II

106TH CONGRESS

2D SESSION S. 2481

To authorize appropriations for fiscal year 2001 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 2001, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 27, 2000

Mr. WARNER (for himself and Mr. LEVIN) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To authorize appropriations for fiscal year 2001 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 2001, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2001’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Table of contents.
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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.

Sec. 107. Chemical Demilitarization Program.

Subtitle B—Multi-Year Contract Authorizations

Sec. 111. Multiyear Procurement Authority for Certain Army Programs.

Sec. 112. Multiyear Procurement Authority for the DDG–51.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 201. Authorization of Appropriations.

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. Transfers from the National Defense Stockpile Transaction Fund.

Subtitle B—Environmental Provisions

Sec. 311. Reimbursement for Certain Costs in Connection with the Former

Nansemond Ordnance Depot Site, in Suffolk, Virginia.

Sec. 312. Payment of Fines or Penalties Imposed for Environmental Violations.

Subtitle C—Other Matters

Sec. 321. Reimbursement by Civil Air Carriers for Support Provided at Johnston Atoll.

Sec. 322. Use of Excess Titanium Sponge in the National Defense Stockpile for

Manufacturing Department of Defense Equipment.

Sec. 323. Clarification and Extension of Pilot Program for Acceptance and Use

of Landing Fees Charged for Use of Domestic Military Airfields by Civil Aircraft.

Sec. 324. Economic Distribution of Distilled Spirits.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End Strengths for Active Forces.

Subtitle B—Reserve Forces

Sec. 411. End Strengths for Selected Reserve.
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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. Increase in Number of Members in Certain Grades Authorized to be

on Active Duty in Support of the Reserves.

Sec. 415. Active Duty End Strengths Exemption for Performing Funeral Honors Functions.

Sec. 416. Excluding Certain Reserve Component Members on Active Duty for

181 Days or More from Active Component End Strengths.

Sec. 417. Suspension of Senior Enlisted Pay Grade Strength Limitations for

Active Duty (Other than for Training) During War or National

Emergency.

Sec. 418. Suspension of Senior Officers Pay Grade Strength Limitations During War or National Emergency.

Sec. 419. Suspension of Senior Enlisted Pay Grade Strength Limitations for

Active Duty (Other than for Training) in Connection with Organizing, Administering, Recruiting, Instructing, or Training

the Reserve Components or National Guard During War or

National Emergency.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Authority to Retain Chaplains and Officers in Medical Specialties

Until Specified Age.

Sec. 502. Clarification of Authority for Posthumous Commissions.

Sec. 503. Release of Officer Promotion Selection Board Reports.

Subtitle B—Reserve Component Personnel Policy

Sec. 511. Exemption of Certain Reserve Component General and Flag Officers,

Serving in Joint Duty Assignments, from the Active Duty List

for Promotion Purposes.

Sec. 512. Authority to Temporarily Increase the Number of Officers Serving on

Active Duty or Full-Time National Guard Duty in Certain

Controlled Grades.

Sec. 513. Authority to Temporarily Increase the Number of Enlisted Personnel

Serving on Active Duty or Full-Time National Guard Duty in

Certain Controlled Grades.

Sec. 514. Exemption of Medical and Dental Officers from Counting in Grade

Strengths.

Sec. 515. Reserve Officer Promotion Authority.

Sec. 516. Continuation of Officers on the Reserve Active Status List.

Sec. 517. Technical Correction to Retired Grade Rule.

Subtitle C—Education and Training

Sec. 521. Repeal of Contingent Funding for Junior Reserve Officers Training

Corps.

Sec. 522. National Guard ChalleNGe Program.

Subtitle D—Decorations, Awards, and Commendations

Sec. 531. Authority for Award of the Medal of Honor to Ed W. Freeman for

Valor during Vietnam.
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Sec. 532. Authority for Award of the Medal of Honor to Andrew J. Smith for

Valor During the Civil War.

Subtitle E—Joint Management

Sec. 541. Changes to the Joint Specialty Officer Program to Improve Utility

and Streamline Management.

Sec. 542. Promotion Policy Objectives for Joint Officers.

Sec. 543. Changes to Eligibility for Capstone, Post-education Placement Requirements, and Length of Armed Forces Staff College Courses

and Armed Forces Staff College Provision of Instruction at

Other Sites and in Other Dimension.

Sec. 544. Modification to the Length of Joint Duty Assignments.

Sec. 545. Change to the Joint Staff Role in Monitoring Joint Officers to Add

Flexibility.

Sec. 546. Modifications to the Annual Report to Congress to Highlight Key Indicators of Compliance.

Sec. 547. Modifications to Definition of Qualifying Joint Service to Improve

Management of Officers in Joint Activities.

Sec. 548. Modifications to Waivers and Exceptions to the Requirement for a

Joint Duty Assignment Before Promotion to General or Flag

Grade to Reduce Waivers.

Subtitle F—Selection Board Appeals

Sec. 551. Remedy in Cases Involving Certain Selection Boards.

Sec. 552. Special Selection Boards.

Sec. 553. Existing Jurisdiction.

Sec. 554. Effective Date.

Subtitle G—Other Matters

Sec. 561. Exemption of Retiree Council Members from Recalled Retiree Limits.

Sec. 562. Tenure Requirement for Critical Acquisition Positions.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Bonuses and Special and Incentive Pays

Sec. 601. Aviation Career Incentive Pay—Authorize Secretaries to Delegate

Authority to Waive Operational Flying Duty Requirements.

Sec. 602. Improved Consistency of Special Pay for Reserve Medical and Dental

Officers.

Sec. 603. Funeral Honors Duty Compensation.

Sec. 604. Extension of Authorities Relating to Payment of Other Bonuses and

Special Pays.

Sec. 605. Extension of Certain Bonuses and Special Pay Authorities for Reserve Forces.

Sec. 606. Extension of Certain Bonuses and Special Pay Authorities for Nurse

Officer Candidates, Registered Nurses, and Nurse Anesthetists.

Sec. 607. Special Pay for Physician Assistants.

Subtitle B—Travel and Transportation Allowances

Sec. 611. Revision to the Travel Management Allowance for Temporary Lodging Expenses.
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Sec. 612. Changes in the Administration of Baggage and Household Goods

Moves Payment for Savings in Shipping Less Than Authorized

Weights.

Sec. 613. Advance Payment of Temporary Lodging Allowance.

Sec. 614. Changes in the Administration of Motor Vehicle Transportation or

Storage.

Subtitle C—Servicemembers’ Group Life Insurance and Survivor Benefit Plan

Sec. 621. Eligibility of Certain Members of the Individual Ready Reserve for

Servicemembers’ Group Life Insurance.

Subtitle D—Other Matters

Sec. 631. Eligibility for Presidential Appointment to a Service Academy for

Children of Reserve Personnel.

Sec. 632. Personal Money Allowance for Senior Enlisted Members.

Sec. 633. Increase in Uniform Allowance for Officers.

Sec. 634. Revision of Authority to Prescribe the Quantity and Kind of Clothing

to be Furnished Annually to Enlisted Members (or Allowance

in lieu Thereof).

TITLE VII—HEALTH CARE PROVISIONS

Sec. 701. Medical and Dental Care for Medal of Honor Recipients.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,

AND RELATED MATTERS

Subtitle A—Amendments to General Contracting Authorities, Procedures, and

Limitations

Sec. 801. Multiyear Contract: Acquisition of Property.

Sec. 802. Elimination of the Requirement to Furnish Written Assurances of

Technical Data Conformity.

Sec. 803. Elimination of Subcontract Notification Requirements.

Sec. 804. Certainty in Application of Cost Principles.

Sec. 805. Authorization for Contractor Participation in Testing Defense Acquisition Programs.

Sec. 806. Department of Defense Acquisition Pilot Programs Authority Extension.

Sec. 807. Electronic Access to Business Opportunities.

Sec. 808. Use of Indefinite Delivery Contracts.

Subtitle B—Other Matters

Sec. 811. Price Preference Adjustments in Selected Industry Categories.

Sec. 812. Revision to Definition of Conventional Ammunition for Single Manager Procurement.

Sec. 813. Extension of Joint Direct Attack Munition Pilot Program Authority.

Sec. 814. Technical Data Rights for Items Developed Exclusively at Private

Expense.

Sec. 815. Waiver of Live-Fire Survivability Testing MH–47E/MH–60K Helicopter Modification Programs.

Sec. 816. Repeal of Certification of Funding for Support Costs in the Five

Year Defense Program.
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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Department of Defense Organization

Sec. 901. Change of Name for Certain Officials of the Headquarters, Marine

Corps.

Sec. 902. Amendment to Broaden the Definition of Inspector General and to

Clarify Responsibilities.

Sec. 903. Authority to Withhold from Public Disclosure Certain Sensitive Information.

Subitle B—Other Matters

Sec. 911. To Consolidate Various Department of the Navy Trust and Gift

Funds.

Sec. 912. Disposition of Gifts to the Naval Academy.

Sec. 913. Mailing Privileges of Members of the Armed Forces of the United

States and of Friendly Foreign Nations.

Sec. 914. Commercial Personnel Transfer Program for Science and Engineering.

Sec. 915. Pilot Program for Payment of Retraining and Relocation Expenses.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Administrative Offsets for Transportation Overcharges.

Sec. 1002. Date for Submittal of Joint Report on Scoring of Budget Outlays.

Sec. 1003. Repeal of Requirement for Two-year Budget Cycle for the Department of Defense.

Sec. 1004. Codification of Annual Recurring Appropriations Act General Provision for Reimbursements Related to Certain Reserve Intelligence or Counterintelligence Support.

Subtitle B—Humanitarian and Civic Assistance

Sec. 1011. Clarification of Authority to Provide Humanitarian and Civic Assistance.

Sec. 1012. Authority to Pay Certain Expenses Relating to Humanitarian and

Civic Assistance for Clearance of Landmines.

Subtitle C—Miscellaneous Reporting Requirements and Repeals

Sec. 1015. Repeal of Reporting Requirement for B–2.

Sec. 1016. Amendment to National Guard and Reserve Component Equipment:

Annual Report to Congress.

Subtitle D—Other Matters

Sec. 1021. Recognition of Military Testamentary Instruments.

Sec. 1022. Fees for Military History Information, Material and Research Assistance.

Sec. 1023. Cooperative Military Airlift Agreements: Allied Countries.

Sec. 1024. Chemical Weapons Destruction Facilities in Russia.

TITLE XI—BASE REALIGNMENT AND CLOSURE ACT OF 1999

Sec. 1101. Short Title and Purpose.
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Sec. 1102. The Commission.

Sec. 1103. Procedure for Making Recommendations for Base Closures and Realignments.

Sec. 1104. Closure and Realignment of Military Installations.

Sec. 1105. Implementation.

Sec. 1106. Account.

Sec. 1107. Reports.

Sec. 1108. Congressional Consideration of Commission Report.

Sec. 1109. Restriction on Other Base Closure Authority.

Sec. 1110. Definitions.

Sec. 1111. Clarifying Amendments.

Sec. 1112. Conforming Amendments.

1 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.

Sec. 107. Chemical Demilitarization Program.

Subtitle B—Multi-Year Contract for Authorizations

Sec. 111. Multiyear Procurement Authority for Certain Army Programs.

Sec. 112. Multiyear Procurement Authority for the DDG–51.

2 Subtitle A—Authorization of

3 Appropriations

4 SEC. 101. ARMY.

5 Funds are hereby authorized to be appropriated for

6 fiscal year 2001 for procurement for the Army as follows:

7 (1) For aircraft, $1,323,262,000.

8 (2) For missiles, $1,295,728,000.

9 (3) For weapons and tracked combat vehicles,

10 $1,874,638,000.

11 (4) For ammunition, $1,131,323,000.

12 (5) For other procurement, $3,795,870,000.
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1 SEC. 102. NAVY AND MARINE CORPS.

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2001 for procurement for the Navy

4 as follows:

5 (1) For aircraft, $7,963,858,000.

6 (2) For weapons, including missiles and tor7 pedoes, $1,434,250,000.

8 (3) For shipbuilding and conversion,

9 $12,296,919,000.

10 (4) For procurement of ammunition for the

11 Navy and the Marine Corps, $429,649,000.

12 (5) For other procurement, $3,334,611,000.

13 (b) MARINE CORPS.—Funds are hereby authorized to

14 be appropriated for fiscal year 2001 for procurement for

15 the Marine Corps in the amount of $1,171,935,000.

16 SEC. 103. AIR FORCE.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 2001 for procurement for the Air Force as fol19 lows:

20 (1) For aircraft, $9,539,602,000.

21 (2) For missiles, $3,061,715,000.

22 (3) For procurement of ammunition,

23 $638,808,000.

24 (4) For other procurement, $7,699,127,000.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 2001 for defense-wide procurement in the

4 amount of $2,275,308,000.

5 SEC. 105. DEFENSE INSPECTOR GENERAL.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 2001 for procurement for the Defense Inspec8 tor General in the amount of $3,300,000.

9 SEC. 106. DEFENSE HEALTH PROGRAM.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 2001 for the Department of Defense for pro12 curement for carrying out health care programs, projects,

13 and activities of the Department of Defense in the total

14 amount of $290,006,000.

15 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

16 There is hereby authorized to be appropriated for fis17 cal year 2001 in the amount of $1,003,500,000 for—

18 (1) the destruction of lethal chemical weapons

19 in accordance with section 1412 of the Department

20 of Defense Authorization Act, 1986 (50 U.S.C.

21 1521) and

22 (2) the destruction of chemical warfare material

23 of the United States that is not covered by section

24 1412 of such Act.
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1 Subtitle B—Multi-Year Contract

2 Authorizations

3 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

4 CERTAIN ARMY PROGRAMS.

5 Beginning with the fiscal year 2001 program year,

6 the Secretary of the Army may, in accordance with section

7 2306b of title 10, United States Code, enter into multi8 year contracts for procurement of the following:

9 (1) The M2A3 Bradley Fighting Vehicle.

10 (2) The UH/60–CH/60 helicopter.

11 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR THE

12 DDG–51.

13 Beginning with the fiscal year 2001 program year,

14 the Secretary of the Navy may, in accordance with section

15 2306b of title 10, United States Code, enter into a multi16 year contract for procurement of the DDG–51.

17 TITLE II—RESEARCH, DEVELOP18 MENT, TEST, AND EVALUA19 TION

Sec. 201. Authorization of Appropriations.

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 2001 for the use of the Armed Forces for re23 search, development, test, and evaluation, as follows:

24 (1) For the Army, $5,260,346,000.
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1 (2) For the Navy, $8,476,677,000.

2 (3) For the Air Force, $13,685,576,000.

3 (4) For Defense-wide research, development,

4 test, and evaluation, $10,439,802,000, of which

5 $201,560,000 is authorized for the Director of Oper6 ational Test and Evaluation.

7 (5) For the Defense Health Program,

8 $65,880,000.

9 TITLE III—OPERATION AND

10 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. Transfers from the National Defense Stockpile Transaction Fund.

Subtitle B—Environmental Provisions

Sec. 311. Reimbursement for Certain Costs in Connection with the Former

Nansemond Ordnance Depot Site, in Suffolk, Virginia.

Sec. 312. Payment of Fines or Penalties Imposed for Environmental Violations.

Subtitle C—Other Matters

Sec. 321. Reimbursement by Civil Air Carriers for Support Provided at Johnston Atoll.

Sec. 322. Use of Excess Titanium Sponge in the National Defense Stockpile for

Manufacturing Department of Defense Equipment.

Sec. 323. Clarification and Extension of Pilot Program for Acceptance and Use

of Landing Fees Charged for Use of Domestic Military Airfields by Civil Aircraft.

Sec. 324. Economic Distribution of Distilled Spirits.

11 Subtitle A—Authorization of

12 Appropriations

13 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

14 Funds are hereby authorized to be appropriated for

15 fiscal year 2001 for the use of the Armed Forces of the
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1 United States and other activities and agencies of the De2 partment of Defense, for expenses, not otherwise provided

3 for, for operation and maintenance, in amounts as follows:

4 (1) For the Army, $19,123,731,000.

5 (2) For the Navy, $23,300,154,000.

6 (3) For the Marine Corps, $2,705,658,000.

7 (4) For the Air Force, $22,346,977,000.

8 (5) For the Defense-wide activities,

9 $11,920,069,000.

10 (6) For the Army Reserve, $1,521,418,000.

11 (7) For the Naval Reserve, $960,946,000.

12 (8) For the Marine Corps Reserve,

13 $133,959,000.

14 (9) For the Air Force Reserve, $1,885,859,000.

15 (10) For the Army National Guard,

16 $3,182,335,000.

17 (11) For the Air National Guard,

18 $3,446,375,000.

19 (12) For the Defense Inspector General,

20 $144,245,000.

21 (13) For the United States Court of Appeals

22 for the Armed Forces, $8,574,000.

23 (14) For Environmental Restoration, Army,

24 $389,932,000.
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1 (15) For Environmental Restoration, Navy,

2 $294,038,000.

3 (16) For Environmental Restoration, Air Force,

4 $376,300,000.

5 (17) For Environmental Restoration, Defense6 wide, $23,412,000.

7 (18) For Environmental Restoration, Formerly

8 Used Defense Sites, $186,499,000.

9 (19) For Overseas Humanitarian, Disaster, and

10 Civic Aid programs, $64,900,000.

11 (20) For Drug Interdiction and Counter-drug

12 Activities, Defense-wide, $836,300,000.

13 (21) For the Kaho’olawe Island Conveyance,

14 Remediation, and Environmental Restoration Trust

15 Fund, $25,000,000.

16 (22) For the Defense Health Program,

17 $11,244,543,000.

18 (23) For Cooperative Threat Reduction pro19 grams, $458,400,000.

20 (24) For Overseas Contingency Operations

21 Transfer Fund, $4,100,577,000.

22 SEC. 302. WORKING CAPITAL FUNDS.

23 Funds are hereby authorized to be appropriated for

24 fiscal year 2001 for the use of the Armed Forces of the

25 United States and other activities and agencies of the De-
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1 partment of Defense for providing capital for working cap2 ital and revolving funds in amounts as follows:

3 (1) For the Defense Working Capital Funds,

4 $916,276,000.

5 (2) For the National Defense Sealift Fund,

6 $388,158,000.

7 SEC. 303. ARMED FORCES RETIREMENT HOME.

8 There is hereby authorized to be appropriated for fis9 cal year 2001 from the Armed Forces Retirement Home

10 Trust Fund the sum of $69,832,000 for the operation of

11 the Armed Forces Retirement Home, including the United

12 States Soldiers’ and Airmen’s Home and the Naval Home.

13 SEC. 304. TRANSFERS FROM THE NATIONAL DEFENSE

14 STOCKPILE TRANSACTION FUND.

15 (a) TRANSFER AUTHORITY.—To the extent provided

16 in appropriations Acts not more than $150,000,000 is au17 thorized to be transferred from the National Defense

18 Stockpile Transaction Fund to operation and maintenance

19 accounts for fiscal year 2001 in amounts as follows:

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

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

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

23 (b) TREATMENT OF TRANSFERS.—Amounts trans24 ferred under this section—
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1 (1) shall be merged with, and be available for

2 the same purposes and the same period as, the

3 amounts in the accounts to which transferred; and

4 (2) may not be expended for an item that has

5 been denied authorization of appropriations by Con6 gress.

7 Subtitle B—Environmental

8 Provisions

9 SEC. 311. REIMBURSEMENT FOR CERTAIN COSTS IN CON10 NECTION WITH THE FORMER NANSEMOND

11 ORDNANCE DEPOT SITE, IN SUFFOLK, VIR12 GINIA.

13 (a) AUTHORITY TO REIMBURSE EPA.—The Sec14 retary of Defense may pay not more than $98,210.00,

15 using funds described in subsection (b), to the Former

16 Nansemond Ordnance Depot Site Special Account within

17 the Hazardous Substance Superfund established by sec18 tion 9507 of the Internal Revenue Code of 1986 (26

19 U.S.C. 9507) to reimburse the Environmental Protection

20 Agency for costs incurred by the agency in overseeing a

21 time critical removal action (TCRA) under CERCLA

22 being performed by DoD under the Defense Environ23 mental Restoration Program (10 U.S.C. 2701) for ord24 nance and explosive safety hazards at the Former

25 Nansemon Ordnance Depot Site in Suffolk, Virginia, pur-
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1 suant to an Interagency Agreement, entered into by the

2 Department of the Army and the Environmental Protec3 tion Agency on January 3, 2000.

4 (b) SOURCE OF FUNDS.—Any payment under sub5 section (a) shall be made using amounts authorized to be

6 appropriated by section 301 to Environmental Restora7 tion, Formerly Used Defense Sites.

8 (c) CERCLA DEFINED.—In this section, the term

9 ‘‘CERCLA’’ means the Comprehensive Environmental Re10 sponse, Compensation and Liability Act of 1980 (42

11 U.S.C. 9601 et seq.).

12 SEC. 312. PAYMENT OF FINES OR PENALTIES IMPOSED FOR

13 ENVIRONMENTAL VIOLATIONS.

14 The Secretary of the Military Department concerned

15 may pay from funds otherwise available for such purposes

16 not more than the following amounts at the locations and

17 for the purposes indicated below:

18 (1) For the Department of the Army:

19 (A) $993,000 for Walter Reed Army Med20 ical Center, Washington, D.C., under the Re21 source Conservation and Recovery Act, in satis22 faction of a fine imposed by Environmental

23 Protection Agency Region 3, for a Supple24 mental Environmental Project.
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1 (B) $377,250 for Fort Campbell, Ken2 tucky, under the Resource Conservation and

3 Recovery Act, in satisfaction of a fine imposed

4 by Environmental Protection Agency Region 4,

5 for a Supplemental Environmental Project.

6 (C) $20,701 for Fort Gordon, Georgia,

7 under the Resource Conservation and Recovery

8 Act, in satisfaction of a fine imposed by the

9 State of Georgia, for a Supplemental Environ10 mental Project.

11 (D) $78,500 for Pueblo Chemical Depot,

12 Colorado, under the Resource Conservation and

13 Recovery Act, in satisfaction of a fine imposed

14 by the State of Colorado, for Supplemental En15 vironmental Projects.

16 (E) $20,000 for Deseret Chemical Depot,

17 Utah, under the Resource Conservation and Re18 covery Act, in satisfaction of a fine imposed by

19 the State of Utah, for a Supplemental Environ20 mental Project.

21 (2) For the Department of the Navy:

22 (A) $108,800 for Allegany Ballistics Lab23 oratory, West Virginia, under the Resource

24 Conservation and Recovery Act, to the West
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1 Virginia Division of Environmental Protection

2 to pay a cash penalty.

3 (B) $5,000 for Naval Air Station, Corpus

4 Christi, Texas, under the Clean Air Act, to En5 vironmental Protection Agency Region 6, to pay

6 a cash penalty.

7 Subtitle C—Other Matters

8 SEC. 321. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR

9 SUPPORT PROVIDED AT JOHNSTON ATOLL.

10 (a) IN GENERAL.—Chapter 949 of title 10, United

11 States Code, is amended by adding at the end the fol12 lowing new section:

13 ‘‘§ 9783. Reimbursement by civil air carriers for sup14 port provided at Johnston Atoll

15 ‘‘(a) AUTHORITY OF THE SECRETARY.—Subject to

16 subsection (b), the Secretary of the Air Force may issue

17 regulations requiring payment by civil air carriers for sup18 port provided to them at Johnston Atoll.

19 ‘‘(b) TYPES OF CHARGES.—Any regulations issued

20 under subsection (a)—

21 ‘‘(1) may charge, but not exceed, the actual

22 costs, including indirect costs, of support provided

23 by the United States to the civil air carrier;

24 ‘‘(2) may only include charges for support re25 quested by the civil air carrier or required to accom-
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1 modate the civil air carrier’s use of the Johnston

2 Atoll; and

3 ‘‘(3) shall provide that charges under them

4 shall be in lieu of any otherwise collectible landing

5 fees.

6 ‘‘(c) SUPPORT DEFINED.—In this section, the term

7 ‘support’ includes the costs of construction, repairs, serv8 ices, or supplies, including, but not limited to, fuel, fire

9 rescue, use of facilities, improvements required to accom10 modate use by civil air carriers, police, safety, housing,

11 food, air traffic control, and suspension of military oper12 ations on the island (including operations at the Johnston

13 Atoll Chemical Agent Demilitarization System).

14 ‘‘(d) DISPOSITION OF PAYMENTS.—Notwithstanding

15 any other provision of law, amounts collected from a civil

16 air carrier under this section shall be credited to the ap17 propriations under which the costs associated with the

18 support were incurred. Amounts so credited shall be avail19 able for obligation for the same period as the appropria20 tion to which credited.

21 ‘‘(e) PAY-AS-YOU-GO-SCORING.—From the cash pro22 ceeds resulting from services provided to civil air carriers

23 at Johnston Atoll under the authorities provided by this

24 section, for which the Air Force does not have existing
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1 authority to retain, up to the following amounts shall be

2 transferred to Miscellaneous Receipts in the Treasury:

3 ‘‘(1) In FY 2001, $219,000;

4 ‘‘(2) In FY 2002, $219,000;

5 ‘‘(3) In FY 2003, $219,000;

6 ‘‘(4) In FY 2001, $219,000; and

7 ‘‘(5) In FY 2001, $219,000.’’.

8 (b) CLERICAL AMENDMENTS.—The table of sections

9 at the beginning of chapter 949, United States Code, is

10 amended by adding at the end the following new item:

‘‘9783. Reimbursement by civil air carriers for support provided by Johnston

Atoll.’’.

11 SEC. 322. USE OF EXCESS TITANIUM SPONGE IN

12 THE NATIONAL DEFENSE STOCKPILE FOR

13 MANUFACTURING DEPARTMENT OF DE14 FENSE EQUIPMENT.

15 (a) TRANSFER AUTHORIZED.—Upon the request of

16 the Secretary of a Military Department or the Director

17 of a Defense Agency, the Secretary of Defense may trans18 fer excess titanium sponge from the stocks of the National

19 Defense Stockpile for use in manufacturing defense equip20 ment.

21 (b) NON-REIMBURSABLE.—Transfer under this sec22 tion shall be without a requirement to reimburse the Na23 tional Defense Stockpile Transaction Fund. The recipient
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1 Military Department shall pay all transportation and re2 lated costs incurred in connection with the transfer.

3 (c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR4 ITY.—The quantity of titanium sponge transferred under

5 this section may not exceed the amount identified as ex6 cess in section 3304 of the National Defense Authorization

7 Act for Fiscal Year 1998 (Public Law 105–85, 111 Stat.

8 2057). Transfers to the Secretary of the Army pursuant

9 to section 3305 of the National Defense Authorization Act

10 for Fiscal Year 1996 (Public Law 104–106, 110 Stat.

11 630) take precedence over transfers under this section.

12 SEC. 323. CLARIFICATION AND EXTENSION OF PILOT PRO13 GRAM FOR ACCEPTANCE AND USE OF LAND14 ING FEES CHARGED FOR USE OF DOMESTIC

15 MILITARY AIRFIELDS BY CIVIL AIRCRAFT.

16 Section 377 of the Strom Thurmond National De17 fense Authorization Act for Fiscal Year 1999, Public Law

18 105–261, is amended as follows:

19 (1) in subsection (a)—

20 (A) by striking ‘‘1999 and 2000’’ and in21 serting ‘‘2001, 2002, and 2003’’; and

22 (B) by striking the last sentence of such

23 subsection and inserting ‘‘Authority to carry

24 out a pilot program under this section shall ter25 minate September 30, 2003.’’;
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1 (2) by amending subsection (b) to read as fol2 lows:

3 ‘‘(b) LANDING FEES DEFINED.—For purposes of

4 this section, the term ‘landing fees’ shall mean any fee

5 established under or in accordance with regulations of the

6 military department concerned, whether prescribed by fee

7 schedule or imposed under a joint-use agreement, to re8 cover costs for civil aircraft use of the department’s air9 fields in the United States, its territories and posses10 sions.’’;

11 (3) in subsection (c), by striking ‘‘Amounts re12 ceived for a fiscal year in payment of landing fees

13 imposed’’ and inserting ‘‘Landing fees collected.’’;

14 (4) in subsection (d)—

15 (A) by striking ‘‘March 31, 2000,’’ and in16 serting ‘‘March 31, 2003,’’; and

17 (B) by striking ‘‘December 31, 1999’’ and

18 inserting ‘‘December 31, 2002.’’.

19 SEC. 324. ECONOMIC DISTRIBUTION OF DISTILLED SPIRITS.

20 Subsection 2488(c) of title 10, United States Code,

21 is amended—

22 (1) by striking paragraph (2); and

23 (2) by redesignating paragraph (3) as para24 graph (2).
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1 TITLE IV—MILITARY

2 PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End Strengths for Active Forces.

Subtitle B—Reserve Forces

Sec. 411. End Strengths for Selected Reserve.

Sec. 412. End Strengths for Reserves on Active Duty in Support of the Reserves.

Sec. 413. End Strengths for Military Technicians (Dual Status).

Sec. 414. Increase in Number of Members in Certain Grades Authorized to be

on Active Duty in Support of the Reserves.

Sec. 415. Active Duty End Strengths Exemption for Performing Funeral Honors Functions.

Sec. 416. Excluding Certain Reserve Component Members on Active Duty for

181 Days of More from Active Component End Strengths.

Sec. 417. Suspension of Senior Enlisted Pay Grade Strength Limitations for

Active Duty (Other than for Training) During War or National

Emergency.

Sec. 418. Suspension of Senior Officers Pay Grade Strength Limitations During War or National Emergency.

Sec. 419. Suspension of Senior Enlisted Pay Grade Strength Limitations for

Active Duty (Other than for Training) in Connection with Organizing, Administering, Recruiting, Instructing, or Training

the Reserve Components or National Guard During War or

National Emergency.

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

6 duty personnel as of September 30, 2001, as follows:

7 (1) The Army, 480,000.

8 (2) The Navy, 372,000.

9 (3) The Marine Corps, 172,600.

10 (4) The Air Force, 357,000.
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1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

3 (a) IN GENERAL.—The Armed Forces are authorized

4 strengths for Selected Reserve personnel of the reserve

5 components as of September 30, 2001, as follows:

6 (1) The Army National Guard of the United

7 States, 350,000.

8 (2) The Army Reserve, 205,000.

9 (3) The Naval Reserve, 88,900.

10 (4) The Marine Corps Reserve, 39,500.

11 (5) The Air National Guard of the United

12 States, 108,000.

13 (6) The Air Force Reserve, 74,300.

14 (7) The Coast Guard Reserve, 8,000.

15 (b) ADJUSTMENTS.—The end strengths prescribed by

16 subsection (a) for the Selected Reserve of any reserve com17 ponent shall be proportionately reduced by—

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of

20 such component which are on active duty (other

21 than for training) at the end of the fiscal year, and

22 (2) the total number of individual members not

23 in units organized to serve as units of the Selected

24 Reserve of such component who are on active duty

25 (other than for training or for unsatisfactory partici-
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1 pating in training) without their consent at the end

2 of the fiscal year.

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end

5 strength prescribed for such fiscal year for the Selected

6 Reserve of such reserve component shall be increased pro7 portionately by the total authorized strengths of such

8 units and by the total number of such individual members.

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

10 DUTY IN SUPPORT OF THE RESERVES.

11 Within the end strengths prescribed in section

12 411(a), the reserve components of the Armed Forces are

13 authorized, as of September 30, 2001, the following num14 ber of Reserves to be serving on full-time active duty, or,

15 in the case of members of the National Guard, full-time

16 National Guard duty for the purpose of organizing, ad17 ministering, recruiting, instructing, or training the reserve

18 components:

19 (1) The Army National Guard of the United

20 States, 22,448.

21 (2) The Army Reserve, 12,806.

22 (3) The Naval Reserve, 14,649.

23 (4) The Marine Corps Reserve, 2,203.

24 (5) The Air National Guard of the United

25 States, 11,148.
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1 (6) The Air Force Reserve, 1,278.

2 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.

3 The Reserve Components of the Army and the Air

4 Force are authorized strengths for military technicians as

5 of September 30, 2001, as follows:

6 (1) For the Army Reserve, 6,444.

7 (2) For the Army National Guard of the United

8 States, 23,957.

9 (3) For the Air Force Reserve, 9,733

10 (4) For the Air National Guard of the United

11 States, 22,547.

12 SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN

13 GRADES AUTHORIZED TO BE ON ACTIVE

14 DUTY IN SUPPORT OF THE RESERVES.

15 (a) OFFICERS.—The table in section 12022(a) of title

16 10, United States Code, is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

Major or Lieutenant Commander .. 3,227 1,071 998 140

Lieutenant Colonel or Commander 1,611 520 818 90

Colonel or Navy Captain ............... 471 188 300 30’’.

17 (b) SENIOR ENLISTED MEMBERS.—The table in sec18 tion 12012(a) of title 10, United States Code, is amended

19 to read as follows:
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‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 ................................................ 645 202 473 20

E–8 ................................................ 2,593 429 1,108 94’’.

1 SEC. 415. ACTIVE DUTY END STRENGTH EXEMPTION FOR

2 PERFORMING FUNERAL HONORS FUNC3 TIONS.

4 Section 115(d) of title 10, United States Code, is

5 amended by adding at the end the following new para6 graphs:

7 ‘‘(9) Members of reserve components on active

8 duty to prepare for and to perform funeral honors

9 functions for funerals of veterans in accordance with

10 section 1491 of this title.

11 ‘‘(10) Members on full-time National Guard

12 duty to prepare for and to perform funeral honors

13 functions for funerals of veterans in accordance with

14 section 1491 of this title.’’.

15 SEC. 416. EXCLUDING CERTAIN RESERVE COMPONENT

16 MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR

17 MORE FROM ACTIVE COMPONENT END

18 STRENGTHS.

19 Section 115(d) of title 10, United States Code, is

20 amended by adding at the end the following new para21 graph:
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1 ‘‘(9) Members of reserve components on active

2 duty for 181 days or more to perform special work

3 in support of the armed forces (other than the Coast

4 Guard) and the combatant commands not to exceed

5 two tenths of one percent of authorized active duty

6 personnel.’’.

7 SEC. 417. SUSPENSION OF SENIOR ENLISTED PAY GRADE

8 STRENGTH LIMITATIONS FOR ACTIVE DUTY

9 (OTHER THAN FOR TRAINING) DURING WAR

10 OR NATIONAL EMERGENCY.

11 Section 517 of title 10, United States Code, is

12 amended by adding at the end the following new sub13 section (c):

14 ‘‘(c) The Secretary of Defense may suspend the oper15 ation of this section in time of war, or of a national emer16 gency declared by the Congress or by the President. Any

17 suspension shall, if not sooner ended, end on the last day

18 of the two-year period beginning on the date on which the

19 suspension (or the last extension thereof) takes effect or

20 on the last day of the one year period beginning on the

21 date of the termination of the war or national emergency,

22 whichever occurs first. Title II of the National Emer23 gencies Act (50 U.S.C. §§ 1621–1622) which provides that

24 powers or authorities exercised by reason of a national

25 emergency shall cease to be exercised after the date of the
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1 termination of the emergency shall not apply to an exten2 sion under this subsection.’’.

3 SEC. 418. SUSPENSION OF SENIOR OFFICERS PAY GRADE

4 STRENGTH LIMITATIONS DURING WAR OR

5 NATIONAL EMERGENCY.

6 Sec. 12011 of title 10, United States Code, is amend7 ed by adding at the end the following new subsection (c):

8 ‘‘(c) The Secretary of Defense may suspend the oper9 ation of this section in time of war, or of a national emer10 gency declared by the Congress or by the President. Any

11 suspension shall, if not sooner ended, end on the last day

12 of the two-year period beginning on the date on which the

13 suspension (or the last extension thereof) takes effect or

14 on the last day of the one year period beginning on the

15 date of the termination of the war or national emergency,

16 whichever occurs first. Title II of the National Emer17 gencies Act (50 U.S.C. §§ 1621–1622) which provides that

18 powers or authorities exercised by reason of a national

19 emergency shall cease to be exercised after the date of the

20 termination of the emergency shall not apply to an exten21 sion under this subsection.’’.
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1 SEC. 419. SUSPENSION OF SENIOR ENLISTED PAY GRADE

2 STRENGTH LIMITATIONS FOR ACTIVE DUTY

3 (OTHER THAN FOR TRAINING) IN CONNEC4 TION WITH ORGANIZING, ADMINISTERING,

5 RECRUITING, INSTRUCTING, OR TRAINING

6 THE RESERVE COMPONENTS OR NATIONAL

7 GUARD DURING WAR OR NATIONAL EMER8 GENCY.

9 Sec. 12012 of title 10, United States Code, is amend10 ed by adding at the end the following new subsection (c):

11 ‘‘(c) The Secretary of Defense may suspend the oper12 ation of this section in time of war, or of a national emer13 gency declared by the Congress or by the President. Any

14 suspension shall, if not sooner ended, end on the last day

15 of the two-year period beginning on the date on which the

16 suspension (or the last extension thereof) takes effect or

17 on the last day of the one year period beginning on the

18 date of the termination of the war or national emergency,

19 whichever occurs first. Title II of the National Emer20 gencies Act (50 U.S.C. §§ 1621–1622) which provides that

21 powers or authorities exercised by reason of a national

22 emergency shall cease to be exercised after the date of the

23 termination of the emergency shall not apply to an exten24 sion under this subsection.’’.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Authority to Retain Chaplains and Officers in Medical Specialties

Until Specified Age.

Sec. 502. Clarification of Authority for Posthumous Commissions.

Sec. 503. Release of Officer Promotion Selection Board Reports.

Subtitle B—Reserve Component Personnel Policy

Sec. 511. Exemption of Certain Reserve Component General and Flag Officers,

Serving in Joint Duty Assignments, from the Active Duty List

for Promotion Purposes.

Sec. 512. Authority to Temporarily Increase the Number of Officers Serving on

Active Duty or Full-Time National Guard Duty in Certain

Controlled Grades.

Sec. 513. Authority to Temporarily Increase the Number of Enlisted Personnel

Serving on Active Duty or Full-Time National Guard Duty in

Certain Controlled Grades.

Sec. 514. Exemption of Medical and Dental Officers from Counting in Grade

Strengths.

Sec. 515. Reserve Officer Promotion Authority.

Sec. 516. Continuation of Officers on the Reserve Active Status List.

Sec. 517. Technical Correction to Retired Grade Rule.

Subtitle C—Education and Training

Sec. 521. Repeal of Contingent Funding for Junior Reserve Officers Training

Corps.

Sec. 522. National Guard ChalleNGe Program.

Subtitle D—Decorations, Awards, and Commendations

Sec. 531. Authority for Award of the Medal of Honor to Ed W. Freeman for

Valor during Vietnam.

Sec. 532. Authority for Award of the Medal of Honor to Andrew J. Smith for

Valor During the Civil War.

Subtitle E—Joint Management

Sec. 541. Changes to the Joint Specialty Officer Program to Improve Utility

and Streamline Management.

Sec. 542. Promotion Policy Objectives for Joint Officers.

Sec. 543. Changes to Eligibility for Capstone, Post-education Placement Requirements, and Length of Armed Forces Staff College Courses

and Armed Forces Staff College Provision of Instruction at

Other Sites and in Other Dimension.

Sec. 544. Modification to the Length of Joint Duty Assignments.

Sec. 545. Change to the Joint Staff Role in Monitoring Joint Officers to Add

Flexibility.

Sec. 546. Modifications to the Annual Report to Congress to Highlight Key Indicators of Compliance.
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Sec. 547. Modifications to Definition of Qualifying Joint Service to Improve

Management of Officers in Joint Activities.

Sec. 548. Modifications to Waivers and Exceptions to the Requirement for a

Joint Duty Assignment Before Promotion to General or Flag

Grade to Reduce Waivers.

Subtitle F—Selection Board Appeals

Sec. 551. Remedy in Cases Involving Certain Selection Boards.

Sec. 552. Special Selection Boards.

Sec. 553. Existing Jurisdiction.

Sec. 554. Effective Date.

Subtitle G—Other Matters

Sec. 561. Exemption of Retiree Council Members from Recalled Retiree Limits.

Sec. 562. Tenure Requirement for Critical Acquisition Positions.

1 Subtitle A—Officer Personnel

2 Policy

3 SEC. 501. AUTHORITY TO RETAIN CHAPLAINS AND OFFI4 CERS IN MEDICAL SPECIALTIES UNTIL SPECI5 FIED AGE.

6 Section 14703(a)(3) of title 10, United States Code,

7 is amended to read as follows:

8 ‘‘(3) The Secretary of the Air Force may, with

9 the officer’s consent, retain in an active status any

10 reserve officer who is designated as a medical offi11 cer, dental officer, Air Force nurse, Medical Service

12 Corps officer, biomedical sciences officer or chap13 lain.’’.

14 SEC. 502. CLARIFICATION OF AUTHORITY FOR POST15 HUMOUS COMMISSIONS.

16 Section 1521(a)(3) of title 10, United States Code,

17 is amended by inserting ‘‘(whether before or after the
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1 member’s death)’’ after ‘‘was approved by the Secretary

2 concerned’’.

3 SEC. 503. RELEASE OF OFFICER PROMOTION SELECTION

4 BOARD REPORTS.

5 (a) ACTIVE-DUTY LIST OFFICER BOARDS.—Section

6 618(e) of title 10, United States Code, is amended by

7 striking the first sentence and inserting the following:

8 ‘‘Upon transmittal to the President of the report of a se9 lection board that considered officers for promotion to a

10 grade below brigadier general or rear admiral (lower half),

11 the names of the officers recommended for promotion by

12 the selection board (other than any name deferred from

13 transmittal) may be disseminated to the armed force con14 cerned.’’.

15 (b) RESERVE ACTIVE-STATUS LIST OFFICER

16 BOARDS.—Section 14112 of title 10, United States Code,

17 is amended by striking the first sentence and inserting the

18 following: ‘‘Upon transmittal to the President of the re19 port of a selection board that considered officers for pro20 motion to a grade below brigadier general or rear admiral

21 (lower half), the names of the officers recommended for

22 promotion by the selection board (other than any name

23 deferred from transmittal) may be disseminated to the

24 armed force concerned.’’.
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1 Subtitle B—Reserve Component

2 Personnel Policy

3 SEC. 511. EXEMPTION OF CERTAIN RESERVE COMPONENT

4 GENERAL AND FLAG OFFICERS, SERVING IN

5 JOINT DUTY ASSIGNMENTS, FROM THE AC6 TIVE DUTY LIST FOR PROMOTION PURPOSES

7 Section 641(1)(B) of title 10 is amended by inserting

8 ‘‘526(b)(2)(A),’’ after ‘‘section’’ the first time such term

9 appears in the subparagraph.

10 SEC. 512. AUTHORITY TO TEMPORARILY INCREASE THE

11 NUMBER OF OFFICERS SERVING ON ACTIVE

12 DUTY OR FULL-TIME NATIONAL GUARD DUTY

13 IN CERTAIN CONTROLLED GRADES.

14 Section 12011 of title 10, United States Code, is

15 amended by adding at the end the following new sub16 section:

17 ‘‘(c) Upon a determination by the Secretary of De18 fense that such action is in the national interest, the Sec19 retary may increase the number of officers serving in any

20 grade for a fiscal year pursuant to subsection (a) by not

21 more than the percent authorized by the Secretary under

22 section 115(c)(2) of this title.’’.
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1 SEC. 513. AUTHORITY TO TEMPORARILY INCREASE THE

2 NUMBER OF ENLISTED PERSONNEL SERVING

3 ON ACTIVE DUTY OR FULL-TIME NATIONAL

4 GUARD DUTY IN CERTAIN CONTROLLED

5 GRADES.

6 Section 12012 of title 10, United States Code, is

7 amended by adding at the end the following new sub8 section:

9 ‘‘(c) Upon determination by the Secretary of Defense

10 that such action is in the national interest, the Secretary

11 may increase the number of enlisted members serving in

12 any grade for a fiscal year pursuant to subsection (a) by

13 not more than the percent authorized by the Secretary

14 under section 115(c)(2) of this title.’’.

15 SEC. 514. EXEMPTION OF MEDICAL AND DENTAL OFFICERS

16 FROM COUNTING IN GRADE STRENGTHS.

17 Section 12005(a)(1) of title 10, United States Code,

18 is amended by adding at the end the following: ‘‘Medical

19 officers and dental officers shall be excluded in computing

20 and determining the authorized strengths under this sub21 section.’’

22 SEC. 515. RESERVE OFFICER PROMOTION AUTHORITY.

23 Section 641(1) of title 10, United States Code, is

24 amended:
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1 (1) by redesignating subparagraphs (D)

2 through (G) as subparagraphs (E) through (H), re3 spectively; and

4 (2) by inserting after subparagraph (C) the fol5 lowing new subparagraph:

6 ‘‘(D) who is currently on the Reserve Ac7 tive Status List and is ordered to active duty

8 under section 12301(d) of this title, other than

9 as provided in subparagraph (C), for a period

10 of three years or less;’’.

11 SEC. 516. CONTINUATION OF OFFICERS ON THE RESERVE

12 ACTIVE STATUS LIST.

13 Section 14701(a) of title 10, United States Code, is

14 amended by striking ‘‘Upon application, a reserve officer’’

15 and inserting ‘‘A reserve officer’’.

16 SEC. 517. TECHNICAL CORRECTION TO RETIRED GRADE

17 RULE.

18 (a) ARMY.—Section 3961(a) of title 10, United

19 States Code, is amended by striking ‘‘or for nonregular

20 service under chapter 1223 of this title,’’.

21 (b) AIR FORCE.—Section 8961(a) of title 10, United

22 States Code, is amended by striking ‘‘or for nonregular

23 service under chapter 1223 of this title,’’.

24 (c) EFFECTIVE DATE.—The amendments made by

25 subsections (a) and (b) shall apply to Reserve commis-
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1 sioned officers who are promoted to a higher grade as a

2 result of selection for promotion under chapter 36 or chap3 ter 1405 of title 10, United States Code, or having been

4 found qualified for federal recognition in a higher grade

5 under chapter 3 of title 32, United States Code, after Oc6 tober 5, 1994.

7 Subtitle C—Education and

8 Training

9 SEC. 521. REPEAL OF CONTINGENT FUNDING FOR JUNIOR

10 RESERVE OFFICERS TRAINING CORPS.

11 (a) IN GENERAL.—Section 2033 of title 10, United

12 States Code, is repealed.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of such chapter is amended by striking

15 the item relating to section 2033.

16 SEC. 522. NATIONAL GUARD CHALLENGE PROGRAM.

17 Section 509(b) of title 32, United States Code, is

18 amended by striking, ‘‘, except that Federal expenditures

19 under the program may not exceed $50,000,000 for any

20 fiscal year’’.
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1 Subtitle D—Medal of Honor

2 Recipients

3 SEC. 531. AUTHORITY FOR AWARD OF THE MEDAL OF

4 HONOR TO ED W. FREEMAN FOR VALOR DUR5 ING VIETNAM.

6 (a) WAIVER OF TIME LIMITATIONS.—Notwith7 standing the time limitations specified in section 3744 of

8 title 10, United States Code, or any other time limitation

9 with respect to the awarding of certain medals to persons

10 who served in the military service, the President may

11 award the Medal of Honor under section 3741 of that title

12 to Ed W. Freeman, of Boise, Idaho, for the acts of valor

13 referred to in subsection (b).

14 (b) ACTION DESCRIBED.—The acts of valor referred

15 to in subsection (a) are the actions of Ed W. Freeman

16 on November 14, 1965, as a flight leader and second in

17 command of a 16-helicopter lift unit, serving in the grade

18 of Captain at landing zone X-Ray in the battle of the

19 IaDrang Valley, Republic of Vietnam, with Alpha Com20 pany, 229 Assault Helicopter Battalion, 101st Cavalry Di21 vision (Airmobile).
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1 SEC. 532. AUTHORITY FOR AWARD OF THE MEDAL OF

2 HONOR TO ANDREW J. SMITH FOR VALOR

3 DURING THE CIVIL WAR.

4 (a) WAIVER OF TIME LIMITATIONS.—Notwith5 standing the time limitations specified in section 3744 of

6 title 10, United States Code, or any other time limitation

7 with respect to the awarding of certain medals to persons

8 who served in the military service, the President may

9 award the Medal of Honor, posthumously, under section

10 3741 of that title to Andrew J. Smith, for the acts of valor

11 referred to in subsection (b).

12 (b) ACTION DESCRIBED.—The acts of valor referred

13 to in subsection (a) are the actions of Andrew J. Smith

14 on November 30, 1864, as an infantry corporal serving

15 in the United States Army in South Carolina with the

16 55th Massachusetts Voluntary Infantry during a combat

17 operation in the Civil War Battle of Honey Hill, South

18 Carolina.

19 Subtitle E—Joint Management

20 SEC. 541. CHANGES TO THE JOINT SPECIALTY OFFICER

21 PROGRAM TO IMPROVE UTILITY AND

22 STREAMLINE MANAGEMENT.

23 (a) MANAGEMENT POLICIES FOR JOINT SPECIALTY

24 OFFICERS.—Section 661 of title 10, United States Code,

25 is amended—
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1 (1) in subsection (a), by striking ‘‘, or having

2 been nominated for, ‘the joint specialty’.’’ and in3 serting ‘‘the ‘joint specialty officer’ designation.

4 Joint specialty officers are intended to provide a

5 quickly identifiable, ready source of officers with

6 joint experience and education to meet special re7 quirements on any organizational staff and/or joint

8 task force operation.’’;

9 (2) in subsection (b), by amending the sub10 section to read as follows:

11 ‘‘(b) NUMBERS AND SELECTIONS.—Officers will be

12 designated with a joint specialty officer identifier upon

13 completion of the requirements stipulated in paragraph (c)

14 below. Designation of officers with the joint specialty offi15 cer identifier can only be made among officers—

16 ‘‘(1) who meet qualifications prescribed by the

17 Secretary of Defense; and

18 ‘‘(2) who complete their joint duty assignment

19 when the officer is serving in a grade not less than

20 major or, in the case of the Navy, lieutenant com21 mander.’’;

22 (3) in subsection (c)—

23 (A) by amending paragraph (1) to read as

24 follows:
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1 ‘‘(1) An officer will be designated with a joint

2 specialty officer identifier after the officer—

3 ‘‘(A) successfully completes a Chairman of

4 the Joint Chiefs of Staff accredited program

5 from a joint professional military education in6 stitution and successfully completes a full tour

7 of duty in a joint duty assignment (not nec8 essarily in this order); or,

9 ‘‘(B) successfully completes two full tours

10 of duty in joint duty assignments.’’;

11 (B) in paragraph (2), by striking subpara12 graph (A) and the designator ‘‘(B)’’ at the be13 ginning of subparagraph (B); and

14 (C) by striking paragraph (4).

15 (4) subsection (d) is amended to read as fol16 lows:

17 ‘‘(d) AUTHORITY TO GRANT WAIVERS.—The Sec18 retary of a military department may request the Secretary

19 of Defense to waive the provisions of subparagraphs (A)

20 or (B) of section (c)(1) for a particular officer for unusual

21 circumstances. The requesting Secretary must justify the

22 request and relate how the officer’s situation equates to

23 the established joint experience and educational standards

24 expected for the joint specialty officer designation. In the

25 case of a general or flag officer, the Secretary of Defense
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1 may grant a waiver only for a critical need of the armed

2 forces. The authority of the Secretary of Defense to grant

3 a waiver under this subsection may be delegated only to

4 the Deputy Secretary of Defense or Chairman of the Joint

5 Chiefs of Staff.’’;

6 (5) subsection (e) is amended to read as fol7 lows:

8 ‘‘(e) JSO DESIGNATION FOR GENERAL AND FLAG

9 POSITIONS.—The Secretary shall ensure that, of joint

10 duty assignments filled by general or flag officers, those

11 positions that require, or could be enhanced by, a joint

12 specialty officer will be designated as requiring a joint spe13 cialty officer. Once a position is designated as requiring

14 a joint specialty officer, a non-joint specialty officer can

15 be assigned to the position under a waiver of the require16 ment only if deemed necessary by the Secretary of De17 fense.’’; and

18 (6) subsection (f) is amended to read as follows:

19 ‘‘(f) DESIGNATION OF JOINT PROFESSIONAL MILI20 TARY EDUCATION INSTITUTIONS.—For purposes of this

21 chapter, an educational institution may not be construed

22 to be a joint professional military education institution un23 less it is accredited by the Chairman of the Joint Chiefs

24 of Staff as such.’’.
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1 SEC. 542. PROMOTION POLICY OBJECTIVES FOR JOINT OF2 FICERS.

3 Section 662 of title 10, United States Code is

4 amended—

5 (1) by amending subsection (a) to read as fol6 lows:

7 ‘‘(a) QUALIFICATIONS.—(1) The Secretaries of each

8 military department shall establish an internal procedure

9 and process necessary to validate the qualifications of ac10 tive duty list officers assigned to joint duty activities, as

11 defined in section 668 of this title. Such internal require12 ments shall ensure an adequate number of senior colonels,

13 or in the case of the Navy, captains, are eligible for pro14 motion to brigadier general/rear admiral (lower half) to

15 meet the requirements of section 619a of this title.

16 ‘‘(2) The Secretary of Defense shall ensure that the

17 qualifications of officers assigned to joint duty assign18 ments are such that officers who are serving in joint duty

19 assignments are expected, as a group, to be promoted to

20 the next higher grade at a rate not less than the rate for

21 all officers of the same armed force in the same grade

22 and competitive category.

23 ‘‘(3) The Secretary of Defense shall develop policies

24 to ensure that the Secretaries of the military departments

25 provide appropriate consideration to joint service officers

26 eligible for promotion selection boards. Such policies shall
44

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1 ensure that an officer currently serving in a joint assign2 ment be appointed as a member of a military department

3 promotion board. Such officer shall first be approved by

4 the Chairman of the Joint Chiefs of Staff. Such policies

5 also shall ensure that the Chairman of the Joint Chiefs

6 of Staff have an opportunity to review and comment on

7 each promotion selection board to the Secretary of De8 fense and the Secretary of the military department con9 cerned prior to action on the board by the Secretary of

10 the military department concerned.’’; and

11 (2) in subsection (b) by striking ‘‘, or have

12 served in’’.

13 SEC. 543. CHANGES TO ELIGIBILITY FOR CAPSTONE, POST14 EDUCATION PLACEMENT REQUIREMENTS,

15 AND LENGTH OF ARMED FORCES STAFF COL16 LEGE COURSES AND ARMED FORCES STAFF

17 COLLEGE PROVISION OF INSTRUCTION AT

18 OTHER SITES AND IN OTHER DIMENSION.

19 Section 663 of title 10, United States Code, is

20 amended—

21 (1) in section (a)(2)(C), by striking ‘‘scientific

22 and technical’’ and inserting ‘‘career field specialty’’;

23 (2) by striking subsection (d);

24 (3) by redesignating subsection (e) as sub25 section (d); and
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1 (4) by amending subsection (d), as redesignated

2 by this section—

3 (A) by striking the catchline for the sub4 section and inserting ‘‘PRINCIPAL COURSES OF

5 INSTRUCTION PROVIDED BY THE ARMED

6 FORCES STAFF COLLEGE.—’’;

7 (B) in paragraphs (1) and (2), by striking

8 ‘‘course of instruction offered at the Armed

9 Forces Staff College’’ each time such phrase oc10 curs in each paragraph and inserting in each

11 instance ‘‘course of instruction provided by the

12 Armed Forces Staff College’’;

13 (C) in paragraph (2), by striking ‘‘three’’

14 and inserting ‘‘two’’; and

15 (D) by inserting before the period at the

16 end of paragraph (2) ‘‘, whether taught at the

17 Armed Forces Staff College or taught by the

18 Armed Forces Staff College at another appro19 priate location’’.

20 SEC. 544. MODIFICATION TO THE LENGTH OF JOINT DUTY

21 ASSIGNMENTS.

22 Section 664 of title 10, United States Code is

23 amended—

24 (1) by amending subsection (a) to read as fol25 lows:
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1 ‘‘(a) LENGTH OF JOINT DUTY ASSIGNMENTS.—The

2 length of a joint duty assignment will mirror the standard

3 tour length the Secretary of Defense establishes for each

4 installation or location at which joint duty assignments are

5 authorized. Joint duty credit is awarded as provided by

6 paragraph (d). Duty at a qualified joint task force head7 quarters requires one year of total service credited in the

8 manner specified in paragraph (g)(4)(B).’’;

9 (2) in subsection (b)—

10 (A) by striking ‘‘subsection (a) in the case

11 of any officer’’ and inserting thereof: ‘‘this sec12 tion when it is considered critical for military

13 personnel management’’; and

14 (B) by adding at the end the following new

15 sentence: ‘‘Such a waiver may be granted only

16 on a case-by-case basis in the case of any offi17 cer.’’;

18 (3) by striking subsection (c);

19 (4) by amending subsection (d) to read as fol20 lows:

21 ‘‘(d) EXCLUSIONS FROM TOUR LENGTH.—The Sec22 retary of a military department may request the joint ac23 tivity to which an officer is assigned to curtail the officer’s

24 joint assignment. The Secretary of Defense may authorize

25 such a joint service tour curtailment from the standards
47

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1 prescribed in subsection (a), provided the officer serving

2 the tour has served at least 24 months in a joint position

3 with a tour length of greater than 24 months.’’;

4 (5) by striking subsection (e);

5 (6) in subsection (f)—

6 (A) by inserting ‘‘, (c), or (e); or’’ after

7 ‘‘that meets the standards prescribed in sub8 section (a)’’; and

9 (B) by striking paragraphs (2) through (5)

10 and inserting the following new paragraphs:

11 ‘‘(2) Accumulation of partial credit earned by

12 service in one or more joint task force headquarters

13 as specified in paragraph (a), or as prescribed by the

14 Secretary of Defense.

15 ‘‘(3) A joint duty assignment with respect to

16 which the Secretary of Defense has granted a waiver

17 under subsection (b), but only in a case in which the

18 Secretary determines that the service completed by

19 that officer in that duty assignment shall be consid20 ered to be a full tour of duty in a joint duty assign21 ment.

22 ‘‘(4) The joint duty assignment was completed

23 when the officer was serving in a grade not less than

24 major, or, in the case of the Navy, lieutenant com25 mander.’’; and
48

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1 (C) by redesignating paragraph (6) as

2 paragraph (5).

3 (7) by amending subsection (g) to read as fol4 lows:

5 ‘‘(g) ACTIVITY OF ASSIGNMENT TO RECEIVE JOINT

6 DUTY CREDIT.—Officers must serve in a permanent posi7 tion considered a joint duty assignment as determined by

8 the Secretary of Defense where significant experience in

9 joint matters is obtained.’’;

10 (8) by amending subsection (h) to read as fol11 lows:

12 ‘‘(h) JOINT FULL TOUR CREDIT REQUIREMENT FOR

13 PROMOTION TO GENERAL OR FLAG GRADE.—Officers

14 must serve a full joint tour of duty under subsection (d)

15 to meet the eligibility requirements set forth in section

16 619a of this title.’’;

17 (9) in subsection (i)—

18 (A) in paragraph (4)(E), by striking ‘‘com19 bat or combat related’’ and inserting ‘‘as ap20 proved by the Secretary of Defense’’; and

21 (B) in paragraph (5), by striking ‘‘section

22 661(d)(1), section 662(a)(3), section 662(b),

23 subsection (a) of this section, and paragraphs

24 (7), (8), (9), (11), and (12) of section 667’’ and
49

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1 inserting ‘‘section 662 and section 667(a)(2),

2 (4), and (7).’’; and

3 (C) by striking paragraph (6); and

4 (10) by redesignating subsections (d) through

5 (i) as subsections (c) through (h), respectively.

6 SEC. 545. CHANGE TO THE JOINT STAFF ROLE IN MONI7 TORING JOINT OFFICERS TO ADD FLEXI8 BILITY.

9 (a) IN GENERAL.—Section 665 of title 10, United

10 States Code is amended to read as follows:

11 ‘‘§ 665. Monitoring careers of joint officers

12 ‘‘The Secretary of Defense shall take such action as

13 necessary to enhance the capabilities of the Joint Staff

14 so that it can monitor the personnel issues of officers with

15 the joint specialty officer designation and of other officers

16 who serve or have served in joint duty assignments, as

17 required.’’; and

18 (b) CONFORMING AMENDMENT.—The table of sec19 tions at the beginning of such chapter 38 is amended by

20 amending the item relating to section 665 to read as fol21 lows:

‘‘665. Monitoring careers of joint officers.’’.
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1 SEC. 546. MODIFICATIONS TO THE ANNUAL REPORT TO

2 CONGRESS TO HIGHLIGHT KEY INDICATORS

3 OF COMPLIANCE.

4 Section 667 of title 10, United States Code is amend5 ed by striking paragraphs (1) through (18) and inserting

6 the following new paragraphs:

7 ‘‘(1) The number of joint specialty officers re8 ported by grade, and branch or specialty.

9 ‘‘(2) An analysis of how well the Secretary of

10 each military department is assigning personnel to

11 joint positions.

12 ‘‘(3) The number of good of the service waivers

13 by the number of brigadier generals/rear admirals

14 (lower half) selected, per year.

15 ‘‘(4) The percent of officers departed from joint

16 duty before earning full tour credit.

17 ‘‘(5) The percent of National Defense Univer18 sity class seats filled, by course.

19 ‘‘(6) A listing of joint task force headquarters

20 currently approved for joint duty credit and their

21 mission descriptions.

22 ‘‘(7) Promotion comparison statistics for all

23 promotion selection boards.

24 ‘‘(8) Such other significant information as de25 termined by the Secretary of Defense.’’.
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1 SEC. 547. MODIFICATIONS TO DEFINITION OF QUALIFYING

2 JOINT SERVICE TO IMPROVE MANAGEMENT

3 OF OFFICERS IN JOINT ACTIVITIES.

4 Section 668(c) of title 10, United States Code, is

5 amended to read as follows:

6 ‘‘(c) CLARIFICATION OF ‘TOUR OF DUTY’.—For pur7 poses of this chapter, a single tour of duty for the purpose

8 of awarding joint duty credit is defined as one in which

9 the officer serves consecutive tours in joint duty assign10 ment positions that award joint duty credit, or service as

11 otherwise prescribed by the Secretary of Defense.’’.

12 SEC. 548. MODIFICATIONS TO WAIVERS AND EXCEPTIONS

13 TO THE REQUIREMENT FOR A JOINT DUTY

14 ASSIGNMENT BEFORE PROMOTION TO GEN15 ERAL OR FLAG GRADE TO REDUCE WAIVERS.

16 Section 619a(b) is amended—

17 (1) in paragraph (2) by striking ‘‘scientific and

18 technical qualifications’’ and inserting ‘‘career field

19 specialty qualifications’’; and

20 (2) in paragraph (4), by striking subparagraphs

21 (A) and (B) and the dash at the end of the remain22 ing text of the paragraph, and inserting in lieu

23 thereof a period.
52

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1 Subtitle F—Selection Board

2 Appeals

3 SEC. 551. REMEDY IN CASES INVOLVING CERTAIN SELEC4 TION BOARDS.

5 (a) Chapter 79 of title 10, United States Code, is

6 amending by adding after section 1557 a new section

7 1558, to read as follows:

8 ‘‘§ 1558. Remedy in cases involving selection boards

9 ‘‘(a) Notwithstanding any other provision of law, the

10 remedies prescribed by this section shall be the sole and

11 exclusive remedies available to a person challenging for

12 any reason the action or recommendation of a selection

13 board.

14 ‘‘(b) A person challenging for any reason the action

15 or recommendation of a selection board, shall not be enti16 tled to relief in any judicial proceeding unless he has first

17 been considered by a special board under this section, or

18 has been denied such consideration by the Secretary con19 cerned. A decision by the Secretary concerned to deny

20 such consideration shall be subject to judicial review only

21 for procedural error or on the basis that such decision is

22 arbitrary, capricious or otherwise contrary to law. A rec23 ommendation by a special board or a decision resulting

24 from such recommendation shall be subject to judicial re-
53

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1 view only for procedural error or on the basis that such

2 decision is contrary to law.

3 ‘‘(c) If consideration by a special board results in a

4 decision favorable to a person considered thereby, the Sec5 retary concerned may correct such person’s military

6 records to reflect that favorable decision, retroactive to the

7 effective date of the action of the original selection board.

8 In effecting such correction, the Secretary shall ensure

9 that a person who, as a result of consideration by a special

10 board, becomes entitled to retention on or restoration to

11 active duty or active status in a reserve component,

12 shall—

13 ‘‘(1) with his consent, be retroactively and pro14 spectively restored to the same status, rights and en15 titlements (less appropriate offsets against back pay

16 and allowances) in his armed force as he would have

17 had if he had not been selected to be separated, re18 tired or transferred to the retired reserve or to inac19 tive status in a reserve component as a result of the

20 recommendation of the original selection board, pro21 vided that nothing herein shall be construed to per22 mit the retention of such person on active duty or

23 in an active status in a reserve component beyond

24 the date on which he would have been separated, re25 tired or transferred to the retired reserve or to inac-
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1 tive status in a reserve component if he had not

2 been selected to be separated, retired or transferred

3 to the retired reserve or to inactive status in a re4 serve component as a result of the recommendation

5 of the original selection board; or

6 ‘‘(2) if he does not consent to such restoration,

7 receive back pay and allowances (less appropriate

8 offsets) and service credit from the date of his sepa9 ration, retirement or transfer to the retired reserve

10 or to inactive status in a reserve component until the

11 earlier of (A) the date he would have been restored

12 under clause (1) of this subsection, as determined by

13 the Secretary concerned, or (B) the date on which

14 he would have been separated, retired or transferred

15 to the retired reserve or to inactive status in a re16 serve component if he had not been selected to be

17 separated, retired or transferred to the retired re18 serve or to inactive status in a reserve component as

19 a result of the recommendation of the original selec20 tion board.

21 ‘‘(d) If consideration by a special board results in a

22 decision unfavorable to a person considered thereby, such

23 decision shall be deemed to confirm the action of the origi24 nal selection board with respect to that person, retroactive
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1 to the effective date of such action of the original selection

2 board.

3 ‘‘(e) The Secretary concerned may prescribe regula4 tions to implement this section. Such regulations may pre5 scribe the circumstances under which the consideration

6 may be provided under this section, including the cir7 cumstances under which such consideration is contingent

8 upon application for such consideration, and time limits

9 within which a person must make such application in

10 order to receive such consideration. Such regulations

11 issued by the Secretary of a Military Department must

12 be approved by the Secretary of Defense.

13 ‘‘(f) INAPPLICABILITY TO THE COAST GUARD.—This

14 section does not apply to the Coast Guard when it is not

15 operating as a service in the Department of the Navy.

16 ‘‘(g) DEFINITIONS.—As used in this section:

17 ‘‘(1) ‘Special board’ means a board convened by

18 the Secretary concerned under any authority to con19 sider whether to recommend a person for appoint20 ment, enlistment, reenlistment, assignment, pro21 motion, retention, separation, retirement or transfer

22 to inactive status in a reserve component, in place

23 of consideration by a prior selection board which

24 considered or should have considered that person,

25 but does not include a promotion special selection
56

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1 board convened under section 628 or 14502 of this

2 title. A board for correction of military or naval

3 records convened under section 1552 of this title is

4 a special board if so designated by the Secretary

5 concerned.

6 ‘‘(2) ‘Selection board’ means a selection board

7 convened under section 573, 580, 580a, 581, 611,

8 637, 638, 638a, 14101, 14701, 14704, or 14705 of

9 this title, and any other board (except a special

10 board or a board convened under section 1552 of

11 this title) convened by the Secretary concerned

12 under any authority to recommend persons for ap13 pointment, enlistment, reenlistment, assignment,

14 promotion or retention in the armed forces; or for

15 separation, retirement or transfer to inactive status

16 in a reserve component for the purpose of reducing

17 the number of persons serving in the armed forces.

18 However, for the purposes of this section, ‘selection

19 board’ does not include a promotion selection board

20 convened under sections 573(a), 611(a), or 14101(a)

21 of this title.

22 ‘‘(3) ‘Secretary concerned’ means the Secretary

23 of a military department. It does not include the

24 Secretary of Transportation.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for such chapter is amended by adding after the item re3 lated to section 1557 the following new item:

‘‘1558. Remedy in cases involving certain selection boards.’’.

4 SEC. 552. SPECIAL SELECTION BOARDS.

5 (a) Section 628 of title 10, United States Code, is

6 amended by adding at the end the following new sub7 sections:

8 ‘‘(h) LIMITATIONS OF OTHER JURISDICTION.—No

9 official or court of the United States shall have power or

10 jurisdiction—

11 ‘‘(1) over any claim based in any way on the

12 failure of an officer or former officer of the armed

13 forces to be selected for promotion by a selection

14 board convened under chapter 33A or 36 of this title

15 until—

16 ‘‘(A) the claim has been referred to a spe17 cial selection board by the Secretary concerned

18 and acted upon by that board; or

19 ‘‘(B) the claim has been rejected by the

20 Secretary without consideration by a special se21 lection board; or

22 ‘‘(2) to grant any relief on such a claim unless

23 the officer or former officer has been selected for

24 promotion by a special selection board convened

25 under this section to consider the officer’s claim.
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1 ‘‘(i) JUDICIAL REVIEW.—(1) A court of the United

2 States may review a determination by the Secretary con3 cerned under subsection (a)(1) or (b)(1) not to convene

4 a special selection board. If a court finds the determina5 tion to be arbitrary or capricious, not based on substantial

6 evidence, or otherwise contrary to law, it shall remand the

7 case to the Secretary concerned, who shall provide for con8 sideration of the officer or former officer by a special selec9 tion board under this section.

10 ‘‘(2) If a court finds that the action of a special selec11 tion board which considers an officer or former officer was

12 contrary to law or involved material error of fact or mate13 rial administrative error, it shall remand the case to the

14 Secretary concerned, who shall provide the officer or

15 former officer reconsideration by a new special selection

16 board.’’.

17 SEC. 553. EXISTING JURISDICTION.

18 (a) Nothing in this Act shall limit the existing juris19 diction of any federal court to determine the validity of

20 any statute, regulation, or policy relating to selection

21 boards, provided that, in the event any such statute, regu22 lation or policy is found to be invalid, the remedies pre23 scribed in this Act shall be the sole and exclusive remedies

24 available to any person challenging the recommendation

25 of a selection board on the basis of such invalidity.
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1 (b) Nothing in this Act shall limit the existing author2 ity of the Secretary of a military department (or with re3 spect to the Coast Guard, the Secretary of Transpor4 tation) to correct any military record of the Secretary’s

5 department under section 1552 of title 10, United States

6 Code.

7 SEC. 554. EFFECTIVE DATE.

8 The amendments made by sections 551 and 552 of

9 this Act are retroactive without limitation and shall be

10 construed to apply to any proceeding pending on the date

11 of enactment of this Act, or hereafter brought, in any

12 court.

13 Subtitle G—Other Matters

14 SEC. 561. EXEMPTION OF RETIREE COUNCIL MEMBERS

15 FROM RECALLED RETIREE LIMITS.

16 Section 690(b)(2) of title 10, United States Code, is

17 amended by adding at the end the following new para18 graph:

19 ‘‘(D) Any officer assigned to duty as a

20 member of the Army, Navy, or Air Force Re21 tiree Council for the period of active duty to

22 which ordered.’’.
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1 SEC. 562. TENURE REQUIREMENT FOR CRITICAL ACQUISI2 TION POSITIONS.

3 Section 1734(a) of title 10, United States Code, is

4 amended—

5 (1) in paragraph (1), by striking ‘‘critical acqui6 sition position’’ and inserting in lieu thereof ‘‘pro7 gram manager or deputy program manager position

8 for a significant nonmajor defense acquisition pro9 gram, program executive officer position, general or

10 flag officer position or civilian position equivalent

11 thereto, or senior contracting official position’’; and

12 (2) in paragraph (2), by striking ‘‘critical acqui13 sition position’’ and inserting in lieu thereof ‘‘pro14 gram manager or deputy program manager position

15 for a significant nonmajor defense acquisition pro16 gram, program executive officer position, general or

17 flag officer position or civilian position equivalent

18 thereto, or senior contracting official position’’.

19 TITLE VI—COMPENSATION AND

20 PERSONNEL BENEFITS

Subtitle A—Bonuses and Special and Incentive Pays

Sec. 601. Aviation Career Incentive Pay—Authorize Secretaries to Delegate

Authority to Waive Operational Flying Duty Requirements.

Sec. 602. Improved Consistency of Special Pay for Reserve Medical and Dental

Officers.

Sec. 603. Funeral Honors Duty Compensation.

Sec. 604. Extension of Authorities Relating to Payment of Other Bonuses and

Special Pays.

Sec. 605. Extension of Certain Bonuses and Special Pay Authorities for Reserve Forces.
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Sec. 606. Extension of Certain Bonuses and Special Pay Authorities for Nurse

Officer Candidates, Registered Nurses, and Nurse Anesthetists.

Sec. 607. Special Pay for Physician Assistants.

Subtitle B—Travel and Transportation Allowances

Sec. 611. Revision to the Travel Management Allowance for Temporary Lodging Expenses.

Sec. 612. Changes in the Administration of Baggage and Household Goods

Moves Payment for Savings in Shipping Less Than Authorized

Weights.

Sec. 613. Advance Payment of Temporary Lodging Allowance.

Sec. 614. Changes in the Administration of Motor Vehicle Transportation or

Storage.

Subtitle C—Servicemembers’ Group Life Insurance and Survivor Benefit Plan

Sec. 621. Eligibility of Certain Members of the Individual Ready Reserve for

Servicemembers’ Group Life Insurance.

Subtitle D—Other Matters

Sec. 631. Eligibility for Presidential Appointment to a Service Academy for

Children of Reserve Personnel.

Sec. 632. Personal Money Allowance for Senior Enlisted Members.

Sec. 633. Increase in Uniform Allowance for Officers.

Sec. 634. Revision of Authority to Prescribe the Quantity and Kind of Clothing

to be Furnished Annually to Enlisted Members (or Allowance

in lieu Thereof).

1 Subtitle A—Bonuses and Special

2 and Incentive Pays

3 SEC. 601. AVIATION CAREER INCENTIVE PAY; DELEGATION

4 OF AUTHORITY TO WAIVE OPERATIONAL FLY5 ING DUTY REQUIREMENTS.

6 Section 301a(a)(5) of title 37, United States Code,

7 is amended by striking the third sentence and inserting

8 ‘‘The Secretary concerned may delegate the authority in

9 the preceding sentence, but not below the Service Per10 sonnel Chief, to permit the payment of incentive pay under

11 this paragraph.’’.
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1 SEC. 602. IMPROVED CONSISTENCY OF SPECIAL PAY FOR

2 RESERVE MEDICAL AND DENTAL OFFICERS.

3 (a) RESERVE MEDICAL OFFICERS SPECIAL PAY

4 AMENDMENT.—Section 302(h)(1) of title 37, United

5 States Code, is amended by adding at the end: ‘‘, including

6 active duty in the form of annual training, active duty for

7 training, and active duty for special work’’.

8 (b) RESERVE DENTAL OFFICERS SPECIAL PAY

9 AMENDMENT.—Section 302f(d) of title 37, United States

10 Code, is amended to read as follows:

11 ‘‘(d) SPECIAL RULE FOR RESERVE MEDICAL AND

12 DENTAL OFFICERS.—While a reserve medical or dental

13 officer receives a special pay under section 302 or 302b

14 (whichever applies) of this title by reason of subsection

15 (a), the officer shall not be entitled to special pay under

16 subsection (h) of such section 302 or 302b.’’.

17 SEC. 603. FUNERAL HONORS DUTY COMPENSATION.

18 (a) COMPENSATION OF MEMBERS OF THE NATIONAL

19 GUARD FOR FUNERAL HONORS DUTY.—Section

20 115(b)(2) of title 32, United States Code, is amended by

21 adding before the period at the end: ‘‘or compensation at

22 the rate prescribed in section 206 of title 37’’.

23 (b) COMPENSATION OF MEMBERS OF A RESERVE

24 COMPONENT GUARD FOR FUNERAL HONORS DUTY.—

25 Section 12503(b)(2) of title 10, United States Code, is
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1 amended by adding before the period at the end; ‘‘or com2 pensation at the rate prescribed in section 206 of title 37’’.

3 (c) CONFORMING AMENDMENT.—Subsection 435(c)

4 of title 37 is repealed.

5 SEC. 604. EXTENSION OF AUTHORITIES RELATING TO PAY6 MENT OF OTHER BONUSES AND SPECIAL

7 PAYS.

8 (a) AVIATION OFFICER RETENTION BONUS.—Sec9 tion 301b(a) of title 37, United States Code, is amended

10 by striking ‘‘December 31, 2000’’ and inserting ‘‘Sep11 tember 30, 2002’’.

12 (b) REENLISTMENT BONUS FOR ACTIVE MEM13 BERS.—Section 308(g) of title 37, United States Code, is

14 amended by striking ‘‘December 31, 2000’’ and inserting

15 ‘‘September 30, 2002’’.

16 (c) ENLISTMENT BONUSES FOR MEMBERS WITH

17 CRITICAL SKILLS.—Section 308a(d) of title 37, United

18 States Code, is amended by striking ‘‘December 31, 2000’’

19 and inserting ‘‘September 30, 2002’’.

20 (d) ARMY ENLISTMENT BONUS.—Section 308f(c) of

21 title 37, United States Code, is amended by striking ‘‘De22 cember 31, 2000’’ and inserting ‘‘September 30, 2002’’.
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1 SEC. 605. EXTENSION OF CERTAIN BONUSES AND SPECIAL

2 PAY AUTHORITIES FOR RESERVE FORCES.

3 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

4 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

5 302g(f) of title 37, United States Code, is amended by

6 striking ‘‘December 31, 2000’’ and inserting ‘‘September

7 30, 2002’’.

8 (b) SELECTED RESERVE REENLISTMENT BONUS.—

9 Section 308b(f) of title 37, United States Code, is amend10 ed by striking ‘‘December 31, 2000’’ and inserting ‘‘Sep11 tember 30, 2002’’.

12 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec13 tion 308c(e) of title 37, United States Code, is amended

14 by striking ‘‘December 31, 2000’’ and inserting ‘‘Sep15 tember 30, 2002’’.

16 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS17 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

18 308d(c) of title 37, United States Code is amended by

19 striking ‘‘December 31, 2000’’ and inserting ‘‘September

20 30, 2002’’.

21 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec22 tion 308e(e) of title 37, United States Code is amended

23 by striking ‘‘December 31, 2000’’ and inserting ‘‘Sep24 tember 30, 2002’’.

25 (f) READY RESERVE ENLISTMENT AND REENLIST26 MENT BONUS.—Section 308h(g) of title 37, United States
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1 Code is amended by striking ‘‘December 31, 2000’’ and

2 inserting ‘‘September 30, 2002’’.

3 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

4 308i(f) of title 37, United States Code is amended by

5 striking ‘‘December 31, 2000’’ and inserting ‘‘September

6 30, 2002’’.

7 (h) REPAYMENT OF EDUCATION LOANS FOR CER8 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE9 LECTED RESERVES.—Section 16302(d) of title 10, United

10 States Code, is amended by striking ‘‘January 1, 2001’’

11 and inserting ‘‘January 1, 2002’’.

12 SEC. 606. EXTENSION OF CERTAIN BONUSES AND SPECIAL

13 PAY AUTHORITIES FOR NURSE OFFICER CAN14 DIDATES, REGISTERED NURSES, AND NURSE

15 ANESTHETISTS.

16 (a) NURSE OFFICER CANDIDATE ACCESSION PRO17 GRAM.—Section 2130a(a)(1) of title 10, United States

18 Code, is amended by striking ‘‘December 31, 2000’’ and

19 inserting ‘‘September 30, 2002’’.

20 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

21 Section 302d(a)(1) of title 37, United States Code, is

22 amended by striking ‘‘December 31, 2000’’ and inserting

23 ‘‘September 30, 2002’’.

24 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES25 THETISTS.—Section 302e(a)(1) of title 37, United States
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1 Code, is amended by striking ‘‘December 31, 2000’’ and

2 inserting ‘‘September 30, 2002’’.

3 SEC. 607. SPECIAL PAY FOR PHYSICIAN ASSISTANTS.

4 Section 302c(d)(1) of title 37, United States Code,

5 is amended by inserting ‘‘an officer in the Coast Guard

6 or Coast Guard Reserve designated as a physician assist7 ant,’’ after ‘‘nurse’’.

8 Subtitle B—Travel and

9 Transportation Allowances

10 SEC. 611. REVISION TO THE TRAVEL MANAGEMENT ALLOW11 ANCE FOR TEMPORARY LODGING EXPENSES.

12 Section 404a(a) of title 37, United States Code, is

13 amended—

14 (1) in the first sentence, by striking ‘‘actually

15 incurred’’; and

16 (2) by adding at the end the following new sen17 tences: ‘‘Allowances and entitlements authorized

18 under this section may be paid in advance. When

19 paid in advance, such payments may be based on an

20 average number of days specified by the Service Sec21 retaries.’’.
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1 SEC. 612. CHANGES IN THE ADMINISTRATION OF BAGGAGE

2 AND HOUSEHOLD GOODS MOVES PAYMENT

3 FOR SAVINGS IN SHIPPING LESS THAN AU4 THORIZED WEIGHTS.

5 Section 406(b)(1) of title 37, United States Code, is

6 amended by adding at the end the following new subpara7 graph:

8 ‘‘(F) A member entitled to transportation

9 of baggage and household effects under sub10 paragraph (A) may be paid an amount that

11 represents a prorated share of savings achieved

12 by such member’s shipping/storage weight for

13 baggage and household effects being less than

14 the established average for the member’s cat15 egory as described in subparagraph (C). Estab16 lished averages for the categories designated in

17 subparagraph (C) and the prorated shares of

18 savings that are related to shipping/or storing

19 less than such established averages shall be de20 termined annually through averages arrived at

21 through the Personal Property Shipping Pro22 gram.’’.

23 SEC. 613. ADVANCE PAYMENT OF TEMPORARY LODGING

24 ALLOWANCE.

25 Section 405(a) of title 37, United States Code, is

26 amended by striking ‘‘the Secretaries concerned may au-
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1 thorize the payment of a per diem, considering’’ and in2 serting ‘‘the Secretary concerned may pay a per diem in

3 advance and, if such payment is authorized, shall con4 sider’’.

5 SEC. 614. CHANGES IN THE ADMINISTRATION OF MOTOR

6 VEHICLE TRANSPORTATION OR STORAGE.

7 Section 2634 of title 10, United States Code, is

8 amended—

9 (1) in subsection (a)—

10 (A) by inserting the designator ‘‘(1)’’ after

11 the subsection designator at the beginning of

12 the subsection;

13 (B) by redesignating paragraphs (1)

14 through (4) as subparagraphs (A) through (D),

15 respectively; and

16 (C) by adding at the end the following new

17 paragraph:

18 ‘‘(2) A member of an armed force authorized

19 the transportation of a motor vehicle under para20 graph (1) may be paid an amount that represents a

21 prorated share, as determined annually by the Sec22 retary of Defense, of savings achieved by the mem23 ber not sending the vehicle to the new duty station.

24 Such payment may be made in advance of the mem25 ber’s change of permanent station.’’;
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1 (2) in subsection (b)—

2 (A) by redesignating paragraph (3) as

3 paragraph (4), and

4 (B) by inserting after paragraph (2) the

5 following new paragraph (3):

6 ‘‘(3) In lieu of transportation authorized by this

7 section, if a member is ordered to make a permanent

8 change of station to an area where command-spon9 sored dependents are not authorized, the member

10 may elect to have a motor vehicle as described in

11 subsection (a) stored at a location approved by the

12 Secretary concerned. The Secretary concerned may

13 pay for the costs of such storage that do not exceed

14 the cost of shipping the vehicle to and from the

15 member’s new duty station. The member must pay

16 any storage costs exceeding that amount.’’; and

17 (C) by adding at the end the following new

18 paragraph:

19 ‘‘(5) A member of an armed force authorized

20 the storage of a motor vehicle at the expense of the

21 United States under this subsection may be paid an

22 amount that represents a prorated share, as deter23 mined annually by the Secretary of Defense, of sav24 ings achieved by the member not storing the vehicle.
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1 Such payment may be made in advance of the mem2 ber’s change of permanent station.’’.

3 Subtitle D—Servicemembers’

4 Group Life Insurance and Sur5 vivors Benefit Plan

6 SEC. 621. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDI7 VIDUAL READY RESERVE FOR

8 SERVICEMEMBERS’ GROUP LIFE INSURANCE.

9 Section 1965(5) of title 38, United States Code, is

10 amended—

11 (1) by redesignating subparagraph (C) as sub12 paragraph (D);

13 (2) by striking ‘‘and’’ at the end of subpara14 graph (B); and

15 (3) by inserting the following new subparagraph

16 after subparagraph (B):

17 ‘‘(C) a person who volunteers for assign18 ment to a category in the Individual Ready Re19 serve of a uniformed service that is subject to

20 an involuntary call to active duty under section

21 12304 of title 10, United States Code; and’’.
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1 Subtitle E—Other Matters

2 SEC. 631. ELIGIBILITY FOR PRESIDENTIAL APPOINTMENT

3 TO A SERVICE ACADEMY FOR CHILDREN OF

4 RESERVE PERSONNEL.

5 (a) ARMY.—Paragraph (1) of section 4342(b) of title

6 10, United States Code, is amended—

7 (1) in subparagraph (B), by striking ‘‘, other

8 than those granted retired pay under section 12731

9 of this title (or under section 1331 of this title as

10 in effect before the effective date of the Reserve Of11 ficer Personnel Management Act)’’; and

12 (2) by adding at the end the following new sub13 paragraphs (C) and (D):

14 ‘‘(C) are serving as a member of a reserve

15 component and have earned at least 2,880 re16 tirement points credited for purposes of section

17 12733 of this title; or

18 ‘‘(D) are, or who died while they were, eli19 gible for retired pay under chapter 1223 of this

20 title, but had not yet reached age 60;’’.

21 (b) NAVY.—Paragraph (1) of section 6954(b) of title

22 10, United States Code, is amended—

23 (1) in subparagraph (B), by striking ‘‘, other

24 than those granted retired pay under section 12731

25 of this title (or under section 1331 of this title as
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1 in effect before the effective date of the Reserve Of2 ficer Personnel Management Act)’’; and

3 (2) by adding at the end the following new sub4 paragraphs (C) and (D):

5 ‘‘(C) are serving as a member of a reserve

6 component and who have earned at least 2,880

7 retirement points countable for purposes of sec8 tion 12733 of this title; or

9 ‘‘(D) are, or who died while they were, eli10 gible for retired pay under chapter 1223 of this

11 title, but had not yet reached age 60;’’.

12 (c) AIR FORCE.—Paragraph (1) of section 9342(b)

13 of title 10, United States Code, is amended—

14 (1) in subparagraph (B), by striking ‘‘, other

15 than those granted retired pay under section 12731

16 of this title (or under section 1331 of this title as

17 in effect before the effective date of the Reserve Of18 ficer Personnel Management Act)’’; and

19 (2) by adding at the end the following new sub20 paragraphs (C) and (D):

21 ‘‘(C) are serving as a member of a reserve

22 component and who have earned at least 2,880

23 retirement points countable for purposes of sec24 tion 12733 of this title; or
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1 ‘‘(D) are, or who died while they were, eli2 gible for retired pay under chapter 1223 of this

3 title, but had not yet reached age 60;’’.

4 SEC. 632. PERSONAL MONEY ALLOWANCE FOR SENIOR EN5 LISTED MEMBERS.

6 Section 414(a) of title 37, United States Code, is

7 amended—

8 (1) by redesignating clauses (3), (4), and (5) as

9 clauses (4), (5), and (6), respectively; and

10 (2) by inserting after clause (2) the following:

11 ‘‘(3) $2,000 a year, while serving as the senior

12 enlisted member of one of the armed forces;’’.

13 SEC. 633. INCREASE IN UNIFORM ALLOWANCE FOR OFFI14 CERS.

15 (a) OFFICERS; INITIAL ALLOWANCE.—Section

16 415(a) of title 37, United States Code, is amended by de17 leting ‘‘$200’’ and inserting ‘‘$400’’.

18 (b) OFFICERS; ADDITIONAL ALLOWANCE.—Section

19 416(a) of title 37, United States Code, is amended by de20 leting ‘‘$100’’ and inserting ‘‘$200’’.
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1 SEC. 634. REVISION OF AUTHORITY TO PRESCRIBE THE

2 QUANTITY AND KIND OF CLOTHING TO BE

3 FURNISHED ANNUALLY TO ENLISTED MEM4 BERS (OR ALLOWANCE IN LIEU THEREOF).

5 Section 418 of title 37, United States Code, is

6 amended—

7 (1) in subsection (a), by striking ‘‘The Presi8 dent’’ and inserting ‘‘The Secretary of Defense and

9 the Secretary of Transportation, with respect to the

10 Coast Guard when it is not operating as a service

11 in the Navy,’’; and

12 (2) in subsection (b), by striking ‘‘the Presi13 dent’’ and inserting ‘‘the Secretary of Defense’’.

14 TITLE VII—HEALTH CARE

15 PROVISIONS

Sec. 701. Medical and Dental Care for Medal of Honor Recipients.

16 SEC. 701. MEDICAL AND DENTAL CARE FOR MEDAL OF

17 HONOR RECIPIENTS.

18 (a) IN GENERAL.—Chapter 55, title 10, United

19 States Code, is amended by inserting after section 1074g

20 the following new section:

21 ‘‘§ 1074h. Medical and dental care: Medal of Honor re22 cipients

23 ‘‘A person awarded a Medal of Honor pursuant to

24 sections 3741, 6241, 8741 of this title, or pursuant to sec25 tion 491 of title 14, is entitled to the medical and dental
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1 benefits authorized by this chapter in the same manner

2 as if such person were a person described in section

3 1074(b) of this title. The spouse, unremarried widow,

4 unremarried widower, and child (as such terms are defined

5 in sections 1072(2)(A), (B), (C), and (D), respectively, of

6 this title) of such person are entitled to such medical and

7 dental benefits as are authorized by this chapter for a per8 son described in section 1076(b) of this title.’’.

9 (b) CONFORMING AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended by in11 serting after the item relating to section 1074g the fol12 lowing new item:

‘‘1074h. Medical and dental care: Medal of Honor recipients.’’.

13 TITLE VIII—ACQUISITION POL14 ICY, ACQUISITION MANAGE15 MENT, AND RELATED MAT16 TERS

Subtitle A—Amendments to General Contracting Authorities, Procedures, and

Limitations

Sec. 801. Multiyear Contract: Acquisition of Property.

Sec. 802. Elimination of the Requirement to Furnish Written Assurances of

Technical Data Conformity.

Sec. 803. Elimination of Subcontract Notification Requirements.

Sec. 804. Certainty in Application of Cost Principles.

Sec. 805. Authorization for Contractor Participation in Testing Defense Acquisition Programs.

Sec. 806. Department of Defense Acquisition Pilot Programs Authority Extension.

Sec. 807. Electronic Access to Business Opportunities.

Sec. 808. Use of Indefinite Delivery Contracts.

Subtitle B—Other Matters

Sec. 811. Price Preference Adjustments in Selected Industry Categories.
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Sec. 812. Revision to Definition of Conventional Ammunition for Single Manager Procurement.

Sec. 813. Extension of Joint Direct Attack Munition Pilot Program Authority.

Sec. 814. Technical Data Rights for Items Developed Exclusively at Private

Expense.

Sec. 815. Waiver of Live-Fire Survivability Testing MH–47E/MH–60K Helicopter Modification Programs.

Sec. 816. Repeal of Certification of Funding for Support Costs in the Five

Year Defense Program.

1 Subtitle A—Amendments to Gen2 eral Contracting Authorities,

3 Procedures, and Limitations

4 SEC. 801. MULTIYEAR CONTRACT: ACQUISITION OF PROP5 ERTY.

6 Section 2306b(l)(4) of title 10, United States Code,

7 is amended by inserting ‘‘that is subject to paragraph (3)’’

8 after ‘‘The head of an agency may not enter into a

9 multiyear contract (or extend an existing multiyear con10 tract)’’.

11 SEC. 802. ELIMINATION OF THE REQUIREMENT TO FUR12 NISH WRITTEN ASSURANCES OF TECHNICAL

13 DATA CONFORMITY.

14 Section 2320(b) of title 10, United States Code, is

15 amended—

16 (1) by striking paragraph (b)(7); and

17 (2) by re-designating paragraphs (b)(8) and

18 (b)(9) as (b)(7) and (b)(8), respectively.
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1 SEC. 803. ELIMINATION OF SUBCONTRACT NOTIFICATION

2 REQUIREMENTS.

3 Section 2306(e) of title 10, United States Code is

4 amended to read as follows:

5 ‘‘(e) Except for contracts with a contractor that

6 maintains a purchasing system that has been approved by

7 the cognizant contracting officer, each cost contract and

8 each cost-plus-a-fixed-fee contract shall include a contract

9 provision that requires the contractor to notify the agency,

10 prior to the award under a prime contract, of—

11 ‘‘(1) a cost-plus-a-fixed-fee subcontract; or

12 ‘‘(2) a fixed-price subcontract or purchase order

13 involving more than the greater of—

14 ‘‘(A) the simplified acquisition threshold;

15 or

16 ‘‘(B) five percent of the estimated cost of

17 the prime contract.’’.

18 SEC. 804. CERTAINTY IN APPLICATION OF COST PRIN19 CIPLES.

20 Section 2324(l)(1)(A) is amended—

21 (1) by inserting after ‘‘cost incentives’’ the fol22 lowing: ‘‘(including fixed price modifications thereto

23 without cost incentives)’’; and

24 (2) by inserting before the period at the end of

25 the subsection ‘‘(including commercial items fixed

26 price modifications thereto without cost incentives)’’.
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1 SEC. 805. AUTHORIZATION FOR CONTRACTOR PARTICIPA2 TION IN TESTING DEFENSE ACQUISITION

3 PROGRAMS.

4 Section 2399 of title 10, United States Code, is

5 amended—

6 (1) by amending paragraph (a)(1) to read as

7 follows:

8 ‘‘(1) The Secretary of Defense shall provide

9 that a major system may not proceed beyond low10 rate initial production until initial operational test

11 and evaluation of the system is complete.’’;

12 (2) in paragraph (a)(2), by striking ‘‘defense

13 acquisition program’’ and inserting in lieu thereof

14 ‘‘system’’;

15 (3) in subsection (d)—

16 (A) by inserting ‘‘(1)’’ at the beginning of

17 the first sentence;

18 (B) by striking ‘‘defense acquisition pro19 gram’’ and inserting in lieu thereof ‘‘system’’;

20 (C) by making the second sentence a para21 graph and inserting ‘‘(2)’’ at the beginning of

22 such new paragraph;

23 (D) in the newly designated paragraph (2),

24 by striking ‘‘the preceding sentence’’ and insert25 ing in lieu thereof ‘‘paragraph (1)’’, and
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1 (E) by adding at the end the following new

2 paragraphs (3) and (4):

3 ‘‘(3) The limitation in paragraph (1) does not

4 apply to the extent that the Secretary of Defense

5 has authorized, as prescribed in regulation, involve6 ment by persons employed by that contractor in the

7 analytic and logistic support for the operational test

8 and evaluation.

9 ‘‘(4) Exceptions authorized under paragraphs

10 (2) and (3) shall require steps to ensure the impar11 tiality of such employees and the integrity of the

12 testing and evaluation. In any case in which the Sec13 retary authorizes involvement by such employees

14 under the subsection, the Secretary shall include in

15 the test and evaluation master plan for the program

16 concerned and the operational test and evaluation

17 plan the following:

18 ‘‘(A) An identification of the specific in19 volvement of such employees in the operational

20 test and evaluation.

21 ‘‘(B) The steps taken to ensure the impar22 tiality of such employees or to ensure that such

23 employees could not affect the integrity of the

24 test and evaluation.’’;

25 (4) in subsection (e)—
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1 (A) by striking ‘‘development, production,

2 or testing’’ and inserting in lieu thereof ‘‘devel3 opment or production’’; and

4 (B) by amending paragraph (3) to read as

5 follows:

6 ‘‘(3) A contractor that has participated in (or

7 is participating in) the development or production of

8 a system for a military department or Defense Agen9 cy (or for another contractor of the Department of

10 Defense) may not be involved (in any way) in the es11 tablishment of operational test evaluation criteria:

12 ‘‘(A) for data collection;

13 ‘‘(B) for performance assessment; or

14 ‘‘(C) for evaluation activities.’’.

15 SEC. 806. DEPARTMENT OF DEFENSE ACQUISITION PILOT

16 PROGRAMS AUTHORITY EXTENSION.

17 Notwithstanding section 5064(d) of the Federal Ac18 quisition Streamlining Act of 1994 (Public Law 103–355;

19 108 Stat. 3361), the special authorities provided under

20 section 5064(c) of such Act shall continue to apply with

21 respect to programs designated under section 5064(a) of

22 such Act through the end of production of such programs.
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1 SEC. 807. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI2 TIES.

3 (a) SMALL BUSINESS ACT.—Section 8 of the Small

4 Business Act (15 U.S.C. 637) is amended—

5 (1) in subsection (e) by adding at the end the

6 following new paragraph:

7 ‘‘(4) Whenever a notice required by paragraph

8 (1)(A) is accessible electronically through the single

9 Government-wide point of entry (designated in the

10 Federal Acquisition Regulation) as provided for in

11 subsection (h) of this section, the wait period set

12 forth in paragraph (3)(A) shall be reduced by 5

13 days. If the solicitation applying to that notice also

14 is accessible electronically through the single Gov15 ernment-wide point of entry as provided for in sub16 section (h), either simultaneously with or subsequent

17 to the notice, the wait period in paragraph (3)(A)

18 shall not apply and the period specified in paragraph

19 (3)(B) for submission for bids or proposals shall

20 begin to run from the date the solicitation becomes

21 accessible electronically.’’;

22 (2) by redesignating subsections (h), (i), (j),

23 and (k) as subsections (i), (j), (k), and (l), respec24 tively; and

25 (3) by inserting after subsection (g), the fol26 lowing new subsection (h):
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1 ‘‘(h) Providing widespread electronic public notice of

2 the solicitation in a form that allows convenient and uni3 versal user access through the single Government-wide

4 point of entry (designated in the Federal Acquisition Reg5 ulation) will satisfy the publication requirements of this

6 section.’’.

7 (b) OFFICE OF FEDERAL PROCUREMENT POLICY

8 ACT.—(1) Section 18 of the Office of Federal Procure9 ment Policy Act (41 U.S.C. 416) is amended—

10 (A) in subsection (a)—

11 (i) by redesignating paragraphs (4), (5),

12 and (6) as paragraphs (5), (6), and (7), respec13 tively; and

14 (ii) by inserting after paragraph (3) the

15 following new paragraph (4):

16 ‘‘(4) Whenever a notice required by paragraph

17 (1)(A) is accessible electronically through the single

18 Government-wide point of entry (designated in the

19 Federal Acquisition Regulation) as provided for in

20 subsection (e) of this section, the wait period set

21 forth in paragraph (3)(A) shall be reduced by 5

22 days. If the solicitation applying to that notice also

23 is accessible electronically through the single Gov24 ernment-wide point of entry as provided for in sub25 section (e), either simultaneously with or subsequent
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1 to the notice, the wait period in paragraph (3)(A)

2 shall not apply and the period specified in paragraph

3 (3)(B) for submission of bids or proposals shall

4 begin to run from the date the solicitation becomes

5 accessible electronically.’’; and

6 (B) by adding at the end the following new sub7 section:

8 ‘‘(e) Providing widespread electronic public notice of

9 the solicitation in a form that allows convenient and uni10 versal user access through the single Government-wide

11 point of entry (designated in the Federal Acquisition Reg12 ulation) will satisfy the publication requirements of this

13 section.‘‘; and

14 (2) Section 30 of the Office of Federal Procurement

15 Policy Act (41 U.S.C. 426) is amended in subsection (e)—

16 (A) by striking in the first sentence the words

17 ‘‘and every year afterward through 2003’’ and in18 serting in lieu thereof ‘‘and every even numbered

19 year afterward through 2004’’; and

20 (B) by striking in paragraph (4) the words

21 ‘‘during the previous calendar year’’ and inserting in

22 lieu thereof ‘‘during the previous two fiscal years’’.

23 (c) IMPLEMENTATION.—This section shall not apply

24 to the extent the President determines it is inconsistent
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1 with any international agreement to which the United

2 States is a party.

3 SEC. 808. USE OF INDEFINITE-DELIVERY CONTRACTS.

4 (a) IN GENERAL.—Chapter 141 of title 10, United

5 States Code, is amended by adding at the end the fol6 lowing new section:

7 ‘‘§ 2410q. Use of indefinite-delivery contracts

8 ‘‘(a) INDEFINITE DELIVERY CONTRACTS.—The Sec9 retary of Defense may authorize orders to be made, either

10 directly or through the contracting officer, from Depart11 ment of Defense indefinite-delivery contracts, established

12 in support of either the military services or Department

13 of Defense activities, for gloves, boots, humanitarian and

14 operational rations, and toxicological agent protection

15 clothing, including chemical protective gloves by any of the

16 following entities upon request—

17 ‘‘(1) a State or United States territory, any de18 partment or agency of a State or territory, and any

19 political subdivision of a State or territory, including

20 a local government;

21 ‘‘(2) the Commonwealth of Puerto Rico;

22 ‘‘(3) the government of an Indian tribe (as de23 fined in section 450b(e) of title 25);

24 ‘‘(4) the District of Columbia; and
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1 ‘‘(5) qualified, non-profit agencies for the blind

2 and severely handicapped under the Javits-Wagner3 O’Day Act (41 U.S.C. 46 et seq.).

4 ‘‘(b) EXISTING STOCK OR INVENTORY.—Paragraph

5 (a) shall not be construed to authorize an entity referred

6 to in that paragraph to order existing stock or inventory

7 from Department of Defense owned and operated, or De8 partment of Defense owned and contractor operated, sup9 ply depots, warehouses, or similar facilities.

10 ‘‘(c) REIMBURSEMENT.—In any case in which an en11 tity listed in paragraph (a) makes an order against a De12 partment of Defense indefinite-delivery contract, the Sec13 retary of Defense may require the entity to reimburse the

14 Department of Defense for any administrative costs asso15 ciated with making an order.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of chapter 141 of title 10, United States

18 Code, is amended by adding at the end the following new

19 item:

‘‘2410q. Use of indefinite-delivery contracts.’’.

20 Subtitle B—Other Matters

21 SEC. 811. PRICE PREFERENCE ADJUSTMENTS IN SELECTED

22 INDUSTRY CATEGORIES.

23 Section 2323(e)(3)(B) of title 10, United States

24 Code, is amended by redesignating clause ‘‘(iii)’’ as clause
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1 ‘‘(iv)’’ and by inserting after clause (ii) the following new

2 clause (iii):

3 ‘‘(iii) No suspension shall be issued in

4 an industry category under this paragraph

5 if the President, or his designee, deter6 mines in writing that contracts for a price

7 exceeding fair market cost are necessary to

8 remedy demonstrated discrimination in

9 such industry category. Any such deter10 mination shall be published in the Federal

11 Register not less than 60 days before be12 coming effective. Any person or entity ad13 versely affected by the application of such

14 designation may seek judicial review in the

15 appropriate United States District Court.’’.

16 SEC. 812. REVISION TO DEFINITION OF CONVENTIONAL AM17 MUNITION FOR SINGLE MANAGER PROCURE18 MENT.

19 Section 806(c) of the Strom Thurmond National De20 fense Authorization Act for Fiscal Year 1999 is amended

21 to read as follows:

22 ‘‘(c) CONVENTIONAL AMMUNITION DEFINED.—For

23 purposes of this section, the term ‘conventional ammuni24 tion’ is that ammunition managed by the Department’s

25 Single Manager for Conventional Ammunition, including:
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1 (1) Small arms, mortar, automatic cannon, ar2 tillery, and ship gun ammunition.

3 (2) Bombs (cluster, fuel air explosive, general

4 purpose, and incendiary).

5 (3) Unguided rockets, projectiles, and submuni6 tions.

7 (4) Chemical ammunition with various fillers

8 (incendiary, not control, smoke, toxic agents, burster

9 igniters, peptizers, and thickeners for flame fuel).

10 (5) Land mines (ground-to-ground and air-to11 ground delivered).

12 (6) Demolition materiel.

13 (7) Grenades.

14 (8) Flares and pyrotechnics.

15 (9) All components of items included in para16 graphs (1) through (8), above, such as explosives,

17 propellants, chemical agents, cartridges, propelling

18 charges, projectiles, warheads (with various fillers

19 such as high explosive, illuminating, incendiary,

20 antimateriel, and antipersonnel), fuzes, boosters, and

21 safe and arm devices in bulk, combination, or sepa22 rately packaged items of issue for complete round

23 assembly.

24 (10) Related ammunition containers and pack25 ing items of issue for complete round assembly.’’.
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1 SEC. 813. EXTENSION OF JOINT DIRECT ATTACK MUNITION

2 PILOT PROGRAM AUTHORITY.

3 Notwithstanding section 5064(d) of the Federal Ac4 quisition Streamlining Act of 1994 (Public Law 103–355;

5 108 Stat. 3361), the special authorities provided under

6 section 5064(c) of such Act shall apply with respect to

7 all contracts awarded or modifications executed for the

8 Joint Direct Attack Munition program from the full-rate

9 production decision through the end of production of such

10 program; provided, that the Secretary of Defense may

11 award Joint Direct Attack Munition contracts and modi12 fications on the same terms and conditions as contained

13 in the Joint Direct Attack Munition Contract F08626–

14 94–C–0003.

15 SEC. 814. TECHNICAL DATA RIGHTS FOR ITEMS DEVEL16 OPED EXCLUSIVELY AT PRIVATE EXPENSE.

17 Section 2320(a)(2) of title 10, United States Code,

18 is amended—

19 (1) in subparagraph (C), by striking ‘‘(iii) is

20 necessary for operation, maintenance, installation, or

21 training (other than detailed manufacturing or proc22 ess data); or’’ and inserting ‘‘(iii) is necessary for

23 normal operation, maintenance, or installation (other

24 than detailed manufacturing or process data) when

25 such services are to be provided by other than the

26 contractor or its subcontractor, in such cases, the
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1 provision of the rights involved shall be subject to

2 negotiations between the government and the con3 tractor(s) involved;’’;

4 (2) by striking ‘‘or’’ at the end of clause

5 (C)(iii);

6 (3) by redesignating clause (C)(iv) as (C)(v);

7 (4) by inserting after clause (C)(iii) the fol8 lowing new clause (C)(iv):

9 ‘‘(iv) is necessary for critical oper10 ation, maintenance, or installation of de11 ployed equipment, when such services are

12 to be provided by other than the contractor

13 or its subcontractor; or’’; and

14 (5) in clause (F)(i)—

15 (A) in subclause (I), by striking ‘‘(C)’’ and

16 inserting ‘‘(C)(i), (C)(ii), (C)(iv), or (C)(v)’’;

17 and

18 (B) by adding at the end the following new

19 subclause:

20 ‘‘(III) under the conditions de21 scribed in subparagraph (a)(2)(C)(iii),

22 reaching agreement in negotiations

23 concerning provision of the rights in24 volved may not be required as a condi25 tion of being responsive to a solicita-
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1 tion, but may be a condition for the

2 award of a contract; or’’.

3 SEC. 815. WAIVER OF LIVE-FIRE SURVIVABILITY TESTING

4 MH–47E/MH–60K HELICOPTER MODIFICATION

5 PROGRAMS.

6 (a) WAIVER.—Notwithstanding the requirement of

7 section 2366(c)(1) of title 10, United States Code, that

8 any waiver by the Secretary of Defense of the application

9 of the survivability tests to a covered system occur before

10 the system or program enters engineering and manufac11 turing development, and notwithstanding the requirements

12 of section 142 of the National Defense Authorization Act

13 for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

14 2338) that operational test and evaluation and surviv15 ability testing of the MH–47E helicopters and MH–60K

16 helicopters be completed prior to full materiel release of

17 the helicopters for operational use, the Secretary may

18 waive the application of the survivability tests to the MH–

19 47E and MH–60K helicopter modification programs be20 fore full materiel release of the MH–47E and MH–60K

21 helicopters for operational use.

22 (b) REPORT.—Except as provided in subsection (a)

23 above, any waiver by the Secretary of Defense of the appli24 cation of the survivability tests to the MH–47E and MH–

25 60K helicopters shall comply with all other requirements
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1 of subsection (c) of section 2366 of title 10, United States

2 Code.

3 SEC. 816. REPEAL OF CERTIFICATION OF FUNDING FOR

4 SUPPORT COSTS IN THE FIVE YEAR DEFENSE

5 PROGRAM.

6 Section 2306b(i)(1) of title 10, United States Code,

7 is amended—

8 (1) by striking ‘‘each of the following conditions

9 is satisfied:’’;

10 (2) by striking subparagraph (A); and

11 (3) by striking ‘‘(B) The’’ and inserting ‘‘the’’.

12 TITLE IX—DEPARTMENT OF DE13 FENSE ORGANIZATION AND

14 MANAGEMENT

Subtitle A—Department of Defense Organization

Sec. 901. Change of Name for Certain Officials of the Headquarters, Marine

Corps.

Sec. 902. Amendment to Broaden the Definition of Inspector General and to

Clarify Responsibilities.

Sec. 903. Authority to Withhold from Public Disclosure Certain Sensitive Information.

Subtitle B—Other Matters

Sec. 911. To Consolidate Various Department of the Navy Trust and Gift

Funds.

Sec. 912. Disposition of Gifts to the Naval Academy.

Sec. 913. Mailing Privileges of Members of the Armed Forces of the United

States and of Friendly Foreign Nations.

Sec. 914. Commercial Personnel Transfer Program for Science and Engineering.

Sec. 915. Pilot Program for Payment of Retraining and Relocation Expenses.
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1 Subtitle A—Department of Defense

2 Organization

3 SEC. 901. CHANGE OF NAME FOR CERTAIN OFFICIALS OF

4 THE HEADQUARTERS, MARINE CORPS.

5 (a) INSTITUTION OF POSITIONS AS DEPUTY COM6 MANDANTS.—Section 5041(b) of title 10, United States

7 Code, is amended—

8 (1) by striking paragraphs (3) through (5) and

9 inserting the following:

10 ‘‘(3) The Deputy Commandants.’’; and

11 (2) by redesignating paragraphs (6) and (7) as

12 paragraphs (4) and (5), respectively.

13 (b) DESIGNATION OF DEPUTY COMMANDANTS.—Sec14 tion 5045 of title 10, United States Code, is amended—

15 (1) in the catchline for such section by striking

16 ‘‘Chief of Staff: Deputy and Assistant Chiefs of

17 Staff’’ and inserting ‘‘Deputy Commandants’’; and

18 (2) in the first sentence, by striking ‘‘a Chief of

19 Staff, not more than five Deputy Chiefs of Staff,

20 and not more than three Assistant Chiefs of Staff,’’

21 and inserting ‘‘not more than five Deputy Com22 mandants,’’.

23 (c) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of chapter 506 of title 10, United States
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1 Code, is amended by revising the item relating to section

2 5045 to read as follows:

‘‘5045. Deputy Commandants.’’.

3 (d) CONFORMING AMENDMENT.—Section

4 1502(7)(D) of the Armed Forces Retirement Home Act

5 of 1991 (24 U.S.C. 401) is amended to read as follows:

6 ‘‘(D) the Deputy Commandant of the Ma7 rine Corps responsible for personnel matters.’’.

8 SEC. 902. AMENDMENT TO BROADEN THE DEFINITION OF

9 INSPECTOR GENERAL AND TO CLARIFY RE10 SPONSIBILITIES.

11 (a) CLARIFICATION OF RESPONSIBILITIES.—Para12 graph 1034(c)(3)(A) of title 10, United States Code, is

13 amended by inserting ‘‘, in accordance with regulations

14 prescribed under subsection (h),’’ after ‘‘shall expedi15 tiously determine’’.

16 (b) REDEFINITION OF ‘‘INSPECTOR GENERAL.’’—

17 Paragraph 1034(i)(2) of title 10, United States Code, is

18 amended by striking subparagraphs (C), (D), (E), (F) and

19 (G) and inserting after subparagraph (B) the following

20 new subparagraph (C):

21 ‘‘(C) An officer of the armed forces or em22 ployee assigned or detailed to serve as an In23 spector General at any level in the Department

24 of Defense.’’.
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1 SEC. 903. AUTHORITY TO WITHHOLD FROM PUBIC DISCLO2 SURE CERTAIN SENSITIVE INFORMATION.

3 ‘‘(a) IN GENERAL.—Chapter 3 of title 10, United

4 States Code, is amended by inserting after section 130 the

5 following new section:

6 ‘‘§ 130b. Authority to protect and withhold from pub7 lic disclosure certain sensitive informa8 tion of foreign governments and inter9 national organizations

10 ‘‘(a) The Secretary of Defense, the Secretary of the

11 Department in which the Coast Guard is operating, or the

12 Secretary of Energy may withhold from public disclosure

13 otherwise required by law any information described in

14 subsection (b).

15 ‘‘(b) Subsection (a) applies to any information that

16 a foreign government or international organization has

17 provided to, otherwise made available to, or produced in

18 cooperation with the United States if the Secretary con19 cerned determines that the foreign government or inter20 national organization is withholding the information from

21 public disclosure (relying for that determination on the

22 written representation of the foreign government or inter23 national organization to that effect) and that any of the

24 following conditions are met:
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1 ‘‘(1) The foreign government or international

2 organization requests, in writing, that the informa3 tion be withheld.

4 ‘‘(2) The information was provided or made

5 available to the United States Government on the

6 condition that it not be released to the public.

7 ‘‘(3) The information is an item of information,

8 or is in a category of information, that the Secretary

9 concerned has specified in regulations under sub10 section (f) would have an adverse effect on the abil11 ity of the United States Government to obtain the

12 same or similar information in the future.

13 ‘‘(c)(1) In the case of a request submitted to the head

14 of an agency for disclosure of information that came into

15 the possession or under the control of the United States

16 Government before the date of the enactment of the Na17 tional Defense Authorization Act for Fiscal Year 2000 and

18 more than 25 years before the date on which the request

19 is received by the agency, the information may be withheld

20 only as set forth in paragraph (3).

21 ‘‘(2)(A) In the case of a request submitted to the

22 head of an agency for disclosure of information that came

23 into the possession or under the control of the United

24 States Government on or after the date referred to in

25 paragraph (1), the authority of the Secretary of Defense,
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1 the Secretary of the Department in which the Coast Guard

2 is operating, or the Secretary of Energy to withhold the

3 information under this section is subject to the provisions

4 of subparagraphs (B) and (C).

5 ‘‘(B) Information referred to in subparagraph

6 (A) may not be withheld under the section after—

7 ‘‘(i) the date that is specified by the foreign

8 government or international organization concerned

9 in a request or condition of the foreign government

10 or international organization described in paragraph

11 (1) or (2) of subsection (b); or

12 ‘‘(ii) if there are more than one such foreign

13 government or international organization, the latest

14 date so specified by any of them.

15 ‘‘(C) If no date is applicable under subpara16 graph (B) to a request for disclosure of any informa17 tion described in subparagraph (A) that came into

18 possession or under the control of the United States

19 more than 10 years before the date on which the re20 quest is received by an agency the Secretary of De21 fense, or the Secretary of the Department in which

22 the Coast Guard is operating, or the Secretary of

23 Energy may withhold the information withheld

24 under this section only as set forth in paragraph (3).
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1 ‘‘(3) Information referred to in paragraph (1) or

2 (2)(C) may be withheld under this section in the case of

3 a request for disclosure if, upon the notification of each

4 foreign government and international organization con5 cerned in accordance with the regulations prescribed

6 under subsection (f)(2), any such government or organiza7 tion requests in writing that the information not be dis8 closed for an additional period stated in the requests of

9 the government or organization. After considering the re10 quests of the foreign government or international organi11 zation, the head of the agency Secretary of Defense, or

12 the Secretary of the Department in which the Coast Guard

13 is operating, or the Secretary of Energy shall designate

14 a later date as the date after which the information is

15 not to be withheld under this section. The later date may

16 be extended in accordance with a later request of any such

17 foreign government or international organization under

18 this paragraph.

19 ‘‘(d) This section does not apply to information or

20 matters that are specifically required to be protected

21 against unauthorized disclosure under criteria established

22 by an Executive order to be kept secret in the interest

23 of national defense or foreign policy and that are in fact

24 properly classified at the Confidential, Secret or Top Se25 cret level pursuant to such Executive order.
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1 ‘‘(e) Nothing in this section shall be construed to au2 thorize the Secretary of Defense, or the Secretary of the

3 Department in which the Coast Guard is operating, or the

4 Secretary of Energy to withhold, or to authorize the with5 holding of, information from the appropriate committees

6 of the Congress.

7 ‘‘(f) Nothing in this section shall be construed to au8 thorize heads of agencies to withhold, or to authorize the

9 withholding of, information from the Comptroller General,

10 unless the information relates to activities that the Presi11 dent designates as foreign intelligence or counterintel12 ligence activities.

13 ‘‘(g)(1) The Secretary of Defense, or the Secretary

14 of Transportation, and the Secretary of Energy shall pre15 scribe regulations to carry out this section. The regula16 tions shall include criteria for making the determinations

17 required under subsection (b). The regulations may pro18 vide for controls on access to and use of, and special mark19 ings and specific safeguards for, a category or categories

20 of information subject to this section.

21 ‘‘(2) The regulations shall include procedures for no22 tifying and consulting with each foreign government or

23 international concerned about requests for information to

24 which this section applies.

25 ‘‘(h) In this section—
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1 ‘‘(1) The term ‘agency’ has the meaning given

2 that term in section 552(f) of title 5, United States

3 Code. The term ‘international organization’ means:

4 ‘‘(A) a public international organization

5 designated pursuant to section 1 of the Inter6 national Organizations Immunities Act (59

7 Stat. 669; 22 U.S.C. 288) as being entitled to

8 enjoy the privileges, exemptions and immunities

9 provided in such Act;

10 ‘‘(B) a public international organization

11 created pursuant to a treaty or other inter12 national agreement as an instrument through

13 or by which two or more foreign governments

14 engage in some aspect of their conduct of inter15 national affairs; and

16 ‘‘(C) an official mission (other than a

17 United States mission to a public international

18 organization referred to on) to a public inter19 national organization referred to in subpara20 graph (A) or (B).’’.

21 ‘‘(b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of such chapter 3 is amended by inserting

23 after the item relating to section 130 the following new

24 item:

‘‘130b. Authority to protect and withhold from public disclosure certain sensitive

information of foreign governments and international organizations.’’.
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1 Subtitle B—Other Matters

2 SEC. 911. TO CONSOLIDATE VARIOUS DEPARTMENT OF THE

3 NAVY TRUST AND GIFT FUNDS.

4 (a) CONSOLIDATION OF NAVAL ACADEMY GENERAL

5 GIFT FUND AND THE NAVAL ACADEMY MUSEUM

6 FUND.—Section 6973 of title 10, United States Code, is

7 amended—

8 (1) by amending subsection 6973(a) to read as

9 follows:

10 ‘‘(a)(1) The Secretary of the Navy may accept, hold,

11 administer, and spend gifts and bequests of personal prop12 erty, and loans of personal property other than money,

13 made on the condition that it be used for the benefit of,

14 or for use in connection with, the Naval Academy or the

15 Naval Academy Museum, its collection, or its services.

16 Gifts or bequests of money and the proceeds from the sales

17 of property received as gifts shall be deposited in the

18 Treasury in the fund called ‘United States Naval Academy

19 Gift and Museum Fund.’ The Secretary may disburse

20 funds deposited under this subsection for the benefit or

21 use of the Naval Academy or the Naval Academy Museum

22 subject to the terms of the gift or bequest.

23 ‘‘(2) The Secretary shall develop written guidelines

24 to be used in determining whether the acceptance of

25 money, personal property or loans of personal property
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1 under paragraph (1) would reflect unfavorably upon the

2 ability of the Department of the Navy or any employee

3 of the Department of the Navy to carry out its responsibil4 ities or his or her official duties in a fair and objective

5 manner, or would compromise the integrity, or the appear6 ance of the integrity, of its programs or any official in7 volved in those programs.’’; and

8 (2) in subsection 6973(c), by striking ‘‘United

9 States Naval Academy general gift fund’’ both times

10 such phrase appears in the subsection and by insert11 ing in lieu thereof, in each instance, ‘‘United States

12 Naval Academy Gift and Museum Fund.’’.

13 (b) REPEAL OF NAVAL ACADEMY MUSEUM FUND.—

14 Section 6974 of such title 10, is hereby repealed.

15 (c) REPEAL OF NAVAL HISTORICAL CENTER

16 FUND.—Section 7222 of such title 10, is hereby repealed.

17 (d) TRANSFER OF FUNDS.—

18 (1) UNITED STATES GIFT AND MUSEUM

19 FUND.—All funds currently deposited or held in the

20 United States Naval Academy Museum Fund estab21 lished pursuant to section 6974 of such title 10,

22 shall be transferred to the United States Naval

23 Academy Gift and Museum Fund authorized by sub24 section (a).
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1 (2) NAVY GENERAL GIFT FUND.—All funds cur2 rently deposited or held in the Naval Historical Cen3 ter Fund, established pursuant to section 7222 of

4 such title 10, shall be transferred to the Department

5 of the Navy General Gift Fund authorized by section

6 2601 of such title 10.

7 (e) CLERICAL AMENDMENTS.—

8 (1) CHAPTER 603.—The Table of Sections at

9 the beginning of Chapter 603 of such title 10 is

10 amended by striking the item relating to section

11 6974.

12 (2) CHAPTER 631.—The Table of Sections at

13 the beginning of Chapter 631 of such title 10 is

14 amended by striking the item relating to section

15 7222.

16 SEC. 912. DISPOSITION OF GIFTS TO THE NAVAL ACADEMY.

17 Notwithstanding section 6973 of title 10, United

18 States Code, during fiscal year 2000 the Secretary of the

19 Navy may dispose of the current cash value of a previously

20 accepted gifts to the Naval Academy Gift Fund by trans21 fer to an entity designated by the donor.
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1 SEC. 913. MAILING PRIVILEGES OF MEMBERS OF THE

2 ARMED FORCES OF THE UNITED STATES AND

3 OF FRIENDLY FOREIGN NATIONS.

4 Section 3401(b) of title 39, United States Code, is

5 amended—

6 (1) by striking ‘‘100 inches in length and girth

7 combined’’ and inserting ‘‘maximum size of Stand8 ard Mail (B)’’; and

9 (2) by striking ‘‘100 inches in length and girth

10 combined’’ and inserting ‘‘maximum size of Stand11 ard Mail (B)’’.

12 SEC. 914. COMMERCIAL PERSONNEL TRANSFER PROGRAM

13 FOR SCIENCE AND ENGINEERING.

14 (a) IN GENERAL.—Chapter 111 of title 10, United

15 States Code, is amended by inserting after section 2195

16 the following new section:

17 ‘‘§ 2195a. Science and engineering cooperative com18 mercial personnel transfer program

19 ‘‘(a) The Secretary of Defense may establish a pilot

20 program for the assignment of no more than one hundred

21 individuals employed by private commercial entities to the

22 Department of Defense to conduct science and engineering

23 functions. Each such assignment shall—

24 ‘‘(1) be on a temporary basis;

25 ‘‘(2) be at a laboratory owned and operated by

26 the Department of Defense;
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1 ‘‘(3) exclude involvement in managerial or pol2 icy-making functions of the Department; and

3 ‘‘(4) be subject to the terms and conditions set

4 forth in this section.

5 ‘‘(b) The terms of an assignment made under sub6 section (a) shall be in writing. Such terms may not include

7 an exemption from any statute or regulation otherwise ap8 plicable to the employee or the private commercial em9 ployer.

10 ‘‘(c) An assignment made pursuant to subsection (a)

11 shall be for a period of not to exceed two years, except

12 that, subject to subsection (k), the Secretary may extend

13 the assignment for up to an additional two years with the

14 consent of the employee concerned and the private com15 mercial entity.

16 ‘‘(d) An employee assigned to the Department of De17 fense pursuant to subsection (a) may—

18 ‘‘(1) be appointed for the agreed period of the

19 assignment in the Department without regard to the

20 provisions of title 5 governing appointments in the

21 competitive service; or

22 ‘‘(2) be deemed to be on a detail to the Depart23 ment.

24 For purposes of this section, a detail is the temporary as25 signment of a private commercial entity employee to the
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1 Department of Defense, with the expectation that the em2 ployee will return to the employee’s position of record with

3 the private commercial entity at the expiration of the de4 tail. The employee, while remaining an employee of the

5 private commercial entity during the period of the detail

6 for purposes of establishing eligibility for benefits and lon7 gevity in accordance with subsections (g) and (i), shall be

8 paid by the Department of Defense in accordance with

9 subsections (e) and (i).

10 ‘‘(e) A person given an assignment, whether by detail

11 or appointment, pursuant to subsection (a), shall be paid

12 solely by the Department of Defense at a rate established

13 by the Secretary, of not less than the equivalent of grade

14 12, step 1, of the General Schedule, and not to exceed

15 the maximum rate provided in section 5306(e) of title 5,

16 except that, under regulations established by the Sec17 retary, the Secretary may provide such person compensa18 tion (in addition to base pay), including benefits (to the

19 extent not prohibited by subsection (f)), incentives, and

20 allowances, consistent with, and not in excess of the level

21 authorized for, comparable positions authorized by title 5.

22 ‘‘(f) A person assigned to the Department of Defense

23 pursuant to subsection (a) is deemed, for the period of

24 the assignment, to be an employee of the Department of
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1 Defense for all purposes, except as otherwise provided in

2 this section and except for—

3 ‘‘(1) subchapter III of chapter 83 of this title

4 or other applicable retirement systems;

5 ‘‘(2) chapter 87 of this title; and

6 ‘‘(3) chapter 89 of this title or other applicable

7 health benefits system unless his appointment re8 sults in the loss of coverage in a group health bene9 fits plan the premium of which has been paid in

10 whole or in part by contribution by the private com11 mercial entity.

12 ‘‘These exceptions shall not apply to non-Federal em13 ployees who are covered by chapters 83, 87, and 89 of

14 this title by virtue of their non-Federal employment imme15 diately before assignment and appointment under this sec16 tion.

17 ‘‘(g) Notwithstanding subsection (f) and section 209

18 of title 18, the period of time a private commercial entity

19 employee is assigned to the Department pursuant to this

20 section may be counted by the private commercial entity,

21 for purposes of determining the employee’s longevity or

22 seniority with that private sector entity, as if it were em23 ployment with that entity.

24 ‘‘(h) An employee of a private commercial entity who

25 is provided an appointment in the Department of Defense
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1 for the period of the assignment or who is on detail to

2 the Department of Defense and who suffers disability or

3 dies as a result of personal injury sustained while in the

4 performance of his duty during the period of the assign5 ment shall be treated, for the purpose of subchapter I of

6 chapter 81 of this title, as though he were an employee

7 as defined by section 8101 of title 5. When an employee

8 (or his dependents in case of death) entitled by reason of

9 injury or death to benefits under subchapter I of chapter

10 81 of this title is also entitled to benefits from the private

11 commercial entity for the same injury or death, he (or his

12 dependents in case of death) shall elect which benefits he

13 will receive. The election shall be made within one year

14 after the injury or death, or within such further time as

15 the Secretary of Labor may allow for reasonable cause

16 shown. When made, the election is irrevocable unless oth17 erwise provided by law.

18 ‘‘(i) During the period that the private commercial

19 entity employee is assigned to the Department of Defense

20 pursuant to this section, the employer’s contributions to

21 the private commercial entity’s retirement, life insurance,

22 and health benefit plans covering the employee’s period

23 of assignment may be made from the appropriations of

24 the Department of Defense, as if paid by the private com-
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1 mercial entity, if provision is made for such payments by

2 the agreement required under subsection (b).

3 ‘‘(j) For purposes of this section, a ‘‘private commer4 cial entity’’ means a non-Federal commercial organization,

5 including a corporation, partnership, sole proprietorship,

6 limited liability company, or other such form of commer7 cial enterprise.

8 ‘‘(k) The authority under subsection (a) expires five

9 years after the effective date of this Act, but may be termi10 nated earlier at the discretion of the Secretary of Defense.

11 ‘‘(l) The Secretary of Defense shall evaluate the pilot

12 program established pursuant to this section and shall re13 port to the President and the Congress on whether the

14 program should be continued in its current form, ex15 panded within the Department of Defense, or expanded

16 to include other government agencies. This report shall be

17 submitted during the fourth year of the pilot program.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter 111 is amended by insert20 ing after the item relating to section 2195 the following

21 new item:

‘‘2595a. Science and engineering cooperative commercial personnel transfer program.’’.
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1 SEC. 915. PILOT PROGRAM FOR PAYMENT OF RETRAINING

2 AND RELOCATION EXPENSES.

3 (a) IN GENERAL.—Chapter 141 of title 10, United

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 2410o. Pilot program for payment of retraining

7 and relocation expenses

8 ‘‘(a) AUTHORITY.—The Secretary of Defense may es9 tablish a pilot program for the payment of retraining and

10 relocation expenses in accordance with this section to fa11 cilitate the reemployment of eligible employees of the De12 partment of Defense who are being involuntarily separated

13 due to a reduction-in-force or a transfer of functions of

14 the facility or military installation where such persons are

15 employed. Under the pilot program, the Secretary may pay

16 retraining and relocation incentives to encourage non-Fed17 eral employees to hire and retain such employees.

18 ‘‘(b) ELIGIBLE EMPLOYEES.—For purposes of this

19 section, an eligible employee is an employee of the Depart20 ment of Defense, serving under an appointment without

21 time limitation, who has been employed by the Depart22 ment of Defense for a continuous period of at least 12

23 months and who has been given notice of separation pur24 suant to a reduction in force, except that such term does

25 not include—
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1 ‘‘(1) a reemployed annuitant under subchapter

2 III of chapter 83 of title 5, chapter 84 of title 5, or

3 another retirement system for employees of the Gov4 ernment;

5 ‘‘(2) an employee who, upon separation from

6 Federal service, is eligible for an immediate annuity

7 under subchapter III of chapter 83 of title 5 or sub8 chapter II of chapter 84 of title 5; or

9 ‘‘(3) an employee who is eligible for disability

10 retirement under any of the retirement systems re11 ferred to in paragraph (1).

12 ‘‘(c) RETRAINING INCENTIVE.—(1) Under the pilot

13 program, the Secretary may enter into an agreement with

14 a non-Federal employer under which the non-Federal em15 ployer agrees—

16 ‘‘(A) to employ a person referred to in sub17 section (a) for at least 12 months for a salary that

18 is mutually agreeable to the employer and such per19 son; and

20 ‘‘(B) to certify to the Secretary the cost in21 curred by the employer for any necessary training

22 provided to such person in connection with the em23 ployment by that employer.

24 ‘‘(2) The Secretary shall pay a retraining incentive

25 to the non-Federal employer upon the employee’s comple-
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1 tion of 12 months of continuous employment with that em2 ployer. Subject to subsection (f), the Secretary shall pre3 scribe the amount of the incentive.

4 ‘‘(3) The Secretary shall pay a prorated amount of

5 the full retraining incentive to the non-Federal employer

6 for an employee who does not remain employed by the

7 non-Federal employer for at least 12 months.

8 ‘‘(4) In no event may the amount of retraining incen9 tive paid for the training of any one person under the pilot

10 program exceed the amount certified for that person under

11 paragraph (1).

12 ‘‘(d) APPROVAL OF THE SECRETARY OF DEFENSE.—

13 The Secretary of a military department or the head of a

14 Defense Agency may offer an incentive under the pilot

15 program with the prior approval of the Secretary of De16 fense or pursuant to a delegation of authority by the Sec17 retary of Defense.

18 ‘‘(e) LIMITATION.—The total amount of incentives

19 paid in the case of a person under the pilot program may

20 not exceed $10,000.

21 ‘‘(f) DURATION.—No incentive may be paid the pilot

22 program for training or relocations commenced after Sep23 tember 30, 2003.

24 ‘‘(g) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘non-Federal employer’ means

2 an employer that is not an Executive Agency, as de3 fined in section 105 of title 5, or the legislation or

4 judicial branch of the Federal Government.

5 ‘‘(2) The term ‘Defense Agency’ has the mean6 ing given such term in section 101(a)(11) of this

7 title.

8 ‘‘(h) OMB A–76 COST COMPARISON.—For purposes

9 of this program, any costs incurred shall not be added as

10 one-time costs for the purposes of any cost comparisons

11 pursuant to the Office of Management and Budget Cir12 cular A–76.’’.

13 ‘‘(b) CLERICAL AMENDMENT.—The table of sections

14 at the beginning of such chapter 141 is amended by add15 ing at the end the following new item:

‘‘§ 2410o. Pilot program for payment of retraining and relocation expenses.’’.

16 TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Administrative Offsets for Transportation Overcharges.

Sec. 1002. Date for Submittal of Joint Report on Scoring of Budget Outlays

Sec. 1003. Repeal of Requirement for Two-year Budget Cycle for the Department of Defense.

Sec. 1004. Codification of Annual Recurring Appropriations Act General Provision for Reimbusements Related to Certain Reserve Intelligence or Counterintelligence Support.

Subtitle B—Humanitarian and Civic Assistance

Sec. 1011. Clarification of Authority to Provide Humanitarian and Civic Assistance.

Sec. 1012. Authority to Pay Certain Expenses Relating to Humanitarian and

Civic Assistance for Clearance of Landmines.

Subtitle C—Miscellaneous Reporting Requirements and Repeals
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Sec. 1015. Repeal of Reporting Requirement for B–2.

Sec. 1016. Amendment to National Guard and Reserve Component Equipment:

Annual Report to Congress.

Subtitle D—Other Matters

Sec. 1021. Recognition of Military Testamentary Instruments.

Sec. 1022. Fees for Military History Information, Material and Research Assistance.

Sec. 1023. Cooperative Military Airlift Agreements: Allied Countries.

Sec. 1024. Chemical Weapons Destruction Facility in Russia.

1 Subtitle A—Financial Matters

2 SEC. 1001. ADMINISTRATIVE OFFSETS FOR TRANSPOR3 TATION OVERPAYMENTS.

4 (a) OFFSETS FOR OVERPAYMENTS.—Section 2636 of

5 title 10, United States Code, is amended—

6 (1) by striking the section heading and sub7 stituting in lieu thereof:

8 ‘‘§ 2636. Deductions from carriers supporting the De9 partment of Defense’’;

10 (2) by inserting ‘‘or as an administrative offset

11 for overpayments previously paid to the carrier or

12 liquidated damages due under Department of De13 fense contracts for transportation services’’ after

14 ‘‘for a military department’’; and

15 (3) by striking the period at the end of the sec16 tion and inserting ‘‘or, in the case of overcharges or

17 liquidated damages, the appropriation or account

18 that funded the transportation services. The con19 tracting officer may offset amounts less than the
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1 simplified acquisition threshold after providing the

2 notice required by section 3716(a) of title 31.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 for chapter 157, title 10, United States Code, is amended

5 by amending the item relating to section 2636 to read as

6 follows:

‘‘2636. Deductions from carriers supporting the Department of Defense.’’.

7 SEC. 1002. DATE FOR SUBMISSION OF JOINT REPORT ON

8 SCORING OF BUDGET OUTLAYS.

9 Section 226 of title 10, United States Code is

10 amended—

11 (1) in subsection (a), by striking ‘‘Not later

12 than December 15 of each year’’ and inserting ‘‘Not

13 later than the day on which the budget for any fiscal

14 year is submitted to Congress pursuant to section

15 1105 of title 31’’;

16 (2) in paragraph (a)(1), by striking, ‘‘major

17 functional category 050’’ and all that follows

18 through ‘‘section 1105 of title 31;’’, and inserting

19 ‘‘subfunction category 051 (Department of De20 fense—Military) for that budget;’’;

21 (3) in the catchline to subsection (b), by strik22 ing ‘‘USE OF AVERAGES.—’’ and inserting ‘‘USE OF

23 DIFFERENCES.—’’; and

24 (4) in subsection (b), by striking ‘‘, the report

25 shall reflect the average of the relevant outlay rates
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1 or assumptions used by the two offices.’’ and insert2 ing ‘‘, the report shall reflect the differences between

3 the relevant outlay rates or assumptions used by the

4 two offices. For each account where a difference ex5 ists, the report also shall display the budget year

6 budget authority (BA), the rates, and the outlays

7 estimated by both offices.’’.

8 SEC. 1003. REPEAL OF REQUIREMENT FOR TWO-YEAR

9 BUDGET CYCLE FOR THE DEPARTMENT OF

10 DEFENSE.

11 Section 1405 of the Department of Defense Author12 ization Act, 1986 (31 U.S.C. 1105 note) is repealed.

13 SEC. 1004. CODIFICATION OF ANNUAL RECURRING APPRO14 PRIATIONS ACT GENERAL PROVISION FOR

15 REIMBURSEMENTS RELATED TO CERTAIN

16 RESERVE INTELLIGENCE OR COUNTERINTEL17 LIGENCE SUPPORT.

18 Section 2241 of title 10, United States Code, is

19 amended by adding the following new subsection at the

20 end thereof:

21 ‘‘(c) OPERATION AND MAINTENANCE REIMBURSE22 MENTS.—Amounts appropriated for operation and main23 tenance of the Military Departments, the Combatant Com24 mands and Defense Agencies shall be available for reim25 bursement of pay, allowances and other expenses which
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1 would otherwise be incurred against appropriations for the

2 National Guard and Reserve when members of the Na3 tional Guard and Reserve provide intelligence or counter4 intelligence support to Combatant Commands, Defense

5 Agencies and Joint Intelligence activities, including the ac6 tivities and programs included within the National For7 eign Intelligence Program (NFIP), the Joint Military In8 telligence Program (JMIP), and the Tactical Intelligence

9 and Related Activities (TIARA) aggregate. Nothing in this

10 subsection authorizes deviation from established Reserve

11 and National Guard personnel and training procedures.’’.

12 Subtitle B—Humanitarian and

13 Civic Assistance

14 SEC. 1011. CLARIFICATION OF AUTHORITY TO PROVIDE HU15 MANITARIAN AND CIVIC ASSISTANCE.

16 Section 401(e)(1) of title 10, United States Code, is

17 amended by inserting ‘‘or under served’’ after ‘‘in rural’’.

18 SEC. 1012. AUTHORITY TO PAY CERTAIN EXPENSES RELAT19 ING TO HUMANITARIAN AND CIVIC ASSIST20 ANCE FOR CLEARANCE OF LANDMINES.

21 Section 401(c) of title 10, United States Code, is

22 amended—

23 (1) in paragraph (3), by striking ‘‘$5,000,000’’

24 and inserting ‘‘$10,000,000’’; and
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1 (2) by adding at the end the following new

2 paragraph (5):

3 ‘‘(5) Not more than ten percent of funds avail4 able for the activities described in subsection (e)(5)

5 may be used to pay for the pay and allowances of

6 Reserve Component Special Operations Force per7 sonnel performing duty in connection with training

8 and activities related to the clearing of landmines for

9 humanitarian purposes.’’.

10 Subtitle C—Miscellaneous Report11 ing Requirements and Repeals

12 SEC. 1015. REPEAL OF REPORTING REQUIREMENT

13 FOR B–2

14 Section 112 of the National Defense Authorization

15 Act for Fiscal Years 1990 and 1991 (Public Law 101–

16 189), as amended by section 141(b) of the National De17 fense Authorization Act for Fiscal Year 1996 (Public Law

18 104–106), is hereby repealed.

19 SEC. 1016. AMENDMENT TO NATIONAL GUARD AND RE20 SERVE COMPONENT EQUIPMENT: ANNUAL

21 REPORT TO CONGRESS.

22 The text of section 10541 of title 10, United States

23 Code, is amended to read as follows:

24 ‘‘(a) The Secretary of Defense shall submit to the

25 Congress each year, not later than March 1, a written re-
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1 port concerning the equipment of the National Guard and

2 the reserve components of the armed forces, to include the

3 Coast Guard Reserve. This report shall cover the current

4 fiscal year and three succeeding years. The focus should

5 be on major items of equipment which address large dol6 lar-value requirements, critical reserve component short7 ages and major procurement items. Specific major items

8 of equipment shall include ships, aircraft, combat vehicles

9 and key combat support equipment.

10 ‘‘(b) Each annual report under this section should in11 clude the following:

12 ‘‘(1) Major items of equipment required and on13 hand in the inventories of each reserve component.

14 ‘‘(2) Major items of equipment which are ex15 pected to be procured from commercial sources or

16 transferred from the Active component to the re17 serve components of each military department.

18 ‘‘(3) Major items of equipment in the inven19 tories of each reserve component which are sub20 stitutes for a required major item of equipment.

21 ‘‘(4) A narrative explanation of the plan of the

22 Secretary concerned to equip each reserve compo23 nent, including an explanation of the plan to equip

24 units of the reserve components that are short major
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1 items of equipment at the outset of war or a contin2 gency operation.

3 ‘‘(5) A narrative discussing the current status

4 of the compatibility and interoperability of equip5 ment between the reserve components and the reg6 ular components, the effect of that level of compat7 ibility or interoperability on combat effectiveness,

8 and a plan to achieve full equipment compatibility

9 and interoperability.

10 ‘‘(6) A narrative discussing modernization

11 shortfalls and maintenance backlogs within the re12 serve components and the effect of those shortfalls

13 on combat effectiveness.

14 ‘‘(7) A narrative discussing the overall age and

15 condition of equipment currently in the inventory of

16 each reserve component.

17 ‘‘(c) Each report under this section shall be expressed

18 in the same format and with the same level of detail as

19 the information presented in the Future Years Defense

20 Program Procurement Annex prepared by the Secretary

21 of Defense.’’.
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1 Subtitle D—Other Matters

2 SEC. 1021. RECOGNITION OF MILITARY TESTAMENTARY IN3 STRUMENTS.

4 (a) IN GENERAL.—Chapter 53 of title 10, United

5 States Code, is amended by inserting after section 1044c

6 the following new section:

7 ‘‘§ 1044d. Military wills and codicils; recognition

8 ‘‘(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT.—

9 A military will or codicil, executed in accordance with reg10 ulations prescribed by the Secretary of Defense and the

11 Secretary of Transportation, with respect to the Coast

12 Guard when it is not operating as a service in the Depart13 ment of the Navy, by a person who is eligible for legal

14 assistance under the provisions of section 1044 of this

15 title—

16 ‘‘(1) is exempt from any requirement of form,

17 formality, or recording that is provided for wills or

18 codicils under State law;

19 ‘‘(2) has the same legal effect as a will prepared

20 and executed in accordance with the laws of the

21 State concerned; and

22 ‘‘(3) shall be deemed valid for probate in the

23 courts of the State concerned.

24 ‘‘(b) GENERAL REQUIREMENTS FOR MILITARY

25 WILLS AND CODICILS.—Military wills and codicils include
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1 all revocable instruments that meet the following require2 ments:

3 ‘‘(1) The instrument must be executed by a

4 person (testator) who is eligible for legal assistance

5 under the provisions of section 1044 of this title, or

6 in the presence and by the direction of such testator.

7 ‘‘(2) The instrument must make a disposition

8 of property, to take effect after the testator’s death.

9 ‘‘(3) The instrument must be executed in the

10 presence of at least two disinterested witnesses.

11 ‘‘(4) The instrument must be executed before a

12 judge advocate, as defined in section 801(13) of this

13 title, or a civilian attorney serving as a legal assist14 ance officer, under the provisions of section 1044 of

15 this title.

16 ‘‘(5) The instrument must be prepared and exe17 cuted in accordance with regulations prescribed by

18 the Secretary of Defense and the Secretary of

19 Transportation, with respect to the Coast Guard

20 when it is not operating as a service in the Depart21 ment of the Navy.

22 ‘‘(c) SELF-PROOF OF MILITARY WILLS AND CODI23 CILS.—A military will or codicil executed in conformity

24 with this section may be made self-proved at the time of

25 its execution, or at any subsequent time, by the testator’s
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1 acknowledgment of it and by affidavits of the witnesses.

2 Such self-proving clauses, acknowledgments and affidavits

3 shall be executed in accordance with regulations pre4 scribed by the Secretary of Defense and the Secretary of

5 Transportation, with respect to the Coast Guard when it

6 is not operating as a service in the Department of the

7 Navy. Such self-proving clauses shall consist of a certifi8 cate of the testator, attesting witnesses and the official

9 administering the oath, that is attached to, or follows the

10 will or codicil. The specific form and content of such self11 proving clauses shall be set forth in regulations prescribed

12 by the Secretary of Defense and the Secretary of Trans13 portation, with respect to the Coast Guard when it is not

14 operating as a service in the Department of the Navy. The

15 signature of the testator, attesting witnesses and presiding

16 attorney, together with their respective titles, is prima

17 facie evidence that the signatures are genuine, that the

18 testator, witnesses and presiding attorney held the respec19 tive designated title at the time of the execution, and that

20 the will or codicil was executed in compliance with the re21 quirements for form as prescribed by the Secretaries of

22 Defense and Transportation.

23 ‘‘(d) VALIDITY OF OTHER TESTAMENTARY INSTRU24 MENTS.—Nothing herein shall invalidate testamentary in25 struments, to include holographic and nuncupative wills
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1 that are prepared and executed by, or at the direction of,

2 testators who although eligible for legal assistance under

3 the provisions of section 1044 of this title, either elect not

4 to avail themselves of such legal assistance, or by reason

5 of circumstance are unable to obtain such legal assistance.

6 The validity of such testamentary instruments shall be de7 termined by the appropriate court in accordance with its

8 rules and procedures.

9 ‘‘(e) STATE DEFINED.—For purposes of this section,

10 the term ‘State’ includes the fifty States of the United

11 States, the District of Columbia, the Commonwealth of

12 Puerto Rico, the Commonwealth of the Northern Mariana

13 Islands, and each territory and possession of the United

14 States, to include Guam, American Samoa, the Trust Ter15 ritory of the Pacific Islands, and the Virgin Islands.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of such chapter is amended by inserting

18 after the item relating to section 1044c the following:

‘‘1044d. Military wills and codicils; requirement for recognition.’’.

19 SEC. 1022. FEES FOR MILITARY HISTORY INFORMATION,

20 MATERIAL, AND RESEARCH ASSISTANCE.

21 (a) ARMY.—Chapter 437 of title 10, United States

22 Code, is amended by adding at the end the following new

23 section:
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1 ‘‘§ 4595. United States Army Military History Insti2 tute: retention of fees

3 ‘‘(a) AUTHORITY.—The Secretary of the Army may

4 charge and retain fees received for providing historical ma5 terial or research assistance from the United States Army

6 Military History Institute to public requesters.

7 ‘‘(b) RETENTION OF FEES.—Monies received by the

8 United States Military History Institute under subsection

9 (a) shall be retained by the Secretary and may only be

10 used to offset the cost of providing historical material or

11 research assistance. All funds accepted by the Secretary

12 under this subsection (a) shall be credited to funds avail13 able for the operation or support of the United States

14 Army Military History Institute and shall remain available

15 until expended.

16 ‘‘(c) EXCLUSION.—This section shall not apply to

17 records made available to the public under section 552 of

18 title 5.

19 ‘‘(d) DEFINITIONS.—In this section:

20 ‘‘(1) The term ‘United States Army Military

21 History Institute’ means the Army’s primary archive

22 for historical records and materials.

23 ‘‘(2) The term ‘public requesters’ means all per24 sons who request historical material or research as25 sistance from the Institute other than persons who

26 request material or research assistance in their offi-
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1 cial capacity as a member of the armed forces or an

2 officer or employee of the United States, as defined

3 in sections 2104 and 2105 of title 5, United States

4 Code.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of such chapter 437 is amended by add7 ing at the end the following new item:

‘‘4595. United States Army History Institute: retention of fees.’’.

8 (c) NAVY.—Chapter 649 of such title 10 is amended

9 by adding at the end the following new section:

10 ‘‘§ 7582. United States Navy and Marine Corps Histor11 ical Centers; retention of fees

12 ‘‘(a) AUTHORITY.—The Secretary of the Navy may

13 charge and retain fees received for providing historical ma14 terial or research assistance from the United States Naval

15 Historical Center and the Marine Corps Historical Center

16 to public requesters.

17 ‘‘(b) RETENTION OF FEES.—Monies received by the

18 Secretary under subsection (a) shall be retained by the

19 Secretary and may only be used to offset the cost of pro20 viding historical material or research assistance. All funds

21 accepted by the Secretary under this subsection (a) shall

22 be credited to funds available for the operation or support

23 of the United States Naval Historical Center and the Ma24 rine Corps Historical Center and shall remain available

25 until expended.
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1 ‘‘(c) EXCLUSION.—This section shall not apply to

2 records made available to the public under section 552 of

3 title 5.

4 ‘‘(d) DEFINITIONS.—In this section:

5 ‘‘(1) The term ‘United States Naval Historical

6 Center’ means the Navy’s primary archive for histor7 ical records and materials.

8 ‘‘(2) The term ‘Marine Corps Historical Center’

9 means the Marine Corps’ primary archive for histor10 ical records and materials.

11 ‘‘(3) The term ‘public requesters’ means all per12 sons who request historical material or research as13 sistance from the Navy other than persons who re14 quest material or research assistance in their official

15 capacity as a member of the armed forces or an offi16 cer or employee of the United States, as defined in

17 sections 2104 and 2105 of title 5, United States

18 Code.’’.

19 (d) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of such chapter 649 is amended by add21 ing at the end the following new item:

‘‘7582. United States Navy and Marine Corps Military Historical Centers; retention of fees.’’.

22 (e) AIR FORCE.—Chapter 937 of title 10, United

23 States Code, is amended by adding at the end the fol24 lowing new section:
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1 ‘‘§ 9594. United States Air Force Historical Research

2 Agency; retention of fees

3 ‘‘(a) AUTHORITY.—The Secretary of the Air Force

4 may charge and retain fees received for providing histor5 ical material and research assistance from the United

6 States Air Force Historical Research Agency to public re7 questers.

8 ‘‘(b) RETENTION OF FEES.—Monies received by the

9 United States Air Force Historical Research Agency

10 under subsection (a) shall be retained by the Secretary

11 and may only be used to offset the cost of providing histor12 ical material or research assistance. All funds accepted by

13 the Secretary under this subsection (a) shall be credited

14 to funds available for the operation or support of the

15 United States Air Force Historical Research Agency and

16 shall remain available until expended.

17 ‘‘(c) EXCLUSION.—This section shall not apply to

18 records made available to the public under section 552 of

19 title 5.

20 ‘‘(d) DEFINITIONS.—In this section:

21 ‘‘(1) The term ‘United States Air Force Histor22 ical Research Agency’ means the Air Force’s pri23 mary archive for historical records and materials.

24 ‘‘(2) The term ‘public requesters’ means all per25 sons who request historical material or research as26 sistance from the Institute other than persons who
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1 request material or research assistance in their offi2 cial capacity as a member of the armed forces or an

3 officer or employee of the United States, as defined

4 in sections 2104 and 2105 of title 5, United States

5 Code.’’.

6 (f) CLERICAL AMENDMENT.—The table of sections at

7 the beginning of such chapter 937 is amended by adding

8 at the end the following new item:

‘‘9594. United States Air Force Historical Research Agency; retention of fees.’’.

9 (g) COAST GUARD.—Chapter 17 of title 14, United

10 States Code, is amended by inserting after section 664 the

11 following new section:

12 ‘‘§ 664a. Office of the Coast Guard Historian: reten13 tion of fees

14 ‘‘(a) AUTHORITY.—The Secretary of Transportation

15 may charge and retain fees received for providing histor16 ical material or research assistance from the Office of the

17 Historian of the United States Coast Guard to public re18 questers.

19 ‘‘(b) RETENTION OF FEES.—Monies received by the

20 Office of the Coast Guard Historian under subsection (a)

21 shall be retained by the Coast Guard and may only be

22 used to offset the cost of providing historical material or

23 research assistance. All funds accepted by the Secretary

24 under this subsection (a) shall be credited to funds avail25 able for the operation or support of the Office of the Coast
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1 Guard Historian and shall remain available until ex2 pended.

3 ‘‘(c) Exclusion.—This section shall not apply to

4 records made available to the public under section 552 of

5 title 5.

6 ‘‘(d) DEFINITIONS.—In this section:

7 ‘‘(1) The term ‘Office of the Coast Guard His8 torian’ means the Coast Guard’s primary archive for

9 historical records and materials.

10 ‘‘(2) The term ‘public requesters’ means all per11 sons who request historical material or research as12 sistance from the Office of the Coast Guard Histo13 rian other than persons who request material or re14 search assistance in their official capacity as a mem15 ber of the armed forces or an officer or employee of

16 the United States, as defined in sections 2104 and

17 2105 of title 5, United States Code.’’.

18 (h) CLERICAL AMENDMENT.—The table of sections

19 for chapter 17 of such title 14 is amended by inserting

20 after the item relating to section 664 the following new

21 item:

‘‘664a. Office of the Coast Guard Historian: retention of fees.’’.

22 SEC. 1023. COOPERATIVE MILITARY AIRLIFT AGREEMENTS:

23 ALLIED COUNTRIES.

24 Section 2350c of Chapter 138 of title 10, United

25 States Code, is amended—
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1 (1) by striking subsection (d); and

2 (2) by redesignating subsection (e) as sub3 section (d).

4 SEC. 1024. CHEMICAL WEAPONS DESTRUCTION FACILITY IN

5 RUSSIA.

6 Section 1305 of the National Defense Authorization

7 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

8 794) is repealed.

9 TITLE XII—BASE REALIGNMENT

10 AND CLOSURE ACT OF 1999

Sec. 1101. Short title and Purpose.

Sec. 1102. The Commission.

Sec. 1103. Procedure for Making Recommendations for Base Closures and Realignments.

Sec. 1104. Closure and Realignment of Military Installations.

Sec. 1105. Implementation.

Sec. 1106. Account.

Sec. 1107. Reports.

Sec. 1108. Congressional Consideration of Commission Report.

Sec. 1109. Restriction on Other Base Closure Authority.

Sec. 1110. Definitions.

Sec. 1111. Clarifying Amendments.

Sec. 1112. Conforming Amendments.

11 DEFENSE BASE CLOSURE AND

12 REALIGNMENT ACT OF 2000

13 SEC. 1101. SHORT TITLE AND PURPOSE.

14 (a) SHORT TITLE.—This part may be cited as the

15 ‘‘Defense Base Closure and Realignment Act of 2000’’.

16 (b) PURPOSE.—The purpose of this part is to provide

17 a fair process that will result in the timely closure and

18 realignment of military installations inside the United

19 States.
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1 SEC. 1102. THE COMMISSION.

2 (a) ESTABLISHMENT.—There is established an inde3 pendent commission to be known as the ‘‘Defense Base

4 Closure and Realignment Commission’’.

5 (b) DUTIES.—The Commission shall carry out the

6 duties specified for it in this part.

7 (c) APPOINTMENT.—(1)(A) The Commission shall be

8 composed of eight members appointed by the President,

9 by and with the advice and consent of the Senate.

10 (B) The President shall transmit to the Senate the

11 nominations for appointment to the Commission—

12 (i) by no later than January 24, 2003, in the

13 case of members of the Commission whose terms will

14 expire at the end of the first session of the 108th

15 Congress; and

16 (ii) by no later than March 15, 2005, in the

17 case of members of the Commission whose terms will

18 expire at the end of the first session of the 109th

19 Congress;

20 (C) If the President does not transmit to Congress

21 the nominations for appointment to the Commission on

22 or before the date specified for 2005 in clause (ii) of sub23 paragraph (B), the process by which military installations

24 may be selected for closure to realignment under this part

25 with respect to that year shall be terminated.
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1 (2) In selecting individuals for nominations for ap2 pointments to the Commission, the President should con3 sult with—

4 (A) the Speaker of the House of Representa5 tives concerning the appointment of two members;

6 (B) the majority leader of the Senate con7 cerning the appointment of two members;

8 (C) the minority leader of the House of Rep9 resentatives concerning the appointment of one

10 member; and

11 (D) the minority leader of the Senate con12 cerning the appointment of one member.

13 (3) At the time the President nominates individuals

14 for appointment to the Commission for each session of

15 Congress referred to in paragraph (1)(B), the President

16 shall designate one such individual who shall serve as

17 Chairman of the Commission.

18 (d) TERMS.—(1) Except as provided in paragraph

19 (2), each member of the Commission shall serve until the

20 adjournment of Congress sine die for the session during

21 which the member was appointed to the Commission.

22 (2) The Chairman of the Commission shall serve until

23 the confirmation of a successor.

24 (e) MEETINGS.—(1) The Commission shall meet only

25 during calendar years 2003 and 2005.
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1 (2)(A) Each meeting of the Commission, other than

2 meetings in which classified information is to be discussed,

3 shall be open to the public. The Commission shall provide

4 an opportunity for the public to comment, and shall con5 sider any such comments.

6 (B) All the proceedings, information, and delibera7 tions of the Commission shall be open, upon request, to

8 the following:

9 (i) The Chairman and the ranking minority

10 party member of the Subcommittee on Readiness,

11 Sustainability, and Support of the Committee on

12 Armed Services of the Senate, or such other mem13 bers of the Subcommittee designated by such Chair14 man or ranking minority party member.

15 (ii) The Chairman and the ranking minority

16 party member of the Subcommittee on Military In17 stallations and Facilities of the Committee on Na18 tional Security of the House of Representatives, or

19 such other members of the Subcommittee designated

20 by such Chairman or ranking minority party mem21 ber.

22 (iii) The Chairmen and ranking minority party

23 members of the Subcommittee on Military Construc24 tion of the Committees on Appropriations of the

25 Senate and of the House of Representatives, or such
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1 other members of the Subcommittees designated by

2 such Chairmen or ranking minority party members.

3 (f) VACANCIES.—A vacancy in the Commission shall

4 be filled in the same manner as the original appointment,

5 but the individual appointed to fill the vacancy shall serve

6 only for the unexpired portion of the term for which the

7 individual’s predecessor was appointed.

8 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each

9 member, other than the Chairman, shall be paid at a rate

10 equal to the daily equivalent of the minimum annual rate

11 of basic pay payable for level IV of the Executive Schedule

12 under section 5315 of title 5, United States Code, for each

13 day (including travel time) during which the member is

14 engaged in the actual performance of duties vested in the

15 Commission.

16 (B) The Chairman shall be paid for each day referred

17 to in subparagraph (A) at a rate equal to the daily equiva18 lent of the minimum annual rate of basic pay payable for

19 level III of the Executive Schedule under section 5314,

20 of title 5, United States Code.

21 (2) Members shall receive travel expenses, including

22 per diem in lieu of subsistence, in accordance with sections

23 5702 and 5703 of title 5, United States Code.

24 (h) DIRECTOR OF STAFF.—(1) The Commission

25 shall, without regard to section 5311(b) of title 5, United
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1 States Code, appoint a Director who has not served on

2 active duty in the Armed Forces or as a civilian employee

3 of the Department of Defense during the one-year period

4 preceding the date of such appointment.

5 (2) The Director shall be paid at the rate of basic

6 pay payable for level IV of the Executive Schedule under

7 section 5315 of title 5, United States Code.

8 (i) STAFF.—(1) Subject to paragraphs (2) and (3),

9 the Director, with the approval of the Commission, may

10 appoint and fix the pay of additional personnel.

11 (2) The Director may make such appointments with12 out regard to the provisions of title 5, United States Code,

13 governing appointments in the competitive service, and

14 any personnel so appointed may be paid without regard

15 to the provisions of chapter 51 and subchapter III of chap16 ter 53 of that title relating to classification and General

17 Schedule pay rates, except that an individual so appointed

18 may not receive pay in excess of the annual rate of basic

19 pay payable for senior-level positions of the civil service

20 as described in section 5376 of title 5, United States Code.

21 (3)(A) Not more than one-third of the personnel em22 ployed by or detailed to the Commission may be on detail

23 from the Department of Defense.
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1 (B)(i) Not more than one-fifth of the professional an2 alysts of the Commission staff may be persons detailed

3 from the Department of Defense to the Commission.

4 (ii) No person detailed from the Department of De5 fense to the Commission may be assigned as the lead pro6 fessional analyst with respect to a military department or

7 defense agency.

8 (C) A person may not be detailed from the Depart9 ment of Defense to the Commission if, within 12 months

10 before the detail is to begin, that person participated per11 sonally and substantially in any matter within the Depart12 ment of Defense concerning the preparation of rec13 ommendations for closures or realignments of military in14 stallations.

15 (D) No member of the Armed Forces, and no officer

16 or employee of the Department of Defense, may—

17 (i) prepare any report concerning the effective18 ness, fitness, or efficiency of the performance on the

19 staff of the Commission of any person detailed from

20 the Department of Defense to that staff;

21 (ii) review of the preparation of such a report;

22 or

23 (iii) approve or disapprove such a report.

24 (4) Upon request of the Director, the head of any

25 Federal department or agency may detail any of the per-
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1 sonnel of that department or agency to the Commission

2 to assist the Commission in carrying out its duties under

3 this part.

4 (5) The Comptroller General of the United States

5 shall provide assistance, including the detailing of employ6 ees, to the Commission in accordance with an agreement

7 entered into with the Commission.

8 (6) The following restrictions relating to the per9 sonnel of the Commission shall apply during 2004:

10 (A) There may not be more than 15 persons on

11 the staff at any one time.

12 (B) The staff may perform only such functions

13 as are necessary to prepare for the transition to new

14 membership on the Commission in the following

15 year.

16 (C) No member of the Armed Forces and no

17 employee of the Department of Defense may serve

18 on the staff.

19 (j) OTHER AUTHORITY.—(1) The Commission may

20 procure by contract, to the extent funds are available, the

21 temporary or intermittent services of experts or consult22 ants pursuant to section 3109 of title 5, United States

23 Code.

24 (2) The Commission may lease space and acquire per25 sonal property to the extent funds are available.
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1 (k) FUNDING.—(1) There are authorized to be appro2 priated to the Commission such funds as are necessary

3 to carry out its duties under this part. Such funds shall

4 remain available until expended.

5 (2) If no funds are appropriated to the Commission

6 by the 107th Congress, the Secretary of Defense may

7 transfer to the Commission funds from the Department

8 of Defense Base Closure Account established by section

9 2906 of Public Law 101–510. Such funds shall remain

10 available until expended.

11 (l) TERMINATION.—The Commission shall terminate

12 on December 31, 2005.

13 (m) PROHIBITION AGAINST RESTRICTING COMMU14 NICATIONS.—Section 1034 of title 10, United States

15 Code, shall apply with respect to communications with the

16 Commission.

17 SEC. 1103. PROCEDURE FOR MAKING RECOMMENDATIONS

18 FOR BASE CLOSURES AND REALIGNMENTS.

19 (a) FORCE-STRUCTURE PLAN.—(1) As part of the

20 budget justification documents submitted to Congress in

21 support of the budget for the Department of Defense for

22 each of the fiscal years 2004 and 2006, the Secretary shall

23 include a force-structure plan for the Armed Forces based

24 on an assessment by the Secretary of the probable threats

25 to the national security during the six-year period begin-
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1 ning with the fiscal year for which the budget request is

2 made and of the anticipated levels of funding that will be

3 available for national defense purposes during such period.

4 (2) Such plan shall include, without any reference (di5 rectly or indirectly) to military installations inside the

6 United States that may be closed or realigned under such

7 plan—

8 (A) a description of the assessment referred to

9 in paragraph (1);

10 (B) a description (i) of the anticipated force

11 structure during and at the end of such period for

12 each military department (with specifications of the

13 number and type of units in the active and reserve

14 forces of each such department), and (ii) of the

15 units that will need to be forward based (with a jus16 tification thereof) during and at the end of each

17 such period; and

18 (C) a description of the anticipated implementa19 tion of such force-structure plan.

20 (3) The Secretary shall also transmit a copy of each

21 such force-structure plan to the Commission.

22 (b) SELECTION CRITERIA.—(1) The Secretary shall,

23 by no later than December 31, 2001, publish in the Fed24 eral Register and transmit to the congressional defense

25 committees the criteria proposed to be used by the Depart-
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1 ment of Defense in making recommendations for the clo2 sure or realignment of military installations inside the

3 United States under this part. The Secretary shall provide

4 an opportunity for public comment on the proposed cri5 teria for a period of at least 30 days and shall include

6 notice of that opportunity in the publication required

7 under the preceding sentence.

8 (2)(A) The Secretary shall, by no later than February

9 15, 2002, publish in the Federal Register and transmit

10 to the congressional defense committees the final criteria

11 to be used in making recommendations for the closure or

12 realignment of military installations inside the United

13 States under this part. Except as provided in subpara14 graph (B), such criteria shall be the final criteria to be

15 used, making such recommendations unless disapproved

16 by a joint resolution of Congress enacted on or before

17 March 31, 2002.

18 (B) the Secretary may amend such criteria, but such

19 amendments may not become effective until they have

20 been published in the Federal Register, opened to public

21 comment for at least 30 days, and then transmitted to

22 the congressional defense committees in final form by no

23 later than January 15 of the years concerned. Such

24 amended criteria shall be the final criteria to be used,

25 along with the force-structure plan referred to in sub-
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1 section (a), in making such recommendations unless dis2 approved by a joint resolution of Congress enacted on or

3 before February 15 of the year concerned.

4 (c) SECRETARY OF DEFENSE RECOMMENDATIONS.—

5 (1) The Secretary may, by no later than March 14, 2003,

6 and May 16, 2005, publish in the Federal Register and

7 transmit to the congressional defense committees and to

8 the Commission a list of the military installations inside

9 the United States that the Secretary recommends for clo10 sure or realignment on the basis of the force-structure

11 plan and the final criteria referred to in subsection (b)

12 that are applicable to the year concerned.

13 (2) The Secretary shall include, with the list of rec14 ommendations published and transmitted pursuant to

15 paragraph (1), a summary of the selection process that

16 resulted in the recommendation for each installation, in17 cluding a justification for each recommendation and an

18 evaluation discussing each of the final selection criteria es19 tablished pursuant to section 03(b). The Secretary shall

20 transmit the matters referred to in the preceding sentence

21 not later than 7 days after the date of the transmittal

22 to the congressional defense committees and the Commis23 sion of the list referred to in paragraph (1).

24 (3)(A) In considering military installations for clo25 sure or realignment, the Secretary shall consider all mili-
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1 tary installations inside the United States equally without

2 regard to whether the installation has been previously con3 sidered or proposed for closure or realignment by the De4 partment.

5 (B) In considering military installations for closure

6 or realignment, the Secretary may not take into account

7 for any purpose any advance conversion planning under8 taken by an affected community with respect to the antici9 pated closure or realignment of an installation.

10 (C) For purposes of subparagraph (B), in the case

11 of a community anticipating the economic effects of a clo12 sure or realignment of a military installation, advance con13 version planning—

14 (i) shall include community adjustment and eco15 nomic diversification planning undertaken by the

16 community before an anticipated selection of a mili17 tary installation in or near the community for clo18 sure or realignment; and

19 (ii) may include the development of contingency

20 redevelopment plans, plans for economic develop21 ment and diversification, and plans for the joint use

22 (including civilian and military use, public and pri23 vate use, civilian dual use, and civilian shared use)

24 of the property or facilities of the installation after

25 the anticipated closure or realignment.
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1 (4) In addition to making all information used by the

2 Secretary to prepare the recommendations under this sub3 section available to Congress (including any committee or

4 member of Congress), the Secretary shall also make such

5 information available to the Commission and the Comp6 troller General of the United States.

7 (5)(A) Each person referred to in subparagraph (B),

8 when submitting information to the Secretary of Defense

9 or the Commission concerning the closure or realignment

10 of a military installation, shall certify that such informa11 tion is accurate and complete to the best of that person’s

12 knowledge and belief.

13 (B) Subparagraph (A) applies to the following per14 sons:

15 (i) The Secretaries of the military departments.

16 (ii) The heads of the Defense Agencies.

17 (iii) Each person who is in a position the duties

18 of which include personal and substantial involve19 ment in the preparation and submission of informa20 tion and recommendations concerning the closure or

21 realignment of military installations, as designated

22 in regulations which the Secretary of Defense shall

23 prescribe, regulations which the Secretary of each

24 military department shall prescribe for personnel

25 within that military department, or regulations
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1 which the head of each Defense Agency shall pre2 scribe for personnel within that Defense Agency.

3 (6) Any information provided to the Commission by

4 a person described in paragraph (5)(B) shall also be sub5 mitted to the Senate and the House of Representatives

6 to be made available to the Members of the House con7 cerned in accordance with the rules of that House. The

8 information shall be submitted to the Senate and House

9 of Representatives within 48 hours after the submission

10 of the information to the Commission.

11 (d) REVIEW AND RECOMMENDATIONS BY THE COM12 MISSION.—(1) After receiving the recommendations from

13 the Secretary pursuant to subsection (c) for any year, the

14 Commission shall conduct public hearings on the rec15 ommendations. All testimony before the Commission at a

16 public hearing conducted under this paragraph shall be

17 presented under oath.

18 (2)(A) The Commission shall, by no later than July

19 7, 2003, and September 8, 2005, if the Secretary trans20 mits recommendations to it pursuant to subsection (c),

21 transmit to the President a report containing the Commis22 sion’s findings and conclusions based on a review and

23 analysis of the recommendations made by the Secretary,

24 together with the Commission’s recommendations for clo-
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1 sures and realignments of military installations inside the

2 United States.

3 (B) subject to subparagraph (C), in making its rec4 ommendations, the Commission may make changes in any

5 of the recommendations made by the Secretary if the

6 Commission determines that the Secretary deviated sub7 stantially from the force-structure plan and final criteria

8 referred to in subsection (c)(1) in making recommenda9 tions.

10 (C) In the case of a change described in subpara11 graph (D) in the recommendations made by the Secretary,

12 the Commission may make the change only if the

13 Commission—

14 (i) makes the determination required by sub15 paragraph (B);

16 (ii) determines that the change is consistent

17 with the force-structure plan and final criteria re18 ferred to in subsection (c)(1);

19 (iii) publishes a notice of the proposed change

20 in the Federal Register not less than 45 days before

21 transmitting its recommendations to the President

22 pursuant to paragraph (2); and

23 (iv) conducts public hearings on the proposed

24 change.
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1 (D) Subparagraph (C) shall apply to a change by the

2 Commission in the Secretary’s recommendations that

3 would—

4 (i) add a military installation to the list of mili5 tary installations recommended by the Secretary for

6 closure;

7 (ii) add a military installation to the list of mili8 tary installations recommended by the Secretary for

9 realignment; or

10 (iii) increase the extent of a realignment of a

11 particular military installation recommended by the

12 Secretary.

13 (E) In making recommendations under this para14 graph, the Commission may not take into account for any

15 purpose any advance conversion planning undertaken by

16 an affected community with respect to the anticipated clo17 sure or realignment of a military installation.

18 (3) The Commission shall explain and justify in its

19 report submitted to the President pursuant to paragraph

20 (2) any recommendation made by the Commission that is

21 different from the recommendations made by the Sec22 retary pursuant to subsection (c). The Commission shall

23 transmit a copy of such report to the congressional defense

24 committees on the same date on which it transmits its rec25 ommendations to the President under paragraph (2).
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1 (4) After July 7, 2003 and September 8, 2005, if

2 the Commission transmits recommendations to the Presi3 dent under this subsection, the Commission shall promptly

4 provide, upon request, to any Member of Congress infor5 mation used by the Commission in making its rec6 ommendations.

7 (5) The Comptroller General of the United States

8 shall—

9 (A) assist the Commission, to the extent re10 quested, in the Commission’s review and analysis of

11 the recommendations made by the Secretary pursu12 ant to subsection (C); and

13 (B) by no later than April 15, 2003 and June

14 17, 2005, if the Secretary makes such recommenda15 tions, transmit to the Congress and to the Commis16 sion a report containing a detailed analysis of the

17 Secretary’s recommendations and selection process.

18 (e) REVIEW BY THE PRESIDENT.—(1) The President

19 shall, by no later than July 22, 2003, and September 23,

20 2005, if the Commission makes recommendations under

21 subsection (d), transmit to the Commission and to the

22 Congress a report containing the President’s approval or

23 disapproval of the Commission’s recommendations.

24 (2) If the President approves all the recommenda25 tions of the Commission, the President shall transmit a
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1 copy of such recommendations to the Congress, together

2 with a certification of such approval.

3 (3) If the President disapproves the recommendations

4 of the Commission, in whole or in part, the President shall

5 transmit to the Commission and the Congress the reasons

6 for that disapproval. The Commission shall then transmit

7 to the President, by no later than August 18, 2003, and

8 October 20, 2005, a revised list of recommendations for

9 the closure and realignment of military installations.

10 (4) If the President approves all of the revised rec11 ommendations of the Commission transmitted to the

12 President under paragraph (3), the President shall trans13 mit a copy of such revised recommendations to the Con14 gress, together with a certification of such approval.

15 (5) If the President does not transmit to the Con16 gress an approval and certification described in paragraph

17 (2) or (4) by September 3, 2003, and November 7, 2005,

18 if the Commission has transmitted recommendations to

19 the President under this part, the process by which mili20 tary installations may be selected for closure or realign21 ment under this part with respect to that year shall be

22 terminated.
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1 SEC. 1104. CLOSURE AND REALIGNMENT OF MILITARY IN2 STALLATIONS.

3 (a) IN GENERAL.—Subject to subsection (b), the Sec4 retary shall—

5 (1) close all military installations recommended

6 for closure by the Commission in each report trans7 mitted to the Congress by the President pursuant to

8 section 03(e);

9 (2) realign all military installations rec10 ommended for realignment by such Commission in

11 each such report;

12 (3) initiate all such closures and realignments

13 no later than two years after the date on which the

14 President transmits a report to the Congress pursu15 ant to section 03(e) containing the recommendations

16 for such closures or realignments; and

17 (4) complete all such closures and realignments

18 no later than the end of the six-year period begin19 ning on the date on which the President transmits

20 the report pursuant to section 03(e) containing the

21 recommendations for such closures or realignments.

22 (b) CONGRESSIONAL DISAPPROVAL.—(1) The Sec23 retary may not carry out any closure or realignment rec24 ommended by the Commission in a report transmitted

25 from the President pursuant to section 03(e) if a joint

26 resolution is enacted, in accordance with the provisions of
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1 section 08, disapproving such recommendations of the

2 Commission before the earlier of—

3 (A) the end of the 45-day period beginning on

4 the date on which the President transmits such re5 port; or

6 (B) the adjournment of Congress sine die for

7 the session during which such report is transmitted.

8 (2) For purposes of paragraph (1) of this subsection

9 and subsections (a) and (c) of section 08, the days on

10 which either House of Congress is not in session because

11 of adjournment of more than three days to a day certain

12 shall be excluded in the computation of a period.

13 SEC. 1105. IMPLEMENTATION.

14 (a) IN GENERAL.—(1) In closing or realigning any

15 military installation under this part, the Secretary may—

16 (A) take such actions as may be necessary to

17 close or realign any military installation, including

18 the acquisition of such land, the construction of such

19 replacement facilities, the performance of such ac20 tivities, and the conduct of such advance planning

21 and design as may be required to transfer functions

22 from a military installation being closed or realigned

23 to another military installation, and may use for

24 such purpose funds in the Account or funds appro25 priated to the Department of Defense for use in
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1 planning and design, minor construction, or oper2 ation and maintenance;

3 (B) provide—

4 (i) economic adjustment assistance to any

5 community located near a military installation

6 being closed or realigned, and

7 (ii) community planning assistance to any

8 community located near a military installation

9 to which functions will be transferred as a re10 sult of the closure or realignment of a military

11 installation,

12 if the Secretary of Defense determines that the fi13 nancial resources available to the community (by

14 grant or otherwise) for such purposes are inad15 equate, and may use for such purposes funds in the

16 Account or funds appropriated to the Department of

17 Defense for economic adjustment assistance or com18 munity planning assistance;

19 (C) carry out activities for the purposes of envi20 ronmental restoration and mitigation at any such in21 stallation, and shall use for such purpose funds in

22 the Account.

23 (D) provide outplacement assistance to civilian

24 employees employed by the Department of Defense

25 at military installations being closed or realigned,
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1 and may use for such purpose funds in the Account

2 or funds appropriated to the Department of Defense

3 for outplacement assistance to employees; and

4 (E) reimburse other Federal agencies for ac5 tions performed at the request of the Secretary with

6 respect to any such closure or realignment, and may

7 use for such purpose funds in the Account or funds

8 appropriated to the Department of Defense and

9 available for such purpose.

10 (2) In carrying out any closure or realignment under

11 this part, the Secretary shall ensure that environmental

12 restoration of any property made excess to the needs of

13 the Department of Defense as a result of such closure or

14 realignment be carried out as soon as possible with funds

15 available for such purpose.

16 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.—

17 (1) The Administrator of General Services shall delegate

18 to the Secretary of Defense, with respect to excess and

19 surplus real property, facilities, and personal property lo20 cated at a military installation closed or realigned under

21 this part—

22 (A) the authority of the Administrator to utilize

23 excess property under section 202 of the Federal

24 Property and Administrative Services Act of 1949

25 (40 U.S.C. 483);
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1 (B) the authority of the Administrator to dis2 pose of surplus property under section 203 of that

3 Act (40 U.S.C. 484);

4 (C) the authority to dispose of surplus property

5 for public airports under sections 47151 through

6 47153 of title 49, United States Code; and

7 (D) the authority of the Administrator to deter8 mine the availability of excess or surplus real prop9 erty for wildlife conservation purposes in accordance

10 with the Act of May 19, 1948 (16 U.S.C. 667b).

11 (2)(A) Subject to subparagraph (B) and paragraphs

12 (3), (4), (5), and (6), the Secretary of Defense shall exer13 cise the authority delegated to the Secretary pursuant to

14 paragraph (1) in accordance with—

15 (i) all regulations governing the utilization of

16 excess property and the disposal of surplus property

17 under the Federal Property and Administrative

18 Services Act of 1949; and

19 (ii) all regulations governing the conveyance

20 and disposal of property under section 13(g) of the

21 Surplus Property Act of 1944 (50 U.S.C. App.

22 1622(g)).

23 (B) The Secretary may, with the concurrence of the

24 administrator of General Services—
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1 (i) prescribe general policies and methods for

2 utilizing excess property and disposing of surplus

3 property pursuant to the authority delegated under

4 paragraph (1); and

5 (ii) issue regulations relating to such policies

6 and methods, which shall supersede the regulations

7 referred to in subparagraph (A) with respect to that

8 authority.

9 (C) The Secretary of Defense may transfer real prop10 erty or facilities located at a military installation to be

11 closed or realigned under this part, with or without reim12 bursement, to a military department or other entity (in13 cluding a nonappropriated fund instrumentality) within

14 the Department of Defense or the Coast Guard.

15 (D) Before any action may be taken with respect to

16 the disposal of any surplus real property or facility located

17 at any military installation to be closed or realigned under

18 this part, the Secretary of Defense shall consult with the

19 governor of the State and the heads of the local govern20 ments concerned for the purpose of considering any plan

21 for the use of such property by the local community con22 cerned.

23 (3)(A) Not later than 6 months after the date of ap24 proval of the closure or realignment of a military installa25 tion under this part, the Secretary, in consultation with
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1 the redevelopment authority with respect to the installa2 tion, shall—

3 (i) inventory Department of Defense personal

4 property located at the installation; and

5 (ii) identify the items (or categories of items) of

6 such Department of Defense personal property that

7 the Secretary determines to be related to real prop8 erty and anticipates will support the implementation

9 of the redevelopment plan with respect to the instal10 lation.

11 (B) If no redevelopment authority referred to in sub12 paragraph (a) exists with respect to an installation, the

13 Secretary shall consult with—

14 (i) the local government in whose jurisdiction

15 the installation is wholly located; or

16 (ii) a local government agency or State govern17 ment agency designated for the purpose of such con18 sultation by the chief executive officer of the State

19 in which the installation is located.

20 (C)(i) Except as provided in subparagraphs (E) and

21 (F), the Secretary may not carry out any of the activities

22 referred to in clause (ii) with respect to an installation

23 referred to in that clause until the earlier of—
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1 (I) one week after the date on which the rede2 velopment plan for the installation is submitted to

3 the Secretary;

4 (II) the date on which the redevelopment au5 thority notifies the Secretary that it will not submit

6 such a plan;

7 (III) twenty-four months after the date of ap8 proval of the closure or realignment of the installa9 tion; or

10 (IV) ninety days before the date of the closure

11 or realignment of the installation.

12 (ii) The activities referred to in clause (i) are activi13 ties relating to the closure or realignment of an installa14 tion to be closed or realigned under this part as follows:

15 (I) The transfer from the installation of items

16 of Department of Defense personal property at the

17 installation identified in accordance with subpara18 graph (A).

19 (II) The reduction in maintenance and repair of

20 facilities or equipment located at the installation

21 below the minimum levels required to support the

22 use of such facilities or equipment for nonmilitary

23 purposes.

24 (D) Except as provided in paragraph (4), the Sec25 retary may not transfer items of Department of Defense
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1 personal property located at an installation to be closed

2 or realigned under this part to another installation, or dis3 pose of such items, if such items are identified in the rede4 velopment plan for the installation as items essential to

5 the reuse or redevelopment of the installation. In connec6 tion with the development of the redevelopment plan for

7 the installation, the Secretary shall consult with the entity

8 responsible for developing the redevelopment plan to iden9 tify the items of personal property located at the installa10 tion, if any, that the entity desires to be retained at the

11 installation for reuse or redevelopment of the installation.

12 (E) This paragraph shall not apply to any Depart13 ment of Defense personal property located at an installa14 tion to be closed or realigned under this part if the

15 property—

16 (i) is required for the operation of a unit, func17 tion, component, weapon, or weapons system at an18 other installation;

19 (ii) is uniquely military in character, and is

20 likely to have no civilian use (other than use for its

21 material content or as a source of commonly used

22 components);

23 (iii) is not required for the reutilization or rede24 velopment of the installation (as jointly determined

25 by the Secretary and the redevelopment authority);
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1 (iv) is stored at the installation for purposes of

2 distribution (including spare parts or stock items);

3 or

4 (v)(I) meets known requirements of an author5 ized program of another Federal department or

6 agency for which expenditures for similar property

7 would be necessary, and

8 (II) is the subject of a written request by the

9 head of the department or agency.

10 (F) Notwithstanding subparagraphs (C)(i) and (D),

11 the Secretary may carry out any activity referred to in

12 subparagraph (C)(ii) or (D) of the Secretary determines

13 that the carrying out of such activity is in the national

14 security interest of the United States.

15 (4)(A) The Secretary may transfer real property and

16 Department of Defense personal property located at a

17 military installation to be closed or realigned under this

18 part to the redevelopment authority with respect to the

19 installation for purposes of job generation on the installa20 tion.

21 (B) For purposes of job generation on a military in22 stallation, the transfer of property of a military installa23 tion under subparagraph (A) shall be without consider24 ation if the redevelopment authority with respect to the

25 installation—
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1 (i) agrees that the proceeds from any sale or

2 lease of the property (or any portion thereof) re3 ceived by the redevelopment authority during at

4 least the first seven years after the date of the

5 transfer under subparagraph (A) shall be used to

6 support the economic redevelopment of, or related

7 to, the installation; and

8 (ii) executes the agreement for transfer of the

9 property and accepts control of the property within

10 a reasonable time after the date of the property dis11 posal record of decision or finding of no significant

12 impact under the National Environmental Policy Act

13 of 1969 (42 U.S.C. 4321 et seq.).

14 (C) For purposes of subparagraph (B), the use of

15 proceeds from a sale or lease described in such subpara16 graph to pay for, or offset the costs of, public investment

17 on or related to the installation for any of the following

18 purposes shall be considered a use to support the economic

19 redevelopment of, or related to, the installation:

20 (i) Road construction.

21 (ii) Transportation management facilities.

22 (iii) Storm and sanitary sewer construction.

23 (iv) Police and fire protection facilities and

24 other public facilities.

25 (v) Utility construction.
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1 (vi) Building rehabilitation.

2 (vii) Historic property preservation.

3 (viii) Pollution prevention equipment or facili4 ties.

5 (ix) Demolition.

6 (x) Disposal of hazardous materials generated

7 by demolition.

8 (xi) Landscaping, grading, and other site or

9 public improvements.

10 (xii) Planning for or the marketing of the devel11 opment and reuse of the installation.

12 (D) The Secretary may recoup from a redevelopment

13 authority such portion of the proceeds from a sale or lease

14 described in subparagraph (B) as the Secretary deter15 mines appropriate if the redevelopment authority does not

16 use the proceeds to support economic redevelopment of,

17 or related to, the installation for the period specified in

18 subparagraph (B).

19 (E)(i) The Secretary may transfer real property at

20 an installation approved for closure or realignment under

21 this part (including property at an installation approved

22 for realignment which will be retained by the Department

23 of Defense or another Federal agency after realignment)

24 to the redevelopment authority for the installation if the

25 redevelopment authority agrees to lease, directly upon
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1 transfer, one or more portions of the property transferred

2 under this subparagraph to the Secretary or to the head

3 of another department or agency of the Federal Govern4 ment. Subparagraph (B) shall apply to a transfer under

5 this subparagraph.

6 (ii) A lease under clause (i) shall be for a term of

7 not to exeed 50 years, but may provide for options for

8 renewal or extension of the term by the department or

9 agency concerned.

10 (iii) A lease under clause (i) may not require rental

11 payments by the United States.

12 (iv) A lease under clause (i) shall include a provision

13 specifying that if the department or agency concerned

14 ceases requiring the use of the leased property before the

15 expiration of the term of the lease, the remainder of the

16 lease term may be satisfied by the same or another depart17 ment or agency of the Federal Government using the prop18 erty for a use similar to the use under the lease. Exercise

19 of the authority provided by this clause shall be made in

20 consultation with the redevelopment authority concerned.

21 (F) The transfer of personal property under

22 subparagraph (A) shall not be subject to the provi23 sions of sections 202 and 203 of the Federal Prop24 erty and Administrative Services Act of 1949 (40

25 U.S.C. 483, 484) if the Secretary determines that
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1 the transfer of such property is necessary for the ef2 fective implementation of a redevelopment plan with

3 respect to the installation at which such property is

4 located.

5 (G) The provisions of section 120(h) of the Com6 prehensive Environmental Response, Compensation, and

7 Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to

8 any transfer of real property under this paragraph.

9 (H) The Secretary may require any additional terms

10 and conditions in connection with a transfer under this

11 paragraph as such Secretary considers appropriate to pro12 tect the interests of the United States.

13 (5)(A) Except as provided in subparagraph (b), the

14 Secretary shall take such actions as the Secretary deter15 mines necessary to ensure that final determinations under

16 paragraph (1) regarding whether another department or

17 agency of the Federal Government has identified a use for

18 any portion of a military installation to be closed or re19 aligned under this part, or will accept transfer of any por20 tion of such installation, are made not later than 6 months

21 after the date of approval of closure or realignment of that

22 installation.

23 (B) The Secretary may, in consultation with the rede24 velopment authority with respect to an installation, post25 pone making the final determinations referred to in sub-
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1 paragraph (A) with respect to the installation for such pe2 riod as the Secretary determines appropriate if the Sec3 retary determines that such postponement is in the best

4 interests of the communities affected by the closure or re5 alignment of the installation.

6 (6)(A) The disposal of buildings and property located

7 at installations approved for closure or realignment under

8 this part shall be carried out in accordance with this para9 graph.

10 (B)(i) Not later than the date on which the Secretary

11 of Defense completes the final determinations referred to

12 in paragraph (5) relating to the use or transferability of

13 any portion of an installation covered by this paragraph,

14 the Secretary shall—

15 (I) identify the buildings and property at the

16 installation for which the Department of Defense

17 has a use, for which another department or agency

18 of the Federal Government has identified a use, or

19 of which another department or agency will accept

20 a transfer;

21 (II) take such actions as are necessary to iden22 tify any building or property at the installation not

23 identified under subclause (I) that is excess property

24 or surplus property;
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1 (III) submit to the Secretary of Housing and

2 Urban Development and to the redevelopment au3 thority for the installation (or the chief executive of4 ficer of the State in which the installation is located

5 if there is no redevelopment authority for the instal6 lation at the completion of the determination de7 scribed in the stem of this sentence) information on

8 any building or property that is identified under sub9 clause (II); and

10 (IV) publish in the Federal Register and in a

11 newspaper of general circulation in the communities

12 in the vicinity of the installation information on the

13 buildings and property identified under subclause

14 (II).

15 (ii) Upon the recommendation of a redevelopment au16 thority for an installation covered by this paragraph, the

17 Secretary of Defense shall publish in the Federal Register

18 and in a newspaper of general circulation in the commu19 nities in the vicinity of the installation information on the

20 redevelopment authority.

21 (C)(i) State and local governments, representatives of

22 the homeless, and other interested parties located in the

23 communities in the vicinity of an installation covered by

24 this paragraph shall submit to the redevelopment author25 ity for the installation a notice of the interest, if any, of
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1 such governments, representatives, and parties in the

2 buildings or property, or any portion thereof, at the instal3 lation that are identified under subparagraph (B)(i)(II).

4 A notice of interest under this clause shall describe the

5 need of the government, representative, or party concerned

6 for the buildings or property covered by the notice.

7 (ii) The redevelopment authority for an installation

8 shall assist the governments, representatives, and parties

9 referred to in clause (i) in evaluating buildings and prop10 erty at the installation for purposes of this subparagraph.

11 (iii) In providing assistance under clause (ii), a rede12 velopment authority shall—

13 (I) consult with representatives of the homeless

14 in the communities in the vicinity of the installation

15 concerned; and

16 (II) undertake outreach efforts to provide infor17 mation on the buildings and property to representa18 tives of the homeless, and to other persons or enti19 ties interested in assisting the homeless, in such

20 communities.

21 (iv) It is the sense of Congress that redevelopment

22 authorities should begin to conduct outreach efforts under

23 clause (iii)(II) with respect to an installation as soon as

24 is practicable after the date of approval of closure or re25 alignment of the installation.
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1 (D)(i) State and local governments, representatives

2 of the homeless, and other interested parties shall submit

3 a notice of interest to a redevelopment authority under

4 subparagraph (C) not later than the date specified for

5 such notice by the redevelopment authority.

6 (ii) The date specified under clause (i) shall be—

7 (I) in the case of an installation for which a re8 development authority has been recognized as of the

9 date of the completion of the determinations referred

10 to in paragraph (5), not earlier than 3 months and

11 not later than 6 months after the date of publication

12 of such determination in a newspaper of general cir13 culation in the communities in the vicinity of the in14 stallation, as required by section 05(b)(6)(D)(iii)(I);

15 and

16 (II) in the case of an installation for which a

17 redevelopment authority is not recognized as of such

18 date, not earlier than 3 months and not later than

19 6 months after the date of the recognition of a rede20 velopment authority for the installation.

21 (iii) Upon specifying a date for an installation under

22 this subparagraph, the redevelopment authority for the in23 stallation shall—

24 (I) publish the date specified and other require25 ments of purposes of submitting notices of interest
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1 in a newspaper of general circulation in the commu2 nities in the vicinity of the installation concerned;

3 and

4 (II) notify the Secretary of Defense of the date.

5 (E)(i) In submitting to a redevelopment authority

6 under subparagraph (C) a notice of interest in the use

7 of buildings or property at an installation to assist the

8 homeless, a representative of the homeless shall submit the

9 following:

10 (I) A description of the homeless assistance

11 program that the representative proposes to carry

12 out at the installation.

13 (II) An assessment of the need for the program.

14 (III) A description of the extent to which the

15 program is or will be coordinated with other home16 less assistance programs in the communities in the

17 vicinity of the installation.

18 (IV) A description of the buildings and property

19 at the installation that are necessary in order to

20 carry out the program.

21 (V) A description of the financial plan, the or22 ganization, and the organizational capacity of the

23 representative to carry out the program.

24 (VI) An assessment of the time required in

25 order to commence carrying out the program.
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1 (ii) A redevelopment authority may not release to the

2 public any information submitted to the redevelopment au3 thority under clause (i)(V) without the consent of the rep4 resentative of the homeless concerned unless such release

5 is authorized under Federal law and under the law of the

6 State and communities in which the installation concerned

7 is located.

8 (F)(i) The redevelopment authority for each installa9 tion covered by this paragraph shall prepare a redevelop10 ment plan for the installation. The redevelopment author11 ity shall, in preparing the plan, consider the interests in

12 the use to assist the homeless of the buildings and prop13 erty at the installation that are expressed in the notices

14 submitted to the redevelopment authority under subpara15 graph (C).

16 (ii)(I) In connection with a redevelopment plan for

17 an installation, a redevelopment authority and representa18 tives of the homeless shall prepare legally binding agree19 ments that provide for the use to assist the homeless of

20 buildings and property, resources, and assistance on or off

21 the installation. The implementation of such agreements

22 shall be contingent upon the decision regarding the dis23 posal of the buildings and property covered by the agree24 ments by the Secretary of Defense under subparagraph

25 (K) or (L).
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1 (II) Agreements under this clause shall provide for

2 the reversion to the redevelopment authority concerned, or

3 to such other entity or entities as the agreements shall

4 provide, of buildings and property that are made available

5 under this paragraph for use to assist the homeless in the

6 event that such buildings and property cease being used

7 for that purpose.

8 (iii) A redevelopment authority shall provide oppor9 tunity for public comment on a redevelopment plan before

10 submission of the plan to the Secretary of Defense and

11 the Secretary of Housing and Urban Development under

12 subparagraph (G).

13 (iv) A redevelopment authority shall complete prepa14 ration of a redevelopment plan for an installation and sub15 mit the plan under subparagraph (G) not later than 9

16 months after the date specified by the redevelopment au17 thority for the installation under subparagraph (D).

18 (G)(i) Upon completion of a redevelopment plan

19 under subparagraph (F), a redevelopment authority shall

20 submit an application containing the plan to the Secretary

21 of Defense and to the Secretary of Housing and Urban

22 Development.

23 (ii) A redevelopment authority shall include in an ap24 plication under clause (i) the following:
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1 (I) A copy of the redevelopment plan, including

2 a summary of any public comments on the plan re3 ceived by the redevelopment authority under sub4 paragraph (F)(iii).

5 (II) A copy of each notice of interest of use of

6 buildings and property to assist the homeless that

7 was submitted to the redevelopment authority under

8 subparagraph (C), together with a description of the

9 manner, if any, in which the plan addresses the in10 terest expressed in each such notice and, if the plan

11 does not address such an interest, an explanation

12 why the plan does not address the interest.

13 (III) A summary of the outreach undertaken by

14 the redevelopment authority under subparagraph

15 (C)(iii)(II) in preparing the plan.

16 (IV) A statement identifying the representatives

17 of the homeless and the homeless assistance plan18 ning boards, if any, with which the redevelopment

19 authority consulted in preparing the plan, and the

20 results of such consultations.

21 (V) An assessment of the manner in which the

22 redevelopment plan balances the expressed needs of

23 the homeless and the need of the communities in the

24 vicinity of the installation for economic redevelop25 ment and other development.
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1 (VI) Copies of the agreements that the redevel2 opment authority proposes to enter into under sub3 paragraph (F)(ii).

4 (H)(i) Not later than 60 days after receiving a rede5 velopment plan under subparagraph (G), the Secretary of

6 Housing and Urban Development shall complete a review

7 of the plan. The purpose of the review is to determine

8 whether the plan, with respect to the interest and requests

9 of representatives of the homeless—

10 (I) takes into consideration the size and nature

11 of the homeless population in the communities in the

12 vicinity of the installation, the availability of existing

13 services in such communities to meet the needs of

14 the homeless in such communities, and the suit15 ability of the buildings and property covered by the

16 plan for the use and needs of the homeless in such

17 communities;

18 (II) takes into consideration any economic im19 pact of the homeless assistance under the plan on

20 the communities in the vicinity of the installation;

21 (III) balances in an appropriate manner the

22 needs of the communities in the vicinity of the in23 stallation for economic redevelopment and other de24 velopment with the needs of the homeless in such

25 communities;
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1 (IV) was developed in consultation with rep2 resentatives of the homeless and the homeless assist3 ance planning boards, if any, in the communities in

4 the vicinity of the installation; and

5 (V) specifies the manner in which buildings and

6 property, resources, and assistance on or off the in7 stallation will be made available for homeless assist8 ance purposes.

9 (ii) It is the sense of Congress that the Secretary of

10 Housing and Urban Development shall, in completing the

11 review of a plan under this subparagraph, take into con12 sideration and be receptive to the predominant views on

13 the plan of the communities in the vicinity of the installa14 tion covered by the plan.

15 (iii) The Secretary of Housing and Urban Develop16 ment may engage in negotiations and consultations with

17 a redevelopment authority before or during the course of

18 a review under clause (i) with a view toward resolving any

19 preliminary determination of the Secretary that a redevel20 opment plan does not meet a requirement set forth in that

21 clause. The redevelopment authority may modify the rede22 velopment plan as a result of such negotiations and con23 sultations.

24 (iv) Upon completion of a review of a redevelopment

25 plan under clause (i), the Secretary of Housing and Urban
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1 Development shall notify the Secretary of Defense and the

2 redevelopment authority concerned of the determination of

3 the Secretary of Housing and Urban Development under

4 that clause.

5 (v) If the Secretary of Housing and Urban Develop6 ment determines as a result of such a review that a rede7 velopment plan does not meet the requirements set forth

8 in clause (i), a notice under clause (iv) shall include—

9 (I) an explanation of that determination; and

10 (II) a statement of the actions that the redevel11 opment authority must undertake in order to ad12 dress that determination.

13 (I)(i) Upon receipt of a notice under subparagraph

14 (H)(iv) of a determination that a redevelopment plan does

15 not meet a requirement set forth in subparagraph (H)(i),

16 a redevelopment authority shall have the opportunity to—

17 (I) revise the plan in order to address the deter18 mination; and

19 (II) submit the revised plan to the Secretary of

20 Defense and the Secretary of Housing and Urban

21 Development.

22 (ii) A redevelopment authority shall submit a revised

23 plan under this subparagraph to such Secretaries, if at

24 all, not later than 90 days after the date on which the
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1 redevelopment authority receives the notice referred to in

2 clause (i).

3 (J)(i) Not later than 30 days after receiving a revised

4 redevelopment plan under subparagraph (I), the Secretary

5 of Housing and Urban Development shall review the re6 vised plan and determine if the plan meets the require7 ments set forth in subparagraph (H)(i).

8 (ii) The Secretary of Housing and Urban Develop9 ment shall notify the Secretary of Defense and the redevel10 opment authority concerned of the determination of the

11 Secretary of Housing and Urban Development under this

12 subparagraph.

13 (K)(i) Upon receipt of a notice under subparagraph

14 (H)(iv) or (J)(ii) of the determination of the Secretary of

15 Housing and Urban Development that a redevelopment

16 plan for an installation meets the requirements set forth

17 in subparagraph (H)(i), the Secretary of Defense shall dis18 pose of the buildings and property at the installation.

19 (ii) For purposes of carrying out an environmental

20 assessment of the closure or realignment of an installa21 tion, the Secretary of Defense shall treat the redevelop22 ment plan for the installation (including the aspects of the

23 plan providing for disposal to State or local governments,

24 representatives of the homeless, and other interested par-
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1 ties) as part of the proposed Federal action for the instal2 lation.

3 (iii) The Secretary of Defense shall dispose of build4 ings and property under clause (i) in accordance with the

5 record of decision or other decision document prepared by

6 the Secretary in accordance with the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.). In

8 preparing the record of decision or other decision docu9 ment, the Secretary shall give substantial deference to the

10 redevelopment plan concerned.

11 (iv) The disposal under clause (i) of buildings and

12 property to assist the homeless shall be without consider13 ation.

14 (v) In the case of a request for a conveyance under

15 clause (i) of buildings and property for public benefit

16 under section 203(k) of the Federal Property and Admin17 istrative Services Act of 1949 (40 U.S.C. 484(k)) or sec18 tions 47151 through 47153 of title 49, United States

19 Code, the sponsoring Federal agency shall use the eligi20 bility criteria set forth in such section or such subchapter

21 (as the case may be) to determine the eligibility of the

22 applicant and use proposed in the request for the public

23 benefit conveyance.

24 (L)(i) If the Secretary of Housing and Urban Devel25 opment determines under subparagraph (J) that a revised
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1 redevelopment plan for an installation does not meet the

2 requirements set forth in subparagraph (H)(i), or if no

3 revised plan is so submitted, that Secretary shall—

4 (I) review the original redevelopment plan sub5 mitted to that Secretary under subparagraph (G),

6 including the notice or notices of representatives of

7 the homeless referred to in clause (ii)(II) of that

8 subparagraph;

9 (II) consult with the representatives referred to

10 in subclause (I), if any, for purposes of evaluating

11 the continuing interest of such representatives in the

12 use of buildings or property at the installation to as13 sist the homeless;

14 (III) request that each such representative sub15 mit to that Secretary the items described in clause

16 (ii); and

17 (IV) based on the actions of that Secretary

18 under subclauses (I) and (II), and on any informa19 tion obtained by that Secretary as a result of such

20 actions, indicate to the Secretary of Defense the

21 buildings and property at the installation that meet

22 the requirements set forth in subparagraph (H)(i).

23 (ii) The Secretary of Housing and Urban Develop24 ment may request under clause (i)(III) that a representa25 tive of the homeless submit to that Secretary the following:
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1 (I) A description of the program of such rep2 resentative to assist the homeless.

3 (II) A description of the manner in which the

4 buildings and property that the representative pro5 poses to use for such purpose will assist the home6 less.

7 (III) Such information as that Secretary re8 quires in order to determine the financial capacity of

9 the representative to carry out the program and to

10 ensure that the program will be carried out in com11 pliance with Federal environmental law and Federal

12 law against discrimination.

13 (IV) Such information as the Secretary requires

14 in order to determine that police services, fire pro15 tection services, and water and sewer services avail16 able in the communities in the vicinity of the instal17 lation concerned are adequate for the program.

18 (iii) Not later than 90 days after the date of the re19 ceipt of a revised plan for an installation under subpara20 graph (J), the Secretary of Housing and Urban Develop21 ment shall—

22 (I) notify the Secretary of Defense and the re23 development authority concerned of the buildings

24 and property at an installation under clause (i)(IV)

25 that the Secretary of Housing and Urban Develop-
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1 ment determines are suitable for use to assist the

2 homeless; and

3 (II) notify the Secretary of Defense of the ex4 tent to which the revised plan meets the criteria set

5 forth in subparagraph (H)(i).

6 (iv)(I) Upon notice from the Secretary of Housing

7 and Urban Development with respect to an installation

8 under clause (iii), the Secretary of Defense shall dispose

9 of buildings and property at the installation in consulta10 tion with the Secretary of Housing and Urban Develop11 ment and the redevelopment authority concerned.

12 (II) For purposes of carrying out an environmental

13 impact analysis of the closure or realignment of an instal14 lation, the Secretary of Defense shall treat the redevelop15 ment plan submitted by the redevelopment authority for

16 the installation (including the aspect of the plan providing

17 for disposal to State or local governments, representatives

18 of the homeless, and other interested parties) as an alter19 native to be analyzed in the environmental impact anal20 ysis. The Secretary of Defense shall incorporate the notifi21 cation of the Secretary of Housing and Urban Develop22 ment under clause (iii)(I) as part of the proposed Federal

23 action for the installation only to the extent, if any, that

24 the Secretary of Defense considers such incorporation to

25 be appropriate and consistent with the best and highest
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1 use of the installation as a whole, taking into consideration

2 the redevelopment plan submitted by the redevelopment

3 authority.

4 (III) The Secretary of Defense shall dispose of build5 ings and property under subclause (I) in accordance with

6 the record of decision or other decision document prepared

7 by the Secretary in accordance with the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.). In

9 preparing the record of decision or other decision docu10 ment, the Secretary shall give deference to the redevelop11 ment plan submitted by the redevelopment authority for

12 the installation.

13 (IV) The disposal under subclause (I) of buildings

14 and property to assist the homeless shall be without con15 sideration.

16 (V) In the case of a request for a conveyance under

17 subclause (I) of buildings and property for public benefit

18 under section 203(k) of the Federal Property and Admin19 istrative Services Act of 1949 (40 U.S.C. 484(k)) or sec20 tions 47151 through 47153 of title 49, United States

21 Code, the sponsoring Federal agency shall use the eligi22 bility criteria set forth in such section or such subchapter

23 (as the case may be) to determine the eligibility of the

24 applicant and use proposed in the request for the public

25 benefit conveyance.
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1 (M)(i) In the event of the disposal of buildings and

2 property of an installation pursuant to subparagraph (K)

3 or (L), the redevelopment authority for the installation

4 shall be responsible for the implementation of and compli5 ance with agreements under the redevelopment plan de6 scribed in that subparagraph for the installation.

7 (ii) If a building or property reverts to a redevelop8 ment authority under such an agreement, the redevelop9 ment authority shall take appropriate actions to secure,

10 to the maximum extent practicable, the utilization of the

11 building or property by other homeless representatives to

12 assist the homeless. A redevelopment authority may not

13 be required to utilize the building or property to assist

14 the homeless.

15 (N) The Secretary of Defense may postpone or ex16 tend any deadline provided for under this paragraph in

17 the case of an installation covered by this paragraph for

18 such period as the Secretary considers appropriate if the

19 Secretary determines that such postponement is in the in20 terests of the communities affected by the closure or re21 alignment of the installation. The Secretary shall make

22 such determinations in consultation with the redevelop23 ment authority concerned and, in the case of deadlines

24 provided for under this paragraph with respect to the Sec25 retary of Housing and Urban Development, in consulta-
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1 tion with the Secretary of Housing and Urban Develop2 ment.

3 (O) For purposes of this paragraph, the term ‘‘com4 munities in the vicinty of the installation’’, in the case of

5 an installation, means the communities that constitute the

6 political jurisdictions (other than the State in which the

7 installation is located) that comprise the redevelopment

8 authority for the installation.

9 (P) For purposes of this paragraph, the term ‘‘other

10 interested parties’’, in the case of an installation, includes

11 any parties eligible for the conveyance of property of the

12 installation under section 203(k) of the Federal Property

13 and Administrative Services Act of 1949 (40 U.S.C.

14 484(k)) or sections 47151 through 47153 of title 49,

15 United States Code, whether or not the parties assist the

16 homeless.

17 (7)(A) Subject to subparagraph (C), the Secretary

18 may enter into agreements (including contracts, coopera19 tive agreements, or other arrangements for reimburse20 ment) with local governments for the provision of police

21 or security services, fire protection services, airfield oper22 ation services, or other community services by such gov23 ernments at military installations closed or to be closed

24 or realigned or to be realigned, under this part, if the Sec25 retary determines that the provision of such services under
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1 such agreements is in the best interests of the Department

2 of Defense.

3 (B) The Secretary may exercise the authority pro4 vided under this paragraph without regard to the provi5 sions of chapter 146 of title 10, United States Code.

6 (C) The Secretary may not exercise the authority

7 under subparagraph (A) with respect to an installation

8 earlier than 180 days before the date on which the instal9 lation is to be closed.

10 (D) The Secretary shall include in a contract for serv11 ices entered into with a local government under this para12 graph a clause that requires the use of professionals to

13 furnish the services to the extent that professionals are

14 available in the area under the jurisdiction of such govern15 ment.

16 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

17 POLICY ACT OF 1969.—(1) The provisions of the National

18 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

19 seq.) shall not apply to the actions of the Commission,

20 and, except as provided in paragraph (2), the Department

21 of Defense in carrying out this part.

22 (2)(A) The provisions of the National Environmental

23 Policy Act of 1969 shall apply to actions of the Depart24 ment of Defense under this part (i) during the process

25 of property disposal, and (ii) during the process of relo-
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1 cating functions from a military installation being closed

2 or realigned to another military installation after the re3 ceiving installation has been selected but before the func4 tions are relocated.

5 (B) In applying the provisions of the National Envi6 ronmental Policy Act of 1969 to the processes referred

7 to in subparagraph (A), the Secretary of Defense and the

8 Secretary of the military departments concerned shall not

9 have to consider—

10 (i) the need for closing or realigning the mili11 tary installation which has been recommended for

12 closure or realignment by the Commission;

13 (ii) the need for transferring functions to any

14 military installation which has been selected as the

15 receiving installation; or

16 (iii) military installations alternative to those

17 recommended or selected.

18 (3) A civil action for judicial review, with respect to

19 any requirement of the National Environmental Policy Act

20 of 1969 to the extent such Act is applicable under para21 graph (2), of any act or failure to act by the Department

22 of Defense during the closing, realigning, or relocating of

23 functions referred to in clauses (i) and (ii) of paragraph

24 (2)(A), may not be brought more than 60 days after the

25 date of such act or failure to act.
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1 (d) WAIVER.—The Secretary of Defense may close or

2 realign military installations under this part without re3 gard to—

4 (1) any provision of law restricting the use of

5 funds for closing or realigning military installations

6 included in any appropriations or authorization Act;

7 and

8 (2) sections 2662 and 2687 of title 10, United

9 States Code.

10 (e) TRANSFER AUTHORITY IN CONNECTION WITH

11 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.—

12 (1)(A) Subject to paragraph (2) of this subsection and sec13 tion 120(h) of the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42

15 U.S.C. 9620(h)), the Secretary may enter into an agree16 ment to transfer by deed real property or facilities referred

17 to in subparagraph (B) with any person who agrees to

18 perform all environmental restoration, waste management,

19 and environmental compliance activities that are required

20 for the property or facilities under Federal and State laws,

21 administrative decisions, agreements (including schedules

22 and milestones), and concurrences.

23 (B) The real property and facilities referred to in

24 subparagraph (A) are the real property and facilities lo25 cated at an installation closed or to be closed or realigned
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1 or to be realigned under this part that are available exclu2 sively for the use, or expression of an interest in a use,

3 of a redevelopment authority under subsection (b)(6)(F)

4 during the period provided for that use, or expression of

5 interest in use, under that subsection.

6 (C) The Secretary may require any additional terms

7 and conditions in connection with an agreement author8 ized by subparagraph (A) as the Secretary considers ap9 propriate to protect the interests of the United States.

10 (2) A transfer of real property or facilities may be

11 made under paragraph (1) only if the Secretary certifies

12 to Congress that—

13 (A) the costs of all environmental restoration,

14 waste management, and environmental compliance

15 activities to be paid by the recipient of the property

16 or facilities are equal to or greater than the fair

17 market value of the property or facilities to be trans18 ferred, as determined by the Secretary; or

19 (B) if such costs are lower than the fair market

20 value of the property or facilities, the recipient of

21 the property or facilities agrees to pay the difference

22 between the fair market value and such costs.

23 (3) As part of an agreement under paragraph (1),

24 the Secretary shall disclose to the person to whom the

25 property or facilities will be transferred any information
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1 of the Secretary regarding the environmental restoration,

2 waste management, and environmental compliance activi3 ties described in paragraph (1) that relate to the property

4 or facilities. The Secretary shall provide such information

5 before entering into the agreement.

6 (4) Nothing in this subsection shall be construed to

7 modify, alter, or amend the Comprehensive Environmental

8 Response, Compensation, and Liability Act of 1980 (42

9 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42

10 U.S.C. 6901 et seq.).

11 (5) Section 330 of the National Defense Authoriza12 tion Act for Fiscal Year 1993 (Public Law 102–484; 10

13 U.S.C. 2687 note) shall not apply to any transfer under

14 this subsection to persons or entities described in sub15 section (a)(2) of such section 330.

16 (f) TRANSFER AUTHORITY IN CONNECTION WITH

17 CONSTRUCTION OR PROVISION OF MILITARY FAMILY

18 HOUSING.—(1) Subject to paragraph (2), the Secretary

19 may enter into an agreement to transfer by deed real prop20 erty or facilities located at or near an installation closed

21 or to be closed, or realigned or to be realigned, under this

22 part with any person who agrees, in exchange for the real

23 property or facilities, to transfer to the Secretary housing

24 units that are constructed or provided by the person and

25 located at or near a military installation at which there
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1 is a shortage of suitable housing to meet the requirements

2 of members of the Armed Forces and their dependents.

3 The Secretary may not select real property for transfer

4 under this paragraph if the property is identified in the

5 redevelopment plan for the installation as property essen6 tial to the reuse or redevelopment of the installation.

7 (2) A transfer of real property or facilities may be

8 made under paragraph (1) only if—

9 (A) the fair market value of the housing units

10 to be received by the Secretary in exchange for the

11 property or facilities to be transferred is equal to or

12 greater than the fair market value of such property

13 or facilities, as determined by the Secretary; or

14 (B) in the event the fair market value of the

15 housing units is less than the fair market value of

16 property or facilities to be transferred, the recipient

17 of the property or facilities agreed to pay to the Sec18 retary the amount equal to the excess of the fair

19 market value of the property or facilities over the

20 fair market value of the housing units.

21 (3) Notwithstanding paragraph (2) of section 06(a),

22 the Secretary may deposit funds received under paragraph

23 (2)(B) in the Department of Defense Family Housing Im24 provement Fund established under section 2873(a) of title

25 10, United States Code.
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1 (4) The Secretary shall submit to the congressional

2 defense committees a report describing each agreement

3 proposed to be entered into under paragraph (1), includ4 ing the consideration to be received by the United States

5 under the agreement. The Secretary may not enter into

6 the agreement until the end of the 30-day period begin7 ning on the date the congressional defense committees re8 ceive the report regarding the agreement.

9 (5) The Secretary may require any additional terms

10 and conditions in connection with an agreement author11 ized by this subsection as the Secretary considers appro12 priate to protect the interests of the United States.

13 (g) ACQUISITION OF MANUFACTURED HOUSING.—

14 (1) In closing or realigning any military installation under

15 this part, the Secretary may purchase any or all right,

16 title, and interest of a member of the Armed Forces and

17 any spouse of the member in manufactured housing lo18 cated at a manufactured housing park established at an

19 installation closed or realigned under this part, or make

20 a payment to the member to relocate the manufactured

21 housing to a suitable new site, if the Secretary determines

22 that—

23 (A) it is in the best interest of the Federal Gov24 ernment to eliminate or relocate the manufactured

25 housing park; and
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1 (B) the elimination or relocation of the manu2 factured housing park would result in an unreason3 able financial hardship to the owners of the manu4 factured housing.

5 (2) Any payment made under this subsection shall

6 not exceed 90 percent of the purchase price of the manu7 factured housing, as paid by the member or any spouse

8 of the member, plus the cost of any permanent improve9 ments subsequently made to the manufactured housing by

10 the member or spouse of the member.

11 (3) The Secretary shall dispose of manufactured

12 housing acquired under this subsection through resale, do13 nation, trade or otherwise within one year of acquisition.

14 SEC. 1106. ACCOUNT.

15 (a) IN GENERAL.—(1) There is hereby established on

16 the books of the Treasury an account to be known as the

17 ‘‘Department of Defense Base Closure Account 2000’’

18 which shall be administered by the Secretary as a single

19 account.

20 (2) There shall be deposited into the Account—

21 (A) funds authorized for and appropriated to

22 the Account;

23 (B) any funds that the Secretary may, subject

24 to approval in an appropriation Act, transfer to the

25 Account from funds appropriated to the Department
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1 of Defense for any purpose, except that such funds

2 may be transferred only after the date on which the

3 Secretary transmits written notice of, and justifica4 tion for, such transfer to the congressional defense

5 committees; and

6 (C) except as provided in subsection (d), pro7 ceeds received from the lease, transfer, or disposal of

8 any property at a military installation closed or re9 aligned under this Act.

10 (3) The Account shall be closed at the time and in

11 the manner provided for appropriation accounts under sec12 tion 1555 of title 31, United States Code. Unobligated

13 funds which remain in the Account upon closure shall be

14 held by the Secretary of the Treasury until transferred

15 by law after the congressional defense committees receive

16 the final report transmitted under subsection (c)(2).

17 (b) USE OF FUNDS.—(1) The Secretary may use the

18 funds in the Account only for the purposes described in

19 section 05. After the termination of the authority of the

20 Secretary to carry out a closure or realignment under this

21 Act, the Account shall be the sole source of Federal funds

22 for environmental restoration, property management, and

23 other caretaker costs associated with any real property at

24 military installations closed or realigned under this Act.
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1 (2) When a decision is made to use funds in the Ac2 count to carry out a construction project under section

3 05(a) and the cost of the project will exceed the maximum

4 amount authorized by law for a minor military construc5 tion project, the Secretary shall notify in writing the con6 gressional defense committees of the nature of, and jus7 tification for, the project and the amount of expenditures

8 for such project. Any such construction project may be

9 carried out without regard to section 2802(a) of title 10,

10 United States Code.

11 (c) REPORTS.—(1)(A) No later than 60 days after

12 the end of each fiscal year in which the Secretary carries

13 out activities under this Act, the Secretary shall transmit

14 a report to the congressional defense committees of the

15 amount and nature of the deposits into, and the expendi16 tures from, the Account during such fiscal year and of

17 the amount and nature of other expenditures made pursu18 ant to section 05(a) during such fiscal year.

19 (B) The report for a fiscal year shall include the fol20 lowing:

21 (i) The obligations and expenditures from the

22 Account during the fiscal year, identified by sub23 account, for each military department and Defense

24 Agency.
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1 (ii) The fiscal year in which appropriations for

2 such expenditures were made and the fiscal year in

3 which funds were obligated for such expenditures.

4 (iii) Each military construction project for

5 which such obligations and expenditures were made,

6 identified by installation and project title.

7 (iv) A description and explanation of the extent,

8 if any, to which expenditures for military construc9 tion projects for the fiscal year differed from pro10 posals for projects and funding levels that were in11 cluded in the justification transmitted to Congress

12 under section 07(1), or otherwise, for the funding

13 proposals for the Account for such fiscal year, in14 cluding an explanation of—

15 (I) any failure to carry out military con16 struction projects that were so proposed; and

17 (II) any expenditures for military construc18 tion projects that were not so proposed.

19 (2) No later than 60 days after the termination of

20 the authority of the Secretary to carry out a closure or

21 realignment under this Act, and no later than 60 days

22 after the closure of the Account under subsection (a)(3),

23 the Secretary shall transmit to the congressional defense

24 committees a report containing an accounting of—
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1 (A) all the funds deposited into and expended

2 from the Account or otherwise expended under this

3 Act; and

4 (B) any amount remaining in the Account.

5 (d) DISPOSAL OR TRANSFER OF COMMISSARY

6 STORES AND PROPERTY PURCHASED WITH NON7 APPROPRIATED FUNDS.—(1) If any real property or facil8 ity acquired, constructed, or improved (in whole or in part)

9 with commissary store funds or nonappropriated funds is

10 transferred or disposed of in connection with the closure

11 or realignment of a military installation under this Act,

12 a portion of the proceeds of the transfer or other disposal

13 of property on that installation shall be deposited in the

14 reserve account established under section 204(b)(7)(C) of

15 the Defense Authorization Amendments and Base Closure

16 and Realignment Act (10 U.S.C. 2687 note).

17 (2) The amount so deposited shall be equal to the

18 depreciated value of the investment made with such funds

19 in the acquisition, construction, or improvement of that

20 particular real property or facility. The depreciated value

21 of the investment shall be computed in accordance with

22 regulations prescribed by the Secretary of Defense.

23 (3) The Secretary may use amounts in the account

24 (in such an aggregate amount as is provided in advance
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1 in appropriation Acts) for the purpose of acquiring, con2 structing, and improving—

3 (A) commissary stores; and

4 (B) real property and facilities for non5 appropriated fund instrumentalities.

6 (4) As used in this subsection:

7 (A) The term ‘‘commissary store funds’’ means

8 funds received from the adjustment of, or surcharge

9 on, selling prices at commissary stores fixed under

10 section 2685 of title 10, United States Code.

11 (B) The term ‘‘nonappropriated funds’’ means

12 funds received from a nonappropriated fund instru13 mentality.

14 (C) The term ‘‘nonappropriated fund instru15 mentality’’ means an instrumentality of the United

16 States under the jurisdiction of the Armed Forces

17 (including the Army and Air Force Exchange Serv18 ice, the Navy Resale and Services Support Office,

19 and the Marine Corps exchanges) which is conducted

20 for the comfort, pleasure, contentment, or physical

21 or mental improvement of members of the Armed

22 Forces.

23 (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

24 ENVIRONMENTAL RESTORATION PROJECTS.—Except for

25 funds deposited into the Account under subsection (a),
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1 funds appropriated to the Department of Defense may not

2 be used for purposes described in section 05(a)(1)(C). The

3 prohibition in this subsection shall expire upon the closure

4 of the Account under subsection (a)(3.)

5 SEC. 1107. REPORTS.

6 As part of the budget request for the Department of

7 Defense for fiscal year 2005 and for each fiscal year there8 after in which the Secretary carries out activities under

9 this part, the Secretary shall transmit to the congressional

10 defense committees of Congress—

11 (1) a schedule of the closure and realignment

12 actions to be carried out under this part in the fiscal

13 year for which the request is made and an estimate

14 of the total expenditures required and cost savings

15 to be achieved by such closure and realignment and

16 of the time period in which these savings are to be

17 achieved in each case, together with the Secretary’s

18 assessment of the environmental effects of such ac19 tions; and

20 (2) a description of the military installations,

21 including those under construction and those

22 planned for construction, to which functions are to

23 be transferred as a result of such closures and re24 alignments, together with the Secretary’s assessment

25 of the environmental effects of such transfers.
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1 SEC. 1108. CONGRESSIONAL CONSIDERATION OF COMMIS2 SION REPORT.

3 (a) TERMS OF THE RESOLUTION.—For purposes of

4 section 04(b), the term ‘‘joint resolution’’ means only a

5 joint resolution which is introduced within the 10-day pe6 riod beginning on the date on which the President trans7 mits the report to the Congress under section 03(e), and—

8 (1) which does not have a preamble;

9 (2) the matter after the resolving clause of

10 which is as follows: ‘‘That Congress disapproves the

11 recommendations of the Defense Base Closure and

12 Realignment Commission as submitted by the Presi13 dent on lll’’, the blank space being filled in

14 with the appropriate date; and

15 (3) the title of which is as follows: ‘‘Joint reso16 lution disapproving the recommendations of the De17 fense Base Closure and realignment Commission.’’.

18 (b) REFERRAL.—A resolution described in subsection

19 (a) that is introduced in the House of Representatives

20 shall be referred to the Committee on Armed Services of

21 the House of Representatives. A resolution described in

22 subsection (a) introduced in the Senate shall be referred

23 to the Committee on Armed Services of the Senate.

24 (c) DISCHARGE.—If the committee to which a resolu25 tion described in subsection (a) is referred has not re26 ported such a resolution (or an identical resolution) by the
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1 end of the 20-day period beginning on the date on which

2 the President transmits the report to Congress under sec3 tion 03(e), such committee shall be, at the end of such

4 period, discharged from further consideration of such reso5 lution, and such resolution shall be placed on the appro6 priate calendar of the House involved.

7 (d) CONSIDERATION.—(1) On or after the third day

8 after the date on which the committee to which such a

9 resolution is referred has reported, or has been discharged

10 (under subsection (c)) from further consideration of, such

11 a resolution, it is in order (even though a previous motion

12 to the same effect has been disagreed to) for any Member

13 of the respective House to move to proceed to the consider14 ation of the resolution. A member may make the motion

15 only on the day after the calendar day on which the Mem16 ber announces to the House concerned the Member’s in17 tention to make the motion, except that, in the case of

18 the House of Representatives, the motion may be made

19 without such prior announcement if the motion is made

20 by direction of the committee to which the resolution was

21 referred. The motion is highly privileged in the House of

22 Representatives and is privileged in the Senate and is not

23 debatable. The motion is not subject to amendment, or

24 to a motion to postpone, or to a motion to proceed to the

25 consideration of other business. A motion to reconsider the
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1 vote by which the motion is agreed to or disagreed to shall

2 not be in order. If a motion to proceed to the consideration

3 of the resolution is agreed to, the respective House shall

4 immediately proceed to consideration of the joint resolu5 tion without intervening motion, order, or other business,

6 and the resolution shall remain the unfinished business of

7 the respective House until disposed of.

8 (2) Debate on the resolution, and on all debatable

9 motions and appeals in connection therewith, shall be lim10 ited to not more than 2 hours, which shall be divided

11 equally between those favoring and those opposing the res12 olution. An amendment to the resolution is not in order.

13 A motion further to limit debate is in order and not debat14 able. A motion to postpone, or a motion to proceed to the

15 consideration of other business, or a motion to recommit

16 the resolution is not in order. A motion to reconsider the

17 vote by which the resolution is agreed to or disagreed to

18 is not in order.

19 (3) Immediately following the conclusion of the de20 bate on a resolution described in subsection (a) and a sin21 gle quorum call at the conclusion of the debate if re22 quested in accordance with the rules of the appropriate

23 House, the vote on final passage of the resolution shall

24 occur.
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1 (4) Appeals from the decisions of the Chair relating

2 to the application of the rules of the Senate or the House

3 of Representatives, as the case may be, to the procedure

4 relating to a resolution described in subsection (a) shall

5 be decided with out debate.

6 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be7 fore the passage by one House of a resolution of that

8 House described in subsection (a), that House receives

9 from the other House a resolution described in subsection

10 (a), then the following procedures shall apply:

11 (A) The resolution of the other House shall not

12 be referred to a committee and may not be consid13 ered in the House receiving it except in the case of

14 final passage as provided in subparagraph (B)(ii).

15 (B) With respect to a resolution described in

16 subsection (a) of the House receiving the

17 resolution—

18 (i) the procedure in that House shall be

19 the same as if no resolution had been received

20 from the other House; but

21 (ii) the vote on final passage shall be on

22 the resolution of the other House.

23 (2) Upon disposition of the resolution received from

24 the other House, it shall no longer be in order to consider

25 the resolution that originated in the receiving House.
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1 (f) RULES OF THE SENATE AND HOUSE.—This sec2 tion is enacted by Congress—

3 (1) as an exercise of the rulemaking power of

4 the Senate and House of Representatives, respec5 tively, and as such it is deemed a part of the rules

6 of each House, respectively, but applicable only with

7 respect to the procedure to be followed in that

8 House in the case of a resolution described in sub9 section (a), and it supersedes other rules only to the

10 extent that it is inconsistent with such rules; and

11 (2) with full recognition of the constitutional

12 right of either House to change the rules (so far as

13 relating to the procedure of that House) at any time,

14 in the same manner, and to the same extent as in

15 the case of any other rule of that House.

16 SEC. 1109. RESTRICTION ON OTHER BASE CLOSURE AU17 THORITY.

18 (a) IN GENERAL.—Except as provided in subsection

19 (c), during the period beginning on the date of the enact20 ment of this Act and ending on December 31, 2005, this

21 part shall be the exclusive authority for selecting for clo22 sure or realignment, or for carryiny out any closure or

23 realignment of, military installation inside the United

24 States.
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1 (b) RESTRICTION.—Except as provided in subsection

2 (c), none of the funds available to the Department of De3 fense may be used, other than under this part, during the

4 period specified in subsection (a)—

5 (1) to identify, through any transmittal to the

6 Congress or through any other public announcement

7 or notification, any military installation inside the

8 United States as an installation to be closed or re9 aligned or as an installation under consideration for

10 closure or realignment; or

11 (2) to carry out any closure or realignment of

12 a military installation inside the United States.

13 (c) EXCEPTION.—Nothing in this part affects the au14 thority of the Secretary to carry out—

15 (1) closures and realignments under title II of

16 Public Law 100–526;

17 (2) closures and realignments under Public Law

18 101–510; and

19 (3) closures and realignments to which section

20 2687 of title 10, United States Code, is not applica21 ble, including closures and realignments carried out

22 for reasons of national security or a military emer23 gency referred to in subsection (c) of such section.

24 SEC. 1110. DEFINITIONS.

25 As used in this part:
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1 (1) The term ‘‘Account’’ means the Department

2 of Defense Base Closure Account 2000 established

3 by section 06(a)(1).

4 (2) The term ‘‘congressional defense commit5 tees’’ means the Committee on Armed Services and

6 the Committee on Appropriations of the Senate and

7 the Committee on National Security and the Com8 mittee on Appropriations of the House of Represent9 atives.

10 (3) The term ‘‘Commission’’ means the Com11 mission established by section 02.

12 (4) The term ‘‘military installation’’ means a

13 base, camp, post, station, yard, center, homeport fa14 cility for any ship, or other activity under the juris15 diction of the Department of Defense, including any

16 leased facility. Such term does not include any facil17 ity used primarily for civil works, rivers and harbors

18 projects, flood control, or other projects not under

19 the primary jurisdiction or control of the Depart20 ment of Defense.

21 (5) The term ‘‘realignment’’ includes any action

22 which both reduces and relocates functions and civil23 ian personnel positions but does not include a reduc24 tion in force resulting from workload adjustments,
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1 reduced personnel or funding levels, or skill imbal2 ances.

3 (6) The term ‘‘Secretary’’ means the Secretary

4 of Defense.

5 (7) The term ‘‘United States’’ means the 50

6 States, the District of Columbia, the Commonwealth

7 of Puerto Rico, Guam, the Virgin Islands, American

8 Samoa, and any other commonwealth, territory, or

9 possession of the United States.

10 (8) The term ‘‘date of approval’’, with respect

11 to a closure or realignment of an installation, means

12 the date on which the authority of Congress to dis13 approve a recommendation of closure or realign14 ment, as the case may be, of such installation under

15 this part expires.

16 (9) The term ‘‘redevelopment authority’’, in the

17 case of an installation to be closed or realigned

18 under this part, means any entity (including an enti19 ty established by a State or local government) recog20 nized by the Secretary of Defense as the entity re21 sponsible for developing the redevelopment plan with

22 respect to the installation or for directing the imple23 mentation of such plan.
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1 (10) The term ‘‘redevelopment plan’’ in the

2 case of an installation to be closed or realigned

3 under this part, means a plan that—

4 (A) is agreed to by the local redevelopment

5 authority with respect to the installation; and

6 (B) provides for the reuse or redevelop7 ment of the property and personal property of

8 the installation that is available for such reuse

9 and redevelopment as a result of the closure or

10 realignment of the installation.

11 (11) The term ‘‘representative of the homeless’’

12 has the meaning given such term in section

13 501(i)(4) of the Stewart B. McKinney Homeless As14 sistance Act (42 U.S.C. 11411(i)(4)).

15 SEC. 1111. CLARIFYING AMENDMENTS.

16 (a) All authorities provided to the Secretary of De17 fense with respect to installations closed or to be closed

18 pursuant to the Defense Base Closure and Realignment

19 Act of 1990 (Public Law 101–510, as amended; 10 U.S.C.

20 2687 note), shall apply to the same extent to installations

21 realigned or to be realigned pursuant to the Defense Base

22 Closure and Realignment Act of 1990 (Public Law 101–

23 510, as amended; 10 U.S.C. 2687 note).
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1 (b) For the purposes of this Act and notwithstanding

2 any other provision of law, governments of Indian tribes

3 shall be treated as State and local governments.

4 SEC. 1112. CONFORMING AMENDMENTS.

5 (a) DEFINITIONS OF BASE CLOSURE LAW.—(1) Sub6 section (c)(1) of section 3341 of title 5, United States

7 Code, is amended by adding at the end the following new

8 paragraph (D):

9 ‘‘(D) Any other similar law enacted after

10 November 5, 1990.’’.

11 (2) Subsection (h) of section 2667 of title 10, United

12 States Code, is amended by adding at the end the fol13 lowing new paragraph (4):

14 ‘‘(4) Any other similar law enacted after No15 vember 5, 1990.’’.

16 (3) Subsection (h) of section 2705 of title 10, United

17 States Code, is amended by adding at the end the fol18 lowing new paragraph (4):

19 ‘‘(4) Any other similar law enacted after No20 vember 5, 1990.’’.

21 (4) Subsection (2) of section 2871 of title 10, United

22 States Code, is amended by adding at the end the fol23 lowing new paragraph (D):

24 ‘‘(D) Any other similar law enacted after No25 vember 5, 1990.’’.
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1 (5) Subsection (q)(6) of section 484 of title 40,

2 United States Code, is amended by adding at the end the

3 following new paragraph (D):

4 ‘‘(D) Any other similar law enacted after No5 vember 5, 1990.’’.

6 (6) Subsection (k)(1) of section 1334 of Public Law

7 103–160, is amended by adding at the end the following

8 new paragraph (C):

9 ‘‘(C) Any other similar law enacted after No10 vember 5, 1990.’’.

11 (7) Subsection (b) of section 2814 of Public Law

12 103–337, is amended by adding at the end the following

13 new paragraph (3):

14 ‘‘(3) Any other similar law enacted after No15 vember 5, 1990.’’.

16 (b) REFERENCES TO BRAC ACCOUNTS.—Subsection

17 (d)(5) of section 2667 of title 10, United States Code, is

18 amended by inserting ‘‘or any successor account, as appro19 priate’’ at the end thereof.

Æ