than April 1,
2001, a report on the national security implications of trends in the
research and development, manufacture, use, and proliferation of
information technology in the commercial sector.
The report shall include a discussion of the following matters: (1)
whether commercially available information technology has been or could
be used for military and intelligence purposes by foreign nations and
terrorist organizations, and the threats that such uses could pose to
U.S. national security interests; (2) the advisability of inserting
commercially available information technology as components into U.S.
weapons systems, together with a discussion of the challenges associated
with doing so; (3) whether the United States has the ability to control
the proliferation of commercially available information technology
effectively through unilateral or multilateral export control regimes;
and (4) the identification of critical commercially available
information technologies and associated knowledge for which unilateral,
multilateral, or alternative export controls may be needed in the
preservation of U.S. national security interests. The report should also
consider the advisability of establishing a center to assess the
military utility of commercially available information technology
produced by both U.S. and foreign commercial sectors.
Increased authority to provide healthcare services as
humanitarian and civic assistance (sec. 1235)
The Senate amendment contained a provision (sec. 321) that would
allow under-served areas, as well as rural areas, to receive medical,
dental, and veterinary services through the humanitarian and civic
assistance program.
The House bill contained no similar provision.
The House recedes.
The conferees note that this increased authority is to be used in
conjunction with authorized U.S. military operations in furtherance of
U.S. security interests and the expansion of the operational readiness
skills of the armed forces, and shall be carried out at no additional
cost to the Department of Defense.
Sense of Congress regarding the use of children as soldiers (sec. 1236)
The Senate amendment contained a provision (sec. 1210) that would
express the sense of Congress that the use of children as soldiers by
governmental and non-governmental armed forces should be condemned
worldwide, the optional protocol is a critical first step in ending the
use of children as soldiers, that the President should consult closely
with the Senate with the objective of building support for the optional
protocol, that the President and Congress should work together to enact
a law that establishes a fund for the rehabilitation and reintegration
into society of child soldiers, and that the Secretaries of the
Departments of State and Defense should undertake all possible efforts
to persuade and encourage other governments to ratify and endorse the
optional protocol on the use of child soldiers.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress regarding undersea rescue and recovery (sec. 1237)
The conferees agree to a provision that would express the sympathy
of the Congress and of the American people to the people of the Russian
Federation over the death of the crewmen of the submarine Kursk. The
provision urges the President of the United States and the President of
the Russian Federation, in coordination with the leaders of other
maritime nations, to cooperate in establishing a plan for response,
rescue, and recovery of the crew of undersea vessels involved in
undersea accidents or incidents.
United States-China Security Review Commission (sec. 1238)
The Senate amendment contained a provision (sec. 1076) that would
amend The Trade Deficit Review Commission Act to establish a 12-member
commission, the United States-China Security Review Commission, to
monitor and assess the national security implications of the evolving
bilateral trade and economic relationship between the United States and
the People's Republic of China. The commission would be established on
the framework of the Trade Deficit Review Commission, which is scheduled
to complete its work by the end of this year, and would issue an annual
report.
The House bill contained no similar provision.
The House recedes with an amendment that would establish a
free-standing United States-China Security Review Commission to review
the national security implications of trade and economic ties between
the United States and the People's Republic of China. The amendment
would facilitate the assumption by the United States-China Security
Review Commission of its duties regarding the review by providing for
the transfer to that commission of staff, materials, and infrastructure
of the Trade Deficit Review Commission that are appropriate for the
review after the submittal of the final report of the Trade Deficit
Review Commission. The amendment would also provide that the members of
the Trade Deficit Review Commission, as of the date of the enactment of
this Act, shall serve as members of the United States-China Security
Review Commission until such time as members are appointed.
LEGISLATIVE PROVISIONS NOT ADOPTED
Limitation on number of military personnel in Colombia
The House bill contained a provision (sec. 1204) that would
establish a limit of 500 on 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 amendment contained no similar provision.
The House recedes.
Prohibition on assumption by United States Government of
liability for nuclear accidents in North Korea
The House bill contained a provision (sec. 1210) that would prohibit
the President or any department, agency, or instrumentality of the U.S.
Government from using the authority of Public Law 85 804 (50 U.S.C.
1431) or any other provision of law to enter into any contract or
arrangement which would impose liability on the U.S. Government for
nuclear accidents occurring in North Korea.
The Senate amendment 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 House bill contained a provision (sec. 1301) that would define
Cooperative Threat Reduction (CTR) programs and Department of Defense
funding for CTR programs, and make fiscal year 2001 CTR funds available
for obligation for three fiscal years.
The Senate amendment contained no similar provision.
The Senate recedes.
Funding allocations (sec. 1302)
The budget request included $458.4 million for the Cooperative
Threat Reduction (CTR) Program.
The House bill contained a provision (sec. 1302) that would
authorize $443.4 million for the CTR Program for fiscal year 2001, a
$15.0 million decrease. The provision would increase funding for
strategic nuclear arms elimination projects in Russia and Ukraine,
decrease funding for defense and military contacts, and deny funding,
pursuant to the prohibition contained in section 1305 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106 65), for
activities related to a chemical weapons destruction facility in Russia.
The Senate amendment would authorize the budget request.
The Senate recedes with an amendment that would authorize $443.4
million for CTR programs to include: $177.8 million for strategic
offensive arms elimination in Russia; $29.1 million for strategic
nuclear arms elimination in Ukraine; $9.3 million for warhead
dismantlement processing in Russia; $14.0 million for weapons
transportation security in Russia; $57.4 million for planning, design,
and construction of the storage facility for Russian fissile materials;
$89.7 million for weapons storage security in Russia; $32.1 million for
the elimination of the production of weapons grade plutonium at Russian
reactors; $12.0 million for biological weapons proliferation prevention
activities in the former Soviet Union; $13.0 million for other
assessments and administrative support, and $9.0 million for defense and
military contacts.
Prohibition on use of funds for elimination of conventional
weapons (sec. 1303)
The House bill contained a provision (sec. 1303) that would prohibit
the use of Cooperative Threat Reduction (CTR) funds to be used for the
elimination of conventional weapons or delivery vehicles primarily
intended to deliver such weapons.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees continue to believe that the CTR program should remain
focused on eliminating the threat posed by weapons of mass destruction
and their delivery vehicles in the former Soviet Union. The conferees
are concerned by indications that the Department of Defense may be
considering using CTR funds for the elimination of delivery systems
primarily intended to deliver conventional weapons, and note that such
actions would be prohibited by this section.
Limitations on use of funds for fissile material storage
facility (sec. 1304)
The House bill contained a provision (sec. 1304) that would limit
the use of fiscal year 2001 Cooperative Threat Reduction funds for
construction, design, or planning of a second wing for the Mayak fissile
material storage facility until 15 days after the date that the
Secretary of Defense submits to Congress notification that Russia and
the United States have signed a written transparency agreement that
provides that the material stored at the facility is of weapons origin.
The provision also establishes a funding cap for the first wing of the
facility of not more than $412.6 million.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
The conferees agree to establish a funding cap for the first wing of
the facility because of continuing concerns over the ability and
willingness of Russia to pay its share of the costs, and the previous
agreement of the Department of Defense to absorb additional costs
without prior congressional consultation.
Limitation on use of funds to support warhead dismantlement
processing (sec. 1305)
The House bill contained a provision (sec. 1307) that would limit
fiscal year 2001 funds for warhead dismantlement processing in Russia
until 15 days after the date that the Secretary of Defense submits to
Congress notification that the United States has reached an agreement
with Russia, providing for appropriate transparency measures regarding
assistance by the United States with respect to such processing.
The Senate amendment contained no similar provision.
The Senate recedes.
Agreement on nuclear weapons storage sites (sec. 1306)
The House bill contained a provision (sec. 1308) that would direct
the Secretary of Defense to seek to enter into an agreement with Russia
regarding procedures to allow the United States appropriate access to
nuclear weapons storage sites for which assistance under Cooperative
Threat Reduction programs is provided.
The Senate amendment contained no similar provision.
The Senate recedes.
Limitation on use of funds for construction of fossil fuel
energy plants; report (sec. 1307)
The House bill contained a provision (sec. 1309) that would prevent
Cooperative Threat Reduction (CTR) funds from being used for the
construction of a fossil fuel energy plant.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that prevents fiscal year 2001
CTR funds from being used for the construction of a fossil fuel energy
plant intended to provide power to local communities already receiving
power from nuclear energy plants that produce plutonium. The amendment
also would require a report to Congress, no later than 60 days after
enactment of this Act, detailing options for assisting Russia in the
development of alternative energy sources to the three plutonium
production reactors remaining in operation in Russia.
Reports on activities and assistance under cooperative threat
reduction programs (sec. 1308)
The Senate amendment contained a provision (sec. 1207) that would
consolidate several annual reporting requirements concerning the
Cooperative Threat Reduction (CTR) program. The consolidated report
would include: (1) an estimate of the total amount required to be
expended to achieve the objectives of the program; (2) a description of
a five year plan; (3) a description of the program activities carried
out during the previous fiscal year; (4) a description of the audits and
examinations conducted by the program to account for and ensure that the
assistance is being used for its intended purpose; and (5) a current
description of the tactical nuclear weapons arsenal of Russia. The first
report would be submitted to Congress not later than the first Monday in
February 2002. Also contained in the annual report would be a
requirement for the Comptroller General of the United States to conduct
an annual assessment of the information provided in the consolidated CTR
report. The assessment would be due 60 days after the date on which the
annual report is submitted to Congress.
The House bill contained a provision (sec. 1305) that would limit
not more than 10 percent of fiscal year 2001 Cooperative Threat
Reduction (CTR) funds from being expended or obligated until the
Department of Defense submits to Congress an updated version of the CTR
multiyear plan for fiscal year 2001, and
another provision (sec. 1306) that would require the first
report on Russian nonstrategic nuclear arms to be submitted to Congress
not later than October 1, 2000.
The House recedes with an amendment that would add the provisions
from the House bill to the CTR consolidated report, require the first
consolidated report to be due on February 5, 2001, and narrow the scope
of the Comptroller General's assessment to a review of the five year
plan and the audits and examinations information in the annual report.
This assessment would be submitted to Congress not later than 90 days
after the date the CTR annual report is submitted to Congress, with the
first Comptroller General's assessment submitted in 2001.
The conferees note that there have been repeated delays in the
submission of the CTR reports to the Congress. The conferees expect that
consolidating CTR reporting requirements into one annual report will
facilitate the Department's ability to meet the congressionally mandated
due date each year. The conferees believe that meeting this deadline
provides the Congress with critical programmatic information crucial to
the oversight of the CTR program. Failure to meet such deadlines impedes
congressional oversight and is of great concern to the conferees. In
light of this concern, the conferees expect the Department to meet the
CTR report requirements and deadline, and agree that noncompliance may
warrant future legislative measures to limit funding obligations and
expenditures until such time as the necessary information is provided to
the Congress.
Russian chemical weapons elimination (sec. 1309)
The Senate amendment contained a provision (sec. 1208) that would
amend the prohibition contained in section 1305 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65) to limit
fiscal year 2000 Cooperative Threat Reduction (CTR) funds, and funds
appropriated after the date of enactment, from being obligated or
expended to construct the Shchuch'ye chemical weapons destruction
facility in Russia until 30 days after the Secretary of Defense
certifies in writing to the Armed Services Committees of the Senate and
the House of Representatives that for that fiscal year four specific
criteria have been met. These criteria are: (1) that the government of
Russia has agreed to provide at least $25.0 million annually for the
construction, support, and operation of the facility; (2) that Russia
has agreed to utilize this facility to destroy the remaining four
stockpiles of nerve agents located throughout Russia; (3) that the
United States has obtained multiyear commitments from the international
community for the support of social infrastructure projects for
Shchuch'ye; and (4) that Russia has agreed to destroy its chemical
weapons production facilities at Volgograd and Novocheboksark.
The House bill contained no similar provision.
The House recedes with an amendment that would express support for
international assistance, when practicable, to assist Russia in
eliminating its chemical weapons stockpile in accordance with Russia's
obligations under the Chemical Weapons Convention. The amendment would
also require that the Secretary of Defense submit a report to the Armed
Services Committees of the Senate and the House of Representatives that
identifies: (1) the amount of money spent by Russia for chemical weapons
elimination during fiscal year 2000; (2) the assistance being provided
by the international community for the safe storage and elimination of
Russia's stockpile of nerve agents, including those at Shchuch'ye; (3)
the countries providing the assistance; and (4) the value of the
assistance that the international community has already provided and has
committed for this purpose.
The conferees agree not to repeal or amend the existing prohibition
contained in Public Law 106 65 on funding for the chemical weapons
destruction facility in Russia. The conferees believe the international
community should take a more active role in assisting Russia with its
chemical weapons elimination efforts. The conferees will continue to
monitor progress in the effort to reduce and eliminate the threat from
Russia's chemical weapons, including the participation of the
international community in this effort. The conferees note that there
are a number of options available within the CTR Program to advance U.S.
threat reduction and nonproliferation objectives, including assisting
Russia in its efforts to secure and eliminate its chemical weapons
stockpiles. The conferees note the availability of prior-year funds that
may be used to support this effort.
Limitation on use of funds for elimination of weapons grade
plutonium program (sec. 1310)
The Senate amendment contained a provision (sec. 1209) that would
prevent more than 50 percent of fiscal year 2001 Cooperative Threat
Reduction (CTR) funds from being obligated or expended until 30 days
after the Secretary of Defense submits to Congress a report on an
agreement between the United States and Russia regarding a new option
selected for the shut down or conversion of the reactors in the
elimination of weapons grade plutonium program in Russia. The report
must also contain the new date when such reactors will cease production
of weapons grade plutonium and any cost sharing arrangements between
Russia and the United States in undertaking the activities in this
program.
The House bill contained no similar provision.
The House recedes.
Report on audits of Cooperative Threat Reduction programs (sec. 1311)
The House bill contained a provision (sec. 1310) that would direct
the Comptroller General to submit to Congress a report not
later than March 31, 2001, examining the procedures and
mechanisms with respect to audits by the Department of Defense of the
use of funds for Cooperative Threat Reduction programs.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Limitation on use of funds for prevention of biological
weapons proliferation in Russia
The House bill contained a provision (sec. 1311) that would limit
Cooperative Threat Reduction funds from being obligated or expended for
the prevention of proliferation of biological weapons in Russia until
the President submits to Congress the report on the Expanded Threat
Reduction Initiative required by section 1309 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65). This report
was due March 31, 2000.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE (EMP) ATTACK
LEGISLATIVE PROVISIONS ADOPTED
Commission to assess the threat to the United States from
electromagnetic pulse (EMP) attack (secs. 1401 1409)
The House bill contained a provision (secs. 1401 1409) that would
establish a Commission to Assess the Threat to the United States from
Electromagnetic Pulse (EMP) Attack.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit a report to Congress commenting on the
Commission's findings and conclusions, describing the political-military
scenarios that could possibly lead to an EMP attack against the United
States, evaluating the relative likelihood of an EMP attack against the
United States compared to other threats involving nuclear weapons, and
explaining the actions intended to implement the recommendations of the
Commission and the reasons for doing so.
TITLE XV--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
LEGISLATIVE PROVISIONS ADOPTED
Navy activities on the island of Vieques, Puerto Rico (secs. 1501 1508)
The House bill contained a provision (sec. 1501) that would convey
the Navy property, comprising the Naval Ammunition Support Detachment,
on the western side of the Island of Vieques, Puerto Rico, except the
communication and radar sites, to the Commonwealth of Puerto Rico under
the terms of the agreement between the President and the Governor of
Puerto Rico.
The Senate amendment contained provisions (secs. 1301 1308) that
would support the agreement reached between the President and the
Governor of Puerto Rico intended to restore relations between the people
of Vieques and the Navy, and to provide for the continuation of live
fire training on the Island of Vieques. Specifically, the Senate bill
would authorize $40.0 million for infrastructure and other economic
projects on the Island of Vieques, and would require the President to
conduct a referendum on Vieques to determine whether the people of
Vieques approve or disapprove of the continuation of live-fire military
training on the island. The conservation zones on the western side of
the island, containing seven endangered and threatened species, would be
transferred to the Secretary of Interior to be administered as wildlife
refuges. If the people of Vieques approve the continuation of live-fire
training, the provision would authorize an additional $50.0 million in
economic aid for the island. If the people of Vieques disapprove the
continuation of live-fire training, the provision would require the Navy
and Marine Corps to cease all training operations on the Island of
Vieques by May 1, 2003; to terminate any operations at Roosevelt Roads
related to the use of training ranges on Vieques, to reduce other
defense activities at Roosevelt Roads to levels necessary for national
security reasons, and to transfer all Navy property on the eastern side
of the Island of Vieques to the Secretary of the Interior. The Secretary
of Interior would be required to retain the transferred properties
subject to further congressional action regarding disposition.
The conferees remain concerned about the lack of live-fire access to
the Naval training facility on the Island of Vieques, and the related
negative consequences for Navy and Marine Corps readiness. In testimony
before the Congress, the Chairman of the Joint Chiefs of Staff, along
with the Chief of Naval Operations and the Commandant of the Marine
Corps, stated that Vieques provides integrated live-fire training ``. .
. critical to our readiness.'' The Secretary of the Navy also testified
that ``. . . only by providing this preparation can we fairly ask our
service members to put their lives at risk.'' The concern of the Joint
Chiefs of Staff were reinforced by operational commanders including the
Commander of the Sixth Fleet of the Navy who stated that the loss of
Vieques would ``cost American lives.''
The House recedes.
The conferees agree to include provisions that would support the
agreement reached between the President and the Governor of
Puerto Rico regarding the future of Navy live-fire military
training on Vieques. The conferees agree to authorize $40.0 million in
immediate economic assistance for the Municipality of Vieques.
The conferees would specifically include a provision that would
transfer, with certain exceptions, the land comprising the Navy
Ammunition Support Detachment to the Municipality of Vieques. The
property would be administered, managed, and controlled by the
Municipality of Vieques in a manner that is determined to be most
advantageous to the majority of the residents of Vieques. The
relocatable over-the-horizon radar site, the telecommunications
equipment site on Mount Pirata, and any easements or rights-of-way
associated with these sites would be exempted from transfer and retained
by the Navy.
The conservation zones on the land comprising the Navy Ammunition
Support Detachment would be transferred to the Secretary of Interior to
be administered and managed by the Secretary as a wildlife refuge
through a cooperative agreement among the Commonwealth of Puerto Rico,
the Puerto Rico Conservation Trust, and the Secretary of Interior.
Property adjacent to these wildlife refuge areas could be included in
the cooperative agreement, however, such areas would not exceed 800
acres. If the cooperative agreement is not completed before the required
transfer date, the Secretary of Interior should begin the administration
and management of the land as wildlife refuges.
Given the importance of the Navy training range to national security
and the unique circumstances of the people of Vieques, the conferees
would also include a provision that would require a binding referendum
by the people of Vieques to determine if the range should remain
available for live-fire training. The referendum would require that the
residents of Vieques vote on the future of live-fire training at the
Navy range on Vieques. The vote would take place on May 1, 2001, or 270
days before or after that date. The conferees would authorize the
referendum, despite remaining reservations regarding the propriety of
such an action, and would also do so with the clear expectation that
this represents a unique circumstance, and such local referenda should
not be used to determine the status of national security assets.
The conferees agree to authorize an additional $50.0 million to
provide economic assistance to the people of Vieques if there is a vote
in favor of continued live-fire training at the Navy range.
If the people of Vieques disapprove continued live-fire training, or
the Chief of Naval Operations and the Commandant of the Marine Corps
jointly submit to the congressional defense committees a certification
that the range is no longer needed for training by the Navy and the
Marine Corps, all Navy owned land on the eastern side of the island,
with the exception of the live-fire area, would be transferred to the
Secretary of Interior to be administered and managed as a wildlife
refuge. The live impact area would be administered as a wilderness area
with no public access permitted.
Finally, the conferees would also include a provision that would
impose a moratorium on new construction at Fort Buchanan pending a
determination that such construction would be required despite the
potential for relocation to Roosevelt Roads. Reserve component and
nonappropriated fund facilities would not be included in the moratorium.
The conferees recognize and appreciate the sacrifice made by the
people of Vieques and other communities located near U.S. military
training installations, which have ensured the readiness of U.S.
military forces. The conferees remain concerned that future training may
be jeopardized as a result of historically poor relations with the
people of Vieques, and the tragic accident which resulted in the death
of a civilian employee of the Navy. The conferees hope that the Navy and
the people of Vieques will successfully develop and sustain a
cooperative relationship for the future.
TITLE XVI--VETERANS EDUCATION BENEFITS
LEGISLATIVE PROVISIONS ADOPTED
Additional opportunity for certain VEAP participants to
enroll in basic educational assistance under Montgomery G.I. Bill (sec.
1601)
The Senate amendment contained a provision (sec. 683) that would
authorize the secretary of a military department to, as a recruiting or
retention incentive, permit a service member who was previously eligible
for the Veterans Educational Assistance Program (VEAP) or who did not
elect to participate in the Montgomery G.I. Bill to enroll in the
Montgomery G.I. Bill educational benefit program.
The House bill contained no similar provision.
The House recedes with an amendment that would, during a one-year
period following enactment, permit individuals who were previously
enrolled in VEAP to enroll in the Montgomery G.I. Bill program after
paying a premium not to exceed $2,700.
Modification of authority to pay tuition for off-duty
training and education (sec. 1602)
The Senate amendment contained a provision (sec. 684) that would
authorize the secretary of a military department to pay up to 100
percent of the charges of an educational institution for the tuition or
expenses of a service member enrolled in an off-duty educational program
and would permit service members to use their Montgomery G.I. Bill
educational benefit to pay any portion of the charges that are not paid
by the secretary of the military department.
The House bill contained no similar provision.
The House recedes.
Clarification of Department of Veterans Affairs duty to
assist (sec. 1611)
The Senate amendment contained a provision (sec. 672) that would
clarify the responsibility of the Secretary of Veterans Affairs to
assist claimants in developing all facts pertinent to a claim for
benefits.
The House bill contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Modification of time for use by certain members of the
Selected Reserve of entitlement to educational assistance
The Senate amendment contained a provision (sec. 670) that would
extend the time frame in which members of the Selected Reserve could use
their educational benefits.
The House bill contained no similar provision.
The Senate recedes.
Modification of time for use by certain members of Selected
Reserve of entitlement to certain educational assistance
The Senate amendment contained a provision (sec. 685) that would
extend the period in which members of the Selected Reserve may use their
Reserve Montgomery G.I. Bill benefits to five years after they separate
from the reserves.
The House bill contained no similar provision.
The Senate recedes.
Short title
The Senate amendment contained a provision (sec. 681) that would
establish the subtitle, ``Helping Our Professionals Educationally (HOPE)
Act of 2000.''
The House bill contained no similar provision.
The Senate recedes.
Transfer of entitlement to educational assistance by certain
members of the armed forces
The Senate amendment contained a provision (sec. 682) that would
authorize the secretary of a military department, as a recruiting or
retention incentive, to permit a service member to transfer their
entitlement to the basic educational benefit under the Montgomery G.I.
Bill, in whole or in part, to their dependents.
The House bill contained no similar provision.
The Senate recedes.
TITLE XVII--ASSISTANCE TO FIREFIGHTERS
LEGISLATIVE PROVISIONS ADOPTED
Assistance to Firefighters (secs. 1701 1707)
The Senate amendment contained a provision (sec. 1072) that would
authorize a six-year, $3.1 billion competitive federal grant program to
provide assistance to local firefighting departments for the purpose of
protecting the health and safety of the public and firefighting
personnel, including volunteers and emergency medical service personnel,
against fire and fire-related hazards. The provision would authorize
grant funds to be used for various firefighting related activities
including the hiring of additional personnel, the training of personnel,
the procurement of vehicles and other equipment, certification of fire
inspectors, and similar activities. A 10 percent matching requirement of
non-federal funds under this program would be required. The Director of
the Federal Emergency Management Agency (FEMA) would be responsible for
the administration of the program.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize a series of
provisions (secs. 1701 1707) to provide assistance to local firefighting
departments.
The amendment would authorize a two-year, $400.0 million competitive
grant program to provide assistance to local firefighting departments.
Each grant could not exceed $750,000. In order for a grant applicant to
receive funds, the applicant would have to demonstrate a financial need
for the assistance; outline the costs and benefits of public safety in
relation to the use of the assistance; and agree to provide information
to the National Fire Incident Reporting System. There would be a 30
percent matching requirement of non-federal funds under this program for
fire departments that serve more than 50,000 people, and a 10 percent
matching requirement of non-federal funds for fire departments that
serve 50,000 people or less. The Director of FEMA would be required to
ensure that communities protected by volunteer firefighters receive
grant funding that at least reflects a proportionate share, as compared
to the U.S. population as a whole. The Director of FEMA would also be
required to submit a report to Congress that provides the current role
and activities associated with the fire services, the adequacy of
current funding, and a needs assessment to identify shortfalls. The
Director of FEMA would consult with the chief executive of a state when
making a direct grant.
The amendment would also include a two-year, $30.0 million program
to provide assistance to state foresters or equivalent state officials
for firefighting activities. The Secretary of
Agriculture would be responsible for the administration of
this program. The Secretary of Agriculture would be required to submit a
report to Congress on the results of the assistance provided under this
program.
The amendment would further authorize a two-year, $30.0 million
competitive grant program to hospitals that serve as regional burn
centers, to safety organizations that conduct burn safety programs to
assist burn prevention programs, to programs that augment existing burn
prevention programs, or to other entities that provide after-burn
treatment and counseling for burn victims. The Director of FEMA would be
responsible for the administration of the program. The Director would be
required to submit a report to Congress on the results of the assistance
provided under this aspect of the grant program.
The amendment would also require the Secretary of Health and Human
Services, in consultation with the Secretary of Labor, to conduct a
study regarding the prevalence of hepatitis C among emergency response
employees of the United States. The Secretary of Health and Human
Services, in consultation with the Secretary of Labor, would also be
authorized to make grants to qualifying local governments that are
qualified to carry out demonstration projects that train employees to
minimize the risk of hepatitis C infection, and to test and treat
employees for the disease.
The amendment would further require the Secretary of Defense, in
consultation with the Attorney General and the Secretary of Commerce, to
conduct an engineering study to identify any portions of the 138 144
megahertz band that the Department of Defense can share with public
safety radio services in various geographic regions of the United
States. The study would include recommended measures necessary to
prevent harmful interference between the Department of Defense systems
and the public safety systems, and a reasonable schedule for the sharing
of frequencies, provided such sharing can be accomplished without
causing interference. The Secretary of Commerce and the Chairman of the
Federal Communications Commission would also be required to submit a
report to Congress on alternative frequencies that are, or could be
made, available for use by public safety systems.
The amendment would authorize the Secretary of Defense to transfer
excess personal property of the Department of Defense to firefighting
agencies if the property is determined to be suitable for use in
providing fire and emergency medical services. The property would have
to be drawn from existing stocks of the Department of Defense and made
without cost to the Department. The recipient firefighting department
would accept the property on an as-is, where-is basis and cover all
costs of the transfer of the property.
Finally, the amendment would require the establishment of a task
force to identify defense technologies and equipment that could be
readily put to use by fire service and emergency response personnel, and
could be transferred to fire departments. The task force would consist
of a representative from the Department of Defense and each of the seven
organizations representing various views in firefighting.
TITLE XVIII--IMPACT AID
LEGISLATIVE PROVISIONS ADOPTED
Impact Aid Reauthorization Act of 2000 (secs. 1801 1818)
The conference agreement includes provisions that would amend the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701) to
extend the authority for, and to restructure, assistance programs for
local educational agencies impacted by federal presence. The provisions
would make adjustments to the impact aid program to accommodate military
housing privatization initiatives and would restructure the formula to
increase impact aid to schools serving military children. Other
provisions would hold school districts harmless in cases where military
children have been temporarily relocated to off-base housing while
on-base housing is renovated and would provide additional support to
school districts required to support privatized military housing areas
constructed on non-federal land. The provisions would accelerate payment
of impact aid to the most severely effected school districts and would
authorize the Secretary of Education to provide grants to school
districts to renovate and repair schools with the greatest need. The
provisions would also establish a minimum funding level for small, poor
school districts.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Overview
The budget request for fiscal year 2001 included $8,033,908,000 for
military construction and family housing.
The House bill would authorize $8,433,908,000 for military
construction and family housing.
The Senate amendment would provide $8,463,908,000 for this purpose.
The conferees recommend authorization of appropriations of
$8,821,172,000 for military construction and family housing, including
general reductions and revised economic assumptions.
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
FISCAL YEAR 2001 BRAC MILITARY CONSTRUCTION PROJECTS--AIR FORCE: BRAC IV CONSTRUCTION, FISCAL YEAR 2001
[Dollars in thousands]
State Installation or location Description Amount
Texas Fort Sam Houston Defense Reutilization and Marketing Organization Complex 12,800
--------
Total Air Force-BRAC IV Construction xl xl 12,800
TITLE XXI--ARMY
Overview
The House bill would authorize $1,824,640,000 for Army military
construction and family housing programs for fiscal year 2001.
The Senate amendment would authorize $1,978,295,000 for this purpose.
The conferees recommend authorization of appropriations of
$1,925,344,000 for Army military construction and family housing for
fiscal year 2001.
The conferees agree to the following reductions: $635,000, which
represents the combination of savings from adjustment to foreign
currency rates for military construction outside the United States; and
$19,911,000, which represents the combination of savings from adjustment
to foreign currency rates for military family housing construction and
military family housing support outside the United States. The
reductions shall not cancel any military construction authorized by
title XXI of this Act.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Army construction and land acquisition projects (sec. 2101)
The House bill contained a provision (sec. 2101) that would
authorize Army construction projects for fiscal year 2001. The
authorized amounts are listed on an installation-by-installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar 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.
Family housing (sec. 2102)
The House 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 2001. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar 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.
Improvements to military family housing units (sec. 2103)
The House bill contained a provision (sec. 2103) that would
authorize improvements to existing units of family housing for fiscal
year 2001.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Army (sec. 2104)
The House bill contained a provision (sec. 2104) that would
authorize specific appropriations for each line item contained in the
Army's budget for fiscal year 2001. This section would also provide an
overall limit on the amount the Army may spend on military construction
projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Modification of authority to carry out certain fiscal year
2000 projects (sec. 2105)
The Senate amendment contained a provision (sec. 2105) that would
amend section 2101 of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106 65) to make technical
corrections in the funding authorization for Fort Stewart, Georgia, and
Fort Riley, Kansas. The provision would also amend section 2104 of the
Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106 65) to provide for an increase in the amount
authorized for appropriation for unspecified minor construction from
$9.5 million to $14.6 million. The provision would also make certain
conforming changes.
The House bill contained no similar provision.
The House recedes with an amendment that would amend section 2101 of
the Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106 65) to provide for an increase in the
amount authorized for CONUS Various due to a change in scope.
Modification of authority to carry out certain fiscal year
1999 projects (sec. 2106)
The House bill contained a provision (sec. 2105) would amend section
2101 of the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105 261) to provide for an increase in the
amount authorized for the construction of a railhead facility at Fort
Hood, Texas.
The Senate amendment contained a similar provision (sec. 2106) that
would amend section 2101 of the Military Construction Act for Fiscal
Year 1999 (division B of Public Law 105 261) to increase the amount
authorized for the construction of a barracks project at Fort Riley,
Kansas, from $41.0 million to $44.5
million, and a railhead facility at Fort Hood, Texas, from
$32.5 million to $45.3 million. The provision would also make certain
technical corrections.
The House recedes with a technical amendment.
Modification of authority to carry out fiscal year 1998
project (sec. 2107)
The Senate amendment contained a provision (sec. 2107) that would
amend section 2101 of the Military Construction Act for Fiscal Year 1998
(division B of Public Law 105 85) to provide an increase in the amount
authorized for the construction of a barracks project at Hunter Army
Airfield, Fort Stewart, Georgia, from $54.0 million to $57.5 million.
The provision would also make certain technical corrections.
The House bill contained no similar provision.
The House recedes.
Authority to accept funds for realignment of certain military
construction project, Fort Campbell, Kentucky (sec. 2108)
The Senate amendment contained a provision (sec. 2108) that would
authorize the Secretary of the Army to accept funds from the Federal
Highway Administration (FHA) or the Commonwealth of Kentucky to fund the
additional costs associated with the realignment of a rail connector
military construction project at Fort Campbell, Kentucky, authorized by
section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104 210). The provision would
authorize the Secretary to use the funds received from the FHA or the
Commonwealth in the same manner as funds authorized and appropriated for
the rail connector project. The provision would also specify that the
costs associated with realignment include, but are not limited to,
redesign costs, additional construction costs, additional costs due to
construction delays related to the realignment, and additional real
estate costs.
The House bill contained no similar provision.
The House recedes with a technical amendment.
TITLE XXII--NAVY
Overview
The House bill would authorize $2,187,673,000 for Navy military
construction and family housing programs for fiscal year 2001.
The Senate amendment would authorize $2,095,163,000 for this purpose.
The conferees recommend authorization of appropriations of
$2,227,995,000 for Navy military construction and family housing for
fiscal year 2001.
The conferees agree to general reductions of $20,000,000 in the
authorization of appropriations for the Navy military construction and
military family housing accounts. The reductions are to be offset by
savings from favorable bids, reduction in overhead costs, and
cancellation of projects due to force structure changes. The conferees
further agree to reductions of $2,889,000, which represents the
combination of savings from adjustment to foreign currency rates for
military construction outside the United States and $1,071,000, which
represents the combination of savings from adjustment to foreign
currency rates for military family housing support outside the United
States. The general reductions shall not cancel any military
construction authorized by title XXII of this Act.
ITEMS OF SPECIAL INTEREST
Improvements to military family housing, Navy
The conferees recommend that, within authorized amounts for
improvements to military family housing and facilities, the Secretary of
the Navy execute the following projects: $9,030,000 for Whole House
Revitalization (98 units) at Marine Corps Base, Camp Pendleton,
California; and $500,000 for Whole House Revitalization (one unit) at
the 8th and I Marine Corps Barracks, District of Columbia.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Navy construction and land acquisition projects (sec. 2201)
The House bill contained a provision (sec. 2201) that would
authorize Navy construction projects for fiscal year 2001. The
authorized amounts are listed on an installation-by-installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar 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.
Family housing (sec. 2202)
The House 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 2001. The authorized amounts are
listed on an installation-by-installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar 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.
Improvements to military family housing units (sec. 2203)
The House contained a provision (sec. 2203) that would authorize
improvements to existing units of family housing for fiscal year 2001.
The authorized amounts are listed on an installation-by-installation
basis.
The Senate bill amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Navy (sec. 2204)
The House bill contained a provision (sec. 2204) that would
authorize specific appropriations for each line item in the Navy's
budget for fiscal year 2001. This provision would also provide an
overall limit on the amount the Navy may spend on military construction
projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Modification of authority to carry out fiscal year 1997
project at Marine Corps Combat Development Command, Quantico, Virginia
(sec. 2205)
The House bill contained a provision (sec. 2205) that would modify
the authorized use of funds authorized for appropriation for fiscal year
1997 for a military construction project at Marine Corps Command
Development Command, Quantico, Virginia. The provision would permit the
use of previously authorized funds to carry out a military construction
project involving infrastructure development at that installation.
The Senate amendment contained a similar provision (sec. 2205).
The House recedes with a technical amendment.
TITLE XXIII--AIR FORCE
Overview
The House bill would authorize $1,766,136,000 for Air Force military
construction and family housing programs for fiscal year 2001.
The Senate amendment would authorize $1,851,909,000 for this purpose.
The conferees recommend authorization of appropriations of
$1,943,069,000 for Air Force military construction and family housing
for fiscal year 2001.
The conferees agree to a $12,231,000 reduction which represents the
combination of savings from adjustment to foreign currency rates for
military family housing construction and military family housing support
outside the United States. The reduction shall not cancel any military
construction authorized by title XXIII of this Act.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Air Force construction and land acquisition
projects (sec. 2301)
The House bill contained a provision (sec. 2301) that would
authorize Air Force construction projects for fiscal year 2001. The
authorized amounts are listed on an installation-by-installation basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar 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.
Family housing (sec. 2302)
The House bill contained a provision (sec. 2302) that would
authorize new construction and planning and design of family housing
units for the Air Force for fiscal year 2001.
The Senate amendment contained a similar provision.
The conference agreement includes a similar 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.
Improvements to military family housing units (sec. 2303)
The House bill contained a provision (sec. 2303) that would
authorize improvements to existing units of family housing for fiscal
year 2001.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Air Force (sec. 2304)
The House bill contained a provision (sec. 2304) that would
authorize specific appropriations for each line item in the Air Force
budget for fiscal year 2001. This provision would also provide an
overall limit on the amount the Air Force may spend on military
construction projects.
The Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
TITLE XXIV--DEFENSE AGENCIES
Overview
The House bill would authorize $860,390,000 for Defense Agencies
military construction and family housing programs for fiscal year 2001.
The bill would also authorize $1,174,369,000 for base closure
activities.
The Senate amendment would authorize $736,884,000 for Defense
Agencies military construction and family housing programs for fiscal
year 2001. The amendment would also authorize $1,174,369,000 for base
closure activities.
The conferees recommend authorization of appropriations of
$859,533,000 for Defense Agencies military construction and family
housing for fiscal year 2001. The conferees also recommend authorization
of appropriations of $1,024,369,000 for base closure activities.
The conferees agree to a general reduction of $20,000,000 in the
authorization of appropriations for the chemical demilitarization
program. The reduction represents the combination of project savings in
military construction for chemical demilitarization resulting from
favorable bids, reduced overhead charges, and cancellations due to force
structure changes. The conferees do not intend this reduction to
interfere with timely compliance with the Chemical Weapons Convention.
The conferees further agree to a reduction of $7,115,000, which
represents the combination of savings from adjustment to foreign
currency rates for military construction outside the United States. The
reductions shall not cancel any military construction projects
authorized by title XXIV of this Act.
ITEMS OF SPECIAL INTEREST
Military construction projects, Manta Air Base, Ecuador
The conferees agree, upon certification by the Secretary of Defense
that sufficient aircraft will be scheduled to operate out of the Manta
Air Base, Ecuador, to justify construction of projects at that facility,
funds that have been authorized and appropriated shall be made available
for the construction of large aerial surveillance aircraft related
facilities, visiting officers' quarters, visiting airmen quarters, and
dining facilities at Manta, Ecuador.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Defense Agencies construction and land acquisition
projects (sec. 2401)
The House bill contained a provision (sec. 2401) that would
authorize defense agencies construction projects for fiscal year 2001.
The authorized amounts are listed on an installation-by-installation
basis.
The Senate amendment contained a similar provision.
The conference agreement includes a similar 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 amendment contained a provision (sec. 2402) that would
authorize the Secretary of Defense to carry out energy conservation
projects.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize for
appropriation $15.0 million to carry out energy conservation projects.
Authorization of appropriations, Defense Agencies (sec. 2403)
The House bill contained a provision (sec. 2402) that would
authorize specific appropriations for each line item in the Defense
Agencies budgets for fiscal year 2001. This provision would also provide
an overall limit on the amount the Defense Agencies may spend on
military construction projects.
The Senate amendment contained a similar provision (sec. 2403).
The conference agreement includes a similar provision.
Modification of authority to carry out certain fiscal year
1990 project (sec. 2404)
The Senate amendment contained a provision (sec. 2404) that would
amend section 2401 of the Military Construction Act for Fiscal Year 1990
and 1991 (division B of Public Law 101 189), as amended by section 2407
of the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 103 261) to provide for an increase in the
amount authorized for the construction of the Portsmouth Naval Hospital,
Virginia, from $342,854,000 to $351,354,000.
The House bill contained no similar provision.
The House recedes with a technical amendment.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Overview
The House bill would authorize $177,500,000 for the U.S.
contribution to the NATO Security Investment Program for fiscal year
2001.
The Senate amendment would authorize $190,000,000 for this purpose.
The conferees agree to authorize $172,000,000 for the U.S.
contribution to the NATO Security Investment Program.
LEGISLATIVE PROVISIONS ADOPTED
Authorized NATO construction and land acquisition projects (sec. 2501)
The House 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 House bill and the amount of recoupment due to the United States
for construction previously financed by the United States.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that would
authorize appropriations of $177,500,000 as the United States
contribution to the North Atlantic Treaty Organization (NATO) Security
Investment Program.
The Senate amendment would authorize $190,000,000 for this purpose.
The conferees agree to authorize $172,000,000 for the United States
contribution to the NATO Security Investment Program.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Overview
The House bill would authorize $443,200,000 for military
construction and land acquisition for fiscal year 2001 for the Guard and
Reserve components.
The Senate amendment would authorize $508,146,000 for this purpose.
The conferees recommend authorization of appropriations of
$668,862,000 for military construction and land acquisition for fiscal
year 2001. This authorization would be distributed as follows:
Army National Guard $266,531,000
Air National Guard 194,929,000
Army Reserve 108,738,000
Naval and Marine Corps Reserve 62,073,000
Air Force Reserve 36,591,000
668,862,000
ITEMS OF SPECIAL INTEREST
Support for Weapons of Mass Destruction Civil Support Teams
The conferees included $25.0 million for Unspecified Minor
Construction, Army National Guard, to support the activation of the
Weapons of Mass Destruction Civil Support Teams. Although these teams
are to be assigned to locations that have existing facilities to
accommodate their needs, the conferees understand that the Army National
Guard has identified a requirement of approximately $31.0 million for
the renovation of facilities to accommodate these teams. The conferees
are aware that the military construction program for the reserve
components is underfunded and that this requirement would place an
additional burden on an already constrained military construction
program for the Army National Guard. The conferees agree to authorize
additional funds for this purpose on a one-time basis and direct the
Secretary of the Army to provide a report on the expenditure of these
funds not later than October 1, 2001.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Guard and Reserve construction and land
acquisition projects (sec. 2601)
The House 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 Senate amendment contained a similar provision.
The conference agreement includes a similar provision.
The state list contained in this report is intended to be the
binding list of specific projects authorized at each location.
Authority to contribute to construction of airport tower,
Cheyenne Airport, Cheyenne, Wyoming (sec. 2602)
The Senate amendment contained a provision (sec. 2602) that would
authorize $1,450,000 for a contribution by the Air National
Guard to construction of a new airport tower at Cheyenne
Airport, Cheyenne, Wyoming.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
Secretary of the Air Force to contribute to the Cheyenne Airport
Authority, consistent with applicable agreements, up to $1,450,000 from
the funds authorized for appropriation in section 2601 to provide for
the construction of an airport tower, at Cheyenne Airport, Cheyenne,
Wyoming, in support of the Air National Guard mission.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Legislative Provisions Adopted
Expiration of authorizations and amounts required to be
specified by law (sec. 2701)
The House 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, 2003, or the date of enactment of an Act authorizing funds
for military construction for fiscal year 2004, whichever is later. This
expiration would not apply to authorizations for which appropriated
funds have been obligated before October 1, 2003, or the date of
enactment of an Act authorizing funds for these projects, whichever is
later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 1998
projects (sec. 2702)
The House bill contained a provision (sec. 2702) that would provide
for selected extension of certain fiscal year 1998 military construction
authorizations until October 1, 2001, or the date of the enactment of
the Act authorizing funds for military construction for fiscal year
2002, whichever is later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 1997
projects (sec. 2703)
The House bill contained a provision (sec. 2703) that would provide
for selected extension of certain fiscal year 1997 military construction
authorizations until October 1, 2001, or the date of the enactment of
the Act authorizing funds for military construction for fiscal year
2002, whichever is later.
The Senate amendment contained a similar provision.
The House recedes with a technical amendment.
Effective date (sec. 2704)
The House 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, 2000, or the date of the enactment of this Act,
whichever is later.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
TITLE XXVIII--GENERAL PROVISIONS
SUBTITLE A--MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING
CHANGES
Joint use military construction projects (sec. 2801)
The Senate amendment contained a provision (sec. 2801) that would
express the sense of Congress that the Secretary of Defense, when
preparing the budget request, should identify military construction
projects suitable for joint use, specify in the budget request joint use
military construction projects, and give priority to joint use military
construction projects. The provision would also direct the Secretary to
include in the budget request a certification by each secretary
concerned that the service screened each construction project in the
budget request for the feasibility for joint use. The provision would
further require the Secretary of Defense to submit, not later than
September 30 of each year, a report that included the number of military
construction projects evaluated for joint use construction, when the
project could be executed, and a list of the military construction
projects determined to be feasible for joint use. The provision would
also make certain conforming changes.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Defense to implement the program requirement by fiscal year 2003. The
amendment would also eliminate the requirement that the Secretary of
Defense conduct an annual evaluation.
Exclusion of certain costs from determination of
applicability of limitation on use of funds for improvement of family
housing (sec. 2802)
The Senate amendment contained a provision (sec. 2802) that would
amend section 2825 of title 10, United States Code, to authorize the
secretary concerned to exclude certain costs from the application of the
limitation on the use of funds for improvement of military family
housing units. The specific costs that would be excluded are the
installation, maintenance, and repair of communications, security, or
anti-terrorism equipment required by the occupant in the performance of
his duties. The provision would also exclude the cost of repairing or
replacing the exterior of the unit or units if such repair or
replacement is necessary to meet historic preservation standards.
The House bill contained no similar provision.
The House recedes with an amendment that would exclude only those
costs associated with the installation, maintenance, and repair of
communications, security, or anti-terrorism equipment required by the
occupant in the performance of his duties.
Revision of space limitations for military family housing (sec. 2803)
The House bill contained a provision (sec. 2801) that would amend
section 2826 of title 10, United States Code, to require the secretary
concerned to ensure that the room patterns and floor areas of military
family housing units constructed, acquired, or improved by the secretary
shall be generally comparable to those available in the locality of the
military installation on which such military family housing units are
located.
The Senate amendment contained a similar provision (sec. 2803).
The House recedes with a technical amendment.
Modification of lease authority for high-cost military family
housing (sec. 2804)
The House bill contained a provision (sec. 2802) that would amend
section 2828 of title 10, United States Code, to modify the authorized
terms of leasing for military family housing to support the United
States Southern Command in Miami, Florida.
The Senate amendment contained a provision (sec. 2804) that would
amend section 2828 of title 10, United States Code, to eliminate the
$60,000 per year limitation on the lease of an individual housing unit
and to authorize the Secretary of the Army to enter into leases for
eight housing units in the Miami area for no more than five years. The
provision would further amend section 2828 to authorize the Secretary
concerned to adjust the maximum cost authorized for family housing
leases based on the percentage that the national average monthly cost of
housing differ during the two preceding fiscal years. The provision
would authorize the Secretary of the Army to adjust the maximum amount
of the eight family housing unit leases in the Miami area by the percent
the annual average cost of housing for the Miami Military Housing Area
exceeds the annual average cost for the same region for the fiscal year
preceding the fiscal year.
The House recedes with a technical amendment.
Provision of utilities and services under alternative
authority for acquisition and improvement of military housing (sec.
2805)
The Senate amendment contained a provision (sec. 2806) that would
amend section 2872 of title 10, United States Code, to authorize the
service secretaries to provide utilities and services to privatized
housing units located on a military installation on a reimbursable
basis. The payments received for such services would be credited to the
appropriate account or working capital fund from which the cost of
furnishing the utilities and services are paid.
The House bill contained no similar provision.
The House recedes with an amendment that would clarify the list of
covered utilities and services.
Extension of alternative authority for acquisition and
improvement of military housing (sec. 2806)
The House bill contained a provision (sec. 2803) that would amend
section 2885 of title 10, United States Code, to extend the authorities
contained in subchapter 169 of title 10, United States Code, for an
additional five-year period to 2006.
The Senate amendment contained a provision (sec. 2807) that would
amend section 2885 of title 10, United States Code, to extend the
authorities contained in subchapter 169 of title 10, United States Code,
for an additional three-year period.
The House recedes with an amendment that would extend the
authorities contained in subchapter 169 of title 10, United States Code,
to December 31, 2004.
Expansion of definition of armory to include readiness
centers (sec. 2807)
The House bill contained a provision (sec. 2804) that would amend
section 18232 of title 10, United States Code, to clarify that the term
``readiness center'' shall have the same meaning as the term ``armory.''
The Senate amendment contained a similar provision (sec. 2808).
The Senate recedes with a technical amendment.
SUBTITLE B--REAL PROPERTY AND FACILITIES ADMINISTRATION
Increase in threshold for notice and wait requirements for
real property transactions (sec. 2811)
The House bill contained a provision (sec. 2811) that would amend
section 2662 of title 10, United States Code, to increase the threshold
for notice and wait requirements for real property transactions from
$200,000 to $500,000.
The Senate amendment contained a similar provision (sec. 2811).
The Senate recedes.
Enhancement of authority of military departments to lease
non-excess property (sec. 2812)
The House bill contained a provision (sec. 2812) that would amend
section 2667 of title 10, United States, to modify the permissible forms
of consideration received by the secretary concerned for the lease of
non-excess real property under the control of the secretary.
The Senate amendment contained a provision (sec. 2812) that would
amend section 2667 of title 10, United States Code, to authorize the
secretary concerned to lease facilities that are under the control of
that department and that are not excess to the needs of that department.
The secretary concerned would be authorized to accept as compensation
for the leases, either payment in-kind or cash. The provision would
further authorize the secretary concerned to use cash proceeds from
leases for maintenance, protection, alteration, repair, improvements or
restoration of property or facilities, construction or acquisition of
new facilities, lease facilities, and facilities support. The provision
would authorize the secretary concerned to construct or acquire
facilities in excess of $500,000 only after submission of a report on
the facts of the construction or acquisition of such facilities to the
congressional defense committees and passage of a waits 30-day waiting
period. The provision would also authorize the secretary concerned to
indemnify the leasee from any claim for personal injury or property
damage, that results from the release of hazardous substance, pollutants
or contaminants, petroleum, or unexploded ordnance as a result of
Department of Defense activities on the military installation at which
the leased property is located.
The Senate recedes with an amendment that would include the
construction of new facilities as in-kind consideration and authorize
the secretary concerned to use funds received from money rentals for the
construction or acquisition of new facilities. The amendment would
impose a notice and wait requirement for any new construction or
acquisition of new facilities exceeding $500,000. The amendment would
also not include a requirement for a certification by the Comptroller
General prior to secretarial acceptance of in-kind consideration or
money rentals.
Conveyance authority regarding utility systems of military
departments (sec. 2813)
The House bill contained a provision (sec. 2813) that would amend
section 2688 of title 10, United States Code, to require the secretary
concerned to comply with the competition requirements of section 2304 of
title 10, United States Code, in the conveyance of utility system
infrastructure. The provision would also require that the secretary
concerned carry out a conveyance or award only if he determines that the
conveyance or award complies with State laws, regulations, rulings, and
policies governing the provision of utility systems.
The Senate amendment contained a provision (sec. 2813) that would
amend section 2688 of title 10, United States Code, to clarify that the
secretary concerned may use procedures other than competitive procedures
only under the circumstances specified in section 2304 (c) through (f)
of title 10, United States Code.
The House recedes with an amendment that would require the secretary
concerned to structure the solicitation process for the privatization of
utility systems on military installations in such a manner that would
allow, to the maximum extent possible, all interested regulated and
unregulated entities the opportunity to acquire and operate utility
systems on military installations regardless of franchise rights in the
area of the installation concerned. The amendment would also direct the
secretary concerned to require the conveyee or awardee of the utility
system to manage and operate the utility system consistent with federal
and state regulations pertaining to health safety, fire, and
environmental requirements.
Permanent conveyance authority to improve property management
(sec. 2814)
The Senate amendment contained a provision (sec. 1063) that would
extend the authority of the Administrator of the General Services
Administration to convey surplus property to local governments for law
enforcement purposes until December 2002.
The House bill amendment contained no similar provision.
The House recedes with an amendment that would make permanent the
authority of the Administrator of the General Services Administration to
convey surplus property to local governments for law enforcement
purposes.
SUBTITLE C--DEFENSE BASE CLOSURE AND REALIGNMENT
Scope of agreements to transfer property to redevelopment
authorities without consideration under the base closure laws (sec.
2821)
The Senate amendment contained a provision (sec. 2821) that would
amend section 2905 of the Department of Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101 510) and
section 204 of the Defense Authorization Amendments and Base Closure
Realignment Act (title II of Public Law 100 526) to clarify that the
seven-year period to account for the proceeds from any sale or lease of
property received by the redevelopment authority begins with the date of
the initial transfer of property.
The House bill contained no similar provision.
The House recedes.
SUBTITLE D--LAND CONVEYANCES
PART I--ARMY CONVEYANCES
Transfer of jurisdiction, Rock Island Arsenal, Illinois (sec. 2831)
The House bill contained a provision (sec. 2831) that would
authorize the transfer of, and exchange of jurisdiction on, a parcel of
real property with improvements consisting of approximately 23 acres at
Rock Island Arsenal, Illinois, between the Secretary of the Army and the
Secretary of Veterans' Affairs. The parcel is to be incorporated into
the Rock Island National Cemetery.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Army Reserve Center, Galesburg, Illinois (sec. 2832)
The House bill contained a provision (sec. 2832) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements, consisting of approximately
4.65 acres in Galesburg, Illinois, to Knox County, Illinois.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Charles Melvin Price Support Center,
Illinois (sec. 2833)
The House bill contained a provision (sec. 2839) that would
authorize the Secretary of the Army to convey a parcel of real property
with improvements consisting of approximately 752 acres to the Tri-City
Regional Port District of Granite City, Illinois. As consideration for
the conveyance, the Secretary shall determine if the Port District
satisfies the criteria to qualify for a public benefit conveyance. If
the public interest is served, the Secretary may accept an amount less
than fair market value for a lease of the property. The cost of any
surveys necessary for the conveyance would be borne by the Port
District.
The Senate amendment contained a similar provision (sec. 2831).
The Senate recedes with an amendment that would authorize the
Secretary of the Army to require as a condition for the conveyance that
the Port District lease to the Department of Defense or any other
federal agency facilities on the property to be conveyed. The amendment
would also make certain technical corrections.
Land conveyance, Fort Riley, Kansas (sec. 2834)
The House bill contained a provision (sec. 2841) that would
authorize the Secretary of the Army to convey, without consideration,
approximately 70 acres of real property at the Fort Riley Military
Reservation, Fort Riley, Kansas, to the State of Kansas. The purpose of
the conveyance would be to establish a State-operated veterans cemetery.
All costs associated with the conveyance would be borne by the State.
The provision would waive the screening requirement under section 2696
of title 10, United States Code.
The Senate amendment contained a similar provision (sec. 2836).
The House recedes with a technical amendment.
Land conveyance, Fort Polk, Louisiana (sec. 2835)
The House bill contained a provision (sec. 2834) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements, consisting of approximately
200 acres at Fort Polk, Louisiana, to the State of Louisiana. The
property is to be used for the establishment of a State-run veterans'
cemetery. The cost of any surveys necessary for the conveyance would be
borne by the Commission.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Army Reserve Center, Winona, Minnesota (sec. 2836)
The House bill contained a provision (sec. 2833) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements to Winona State University
Foundation. The property is to be used for educational purposes. The
cost of any surveys necessary for the conveyance would be borne by the
Foundation.
The Senate amendment contained an identical provision (sec. 2837).
The conference agreement includes this provision.
Land conveyance, Fort Dix, New Jersey (sec. 2837)
The House bill contained a provision (sec. 2836) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements, consisting of approximately
two acres and containing a parking lot inadvertently constructed on the
parcel, at Fort Dix, New Jersey, to Pemberton Township, New Jersey.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Nike Site 43, Elrama, Pennsylvania (sec. 2838)
The House bill contained a provision (sec. 2837) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements, consisting of approximately
160 acres in Elmara, Pennsylvania, to the Board of Supervisors of Union
Township, Pennsylvania. The parcel is to be used for municipal and other
public purposes. The cost of any surveys necessary for the conveyance
would be borne by the Township.
The Senate amendment contained no similar provision.
The Senate recedes.
Land exchange, Army Reserve Local Training Center,
Chattanooga, Tennessee (sec. 2839)
The House bill contained a provision (sec. 2840) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements, consisting of approximately
15 acres at the Army Reserve Local Training Center, Chattanooga,
Tennessee, to the Medal of Honor Museum, Inc., Chattanooga, Tennessee.
The parcel is to be used as a museum and for other educational purposes.
The cost of any surveys necessary for the conveyance would be borne by
the Corporation.
The Senate amendment contained no similar provision.
The Senate recedes with a technical amendment.
Land exchange, Fort Hood, Texas (sec. 2840)
The House bill contained a provision (sec. 2838) that would
authorize the Secretary of the Army to convey a parcel of real property
with improvements, consisting of approximately 100 acres at Fort Hood,
Texas, to the City of Copperas Cove, Texas. As consideration for the
conveyance, the City would convey one or more parcels of real property,
consisting of approximately 300 acres, to the Secretary. The cost of any
surveys necessary for the conveyances would be borne by the City.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Fort Pickett, Virginia (sec. 2841)
The House bill contained a provision (sec. 2835) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property with improvements, consisting of approximately
700 acres, at Fort Pickett, Virginia, to the Commonwealth of Virginia.
The property is to be used for the development and operation of a public
safety training facility. The cost of any surveys necessary for the
conveyance would be borne by the Commonwealth.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Fort Lawton, Washington (sec. 2842)
The Senate amendment contained a provision (sec. 2834) that would
authorize the Secretary of the Army to convey, without consideration, a
parcel of real property at Fort Lawton, Washington, consisting of Area
500 and Government Way from 36th Avenue to Area 500 to the City of
Seattle, Washington. The property is to be used for inclusion in
Discovery Park, Seattle, Washington.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Vancouver Barracks, Washington (sec. 2843)
The House bill contained a provision (sec. 2842) that would
authorize the Secretary of the Army to convey, without consideration, to
the City of Vancouver, Washington, two parcels of real property,
including any improvements, at Vancouver Barracks, Washington, known as
East and West Barracks.
The Senate amendment contained a provision (sec. 2835) that would
authorize the Secretary of the Army to convey, without consideration, to
the City of Vancouver, Washington, a parcel of real property, including
any improvements, at Vancouver Barracks, Washington, known as the West
Barracks.
The House recedes.
PART II--NAVY CONVEYANCES
Modification of land conveyance, Marine Corps Air Station, El
Toro, California (sec. 2846)
The House bill contained a provision (sec. 2852) that would amend
section 2811 of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101 189) to modify the permissible uses of
funds received by the Secretary of the Navy.
The Senate amendment contained a similar provision (sec. 2851).
The House recedes with a technical amendment.
Modification of authority for Oxnard Harbor District, Port
Hueneme, California, to use certain Navy property (sec. 2847)
The House bill contained a provision (sec. 2851) that would amend
section 2843 of the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103 337) to clarify the restrictions
on the use of real property under the jurisdiction of the Secretary of
the Navy by the Oxnard Harbor District, Port Hueneme, California. This
provision would also clarify the forms of consideration that the
District shall pay to the Secretary for the use of the property.
The Senate amendment contained an identical provision (sec. 2855).
The conference agreement includes this provision.
Transfer of jurisdiction, Marine Corps Air Station, Miramar,
California (sec. 2848)
The House bill contained a provision (sec. 2853) that would
authorize the transfer of, and exchange of jurisdiction on, a parcel of
real property with improvements, consisting of approximately 250 acres
at Marine Corps Air Station, Miramar, California, between the Secretary
of the Navy and the Secretary of the Interior. The parcel is to be
incorporated into the Vernal Pool Unit of the San Diego National
Wildlife Refuge.
The Senate amendment contained no similar provision.
The Senate recedes.
Land exchange, Marine Corps Recruit Depot, San Diego,
California (sec. 2849)
The House bill contained a provision (sec. 2856) that would
authorize the Secretary of the Navy to convey a parcel of real property
with improvements, consisting of approximately 44.5 acres at Marine
Corps Recruit Depot, San Diego, California, to the San Diego Unified
Port District. As consideration for the conveyance, the Port District
would convey to the Secretary a parcel of real property contiguous to
the installation and would construct suitable replacement facilities and
necessary supporting structures, as determined by the Secretary.
The Senate amendment contained no similar provision.
The Senate recedes.
Lease of property, Naval Air Station, Pensacola, Florida (sec. 2850)
The House bill contained a provision (sec. 2855) that would
authorize the Secretary of the Navy to lease real property improvements
to be designed and constructed by the Naval Aviation Museum Foundation
at the National Museum of Naval Aviation at Naval Air Station,
Pensacola, Florida, to the Foundation for a period up to 50 years, with
an option to renew for an additional 50 years. The improvements are to
be used for the development and operation of a National Flight Academy.
As a condition for the lease, the Foundation would make the property
available at no cost to the Secretary under certain specified
conditions. This section would also authorize the Secretary to provide
assistance to the Foundation in the form services on a reimbursable
basis.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Naval Reserve Center, Tampa, Florida (sec. 2851)
The House bill contained a provision (sec. 2858) that would
authorize the Secretary of the Navy to convey a parcel of real property
with improvements, consisting of approximately 2.18 acres and comprising
the Naval Reserve Center, Tampa, Florida, to the Tampa Port Authority.
As consideration for the conveyance, the Port Authority would be
required to provide a replacement facility and to bear all reasonable
costs incurred during the relocation. The cost of any surveys necessary
for the conveyance would be borne by the Port Authority.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of land conveyance, Defense Fuel Supply Point,
Casco Bay, Maine (sec. 2852)
The Senate amendment contained a provision (sec. 2852) that would
amend section 2839 of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103 337) to authorize the
Secretary of Defense to replace electric utility service removed during
environmental remediation at Defense Fuel Supply Point, Casco Bay,
Maine. The provision would also authorize the Secretary, in consultation
with the community, to improve the utility services and install
telecommunications service, provided the community funds the cost of the
improvements.
The House bill contained no similar provision.
The House recedes with an amendment that would direct the Secretary
of Defense to use funds available from Operations and
Maintenance, Defense-Wide to replace the electric utility service.
Land conveyance, Naval Computer and Telecommunications
Station, Cutler, Maine (sec. 2853)
The Senate amendment contained a provision (sec. 2854) that would
authorize the Secretary of the Navy to convey, without consideration, a
parcel of real property with improvements consisting of approximately
263 acres known as the Naval Computer and Telecommunications Station,
Cutler, Maine, to the State of Maine, any political subdivision of the
State of Maine, or any tax-supported agency in the State of Maine. The
provision would authorize the Secretary to lease the property to the
recipient pending the conveyance of the deed and would authorize the
Secretary to require the recipient of the property to reimburse the cost
of any environmental assessment or other studies required with respect
to the conveyance of the property paid by the Secretary.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Modification of land conveyance authority, former Naval
Training Center, Bainbridge, Cecil County, Maryland (sec. 2854)
The Senate amendment contained a provision (sec. 2853) that would
amend section 1 of an Act to convey land in Cecil County, Maryland
(Public Law 99 596) to authorize the Secretary of the Navy to reduce the
amount of consideration received from the State of Maryland by an amount
equal to the cost of restoring the historic buildings on the property.
The total amount of the reduction would not exceed $500,000.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Marine Corps Base, Camp Lejeune, North
Carolina (sec. 2855)
The Senate amendment contained a provision (sec. 2856) that would
authorize the Secretary of the Navy to convey a parcel of real property
with improvements consisting of approximately 50 acres known as the
railroad right-of-way located between Highway 24 and Highway 17 at
Marine Corps Base, Camp Lejeune, North Carolina, to the City of
Jacksonville, North Carolina. The parcel is to be used for a bike/green
way trail. The city would reimburse the Secretary for the costs incurred
in carrying out the conveyance.
The House bill contained no similar provision.
The House recedes with clarifying amendment.
Land exchange, Naval Air Reserve Center, Columbus, Ohio (sec. 2856)
The House bill contained a provision (sec. 2857) that would
authorize the Secretary of the Navy to convey a parcel of real property
with improvements, consisting of approximately 24 acres comprising the
Naval Air Reserve Center at Rickenbacker International Airport, Ohio, to
the Rickenbacker Port Authority of Columbus, Ohio. As consideration for
the conveyance, the Authority would convey to the Secretary a parcel of
real property consisting of approximately 15 acres. This section would
require the Secretary to utilize the property conveyed by the Authority
as the site for a joint reserve center for units associated with the
Naval Air Reserve Center at the Airport and the Naval and Marine Corps
Reserve Center currently located in Columbus, Ohio. The cost of any
survey necessary for the exchange would be borne by the Authority.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Naval Station, Bremerton, Washington (sec. 2857)
The conferees agree to include a provision that would authorize the
Secretary of the Navy to convey a parcel of real property with
improvements consisting of approximately 45.8 acres and comprising the
former East Park Transient Family Accommodations, Naval Station,
Bremerton, Washington, to the City of Bremerton, Washington. The
property would be used for public benefit purposes. The conveyance would
be without consideration except in the event the City uses the property
for other purposes. In such an event, the City would pay fair market
value, as determined by an appraisal acceptable to the Secretary. The
City would be required to reimburse the Secretary for any administrative
expenses incurred in carrying out the conveyance.
PART III--AIR FORCE CONVEYANCES
Land conveyance, Los Angeles Air Force Base, California (sec. 2861)
The House bill contained a provision (sec. 2863) that would
authorize the Secretary of the Air Force to convey on terms the
Secretary considers appropriate, any or all portions of four parcels of
real property with improvements, totaling approximately 111 acres at Los
Angeles Air Force Base, California. As consideration for the conveyance,
the recipient shall provide for the design and construction, acceptable
to the Secretary, of one or more facilities to consolidate the mission
and support functions at the installation. Any such facilities
would comply with specified seismic and safety standards. The
provision would also authorize the Secretary to enter into a lease for
the facility for a period not to exceed 10 years in the event the fair
market value of a facility provided as consideration for the conveyance
exceeds the fair market value of the conveyed property. Rental payments
under the lease would be established at the rate necessary for the
lessor to recover, by the end of the lease term, the difference between
the fair market value of the facility and the fair market value of the
conveyed property. The cost of any surveys necessary for the conveyance
would be borne by the recipient.
The Senate amendment contained an identical provision (sec. 2862).
The conference agreement includes this provision.
Land conveyance, Point Arena Air Force Station, California (sec. 2862)
The House bill contained a provision (sec. 2862) that would
authorize the Secretary of the Air Force to convey, without
consideration, a parcel of real property with improvements, consisting
of approximately 82 acres at the Point Arena Air Force Station,
California, to Mendocino County, California. The property is to be used
for municipal and other public purposes. The cost of any surveys
necessary for the conveyance would be borne by the County.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would modify the condition
of conveyance to authorize Mendocino County to reconvey the property
without consideration only for public benefit purposes.
Land conveyance, Lowry Air Force Base, Colorado (sec. 2863)
The House bill contained a provision (sec. 2864) that would
authorize the Secretary of the Air Force to convey, without
consideration, or lease, under such terms as he considers appropriate,
to the Lowry Redevelopment Authority approximately 23 acres at the
former Lowry Air Force Base, Colorado. The purpose of the conveyance
would be for economic development and other public purposes.
The Senate amendment contained no similar provision.
The Senate recedes.
Land conveyance, Wright Patterson Air Force Base, Ohio (sec. 2864)
The House bill contained a provision (sec. 2861) that would
authorize the Secretary of the Air Force to convey, without
consideration, a parcel of real property with improvements, consisting
of approximately 92 acres at Wright Patterson Air Force Base, Ohio, to
Greene County, Ohio. The property is to be used for recreational
purposes. The cost of any surveys necessary for the conveyance would be
borne by the County.
The Senate amendment contained no similar provision.
The Senate recedes.
Modification of land conveyance, Ellsworth Air Force Base,
South Dakota (sec. 2865)
The Senate amendment contained a provision (sec. 2861) that would
amend section 2863 of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105 85) to modify the
recipient of the property from the Greater Box Elder Economic
Development Corporation to the West River Foundation for Economic and
Community Development, Sturgis, South Dakota.
The House bill contained no similar provision.
The House recedes.
Land conveyance, Mukilteo Tank Farm, Everett, Washington (sec. 2866)
The Senate amendment contained a provision (sec. 2863) that would
authorize the Secretary of the Air Force to convey, without
consideration, a parcel of real property with improvements consisting of
approximately 22 acres, known as the Mukilteo Tank Farm, to the Port of
Everett, Washington. The parcel is to be used for the development and
operation of a port facility. The provision would authorize the
Secretary to convey personal property, excess to the needs of the Air
Force, in the event the Secretary of Transportation determines it is
appropriate for the development or operation of the tank farm as a port
facility. The provision would also authorize the Secretary to provide an
interim lease to the Port for the facility until transferred by deed.
The House bill contained no similar provision.
The House recedes.
PART IV--OTHER CONVEYANCES
Land conveyance, Army and Air Force Exchange Service
property, Farmers Branch, Texas (sec. 2871)
The House bill contained a provision (sec. 2871) that would
authorize the Secretary of Defense to permit the Army and Air Force
Exchange Service to sell a parcel of real property with improvements in
Farmers Branch, Texas, for an amount equal to the fair market value of
the parcel. The provision would also require the payment by the
purchaser to be handled in the manner provided by section 485 of title
40, United States Code. The cost of any surveys necessary for the sale
would be borne by the purchaser.
The Senate amendment contained a similar provision (sec. 2871).
The Senate recedes with a technical amendment.
Land conveyance, former National Ground Intelligence Center,
Charlottesville, Virginia (sec. 2872)
The Senate amendment contained a provision (sec. 2881) that would
authorize the Administrator of the General Services to convey, without
consideration, a parcel of real property formerly occupied by the
National Ground Intelligence Center, known as the Jefferson Street
property, to the City of Charlottesville, Virginia. The conveyance would
be for economic purposes. The provision would include a five-year
reversionary clause and waive certain property management laws.
The House bill contained no similar provision.
The House recedes with an amendment that would specify the
conditions that would apply to the reconveyance of the property by the
City.
SUBTITLE E--OTHER MATTERS
Relation of easement authority to leased parkland, Marine
Corps Base, Camp Pendleton, California (sec. 2881)
The House bill contained a provision (sec. 2881) that would amend
section 2851 of the Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105 261) to exempt certain lands
located within Marine Corps Base, Camp Pendleton, California, and leased
by the State of California for use as a restricted access highway from
the requirements of section 303 of title 49 and section 138 of title 23,
United States Code. This section would also require the Foothill/Eastern
Transportation Agency to be responsible for the implementation of any
mitigation measures required by the Secretary of Transportation.
The Senate amendment contained no similar provision.
The Senate recedes.
Extension of demonstration project for purchase of fire,
security, police, public works, and utility services from local
government agencies (sec. 2882)
The House bill contained a provision (sec. 2882) that would amend
section 816 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103 337), as amended, to extend the period under which
a demonstration project is authorized for the purchase of fire,
security, police, public works, and utility services from local
government at specified locations in Monterey, California.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would extend the period
under which the demonstration project is authorized for one year.
The conferees note the multiple extensions of this authority.
However, the conferees are aware that both the Secretary of the Army and
the Secretary of the Navy are in the process of implementing a pilot
program. The conferees expect both services to demonstrate success prior
to any further extension of these authorities.
Acceptance and use of gifts for construction of third
building at United States Air Force Museum, Wright-Patterson Air Force
Base, Ohio (sec. 2883)
The Senate amendment contained a provision (sec. 2892) that would
authorize the Secretary of the Air Force to accept funds provided by the
Air Forces Museum Foundation to support the construction of a third
building for the United States Air Force Museum at Wright-Patterson Air
Force Base, Ohio. The provision would direct that any funds not needed
to meet current requirements would be invested in public debt securities
as determined by the Comptroller of the Air Force Material Command. The
proceeds of investments would be used for construction. Upon completion
of the project the escrow would be closed and any funds remaining in the
account could be used by the Secretary of the Air Force as he or she
considers appropriate.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Development of Marine Corps Heritage Center at Marine Corps
Base, Quantico, Virginia (sec. 2884)
The Senate amendment contained a provision (sec. 2893) that would
authorize the Secretary of the Navy to enter into a joint venture with
the Marine Corps Heritage Foundation for the design and construction of
the Marine Corps Heritage Center. The provision would also authorize the
Secretary to accept, without compensation, a parcel of real property,
known as Locust Shade Park, from the County of Prince William, Virginia.
The provision would also exempt the County from the requirement to
provide replacement property, as required under section 6 of the Land
and Water Conservation Fund Act of 1965. Upon completion of construction
and the satisfaction of any financial obligations incurred by the Marine
Corps Heritage Foundation, the Center would become the property of the
Department of the Navy. The provision would further authorize the
Secretary to lease the Center to the Heritage Foundation for revenue
generating purposes. As compensation, the Foundation would pay the
Secretary an amount equal to the cost of operating the facility.
The House bill contained no similar provision.
The House recedes.
Activities relating to the greenbelt at Fallon Naval Air
Station, Nevada (sec. 2885)
The Senate amendment contained a provision (sec. 2894) that would
require the Secretary of the Navy, in consultation with the Secretary of
the Army acting through the Chief of Engineers, to carry out appropriate
activities after examination of the potential environmental and flight
safety ramifications of eliminating irrigation in the greenbelt at
Fallon Naval Air Station, Nevada.
The House bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Navy to carry out all
appropriate activities consistent with current legal requirements.
Establishment of World War II Memorial on Guam (sec. 2886)
The House bill contained a provision (sec. 2883) that would
authorize the Secretary of Defense, in consultation with the American
Battle Monuments Commission, to establish a suitable memorial on federal
property near the Fena Caves in Guam to honor those civilians killed
during the occupation of Guam during World War II and to commemorate the
liberation of Guam by the Armed Forces of the United States in 1944.
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees expect the Secretary to establish a memorial that
requires minimal maintenance.
Naming of Army Missile Testing Range at Kwajalein Atoll as
the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll
(sec. 2887)
The House bill contained a provision (sec. 2884) that would
designate the missile testing range at Kwajalein Atoll as the Ronald
Reagan Ballistic Defense Test Site at Kwajalein Atoll.
The Senate amendment contained an identical provision (sec. 2891).
The conference agreement includes this provision.
Designation of Building at Fort Belvoir, Virginia, in honor
of Andrew T. McNamara (sec. 2888)
The House bill contained a provision (sec. 2885) that would
designate a building at Fort Belvoir, Virginia, as the Andrew T.
McNamara Building.
The Senate amendment contained no similar provision.
The Senate recedes.
Designation of Balboa Naval Hospital, San Diego, California,
in honor of Bob Wilson, a former member of the House of Representatives
(sec. 2889)
The House bill contained a provision (sec. 2886) that would
redesignate the Balboa Naval Hospital, San Diego, California, as the Bob
Wilson Naval Hospital.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding importance of expansion of
National Training Center, Fort Irwin, California (sec. 2890)
The House bill contained a provision (sec. 2887) that would express
a sense of Congress that the prompt expansion of the National Training
Center is vital to the national security interests of the United States.
The Senate amendment contained no similar provision.
The Senate recedes.
Sense of Congress regarding land transfers at Melrose Range,
New Mexico, and Yakima Training Center, Washington (sec. 2891)
The Senate amendment contained a provision (sec. 2895) that would
express a sense of Congress that the land transfers at Melrose Range,
New Mexico, and Yakima Training Center, Washington, will support
military training, safety, and land management concerns on the lands
subject to transfer.
The House bill contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Applicability of competition policy to alternative authority
for acquisition and improvement of military family housing
The Senate amendment contained a provision (sec. 2805) that would
amend subchapter IV of chapter 169 of title 10, United States Code, to
require that the secretary concerned use competitive procedures when
exercising the alternative authorities for the acquisition and
improvement of military housing. The secretary concerned could waive
competitive procedures if he determines competition would be
inconsistent with the public interest and notifies the Congress in
writing of such determination not less than 30 days before entering the
agreement.
The House bill contained no similar provision.
The Senate recedes.
The conferees note the innovative approaches undertaken by the
service secretaries in execution of the alternative authorities for the
acquisition and improvement of military housing. The conferees remain
strongly supportive of these authorities and believe competition in the
private marketplace has resulted in a number of successful procurements
after an early period of difficulty in program implementation. While
supportive of a variety of innovative options to construct and acquire
military housing under these authorities, the conferees were concerned
that a methodology considered by the Secretary of the Air Force in the
determination of the awardee of the housing privatization project at
Patrick Air Force Base, Florida, appeared to be noncompetitive and to
delegate the selection process to the private sector. The conferees are
aware that the Secretary has subsequently directed a change in the
solicitation process. The conferees reiterate that the use of
competitive procedures should apply when exercising the alternative
authorities for the acquisition and improvement of military housing,
regardless of the process that may be used.
Land conveyance, Colonel Harold E. Steele Army Reserve Center
and Maintenance Shop, Pittsburgh, Pennsylvania
The Senate amendment contained a provision (sec. 2833) that would
authorize the Secretary of the Army to convey, at fair market value, a
parcel of real property, with improvements, located at 6482 Aurelia
Street in Pittsburgh, Pennsylvania, and containing the Colonel Harold E.
Steele Army Reserve Center and Maintenance Shop to the Ellis School,
Pittsburgh, Pennsylvania. The cost of any survey necessary for the
conveyance would be borne by the Ellis School.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Secretary of the Army and the Ellis
School are in the process of negotiating a land exchange under the
authority provided by section 18233 of title 10, United States Code. The
conferees urge the Secretary to complete the exchange as soon as
practical and on an equitable basis.
Land conveyance, Lieutenant General Malcolm Hay Army Reserve
Center, Pittsburgh, Pennsylvania
The Senate amendment contained a provision (sec. 2832) that would
authorize the Secretary of the Army to convey, at fair market value, a
parcel of real property, with improvements, located at 950 Saw Mill Run
Boulevard in Pittsburgh, Pennsylvania, and containing the Lieutenant
General Malcolm Hay Army Reserve Center to the City of Pittsburgh,
Pennsylvania. The cost of any surveys necessary for the conveyance would
be borne by the City.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Secretary of the Army and the City of
Pittsburgh are in the process of negotiating a land exchange under the
authority provided by section 18233 of title 10, United States Code. The
conferees urge the Secretary to complete the exchange as soon as
practical and on an equitable basis.
Lease of property, Marine Corps Air Station, Miramar, California
The House bill contained a provision (sec. 2854) that would
authorize the Secretary of the Navy to lease, without consideration, a
parcel of real property with improvements, consisting of approximately
44 acres and known as the Hickman Field, to the City of San Diego,
California, for a period not to exceed five years. The lease would be
subject to the condition that the City maintain the property at no cost
to the United States, make the property available to the existing tenant
at no cost, and use the property solely for recreational purposes. The
cost of any survey necessary for the lease would be borne by the City.
The Senate amendment contained no similar provision.
The House recedes.
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 for fiscal year 2001, 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 environmental management privatization; other
defense activities; and defense nuclear waste disposal.
The budget request included for the atomic energy defense activities
totaled $13.2 billion, an 8.3 percent increase over the adjusted fiscal
year 2000 level. Of the total amount requested: $4.6 billion would be
for weapons activities; $1.6 billion would be for other nuclear security
activities; $4.6 billion would be for defense environmental restoration
and waste management activities; $1.1 billion would be for defense
facility closure projects; $540.1 million would be for defense
environmental management privatization; $555.1 million would be for
other defense activities; $112.0 million would be for defense nuclear
waste disposal; $17.0 million would be for a Department of Energy
Employees Compensation Initiative; and $140.0 million would be for the
formerly utilized sites remedial action program.
The conferees agree to authorize $13.1 billion for atomic energy
defense activities, a decrease of $118.7 million to the budget request.
The conferees agree to authorize $6.4 billion for the national nuclear
security administration (NNSA), an increase of $244.7 million of the
amount authorized for the NNSA: $4.8 billion would be for weapons
activities, an increase of $246.3 million; $877.5 million would be for
defense nuclear nonproliferation, a decrease of $28.6 million; and
$694.6 million would be for naval reactors, an increase of $17.0
million. The conferees agree to authorize $6.0 billion for defense
environmental restoration and waste management activities, an increase
of $1.4 billion. Of the amount authorized for environmental management
activities: $1.1 billion would be for closure projects, the amount of
the request; $941.7 million would be for site and project completion, a
decrease of $29.2 million; $3.4 billion would be for post fiscal year
2006 completion, an increase of $324.0 million; $246.5 million would be
for technology development, an increase of $50.0 million; and $355.0
million would be for program direction, a decrease of $4.9 million. The
conferees agree to authorize $91.0 million for defense environmental
management privatization projects, a decrease of $450.0 million. The
conferees agree to authorize $523.8 million for other defense
activities, a decrease of $31.3 million. Of the amount authorized for
other defense activities: $38.1 million would be for the Office of
Intelligence, the amount of the request; $45.2 million would be for the
Office of Counterintelligence, the amount of the budget request; $284.1
million would be for the Office of Security and Emergency Operations, a
decrease of $56.3 million; $14.9 million would be for independent
oversight and performance assurance, the amount of the request; $134.1
million would be for environment, safety and health-defense, an increase
of $25.0 million; $24.5 million would be for the Office of Worker and
Community Transition, the amount of the budget request; and $3.0 million
would be for the Office of Hearings and Appeals, the amount of the
budget request. The conferees agree to authorize $112.0 million for
defense nuclear waste disposal, the amount of the budget request. The
conferees agree to authorize no funding for the formerly utilized sites
remedial action program, a decrease of $140.0 million, and agree to
authorize no funding for the Department of Energy Employees Compensation
Initiative, a decrease of $17.0 million.
The following table summarizes the budget request and the conferees
recommendations:
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
[Graphic Image Not Available]
ITEMS OF SPECIAL INTEREST
Report on authorities and limitations in general recurring provisions
The conferees direct the Secretary of Energy, in consultation with
the Administrator for Nuclear Security and the Assistant Secretary for
Environmental Management, to submit to the Committees on Armed Services
of the Senate and House of Representatives, not later than January 15,
2001, a report on the effect, advantages, and disadvantages of the
authorities granted and limitations imposed in sections 3121 through
3129 of this Act.
LEGISLATIVE PROVISIONS ADOPTED
SUBTITLE A--NATIONAL SECURITY PROGRAMS AUTHORIZATIONS
National Nuclear Security Administration (sec. 3101)
The budget request included $6.2 billion for activities of the
Department of Energy (DOE) National Nuclear Security Administration
(NNSA).
The House bill contained a provision (sec. 3101) that would
authorize $6.3 billion for activities of the NNSA, an increase of $91.8
million.
The Senate amendment contained a similar provision (sec. 3101) that
would authorize $6.3 billion for activities of the NNSA, an increase of
$124.7 million.
The conferees agree to authorize $6.4 billion for activities of the
NNSA, an increase of $244.7 million.
Weapons activities
The budget request included $4.6 billion for weapons activities,
including: $836.6 million for directed stockpile work; $1.0 billion for
campaigns; $2.0 billion for readiness in technical base and facilities;
$115.7 million for secure transportation asset; $414.2 million for
construction; and $224.1 million for program direction.
The House bill would authorize $4.7 billion for weapons activities,
an increase of $83.8 million. The amount authorized is for the following
activities: $856.6 million for directed stockpile work; $2.1 billion for
campaigns; $1.4 billion for readiness in technical base and facilities;
$115.7 million for secure transportation asset; $159.8 million for
construction; and $216.9 million for program direction.
The Senate amendment would authorize $4.7 billion for weapons
activities, an increase of $153.8 million. The amount authorized is for
the following activities: $842.6 million for directed stockpile work;
$1.5 billion for campaigns; $1.5 billion for readiness in technical base
and facilities; $115.7 million for secure transportation asset; $588.2
million for construction; and $221.6 million for program direction.
The conferees agree to authorize $4.8 billion for weapons
activities, an increase of $246.3 million. The amount authorized is for
the following activities: $862.6 million for directed stockpile work, an
increase of $26.0 million; $2.1 billion for campaigns, an increase of
$749.8 million; $1.6 billion for readiness in technical base and
facilities, a decrease of $524.5 million; $115.7 million for secure
transportation asset, the amount of the budget request; and $219.1
million for program direction, a decrease of $5.0 million.
Directed stockpile work
In the directed stockpile work account, the conferees agree to
authorize: an increase of $6.0 million for a cooperative research effort
with the Department of Defense regarding defeating hard and deeply
buried targets; an increase of $5.0 million for life extension and
repairs for the B 61 warhead and other directed stockpile work at the
Kansas City Plant; an increase of $4.0 million for life extension and
repairs for the B 61 and W 76 warheads and other directed stockpile work
at the Y 12 Plant; an increase of $5.0 million for radiographic
inspection of nuclear weapons components and assemblies, vacuum chamber
inspection activities, testing in the accelerated aging unit, and other
stockpile evaluation activities at the Pantex plant; and an increase of
$6.0 million for quality evaluation and certification activities and
joint test assemblies at the Y 12 plant.
Campaigns
In the campaigns account, the conferees agree to authorize: an
increase of $15.0 million for the pit manufacturing readiness campaign
to begin conceptual design activities for a pit production facility
adequate to meet future national security needs; an increase of $477.1
million for the defense computing and modeling campaign to reflect the
consolidation of all defense computing and modeling activities into a
single program line item; an increase of $144.7 million to reflect the
consolidation of all inertial confinement fusion activities into a
single program line item; an increase of $10.0 million for joint
Department of Defense-NNSA high energy laser research; an increase of
$135.0 million for the National Ignition Facility construction, which
includes a transfer of $40.0 million from the inertial confinement
fusion ignition and high yield campaign operations and maintenance
account; an increase of $3.0 million to complete the American Textiles
Partnership (AMTEX) project; an increase of $25.0 million for continued
preliminary design and engineering development activities in the
accelerator production
of tritium project (98 D 126); a decrease of $20.0 million to
the defense computing and modeling campaign to reflect delays in
acquisition of the 100-trillion-operations-per-second computer platform
and to slow the rate of growth in the Visual Interactive Environment
Weapon Simulation (VIEWS) and university partnership programs; and the
budget request of $32.1 million for the University of Rochester's
Laboratory for Laser Energetics.
Readiness in technical base and facilities
In the readiness in technical base and facilities account, the
conferees agree to authorize: an increase of $56.3 million to reflect
the movement of the nuclear emergency search team and accident response
group from the other defense activities emergency management account to
the weapons activities account; an increase of $20.0 million for the
Kansas City Plant to continue advanced manufacturing, modernization,
infrastructure enhancement, and skills retention efforts; an increase of
$13.0 million for the Pantex Plant for infrastructure improvements; an
increase of $8.0 million for the Y 12 Plant for infrastructure
improvements; a decrease of $144.7 million to reflect the transfer of
inertial confinement fusion activities to the inertial confinement
fusion ignition and high yield campaign account; and a decrease of
$477.1 million to reflect the transfer of computing and modeling
activities to the defense computing and modeling campaign account.
Of the funds available for directed stockpile work, the conferees
agree to authorize $5.0 million for a cooperative program with the
Defense Threat Reduction Agency to re-establish a vigorous nuclear
weapon effects test capability. The program shall emphasize the need to
invest in all elements of nuclear weapon effects technologies, including
basic phenomenology, analysis and modeling, radiation effects
simulation, and hardening technologies.
The conferees recommend that the fiscal year 2002 budget request
include a separate program element for the operation of each NNSA
facility, rather than one consolidated facility operations program
element.
Construction
In the construction account, the conferees agree to authorize no
funding. The conferees transferred all construction projects to the
campaigns and readiness in technical base and facilities accounts. The
conferees direct the Administrator to submit an NNSA budget request in
fiscal year 2002 that reflects the alignment of construction projects
with associated program elements.
Program direction
In the program direction account, the conferees agree to authorize a
decrease of $5.0 million.
The conferees direct that the proposed decrease be achieved through
the reorganization and realignment of headquarters and field office
roles and responsibilities. The conferees believe that the performance
of the Office of Defense Programs will be improved by eliminating
duplicative efforts and by streamlining management control of DOE
weapons activities.
The conferees continue to believe that the Office of Defense
Programs is overstaffed. The conferees note that several independent
assessments of the organizational structure of the Office of Defense
Programs, dating back as far as calendar year 1997, have also concluded
that the Office of Defense Programs would benefit from a realignment of
headquarters and field organization personnel. The conferees expect the
Department to utilize the authority to make the voluntary separation
incentive payments authorized in the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106 65) to fully implement the
realignment recommendations described in the calendar year 1997 report
by the Institute for Defense Analysis. The conferees encourage the
Administrator to make effective use of this authority to establish up to
300 excepted service positions in the Administration provided in section
3241 of the National Defense Authorization Act for Fiscal Year 2000
(P.L. 106 65). The conferees believe that this authority will be a
valuable tool to provide NNSA with personnel competent to manage
technically complex projects.
Budget structure for Office of the Deputy Administrator for
Defense Programs
The conferees commend the Office of Defense Programs for
establishing a more detailed and transparent budget structure. The
conferees continue to believe that this new budget structure will
greatly enhance the effectiveness of these programs and instill a higher
degree of budgetary discipline in the Office of Defense Programs. The
conferees further believe that the new budget structure will also assist
Congress in assessing the degree of integration among varied
experiments, simulation, research, and weapons assessments activities
carried out at DOE weapons laboratories and production plants. The
conferees direct that future budget requests for weapons activities
clearly identify the funding required for each campaign and each program
under the directed stockpile work and the readiness in technical base
and facilities accounts.
National Ignition Facility
The conferees remain disappointed at the management, schedule, and
budget difficulties experienced by the NIF program, but are convinced of
the significance of the project in
sustaining the U.S. nuclear stockpile. The conferees believe
that recent improvements in program management justify the increase for
NIF construction.
Nuclear Emergency Search Team
The conferees note that the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106) requires that the Nuclear
Emergency Search Team (NEST) remain a program function within the Office
of Military Applications under the Office of Defense Programs. The
conferees have transferred NEST funding from the Department of Energy
Other Defense Activities account to the NNSA to reflect this
requirement.
Accelerated Strategic Computing Initiative
The conferees note that the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65) expressed concern about the rate of
growth in the Advanced Strategic Computing Initiative (ASCI) and
Strategic Computing accounts. The conferees believe that the rate of
growth for the NNSA defense computing and modeling campaign remains very
high and that such funding increases have not been adequately justified.
The conferees encourage the Administrator for Nuclear Security to
properly align resources for ASCI and other computing and modeling
activities with other experimental tools required to sustain the U.S.
nuclear stockpile.
Plutonium pit production
The conferees are aware that the November 8, 1999, report of the
Panel to Assess the Reliability, Safety, and Security of the U.S.
Nuclear Stockpile stated that its ``paramount concern'' with the DOE
stockpile stewardship program ``. . . is the need to begin work now on
an adequate plutonium pit production manufacturing capability.'' The
conferees endorse this finding and direct the Secretary of Energy to
begin conceptual design activities for a pit production facility with a
capacity adequate to meet future national security needs immediately.
Accelerator Production of Tritium
The conferees are concerned about proposals to fund continued APT
design activities in the Office of Nuclear Energy, Science and
Technology. In order to maintain clear lines of authority, the conferees
believe that programs with direct relevance to the core missions of NNSA
should be managed and funded by NNSA.
Defense Nuclear Nonproliferation
The budget request included $906.0 million for defense nuclear
nonproliferation and fissile materials disposition, including: $233.0
million for nonproliferation verification research and development;
$408.1 million for arms control; $213.5 million for fissile materials
disposition; and $51.5 million for program direction.
The House bill would authorize $914.0 million for defense nuclear
nonproliferation, an increase of $8.0 million. The amount authorized is
for the following activities: $233.0 million for nonproliferation
verification research and development; $408.1 million for arms control;
$221.5 million for fissile materials disposition; and $51.5 million for
program direction.
The Senate amendment would authorize $859.5 million for defense
nuclear nonproliferation, a decrease of $46.5 million. The amount
authorized is for the following activities: $263.0 million for
nonproliferation verification research and development; $320.6 million
for arms control; $224.5 million for fissile materials disposition; and
$51.5 million for program direction.
The conferees agree to authorize $877.5 million for defense nuclear
nonproliferation, a decrease of $28.6 million. The amount authorized is
for the following activities: $253.0 million for nonproliferation
verification research and development, an increase of $20.0 million;
$320.6 million for arms control, a decrease of $87.5 million; $252.4
million for fissile materials disposition, an increase of $29.0 million;
and $51.5 million for program direction, the amount of the budget
request.
The conferees note that the Department of Energy Defense Nuclear
Nonproliferation Program was formerly known as the nonproliferation and
national security account during fiscal year 2000. Because DOE did not
request these funds under separate budget accounts, as required by
section 3251 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106 65), the conferees have renamed and consolidated
these activities into a single account. The conferees further note that
the request included separate program direction accounts for the Office
of Nonproliferation and Office of Fissile Materials Disposition. The
conferees established a single defense nuclear nonproliferation account.
Nonproliferation verification research and development
In the nonproliferation verification research and development
account the conferees agree to authorize an increase of $20.0 million
for detecting and deterring weapons of mass destruction proliferation,
monitoring nuclear explosions, detecting and responding to chemical and
biological weapons attacks, and conducting evaluations of the technical
capabilities of other geographic areas that pose a threat to U.S.
National
Security because of the potential for development and delivery
of weapons of mass destruction.
Arms control
In the arms control account the conferees agree to authorize an
increase of $12.5 million for the Nuclear Cities Initiative. The
conferees would authorize no funding for the long-term nonproliferation
program for Russia.
Fissile materials control and disposition
In the fissile materials control and disposition account, the
conferees agree to authorize an increase of $11.0 million to accelerate
design activities for the mixed oxide fuel fabrication facility.
Naval Reactors
The budget request included $677.6 million for naval reactors.
The House bill would authorize $677.6 million for naval reactors,
the amount of the request.
The Senate amendment would authorize $695.0 million for naval
reactors, an increase of $17.4 million.
The conferees agree to authorize $694.6 million for naval reactors,
an increase of $17.0 million for expedited decommissioning and
decontamination activities at surplus facilities.
Office of the Administrator
The conferees agree to authorize $10.0 million for the Office of the
Administrator, an increase of $10.0 million. The conferees note that the
budget request did not include funding for the Office of the
Administrator. The conferees direct that future budget requests include
a separate budget line for the administrative activities of the Office
of the Administrator.
Safeguards and security activities
The conferees note that DOE has proposed a budget amendment that
would consolidate all safeguards and security funds into a single
program to be managed by the Office of Security and Emergency
Operations. The conferees do not support this proposal. The conferees
direct that all funds authorized for safeguards and security activities
pursuant to this section be managed exclusively by NNSA employees or
NNSA contractor employees. Consistent with the National Nuclear Security
Administration Act (Title 32 of Public Law 106 65; 113 Stat. 957; 50
U.S.C. 2402) the Administrator for Nuclear Security is not authorized to
transfer or delegate responsibility for any safeguards and security
activities of the NNSA to any employee or office outside the NNSA.
Defense environmental restoration and waste management (sec. 3102)
The budget request included $4.6 billion for environmental
management activities of the Department of Energy (DOE).
The House bill contained a provision (sec. 3102) that would
authorize $4.6 billion for environmental management activities, an
increase of $40.0 million. The amount authorized would be for the
following activities: $1.0 billion for site and project completion, an
increase of $40.0 million; $3.1 billion for post 2006 completion, the
amount of the budget request; $196.5 million for science and technology
development, the amount of the budget request; and $359.9 million for
program direction, the amount of the budget request.
The Senate amendment contained a similar provision (sec. 3102) that
would authorize $5.6 billion for environmental management activities,
including closure activities, a decrease of $56.9 million. The amount
authorized would be for the following activities: $1.1 billion for
closure projects, the amount of the budget request; $930.9 million for
site and project completion, a decrease of $40.0 million; $3.2 billion
for post 2006 completion, an increase of $70.0 million; $246.5 million
for technology development, an increase of $50.0 million; and $354.9
million for program direction, a decrease of $5.0 million. The Senate
provision would also authorize a decrease of $132.0 million to account
for available uncosted, unobligated prior year funds and funds to be
deobligated from completed, prior year construction projects.
The conferees agree to authorize $6.0 billion for environmental
management activities, an increase of $1.4 billion. The amount
authorized is for the following activities: $1.1 billion for closure
projects, the amount of the budget request; $941.7 million for site and
project completion, a decrease of $29.2 million; $3.4 billion for post
2006 completion, an increase of $324.0 million; $246.5 million for
technology development, an increase of $50.0 million; and $355.0 million
for program direction, a decrease of $4.9 million.
Post 2006 completion
For post 2006 completion activities, the conferees agree to
authorize: an increase of $332.0 million to establish a new construction
line item for the Tank Waste Remediation System Project; an increase of
$10.0 million for the Columbia River Corridor Initiative at the Hanford
Site to continue reactor decontamination and decommissioning activities;
and a decrease of $18.0 million to reflect the movement of the
Environmental Systems Research and Analysis Program into the Science and
Technology Development Account. The conferees recommend full
funding for the F-canyon and H-canyon materials processing facilities.
The conferees agreed to establish a separate sub-account within the
post 2006 completion account for the activities of Office of River
Protection. The conferees have consolidated all post 2006 completion
construction projects that support operation of the Hanford site tank
farm into this sub-account, including a new construction line item for
the Tank Waste Remediation System Project.
Site and project completion
For site and project completion activities, the conferees agree to
authorize: an increase of $11.0 million to accelerate compliance with 94
1 requirements at the Savannah River Site, including pre-operational
activities to support planned stabilization campaigns, acceleration of
the Americium/Curium stabilization project, and continued operation of
the HB-Line Phase I to process plutonium residues; a decrease of $27.9
million to reflect the transfer of the highly enriched (HEU) uranium
blend-down project (01 D 407) to the National Nuclear Security
Administration Office of Fissile Materials Disposition; a decrease of
$10.0 million in operation and maintenance funds to reflect transfer of
the HEU blend-down project; and a decrease of $2.3 million to reflect
the movement of the Environmental Systems Research and Analysis Program
into the Science and Technology Development account.
Science and technology development
For science and technology development activities, the conferees
agree to authorize: an increase of $50.0 million for applied research
and development activities. The amount authorized reflects the
consolidation of the Environmental Systems Research and Analysis Program
into the Science and Technology Development Account.
The conferees note that the cleanup and waste management efforts of
the Department will continue well into the 21st Century with costs
anticipated to exceed $150.0 billion and much of the cleanup work
scheduled to continue beyond fiscal year 2030. DOE must make meaningful
investments in innovative science and technology in order to reduce
costs, reduce safety and health risks, and develop solutions to problems
for which there are currently no available or effective technologies.
Columbia River Corridor Initiative
The conferees support the Columbia River Corridor Initiative to
accelerate cleanup along the Hanford Reach of the Columbia River. The
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106
65) directed the Assistant Secretary of Energy for Environmental
Management to establish a schedule by which the 100 square miles of the
Hanford site that adjoin the Columbia River could be cleaned up on an
accelerated schedule and proposed for removal from the National
Priorities List. The conferees note that this schedule has not been
submitted to Congress. The conferees expect that this report will be
provided not later than November 1, 2000.
Report on pilot program to use prior year unobligated
balances to accelerate cleanup of the Rocky Flats Environmental
Technology Site
The conferees encourage the Secretary of Energy to use the authority
provided by section 3176 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65) to accelerate closure of the Rocky
Flats Environmental Technology Site.
Safeguards and Security Activities
The conferees direct that all funds authorized for safeguards and
security activities pursuant to this section be managed exclusively by
Office of Environmental Management (EM) employees or EM contractor
employees, and that such activities not be transferred or delegated to
any office outside EM.
Other defense activities (sec. 3103)
The budget request included $555.1 million for other defense
activities.
The House bill contained a provision (sec. 3103) that would
authorize $557.1 million for other defense activities, an increase of
$2.0 million.
The Senate amendment contained a similar provision (sec. 3103) that
would authorize $466.3 million for other defense activities, a decrease
of $88.8 million.
The conferees agree to authorize $523.8 million for other defense
activities, a decrease of $31.3 million. The amount authorized would be
for the following activities: $38.1 million for the Office of
Intelligence, the amount of the budget request; $45.2 million for the
Office of Counterintelligence, the amount of the budget request; $284.1
million for the Office of Security and Emergency Operations, a decrease
of $56.3 million; $14.9 million for independent oversight and
performance assurance, the amount of the budget request; $134.1 million
for environment, safety and health-defense, an increase of $25.0
million; $24.5 million for the Office of Worker and Community
Transition, the amount of the budget request; and $3.0 million for the
Office of Hearings and Appeals, the amount of the budget request.
Office of Security and Emergency Operations
The conferees agree to authorize a decrease of $56.3 million to the
Office of Security and Emergency Operations emergency management program
to reflect movement of the nuclear emergency search team to the weapons
activities account authorized in section 3101(a)(1) of this Act.
Environment, safety and health defense
The conferees agree to authorize an increase of $25.0 million for
environment, safety and health-defense to carry out the administrative
activities associated with the establishment of an occupational illness
compensation program for Department of Energy (DOE) and DOE contractor
employees at the Department's defense nuclear facilities.
The conferees note that DOE requested authorization to begin making
compensation payments in fiscal year 2001 with Atomic Energy Defense
funding. The conferees further note that the Secretary of Energy has not
submitted a comprehensive legislative proposal to Congress to establish
such an employee compensation program. The conferees agree not to
authorize any such payments from Atomic Energy Defense funding.
Office of worker and community transition
Of the funds available for worker and community transition
activities, the conferees agree to authorize $5.0 million to support
cleanup and infrastructure development at the Allied General Nuclear
Site immediately adjacent to the DOE Savannah River Site.
The conferees endorse DOE's decision to remove the requirement that
management and operating contracts at DOE sites include provisions for
conducting economic development activities in the communities
surrounding such sites. The conferees encourage DOE contractors to
continue to be good corporate citizens by supporting community-based
initiatives. The conferees believe, however, that economic development
activities of DOE contractors should not be used as a measure of
performance or as a selection criteria for the award of contracts.
Defense environmental management privatization (sec. 3104)
The budget request included $540.1 million for defense environmental
management privatization projects and the use of $25.1 million from
prior year, uncosted balances.
The House bill contained a provision (sec. 3105) that would
authorize $284.1 million for defense environmental management
privatization projects, a decrease of $256.0 million. Of the amount
authorized: $194.0 million would be for the Tank Waste Remediation
System Project, phase I (Richland); $65.0 million would be for the
Advanced Mixed Waste Treatment project (Idaho); and $25.1 million would
be for spent nuclear fuel dry storage (Idaho). The provision would
authorize a decrease of $25.1 million to reflect the use of prior year,
uncosted balances in the defense environmental management privatization
account.
The Senate amendment contained a similar provision (sec. 3104) that
would authorize $390.1 million for defense environmental management
privatization projects and would authorize a decrease of $150.0 million
to the Tank Waste Remediation System (TWRS) Project. The provision would
also authorize a decrease of $25.1 million to reflect the use of prior
year, uncosted balances in the defense environmental management
privatization account.
The conferees agree to authorize $90.1 million for defense
environmental management privatization projects, including $65.0 million
for the Advanced Mixed Waste Treatment project (Idaho) and $25.1 million
for spent nuclear fuel dry storage (Idaho). The conferees agree to
authorize a decrease of $90.1 million to reflect the use of prior year,
uncosted balances in the defense environmental management privatization
account.
The conferees are deeply concerned with the status of the TWRS
project. The conferees note that the cost estimate for the construction
portion of this project increased from $3.2 billion to $6.4 billion,
translating into a total estimated project cost increase from $6.9
billion to over $15.2 billion under the privatization approach. The
conferees further understand that these cost estimates were based on a
project design that is only 13 to 15 percent complete and, therefore,
subject to additional change.
The conferees fully support the TWRS project and believe that the
technological approach proposed is viable and realistic. The conferees
also believe it is vitally important that this project proceed to full
scale construction provided the Secretary of Energy has established a
high degree of confidence in the overall project cost and other facility
requirements. As a result, the conferees have moved the TWRS project to
the post 2006 completion account and recommend no privatization funds
for the project.
In order to make the funds for termination liability available for
other purposes, the conferees have included a separate provision in this
Act that would prohibit the use of appropriated funds to establish a
reserve for contract termination costs for the TWRS project.
Defense nuclear waste disposal (sec. 3105)
The budget request included $112.0 million for the Department of
Energy (DOE) fiscal year 2001 defense contribution to the Defense
Nuclear Waste Fund.
The House bill contained a provision (sec. 3106) that would
authorize $112.0 million for the DOE fiscal year 2001 defense
contribution to the Defense Nuclear Waste Fund.
The Senate amendment contained an identical provision (sec. 3106).
The conference agreement includes this provision.
SUBTITLE B--RECURRING GENERAL PROVISIONS
Reprogramming (sec. 3121)
The House bill contained a provision (sec. 3121) that would prohibit
the reprogramming of funds in excess of 110 percent of the amount
authorized for the program, or in excess of $1.0 million above the
amount authorized for the program, until the Secretary of Energy submits
a report to the congressional defense committees and a period of 45 days
has elapsed after the date on which the report is received.
The Senate bill contained a similar provision (sec. 3121) that would
prohibit the reprogramming of funds in excess of 110 percent of the
amount authorized for the program, or in excess of $1.0 million above
the amount authorized for the program, until the Secretary of Energy
submits a report to the congressional defense committees and a period of
30 days has elapsed after the date on which the report is received.
The House recedes.
Limits on general plant projects (sec. 3122)
The House bill contained a provision (sec. 3122) that would
authorize the Secretary of Energy to carry out any construction project
authorized under general plant projects if the total estimated cost does
not exceed $5.0 million. The provision would require the Secretary to
submit a report to the congressional defense committees detailing the
reasons for the cost variation if the cost of the project is revised to
exceed $5.0 million.
The Senate amendment contained an identical provision (sec. 3122).
The conference agreement includes this provision.
Limits on construction projects (sec. 3123)
The House 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 provision would prohibit the Secretary of Energy from
exceeding 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. This provision would also
specify that the 125 percent limitation would not apply to projects
estimated to cost under $5.0 million.
The Senate amendment contained an identical provision (sec. 3123).
The conference agreement includes this provision.
Fund transfer authority (sec. 3124)
The House bill contained a provision (sec. 3124) that would permit
funds authorized by this Act to be transferred to other agencies of the
government for performance of work for which the funds were authorized
and appropriated. The provision would permit the merger of such
transferred funds with the authorized funds 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 this Act that
may be transferred between authorization accounts within the Department
of Energy.
The Senate amendment contained an identical provision (sec. 3124).
The conference agreement includes this provision.
Authority for conceptual and construction design (sec. 3125)
The House bill contained a provision (sec. 3125) that would limit
the authority of the Secretary of Energy 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 the conceptual design exceeds $3.0 million, the
provision would require the Secretary to request funds for the
conceptual design before requesting funds for construction. The
provision would also provide an exception to these requirements in the
case of an emergency.
The Senate amendment contained an identical provision (sec. 3125).
The conference agreement includes this provision.
Authority for emergency planning, design, and construction
activities (sec. 3126)
The House bill contained a provision (sec. 3126) that would permit
the Secretary of Energy to perform planning and design with any funds
available to the Department of Energy pursuant to this title, including
those funds authorized for advance 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 Senate amendment contained an identical provision (sec. 3126).
The conference agreement includes this provision.
Funds available for all national security programs of the
Department of Energy (sec. 3127)
The Senate amendment contained a provision (sec. 3127) that would
authorize amounts 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 bill contained no similar provision.
The House recedes.
Availability of funds (sec. 3128)
The House bill contained a provision (sec. 3127) that would
authorize funds for operation and maintenance or for plant projects and
capital equipment within the Department of Energy (DOE) national
security programs until the later of the following dates: October 1,
2003; or the date of enactment of the Act that would authorize funds for
such activities in fiscal year 2004. The provision would also authorize
funds for program direction within DOE national security programs until
the later of the following dates: October 1, 2001; or the date of
enactment of the Act that would authorize funds for program direction in
fiscal year 2002.
The Senate amendment contained a similar provision (sec. 3128) that
would authorize funds for DOE national security programs to remain
available until expended, except for program direction funds which would
remain available until the end of fiscal year 2003.
The House recedes with an amendment that would authorize funds for
program direction until the end of fiscal year 2002.
The conferees note that section 3152 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 301) required
that the National Nuclear Security Administration submit a budget
request that would include funding authorization for a limited number of
years. Additional funding limitations for future budget requests are
addressed elsewhere in this conference agreement.
Transfers of defense environmental management funds (sec. 3129)
The House bill contained a provision (sec. 3128) that would provide
the manager of each field office of the Department of Energy with
limited authority to transfer up to $5.0 million in fiscal year 2001
defense environmental management funds from one program or project under
the jurisdiction of the office to another such program or project,
including site project and completion and post fiscal year 2006
completion funds, once in a fiscal year.
The Senate bill contained a similar provision (sec. 3129).
The Senate recedes.
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Funding for termination costs of River Protection Project,
Richland, Washington (sec. 3131)
The House bill contained a provision (sec. 3131) that would prohibit
the Secretary of Energy from using appropriated funds to establish a
reserve for the payment of termination costs of contracts relating to
the tank waste remediation system at Richland, Washington, and would
identify alternatives to pay for these costs should the need arise.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Enhanced cooperation between National Nuclear Security
Administration and Ballistic Missile Defense Organization (sec. 3132)
The House bill contained a provision (sec. 3132) that would
establish the basis for expanded cooperation between the Ballistic
Missile Defense Organization and the National Nuclear Security
Administration.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Reprogramming of funds available for infrastructure upgrades
or maintenance in certain accounts of the National Nuclear Security
Administration (sec. 3133)
The House bill contained a provision (sec. 3134) that would prohibit
the use of funds authorized to be appropriated for the National Nuclear
Security Administration for infrastructure upgrades or maintenance in
the readiness of the technical base and facilities or construction
accounts to be used for any other purpose.
The Senate amendment contained no similar provision.
The Senate recedes with a clarifying amendment.
Adjustment of composite theoretical performance levels for
post-shipment verification reports on advanced supercomputers sales to
certain foreign nations (sec. 3134)
The House bill contained a provision (sec. 3136) that would conform
the reporting levels to those established under section 1211 of the
National Defense Authorization Act for Fiscal Year
1998 (Public Law 105 85) as they apply to the Department of
Energy report on sales by participants in the Accelerated Strategic
Computing Initiative.
The Senate amendment contained an identical provision.
The conference agreement includes this provision.
Modification of counterintelligence polygraph program (sec. 3135)
The Senate amendment contained a provision (sec. 3154) that would
amend section 3154 of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106 65) by authorizing the Secretary of Energy to
waive the requirement that certain Department of Energy (DOE) employees
and DOE contractor employees successfully pass a counterintelligence
polygraph exam before such employees can be granted access to high-risk
programs. The provision would allow the Secretary to waive this
requirement for any individual for a period not to exceed 120 days, if
the Secretary determines that: (1) such a waiver is in the national
security interests of the United States; (2) the covered employee has
been granted a security clearance; and (3) the covered employee signs a
written acknowledgment that the employment is conditioned upon
successfully passing a counterintelligence polygraph exam within 120
days of the date of signing such an acknowledgment. The provision would
also allow the Secretary to waive this requirement for any individual
who the Secretary determines: (1) has completed successfully a
full-scope counterintelligence polygraph exam while employed with
another federal agency; or (2) should not be examined because of
treatment for a medical or psychological condition.
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
Secretary to waive polygraph requirements on a one-time basis for any
individual employee and would prohibit the Secretary from using the need
to maintain the scientific viability of a DOE laboratory as a criteria
for approving any such waivers. The amendment would further require that
employees holding a sensitive compartmented information clearance be
subject to these requirements.
Employee incentives for employees at closure project
facilities (sec. 3136)
The House bill contained a provision (sec. 3137) that would provide
incentives for retention and separation of federal employees at closure
facilities of the Department of Energy (DOE) established pursuant to
section 3143 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104 106). Such incentives would include the
accumulation of annual leave up to 720 hours, lump sum retention
allowances of up to 30 percent of an employee's salary, freeze the cost
of and continue health benefits for employees who are either voluntarily
or involuntarily separated, and provide authority for voluntary
reductions in force. The authority would terminate at a DOE site when
closure is completed.
The Senate amendment contained a similar provision (sec. 3155) that
would provide similar incentives, including lump sum retention
allowances of up to 40 percent of an employee's salary, authority to pay
voluntary separation incentive payments (also referred to as buyouts),
and authority to make temporary assignments of certain DOE employees to
private sector organizations, on a non-reimbursable basis. The authority
would terminate on September 23, 2001.
The House recedes with an amendment that would provide the following
incentives: (1) the accumulation of annual leave up to 720 hours; (2)
lump sum retention allowances of up to 30 percent of an employee's
salary; (3) freeze the cost of and continue health benefits for
employees who are either voluntarily or involuntarily separated; and (4)
provide authority for voluntary reductions in force. The authority would
terminate on March 31, 2007.
Continuation of processing, treatment, and disposition of
legacy nuclear materials (sec. 3137)
The Senate amendment contained a provision (sec. 3151) that would
require the Secretary of Energy to maintain a high state of readiness at
the F-canyon and H-canyon facilities at the Savannah River site. The
provision would further prohibit the use of funds to begin
decommissioning activities at the F-canyon facility, including studies
and planning, until the Defense Nuclear Facilities Safety Board and the
Secretary of Energy submit a report certifying that all materials
currently present in the facility are safely stabilized and the
requirements for the facility to meet future fissile materials
disposition needs can be fully met utilizing the H-canyon facility. The
provision would require the Secretary to submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan
describing how all long-term chemical separations activities would be
transferred from the F-canyon facility to the H-canyon facility
beginning in fiscal year 2002. The report would be submitted not later
than February 15, 2001.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
to identify those fissile materials disposition needs that will require
an alternative capability, including a description of the alternative
capability and a justification of why any such requirements cannot be
carried out at the H-canyon facility.
Limitation on use of certain funds pending certifications of
compliance with Formerly Utilized Sites Remedial Action Program funding
prohibition (sec. 3138)
The Senate amendment contained a provision (sec. 3152) that would
prohibit the use of any funds authorized or otherwise made available to
the Department of Energy by this or any other Act for travel by the
Secretary of Energy or any employees of the Office of Secretary of
Energy after March 1, 2001, unless or until the Secretary certifies to
the congressional defense committees that no Atomic Energy Defense funds
will be obligated or expended for treatment, storage, or disposal
activities at sites designated as Formerly Utilized Site Remedial Action
Program (FUSRAP) sites.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the use of
travel funds by the Secretary of Energy, any employee of the Office of
the Secretary, or the Chief of Engineers of the Army Corps of Engineers
after November 1, 2001, unless or until the Secretary and Chief each
certifies to the congressional defense committees that no Atomic Energy
Defense funds will be obligated or expended for treatment, storage, or
disposal activities at FUSRAP sites.
The conferees note that the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106 65) prohibits any Atomic Energy Defense
funds authorized or otherwise made available to the Department of Energy
for any fiscal year after fiscal year 1999 from being obligated or
expended to conduct treatment, storage, or disposal activities at sites
designated as FUSRAP sites. The conferees continue to support the
cleanup of FUSRAP sites in an expeditious, cost-effective manner. The
conferees, however, do not support the use of scarce Atomic Energy
Defense funds for this purpose.
Conceptual design for Subsurface Geosciences Laboratory at
Idaho National Engineering and Environmental Laboratory, Idaho Falls,
Idaho (sec. 3139)
The Senate amendment contained a provision (sec. 3156) that would
authorize the Secretary of Energy to obligate up to $400,000 to carry
out conceptual design activities for a new Subsurface Geoscience
Facility Laboratory at the Idaho National Engineering and Environmental
Laboratory (INEEL), Idaho Falls, Idaho. The provision would prohibit
obligation of the funds until 60 days after the Secretary submits a
report to the congressional defense committees identifying: (1) the need
to conduct mesoscale experiments to meet long-term Department of Energy
(DOE) cleanup requirements; (2) the possibility of utilizing existing
structures to house such a new facility; (3) the estimated construction
costs of the facility; (4) the estimated annual operating costs of the
facility; (5) how the facility would utilize the capabilities of other
DOE and non-DOE sites; and (6) an analysis of costs, savings, and
benefits that are unique to INEEL.
The House bill contained no similar provision.
The House recedes with a technical amendment.
Report on National Ignition Facility, Lawrence Livermore
National Laboratory, Livermore, California (sec. 3140)
The Senate amendment contained a provision (sec. 3158) that would
require the Secretary of Energy to submit to the Committees on Armed
Services of the Senate and House of Representatives a report setting
forth a revised cost and schedule baseline for completion of the
National Ignition Facility (NIF) in Livermore, California. The provision
would prohibit the obligation of more than 50 percent of the funds
available for NIF until the report is submitted. The provision would
further require that the Comptroller General report not later than March
31, 2001, to the Committees on Armed Services of the Senate and House of
Representatives on: (1) the relationship of NIF to other elements of the
Department of Energy nuclear weapons program; (2) the potential impacts
if completion of the NIF were to be delayed; (3) a detailed description
and analysis of the funds spent on NIF to date; and (4) an assessment of
whether Lawrence Livermore National Laboratory has established a revised
baseline for NIF that has achievable goals and milestones.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
River Protection Project, Richland, Washington (sec. 3141)
The House bill contained a provision (sec. 3135) that would rename
the tank waste remediation project at the Department of Energy's (DOE)
Hanford Site as the River Protection Project.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would require the
Assistant Secretary of Energy for Environmental Management to delegate,
in writing, responsibility for management of the Office of River
Protection (ORP) to the manager of that office. The delegation would
include authority for contracting, financial management, safety, and
general program management that are equivalent to those vested in other
operations office managers. The ORP manager would, to the maximum extent
possible, be required to coordinate all ORP activities with the manager
of the DOE Richland Operations Office.
The conferees note that section 3139 of the National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105 261) made the
manager of the Office of River Protection responsible for managing all
aspects of this critical cleanup program. The conferees expect the
Assistant Secretary to comply with the requirement for a written
delegation of authority as expeditiously as possible. The conferees
further expect that the Assistant Secretary will be provided with
sufficient personnel and other resources to manage the tank waste
program in an efficient and streamlined manner.
Report on tank waste remediation system, Hanford Reservation,
Richland, Washington (sec. 3142)
The Senate amendment contained a provision (sec. 3157) that would
authorize an increase of $150.0 million to carry out an accelerated
cleanup and waste management program at the Hanford Site in Richland,
Washington. The provision would also require the Secretary of Energy to
submit a report to Congress not later than December 15, 2000, on the
Tank Waste Remediation System (TWRS) project, including: (1) a proposed
plan for processing and stabilizing all nuclear wastes located in the
Hanford Tank Farm; (2) a proposed schedule for carrying out the plan;
(3) the total estimated cost of carrying out the plan; and (4) a
description of any alternative options to the proposed plan and
description of the costs and benefits of each such option.
The House bill contained no similar provision.
The House recedes with an amendment that would require the report to
include the following additional items: (1) a description of the volumes
and characteristics of those wastes or materials that are not intended
to be treated during Phase 1(B) of the project and (2) a plan for
developing, demonstrating, and implementing advanced vitrification
system technologies that might be required to safely treat and stabilize
any out of specification wastes or materials, such as polychlorinated
biphenyls, that cannot be treated and stabilized with the technologies
proposed to be utilized during Phase 1(B) of the project.
SUBTITLE D--MATTERS RELATING TO MANAGEMENT OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION
Term of office of person first appointed as Under Secretary
for Nuclear Security of the Department of Energy (sec. 3151)
The Senate amendment contained a provision (sec. 3131) that would
establish a fixed term of office for the first individual appointed as
the Under Secretary for Nuclear Security at the Department of Energy.
The individual would be subject to removal by the President only for
inefficiency, neglect of duty, or malfeasance in office.
The House bill contained no similar provision.
The House recedes.
Membership of Under Secretary for Nuclear Security on the
Joint Nuclear Weapons Council (sec. 3152)
The Senate amendment contained a provision (sec. 3132) that would
designate the Under Secretary for Nuclear Security of the Department of
Energy (DOE) to serve as the DOE representative on the Joint Nuclear
Weapons Council.
The House bill contained no similar provision.
The House recedes.
Organization plan for field offices of the National Nuclear
Security Administration (sec. 3153)
The Senate amendment contained a provision (sec. 3135) that would
require the Under Secretary for Nuclear Security of the Department of
Energy to develop an appropriate staffing and organization plan to carry
out the activities of the National Nuclear Security Administration
(NNSA). The plan would identify: (1) the roles and responsibilities to
be assigned to each NNSA field organizational unit and the NNSA
headquarters organization; (2) any modifications, downsizing,
eliminations, or consolidations of NNSA headquarters and field
organization units; (3) any modifications to headquarters and field
office staffing levels that the Under Secretary determines are necessary
to implement the plan; and (4) a schedule by which the plan could be
implemented. The plan would be submitted to the congressional defense
committees not later than March 1, 2001.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Under
Secretary to submit the plan not later than May 1, 2001.
Required contents of future-years nuclear security program (sec. 3154)
The House bill contained a provision (sec. 3133) that would make
certain findings that the budget submission for fiscal year 2001 to
Congress does not comply with requirements imposed by sections 3251 and
3253 of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106 65); would establish requirements for the content of the
future years nuclear security program to be submitted annually by the
Administrator of the National Nuclear Security Administration (NNSA)
pursuant to section 3253; and would prohibit the obligation of more than
50 percent of funds authorized for appropriation for program direction
within NNSA until 30 days after the Administrator provides Congress with
the required future years nuclear security program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would remove the
restriction on use of program direction funds.
Future-years nuclear security program for fiscal year 2001 (sec. 3155)
The Senate amendment contained a provision (sec. 3136) that would
require the Under Secretary for Nuclear Security to submit a
future-years nuclear security program plan that would contain the
estimated expenditures necessary to support the programs, projects, and
activities of the National Nuclear Security
Administration (NNSA). The report would be submitted to
Congress not later than November 1, 2000.
The House contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that the Secretary of Energy was required by
section 3135 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104 201) and section 3253 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65) to provide a
five-year budget plan, and that the Secretary failed to comply with such
requirements. The conferees further note that the Secretary of Defense
provides such future year budget data to Congress concurrent with the
submission of the budget request. The conferees believe that such a plan
will provide an important planning tool for the Secretary, the
Administrator, and the Congress, and would serve as a baseline upon
which the congressional defense committees can better evaluate
succeeding budget submissions.
The conferees are aware that DOE submitted a future years nuclear
security program plan to the Office of Management and Budget as part of
its fiscal year 2001 budget request. The conferees believe that this
plan will meet the requirements of this provision.
Engineering and manufacturing research, development, and
demonstration by plant managers of certain nuclear weapons production
plants (sec. 3156)
The Senate amendment contained a provision (sec. 3175) that would
authorize the Secretary of Energy to establish a Plant Manager Research,
Development, and Demonstration (PMRDD) program to support innovative
engineering and systems activities at the nuclear weapons production
plants. The program would be limited to the Y 12 plant in Oak Ridge,
Tennessee, the Kansas City plant in Kansas City, Missouri, and the
Pantex plant in Amarillo, Texas. The program would be authorized at a
level not to exceed two percent of the funds available for weapons
activities at such plants.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Administrator of the National Nuclear Security Administration to
authorize the head of each nuclear weapons production plant to establish
a PMRDD program and would allow the Administrator to authorize the head
of each production plant to obligate up to $3.0 million per year from
those funds available in the Advanced Design and Production Technologies
Campaign in fiscal year 2001 to carry out the program.
The conferees anticipate that this program would be used to explore
viable tools and techniques for understanding and replacing sunset
technologies and for developing more agile manufacturing techniques. The
conferees believe the creation of this program will support
recommendations for addressing workforce problems at the production
plants identified by the Commission on Retaining Nuclear Weapons
Expertise (also known as the Chiles Commission) by assisting with
recruiting and retention of outstanding engineers and craftsmen.
Prohibition on individuals engaging in concurrent service or
duties within National Nuclear Security Administration and outside that
Administration but within Department of Energy (sec. 3157)
The Senate amendment contained a provision (sec. 3134) that would
prohibit the use of any funds authorized to be appropriated or otherwise
made available to the Department of Energy (DOE) after fiscal year 2000
to pay the basic pay of an officer or employee of DOE who: (1) serves
concurrently in a position in the National Nuclear Security
Administration (NNSA) and a position outside the NNSA; or (2) performs
concurrently the duties of a position in the NNSA and the duties of a
position outside the NNSA.
The House bill contained no similar provision.
The House recedes with an amendment that would prohibit the practice
of dual office holding.
The conferees recognize that NNSA may benefit from the unique skills
of personnel in other federal agencies, other DOE entities not within
NNSA, and private entities. The conferees believe that the assignment of
detailees with such expertise to the NNSA on an occasional and temporary
basis is acceptable, provided that the specific arrangements for
detailee assignment to NNSA are consistent with the terms of this
provision.
Annual plan for obligation of funds of the National Nuclear
Security Administration (sec. 3158)
The conference agreement includes a provision that would require the
Administrator of the National Nuclear Security Administration (NNSA) to
submit a plan for obligation of amounts requested for each program
element and construction line item expressed as percentage of the
requested amounts in the annual budget and the two succeeding fiscal
years; and an assessment as to whether the NNSA had met the goals of
prior year obligation plans and any plan for corrective actions that
might be needed. The amendment would also require an assessment by the
Comptroller General concerning the adequacy of the NNSA planning,
programming, and budgeting process.
The conferees are disappointed that the Department of Energy failed
to comply with section 3152 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106 65), which required the NNSA to
forward a budget with funding available for a limited number of years.
Authority to reorganize National Nuclear Security
Administration (sec. 3159)
The Senate amendment contained a provision (sec. 3133) that would
limit the authority of the Secretary of Energy to reorganize, abolish,
alter, consolidate, or discontinue any organizational unit or component
of the National Nuclear Security Administration (NNSA).
The House bill contained no similar provision.
The House recedes with an amendment that would authorize the
Administrator to reorganize, abolish, alter, consolidate, or discontinue
any organizational unit or component of the NNSA.
SUBTITLE E--NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT
Technology Infrastructure Pilot Program (sec. 3161)
The Senate amendment contained a provision (section 3163) that would
authorize the Secretary of Energy to obligate up to $10.0 million per
year for a three-year period to establish the Technology Infrastructure
Pilot Program. The pilot program would promote establishment of
technology partnership clusters in the vicinity of certain DOE
laboratories and plants. The provision would authorize each such DOE
site to expend available funds to carry out cooperative activities with
local businesses, universities, research organizations, or state, local,
and tribal governments.
The House had no similar provision.
The House recedes with an amendment that would authorize the
Administrator of the National Nuclear Security Administration (NNSA) to
obligate up to $5.0 million during fiscal years 2001 and 2002 to carry
out the pilot program.
The conferees are concerned that technology partnerships within the
Office of Defense Programs have not been well managed in the past nor
have they resulted in significant return on investment. Nevertheless,
the conferees recognize that public-private collaborations may, if
properly focused and managed, result in the development of commercially
viable technologies that support the core nuclear weapons and nuclear
nonproliferation missions of the NNSA. The Technology Infrastructure
Pilot Program will allow the NNSA laboratories and facilities to explore
new ways to collaborate with private entities in research, training, and
shared facilities to enhance these core NNSA missions. The conferees
note that technology networks of this kind have proven successful in the
private sector. The conferees further note that the provision would not
preclude the possibility of subsequent authorizations in appropriate
circumstances.
Report on small business participation in National Nuclear
Security Administration activities (sec. 3162)
The Senate amendment contained a provision (sec. 3164) that would
require each laboratory to establish a small business advocacy and
assistance program to increase the participation of small businesses in
all contracting aspects of the laboratory. The provision would also
require each laboratory to establish a small business assistance program
to help local small businesses obtain more subcontracts at the
laboratory and improve the commercial value of their products and
services.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Administrator of the National Nuclear Security Administration (NNSA) to
report to the congressional defense committees not later than February
15, 2001, regarding the effectiveness of NNSA small business programs,
recommendations on how to improve them, and any legislative changes
required to implement such improvements.
Study and report related to improving mission effectiveness,
partnerships, and technology transfer at national security laboratories
and nuclear weapons production facilities (sec. 3163)
The Senate amendment contained a provision (sec. 3166) that would
require the Secretary to direct the Laboratory Operations Board to study
and to report on the possible benefits of and need for policies and
procedures to facilitate the transfer of scientific, technical, and
professional personnel among national security laboratories and
facilities. The Board would be required to report on the possible
benefits of and need for changes in the following: (1) the
indemnification requirements for patents or other intellectual property
licensed from a laboratory or facility; (2) the royalty and fee
schedules and types of compensation that may be used for patents or
other intellectual property licensed to a small business concern from a
National Laboratory or facility; (3) the licensing procedures and
requirements for patents and other intellectual property, including
preferences for small businesses started by former laboratory or
facility employees who invented the patented technology or other
intellectual property; (4) the infringement and protections available to
small businesses that have received patents or other intellectual
property from a laboratory or facility; (5) the advance funding
requirements for a small business that funds a project at a laboratory
or facility through a Funds-In-Agreement; (6) the intellectual property
rights allocated to a business that funds a project at a laboratory or
facility through a Funds-In-Agreement; and (7) the policies on
royalty payments to inventors employed by a
contractor-operated laboratory or facility, including those for
inventions made under a Funds-In-Agreement.
The Board would be required to report to the Secretary not later
than one year after the date of enactment of this Act. The Secretary
would be required to transmit the report to Congress not later than one
month after receiving the report of the board concurrent with the
submission of the report of the Secretary shall provide recommendations
regarding appropriate action and legislative proposals.
The House bill contained no similar provision.
The House recedes with an amendment that would require the Secretary
of Energy Advisory Board to prepare and to submit the report related to
the national security laboratories and facilities. The amendment would
also require the report to include the advantages and disadvantages of
providing the Administrator of the National Nuclear Security
Administration with special contracting authority, such as ``other
transactions'' authority.
Report on effectiveness of National Nuclear Security
Administration technology development partnerships with non-Federal
entities (sec. 3164)
The Senate amendment contained a provision (sec. 3137) that would
establish funding goals for cooperative research and development
agreements (CRADAs) of the National Nuclear Security Administration
(NNSA) and require that such CRADAs be consistent with and support the
missions of the National Nuclear Security Administration. The provision
would establish a goal of obligating 0.5 percent of NNSA funds available
during fiscal years 2001 and 2002 for CRADAs, or similar cooperative,
cost-shared research partnerships with non-federal organizations. The
provision would further require the Administrator of the NNSA to submit
a report to the congressional defense committees setting forth a
recommendation as to the appropriate future percentage goals. The
provision would require that the Administrator report to Congress
annually on whether the goals of this provision have been met in the
successive fiscal year. The provision would require the Administrator to
describe the actions necessary to achieve such goals and provide any
legislative changes recommended to achieve them, if the goals have not
been met.
The House bill contained no similar provision.
The House recedes with an amendment that would require the
Administrator to submit to Congress a report on the efficiency and
effectiveness with which the NNSA and its laboratories and facilities
carry out cooperative technology development activities with non-federal
entities, including appropriate funding levels for such cooperative
activities.
Definitions (sec. 3165)
The Senate amendment contained a provision (sec. 3162) that would
define the terms referenced in subtitle E of this Act.
The House bill contained no similar provision.
The House recedes with an amendment that would define the terms
``national security laboratory'' and ``nuclear weapons production
facility'' as they are defined in section 3281 of the National Nuclear
Security Administration Act (Public Law 106 65).
SUBTITLE F--MATTERS RELATING TO DEFENSE NUCLEAR NONPROLIFERATION
Matters Relating to Defense Nuclear Nonproliferation (secs. 3171 3175)
The Senate amendment contained a provision (sec. 3153) that would:
(1) require an annual report and limit funding for the program until an
access policy is established and implemented by the Secretary for the
Nuclear Materials Protection, Control, and Accounting Program; (2)
establish programmatic management criteria and conditions on funds for
the Nuclear Cities Initiative (NCI); and (3) require that funds for the
International Nuclear Safety Program be used only for reactor safety
upgrades and training for reactor operators participating in the
program. The Senate amendment also contained provisions (sec. 3191 3195)
that would expand the NCI by authorizing $30.0 million for fiscal year
2001, require an agreement that provides that Russia will close some of
its facilities engaged in nuclear weapons assembly and disassembly work
within five years in exchange for participating in the NCI, establish
additional programmatic criteria, authorize the Secretary of Energy to
encourage careers in nonproliferation, and express the sense of Congress
on the need for establishing a national coordinator for
nonproliferation.
The House bill contained no similar provision.
The House recedes with a technical amendment regarding the
International Nuclear Safety Program. The amendment would also: (1)
Authorize $30.0 million for fiscal year 2001 for the NCI; (2) prohibit
the obligation or expenditure of funds for more than three nuclear
cities in Russia and two serial production facilities until 30 days
after the Secretary submits to the Committees on Armed Services of the
Senate and House of Representatives a copy of a written agreement that
provides that Russia will close some of its facilities engaged in
nuclear weapons assembly and disassembly work; and (3) limit not more
than $8.7 million from being expended or obligated until the Secretary
establishes and implements project review procedures for projects
under the NCI and submits to the Armed Services Committees of
the Senate and the House of Representatives a report on the project
review procedures established and implemented. The amendment would also
prohibit amounts in excess of $17.5 million from being obligated or
expended until 30 days after the Secretary submits a report to the Armed
Services Committees of the Senate and the House of Representatives that
includes: (1) a copy of a written agreement that provides that Russia
will close some of its facilities engaged in nuclear weapons assembly
and disassembly work within five years in exchange for participation in
the NCI; (2) a certification by the Secretary that project review
procedures have been established and are being implemented and that any
scientific, technical, or commercial projects carried out under the NCI
will meet specific nonproliferation objectives and be commercially
viable in three years; (3) a description of the project review
procedures process; (4) a list of the projects that have undergone
review; and (5) detailed descriptions for each NCI project regarding
project management costs, budgets, commercial viability, income
generation, and the number of Russian jobs created. The amendment would
also urge the President to discuss with the Russian Federation the
development of a plan for restructuring the Russian nuclear weapons
complex, and would authorize $2.0 million for the Secretary to encourage
Russian and U.S. students to pursue nonproliferation careers. The funds
for nonproliferation careers may only be obligated and expended after
conditions are met for fiscal year 2001 funds in excess of $17.5
million, and after the Administrator for Nuclear Security provides prior
notification to Congress that these funds will be expended. Finally, the
House amendment expresses the sense of Congress on the need for
effective and clear coordination of U.S.-Russian nonproliferation
programs.
The conferees believe that the Department should support projects
that have the greatest potential for commercialization in the near term
through the rapid creation of Russian jobs in the closed cities.
In addition, the conferees agree to include a provision that would
direct the Secretary to submit to the Armed Services Committees of the
Senate and the House of Representatives not later than March 1, 2001, a
report on the Department's recent and planned efforts to ensure adequate
oversight and accountability of its nonproliferation programs in Russia,
and the potential costs and impacts of on-the-ground monitoring. The
conferees further direct the Comptroller General to conduct a review of
the information contained in the Secretary's report to assess the
information and provide the Congress with a report of the Comptroller
General's assessment not later than April 15, 2001. The conferees are
interested in ensuring that the Department of Energy has adequate
assurance that federal funds expended in Russia for nonproliferation
programs are being expended for the purposes for which they are
intended, as exemplified in the legislative provision on access for the
Materials Protection, Control, and Accounting program.
SUBTITLE G--OTHER MATTERS
Extension of authority for appointment of certain scientific,
engineering, and technical personnel (sec. 3191)
The Senate amendment contained a provision (sec. 3171) that would
extend the authority of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103 337) related to excepted service hiring
for up to 200 positions.
The House bill contained no similar provision.
The House recedes.
Biennial report containing update on nuclear test readiness
postures (sec. 3192)
The Senate amendment contained a provision (sec. 3172) that would
require the Secretary of Energy to update the nuclear test readiness
report required by section 3152 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104 106) on a biennial basis. The
Secretary would be required to submit the first updated report to the
congressional defense committees not later than February 15, 2001. The
reports would include a listing and description of those workforce
skills and capabilities that are essential to carry out the missions of
the site, a listing and description of the required infrastructure and
physical plant that are essential to carry out the missions of the site,
and an assessment of the readiness status of the workforce and
infrastructure. The report would be submitted in unclassified form, but
could include a classified annex.
The House bill contained no similar provision.
The House recedes.
Frequency of reports on inadvertent releases of restricted
data and formerly restricted data (sec. 3193)
The Senate amendment contained a provision (sec. 3173) that would
amend section 3161 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106 65) to require the Secretary of
Energy to report inadvertent releases of restricted data and formerly
restricted data on a quarterly basis rather than 30 days after any such
release.
The House bill contained no similar provision.
The House recedes with a clarifying amendment that would make the
quarterly report mandatory, regardless of whether there is a reportable
incident during the period by the report.
Form of certifications regarding the safety or reliability of
the nuclear weapons stockpile (sec. 3194)
The Senate amendment contained a provision (sec. 3174) that would
require the annual certification to the President regarding the safety
and reliability of the U.S. nuclear stockpile be submitted in classified
form.
The House bill contained no similar provision.
The House recedes.
Authority to provide certificate of commendation to
Department of Energy and contractor employees for exemplary service in
stockpile stewardship and security (sec. 3195)
The Senate amendment contained a provision (sec. 3177) that would
authorize the Secretary of Energy to award a certificate of commendation
for meritorious service to current and former employees of the
Department of Energy (DOE), and current and former contractor employees
who worked in programs related to stewardship of the Nation's nuclear
weapons stockpile.
The House bill contained no similar provision.
The House recedes.
The conferees note that the dedication, intellect, and hard work of
the scientists and craftsmen employed at DOE laboratories and
manufacturing plants are essential to maintaining a credible U.S.
nuclear deterrent. The conferees further note that former scientists and
craftsmen at DOE laboratories, plants, and materials production sites
were instrumental in ensuring the security of the United States during
the Cold War. The conferees included this provision to recognize the
contributions of former employees at these facilities and to highlight
the Nation's continued reliance on the capabilities of the skilled
workers at DOE weapons laboratories and manufacturing plants. The
conferees commend these individuals for their continued service to the
Nation and for the peace that they have helped to preserve.
Cooperative research and development agreements for
government-owned, contractor-operated laboratories (sec. 3196)
The Senate amendment contained a provision (sec. 3176) that would
amend the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710) to streamline the approval process for cooperative research and
development agreements (CRADA) at government-owned, contractor-operated
(GOCO) facilities by authorizing federal agencies to substitute an
annual strategic plan for individual joint work statements. The
provision would, for a period of five years after the date of enactment
of this Act, authorize the waiver of any license retained by the
government if the retention of that license would inhibit
commercialization of an invention that would otherwise serve an
important federal mission. The provision would further streamline the
CRADA process for GOCO facilities by authorizing federal agencies to
permit routine CRADAs to be negotiated and signed by GOCO employees.
The House bill contained no similar provision.
The House recedes with an amendment that would limit the
applicability of the license waiver provision to the activities of the
National Nuclear Security Administration laboratories, and would require
a report on all license waivers.
Office of Arctic Energy (sec. 3197)
The Senate amendment contained a provision (sec. 3169) that would
establish the Office of Arctic Energy Research.
The House bill contained no similar provision.
The House recedes with an amendment that would provide the Secretary
of Energy with discretionary authority to establish the Office of Arctic
Energy Research.
LEGISLATIVE PROVISIONS NOT ADOPTED
Conformance with National Nuclear Security Administration
organizational structure
The Senate amendment contained a provision (sec. 3168) that would
require the Secretary of Energy to carry out the requirements of
Subtitle E of this Act, consistent with title 32 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106 65).
The House bill contained no similar provision.
The Senate recedes.
Construction of National Nuclear Security Administration
Operations Office Complex
The Senate amendment contained a provision (sec. 3138) that would
authorize the Administrator of the National Nuclear Security
Administration (NNSA) to begin design and construction of a new
operations office complex at the Department of Energy Albuquerque
Operations Office located at Kirtland Air Force Base, New Mexico. The
authority would have to be carried out in accordance with a Department
of Energy feasibility study that would examine the design and
construction of the office complex using one or more energy savings
performance contracts, consistent with Title VIII of the National Energy
Policy Conservation Act (42 U.S.C. 8287 et seq.). Construction costs
would be derived from energy savings and ancillary operation and
maintenance savings that result from replacing the current office
complex with the proposed complex.
The Administrator could not begin conceptual design and construction
until the later of: (1) 30 days after the date on which the
Administrator submits to Congress the NNSA field organization plan
required by a provision included elsewhere in this conference agreement;
or (2) the date on which the Administrator certifies to Congress that
the design and
construction of the complex is consistent with the NNSA field
organization plan and the feasibility study.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that the Administrator may seek future
congressional authorization for design and construction of a new office
complex at the Albuquerque Operations Office.
Energy employees compensation initiative
The budget request included $17.0 million for establishment of an
energy employees compensation fund.
The Senate amendment contained a provision (sec. 3105) that would
authorize $17.0 million for the establishment of an energy employees
compensation fund to compensate Department of Energy (DOE) contractor
employees that have proven health or other medical problems that are
directly related to their employment at a DOE nuclear facility.
The House bill contained no similar provision.
The Senate recedes.
Environmental management closure projects
The House bill contained a provision (sec. 3104) that would
authorize $1.0 billion for environmental management closure projects,
the amount of the request.
The Senate amendment contained no similar provision.
The House recedes.
Other transactions
The Senate amendment contained a provision (sec. 3167) that would
authorize the Secretary of Energy to permit the award contracts on a
non-competitive basis, commonly known as ``other transactions''
authority.
The House bill contained no similar provision.
The Senate recedes.
The conferees note that a report on ``other transactions'' authority
is required elsewhere in this conference agreement.
Sense of the Congress regarding compensation and health care
for personnel of the Department of Energy and its contractors and
vendors who have sustained beryllium, silica, and radiation-related
injury
The House bill contained a provision (sec. 3138) that would express
the sense of the Congress that there is sufficient information available
to Congress to warrant enactment of legislation regrading personnel of
the Department of Energy and its contractors and vendors who have
sustained beryllium, silica, and radiation-related injury.
The Senate amendment contained no similar provision.
The House recedes.
Short title
The Senate amendment contained a provision (sec. 3161) that would
cite the subtitle E of the National Defense Authorization Act for Fiscal
Year 2001 as the National Laboratories Partnership Improvement Act of
1999.
The House bill contained no similar provision.
The Senate recedes.
Technology partnerships ombudsman
The Senate amendment contained a provision (sec. 3165) that would
require each laboratory to establish a technology partnership ombudsman
to resolve complaints from outside organizations regarding patents,
technology licenses, and other issues.
The House bill contained no similar provision.
The Senate recedes.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
LEGISLATIVE PROVISIONS ADOPTED
Defense Nuclear Facilities Safety Board (sec. 3201)
The budget request included $18.5 million for the Defense Nuclear
Facilities Safety Board (DNFSB).
The House bill contained a provision (sec. 3201) that would
authorize $17.0 million for the DNFSB, a decrease of $1.5 million.
The Senate amendment contained a similar provision (sec. 3201) that
would authorize for the DNFSB the budget request.
The House recedes.
The conferees note that the National Nuclear Security Administration
Act (Public Law 106 65), which established the National Nuclear Security
Administration (NNSA) within the Department of Energy (DOE), did not
repeal or amend the requirements of the Atomic Energy Act of 1954 (42
U.S.C. 2011). The conferees further note that the independent oversight
authority of the DNFSB related to health and safety matters at DOE and
NNSA defense nuclear facilities was not changed by the National Nuclear
Security Administration Act.
The conferees note that the DNFSB is an independent technical body
that continually assesses safety issues at DOE facilities and submits
formal safety findings and recommendations to the Secretary of Energy,
the Assistant Secretary of Energy for Environment, Safety and Health,
and Congress. As such, the
conferees believe that the DNFSB is a cost-effective means of
ensuring continuous improvement of the safety culture at DOE nuclear
facilities.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
LEGISLATIVE PROVISIONS ADOPTED
Authorized uses of stockpile funds (sec. 3301)
The Senate amendment contained a provision (sec. 3401) that would
authorize the stockpile manager to obligate $75.0 million from the
National Defense Stockpile Transfer Fund during fiscal year 2001 for the
authorized uses of funds under section 9(b)(2) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h).
The House amendment contained a similar provision (sec. 3301).
The Senate recedes with an amendment that would authorize $71.0
million.
Increased receipts under prior disposal authority (sec. 3302)
The Senate amendment contained a provision (sec. 3402) that would
increase, by $30.0 million, the amount of revenues that could be
achieved through the sale of unneeded materials from the national
defense stockpile.
The House bill contained no similar provision.
The House recedes with an amendment that would increase, by $130.0
million, the amount of revenues that could be achieved through the sale
of unneeded materials from the national defense stockpile.
Disposal of titanium (sec. 3303)
The House bill contained a provision (sec. 3302) that would
authorize the Secretary of Defense to make available to the military
services the titanium sponge in the National Defense Stockpile for use
as government furnished material in the production of military
equipment.
The Senate amendment contained a provision (sec. 3403) that would
require the sale of all remaining titanium in the National Defense
Stockpile within ten years. The initial $6.0 million worth of revenues
generated from the sale would be used for the construction, dedication,
and related activities of the World War II Memorial, and the remainder
used to defray the costs of health care benefit improvements for retired
military personnel.
The House recedes with an amendment that would require the sale of
$48.0 million of titanium in the National Defense Stockpile within ten
years. The initial $6.0 million worth of revenues generated from the
sale would be used for the construction, dedication, and related
activities of the World War II Memorial, and the remainder to be
deposited in the General Fund of the Treasury.
The conferees believe that with over 1,000 World War II veterans
dying each year, it is important to finish construction and dedication
of the World War II Memorial as soon as possible in order to recognize
the men and women who served during that war. The conferees further
believe that, although nothing could compensate for the sacrifices that
were made by these veterans, this memorial will demonstrate the
appreciation of a grateful nation to those who fought to preserve
liberty and freedom for all U.S. citizens and millions of others
throughout the world.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
LEGISLATIVE PROVISIONS ADOPTED
Minimum price of petroleum sold from certain naval petroleum
reserves (sec. 3401)
The Senate amendment contained a provision (sec. 3301) that would
repeal the authority for the Secretary of Energy to sell oil from the
naval petroleum reserves for less than full market value.
The House bill contained no similar provision.
The House recedes.
Repeal of authority to contract for cooperative or unit plans
affecting Naval Petroleum Reserve Numbered 1 (sec. 3402)
The Senate amendment contained a provision (sec. 3302) that would
amend section 7426 of title 10, United States Code, to repeal the
requirement for the United States to contract for cooperative or unit
plans in the administration of the Naval Petroleum Reserve Numbered 1 at
Elk Hills.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Disposal of Oil Shale Reserve Numbered 2 (sec. 3403)
The Senate amendment contained a provision (sec. 3303) that would
authorize the conveyance of the Naval Oil Shale Reserve-Numbered 2 (NOSR
2), to the Ute Indian Tribe of the Uintah and Ouray Indian Reservation
in Utah with the exception of a small parcel to be transferred to the
Department of the Interior. The provision would also require the United
States to retain a nine percent share of the revenues from the
development of any minerals on the land after it is transferred. The
provision would further require the environmental remediation and
restoration of the uranium mill tailings site in Moab, Utah. The nine
percent share of the revenues generated from the mineral
development at the NOSR 2 would be available for the cleanup
of the tailings site together with any funds specifically appropriated
for this purpose.
The House bill contained no similar provision.
The House recedes with an amendment that would retain nine percent
of the revenues from the mineral development of NOSR 2 until such time
as the cleanup costs of the government for the tailings site have been
recovered. The amendment would further require the Secretary of Energy
to enter into an arrangement with the National Academy of Sciences to
assist the Secretary of Energy in the preparation of a remediation plan
that objectively evaluates the costs, benefits, and risks associated
with various remediation alternatives for the cleanup of the tailings
site.
The conferees understand that the remedial plan proposed by the
Secretary of Energy will be prepared in accordance with title I of the
Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C., 7901).
The conferees expect that as part of the remediation plan, the Secretary
of Energy will develop a strategy for transferring the legal
responsibilities and title to the Moab site, from the present Moab site
Trustee to the Department of Energy, and that the Secretary of Energy
will consult with the Trustee and with the beneficiaries of the trust,
the Nuclear Regulatory Commission and the State of Utah, in developing
the plan for the transition of responsibilities.
TITLE XXXV--MARITIME ADMINISTRATION
LEGISLATIVE PROVISIONS ADOPTED
Authorization of appropriations for fiscal year 2001 (sec. 3501)
The budget request included $86.4 million for the Maritime
Administration.
The House bill contained a provision (sec. 3401) that would
authorize an increase of $61.9 million for the Maritime Administration.
Of the funds authorized, $94.2 million would be for operations and
training programs, $50.0 million would be for the cost as defined in
section 502 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.), and $4.2 million would be for administrative
expenses related to providing those loan guarantees.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would authorize $94.3
million for operations and training programs, $50.0 million for the cost
as defined in section 502 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.), and $4.2 million for
administrative expenses related to providing those loan guarantees.
Scrapping of National Defense Reserve Fleet vessels (sec. 3502)
The House bill contained a provision (sec. 3402) that would amend
section 6(c)(1)(A) of the National Maritime Heritage Act of 1994 (16
U.S.C. 5405(c)(1)(A)) to authorize an extension of the period for
disposal of obsolete vessels in the National Defense Reserve Fleet
(NDRF). The provision would also direct that the obsolete vessels be
scrapped outside the United States to the maximum extent possible.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate the
requirement to maximize financial returns on the sale of its obsolete
vessels, as mandated by section 6(c)(1) of the National Maritime
Heritage Act of 1994 (16 U.S.C. 5405(c)(1)). Under this provision, the
Secretary of Transportation would only proceed with the scrapping of the
NDRF vessels listed in the provision, and no others, until the report on
the scrapping program has been transmitted to the appropriate
congressional committees.
The provision would also direct the Secretary of Transportation, in
consultation with the Secretary of the Navy and the Administrator of the
Environmental Protection Agency, to develop a program within six months
of the enactment of this Act to scrap obsolete NDRF vessels. The
Secretary of Transportation would then have to submit a report to the
Congress that describes the program. The conferees direct the Secretary
of Transportation, based on concurrence of the Secretary of the Navy, to
include in that report a description of how the Maritime Administration
proposes to fund the disposal of obsolete NDRF vessels in the future
years. An additional report on the progress of scrapping obsolete NDRF
vessels would be required one year after the date of the enactment of
this Act, and every six months thereafter.
In the selection of qualified foreign or domestic scrapping
facilities, the provision would require a best value determination,
consistent with the Federal Acquisition Regulations (FAR), including the
provisions relevant to past performance, and taking into consideration
the ability of facilities to scrap vessels: (1) at least cost to the
Federal Government; (2) in a timely manner; (3) giving consideration to
worker safety and the environment; and (4) in a manner that minimizes
the geographic distance that a vessel must be towed when towing a vessel
poses a serious threat to the environment. The provision would also
require the President to make a recommendation to the Congress regarding
whether it is necessary to amend the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) or any other environmental statute or regulatory
requirement relevant to the disposal of vessels described in section
6(c)(2) of the National Maritime Heritage Act of 1994 (16 U.S.C.
5405(c)(2)) and to recommend any proposed statutory or regulatory
changes.
The conferees direct the administration, in the course of preparing
the President's recommendation to Congress, to address
directly the issues that impede the disposal of aging,
obsolete NDRF vessels. The conferees believe that the public interest is
not well served by continued inaction in this matter. Close cooperation
by the Secretary of Transportation, the Secretary of the Navy, and the
Administrator of the Environmental Protection Agency will be critical in
developing a successful ship disposal program that prevents these
vessels from becoming a serious threat to the environment.
Authority to convey National Defense Reserve Fleet vessel,
Glacier (sec. 3503)
The House bill contained a provision (sec. 3403) that would
authorize the Secretary of Transportation to convey, at no cost to the
government, a surplus National Defense Reserve Fleet vessel, to the
Glacier Society for use as a museum.
The Senate amendment contained no similar provision.
The Senate recedes.
Maritime intermodal research (sec. 3504)
The conferees agree to include a provision that would authorize the
Secretary of Transportation to make grants to National Maritime
Enhancement Institutes, as if they were University Transportation
Centers, for maritime and maritime intermodal research.
Maritime research and technology development (sec. 3505)
The conferees agree to include a provision that would authorize
$100,000 for the Secretary of Transportation to provide a report on the
status of maritime research and development and to include in the report
information on prior year funding for research and development on
various modes of transportation.
Reporting of administered and oversight funds (sec. 3506)
The conferees agree to include a provision that would require the
Maritime Administration to report to Congress the amount, source, and
intended use of funds (other than funds appropriated for the Maritime
Administration or the Secretary of Transportation for use by the
Maritime Administration) administered by the Maritime Administration.
The conferees note that it is not the practice of the defense
authorization conference to adopt provisions relating to the Maritime
Administration that have not passed either the House of Representatives
or the Senate. The conferees understand that provisions relating to the
authorization of the Maritime Administration and national security
aspects of the Merchant Marine, including financial assistance for the
construction and operation of vessels, maintenance of the U.S.
shipbuilding and ship repair industrial base, cabotage, and cargo
preference, will normally be considered by committees of conference for
inclusion in future conference reports if these provisions have first
been passed in either the House of Representatives or the Senate.
LEGISLATIVE PROVISIONS NOT ADOPTED
Authority to convey offshore drill rig Ocean Star
The House bill contained a provision (sec. 3404) that would
authorize the Secretary of Transportation to convey the offshore drill,
Ocean Star, to the Offshore Rig Museum, Inc., a non-profit corporation.
The Senate amendment contained no similar provision.
The House recedes.
TITLE XXXVI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
The Senate amendment contained provisions (secs. 3501 3544) that
would enact the Energy Employees Occupational Illness Compensation Act
of 2000. The provision would establish a compensation program for
Department of Energy (DOE) employees and DOE contractor employees who
were injured due to exposure to radiation, beryllium, or silica while
working at a DOE defense nuclear facility or nuclear weapons testing
site.
The House bill contained no similar title.
The House recedes with an amendment that would establish the Energy
Employees Occupational Illness Compensation Program.
LEGISLATIVE PROVISIONS ADOPTED
Short title (sec. 3601)
The conferees agree to include a provision that would designate the
short title of the title as the Energy Employees Occupational Illness
Compensation Act of 2000.
Findings; sense of Congress (sec. 3602)
The conferees agree to include a provision that would establish
several findings and express the sense of Congress regarding personnel
of the Department of Energy and its contractors and vendors who have
sustained illnesses due to
exposure to radiation, beryllium, and silica as a result of
their employment with DOE.
SUBTITLE A--ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION FUND
Establishment of Energy Employees Occupational Illness
Compensation Program (sec. 3611)
The conferees agree to include a provision that would establish the
Energy Employees Occupational Illness Compensation Program. The program
would provide timely, uniform, and adequate compensation to certain DOE,
DOE contractor, and DOE vendor employees who were injured from exposure
to radiation, beryllium, or silica while working in DOE nuclear
weapons-related programs and, where applicable, their survivors.
Establishment of Energy Employees Occupational Illness
Compensation Fund (sec. 3612)
The conferees agree to include a provision that would establish the
Energy Employees Occupational Illness Compensation Fund. The provision
would also require the Secretary of the Treasury to transfer to the Fund
from the general fund of the Treasury the amounts necessary to pay
compensation under this title once amounts appropriated for the Fund
have been exhausted. Such payments would be considered as mandatory
funding without requiring any additional authorization or appropriation.
The provision would further require that no administrative costs for
carrying out the program be paid out of the Fund.
Legislative proposal (sec. 3613)
The conferees agree to include a provision that would require the
President to submit, not later than March 15, 2001, a legislative
proposal to implement the compensation program under this title. The
proposal would include, at a minimum, the following elements: (1) the
types of compensation to be provided to covered employees; (2) any
adjustments or modifications necessary to administer the program; (3)
whether to expand the program to include other illnesses associated with
exposure to toxic substances; and (4) whether to expand the special
exposure cohort to include new classes of employees.
Authorization of appropriations (sec. 3614)
The conferees agree to include a provision that would authorize
$25.0 million for the purposes of carrying out the administrative
requirements of this title and $250.0 million for the Energy Employees
Occupational Illness Compensation Fund.
SUBTITLE B--PROGRAM ADMINISTRATION
Definitions for program administration (sec. 3621)
The conferees agree to include a provision that would define the
terms and criteria used in this title.
Expansion of list of beryllium vendors (sec. 3622)
The conferees agree to include a provision that would authorize the
President, in consultation with the Secretary of Energy, to designate
additional beryllium vendors. Such designations would be required to be
made not later than December 31, 2002.
Exposure in the performance of duty (sec. 3623)
The conferees agree to include a provision that would specify the
criteria for determining whether a covered beryllium employee or a
covered employee with cancer was exposed in the performance of duty.
The conferees prohibit the designation of the Department of Energy
as the lead agency for establishing regulations for dose reconstruction
under this provision. The conferees expect the Secretary to provide
information in the possession of DOE and its contractors related to
radiation exposures, but direct the President to select another agency
to establish regulations required by this provision.
Advisory Board on Radiation and Worker Health (sec. 3624)
The conferees agree to include a provision that would establish the
Advisory Board on Radiation and Worker Health. The President would
appoint members of the Board in consultation with organizations with
expertise on worker health issues. The Board would advise the President
on matters relating to this title, including dose reconstruction and
eligibility guidelines for radiation compensation.
Responsibilities of Secretary of Health and Human Services (sec. 3625)
The conferees agree to include a provision that would require the
Secretary of Health and Human Services to carry out the Secretary's
responsibilities under this title with the
assistance of the National Institute of Occupational Safety and Health.
Designation of additional members of Special Exposure Cohort (sec. 3626)
The conferees agree to include a provision that would establish a
process by which the President, upon recommendation of the Advisory
Board on Radiation and Worker Health, could designate additional classes
of employees at DOE facilities as members of the special exposure cohort
180 days after the President submits a report to Congress that would
identify the class and criteria that have been used to justify their
inclusion in the cohort. A class of employees would be permitted to be
added if the President determines that: (1) it is not feasible to
estimate with sufficient accuracy the radiation dose that the class
received; and (2) there is a reasonable likelihood that the radiation
dose may have endangered the health of members of the class.
Separate treatment of chronic silicosis (sec. 3627)
The conferees agree to include a provision that would express the
sense of Congress that further determination by the President is
appropriate before employees who were exposed to silica are included in
a comprehensive compensation program. The provision would include DOE
employees who are diagnosed with silicosis in the program unless the
President submits a certification to Congress within 180 days after the
enactment of this Act that there is an insufficient basis to include
such employees in the program. An employee would be included in the
program only if the employee worked at a covered DOE facility for an
aggregate of 250 work days.
Compensation and benefits to be provided (sec. 3628)
The conferees agree to include a provision that would establish an
entitlement for compensation for covered employees, or the survivor of a
covered employee if the employee is deceased, consisting of a $150,000
lump sum payment. In addition, the provision would establish, for a
covered employee, an entitlement for reimbursement of prospective
medical expenses related to a covered illness. Employees with beryllium
sensitivity would receive medical monitoring only. All such compensation
would be paid from the Energy Employees Occupational Illness
Compensation Fund. The effective date of this provision would be July
31, 2001, unless the Congress provides otherwise in an Act enacted
before that date.
Medical benefits (sec. 3629)
The conferees agree to include a provision that would define those
medical services, appliances, supplies, and other related benefits to be
provided.
Separate treatment of certain uranium employees (sec. 3630)
The conferees agree to include a provision that would establish an
additional entitlement for certain uranium miners, millers, and
transporters, or the survivor of any such employee if the employee is
deceased, who receives, or has received, payment of a claim under the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note). The
additional payment would consist of: (1) a $50,000 lump sum payment; and
(2) reimbursement of prospective medical expenses related to the covered
illness. All such compensation would be paid from the Energy Employees
Occupational Illness Compensation Fund. The effective date of this
provision would be July 31, 2001, unless the Congress provides otherwise
in an Act enacted before that date. The provision would further require
the President to establish procedures to identify and notify each
eligible individual under this section.
Assistance for claimants and potential claimants (sec. 3631)
The conferees agree to include a provision that would require the
President to provide to all claimants under this title the following:
(1) assistance in securing medical testing and diagnostic services for
covered illnesses; and (2) assistance in preparing claims. The President
would also be required to take appropriate action to inform potential
claimants of the availability of compensation under this title.
SUBTITLE C--TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION AND
BENEFITS
Offset for certain payments (sec. 3641)
The conferees agree to include a provision that would require any
payment of compensation under this title to be offset by the amount of
any other award or settlement of a claim, other than workers'
compensation, that is based on the same injury.
Subrogation of the United States (sec. 3642)
The conferees agree to include a provision that would subrogate any
payment of compensation under this title to a right or claim of the
covered employee against any other party for the same injury.
Payment in full settlement of claims (sec. 3643)
The conferees agree to include a provision that would specify that
acceptance of payment under this title would be in full settlement of
all claims against the United States, a DOE contractor or subcontractor,
beryllium vendor, or atomic weapons employer for the covered illness.
Exclusivity of remedy against the United States and against
contractors and subcontractors (sec. 3644)
The conferees agree to include a provision that would specify the
liabilities of the United States for future claims related to covered
illnesses.
Election of remedy for beryllium employees and atomic weapons
employees (sec. 3645)
The conferees agree to include a provision that would allow covered
beryllium and atomic weapons employees to elect a remedy for a covered
illness. A covered employee could elect to file suit or to file a claim
under this provision, if the election is made not later than the later
of: (1) the date that is 30 months after the date of enactment of this
Act; or (2) 30 months after the date the employee first becomes aware of
an illness that may have been sustained in the performance of duty. The
provision would provide that any currently filed tort case must be
dismissed by December 31, 2003, in order for an individual to be
eligible for compensation under this title.
Certification of treatment of payments under other laws (sec. 3646)
The conferees agree to include a provision that would specify that
compensation or benefits provided to an individual under the
compensation program would be tax exempt and would not affect the
eligibility of that individual for federal assistance programs.
Claims not assignable or transferrable; choice of remedies (sec. 3647)
The conferees agree to include a provision that would specify that
claims under the compensation program are not assignable or
transferable. The provision would also specify that no individual may
receive more than one payment of compensation under the program. This
would not preclude payment of both lump sum and medical benefits to a
covered individual.
Attorney fees (sec. 3648)
The conferees agree to include a provision that would limit the
payment of fees to an attorney of a claimant to two percent for filing
of an initial claim.
Certain claims not affected by awards of damages (sec. 3649)
The conferees agree to include a provision that would ensure that a
payment under the compensation program shall not be considered as any
form of compensation or reimbursement for a loss for purposes of
imposing liability on any individual receiving such payment, on the
basis of such receipt, to repay any insurance carrier for insurance
payments, or to repay any person on account of workers' compensation
payments. A payment under the compensation program shall not affect any
claim against an insurance carrier with respect to insurance or against
any person with respect to worker's compensation.
Forfeiture of benefits by convicted felons (sec. 3650)
The conferees agree to include a provision that would require
forfeiture of entitlement to any compensation or benefit under the
compensation program by any individual convicted of a violation of
section 1920 of title 18, United States Code, or any other federal or
state criminal statute relating to fraud in the application for or
receipt of any benefit under this program or any federal or state
workers' compensation law.
Coordination with other Federal radiation compensation laws (sec. 3651)
The conferees agree to include a provision that would prevent an
individual from receiving compensation or benefits under the
compensation program for cancer and also receive compensation under the
Radiation Exposure Compensation Act (section 2210 of title 42, United
States Code) or section 1112(c) of title 38, United States Code, except
as provided in this title.
SUBTITLE D--ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS
Agreements with States (sec. 3661)
The conferees agree to include a provision that would authorize the
Secretary of Energy to enter into agreements with states to assist DOE
contractor employees in filing a claim under the appropriate state
workers' compensation system for illnesses related to exposure to other
toxic chemicals. The provision would also establish procedures for such
DOE assistance.
The Secretary of Energy would review and submit applications to an
independent physician panel appointed by the Secretary of Health and
Human Services. The panel would determine whether the illness or death
that is the subject of the application arose as a result of exposure to
a toxic substance at a DOE facility. The Secretary would be required to
accept the panel's determination in the absence of significant evidence
to the contrary. If the Secretary makes a positive determination, the
Secretary would be required to assist the applicant in filing a claim
under the appropriate state workers' compensation system. The Secretary
would not contest the claim and would direct any relevant contractor not
to contest the claim. The contractor's cost of fighting the claim would
not be an allowable cost under a DOE contract.
Not later than February 1, 2002, the Comptroller General would be
required to submit a report to Congress that would evaluate the
Department's implementation of this provision and effectiveness in
achieving compensation for employees with occupational illnesses.
From the Committee on Armed Services, for
consideration of the House bill and the Senate amendment, and
modifications committed to conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James M. Talent,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, Jr.,
Mac Thornberry,
John N. Hostettler,
Saxby Chambliss,
Ike Skelton,
Norman Sisisky,
John Spratt,
Solomon P. Ortiz,
Owen B. Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Martin T. Meehan,
Robert A. Underwood,
Thomas Allen,
Vic Snyder,
James H. Maloney,
Mike McIntyre,
Ellen O. Tauscher,
Mike Thompson,
Provided that Mr. Kuykendall is appointed in lieu of
Mr. Kasich for consideration of section 2863 of the House
bill, and section 2862 of the Senate amendment, and
modifications committed to conference:
Steven T. Kuykendall,
From the Permanent Select Committee on Intelligence,
for consideration of matters within the jurisdiction of that
committee under clause 11 of rule X:
Porter J. Goss,
Jerry Lewis,
Julian C. Dixon,
From the Committee on Commerce, for consideration of
sections 601, 725, and 1501 of the House bill, and sections
342, 601, 618, 701, 1073, 1402, 2812, 3131, 3133, 3134, 3138,
3152, 3154, 3155, 3167 3169, 3171, 3201, and 3301 3303 of the
Senate amendment, and modifications committed to conference:
Tom Bliley,
Joe Barton,
John D. Dingell,
Provided that Mr. Bilirakis is appointed in lieu of
Mr. Barton of Texas for consideration of sections 601 and 725
of the House bill, and sections 601, 618, 701, and 1073 of the
Senate amendment, and modifications committed to conference:
Mike Bilirakis,
Provided that Mr. Oxley is appointed in lieu of Mr.
Barton of Texas for consideration of section 1501 of the House
bill, and sections 342 and 2812 of the Senate amendment, and
modifications committed to conference:
Michael G. Oxley,
From the Committee on Education and the Workforce,
for consideration of sections 341, 342, 504, and 1106 of the
House bill, and sections 311, 379, 553, 669, 1053, and title
XXXV of the Senate amendment, and modifications committed to
conference:
Bill Goodling,
Van Hilleary,
Patsy T. Mink,
From the Committee on Government Reform, for
consideration of sections 518, 651, 801, 906, 1101 1104, 1106,
1107, and 3137 of the House bill, and sections 643, 651, 801,
806, 810, 814 816, 1010A, 1044, 1045, 1057, 1063, 1069, 1073,
1101, 1102, 1104, and 1106 1118, title XIV, and sections 2871,
2881, 3155, and 3171 of the Senate amendment, and
modifications committed to conference:
Dan Burton,
Joe Scarborough,
Henry A. Waxman,
Provided that Mr. Horn is appointed in lieu of Mr.
Scarborough for consideration of section 801 of the House
bill, and sections 801, 806, 810, 814 816, 1010A, 1044, 1045,
1057, 1063, and 1101, title XIV, and sections 2871 and 2881 of
the Senate amendment, and modifications committed to
conference:
Stephen Horn,
Provided that Mr. McHugh is appointed in lieu of Mr.
Scarborough for consideration of section 1073 of the Senate
amendment, and modifications committed to conference:
John M. McHugh,
From the Committee on House Administration, for
consideration of sections 561 563 of the Senate amendment, and
modifications committed to conference:
William M. Thomas,
John Boehner,
Steny H. Hoyer,
From the Committee on International Relations, for
consideration of sections 1201, 1205, 1209, and 1210, title
XIII, and section 3136 of the House bill, and sections, 1011,
1201 1203, 1206, 1208, 1209, 1212, 1214, 3178, and 3198 of the
Senate amendment, and modifications committed to conference:
Bill Goodling,
From the Committee on the Judiciary, for
consideration of sections 543 and 906 of the House bill, and
sections 506, 645, 663, 668, 909, 1068, and 1106, title XV,
and title XXXV of the Senate amendment, and modifications
committed to conference:
Henry Hyde,
Charles T. Canady,
From the Committee on Resources, for consideration
of sections 312, 601, 1501, 2853, 2883, and 3402 of the House
bill, and sections 601 and 1059, title XIII, and sections
2871, 2893, and 3303 of the Senate amendment, and
modifications committed to conference:
Dan Young,
Billy Tauzin,
From the Committee on Transportation and
Infrastructure, for consideration of sections 601, 2839, and
2881 of the House bill, and sections 502, 601, and 1072 of the
Senate amendment, and modifications committed to conference:
Bud Shuster,
Wayne T. Gilchrest,
Brian Baird,
Provided that Mr. Pascrell is appointed in lieu of
Mr. Baird for consideration of section 1072 of the Senate
amendment, and modifications committed to conference:
Bill Pascrell, Jr.,
From the Committee on Veterans' Affairs, for
consideration of sections 535, 738, and 2831 of the House
bill, and sections 561 563, 648, 664 666, 671, 672, 682 684,
721, 722, and 1067 of the Senate amendment, and modifications
committed to conference:
Michael Bilirakis,
Jack Quinn,
Corrine Brown,
From the Committee on Ways and Means, for
consideration of section 725 of the House bill, and section
701 of the Senate amendment, and modifications committed to
conference:
William M. Thomas,
Managers on the Part of the House.
John W. Warner,
Strom Thurmond,
John McCain,
Bob Smith,
James Inhofe,
Rick Santorum,
Olympia J. Snowe,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Carl Levin,
Edward Kennedy,
Jeff Bingaman,
Robert C. Byrd,
Chuck Robb,
Joe Lieberman,
Max Cleland,
Mary L. Landrieu,
Jack Reed,
Managers on the Part of the Senate.

NEWSLETTER

Join the GlobalSecurity.org mailing list