II

Calendar No. 544

106TH CONGRESS

2D SESSION S. 2550

To authorize appropriations for fiscal year 2001 for military activities of

the Department of Defense, to prescribe personnel strengths for such

fiscal year for the Armed Forces, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 12, 2000

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

A BILL

To authorize appropriations for fiscal year 2001 for military

activities of the Department of Defense, to prescribe

personnel strengths for such fiscal year for the Armed

Forces, 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 ‘‘Department of Defense

5 Authorization Act for Fiscal Year 2001’’.
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1 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical demilitarization program.

Sec. 107. Defense health programs.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for certain programs.

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

Subtitle C—Navy Programs

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

Sec. 122. Arleigh Burke class destroyer program.

Sec. 123. Virginia class submarine program.

Sec. 124. ADC(X) ship program.

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

Subtitle D—Air Force Programs

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

Subtitle E—Other Matters

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

technologies.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Fiscal year 2002 joint field experiment.

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

Sec. 213. DD–21 class destroyer program.

Sec. 214. F–22 aircraft program.
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Sec. 215. Joint strike fighter program.

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

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

Sec. 218. Army space control technology development.

Sec. 219. Russian American observation satellites program.

Sec. 220. Joint biological defense program.

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

Subtitle C—Other Matters

Sec. 241. Mobile offshore base.

Sec. 242. Air Force science and technology planning.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

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

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 311. Impact aid for children with disabilities.

Sec. 312. Joint warfighting capabilities assessment teams.

Subtitle C—Humanitarian and Civic Assistance

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

and civic assistance.

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

demining training and related assistance as humanitarian assistance.

Subtitle D—Department of Defense Industrial Facilities

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

Sec. 332. Centers of Industrial and Technical Excellence.

Sec. 333. Effects of outsourcing on overhead costs of Centers of Industrial and

Technical Excellence and ammunition plants.

Sec. 334. Revision of authority to waive limitation on performance of depotlevel maintenance.

Subtitle E—Environmental Provisions

Sec. 341. Environmental restoration accounts.

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

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

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

defense property.
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Sec. 345. Payment of fines or penalties imposed for environmental compliance

violations at certain Department of Defense facilities.

Sec. 346. Reimbursement for certain costs in connection with the Former

Nansemond Ordnance Depot Site, Suffolk, Virginia.

Sec. 347. Environmental restoration activities.

Sec. 348. Ship disposal project.

Sec. 349. Report on Defense Environmental Security Corporate Information

Management program.

Sec. 350. Report on Plasma Energy Pyrolysis System.

Subtitle F—Other Matters

Sec. 361. Effects of worldwide contingency operations on readiness of certain

military aircraft and equipment.

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

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

and secondary items.

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

storage installations.

Sec. 365. Congressional notification of use of radio frequency spectrum by a

system entering engineering and manufacturing development.

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

workforces.

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

Sec. 368. Investment of commissary trust revolving fund.

Sec. 369. Economic procurement of distilled spirits.

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

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

Sec. 372. Reauthorization of pilot program for acceptance and use of landing

fees charged for use of domestic military airfields by civil aircraft.

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

Atoll.

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

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

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

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

Sec. 415. Increase in numbers of members in certain grades authorized to be

on active duty in support of the reserves.

Subtitle C—Other Matters Relating to Personnel Strengths

Sec. 421. Suspension of strength limitations during war or national emergency.
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Sec. 422. Exclusion of certain reserve component members on active duty for

more than 180 days from active component end strengths.

Sec. 423. Exclusion of Army and Air Force medical and dental officers from

limitation on strengths of reserve commissioned officers in

grades below brigadier general.

Sec. 424. Authority for temporary increases in number of reserve personnel

serving on active duty or full-time National Guard duty in certain grades.

Sec. 425. Temporary exemption of Director of the National Security Agency

from limitations on number of Air Force officers above major

general.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

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

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

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

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

Sec. 505. Inapplicability of active-duty list promotion, separation, and involuntary retirement authorities to reserve general and flag officers

serving in certain positions designated for reserve officers by

the Chairman of the Joint Chiefs of Staff.

Sec. 506. Review of actions of selection boards.

Sec. 507. Extension to all Air Force biomedical sciences officers of authority to

retain until specified age.

Sec. 508. Termination of application requirement for consideration of officers

for continuation on the Reserve Active-Status List.

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

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

Guard components.

Subtitle B—Joint Officer Management

Sec. 521. Joint specialty designations and additional identifiers.

Sec. 522. Promotion objectives.

Sec. 523. Education.

Sec. 524. Length of joint duty assignment.

Sec. 525. Annual report to Congress.

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

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

Subtitle C—Education and Training

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

service academies.

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

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

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

Assistance Program.

Subtitle D—Matters Relating to Recruiting

Sec. 551. Army recruiting pilot programs.

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

and advertising programs.

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

Subtitle E—Other Matters

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

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

persons.

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

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

Sec. 565. Sense of Congress on the court-martial conviction of Captain Charles

Butler McVay, Commander of the U.S.S. Indianapolis, and on

the courageous service of its crew.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Corrections for basic pay tables.

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

Sec. 604. Clarification of service excluded in computation of creditable service

as a Marine Corps officer.

Sec. 605. Calculation of basic allowance for housing.

Sec. 606. Eligibility of members in grade E–4 to receive basic allowance for

housing while on sea duty.

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

Armed Forces.

Sec. 608. Increased uniform allowances for officers.

Sec. 609. Cabinet-level authority to prescribe requirements and allowance for

clothing of enlisted members.

Subtitle B—Bonuses and Special and Incentive Pays

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

forces.

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

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

special pays.

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

dental officers.

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

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

Sec. 617. Correction of references to Air Force veterinarians.
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Sec. 618. Entitlement of active duty officers of the Public Health Service Corps

to special pays and bonuses of health professional officers of

the Armed Forces.

Sec. 619. Career sea pay.

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

Sec. 621. Expansion of applicability of authority for critical skills enlistment

bonus to include all Armed Forces.

Subtitle C—Travel and Transportation Allowances

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

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

Sec. 633. Expansion of funded student travel.

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

Subtitle D—Retirement Benefits

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

Sec. 642. Automatic participation in reserve component Survivor Benefit Plan

unless declined with spouse’s consent.

Sec. 643. Participation in Thrift Savings Plan.

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

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

Subtitle E—Other Matters

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

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

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

retired pay.

Sec. 654. Eligibility of certain members of the Individual Ready Reserve for

Servicemembers’ Group Life Insurance.

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

TITLE VII—HEALTH CARE

Subtitle A—Senior Health Care

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

Sec. 702. TRICARE Senior Prime demonstration program.

Sec. 703. Extension and expansion of demonstration project for participation of

uniformed services personnel in the Federal Employees Health

Benefits program.

Sec. 704. Implementation of redesigned pharmacy system.

Subtitle B—TRICARE Program

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

CONUS.
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Sec. 712. Elimination of copayments for immediate family.

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

TRICARE program.

Subtitle C—Joint Initiatives With Department of Veterans

Affairs

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

Sec. 722. Pharmaceutical identification technology.

Sec. 723. Medical informatics.

Subtitle D—Other Matters

Sec. 731. Permanent authority for certain pharmaceutical benefits.

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

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

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

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

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

outside medical treatment facilities.

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

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

Sec. 739. Patient care reporting and management system.

Sec. 740. Health care management demonstration program.

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

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

Public Health Service.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Sec. 801. Improvements in procurements of services.

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

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

Sec. 804. Tracking of information technology purchases.

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

data provided by the contractor.

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

programs.

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

projects.

Sec. 808. Clarification of authority of Comptroller General to review records of

participants in certain prototype projects.

Sec. 809. Eligibility of small business concerns owned and controlled by women

for assistance under the Mentor-Protege Program.

Sec. 810. Navy-Marine Corps intranet acquisition.

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

positions.

Sec. 812. Defense acquisition and support workforce.
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Sec. 813. Financial analysis of use of dual rates for quantifying overhead costs

at Army industrial facilities.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

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

activities personnel.

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

terrorism.

Sec. 903. National Defense Panel 2001.

Sec. 904. Quadrennial National Defense Panel.

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

Sec. 906. Network centric warfare.

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

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

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

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

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

Secretary of Defense.

Sec. 912. Consolidation of certain Navy gift funds.

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

Naval Academy.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Authorization of emergency supplemental appropriations for fiscal

year 2000.

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

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

Sec. 1005. Prompt payment of contract vouchers.

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

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

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

for contract payments.

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

Subtitle B—Counter-Drug Activities

Sec. 1011. Extension and increase of authority to provide additional support

for counter-drug activities.

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

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

Subtitle C—Strategic Forces

Sec. 1015. Revised nuclear posture review.

Sec. 1016. Plan for the long-term sustainment and modernization of United

States strategic nuclear forces.
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Sec. 1017. Correction of scope of waiver authority for limitation on retirement

or dismantlement of strategic nuclear delivery systems.

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

Subtitle D—Miscellaneous Reporting Requirements

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

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

Sec. 1023. Preparedness of military installation first responders for incidents

involving weapons of mass destruction.

Sec. 1024. Date of submittal of reports on shortfalls in equipment procurement

and military construction for the reserve components in futureyears defense programs.

Sec. 1025. Management review of Defense Logistics Agency.

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

Subtitle E—Information Security

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

Sec. 1042. Information security scholarship program.

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

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

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

Subtitle F—Other Matters

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

Military Justice.

Sec. 1052. Technical corrections.

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

in Puerto Rico.

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

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

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

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

purposes.

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

Sec. 1059. Donation of Civil War cannon.

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

Armed Forces post offices.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL POLICY

Sec. 1101. Computer/electronic accommodations program.

Sec. 1102. Additional special pay for foreign language proficiency beneficial for

United States national security interests.

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

Sec. 1104. Extension of authority for tuition reimbursement and training for

civilian employees in the defense acquisition workforce.
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Sec. 1105. Work safety demonstration program.

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

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

force.

Sec. 1108. Electronic maintenance of performance appraisal systems.

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

Sec. 1110. Leave for crews of certain vessels.

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

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

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

TITLE XII—MATTERS RELATING TO OTHER NATIONS

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

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

Iraqi weapons activities.

Sec. 1203. Repeal of restriction preventing cooperative airlift support through

acquisition and cross-servicing agreements.

Sec. 1204. Western Hemisphere Institute for Professional Education and

Training.

Sec. 1205. Biannual report on Kosovo peacekeeping.

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

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

Reduction programs.

Sec. 1208. Limitation on use of funds for construction of a Russian facility for

the destruction of chemical weapons.

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

TITLE XIII—NAVY ACTIVITIES ON THE ISLAND OF

VIEQUES, PUERTO RICO

Sec. 1301. Assistance for economic growth on Vieques.

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

Sec. 1303. Actions if training is approved.

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

is vitiated.

Sec. 1305. Exempt property.

Sec. 1306. Moratorium on improvements at Fort Buchanan.

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

Sec. 1308. Live Impact Area.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and
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1 (2) the Committee on National Security and the

2 Committee on Appropriations of the House of Rep3 resentatives.

4 TITLE I—PROCUREMENT

5 Subtitle A—Authorization of

6 Appropriations

7 SEC. 101. ARMY.

8 Funds are hereby authorized to be appropriated for

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

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

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

12 (3) For weapons and tracked combat vehicles,

13 $2,115,138,000.

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

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

16 SEC. 102. NAVY AND MARINE CORPS.

17 (a) NAVY.—Funds are hereby authorized to be appro18 priated for fiscal year 2001 for procurement for the Navy

19 as follows:

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

21 (2) For weapons, including missiles and tor22 pedoes, $ 1,479,950,000.

23 (3) For shipbuilding and conversion,

24 $12,900,076,000.

25 (4) For other procurement, $3,378,311,000.
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1 (b) MARINE CORPS.—Funds are hereby authorized to

2 be appropriated for fiscal year 2001 for procurement for

3 the Marine Corps in the amount of $1,181,035,000.

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

5 are hereby authorized to be appropriated for fiscal year

6 2001 for procurement of ammunition for the Navy and

7 the Marine Corps in the amount of $496,749,000.

8 SEC. 103. AIR FORCE.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 2001 for procurement for the Air Force as fol11 lows:

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

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

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

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

16 SEC. 104. DEFENSE-WIDE ACTIVITIES.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 2001 for Defense-wide procurement in the

19 amount of $2,184,608,000.

20 SEC. 105. DEFENSE INSPECTOR GENERAL.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 2001 for procurement for the Inspector General

23 of the Department of Defense in the amount of

24 $3,300,000.
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1 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

2 There is hereby authorized to be appropriated for fis3 cal year 2001 the amount of $1,003,500,000 for—

4 (1) the destruction of lethal chemical agents

5 and munitions in accordance with section 1412 of

6 the Department of Defense Authorization Act, 1986

7 (50 U.S.C. 1521); and

8 (2) the destruction of chemical warfare materiel

9 of the United States that is not covered by section

10 1412 of such Act.

11 SEC. 107. DEFENSE HEALTH PROGRAMS.

12 Funds are hereby authorized to be appropriated for

13 fiscal year 2001 for the Department of Defense for pro14 curement for carrying out health care programs, projects,

15 and activities of the Department of Defense in the total

16 amount of $290,006,000.

17 Subtitle B—Army Programs

18 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

19 CERTAIN PROGRAMS.

20 (a) AUTHORITY.—Beginning with the fiscal year

21 2001 program year, the Secretary of the Army may, in

22 accordance with section 2306b of title 10, United States

23 Code, enter into multiyear contracts for procurement of

24 the following:

25 (1) M2A3 Bradley fighting vehicles.

26 (2) UH–60L Blackhawk helicopters.
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1 (3) CH–60S Seahawk helicopters.

2 (b) LIMITATION FOR BRADLEY FIGHTING VEHI3 CLES.—The period for a multiyear contract entered into

4 under subsection (a)(1) may not exceed the three consecu5 tive program years beginning with the fiscal year 2001

6 program year.

7 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section

8 111 of the National Defense Authorization Act for Fiscal

9 Year 2000 (Public Law 106–65; 113 Stat. 531) is amend10 ed by striking paragraph (2).

11 SEC. 112. REPORTS AND LIMITATIONS RELATING TO ARMY

12 TRANSFORMATION.

13 (a) REPORT ON OBJECTIVE FORCE DEVELOPMENT

14 PROCESS.—The Secretary of the Army shall submit to the

15 congressional defense committees a report on the process

16 for developing the objective force in the transformation of

17 the Army. The report shall include the following:

18 (1) The operational environments envisioned for

19 the objective force.

20 (2) The threat assumptions on which research

21 and development efforts for transformation of the

22 Army into the objective force are based.

23 (3) The potential operational and organizational

24 concepts for the objective force.
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1 (4) The key performance parameters antici2 pated for the objective force and the operational re3 quirements anticipated for the operational require4 ments document of the objective force.

5 (5) The schedule of Army transformation activi6 ties through fiscal year 2012, together with—

7 (A) the projected funding requirements

8 through that fiscal year for the research and

9 development activities and the procurement ac10 tivities;

11 (B) the specific adjustments that are made

12 for Army programs in the future-years defense

13 program and in the extended planning program

14 in order to program the funding necessary to

15 meet the funding requirements for Army trans16 formation; and

17 (C) a summary of the anticipated invest18 ments of the Defense Advanced Research

19 Projects Agency in programs designed to lead

20 to the fielding of future combat systems for the

21 objective force.

22 (6) The joint warfighting requirements that will

23 be supported by the fielding of the objective force,

24 together with a description of the adjustments that

25 are planned to be made in the war plans of the com-
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1 manders of the regional unified combatant com2 mands in relation to the fielding of the objective

3 force.

4 (7) The changes in lift requirements that result

5 from the establishment and fielding of the combat

6 brigades of the objective force.

7 (8) The evaluation process that will be used to

8 support decisionmaking on the course of the Army

9 transformation, including a description of the oper10 ational evaluations and experimentation that will be

11 used to validate the key performance parameters as12 sociated with the objective force and the operational

13 requirements for the operational requirements docu14 ment of the objective force.

15 (b) REPORTS ON MEDIUM ARMORED COMBAT VEHI16 CLES FOR THE INTERIM BRIGADE COMBAT TEAMS.—(1)

17 The Secretary of the Army shall develop and carry out

18 a plan for comparing—

19 (A) the costs and operational effectiveness of

20 the medium armored combat vehicles selected for the

21 infantry battalions of the interim brigade combat

22 teams; and

23 (B) the costs and operational effectiveness of

24 the medium armored vehicles currently in the Army

25 inventory for the use of infantry battalions.
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1 (2) The plan shall provide for the costs and oper2 ational effectiveness of the two sets of vehicles to be deter3 mined on the basis of the results of an operational analysis

4 that involves the participation of at least one infantry bat5 talion that is fielded with medium armored vehicles cur6 rently in the Army inventory and is similar in organization

7 to the infantry battalions of the interim brigade combat

8 teams.

9 (3) The Director of Operational Test and Evaluation

10 of the Department of Defense shall review the plan devel11 oped under paragraph (1) and submit the Director’s com12 ments on the plan to the Secretary of the Army.

13 (4) Not later than February 1, 2001, the Secretary

14 of the Army shall submit to the congressional defense com15 mittees a report on the plan developed under paragraph

16 (1). The report shall include the following:

17 (A) The plan.

18 (B) The comments of the Director of Oper19 ational Test and Evaluation on the plan.

20 (C) A discussion of how the results of the oper21 ational analysis are to be used to guide future deci22 sions on the acquisition of medium armored combat

23 vehicles for additional interim brigade combat teams.

24 (D) The specific adjustments that are made for

25 Army programs in the future-years defense program
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1 and in the extended planning program in order to

2 program the funding necessary for fielding the in3 terim brigade combat teams.

4 (5)(A) Not later than March 1, 2002, the Secretary

5 of the Army shall submit to the congressional defense com6 mittees a report on the results of the comparison of costs

7 and operational effectiveness of the two sets of medium

8 armored combat vehicles under paragraph (1).

9 (B) The report under subparagraph (A) shall include

10 a certification by the Secretary of Defense regarding

11 whether the results of the comparison would support the

12 continuation in fiscal year 2003 and beyond of the acquisi13 tion of the additional medium armored combat vehicles

14 proposed to be used for equipping the interim brigade

15 combat teams.

16 (c) LIMITATIONS.—(1) Not more than 60 percent of

17 the amount appropriated for the procurement of armored

18 vehicles in the family of new medium armored vehicles

19 pursuant to the authorization of appropriations in section

20 101(3) may be obligated until the date that is 30 days

21 after the date on which the Secretary of the Army submits

22 the report required under subsection (b)(4) to the congres23 sional defense committees.

24 (2) Not more than 60 percent of the funds appro25 priated for the Army for fiscal year 2002 for the procure-
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1 ment of armored vehicles in the family of new medium

2 armored combat vehicles may be obligated until the date

3 that is 30 days after the date on which the Secretary of

4 the Army submits the report required under subsection

5 (b)(5) to the congressional defense committees.

6 (d) DEFINITIONS.—In this section:

7 (1) The term ‘‘transformation’’, with respect to

8 the Army, means the actions being undertaken to

9 transform the Army, as it is constituted in terms of

10 organization, equipment, and doctrine in 2000, into

11 the objective force.

12 (2) The term ‘‘objective force’’ means the Army

13 that has the organizational structure, the most ad14 vanced equipment that early twenty-first century

15 science and technology can provide, and the appro16 priate doctrine to ensure that the Army is respon17 sive, deployable, agile, versatile, lethal, survivable,

18 and sustainable for the full spectrum of the oper19 ations anticipated to be required of the Army during

20 the early years of the twenty-first century following

21 2010.

22 (3) The term ‘‘interim brigade combat team’’

23 means an Army brigade that is designated by the

24 Secretary of the Army as a brigade combat team

25 and is reorganized and equipped with currently
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1 available equipment in a configuration that effec2 tuates an evolutionary advancement toward trans3 formation of the Army to the objective force.

4 Subtitle C—Navy Programs

5 SEC. 121. CVNX–1 NUCLEAR AIRCRAFT CARRIER PROGRAM.

6 (a) AUTHORIZATION OF SHIP.—The Secretary of the

7 Navy is authorized to procure the aircraft carrier to be

8 designated CVNX–1.

9 (b) ADVANCE PROCUREMENT AND CONSTRUCTION.—

10 The Secretary may enter into one or more contracts for

11 the advance procurement and advance construction of

12 components for the ship authorized under subsection (a).

13 (c) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

14 Of the amounts authorized to be appropriated under sec15 tion 102(a)(3) for fiscal year 2001, $21,869,000 is avail16 able for the advance procurement and advance construc17 tion of components (including nuclear components) for the

18 CVNX–1 aircraft carrier program.

19 SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

20 (a) ECONOMICAL MULTIYEAR PROCUREMENT OF

21 PREVIOUSLY AUTHORIZED VESSELS AND ONE ADDI22 TIONAL VESSEL.—(1) Subsection (b) of section 122 of the

23 National Defense Authorization Act for Fiscal Year 1997

24 (Public Law 104–201; 110 Stat. 2446), as amended by

25 section 122(a) of Public Law 106–65 (113 Stat. 535), is
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1 further amended by striking ‘‘a total of 18 Arleigh Burke

2 class destroyers’’ in the first sentence and all that follows

3 through the period at the end of that sentence and insert4 ing ‘‘Arleigh Burke class destroyers in accordance with

5 this subsection and subsection (a)(4) at procurement rates

6 not in excess of 3 ships in each of the fiscal years begin7 ning after September 30, 1998, and before October 1,

8 2005. The authority under the preceding sentence is sub9 ject to the availability of appropriations for such destroy10 ers.’’.

11 (2) The heading for such subsection is amended by

12 striking ‘‘18’’.

13 (b) ECONOMICAL RATE OF PROCUREMENT.—It is the

14 sense of Congress that, for the procurement of the Arleigh

15 Burke class destroyers to be procured after fiscal year

16 2001 under multiyear contracts authorized under section

17 122(b) of Public Law 104–201—

18 (1) the Secretary of the Navy should—

19 (A) achieve the most economical rate of

20 procurement; and

21 (B) enter into such contracts for advance

22 procurement as may be necessary to achieve

23 that rate of procurement;

24 (2) the most economical rate of procurement

25 would be achieved by procuring 3 of the destroyers
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1 in each of fiscal years 2002 and 2003 and procuring

2 another destroyer in fiscal year 2004; and

3 (3) the Secretary has the authority under sec4 tion 122(b) of Public Law 104–201 (110 Stat.

5 2446) and subsections (b) and (c) of section 122 of

6 Public Law 106–65 (113 Stat. 534) to provide for

7 procurement at the most economical rate, as de8 scribed in paragraph (2).

9 (c) UPDATE OF 1993 REPORT ON DDG–51 CLASS

10 SHIPS.—(1) The Secretary of the Navy shall submit to

11 the Committees on Armed Services of the Senate and the

12 House of Representatives, not later than November 1,

13 2000, a report that updates the information provided in

14 the report of the Secretary of the Navy entitled the

15 ‘‘Arleigh Burke (DDG–51) Class Industrial Base Study

16 of 1993’’. The Secretary shall transmit a copy of the up17 dated report to the Comptroller General not later than the

18 date on which the Secretary submits the report to the

19 committees.

20 (2) The Comptroller General shall review the updated

21 report submitted under paragraph (1) and, not later than

22 December 1, 2000, submit to the Committees on Armed

23 Services of the Senate and House of Representatives the

24 Comptroller General’s comments on the updated report.
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1 SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.

2 (a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—

3 Of the amounts authorized to be appropriated by section

4 102(a)(3) for fiscal year 2001, $1,711,234,000 is available

5 for the Virginia class submarine program.

6 (b) CONTRACT AUTHORITY.—(1) The Secretary of

7 the Navy is authorized to enter into a contract for the

8 procurement of up to five Virginia class submarines, in9 cluding the procurement of material in economic order

10 quantities when cost savings are achievable, during fiscal

11 years 2003 through 2006. The submarines authorized

12 under the preceding sentence are in addition to the sub13 marines authorized under section 121(b) of the National

14 Defense Authorization Act for Fiscal Year 1998 (Public

15 Law 105–85; 111 Stat. 1648).

16 (2) A contract entered into under paragraph (1) shall

17 include a clause that states that any obligation of the

18 United States to make a payment under this contract is

19 subject to the availability of appropriations for that pur20 pose.

21 (c) SHIPBUILDER TEAMING.—Paragraphs (2)(A),

22 (3), and (4) of section 121(b) of Public Law 105–85 apply

23 to the procurement of submarines under this section.

24 (d) LIMITATION OF LIABILITY.—If a contract en25 tered into under this section is terminated, the United

26 States shall not be liable for termination costs in excess
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1 of the total of the amounts appropriated for the Virginia

2 class submarine program that remain available for the

3 program.

4 (e) REPORT REQUIREMENT.—At that same time that

5 the President submits the budget for fiscal year 2002 to

6 Congress under section 1105(a) of title 31, United States

7 Code, the Secretary of Defense shall submit to the con8 gressional defense committees a report on the Navy’s fleet

9 of fast attack submarines. The report shall include the fol10 lowing:

11 (1) A plan for maintaining at least 55 fast at12 tack submarines in commissioned service through

13 2015, including, by 2015, 18 Virginia class sub14 marines.

15 (2) Two assessments of the potential savings

16 that would be achieved under the Virginia class sub17 marine program if the production rate for such pro18 gram were at least two submarines each fiscal year,

19 as follows:

20 (A) An assessment if that were the produc21 tion rate beginning in fiscal year 2004.

22 (B) An assessment if that were the produc23 tion rate beginning in fiscal year 2006.

24 (3) An analysis of the advantages and disadvan25 tages of various contracting strategies for Virginia
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1 class submarine program, including one or more

2 multiyear procurement strategies and one or more

3 strategies for block buy with economic order quan4 tity.

5 SEC. 124. ADC(X) SHIP PROGRAM.

6 Notwithstanding any other provision of law, the Sec7 retary of the Navy may procure the construction of all

8 ADC(X) class ships in one shipyard if the Secretary deter9 mines that it is more cost effective to do so than to pro10 cure the construction of such ships from more than one

11 shipyard.

12 SEC. 125. REFUELING AND COMPLEX OVERHAUL PROGRAM

13 OF THE CVN–69 NUCLEAR AIRCRAFT CAR14 RIER.

15 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

16 Of the amount authorized to be appropriated by section

17 102(a)(3) for fiscal year 2001, $703,441,000 is available

18 for the commencement of the nuclear refueling and com19 plex overhaul of the CVN–69 aircraft carrier during fiscal

20 year 2001. The amount made available in the preceding

21 sentence is the first increment in the incremental funding

22 planned for the nuclear refueling and complex overhaul of

23 the CVN–69 aircraft carrier.

24 (b) CONTRACT AUTHORITY.—The Secretary of the

25 Navy is authorized to enter into a contract during fiscal
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1 year 2001 for the nuclear refueling and complex overhaul

2 of the CVN–69 nuclear aircraft carrier before full funding

3 for the contract is available and to provide for the per4 formance of the contract to begin.

5 Subtitle D—Air Force Programs

6 SEC. 131. REPEAL OF REQUIREMENT FOR ANNUAL REPORT

7 ON B–2 BOMBER AIRCRAFT PROGRAM.

8 Section 112 of the National Defense Authorization

9 Act for Fiscal Years 1990 and 1991 (Public Law 101–

10 189; 103 Stat. 1373), as amended by section 141 of Pub11 lic Law 104–106 (110 Stat. 213), is repealed.

12 Subtitle E—Other Matters

13 SEC. 141. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT

14 AND MUNITIONS DESTRUCTION TECH15 NOLOGIES.

16 (a) LIMITATION.—In determining the technologies to

17 be used for the destruction of the stockpile of lethal chem18 ical agents and munitions at Pueblo Chemical Depot, Col19 orado, whether under the assessment required by section

20 141(a) of the National Defense Authorization Act for Fis21 cal Year 2000 (Public Law 106–65; 113 Stat. 537; 50

22 U.S.C. 1521 note), the Assembled Chemical Weapons As23 sessment, or any other assessment, the Secretary of De24 fense may consider only the following technologies:

25 (1) Incineration.
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1 (2) Any technologies demonstrated under the

2 Assembled Chemical Weapons Assessment on or be3 fore May 1, 2000.

4 (b) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT

5 DEFINED.—As used in subsection (a), the term ‘‘Assem6 bled Chemical Weapons Assessment’’ means the pilot pro7 gram carried out under section 8065 of the Department

8 of Defense Appropriations Act, 1997 (section 101(b) of

9 Public Law 104–208; 110 Stat. 3009–101; 50 U.S.C.

10 1521 note).

11 TITLE II—RESEARCH, DEVELOP12 MENT, TEST, AND EVALUA13 TION

14 Subtitle A—Authorization of

15 Appropriations

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 2001 for the use of the Department of Defense

19 for research, development, test, and evaluation as follows:

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

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

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

23 (4) For Defense-wide activities,

24 $11,275,202,000, of which $223,060,000 is author-
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1 ized for the Director of Operational Test and Eval2 uation.

3 SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

4 (a) FISCAL YEAR 2001.—Of the amounts authorized

5 to be appropriated by section 201, $4,702,604,000 shall

6 be available for basic research and applied research

7 projects.

8 (b) BASIC RESEARCH AND APPLIED RESEARCH DE9 FINED.—For purposes of this section, the term ‘‘basic re10 search and applied research’’ means work funded in pro11 gram elements for defense research and development

12 under Department of Defense category 6.1 or 6.2.

13 Subtitle B—Program Require14 ments, Restrictions, and Limita15 tions

16 SEC. 211. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.

17 (a) REQUIREMENTS.—The Secretary of Defense shall

18 carry out a joint field experiment in fiscal year 2002. The

19 Secretary shall ensure that the planning for the joint field

20 experiment is carried out during fiscal year 2001.

21 (b) PURPOSE.—The purpose of the joint field experi22 ment is to explore the most critical war fighting challenges

23 at the operational level of war that will confront United

24 States joint military forces after 2010.
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1 (c) PARTICIPATING FORCES.—(1) The joint field ex2 periment shall involve elements of Army, Navy, Marine

3 Corps, and Air Force, and shall include special operations

4 forces.

5 (2) The forces designated to participate in the joint

6 field experiment shall exemplify the concepts for organiza7 tion, equipment, and doctrine that are conceived for the

8 forces after 2010 under Joint Vision 2010 (issued by the

9 Joint Chiefs of Staff) and the current vision statements

10 of the Chief of Staff of the Army, the Chief of Naval Oper11 ations and the Commandant of the Marine Corps, and the

12 Chief of Staff of the Air Force, including the following

13 concepts:

14 (A) Air Force expeditionary aerospace forces.

15 (B) Army medium weight brigades.

16 (C) Navy forward from the sea.

17 (d) FUNDING.—Of the amount authorized to be ap18 propriated under section 201(2) for joint experimentation,

19 $6,000,000 shall be available only for planning the joint

20 field experiment required under this section.

21 SEC. 212. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRO22 DUCTION MODELING.

23 Of the amount authorized to be appropriated under

24 section 201(2) for the Navy for nuclear aircraft carrier

25 design and production modeling, $10,000,000 shall be
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1 available for the conversion and development of nuclear

2 aircraft carrier design data into an electronic, three-di3 mensional product model.

4 SEC. 213. DD–21 CLASS DESTROYER PROGRAM.

5 (a) AUTHORITY.—The Secretary of the Navy is au6 thorized to pursue a technology insertion approach for the

7 construction of the DD–21 destroyer on the following

8 schedule:

9 (1) Commencement of construction during fis10 cal year 2004.

11 (2) Delivery of the completed vessel during fis12 cal year 2009.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) there are compelling reasons for starting

16 the program for constructing the DD–21 destroyer

17 in fiscal year 2004 and continuing with sequential

18 construction of DD–21 class destroyers during the

19 ensuing fiscal years until 32 DD–21 class destroyers

20 are constructed; and

21 (2) the Secretary of the Navy, in providing for

22 the acquisition of DD–21 class destroyers, should

23 consider that—

24 (A) the Marine Corps needs the surface

25 fire support capabilities of the DD–21 class de-
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1 stroyers as soon as possible in order to mitigate

2 the inadequacies of the surface fire support ca3 pabilities that are currently available;

4 (B) the Navy and Marine Corps need to

5 resolve whether there is a requirement for sur6 face fire support missile weapon systems to be

7 easily sustainable by means of replenishment

8 while under way;

9 (C) the technology insertion approach has

10 been successful for other ship construction pro11 grams and is being pursued for the CVN(X)

12 and Virginia class submarine programs;

13 (D) the establishment of a stable configu14 ration for the first 10 DD–21 class destroyers

15 should enable the construction of the ships with

16 the greatest capabilities at the lowest cost; and

17 (E) action to acquire DD–21 class destroy18 ers should be taken as soon as possible in order

19 to realize fully the cost savings that can be de20 rived from the construction and operation of

21 DD–21 class destroyers, including—

22 (i) savings in construction costs that

23 would result from achievement of the

24 Navy’s target per-ship cost of
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1 $750,000,000 by the fifth ship constructed

2 in each construction yard;

3 (ii) savings that will result from the

4 estimated reduction of the crews of de5 stroyers by 200 or more personnel for each

6 ship; and

7 (iii) savings that will result from a re8 duction in the operating costs for destroy9 ers by an estimated 70 percent.

10 (c) NAVY PLAN FOR USE OF TECHNOLOGY INSER11 TION APPROACH FOR CONSTRUCTION OF THE DD–21

12 SHIP.—The Secretary of the Navy shall submit to the

13 Committees on Armed Services of the Senate and the

14 House of Representatives, not later than April 18, 2001,

15 a plan for pursuing a technology insertion approach for

16 the construction of the DD–21 destroyer as authorized

17 under subsection (a). The plan shall include estimates of

18 the resources necessary to execute the plan.

19 (d) REPORT ON ACQUISITION AND MAINTENANCE

20 PLAN FOR DD–21 CLASS SHIPS.—The Secretary of De21 fense shall submit to the Committees on Armed Services

22 of the Senate and House of Representatives, not later than

23 April 18, 2001, a report on the Navy’s plan for the acqui24 sition and maintenance of DD–21 class destroyers. The
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1 report shall include a discussion of each of the following

2 matters:

3 (1) The technical feasibility of commencing con4 struction of the DD–21 destroyer in fiscal year 2004

5 and achieving delivery of the completed ship to the

6 Navy during fiscal year 2009.

7 (2) An analysis of the advantages and disadvan8 tages of various contracting strategies for the con9 struction of the first 10 DD–21 class destroyers, in10 cluding one or more multiyear procurement strate11 gies and one or more strategies for block buy in eco12 nomic order quantity.

13 (3) The effects on the destroyer industrial base

14 and on costs to other Navy shipbuilding programs of

15 delaying the commencement of construction of the

16 DD–21 destroyer until fiscal year 2005 and delaying

17 the commencement of construction of the next DD–

18 21 class destroyer until fiscal year 2007.

19 (4) The effects on the fleet maintenance strate20 gies of Navy fleet commanders, on commercial main21 tenance facilities in fleet concentration areas, and on

22 the administration of funds in compliance with sec23 tion 2466 of title 10, United States Code, of award24 ing to a contractor for the construction of a DD–21

25 class destroyer all maintenance workloads for DD–
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1 21 class destroyers that are below depot-level main2 tenance and above ship-level maintenance.

3 SEC. 214. F–22 AIRCRAFT PROGRAM.

4 Section 217(c) of the National Defense Authorization

5 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

6 1660) is amended by adding at the end the following:

7 ‘‘(3) With respect to the limitation in sub8 section (a), an increase by an amount that does not

9 exceed one percent of the total amount of that limi10 tation (taking into account the increases and de11 creases, if any, under paragraphs (1) and (2)) if the

12 Director of Operational Test and Evaluation, after

13 consulting with the Under Secretary of Defense for

14 Acquisition, Technology, and Logistics, determines

15 that the increase is necessary in order to ensure ade16 quate testing.’’.

17 SEC. 215. JOINT STRIKE FIGHTER PROGRAM.

18 (a) REPORT.—Not later than December 15, 2000,

19 the Secretary shall submit to Congress a report on the

20 joint strike fighter program. The report shall contain the

21 following:

22 (1) A description of the program as the pro23 gram has been restructured before the date of the

24 report, including any modified acquisition strategy

25 that has been incorporated into the program.
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1 (2) The exit criteria that have been established

2 to ensure that technical risks are at levels acceptable

3 for entry of the program into engineering and manu4 facturing development.

5 (b) TRANSFERS FROM OTHER NAVY AND AIR FORCE

6 ACCOUNTS.—(1) Notwithstanding any other provision of

7 this Act, the Secretary may transfer to the joint strike

8 fighter program or within the joint strike fighter program

9 amounts authorized to be appropriated under section 201

10 for a purpose other than the purpose of the authorization

11 of appropriations to which transferred, as follows:

12 (A) Of the funds authorized to be appropriated

13 under section 201(2), up to $150,000,000.

14 (B) Of the funds authorized to be appropriated

15 under section 201(3), up to $150,000,000.

16 (2) The transfer authority under paragraph (1) is in

17 addition to the transfer authority provided in section

18 1001.

19 SEC. 216. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UN20 MANNED AERIAL VEHICLE.

21 (a) CONCEPT DEMONSTRATION REQUIRED.—The

22 Secretary of Defense shall require and coordinate a con23 cept demonstration of the Global Hawk high altitude en24 durance unmanned aerial vehicle.
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1 (b) PURPOSE OF DEMONSTRATION.—The purpose of

2 the concept demonstration is to demonstrate the capability

3 of the Global Hawk high altitude endurance unmanned

4 aerial vehicle to operate in an airborne surveillance mode,

5 using available, non-developmental technology.

6 (c) TIME FOR DEMONSTRATION.—The demonstration

7 shall take place as early in fiscal year 2001 as the Sec8 retary determines practicable.

9 (d) PARTICIPATION BY CINCS.—The Secretary shall

10 require the Commander in Chief of the United States

11 Joint Forces Command and the Commander in Chief of

12 the United States Southern Command jointly to provide

13 guidance for the demonstration and otherwise to partici14 pate in the demonstration.

15 (e) SCENARIO FOR DEMONSTRATION.—The dem16 onstration shall be conducted in a counter-drug surveil17 lance scenario that is designed to replicate factual condi18 tions typically encountered in the performance of the

19 counter-drug surveillance mission of the Commander in

20 Chief of the United States Southern Command within that

21 commander’s area of responsibility.

22 (f) REPORT.—Not later than 45 days after the con23 cept demonstration is completed, the Secretary shall sub24 mit to Congress a report on the results of the demonstra25 tion. The report shall include the following:
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1 (1) The Secretary’s assessment of the technical

2 feasibility of using the Global Hawk high altitude

3 endurance unmanned aerial vehicle for airborne air

4 surveillance.

5 (2) A discussion of the operational concept for

6 the use of the vehicle for that purpose.

7 SEC. 217. UNMANNED ADVANCED CAPABILITY AIRCRAFT

8 AND GROUND COMBAT VEHICLES.

9 (a) GOAL.—It shall be a goal of the Armed Forces

10 to achieve the fielding of unmanned, remotely controlled

11 technology such that—

12 (1) by 2010, one-third of the operational deep

13 strike aircraft of the Armed Forces are unmanned;

14 and

15 (2) by 2015, one-third of the operational

16 ground combat vehicles of the Armed Forces are un17 manned.

18 (b) REPORT ON ADVANCED CAPABILITY GROUND

19 COMBAT VEHICLES.—Not later than January 31, 2001,

20 the Secretary of Defense shall submit to the congressional

21 defense committees a report on each of the programs un22 dertaken by the Secretaries of the Army, Navy, and Air

23 Force jointly with the Director of the Defense Advanced

24 Research Projects Agency to demonstrate advanced capa-
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1 bility ground combat vehicles. The report shall include the

2 following for the program of each military department:

3 (1) A schedule for the program, including, in

4 the case of the Army program, a schedule for the

5 demonstration of the capability for unmanned, re6 motely controlled operation of advanced capability

7 ground combat vehicles for the Army.

8 (2) An identification of the funding required for

9 fiscal year 2002 and for the future-years defense

10 program to carry out the program and, in the case

11 of the Army program, for the demonstration de12 scribed in paragraph (1).

13 (3) A description and assessment of the acquisi14 tion strategy for unmanned ground combat vehicles

15 planned by the Secretary of the military department

16 concerned, together with a complete identification of

17 all operation, support, ownership, and other costs re18 quired to carry out such strategy through the year

19 2030.

20 (c) FUNDS.—Of the amount authorized to be appro21 priated for Defense-wide activities under section 201(4)

22 for the Defense Advanced Research Projects Agency,

23 $200,000,000 shall be available only to carry out the pro24 grams referred to in subsection (b).
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1 SEC. 218. ARMY SPACE CONTROL TECHNOLOGY DEVELOP2 MENT.

3 (a) KINETIC ENERGY ANTI-SATELLITE TECH4 NOLOGY PROGRAM.—Of the funds authorized to be appro5 priated under section 201(4), $20,000,000 shall be avail6 able for the kinetic energy anti-satellite technology pro7 gram.

8 (b) OTHER ARMY SPACE CONTROL TECHNOLOGY

9 DEVELOPMENT.—Of the funds authorized to be appro10 priated under section 201(4), $5,000,000 shall be avail11 able for the development of space control technologies that

12 emphasize reversible or temporary effects.

13 (c) LIMITATION.—None of the funds made available

14 pursuant to subsection (b) may be obligated until the

15 funds provided for the kinetic energy anti-satellite tech16 nology program under subsection (a) have been released

17 to the kinetic energy anti-satellite technology program

18 manager.

19 SEC. 219. RUSSIAN AMERICAN OBSERVATION SATELLITES

20 PROGRAM.

21 None of the funds authorized to be appropriated

22 under section 201(4) for the Russian American Observa23 tion Satellites program may be obligated or expended until

24 30 days after the Secretary of Defense submits to Con25 gress a report explaining how the Secretary plans to pro26 tect United States advanced military technology that may
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1 be associated with the Russian American Observation Sat2 ellites program.

3 SEC. 220. JOINT BIOLOGICAL DEFENSE PROGRAM.

4 (a) LIMITATION.—Funds authorized to be appro5 priated by this Act may not be obligated for the procure6 ment of a vaccine for the biological agent anthrax until

7 the Secretary of Defense has submitted to the congres8 sional defense committees the following:

9 (1) A written notification that the Food and

10 Drug Administration has approved for production of

11 the vaccine the manufacturing source from which

12 the Department of Defense is procuring the vaccine

13 as of the date of the enactment of this Act (here14 after in this section referred to as the ‘‘current man15 ufacturer’’).

16 (2) A report on the contingencies associated

17 with continuing to rely on the current manufacturer

18 to supply anthrax vaccine.

19 (b) CONTENT OF REPORT.—The report required

20 under subsection (a)(2) shall include the following:

21 (1) Recommended strategies to mitigate the

22 risk to the Department of Defense of losing the cur23 rent manufacturer as a source of anthrax vaccine,

24 together with a discussion of the criteria to be ap-
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1 plied in determining whether to carry out any of the

2 strategies and which strategy to carry out.

3 (2) Recommended strategies to ensure that the

4 Department of Defense can procure from any source

5 or sources an anthrax vaccine approved by the Food

6 and Drug Administration that meets the require7 ments of the department if—

8 (A) the Food and Drug Administration

9 does not approve the release of the anthrax vac10 cine available from the current manufacturer;

11 or

12 (B) the current manufacturer terminates

13 the production of anthrax vaccine permanently.

14 (3) A five-year budget to support each strategy

15 recommended under paragraph (1) or (2).

16 SEC. 221. REPORT ON BIOLOGICAL WARFARE DEFENSE

17 VACCINE RESEARCH AND DEVELOPMENT

18 PROGRAMS.

19 (a) REQUIREMENT FOR REPORT.—The Secretary of

20 Defense shall submit to the congressional defense commit21 tees, not later than February 1, 2001, a report on the

22 acquisition of biological warfare defense vaccines for the

23 Department of Defense.

24 (b) CONTENT OF REPORT.—The report shall include

25 the following:
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1 (1) The Secretary’s evaluation of the implica2 tions of reliance on the commercial sector to meet

3 the requirements of the Department of Defense for

4 biological warfare defense vaccines.

5 (2) A complete design for a facility at an alter6 native site determined by the Secretary that is de7 signed to be operated under government ownership

8 by a contractor for the production of biological war9 fare defense vaccines to meet the current and future

10 requirements of the Department of Defense for bio11 logical warfare defense vaccines, together with—

12 (A) an estimation of the cost of contractor

13 operation of such a facility for that purpose;

14 (B) a determination, developed in consulta15 tion with the Surgeon General of the United

16 States, on the utility of such a facility to sup17 port civilian vaccine requirements and a discus18 sion of the effects that the use of the facility for

19 that purpose would have on the operating costs

20 for vaccine production at the facility; and

21 (C) an analysis of the effects that inter22 national demand for vaccines would have on the

23 operating costs for vaccine production at such

24 a facility.
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1 (c) BIOLOGICAL WARFARE DEFENSE VACCINE DE2 FINED.—In this section, the term ‘‘biological warfare de3 fense vaccine’’ means a vaccine useful for the immuniza4 tion of military personnel to protect against biological

5 agents on the Validated Threat List issued by the Joint

6 Chiefs of Staff, whether such vaccine is in production or

7 is being developed.

8 Subtitle C—Other Matters

9 SEC. 241. MOBILE OFFSHORE BASE.

10 (a) REPORT.—Not later than March 1, 2001, the

11 Secretary of Defense shall submit to Congress a report

12 on the mobile offshore base concept.

13 (b) CONTENT OF REPORT.—The report shall contain

14 the following:

15 (1) A cost-benefit analysis of the mobile off16 shore base, using operational concepts that would

17 support the National Military Strategy.

18 (2) A recommendation regarding whether to

19 proceed with the mobile offshore base as a program

20 and, if so—

21 (A) a statement regarding which of the

22 Armed Forces is to be designated to have the

23 lead responsibility for the program; and

24 (B) a schedule for the program.
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1 SEC. 242. AIR FORCE SCIENCE AND TECHNOLOGY PLAN2 NING.

3 (a) REPORT.—Not later than one year after the date

4 of the enactment of this Act, the Secretary of the Air

5 Force shall submit to the congressional defense commit6 tees a report on the long-term challenges and short-term

7 objectives of the Air Force science and technology pro8 gram. The report shall include the following:

9 (1) An assessment of the budgetary resources

10 that are being used for fiscal year 2001 for address11 ing the long-term challenges and the short-term ob12 jectives.

13 (2) The budgetary resources that are necessary

14 to address those challenges and objectives ade15 quately.

16 (3) A course of action for any projected or on17 going Air Force science and technology programs

18 that do not address either the long-term challenges

19 or the short-term objectives.

20 (4) The matters required under subsection

21 (b)(5) and (c)(6).

22 (b) LONG-TERM CHALLENGES.—(1) The Secretary

23 of the Air Force shall establish an integrated product team

24 to identify high-risk, high-payoff challenges that will pro25 vide a long-term focus and motivation for the Air Force

26 science and technology program over the next 20 to 50
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1 years. The integrated product team shall include rep2 resentatives of the Office of Scientific Research and per3 sonnel from the Air Force Research Laboratory.

4 (2) The team shall solicit views from the entire Air

5 Force science and technology community on the matters

6 under consideration by the team.

7 (3) The team—

8 (A) shall select for consideration science and

9 technology challenges that involve—

10 (i) compelling requirements of the Air

11 Force;

12 (ii) high-risk, high-payoff areas of explo13 ration; and

14 (iii) very difficult, but probably achievable,

15 results; and

16 (B) should not include as a selected challenge

17 any linear extension of an ongoing Air Force science

18 and technology program.

19 (4) The Deputy Assistant Secretary of the Air Force

20 for Science, Technology, and Engineering shall designate

21 a technical coordinator and a management coordinator for

22 each science and technology challenge identified pursuant

23 to this subsection. Each technical coordinator shall have

24 sufficient expertise in fields related to the challenge to be

25 able to identify other experts and affirm the credibility of
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1 the program. The coordinator for a science and technology

2 challenge shall conduct workshops within the relevant sci3 entific and technological community to obtain suggestions

4 for possible approaches to addressing the challenge, to

5 identify ongoing work that addresses the challenge, to

6 identify gaps in current work relating to the challenge,

7 and to highlight promising areas of research.

8 (5) The report required by subsection (a) shall, at

9 a minimum, provide information on each science and tech10 nology challenge identified pursuant to this subsection and

11 describe the results of the workshops conducted pursuant

12 to paragraph (4), including any work not currently funded

13 by the Air Force that should be performed to meet the

14 challenge.

15 (c) SHORT-TERM OBJECTIVES.—(1) The Secretary

16 of the Air Force shall establish a task force to identify

17 short-term technological objectives of the Air Force

18 science and technology program. The task force shall be

19 chaired by the Deputy Assistant Secretary of the Air

20 Force for Science, Technology, and Engineering and shall

21 include representatives of the Chief of Staff of the Air

22 Force and the specified combatant commands of the Air

23 Force.
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1 (2) The task force shall solicit views from the entire

2 Air Force requirements community, user community, and

3 acquisition community.

4 (3) The task force shall select for consideration short5 term objectives that involve—

6 (A) compelling requirements of the Air Force;

7 (B) support in the user community; and

8 (C) likely attainment of the desired benefits

9 within a 5-year period.

10 (4) The Deputy Assistant Secretary of the Air Force

11 for Science, Technology, and Engineering shall establish

12 an integrated product team for each short-term objective

13 identified pursuant to this subsection. Each integrated

14 product team shall include representatives of the require15 ments community, the user community, and the science

16 and technology community with relevant expertise.

17 (5) The integrated product team for a short-term ob18 jective shall be responsible for—

19 (A) identifying, defining, and prioritizing the

20 enabling capabilities that are necessary for achieving

21 the objective;

22 (B) identifying gaps in the enabling capabilities

23 that must be addressed if the short-term objective is

24 to be achieved; and
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1 (C) working with the Air Force science and

2 technology community to identify science and tech3 nology projects and programs that should be under4 taken to fill each gap in an enabling capability.

5 (6) The report required by subsection (a) shall, at

6 a minimum, describe each short-term science and tech7 nology objective identified pursuant to this subsection and

8 describe the work of the integrated product teams con9 ducted pursuant to paragraph (5), including any gaps

10 identified in enabling capabilities and the science and tech11 nology work that should be undertaken to fill each such

12 gap.

13 TITLE III—OPERATION AND

14 MAINTENANCE

15 Subtitle A—Authorization of

16 Appropriations

17 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

18 Funds are hereby authorized to be appropriated for

19 fiscal year 2001 for the use of the Armed Forces and other

20 activities and agencies of the Department of Defense for

21 expenses, not otherwise provided for, for operation and

22 maintenance, in amounts as follows:

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

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

25 (3) For the Marine Corps, $2,746,558,000.
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1 (4) For the Air Force, $22,389,077,000.

2 (5) For Defense-wide activities,

3 $11,973,569,000.

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

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

6 (8) For the Marine Corps Reserve,

7 $138,959,000.

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

9 (10) For the Army National Guard,

10 $3,222,335,000.

11 (11) For the Air National Guard,

12 $3,450,875,000.

13 (12) For the Defense Inspector General,

14 $144,245,000.

15 (13) For the United States Court of Appeals

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

17 (14) For Environmental Restoration, Army,

18 $389,932,000.

19 (15) For Environmental Restoration, Navy,

20 $294,038,000.

21 (16) For Environmental Restoration, Air Force,

22 $376,300,000.

23 (17) For Environmental Restoration, Defense24 wide, $23,412,000.
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1 (18) For Environmental Restoration, Formerly

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

3 (19) For Overseas Humanitarian, Disaster, and

4 Civic Aid programs, $55,400,000.

5 (20) For Drug Interdiction and Counter-drug

6 Activities, Defense-wide, $845,300,000.

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

8 Remediation, and Environmental Restoration Trust

9 Fund, $25,000,000.

10 (22) For Defense Health Program,

11 $11,401,723,000.

12 (23) For Cooperative Threat Reduction pro13 grams, $458,400,000.

14 (24) For Overseas Contingency Operations

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

16 SEC. 302. WORKING CAPITAL FUNDS.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 2001 for the use of the Armed Forces and other

19 activities and agencies of the Department of Defense for

20 providing capital for working capital and revolving funds

21 in amounts as follows:

22 (1) For the Defense Working Capital Funds,

23 $916,276,000.

24 (2) For the National Defense Sealift Fund,

25 $388,158,000.
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1 SEC. 303. ARMED FORCES RETIREMENT HOME.

2 There is hereby authorized to be appropriated for fis3 cal year 2001 from the Armed Forces Retirement Home

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

5 the Armed Forces Retirement Home, including the United

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

7 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK8 PILE TRANSACTION FUND.

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

10 in appropriations Acts, not more than $150,000,000 is au11 thorized to be transferred from the National Defense

12 Stockpile Transaction Fund to operation and maintenance

13 accounts for fiscal year 2001 in amounts as follows:

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

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

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

17 (b) TREATMENT OF TRANSFERS.—Amounts trans18 ferred under this section—

19 (1) shall be merged with, and be available for

20 the same purposes and the same period as, the

21 amounts in the accounts to which transferred; and

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

23 been denied authorization of appropriations by Con24 gress.

25 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR26 ITY.—The transfer authority provided in this section is in
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1 addition to the transfer authority provided in section

2 1001.

3 Subtitle B—Program Require4 ments, Restrictions, and Limita5 tions

6 SEC. 311. IMPACT AID FOR CHILDREN WITH DISABILITIES.

7 Of the total amount authorized to be appropriated

8 under section 301(5) for payments under section 8003 of

9 the Elementary and Secondary Education Act of 1965 (20

10 U.S.C. 7703), $20,000,000 is available only for payments

11 for children with disabilities under subsection (d) of such

12 section.

13 SEC. 312. JOINT WARFIGHTING CAPABILITIES ASSESSMENT

14 TEAMS.

15 Of the total amount authorized to be appropriated

16 under section 301(5) for the Joint Staff, $4,000,000 is

17 available only for the improvement of the performance of

18 analyses by the joint warfighting capabilities assessment

19 teams of the Joint Requirements Oversight Council.
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1 Subtitle C—Humanitarian and

2 Civic Assistance

3 SEC. 321. INCREASED AUTHORITY TO PROVIDE HEALTH

4 CARE SERVICES AS HUMANITARIAN AND

5 CIVIC ASSISTANCE.

6 Section 401(e)(1) of title 10, United States Code, is

7 amended by striking ‘‘rural areas of a country’’ and insert8 ing ‘‘areas of a country that are rural or are underserved

9 by medical, dental, and veterinary professionals, respec10 tively’’.

11 SEC. 322. USE OF HUMANITARIAN AND CIVIC ASSISTANCE

12 FUNDING FOR PAY AND ALLOWANCES OF

13 SPECIAL OPERATIONS COMMAND RESERVES

14 FURNISHING DEMINING TRAINING AND RE15 LATED ASSISTANCE AS HUMANITARIAN AS16 SISTANCE.

17 Section 401(c) of title 10, United States Code, is

18 amended by adding at the end the following:

19 ‘‘(5) Up to 10 percent of the funds available in any

20 fiscal year for humanitarian and civic assistance described

21 in subsection (e)(5) may be expended for the pay and al22 lowances of reserve component personnel of the Special

23 Operations Command for periods of duty for which the

24 personnel, for a humanitarian purpose, furnish education
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1 and training on the detection and clearance of landmines

2 or furnish related technical assistance.’’.

3 Subtitle D—Department of Defense

4 Industrial Facilities

5 SEC. 331. CODIFICATION AND IMPROVEMENT OF ARMA6 MENT RETOOLING AND MANUFACTURING

7 SUPPORT PROGRAMS.

8 (a) IN GENERAL.—(1) Part IV of subtitle B of title

9 10, United States Code, is amended by inserting after

10 chapter 433 the following:

11 ‘‘CHAPTER 434—ARMAMENTS INDUSTRIAL

12 BASE

‘‘Sec.

‘‘4551. Policy.

‘‘4552. Armament Retooling and Manufacturing Support Initiative.

‘‘4553. Property management contracts and leases.

‘‘4554. ARMS Initiative loan guarantee program.

‘‘4555. Definitions.

13 ‘‘§ 4551. Policy

14 ‘‘It is the policy of the United States—

15 ‘‘(1) to encourage, to the maximum extent prac16 ticable, commercial firms to use Government-owned,

17 contractor-operated ammunition manufacturing fa18 cilities of the Department of the Army;

19 ‘‘(2) to use such facilities for supporting pro20 grams, projects, policies, and initiatives that pro21 mote competition in the private sector of the United
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1 States economy and that advance United States in2 terests in the global marketplace;

3 ‘‘(3) to increase the manufacture of products

4 inside the United States;

5 ‘‘(4) to support policies and programs that pro6 vide manufacturers with incentives to assist the

7 United States in making more efficient and economi8 cal use of Government-owned industrial plants and

9 equipment for commercial purposes;

10 ‘‘(5) to provide, as appropriate, small busi11 nesses (including socially and economically disadvan12 taged small business concerns and new small busi13 nesses) with incentives that encourage those busi14 nesses to undertake manufacturing and other indus15 trial processing activities that contribute to the pros16 perity of the United States;

17 ‘‘(6) to encourage the creation of jobs through

18 increased investment in the private sector of the

19 United States economy;

20 ‘‘(7) to foster a more efficient, cost-effective,

21 and adaptable armaments industry in the United

22 States;

23 ‘‘(8) to achieve, with respect to armaments

24 manufacturing capacity, an optimum level of readi25 ness of the national technology and industrial base
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1 within the United States that is consistent with the

2 projected threats to the national security of the

3 United States and the projected emergency require4 ments of the Armed Forces of the United States;

5 and

6 ‘‘(9) to encourage facility use contracting where

7 feasible.

8 ‘‘§ 4552. Armament Retooling and Manufacturing

9 Support Initiative

10 ‘‘(a) AUTHORITY FOR INITIATIVE.—The Secretary of

11 the Army may carry out a program to be known as the

12 ‘Armament Retooling and Manufacturing Support Initia13 tive’ (hereafter in this chapter referred to as the ‘ARMS

14 Initiative’).

15 ‘‘(b) PURPOSES.—The purposes of the ARMS Initia16 tive are as follows:

17 ‘‘(1) To encourage commercial firms, to the

18 maximum extent practicable, to use Government19 owned, contractor-operated ammunition manufac20 turing facilities of the Department of the Army for

21 commercial purposes.

22 ‘‘(2) To increase the opportunities for small

23 businesses (including socially and economically dis24 advantaged small business concerns and new small

25 businesses) to use such facilities for those purposes.
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1 ‘‘(3) To maintain in the United States a work

2 force having the skills in manufacturing processes

3 that are necessary to meet industrial emergency

4 planned requirements for national security purposes.

5 ‘‘(4) To demonstrate innovative business prac6 tices, to support Department of Defense acquisition

7 reform, and to serve as both a model and a labora8 tory for future defense conversion initiatives of the

9 Department of Defense.

10 ‘‘(5) To the maximum extent practicable, to

11 allow the operation of Government-owned, con12 tractor-operated ammunition manufacturing facili13 ties of the Department of the Army to be rapidly re14 sponsive to the forces of free market competition.

15 ‘‘(6) To reduce or eliminate the cost of owner16 ship of ammunition manufacturing facilities by the

17 Department of the Army, including the costs of op18 erations and maintenance, the costs of environ19 mental remediation, and other costs.

20 ‘‘(7) To reduce the cost of products of the De21 partment of Defense produced at ammunition manu22 facturing facilities of the Department of the Army.

23 ‘‘(8) To leverage private investment at Govern24 ment-owned, contractor-operated ammunition manu25 facturing facilities through long-term facility use
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1 contracts, property management contracts, leases, or

2 other agreements that support and advance the poli3 cies and purposes of this chapter, for the following

4 activities:

5 ‘‘(A) Recapitalization of plant and equip6 ment.

7 ‘‘(B) Environmental remediation.

8 ‘‘(C) Promotion of commercial business

9 ventures.

10 ‘‘(D) Other activities.

11 ‘‘(9) To foster cooperation between the Depart12 ment of the Army, property managers, commercial

13 interests, and State and local agencies in the imple14 mentation of sustainable development strategies and

15 investment in facilities made available for purposes

16 of the ARMS Initiative.

17 ‘‘(10) To reduce or eliminate the cost of asset

18 disposal prior to a declaration by the Secretary of

19 the Army that property is excess to the needs of the

20 Department of the Army.

21 ‘‘(c) AVAILABILITY OF FACILITIES.—(1) The Sec22 retary of the Army may make any Government-owned,

23 contractor-operated ammunition manufacturing facility of

24 the Department of the Army available for the purposes

25 of the ARMS Initiative.
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1 ‘‘(2) The authority under paragraph (1) applies to

2 a facility described in that paragraph without regard to

3 whether the facility is active, inactive, in layaway or care4 taker status, or is designated (in whole or in part) as ex5 cess property under property classification procedures ap6 plicable under title II of the Federal Property and Admin7 istrative Services Act of 1949 (40 U.S.C. 481 et seq.).

8 ‘‘(d) PRECEDENCE OF PROVISION OVER CERTAIN

9 PROPERTY MANAGEMENT LAWS.—The following provi10 sions of law shall not apply to uses of property or facilities

11 in accordance with this section to the extent that such pro12 visions of law are inconsistent with the exercise of the au13 thority of this section:

14 ‘‘(1) Section 2667(a)(3) of this title.

15 ‘‘(2) The Federal Property and Administrative

16 Services Act of 1949 (40 U.S.C. 471 et seq.).

17 ‘‘(3) Section 321 of the Act of June 30, 1932

18 (commonly known as the ‘Economy Act’) (40 U.S.C.

19 303b).

20 ‘‘(e) PROGRAM SUPPORT.—(1) Funds appropriated

21 for purposes of the ARMS Initiative may be used for ad22 ministrative support and management.

23 ‘‘(2) A full annual accounting of such expenses for

24 each fiscal year shall be provided to the Committees on

25 Armed Services and on Appropriations of the Senate and
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1 the House of Representatives not later than March 30 of

2 the following fiscal year.

3 ‘‘§ 4553. Property management contracts and leases

4 ‘‘(a) IN GENERAL.—In the case of each Government5 owned, contractor-operated ammunition manufacturing

6 facility of the Department of the Army that is made avail7 able for the ARMS Initiative, the Secretary of the Army—

8 ‘‘(1) shall make full use of facility use con9 tracts, leases, and other such commercial contractual

10 instruments as may be appropriate;

11 ‘‘(2) shall evaluate, on the basis of efficiency,

12 cost, emergency mobilization requirements, and the

13 goals and purposes of the ARMS Initiative, the pro14 curement of services from the property manager, in15 cluding maintenance, operation, modification, infra16 structure, environmental restoration and remedi17 ation, and disposal of ammunition manufacturing

18 assets, and other services; and

19 ‘‘(3) may, in carrying out paragraphs (1) and

20 (2)—

21 ‘‘(A) enter into contracts, and provide for

22 subcontracts, for terms up to 25 years, as the

23 Secretary considers appropriate and consistent

24 with the needs of the Department of the Army
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1 and the goals and purposes of the ARMS Initia2 tive; and

3 ‘‘(B) use procedures that are authorized to

4 be used under section 2304(c)(5) of this title

5 when the contractor or subcontractor is a

6 source specified in law.

7 ‘‘(b) CONSIDERATION FOR USE.—(1) To the extent

8 provided in a contract entered into under this section for

9 the use of property at a Government-owned, contractor10 operated ammunition manufacturing facility that is ac11 countable under the contract, the Secretary of the Army

12 may accept consideration for such use that is, in whole

13 or in part, in a form other than—

14 ‘‘(A) rental payments; or

15 ‘‘(B) revenue generated at the facility.

16 ‘‘(2) Forms of consideration acceptable under para17 graph (1) for a use of a facility or any property at a facil18 ity include the following:

19 ‘‘(A) The improvement, maintenance, protec20 tion, repair, and restoration of the facility, the prop21 erty, or any property within the boundaries of the

22 installation where the facility is located.

23 ‘‘(B) Reductions in overhead costs.

24 ‘‘(C) Reductions in product cost.
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1 ‘‘(3) The authority under paragraph (1) may be exer2 cised without regard to section 3302(b) of title 31 and

3 any other provision of law.

4 ‘‘(c) REPORTING REQUIREMENT.—Not later than

5 July 1 each year, the Secretary of the Army shall submit

6 to the Committees on Armed Services and on Appropria7 tions of the Senate and the House of Representatives a

8 report on the procedures and controls implemented to

9 carry out this section.

10 ‘‘§ 4554. ARMS Initiative loan guarantee program

11 ‘‘(a) PROGRAM AUTHORIZED.—Subject to subsection

12 (b), the Secretary of the Army may carry out a loan guar13 antee program to encourage commercial firms to use am14 munition manufacturing facilities under this chapter.

15 Under any such program, the Secretary may guarantee

16 the repayment of any loan made to a commercial firm to

17 fund, in whole or in part, the establishment of a commer18 cial activity to use any such facility under this chapter.

19 ‘‘(b) ADVANCED BUDGET AUTHORITY.—Loan guar20 antees under this section may not be committed except

21 to the extent that appropriations of budget authority to

22 cover their costs are made in advance, as required by sec23 tion 504 of the Federal Credit Reform Act of 1990 (2

24 U.S.C. 661c).
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1 ‘‘(c) PROGRAM ADMINISTRATION.—(1) The Secretary

2 may enter into an agreement with any of the officials

3 named in paragraph (2) under which that official may,

4 for the purposes of this section—

5 ‘‘(A) process applications for loan guarantees;

6 ‘‘(B) guarantee repayment of loans; and

7 ‘‘(C) provide any other services to the Secretary

8 to administer the loan guarantee program.

9 ‘‘(2) The officials referred to in paragraph (1) are

10 as follows:

11 ‘‘(A) The Administrator of the Small Business

12 Administration.

13 ‘‘(B) The head of any appropriate agency in the

14 Department of Agriculture, including—

15 ‘‘(i) the Administrator of the Farmers

16 Home Administration; and

17 ‘‘(ii) the Administrator of the Rural Devel18 opment Administration.

19 ‘‘(3) Each official authorized to do so under an agree20 ment entered into under paragraph (1) may guarantee

21 loans under this section to commercial firms of any size,

22 notwithstanding any limitations on the size of applicants

23 imposed on other loan guarantee programs that the offi24 cial administers.
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1 ‘‘(4) To the extent practicable, each official proc2 essing loan guarantee applications under this section pur3 suant to an agreement entered into under paragraph (1)

4 shall use the same processing procedures as the official

5 uses for processing loan guarantee applications under

6 other loan guarantee programs that the official admin7 isters.

8 ‘‘(d) LOAN LIMITS.—The maximum amount of loan

9 principal guaranteed during a fiscal year under this sec10 tion may not exceed—

11 ‘‘(1) $20,000,000, with respect to any single

12 borrower; and

13 ‘‘(2) $320,000,000 with respect to all bor14 rowers.

15 ‘‘(e) TRANSFER OF FUNDS.—The Secretary of the

16 Army may transfer to an official providing services under

17 subsection (c), and that official may accept, such funds

18 as may be necessary to administer the loan guarantee pro19 gram under this section.

20 ‘‘§ 4555. Definitions

21 ‘‘In this chapter:

22 ‘‘(1) The term ‘property manager’ includes any

23 person or entity managing a facility made available

24 under the ARMS Initiative through a property man25 agement contract.
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1 ‘‘(2) The term ‘property management contract’

2 includes facility use contracts, site management con3 tracts, leases, and other agreements entered into

4 under the authority of this chapter.’’.

5 (2) The tables of chapters at the beginning of subtitle

6 B of such title and at the beginning of part IV of such

7 subtitle are amended by inserting after the item relating

8 to chapter 433 the following:

‘‘434. Armaments Industrial Base ................................................ 4551’’.

9 (b) RELATIONSHIP TO NATIONAL DEFENSE TECH10 NOLOGY AND INDUSTRIAL BASE.—(1) Subchapter IV of

11 chapter 148 of title 10, United States Code, is amended—

12 (A) by redesignating section 2525 as section

13 2521; and

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

15 ‘‘§ 2522. Armament retooling and manufacturing

16 ‘‘The Secretary of the Army is authorized by chapter

17 434 of this title to carry out programs for the support

18 of armaments retooling and manufacturing in the national

19 defense industrial and technology base.’’.

20 (2) The table of sections at the beginning of such sub21 chapter is amended by striking the item relating to section

22 2525 and inserting the following:

‘‘2521. Manufacturing Technology Program.

‘‘2522. Armament retooling and manufacturing.’’.
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1 (c) REPEAL OF SUPERSEDED LAW.—The Armament

2 Retooling and Manufacturing Support Act of 1992 (sub3 title H of title I of the National Defense Authorization

4 Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C.

5 2501 note)) is repealed.

6 SEC. 332. CENTERS OF INDUSTRIAL AND TECHNICAL EX7 CELLENCE.

8 (a) DESIGNATION OF ARMY ARSENALS.—(1) Sub9 section (a) of section 2474 of title 10, United States Code,

10 is amended by striking paragraph (1) and inserting the

11 following:

12 ‘‘(1) The Secretary concerned, or the Secretary of

13 Defense in the case of a Defense Agency, shall designate

14 as a Center of Industrial and Technical Excellence in the

15 recognized core competencies of the designee the following:

16 ‘‘(A) Each depot-level activity of the military

17 departments and the Defense Agencies (other than

18 facilities approved for closure or major realignment

19 under the Defense Base Closure and Realignment

20 Act of 1990 (part A of title XXIX of Public Law

21 101–510; 10 U.S.C. 2687 note)).

22 ‘‘(B) Each arsenal of the Army.’’.

23 (2) Paragraph (2) of such subsection is amended—

24 (A) by inserting ‘‘of Defense’’ after ‘‘The Sec25 retary’’; and
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1 (B) by striking ‘‘depot-level activities’’ and in2 serting ‘‘Centers of Industrial and Technical Excel3 lence’’.

4 (3) Paragraph (3) of such subsection is amended by

5 striking ‘‘the efficiency and effectiveness of depot-level op6 erations, improve the support provided by depot-level ac7 tivities’’ and inserting ‘‘the efficiency and effectiveness of

8 operations at Centers of Industrial and Technical Excel9 lence, improve the support provided by the Centers’’.

10 (b) PUBLIC-PRIVATE PARTNERSHIPS.—Subsection

11 (b) of such section is amended to read as follows:

12 ‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS.—(1) To

13 achieve one or more objectives set forth in paragraph (2),

14 the Secretary designating a Center of Industrial and Tech15 nical Excellence under subsection (a) shall authorize and

16 encourage the head of the Center to enter into public-pri17 vate cooperative arrangements that provide any of the fol18 lowing:

19 ‘‘(A) For employees of the Center, private in20 dustry, or other entities outside the Department of

21 Defense—

22 ‘‘(i) to perform (under contract, sub23 contract, or otherwise) work in any of the core

24 competencies of the Center, including any

25 depot-level maintenance and repair work that
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1 involves one or more core competencies of the

2 Center; or

3 ‘‘(ii) to perform at the Center depot-level

4 maintenance and repair work that does not in5 volve a core competency of the Center.

6 ‘‘(B) For private industry or other entities out7 side the Department of Defense to use, for any pe8 riod of time determined to be consistent with the

9 needs of the Department of Defense, any facilities or

10 equipment of the Center that are not fully utilized

11 by a military department for its own production or

12 maintenance requirements.

13 ‘‘(2) The objectives for exercising the authority pro14 vided in paragraph (1) are as follows:

15 ‘‘(A) To maximize the utilization of the capacity

16 of a Center of Industrial and Technical Excellence.

17 ‘‘(B) To reduce or eliminate the cost of owner18 ship of a Center by the Department of Defense in

19 such areas of responsibility as operations and main20 tenance and environmental remediation.

21 ‘‘(C) To reduce the cost of products of the De22 partment of Defense produced or maintained at a

23 Center.

24 ‘‘(D) To leverage private sector investment in—
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1 ‘‘(i) such efforts as plant and equipment

2 recapitalization for a Center; and

3 ‘‘(ii) the promotion of the undertaking of

4 commercial business ventures at a Center.

5 ‘‘(E) To foster cooperation between the armed

6 forces and private industry.

7 ‘‘(3) A public-private cooperative arrangement en8 tered into under this subsection shall be known as a ‘pub9 lic-private partnership’.

10 ‘‘(4) The Secretary designating a Center of Industrial

11 and Technical Excellence under subsection (a) may waive

12 the condition in paragraph (1)(A) and subsection (a)(1)

13 of section 2553 of this title that an article or service must

14 be not available (as defined in subsection (g)(2) of such

15 section) from a United States commercial source in the

16 case of a particular article or service of a public-private

17 partnership if the Secretary determines that the waiver

18 is necessary to achieve one or more objectives set forth

19 in paragraph (2).

20 ‘‘(5) In any sale of articles manufactured or services

21 performed by employees of a Center pursuant to a waiver

22 under paragraph (4), the Secretary shall charge the full

23 cost of manufacturing the articles or performing the serv24 ices, as the case may be. The full cost charged shall in25 clude both direct costs and indirect costs.’’.
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1 (c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—

2 Such section is further amended—

3 (1) striking subsection (d);

4 (2) by redesignating subsection (c) as sub5 section (d); and

6 (3) by inserting after subsection (b) the fol7 lowing new subsection (c):

8 ‘‘(c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—

9 Any facilities or equipment of a Center of Industrial and

10 Technical Excellence made available to private industry

11 may be used to perform maintenance or to produce goods

12 in order to make more efficient and economical use of Gov13 ernment-owned industrial plants and encourage the cre14 ation and preservation of jobs to ensure the availability

15 of a workforce with the necessary manufacturing and

16 maintenance skills to meet the needs of the armed

17 forces.’’.

18 (d) CREDITING OF AMOUNTS FOR PERFORMANCE.—

19 Subsection (d) of such section, as redesignated by sub20 section (c)(2), is amended by adding at the end the fol21 lowing: ‘‘Consideration in the form of rental payments or

22 (notwithstanding section 3302(b) of title 31) in other

23 forms may be accepted for a use of property accountable

24 under a contract performed pursuant to this section. Not25 withstanding section 2667(d) of this title, revenues gen-
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1 erated pursuant to this section shall be available for facil2 ity operations, maintenance, and environmental restora3 tion at the Center where the leased property is located.’’.

4 (e) AVAILABILITY OF EXCESS EQUIPMENT TO PRI5 VATE-SECTOR PARTNERS.—Such section is further

6 amended by adding at the end the following:

7 ‘‘(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRI8 VATE-SECTOR PARTNERS.—Equipment or facilities of a

9 Center of Industrial and Technical Excellence may be

10 made available for use by a private-sector entity under this

11 section only if—

12 ‘‘(1) the use of the equipment or facilities will

13 not have a significant adverse effect on the readiness

14 of the armed forces, as determined by the Secretary

15 concerned or, in the case of a Center in a Defense

16 Agency, by the Secretary of Defense; and

17 ‘‘(2) the private-sector entity agrees—

18 ‘‘(A) to reimburse the Department of De19 fense for the direct and indirect costs (including

20 any rental costs) that are attributable to the

21 entity’s use of the equipment or facilities, as de22 termined by that Secretary; and

23 ‘‘(B) to hold harmless and indemnify the

24 United States from—
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1 ‘‘(i) any claim for damages or injury

2 to any person or property arising out of

3 the use of the equipment or facilities, ex4 cept in a case of willful conduct or gross

5 negligence; and

6 ‘‘(ii) any liability or claim for damages

7 or injury to any person or property arising

8 out of a decision by the Secretary con9 cerned or the Secretary of Defense to sus10 pend or terminate that use of equipment or

11 facilities during a war or national emer12 gency.’’.

13 (f) LOAN GUARANTEE PROGRAM FOR SUPPORT OF

14 PUBLIC-PRIVATE PARTNERSHIPS.—Chapter 146 of title

15 10, United States Code, is amended by adding at the end

16 the following:

17 ‘‘§ 2475. Centers of Industrial and Technical Excel18 lence: loan guarantee program for sup19 port of public-private partnerships

20 ‘‘(a) PROGRAM AUTHORIZED.—Subject to subsection

21 (b), the Secretary of Defense may carry out a loan guar22 antee program to encourage commercial firms to use Cen23 ters of Industrial and Technical Excellence pursuant to

24 section 2474 of this title. Under any such program, the

25 Secretary may guarantee the repayment of any loan made
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1 to a commercial firm to fund, in whole or in part, the es2 tablishment of public-private partnerships authorized

3 under subsection (b) of such section.

4 ‘‘(b) ADVANCED BUDGET AUTHORITY.—Loan guar5 antees under this section may not be committed except

6 to the extent that appropriations of budget authority to

7 cover their costs are made in advance, as required by sec8 tion 504 of the Federal Credit Reform Act of 1990 (2

9 U.S.C. 661c).

10 ‘‘(c) PROGRAM ADMINISTRATION.—(1) The Secretary

11 may enter into an agreement with any of the officials

12 named in paragraph (2) under which that official may,

13 for the purposes of this section—

14 ‘‘(A) process applications for loan guarantees;

15 ‘‘(B) guarantee repayment of loans; and

16 ‘‘(C) provide any other services to the Secretary

17 to administer the loan guarantee program.

18 ‘‘(2) The officials referred to in paragraph (1) are

19 as follows:

20 ‘‘(A) The Administrator of the Small Business

21 Administration.

22 ‘‘(B) The head of any appropriate agency in the

23 Department of Agriculture, including—

24 ‘‘(i) the Administrator of the Farmers

25 Home Administration; and
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1 ‘‘(ii) the Administrator of the Rural Devel2 opment Administration.

3 ‘‘(3) Each official authorized to do so under an agree4 ment entered into under paragraph (1) may guarantee

5 loans under this section to commercial firms of any size,

6 notwithstanding any limitations on the size of applicants

7 imposed on other loan guarantee programs that the offi8 cial administers.

9 ‘‘(4) To the extent practicable, each official proc10 essing loan guarantee applications under this section pur11 suant to an agreement entered into under paragraph (1)

12 shall use the same processing procedures as the official

13 uses for processing loan guarantee applications under

14 other loan guarantee programs that the official admin15 isters.

16 ‘‘(d) LOAN LIMITS.—The maximum amount of loan

17 principal guaranteed during a fiscal year under this sec18 tion may not exceed—

19 ‘‘(1) $20,000,000, with respect to any single

20 borrower; and

21 ‘‘(2) $320,000,000 with respect to all bor22 rowers.

23 ‘‘(e) TRANSFER OF FUNDS.—The Secretary of De24 fense may transfer to an official providing services under

25 subsection (c), and that official may accept, such funds
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1 as may be necessary to administer the loan guarantee pro2 gram under this section.’’.

3 (g) USE OF WORKING CAPITAL-FUNDED FACILI4 TIES.—Section 2208(j) of title 10, United States Code,

5 is amended—

6 (1) by striking ‘‘contract; and’’ in paragraph

7 (1) and all that follows through ‘‘(2) the Depart8 ment of Defense’’ in paragraph (2) and inserting the

9 following: ‘‘contract, and the Department of De10 fense’’;

11 (2) by striking the period at the end and insert12 ing ‘‘; or’’; and

13 (3) by adding at the end the following:

14 ‘‘(2) the Secretary would advance the objectives

15 set forth in section 2474(b)(2) of this title by au16 thorizing the facility to do so.’’.

17 (h) REPEAL OF GENERAL AUTHORITY TO LEASE

18 EXCESS DEPOT-LEVEL EQUIPMENT AND FACILITIES TO

19 OUTSIDE TENANTS.—Section 2471 of title 10, United

20 States Code, is repealed.

21 (i) CLERICAL AMENDMENTS.—The table of sections

22 at the beginning of chapter 146 of such title is amended—

23 (1) by striking the item relating to section

24 2471; and

25 (2) by adding at the end the following:
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‘‘2475. Centers of Industrial and Technical Excellence: loan guarantee program

for support of public-private partnerships.’’.

1 SEC. 333. EFFECTS OF OUTSOURCING ON OVERHEAD

2 COSTS OF CENTERS OF INDUSTRIAL AND

3 TECHNICAL EXCELLENCE AND AMMUNITION

4 PLANTS.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) Centers of Industrial and Technical Excel8 lence and ammunition plants of the United States

9 comprise a vital component of the national tech10 nology and industrial base that ensures that there is

11 sufficient domestic industrial capacity to meet the

12 needs of the Armed Forces for certain critical de13 fense equipment and supplies in time of war or na14 tional emergency.

15 (2) Underutilization of the Centers of Industrial

16 and Technical Excellence and ammunition plants in

17 peacetime does not diminish the critical importance

18 of those centers and ammunition plants to the na19 tional defense.

20 (b) REQUIREMENT FOR REPORTS.—(1) Subchapter

21 V of chapter 148 of title 10, United States Code, is

22 amended by adding at the end the following:
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1 ‘‘§ 2539c. Centers of Industrial and Technical Excel2 lence and ammunition plants of the

3 United States: effects of outsourcing on

4 overhead costs

5 ‘‘Not later than 30 days before any official of the De6 partment of Defense enters into a contract with a private

7 sector source for the performance of a workload already

8 being performed by more than 50 employees at a Center

9 of Industrial and Technical Excellence designated under

10 section 2474(a) of this title or an ammunition plant of

11 the United States, the Secretary of Defense shall submit

12 to Congress a report describing the effect that the per13 formance and administration of the contract will have on

14 the overhead costs of the center or ammunition plant, as

15 the case may be.’’.

16 (2) The table of sections at the beginning of sub17 chapter V of such chapter is amended by adding at the

18 end the following:

‘‘2539c. Centers of Industrial and Technical Excellence and ammunition plants

of the United States: effects of outsourcing on overhead

costs.’’.

19 SEC. 334. REVISION OF AUTHORITY TO WAIVE LIMITATION

20 ON PERFORMANCE OF DEPOT-LEVEL MAIN21 TENANCE.

22 Section 2466(c) of title 10, United States Code, is

23 amended to read as follows:
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1 ‘‘(c) WAIVER OF LIMITATION.—The President may

2 waive the limitation in subsection (a) for a fiscal year if—

3 ‘‘(1) the President determines that—

4 ‘‘(A) the waiver is necessary for reasons of

5 national security; and

6 ‘‘(B) compliance with the limitation cannot

7 be achieved through effective management of

8 depot operations consistent with those reasons;

9 and

10 ‘‘(2) the President submits to Congress a notifi11 cation of the waiver together with a discussion of the

12 reasons for the waiver.’’.

13 Subtitle E—Environmental

14 Provisions

15 SEC. 341. ENVIRONMENTAL RESTORATION ACCOUNTS.

16 (a) ADDITIONAL ACCOUNT FOR FORMERLY USED

17 DEFENSE SITES.—Subsection (a) of section 2703 of title

18 10, United States Code, is amended by adding at the end

19 the following new paragraph:

20 ‘‘(5) An account to be known as the ‘Environ21 mental Restoration Account, Formerly Used Defense

22 Sites’.’’.

23 (b) ACCOUNTS AS SOLE SOURCE OF FUNDS FOR OP24 ERATION AND MONITORING OF ENVIRONMENTAL REM-
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1 EDIES.—That section is further amended by adding at the

2 end the following:

3 ‘‘(f) ACCOUNTS AS SOLE SOURCE OF FUNDS FOR

4 ENVIRONMENTAL REMEDIES.—(1) The sole source of

5 funds for the long-term operation and monitoring of an

6 environmental remedy at a facility under the jurisdiction

7 of the Department of Defense shall be the applicable envi8 ronmental restoration account under subsection (a).

9 ‘‘(2) In this subsection, the term ‘environmental rem10 edy’ shall have the meaning given the term ‘remedy’ under

11 section 101(24) of CERCLA (42 U.S.C. 9601(24)).’’.

12 SEC. 342. PAYMENT OF FINES AND PENALTIES FOR ENVI13 RONMENTAL COMPLIANCE VIOLATIONS.

14 (a) PAYMENT OF FINES AND PENALTIES.—(1) Chap15 ter 160 of title 10, United States Code, is amended by

16 adding at the end the following new section:

17 ‘‘§ 2710. Environmental compliance: payment of fines

18 and penalties for violations

19 ‘‘(a) IN GENERAL.—The Secretary of Defense or the

20 Secretary of a military department may not pay a fine

21 or penalty for an environmental compliance violation that

22 is imposed against the Department of Defense or such

23 military department, as the case may be, unless the pay24 ment of the fine or penalty is specifically authorized by

25 law, if—
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1 ‘‘(1) the amount of the fine or penalty (includ2 ing any supplemental environmental projects carried

3 out as part of such penalty) is $1,500,000 or more;

4 or

5 ‘‘(2) the fine or penalty is based on the applica6 tion of economic benefit criteria or size-of-business

7 criteria.

8 ‘‘(b) DEFINITIONS.—In this section:

9 ‘‘(1)(A) Except as provided in subparagraph

10 (B), the term ‘environmental compliance’, in the

11 case of on-going operations, functions, or activities

12 at a Department of Defense facility, means the ac13 tivities necessary to ensure that such operations,

14 functions, or activities meet requirements under ap15 plicable environmental law.

16 ‘‘(B) The term does not include operations,

17 functions, or activities relating to environmental res18 toration under this chapter that are conducted using

19 funds in an environmental restoration account under

20 section 2703(a) of this title.

21 ‘‘(2) The term ‘economic benefit criteria’, in the

22 case of the imposition of a fine or penalty for an en23 vironmental compliance violation, means criteria

24 which determine the existence of the violation, or the

25 amount of the fine or penalty, based on the assump-
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1 tion that a competitive advantage was gained by a

2 failure to invest money necessary to achieve the envi3 ronmental compliance concerned.

4 ‘‘(3) The term ‘size-of-business criteria’, in the

5 case of the imposition of a fine or penalty for an en6 vironmental compliance violation, means criteria

7 which determine the existence of the violation, or the

8 amount of the fine or penalty, based on an assess9 ment of an entity’s net worth and on assumptions

10 regarding the entity’s ability to pay the fine or pen11 alty.

12 ‘‘(4) The term ‘violation’, in the case of envi13 ronmental compliance, means an act or omission re14 sulting in the failure to ensure the compliance.’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by adding at the end the following

17 new item:

‘‘2710. Environmental compliance: payment of fines and penalties for violations.’’.

18 (b) APPLICABILITY.—(1) Section 2710 of title 10,

19 United States Code (as added by subsection (a)), shall

20 take effect on the date of the enactment of this Act.

21 (2) Subsection (a)(1) of that section, as so added,

22 shall not apply with respect to any supplemental environ23 mental projects referred to in that subsection that were

24 agreed to before the date of the enactment of this Act.
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1 SEC. 343. ANNUAL REPORTS UNDER STRATEGIC ENVIRON2 MENTAL RESEARCH AND DEVELOPMENT

3 PROGRAM.

4 (a) REPEAL OF REQUIREMENT FOR ANNUAL RE5 PORT FROM SCIENTIFIC ADVISORY BOARD.—Section

6 2904 of title 10, United States Code, is amended—

7 (1) by striking subsection (h); and

8 (2) by redesignating subsection (i) as subsection

9 (h).

10 (b) INCLUSION OF ACTIONS OF BOARD IN ANNUAL

11 REPORTS OF COUNCIL.—Section 2902(d)(3) of such title

12 is amended by adding at the end the following subpara13 graph:

14 ‘‘(D) A summary of the actions of the

15 Strategic Environmental Research and Develop16 ment Program Scientific Advisory Board during

17 the year preceding the year in which the report

18 is submitted and any recommendations, includ19 ing recommendations on program direction and

20 legislation, that the Advisory Board considers

21 appropriate regarding the program.’’.

22 SEC. 344. MODIFICATION OF AUTHORITY FOR INDEM23 NIFICATION OF TRANSFEREES OF CLOSING

24 DEFENSE PROPERTY.

25 (a) INDEMNIFICATION.—Subsection (a) of section

26 330 of the National Defense Authorization Act for Fiscal
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1 Year 1993 (Public Law 104–484; 10 U.S.C. 2687 note)

2 is amended—

3 (1) in paragraph (1), by striking ‘‘and suit’’

4 and all that follows through the end and inserting

5 the following: ‘‘any suit, claim, demand or action,

6 administrative order or demand, liability, judgment,

7 cost, or other fee arising out of—

8 ‘‘(A) any claim for personal injury or property

9 damage (including death, illness, or loss or damage

10 to property) that results from, or is in any manner

11 predicated upon, the release or threatened release of

12 any hazardous substance, pollutant or contaminant,

13 petroleum or petroleum derivative, or unexploded

14 ordnance as a result of Department of Defense ac15 tivities at a military installation (or any portion

16 thereof) that is closed or realigned pursuant to a

17 base closure law; or

18 ‘‘(B) subject to paragraph (4), any legally bind19 ing obligation to respond or pay response costs pur20 suant to the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 1980 (42

22 U.S.C. 9601 et seq.), any other Federal law, or any

23 State law, that results from, or is in any manner

24 predicated upon, a release or threatened release de25 scribed in subparagraph (A).’’;
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1 (2) in paragraph (3)—

2 (A) by striking ‘‘To the extent’’ and insert3 ing ‘‘(A) Except as provided in subparagraph

4 (B), to the extent’’; and

5 (B) by adding at the end the following:

6 ‘‘(B) The Secretary of the military department con7 cerned may enter into an agreement in connection with

8 any transfer of property covered by paragraph (2) which

9 agreement shall specify the contribution of any person or

10 entity described in that paragraph to a release or threat11 ened release covered by this subsection. The specification

12 of a contribution to a release or threatened release under

13 this subparagraph shall govern indemnification for the re14 lease or threatened release under this subsection, except

15 to the extent later evidence disproves the specification.’’;

16 and

17 (3) by adding at the end the following:

18 ‘‘(4) Indemnification under paragraph (1)(B) with

19 respect to a military installation (or portion thereof) shall

20 cease five years after the date on which the Secretary of

21 the military department concerned provides the covenant

22 referred to in section 120(h)(3)(A)(ii)(I) of the Com23 prehensive Environmental Response, Compensation, and

24 Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)(ii)(I))
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1 with respect to the military installation (or portion there2 of).’’.

3 (b) CONDITIONS OF INDEMNIFICATION.—Subsection

4 (b) of that section is amended by striking paragraphs (1)

5 through (4) and inserting the following new paragraphs:

6 ‘‘(1) notifies the Secretary of the military de7 partment concerned and the Attorney General in

8 writing—

9 ‘‘(A) within two months after the filing of

10 any suit, claim, or demand or action, or the

11 issuance of any administrative order or demand,

12 that reasonably could be expected to give rise to

13 a liability, judgment, cost, or other fee to which

14 subsection (a)(1) could apply; and

15 ‘‘(B) before the settlement or other resolu16 tion of such suit, claim, demand or action, or

17 order or demand;

18 ‘‘(2) furnishes to the Secretary of the military

19 department concerned and the Attorney General

20 copies of any pertinent papers the person or entity

21 receives;

22 ‘‘(3) furnishes to the Secretary of the military

23 department and the Attorney General evidence or

24 proof of any suit, claim, demand or action, adminis-
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1 trative order or demand, liability, judgment, cost, or

2 other fee; and

3 ‘‘(4) provides, upon request of the Secretary of

4 the military department concerned or the Attorney

5 General, access to records and personnel of the per6 son or entity for purposes of defending or settling

7 the suit, claim, demand or action, or order or de8 mand.’’.

9 (c) SETTLEMENT AUTHORITY OF SECRETARY OF DE10 FENSE.—Subsection (c)(1) of that section is amended—

11 (1) by inserting ‘‘administrative order or de12 mand,’’ after ‘‘demand or action,’’; and

13 (2) by striking ‘‘or property damage’’ both

14 places it appears and inserting ‘‘, property damage,

15 or environmental response or response cost’’.

16 (d) CONFORMING REPEAL.—That section is further

17 amended—

18 (1) by striking subsection (d); and

19 (2) by redesignating subsections (e) and (f) as

20 subsections (d) and (e), respectively.

21 (e) DEFINITIONS.—Subsection (e) of that section, as

22 redesignated by subsection (d)(2) of this section, is further

23 amended by striking paragraph (1) and inserting the fol24 lowing new paragraph (1):
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1 ‘‘(1) The terms ‘facility’, ‘hazardous substance’,

2 ‘release’, ‘response’, and ‘pollutant or contaminant’

3 have the meanings given such terms in paragraphs

4 (9), (14), (22), (25), and (33) of section 101 of the

5 Comprehensive Environmental Response, Compensa6 tion, and Liability Act of 1980, respectively (42

7 U.S.C. 9601(9), (14), (22), (25), and (33)).’’.

8 SEC. 345. PAYMENT OF FINES OR PENALTIES IMPOSED FOR

9 ENVIRONMENTAL COMPLIANCE VIOLATIONS

10 AT CERTAIN DEPARTMENT OF DEFENSE FA11 CILITIES.

12 (a) ARMY.—The Secretary of the Army may, from

13 amounts authorized to be appropriated for the Army by

14 this title and available for such purpose, utilize amounts

15 for the purposes and at the locations, as follows:

16 (1) $993,000 for a Supplemental Environ17 mental Project to implement an installation-wide

18 hazardous substance management system at Walter

19 Reed Army Medical Center, Washington, District of

20 Columbia, in satisfaction of a fine imposed by Envi21 ronmental Protection Agency Region 3 under the

22 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

23 (2) $377,250 for a Supplemental Environ24 mental Project to install new parts washers at Fort

25 Campbell, Kentucky, in satisfaction of a fine im-
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1 posed by Environmental Protection Agency Region 4

2 under the Solid Waste Disposal Act.

3 (3) $20,701 for a Supplemental Environmental

4 Project to upgrade the wastewater treatment plant

5 at Fort Gordon, Georgia, in satisfaction of a fine

6 imposed by the State of Georgia under the Solid

7 Waste Disposal Act.

8 (4) $78,500 for Supplemental Environmental

9 Projects to reduce the generation of hazardous waste

10 at Pueblo Chemical Depot, Colorado, in satisfaction

11 of a fine imposed by the State of Colorado under the

12 Solid Waste Disposal Act.

13 (5) $20,000 for a Supplemental Environmental

14 Project to repair cracks in floors of igloos used to

15 store munitions hazardous waste at Deseret Chem16 ical Depot, Utah, in satisfaction of a fine imposed

17 by the State of Utah under the Solid Waste Disposal

18 Act.

19 (b) NAVY.—The Secretary of the Navy may, from

20 amounts authorized to be appropriated for the Navy by

21 this title and available for such purpose, utilize amounts

22 for the purposes and at the locations, as follows:

23 (1) $108,800 for payment to the West Virginia

24 Division of Environmental Protection of a cash pen-
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1 alty with respect to Allegany Ballistics Laboratory,

2 West Virginia, under the Solid Waste Disposal Act.

3 (2) $5,000 for payment to Environmental Pro4 tection Agency Region 6 of a cash penalty with re5 spect to Naval Air Station, Corpus Christi, Texas,

6 under the Clean Air Act (42 U.S.C. 7401).

7 SEC. 346. REIMBURSEMENT FOR CERTAIN COSTS IN CON8 NECTION WITH THE FORMER NANSEMOND

9 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.

10 (a) AUTHORITY.—The Secretary of Defense may pay,

11 using funds described in subsection (b), not more than

12 $98,210 to the Former Nansemond Ordnance Depot Site

13 Special Account within the Hazardous Substance Super14 fund established by section 9507 of the Internal Revenue

15 Code of 1986 (26 U.S.C. 9507) to reimburse the Environ16 mental Protection Agency for costs incurred by the agency

17 in overseeing a time critical removal action under

18 CERCLA being performed by the Department of Defense

19 under the Defense Environmental Restoration Program

20 for ordnance and explosive safety hazards at the Former

21 Nansemond Ordnance Depot Site, Suffolk, Virginia, pur22 suant to an Interagency Agreement entered into by the

23 Department of the Army and the Environmental Protec24 tion Agency on January 3, 2000.
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1 (b) SOURCE OF FUNDS.—Any payment under sub2 section (a) shall be made using amounts authorized to be

3 appropriated by section 301 to the Environmental Res4 toration Account, Formerly Used Defense Sites, estab5 lished by paragraph (5) of section 2703(a) of title 10,

6 United States Code, as added by section 341(a) of this

7 Act.

8 (c) DEFINITIONS.—In this section:

9 (1) The term ‘‘CERCLA’’ means the Com10 prehensive Environmental Response, Compensation,

11 and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

12 (2) The term ‘‘Defense Environmental Restora13 tion Program’’ means the program of environmental

14 restoration carried out under chapter 160 of title 10,

15 United States Code.

16 SEC. 347. ENVIRONMENTAL RESTORATION ACTIVITIES.

17 (a) AUTHORITY TO USE FUNDS FOR FACILITIES RE18 LOCATION.—During the period beginning on October 1,

19 2000, and ending on September 30, 2003, the Secretary

20 concerned may use funds available under section 2703 of

21 title 10, United States Code, to pay for the costs of perma22 nently relocating facilities because of a release or threat23 ened release of hazardous substances, pollutants, or con24 taminants from—
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1 (1) real property or facilities currently under

2 the jurisdiction of the Secretary of Defense; or

3 (2) real property or facilities that were under

4 the jurisdiction of the Secretary of Defense at the

5 time of the actions leading to such release or threat6 ened release.

7 (b) LIMITATIONS.—(1) The Secretary concerned may

8 not pay the costs of permanently relocating facilities under

9 subsection (a) unless the Secretary concerned determines

10 in writing that such permanent relocation of facilities is

11 part of a response action that—

12 (A) has the support of the affected community;

13 (B) has the approval of relevant regulatory

14 agencies; and

15 (C) is the most cost effective response action

16 available.

17 (2) Not more than 5 percent of the funds available

18 under section 2703 of title 10, United States Code, in any

19 fiscal year may be used to pay the costs of permanently

20 relocating facilities pursuant to the authority in subsection

21 (a).

22 (c) REPORTS.—(1) Not later than November 30 of

23 each of 2001, 2002, and 2003, the Secretary of Defense

24 shall submit to Congress a report on each response action
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1 for which a written determination has been made under

2 subsection (b)(1) in the fiscal year ending in such year.

3 (2) Each report for a fiscal year under paragraph (1)

4 shall contain the following:

5 (A) A copy of each written determination under

6 subsection (b)(1) during such fiscal year.

7 (B) A description of the response action taken

8 or to be taken in connection with each such written

9 determination.

10 (C) A statement of the costs incurred or to be

11 incurred in connection with the permanent relocation

12 of facilities covered by each such written determina13 tion.

14 (d) SECRETARY CONCERNED DEFINED.—In this sec15 tion, the term ‘‘Secretary concerned’’ means the following:

16 (1) The Secretary of a military department,

17 with regard to real property or facilities for which

18 such military department is the lead agency.

19 (2) The Secretary of Defense, for any other real

20 property or facilities.

21 SEC. 348. SHIP DISPOSAL PROJECT.

22 (a) CONTINUATION OF PROJECT.—(1) Subject to the

23 provisions of this subsection, the Secretary of the Navy

24 shall continue to carry out a ship disposal project within

25 the United States during fiscal year 2001.
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1 (2) The scope of the ship disposal project shall be

2 sufficient to permit the Secretary to assemble appropriate

3 data on the cost of scrapping ships.

4 (3) The Secretary shall use competitive procedures to

5 award all task orders under the primary contracts under

6 the ship disposal project.

7 (b) REPORT.—Not later than December 31, 2000,

8 the Secretary shall submit to the congressional defense

9 committees a report on the ship disposal project referred

10 to in subsection (a). The report shall contain the following:

11 (1) A description of the competitive procedures

12 used for the solicitation and award of all task orders

13 under the project.

14 (2) A description of the task orders awarded

15 under the project.

16 (3) An assessment of the results of the project

17 as of the date of the report, including the perform18 ance of contractors under the project.

19 (4) The proposed strategy of the Navy for fu20 ture procurement of ship scrapping activities.

21 SEC. 349. REPORT ON DEFENSE ENVIRONMENTAL SECU22 RITY CORPORATE INFORMATION MANAGE23 MENT PROGRAM.

24 (a) REPORT REQUIRED.—Not later than 60 days

25 after the date of the enactment of this Act, the Secretary
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1 of Defense shall submit to the congressional defense com2 mittees a report on the Defense Environmental Security

3 Corporate Information Management program.

4 (b) REPORT ELEMENTS.—The report under sub5 section (a) shall include the following elements:

6 (1) The recommendations of the Secretary for

7 the future mission of the Defense Environmental Se8 curity Corporate Information Management program.

9 (2) A discussion of the means by which the pro10 gram will address or provide the following:

11 (A) Information access procedures which

12 keep pace with current and evolving require13 ments for information access.

14 (B) Data standardization and systems in15 tegration.

16 (C) Product failures and cost-effective re17 sults.

18 (D) User confidence and utilization.

19 (E) Program continuity.

20 (F) Program accountability, including ac21 countability for all past, current, and future ac22 tivities funded under the program.

23 (G) Program management and oversight.

24 (H) Program compliance with applicable

25 requirements of the Clinger-Cohen Act of 1996
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1 (divisions D and E of Public Law 104–106)

2 and applicable requirements under other provi3 sions of law.

4 SEC. 350. REPORT ON PLASMA ENERGY PYROLYSIS SYS5 TEM.

6 (a) REPORT REQUIRED.—Not later than October 1,

7 2000, the Secretary of the Army shall submit to the con8 gressional defense committees a report on the Plasma En9 ergy Pyrolysis System (PEPS).

10 (b) REPORT ELEMENTS.—The report on the Plasma

11 Energy Pyrolysis System under subsection (a) shall in12 clude the following:

13 (1) An analysis of available information and

14 data on the fixed-transportable unit demonstration

15 phase of the System and on the mobile unit dem16 onstration phase of the System.

17 (2) Recommendations regarding future applica18 tions for each phase of the System described in

19 paragraph (1).

20 (3) A statement of the projected funding for

21 such future applications.
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1 Subtitle F—Other Matters

2 SEC. 361. EFFECTS OF WORLDWIDE CONTINGENCY OPER3 ATIONS ON READINESS OF CERTAIN MILI4 TARY AIRCRAFT AND EQUIPMENT.

5 (a) REQUIREMENT FOR REPORT.—The Secretary of

6 Defense shall submit to Congress, not later than 180 days

7 after the date of the enactment of this Act, a report on—

8 (1) the effects of worldwide contingency oper9 ations of the Navy, Marine Corps, and Air Force on

10 the readiness of aircraft of those Armed Forces; and

11 (2) the effects of worldwide contingency oper12 ations of the Army and Marine Corps on the readi13 ness of ground equipment of those Armed Forces.

14 (b) CONTENT OF REPORT.—The report shall contain

15 the Secretary’s assessment of the effects of the contin16 gency operations referred to in subsection (a) on the capa17 bility of the Department of Defense to maintain a high

18 level of equipment readiness and to manage a high oper19 ating tempo for the aircraft and ground equipment.

20 (c) EFFECTS ON AIRCRAFT.—The assessment con21 tained in the report shall address, with respect to aircraft,

22 the following effects:

23 (1) The effects of the contingency operations

24 carried out during fiscal years 1995 through 2000

25 on the aircraft of each of the Navy, Marine Corps,
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1 and Air Force in each category of aircraft, as fol2 lows:

3 (A) Combat tactical aircraft.

4 (B) Strategic aircraft.

5 (C) Combat support aircraft.

6 (D) Combat service support aircraft.

7 (2) The types of adverse effects on the aircraft

8 of each of the Navy, Marine Corps, and Air Force

9 in each category of aircraft specified in paragraph

10 (1) resulting from contingency operations, as follows:

11 (A) Patrolling in no-fly zones—

12 (i) over Iraq in Operation Northern

13 Watch;

14 (ii) over Iraq in Operation Southern

15 Watch; and

16 (iii) over the Balkans in Operation Al17 lied Force.

18 (B) Air operations in the NATO air war

19 against Serbia in Operation Sky Anvil, Oper20 ation Noble Anvil, and Operation Allied Force.

21 (C) Air operations in Operation Shining

22 Hope in Kosovo.

23 (D) All other activities within the general

24 context of worldwide contingency operations.
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1 (3) Any other effects that the Secretary con2 siders appropriate in carrying out subsection (a).

3 (d) EFFECTS ON GROUND EQUIPMENT.—The assess4 ment contained in the report shall address, with respect

5 to ground equipment, the following effects:

6 (1) The effects of the contingency operations

7 carried out during fiscal years 1995 through 2000

8 on the ground equipment of each of the Army and

9 Marine Corps.

10 (2) Any other effects that the Secretary con11 siders appropriate in carrying out subsection (a).

12 SEC. 362. REALISTIC BUDGETING FOR READINESS RE13 QUIREMENTS OF THE ARMY.

14 (a) REQUIREMENT FOR NEW METHODOLOGY.—The

15 Secretary of the Army shall develop a new methodology

16 for preparing budget requests for operation and mainte17 nance that can be used to ensure that the budget requests

18 for operation and maintenance for future fiscal years more

19 accurately reflect the Army’s requirements than do the

20 budget requests that have been submitted to Congress for

21 fiscal year 2001 and preceding fiscal years.

22 (b) SENSE OF CONGRESS ON THE NEW METHOD23 OLOGY.—It is the sense of Congress that—
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1 (1) the methodology should provide for the de2 termination of the budget levels to request for oper3 ation and maintenance to be based on—

4 (A) the level of training that must be con5 ducted in order to maintain essential readiness;

6 (B) the cost of conducting the training at

7 that level; and

8 (C) the costs of all other Army operations,

9 including the cost of meeting infrastructure re10 quirements; and

11 (2) the Secretary should use the new method12 ology in the preparation of the budget requests for

13 operation and maintenance for fiscal years after fis14 cal year 2001.

15 SEC. 363. ADDITIONS TO PLAN FOR ENSURING VISIBILITY

16 OVER ALL IN-TRANSIT END ITEMS AND SEC17 ONDARY ITEMS.

18 (a) REQUIRED ADDITIONS.—Subsection (d) of sec19 tion 349 of the Strom Thurmond National Defense Au20 thorization Act for Fiscal Year 1999 (Public Law 105–

21 261; 112 Stat. 1981; 10 U.S.C. 2458 note) is amended—

22 (1) by inserting before the period at the end of

23 paragraph (1) ‘‘, including specific actions to ad24 dress underlying weaknesses in the controls over

25 items being shipped’’; and
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1 (2) by adding at the end the following:

2 ‘‘(5) The key management elements for moni3 toring, and for measuring the progress achieved in,

4 the implementation of the plan, including—

5 ‘‘(A) the assignment of oversight responsi6 bility for each action identified pursuant to

7 paragraph (1);

8 ‘‘(B) a description of the resources re9 quired for oversight; and

10 ‘‘(C) an estimate of the annual cost of

11 oversight.’’.

12 (b) CONFORMING AMENDMENTS.—(1) Subsection (a)

13 of such section is amended by striking ‘‘Not later than’’

14 and all that follows through ‘‘Congress’’ and inserting

15 ‘‘The Secretary of Defense shall prescribe and carry out’’.

16 (2) Such section is further amended by adding at the

17 end the following:

18 ‘‘(f) SUBMISSIONS TO CONGRESS.—After the Sec19 retary submits the plan to Congress (on a date not later

20 than March 1, 1999), the Secretary shall submit to Con21 gress any revisions to the plan that are required by any

22 law enacted after October 17, 1998. The revisions so made

23 shall be submitted not later than 180 days after the date

24 of the enactment of the law requiring the revisions.’’.
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1 (3) Subsection (e)(1) of such section is amended by

2 striking ‘‘submits the plan’’ and inserting ‘‘submits the

3 initial plan’’.

4 SEC. 364. PERFORMANCE OF EMERGENCY RESPONSE

5 FUNCTIONS AT CHEMICAL WEAPONS STOR6 AGE INSTALLATIONS.

7 (a) RESTRICTION ON CONVERSION.—The Secretary

8 of the Army may not convert to contractor performance

9 the emergency response functions of any chemical weapons

10 storage installation that, as of the date of the enactment

11 of this Act, are performed for that installation by employ12 ees of the United States until the certification required

13 by subsection (c) has been submitted in accordance with

14 that subsection.

15 (b) COVERED INSTALLATIONS.—For the purposes of

16 this section, a chemical weapons storage installation is any

17 installation of the Department of Defense on which lethal

18 chemical agents or munitions are stored.

19 (c) CERTIFICATION REQUIREMENT.—The Secretary

20 of the Army shall certify in writing to the Committees on

21 Armed Services of the Senate and the House of Represent22 atives that, to ensure that there will be no lapse of capa23 bility to perform the chemical weapon emergency response

24 mission at a chemical weapons storage installation during

25 any transition to contractor performance of those func-
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1 tions at that installation, the plan for conversion of the

2 performance of those functions—

3 (1) is consistent with the recommendation con4 tained in General Accounting Office Report NSIAD–

5 00–88, entitled ‘‘DoD Competitive Sourcing’’, dated

6 March 2000; and

7 (2) provides for a transition to contractor per8 formance of emergency response functions which en9 sures an adequate transfer of the relevant knowledge

10 and expertise regarding chemical weapon emergency

11 response to the contractor personnel.

12 SEC. 365. CONGRESSIONAL NOTIFICATION OF USE OF

13 RADIO FREQUENCY SPECTRUM BY A SYSTEM

14 ENTERING ENGINEERING AND MANUFAC15 TURING DEVELOPMENT.

16 Before a decision is made to enter into the engineer17 ing and manufacturing development phase of a program

18 for the acquisition of a system that is to use the radio

19 frequency spectrum, the Secretary of Defense shall submit

20 to the congressional defense committees a report setting

21 forth the following:

22 (1) The frequency or frequencies that the sys23 tem will use.
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1 (2) A statement of whether the Department of

2 Defense is, or is to be, designated as the primary

3 user of the particular frequency or frequencies.

4 (3) If not, the unique technical characteristics

5 that make it necessary to use the particular fre6 quency or frequencies.

7 (4) A description of the protections that the

8 Department of Defense has been given to ensure

9 that it will not incur costs as a result of current or

10 future interference from other users of the par11 ticular frequency or frequencies.

12 SEC. 366. MONITORING OF VALUE OF PERFORMANCE OF

13 DEPARTMENT OF DEFENSE FUNCTIONS BY

14 WORKFORCES SELECTED FROM BETWEEN

15 PUBLIC AND PRIVATE WORKFORCES.

16 (a) REQUIREMENT FOR A MONITORING SYSTEM.—

17 (1) Chapter 146 of title 10, United States Code, as

18 amended by section 332(f), is further amended by adding

19 at the end the following:

20 ‘‘§ 2476. Public-private workforce selections: system

21 for monitoring value

22 ‘‘(a) SYSTEM FOR MONITORING PERFORMANCE.—(1)

23 The Secretary of Defense shall establish a system for mon24 itoring the performance of functions of the Department

25 of Defense that—
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1 ‘‘(A) are performed by 50 or more employees of

2 the department; and

3 ‘‘(B) have been subjected to a workforce review.

4 ‘‘(2) In this section, the term ‘workforce review’, with

5 respect to a function, is a review to determine whether

6 the function should be performed by a workforce composed

7 of Federal Government employees or by a private sector

8 workforce, and includes any review for that purpose that

9 is carried out under, or is associated with, the following:

10 ‘‘(A) Office of Management and Budget Cir11 cular A–76.

12 ‘‘(B) A strategic sourcing.

13 ‘‘(C) A base closure or realignment.

14 ‘‘(D) Any other reorganization, privatization, or

15 reengineering of an organization.

16 ‘‘(b) PERFORMANCE MEASUREMENTS.—The system

17 for monitoring the performance of a function shall provide

18 for the measurement of the costs and benefits resulting

19 from the selection of one workforce over the other work20 force pursuant to a workforce review, as follows:

21 ‘‘(1) The costs incurred.

22 ‘‘(2) The savings derived.

23 ‘‘(3) The value of the performance by the se24 lected workforce measured against the costs of the

25 performance of that function by the workforce per-
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1 forming the function as of the beginning of the

2 workforce review, as the workforce then performing

3 the function was organized.

4 ‘‘(c) ANNUAL REPORT.—The Secretary shall submit

5 to Congress, not later than February 1 of each fiscal year,

6 a report on the measurable value of the performance dur7 ing the preceding fiscal year of the functions that have

8 been subjected to a workforce review, as determined under

9 the monitoring system established under subsection (a).

10 The report shall display the findings separately for each

11 of the armed forces and for each Defense Agency.

12 ‘‘(d) CONSIDERATION IN PREPARATION OF FUTURE13 YEARS DEFENSE PROGRAM.—In preparing the future14 years defense program under section 221 of this title, the

15 Secretary of Defense shall, for the fiscal years covered by

16 the program, estimate and take into account the costs to

17 be incurred and the savings to be derived from the per18 formance of functions by workforces selected in workforce

19 reviews. The Secretary shall consider the results of the

20 monitoring under this section in making the estimates.’’.

21 (2) The table of sections at the beginning of such

22 chapter, as amended by section 332(i)(2), is further

23 amended by adding at the end the following:

‘‘2476. Public-private workforce selections: system for monitoring value.’’.
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1 (b) CONTENT OF CONGRESSIONAL NOTIFICATION OF

2 CONVERSIONS.—Paragraph (1) of section 2461(c) of title

3 10, United States Code, is amended—

4 (1) by redesignating subparagraphs (C), (D),

5 and (E) as subparagraphs (D), (F) and (G);

6 (2) by inserting after subparagraph (B), the

7 following new subparagraph (C):

8 ‘‘(C) The Secretary’s certification that the fac9 tors considered in the examinations performed under

10 subsection (b)(3), and in the making of the decision

11 to change performance, did not include any predeter12 mined personnel constraint or limitation in terms of

13 man years, end strength, full-time equivalent posi14 tions, or maximum number of employees.’’; and

15 (3) by inserting after subparagraph (D), as re16 designated by paragraph (1), the following new sub17 paragraph (E):

18 ‘‘(E) A statement of the potential economic ef19 fect of the change on each affected local community,

20 as determined in the examination under subsection

21 (b)(3)(B)(ii).’’.

22 SEC. 367. SUSPENSION OF REORGANIZATION OF NAVAL

23 AUDIT SERVICE.

24 The Secretary of the Navy shall cease any consolida25 tions, involuntary transfers, buy-outs, or reductions in
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1 force of the workforce of auditors and administrative sup2 port personnel of the Naval Audit Service that are associ3 ated with the reorganization or relocation of the perform4 ance of the auditing functions of the Navy until 60 days

5 after the date on which the Secretary submits to the con6 gressional defense committees a report that sets forth in

7 detail the Navy’s plans and justification for the reorga8 nization or relocation, as the case may be.

9 SEC. 368. INVESTMENT OF COMMISSARY TRUST REVOLV10 ING FUND.

11 Section 2486 of title 10, United States Code, is

12 amended—

13 (1) in subsection (g)(5), by striking ‘‘(5) In this

14 subsection’’ and inserting ‘‘(i) COMMISSARY TRUST

15 REVOLVING FUND DEFINED.—In this section’’; and

16 (2) by inserting after subsection (g)(4) the fol17 lowing:

18 ‘‘(h) INVESTMENT OF COMMISSARY TRUST REVOLV19 ING FUND.—The Secretary of Defense shall invest such

20 portion of the commissary trust revolving fund as is not,

21 in the judgment of the Secretary, required to meet current

22 withdrawals. The investments shall be in public debt secu23 rities with maturities suitable to the needs of the fund,

24 as determined by the Secretary, and bearing interest at

25 rates determined by the Secretary of the Treasury, taking
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1 into consideration current market yields on outstanding

2 marketable obligations of the United States of comparable

3 maturities. The income derived from the investments shall

4 be credited to and form a part of the fund.’’.

5 SEC. 369. ECONOMIC PROCUREMENT OF DISTILLED SPIR6 ITS.

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

8 is amended—

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

10 (2) by redesignating paragraph (3) as para11 graph (2).

12 SEC. 370. RESALE OF ARMOR-PIERCING AMMUNITION DIS13 POSED OF BY THE ARMY.

14 (a) RESTRICTION.—(1) Chapter 443 of title 10,

15 United States Code, is amended by adding at the end the

16 following:

17 ‘‘§ 4688. Armor-piercing ammunition and components:

18 condition on disposal

19 ‘‘(a) LIMITATION ON RESALE OR OTHER TRANS20 FER.—Except as provided in subsection (b), whenever the

21 Secretary of the Army carries out a disposal (by sale or

22 otherwise) of armor-piercing ammunition, or a component

23 of armor-piercing ammunition, the Secretary shall require

24 as a condition of the disposal that the recipient agree in

25 writing not to sell or otherwise transfer any of the ammu-
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1 nition (reconditioned or otherwise), or any armor-piercing

2 component of that ammunition, to any purchaser in the

3 United States other than a law enforcement or other gov4 ernmental agency.

5 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to

6 a transfer of a component of armor-piercing ammunition

7 solely for the purpose of metal reclamation by means of

8 a destructive process such as melting, crushing, or shred9 ding.

10 ‘‘(c) SPECIAL RULE FOR NON-ARMOR-PIERCING

11 COMPONENTS.—A component of the armor-piercing am12 munition that is not itself armor-piercing and is not sub13 jected to metal reclamation as described in subsection (b)

14 may not be used as a component in the production of new

15 or remanufactured armor-piercing ammunition other than

16 for sale to a law enforcement or other governmental agen17 cy or for a government-to-government sale or commercial

18 export to a foreign government under the Arms Export

19 Control Act.

20 ‘‘(d) DEFINITION.—In this section, the term ‘armor21 piercing ammunition’ means a center-fire cartridge the

22 military designation of which includes the term ‘armor

23 penetrator’ or ‘armor-piercing’, including a center-fire car24 tridge designated as armor-piercing incendiary (API) or

25 armor-piercing incendiary-tracer (API–T).’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end the following:

‘‘4688. Armor-piercing ammunition and components: condition on disposal.’’.

3 (b) APPLICABILITY.—Section 4688 of title 10, United

4 States Code (as added by subsection (a)), shall apply with

5 respect to any disposal of ammunition or components re6 ferred to in that section after the date of the enactment

7 of this Act.

8 SEC. 371. DAMAGE TO AVIATION FACILITIES CAUSED BY AL9 KALI SILICA REACTIVITY.

10 (a) ASSESSMENT REQUIRED.—The Secretary of De11 fense shall assess the damage caused to aviation facilities

12 of the Department of Defense by alkali silica reactivity.

13 In making the assessment, the Secretary shall review the

14 department’s aviation facilities throughout the world.

15 (b) DAMAGE PREVENTION AND MITIGATION PLAN.—

16 (1) Taking into consideration the assessment under sub17 section (a), the Secretary may develop and, during fiscal

18 years 2001 through 2006, carry out a plan to prevent and

19 mitigate damage to the aviation facilities of the Depart20 ment of Defense as a result of alkali silica reactivity.

21 (2) A plan developed under paragraph shall provide

22 for the following:

23 (A) Treatment of alkali silica reactivity in pave24 ment and structures at a selected test site.
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1 (B) The demonstration and deployment of tech2 nologies capable of mitigating alkali silica reactivity

3 in hardened concrete structures and pavements.

4 (C) The promulgation of specific guidelines for

5 appropriate testing and use of lithium salts to pre6 vent alkali silica reactivity in new construction.

7 (c) DELEGATION OF AUTHORITY.—The Secretary

8 shall direct the Chief of Engineers of the Army and the

9 Commander of the Naval Facilities Engineering Command

10 to carry out the assessment required by subsection (a) and

11 to develop and carry out the plan required by subsection

12 (b).

13 (d) FUNDING.—Of the amounts authorized to be ap14 propriated under section 301, not more than $5,000,000

15 is available for carrying out this section.

16 SEC. 372. REAUTHORIZATION OF PILOT PROGRAM FOR AC17 CEPTANCE AND USE OF LANDING FEES

18 CHARGED FOR USE OF DOMESTIC MILITARY

19 AIRFIELDS BY CIVIL AIRCRAFT.

20 (a) REAUTHORIZATION.—Subsection (a) of section

21 377 of the Strom Thurmond National Defense Authoriza22 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

23 Stat. 1993; 10 U.S.C. 113 note) is amended as follows:

24 (1) by striking ‘‘1999 and 2000’’ and inserting

25 ‘‘2001 through 2010’’; and
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1 (2) by striking the second sentence and insert2 ing ‘‘The pilot program under this section may not

3 be carried out after September 30, 2010.’’.

4 (b) FEES COLLECTED.—Subsection (b) of such sec5 tion is amended to read as follows:

6 ‘‘(b) LANDING FEE DEFINED.—For the purposes of

7 this section, the term ‘landing fee’ means any fee that is

8 established under or in accordance with regulations of the

9 military department concerned (whether prescribed in a

10 fee schedule or imposed under a joint-use agreement) to

11 recover costs incurred for use by civil aircraft of an airfield

12 of the military department in the United States or in a

13 territory or possession of the United States.’’.

14 (c) USE OF PROCEEDS.—Subsection (c) of such sec15 tion is amended by striking ‘‘Amounts received for a fiscal

16 year in payment of landing fees imposed under the pilot

17 program for use of a military airfield’’ and inserting

18 ‘‘Amounts received in payment of landing fees for use of

19 a military airfield in a fiscal year of the pilot program’’.

20 (d) REPORT.—Subsection (d) of such section is

21 amended—

22 (1) by striking ‘‘March 31, 2000,’’ and insert23 ing ‘‘March 31, 2003,’’; and

24 (2) by striking ‘‘December 31, 1999’’ and in25 serting ‘‘December 31, 2002’’.
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1 SEC. 373. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR

2 SUPPORT PROVIDED AT JOHNSTON ATOLL.

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

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘§ 9783. Johnston Atoll: reimbursement for support

7 provided to civil air carriers

8 ‘‘(a) AUTHORITY OF THE SECRETARY.—The Sec9 retary of the Air Force may, under regulations prescribed

10 by the Secretary, require payment by a civil air carrier

11 for support provided by the United States to the carrier

12 at Johnston Atoll that is either—

13 ‘‘(1) requested by the civil air carrier; or

14 ‘‘(2) determined under the regulations as being

15 necessary to accommodate the civil air carrier’s use

16 of Johnston Atoll.

17 ‘‘(b) AMOUNT OF CHARGES.—Any amount charged

18 an air carrier under subsection (a) for support shall be

19 equal to the total amount of the actual costs to the United

20 States of providing the support. The amount charged may

21 not include any amount for an item of support that does

22 not satisfy a condition described in paragraph (1) or (2)

23 of subsection (a).

24 ‘‘(c) RELATIONSHIP TO LANDING FEES.—No landing

25 fee shall be charged an air carrier for a landing of an air26 craft of the air carrier at Johnston Atoll if the air carrier
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1 is charged under subsection (a) for support provided to

2 the air carrier.

3 ‘‘(d) DISPOSITION OF PAYMENTS.—(1) Notwith4 standing any other provision of law, amounts collected

5 from an air carrier under this section shall be credited

6 to appropriations available for the fiscal year in which col7 lected, as follows:

8 ‘‘(A) For support provided by the Air Force, to

9 appropriations available for the Air Force for oper10 ation and maintenance.

11 ‘‘(B) For support provided by the Army, to ap12 propriations available for the Army for chemical de13 militarization.

14 ‘‘(2) Amounts credited to an appropriation under

15 paragraph (1) shall be merged with funds in that appro16 priation and shall be available, without further appropria17 tion, for the purposes and period for which the appropria18 tion is available.

19 ‘‘(e) DEFINITIONS.—In this section:

20 ‘‘(1) The term ‘civil air carrier’ means an air

21 carrier (as defined in section 40101(a)(2) of title

22 49) that is issued a certificate of public convenience

23 and necessity under section 41102 of such title.

24 ‘‘(2) The term ‘support’ includes fuel, fire res25 cue, use of facilities, improvements necessary to ac-
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1 commodate use by civil air carriers, police, safety,

2 housing, food, air traffic control, suspension of mili3 tary operations on the island (including operations

4 at the Johnston Atoll Chemical Agent Demilitariza5 tion System), repairs, and any other construction,

6 services, or supplies.’’.

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

8 at the beginning of such chapter is amended by adding

9 at the end the following new item:

‘‘9783. Johnston Atoll: reimbursement for support provided to civil air carriers.’’.

10 SEC. 374. REVIEW OF COSTS OF MAINTAINING HISTORICAL

11 PROPERTIES.

12 (a) REQUIREMENT FOR REVIEW.—The Comptroller

13 General of the United States shall conduct a review of the

14 annual costs incurred by the Department of Defense to

15 comply with the requirements of the National Historic

16 Preservation Act (16 U.S.C. 470 et seq.).

17 (b) REPORT.—Not later than February 28, 2001, the

18 Comptroller General shall submit to the congressional de19 fense committees a report on the results of the review.

20 The report shall contain the following:

21 (1) For each military department and Defense

22 Agency and for the Department of Defense in the

23 aggregate, the cost for fiscal year 2000 and the pro24 jected costs for the ensuing 10 fiscal years.
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1 (2) An analysis of the cost to maintain only

2 those properties that qualified as historic properties

3 under the National Historic Preservation Act when

4 such Act was originally enacted.

5 (3) The accounts used for paying the costs of

6 complying with the requirements of the National

7 Historic Preservation Act.

8 (4) For each military department and Defense

9 Agency, the identity of all properties that must be

10 maintained in order to comply with the requirements

11 of the National Historic Preservation Act.

12 SEC. 375. EXTENSION OF AUTHORITY TO SELL CERTAIN

13 AIRCRAFT FOR USE IN WILDFIRE SUPPRES14 SION.

15 Section 2 of the Wildfire Suppression Aircraft Trans16 fer Act of 1996 (Public Law 104–307) is amended—

17 (1) in subsection (a)(1) by striking ‘‘September

18 30, 2000’’ and inserting ‘‘September 30, 2005’’;

19 (2) by adding at the end of subsection (d)(1)

20 the following: ‘‘After taking effect, the regulations

21 shall be effective until the end of the period specified

22 in subsection (a)(1).’’;

23 (3) in subsection (f), by striking ‘‘March 31,

24 2000’’ and inserting ‘‘March 31, 2005’’.
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1 SEC. 376. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE

2 AIR FLEET AIRCRAFT.

3 (a) IN GENERAL.—Section 41106(a) of title 49,

4 United States Code, is amended—

5 (1) by striking ‘‘GENERAL.—(1) Except as pro6 vided in subsection (b),’’ and inserting ‘‘INTERSTATE

7 TRANSPORTATION.—(1) Except as provided in sub8 section (d),’’;

9 (2) in paragraph (1), by striking ‘‘of at least 31

10 days’’;

11 (3) by redesignating subsection (b) as sub12 section (d); and

13 (4) by inserting after subsection (a) the fol14 lowing:

15 ‘‘(b) TRANSPORTATION BETWEEN THE UNITED

16 STATES AND FOREIGN LOCATIONS.—Except as provided

17 in subsection (d), the transportation of passengers or

18 property by transport category aircraft between a place

19 in the United States and a place outside the United States

20 obtained by the Secretary of Defense or the Secretary of

21 a military department through a contract for airlift service

22 may be provided by an air carrier referred to in subsection

23 (a).

24 ‘‘(c) TRANSPORTATION BETWEEN FOREIGN LOCA25 TIONS.—The transportation of passengers or property by

26 transport category aircraft between two places outside the
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1 United States obtained by the Secretary of Defense or the

2 Secretary of a military department through a contract for

3 airlift service shall be provided by an air carrier that has

4 aircraft in the civil reserve air fleet whenever transpor5 tation by such an air carrier is reasonably available.’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on October 1, 2000.

8 TITLE IV—MILITARY

9 PERSONNEL AUTHORIZATIONS

10 Subtitle A—Active Forces

11 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

12 The Armed Forces are authorized strengths for active

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

14 (1) The Army, 480,000.

15 (2) The Navy, 372,000.

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

17 (4) The Air Force, 357,000.

18 Subtitle B—Reserve Forces

19 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

21 strengths for Selected Reserve personnel of the reserve

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

23 (1) The Army National Guard of the United

24 States, 350,088.

25 (2) The Army Reserve, 205,000.
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1 (3) The Naval Reserve, 88,900.

2 (4) The Marine Corps Reserve, 39,558.

3 (5) The Air National Guard of the United

4 States, 108,022.

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

6 (7) The Coast Guard Reserve, 8,500.

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

8 subsection (a) for the Selected Reserve of any reserve com9 ponent shall be proportionately reduced by—

10 (1) the total authorized strength of units orga11 nized to serve as units of the Selected Reserve of

12 such component which are on active duty (other

13 than for training) at the end of the fiscal year; and

14 (2) the total number of individual members not

15 in units organized to serve as units of the Selected

16 Reserve of such component who are on active duty

17 (other than for training or for unsatisfactory partici18 pation in training) without their consent at the end

19 of the fiscal year.

20 Whenever such units or such individual members are re21 leased from active duty during any fiscal year, the end

22 strength prescribed for such fiscal year for the Selected

23 Reserve of such reserve component shall be proportion24 ately increased by the total authorized strengths of such

25 units and by the total number of such individual members.
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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

2 DUTY IN SUPPORT OF THE RESERVES.

3 Within the end strengths prescribed in section

4 411(a), the reserve components of the Armed Forces are

5 authorized, as of September 30, 2001, the following num6 ber of Reserves to be serving on full-time active duty or

7 full-time duty, in the case of members of the National

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components:

10 (1) The Army National Guard of the United

11 States, 22,536.

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

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

14 (4) The Marine Corps Reserve, 2,261.

15 (5) The Air National Guard of the United

16 States, 11,170.

17 (6) The Air Force Reserve, 1,278.

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

19 (DUAL STATUS).

20 The minimum number of military technicians (dual

21 status) as of the last day of fiscal year 2001 for the re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall

24 be the following:

25 (1) For the Army Reserve, 5,249.
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1 (2) For the Army National Guard of the United

2 States, 22,357.

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

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

5 States, 22,221.

6 SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STA7 TUS TECHNICIANS.

8 (a) LIMITATION.—The number of non-dual status

9 technicians employed by the reserve components of the

10 Army and the Air Force as of September 30, 2001, may

11 not exceed the following:

12 (1) For the Army Reserve, 1,195.

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

14 States, 1,600.

15 (3) For the Air Force Reserve, 0.

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

17 States, 326.

18 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

19 this section, the term ‘‘non-dual status technician’’ has the

20 meaning given the term in section 10217(a) of title 10,

21 United States Code.

22 (c) POSTPONEMENT OF PERMANENT LIMITATION.—

23 Section 10217(c)(2) of title 10, United States Code, is

24 amended by striking ‘‘October 1, 2001’’ and inserting

25 ‘‘October 1, 2002’’.
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1 SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CER2 TAIN GRADES AUTHORIZED TO BE ON ACTIVE

3 DUTY IN SUPPORT OF THE RESERVES.

4 (a) OFFICERS.—The table in section 12011(a) of title

5 10, United States Code, is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

Major or Lieutenant Commander ........................................... 3,227 1,071 898 140

Lieutenant Colonel or Commander ........................................ 1,687 520 844 90

Colonel or Navy Captain ........................................................ 511 188 317 30’’.

6 (b) SENIOR ENLISTED MEMBERS.—The table in sec7 tion 12012(a) of title 10, United States Code, is amended

8 to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 ......................................................................................... 662 202 501 20

E–8 ......................................................................................... 2,676 429 1,102 94’’.

9 Subtitle C—Other Matters Relating

10 to Personnel Strengths

11 SEC. 421. SUSPENSION OF STRENGTH LIMITATIONS DUR12 ING WAR OR NATIONAL EMERGENCY.

13 (a) SENIOR ENLISTED MEMBERS.—Section 517 of

14 title 10, United States Code, is amended by adding at the

15 end the following new subsection (c):

16 ‘‘(c) The Secretary of Defense may suspend the oper17 ation of this section in time of war or of national emer18 gency declared by the Congress or by the President. Any

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

20 of the 2-year period beginning on the date on which the
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1 suspension (or the last extension thereof) takes effect or

2 on the last day of the 1-year period beginning on the date

3 of the termination of the war or national emergency,

4 whichever occurs first. Title II of the National Emer5 gencies Act (50 U.S.C. 1621–1622) shall not apply to an

6 extension under this subsection.’’.

7 (b) SENIOR AGR PERSONNEL.—(1) Chapter 1201 of

8 such title is amended by adding at the end the following:

9 ‘‘§ 12013. Authority to suspend sections 12011 and

10 12012

11 ‘‘The Secretary of Defense may suspend the oper12 ation of section 12011 or 12012 of this title in time of

13 war or of national emergency declared by the Congress

14 or by the President. Any suspension shall, if not sooner

15 ended, end on the last day of the 2-year period beginning

16 on the date on which the suspension (or the last extension

17 thereof) takes effect or on the last day of the 1-year period

18 beginning on the date of the termination of the war or

19 national emergency, whichever occurs first. Title II of the

20 National Emergencies Act (50 U.S.C. 1621–1622) shall

21 not apply to an extension under this subsection.’’.

22 (2) The table of sections at the beginning of such

23 chapter is amended by adding at the end the following:

‘‘12013. Authority to suspend sections 12011 and 12012.’’.
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1 SEC. 422. EXCLUSION OF CERTAIN RESERVE COMPONENT

2 MEMBERS ON ACTIVE DUTY FOR MORE THAN

3 180 DAYS FROM ACTIVE COMPONENT END

4 STRENGTHS.

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

6 amended by adding at the end the following new para7 graph:

8 ‘‘(9) Members of reserve components (not de9 scribed in paragraph (8)) on active duty for more

10 than 180 days to perform special work in support of

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

12 Guard) and the combatant commands, except that

13 the number of the members excluded under this

14 paragraph may not exceed the number equal to two15 tenths of one percent of the end strength authorized

16 for active-duty personnel under subsection

17 (a)(1)(A).’’.

18 SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL

19 AND DENTAL OFFICERS FROM LIMITATION

20 ON STRENGTHS OF RESERVE COMMISSIONED

21 OFFICERS IN GRADES BELOW BRIGADIER

22 GENERAL.

23 Section 12005(a) of title 10, United States Code, is

24 amended by adding at the end the following:

25 ‘‘(3) Medical officers and dental officers shall not be

26 counted for the purposes of this subsection.’’.
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1 SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN

2 NUMBER OF RESERVE PERSONNEL SERVING

3 ON ACTIVE DUTY OR FULL-TIME NATIONAL

4 GUARD DUTY IN CERTAIN GRADES.

5 (a) OFFICERS.—Section 12011 of title 10, United

6 States Code, is amended by adding at the end the fol7 lowing new subsection:

8 ‘‘(c) Upon increasing under subsection (c)(2) of sec9 tion 115 of this title the end strength that is authorized

10 under subsection (a)(1)(B) of that section for a fiscal year

11 for active-duty personnel and full-time National Guard

12 duty personnel of an armed force who are to be paid from

13 funds appropriated for reserve personnel, the Secretary of

14 Defense may increase for that fiscal year the limitation

15 that is set forth in subsection (a) of this section for the

16 number of officers of that armed force serving in any

17 grade if the Secretary determines that such action is in

18 the national interest. The percent of the increase may not

19 exceed the percent by which the Secretary increases that

20 end strength.’’.

21 (b) ENLISTED PERSONNEL.—Section 12012 of title

22 10, United States Code, is amended by adding at the end

23 the following new subsection:

24 ‘‘(c) Upon increasing under subsection (c)(2) of sec25 tion 115 of this title the end strength that is authorized

26 under subsection (a)(1)(B) of that section for a fiscal year
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1 for active-duty personnel and full-time National Guard

2 duty personnel of an armed force who are to be paid from

3 funds appropriated for reserve personnel, the Secretary of

4 Defense may increase for that fiscal year the limitation

5 that is set forth in subsection (a) of this section for the

6 number of enlisted members of that armed force serving

7 in any grade if the Secretary determines that such action

8 is in the national interest. The percent of the increase may

9 not exceed the percent by which the Secretary increases

10 that end strength.’’.

11 SEC. 425. TEMPORARY EXEMPTION OF DIRECTOR OF THE

12 NATIONAL SECURITY AGENCY FROM LIMITA13 TIONS ON NUMBER OF AIR FORCE OFFICERS

14 ABOVE MAJOR GENERAL.

15 Section 525(b) of title 10, United States Code, is

16 amended by adding at the end the following new para17 graph:

18 ‘‘(8) An Air Force officer while serving as Director

19 of the National Security Agency is in addition to the num20 ber that would otherwise be permitted for the Air Force

21 for officers serving on active duty in grades above major

22 general under paragraph (1) and the number that would

23 otherwise be permitted for the Air Force for officers serv24 ing on active duty in grades above brigadier general under
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1 subsection (a). This paragraph shall not be effective after

2 September 30, 2005.’’.

3 Subtitle D—Authorization of

4 Appropriations

5 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI6 TARY PERSONNEL.

7 There is hereby authorized to be appropriated to the

8 Department of Defense for military personnel for fiscal

9 year 2001 a total of $75,632,266,000. The authorization

10 in the preceding sentence supersedes any other authoriza11 tion of appropriations (definite or indefinite) for such pur12 pose for fiscal year 2001.

13 TITLE V—MILITARY PERSONNEL

14 POLICY

15 SEC. 501. ELIGIBILITY OF ARMY RESERVE COLONELS AND

16 BRIGADIER GENERALS FOR POSITION VA17 CANCY PROMOTIONS.

18 Section 14315(b)(1) of title 10, United States Code,

19 is amended by inserting after ‘‘(A) is assigned to the du20 ties of a general officer of the next higher reserve grade

21 in the Army Reserve’’ the following: ‘‘or is recommended

22 for such an assignment under regulations prescribed by

23 the Secretary of the Army’’.
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1 SEC. 502. PROMOTION ZONES FOR COAST GUARD RESERVE

2 OFFICERS.

3 (a) FLEXIBLE AUTHORITY TO MEET COAST GUARD

4 NEEDS.—Section 729(d) of title 14, United States Code,

5 is amended to read as follows:

6 ‘‘(d)(1) Before convening a selection board to rec7 ommend Reserve officers for promotion, the Secretary

8 shall establish a promotion zone for officers serving in

9 each grade and competitive category to be considered by

10 the board. The Secretary shall determine the number of

11 officers in the promotion zone for officers serving in any

12 grade and competitive category from among officers who

13 are eligible for promotion in that grade and competitive

14 category.

15 ‘‘(2) Before convening a selection board to rec16 ommend Reserve officers for promotion to a grade above

17 lieutenant (junior grade), the Secretary shall determine

18 the maximum number of officers in that grade and com19 petitive category that the board may recommend for pro20 motion. The Secretary shall make the determination under

21 the preceding sentence of the maximum number that may

22 be recommended with a view to having in an active status

23 a sufficient number of Reserve officers in each grade and

24 competitive category to meet the needs of the Coast Guard

25 for Reserve officers in an active status. In order to make

26 that determination, the Secretary shall determine (A) the
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1 number of positions needed to accomplish mission objec2 tives which require officers of such competitive category

3 in the grade to which the board will recommend officers

4 for promotion, (B) the estimated number of officers need5 ed to fill vacancies in such positions during the period in

6 which it is anticipated that officers selected for promotion

7 will be promoted, (C) the number of officers authorized

8 by the Secretary to serve in an active status in the grade

9 and competitive category under consideration, and (D)

10 any statutory limitation on the number of officers in any

11 grade or category (or combination thereof) authorized to

12 be in an active status.

13 ‘‘(3)(A) The Secretary may, when the needs of the

14 Coast Guard require, authorize the consideration of offi15 cers in a grade above lieutenant (junior grade) for pro16 motion to the next higher grade from below the promotion

17 zone.

18 ‘‘(B) When selection from below the promotion zone

19 is authorized, the Secretary shall establish the number of

20 officers that may be recommended for promotion from

21 below the promotion zone in each competitive category to

22 be considered. That number may not exceed the number

23 equal to 10 percent of the maximum number of officers

24 that the board is authorized to recommend for promotion

25 in such competitive category, except that the Secretary
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1 may authorize a greater number, not to exceed 15 percent

2 of the total number of officers that the board is authorized

3 to recommend for promotion, if the Secretary determines

4 that the needs of the Coast Guard so require. If the max5 imum number determined under this paragraph is less

6 than one, the board may recommend one officer for pro7 motion from below the promotion zone.

8 ‘‘(C) The number of officers recommended for pro9 motion from below the promotion zone does not increase

10 the maximum number of officers that the board is author11 ized to recommend for promotion under paragraph (2).’’.

12 (b) RUNNING MATE SYSTEM.—(1) Section 731 of

13 such title is amended—

14 (A) by designating the text of such section as

15 subsection (b);

16 (B) by inserting after the section heading the

17 following:

18 ‘‘(a) AUTHORITY TO USE RUNNING MATE SYS19 TEM.—The Secretary may by regulation implement sec20 tion 729(d)(1) of this title by requiring that the promotion

21 zone for consideration of Reserve officers in an active sta22 tus for promotion to the next higher grade be determined

23 in accordance with a running mate system as provided in

24 subsection (b).’’;
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1 (C) in subsection (b), as designated by subpara2 graph (A), by striking ‘‘Subject to the eligibility re3 quirements of this subchapter, a Reserve officer

4 shall’’ and inserting the following: ‘‘CONSIDERATION

5 FOR PROMOTION.—If promotion zones are deter6 mined as authorized under subsection (a), a Reserve

7 officer shall, subject to the eligibility requirements of

8 this subchapter,’’; and

9 (D) by adding at the end the following:

10 ‘‘(c) CONSIDERATION OF OFFICERS BELOW THE

11 ZONE.—If the Secretary authorizes the selection of offi12 cers for promotion from below the promotion zone in ac13 cordance with section 729(d)(3) of this title, the number

14 of officers to be considered from below the zone may be

15 established through the application of the running mate

16 system under this subchapter or otherwise as the Sec17 retary determines to be appropriate to meet the needs of

18 the Coast Guard.’’.

19 (2)(A) The heading for such section is amended to

20 read as follows:

21 ‘‘§ 731. Establishment of promotion zones: running

22 mate system’’.

23 (B) The item relating to such section in the table of

24 sections at the beginning of chapter 21 of title 14, United

25 States Code, is amended to read as follows:

‘‘731. Establishment of promotion zones: running mate system.’’.
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1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on October

3 1, 2000, and shall apply with respect to selection boards

4 convened under section 730 of title 14, United States

5 Code, on or after that date.

6 SEC. 503. TIME FOR RELEASE OF OFFICER PROMOTION SE7 LECTION BOARD REPORTS.

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

9 618(e) of title 10, United States Code, is amended to read

10 as follows:

11 ‘‘(e)(1) The names of the officers recommended for

12 promotion in the report of a selection board may be dis13 seminated to the armed force concerned as follows:

14 ‘‘(A) In the case of officers recommended for

15 promotion to a grade below brigadier general or rear

16 admiral (lower half), upon the transmittal of the re17 port to the President.

18 ‘‘(B) In the case of officers recommended for

19 promotion to a grade above colonel or, in the case

20 of the Navy, captain, upon the approval of the re21 port by the President.

22 ‘‘(C) In the case of officers whose names have

23 not been sooner disseminated, upon confirmation by

24 the Senate.
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1 ‘‘(2) A list of names of officers disseminated under

2 paragraph (1) may not include—

3 ‘‘(A) any name removed by the President from

4 the report of the selection board containing that

5 name, if dissemination is under the authority of sub6 paragraph (B) of such paragraph; or

7 ‘‘(B) the name of any officer whose promotion

8 the Senate failed to confirm, if dissemination is

9 under the authority of subparagraph (C) of such

10 paragraph.’’.

11 (b) RESERVE ACTIVE-STATUS LIST OFFICER

12 BOARDS.—The text of section 14112 of title 10, United

13 States Code, is amended to read as follows:

14 ‘‘(a) TIME FOR DISSEMINATION.—The names of the

15 officers recommended for promotion in the report of a se16 lection board may be disseminated to the armed force con17 cerned as follows:

18 ‘‘(1) In the case of officers recommended for

19 promotion to a grade below brigadier general or rear

20 admiral (lower half), upon the transmittal of the re21 port to the President.

22 ‘‘(2) In the case of officers recommended for

23 promotion to a grade above colonel or, in the case

24 of the Navy, captain, upon the approval of the re25 port by the President.
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1 ‘‘(3) In the case of officers whose names have

2 not been sooner disseminated, upon confirmation by

3 the Senate.

4 ‘‘(b) NAMES NOT DISSEMINATED.—A list of names

5 of officers disseminated under subsection (a) may not

6 include—

7 ‘‘(1) any name removed by the President from

8 the report of the selection board containing that

9 name, if dissemination is under the authority of

10 paragraph (2) of such subsection; or

11 ‘‘(2) the name of any officer whose promotion

12 the Senate failed to confirm, if dissemination is

13 under the authority of paragraph (3) of such sub14 section.’’.

15 SEC. 504. CLARIFICATION OF AUTHORITY FOR POST16 HUMOUS COMMISSIONS AND WARRANTS.

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

18 is amended to read as follows:

19 ‘‘(3) was officially recommended for appoint20 ment or promotion to a commissioned grade but died

21 in line of duty before the appointment or promotion

22 was approved by the Secretary concerned or before

23 accepting the appointment or promotion.’’.
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1 SEC. 505. INAPPLICABILITY OF ACTIVE-DUTY LIST PRO2 MOTION, SEPARATION, AND INVOLUNTARY

3 RETIREMENT AUTHORITIES TO RESERVE

4 GENERAL AND FLAG OFFICERS SERVING IN

5 CERTAIN POSITIONS DESIGNATED FOR RE6 SERVE OFFICERS BY THE CHAIRMAN OF THE

7 JOINT CHIEFS OF STAFF.

8 Section 641(1)(B) of title 10, United States Code,

9 is amended by inserting ‘‘526(b)(2)(A),’’ after ‘‘on active

10 duty under section’’.

11 SEC. 506. REVIEW OF ACTIONS OF SELECTION BOARDS.

12 (a) IN GENERAL.—(1) Chapter 79 of title 10, United

13 States Code, is amended by adding at the end the fol14 lowing:

15 ‘‘§ 1558. Exclusive remedies in cases involving selec16 tion boards

17 ‘‘(a) CORRECTION OF MILITARY RECORDS.—The

18 Secretary concerned may correct a person’s military

19 records in accordance with a recommendation made by a

20 special board. Any such correction shall be effective, retro21 actively, as of the effective date of the action taken on

22 a report of a previous selection board that resulted in the

23 action corrected in the person’s military records.

24 ‘‘(b) RELIEF ASSOCIATED WITH CORRECTIONS OF

25 CERTAIN ACTIONS.—(1) The Secretary concerned shall
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1 ensure that a person receives relief under paragraph (2)

2 or (3), as the person may elect, if the person—

3 ‘‘(A) was separated or retired from an armed

4 force, or transferred to the retired reserve or to inac5 tive status in a reserve component, as a result of a

6 recommendation of a selection board; and

7 ‘‘(B) becomes entitled to retention on or res8 toration to active duty or active status in a reserve

9 component as a result of a correction of the person’s

10 military records under subsection (a).

11 ‘‘(2)(A) With the consent of a person referred to in

12 paragraph (1), the person shall be retroactively and pro13 spectively restored to the same status, rights, and entitle14 ments (less appropriate offsets against back pay and al15 lowances) in the person’s armed force as the person would

16 have had if the person had not been selected to be sepa17 rated, retired, or transferred to the retired reserve or to

18 inactive status in a reserve component, as the case may

19 be, as a result of an action corrected under subsection (a).

20 An action under this subparagraph is subject to subpara21 graph (B).

22 ‘‘(B) Nothing in subparagraph (A) shall be construed

23 to permit a person to be on active duty or in an active

24 status in a reserve component after the date on which the

25 person would have been separated, retired, or transferred
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1 to the retired reserve or to inactive status in a reserve

2 component if the person had not been selected to be sepa3 rated, retired, or transferred to the retired reserve or to

4 inactive status in a reserve component, as the case may

5 be, in an action of a selection board that is corrected under

6 subsection (a).

7 ‘‘(3) If the person does not consent to a restoration

8 of status, rights, and entitlements under paragraph (2),

9 the person shall receive back pay and allowances (less ap10 propriate offsets) and service credit for the period begin11 ning on the date of the person’s separation, retirement,

12 or transfer to the retired reserve or to inactive status in

13 a reserve component, as the case may be, and ending on

14 the earlier of—

15 ‘‘(A) the date on which the person would have

16 been so restored under paragraph (2), as determined

17 by the Secretary concerned; or

18 ‘‘(B) the date on which the person would other19 wise have been separated, retired, or transferred to

20 the retired reserve or to inactive status in a reserve

21 component, as the case may be.

22 ‘‘(c) FINALITY OF UNFAVORABLE ACTION.—If a spe23 cial board makes a recommendation not to correct the

24 military records of a person regarding action taken in the

25 case of that person on the basis of a previous report of
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1 a selection board, the action previously taken on that re2 port shall be considered as final as of the date of the ac3 tion taken on that report.

4 ‘‘(d) REGULATIONS.—(1) The Secretary concerned

5 may prescribe regulations to carry out this section (other

6 than subsection (e)) with respect to the armed force or

7 armed forces under the jurisdiction of the Secretary.

8 ‘‘(2) The Secretary may prescribe in the regulations

9 the circumstances under which consideration by a special

10 board may be provided for under this section, including

11 the following:

12 ‘‘(A) The circumstances under which consider13 ation of a person’s case by a special board is contin14 gent upon application by or for that person.

15 ‘‘(B) Any time limits applicable to the filing of

16 an application for consideration.

17 ‘‘(3) Regulations prescribed by the Secretary of a

18 military department under this subsection shall be subject

19 to the approval of the Secretary of Defense.

20 ‘‘(e) JUDICIAL REVIEW.—(1) A person challenging

21 for any reason the action or recommendation of a selection

22 board, or the action taken by the Secretary concerned on

23 the report of a selection board, is not entitled to relief in

24 any judicial proceeding unless the person has first been
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1 considered by a special board under this section or the

2 Secretary concerned has denied such consideration.

3 ‘‘(2) In reviewing an action or recommendation of a

4 special board or an action of the Secretary concerned on

5 the report of a special board, a court may hold unlawful

6 and set aside the recommendation or action, as the case

7 may be, only on the following bases:

8 ‘‘(A) The action or recommendation of the spe9 cial board or the action of the Secretary concerned,

10 as the case may be, was not in compliance with the

11 applicable procedures.

12 ‘‘(B) Any such action or recommendation is

13 contrary to law.

14 ‘‘(3) In reviewing a decision by the Secretary con15 cerned to deny consideration by a special board in any

16 case, a court may hold unlawful and set aside the decision

17 only on the following bases:

18 ‘‘(A) The decision was not made in accordance

19 with applicable procedures.

20 ‘‘(B) The decision is arbitrary, capricious, or

21 otherwise contrary to law.

22 ‘‘(f) EXCLUSIVITY OF REMEDIES.—Notwithstanding

23 any other provision of law, but subject to subsection (g),

24 the remedies provided under this section are the only rem25 edies available to a person for correcting an action or rec-
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1 ommendation of a selection board regarding that person

2 or an action taken on the report of a selection board re3 garding that person.

4 ‘‘(g) EXISTING JURISDICTION.—(1) Nothing in this

5 section limits the jurisdiction of any court of the United

6 States under any provision of law to determine the validity

7 of any statute, regulation, or policy relating to selection

8 boards, except that, in the event that any such statute,

9 regulation, or policy is held invalid, the remedies pre10 scribed in this section shall be the sole and exclusive rem11 edies available to any person challenging the recommenda12 tion of a special board on the basis of the invalidity.

13 ‘‘(2) Nothing in this section limits authority to cor14 rect a military record under section 1552 of this title.

15 ‘‘(h) INAPPLICABILITY TO COAST GUARD.—This sec16 tion does not apply to the Coast Guard when it is not

17 operating as a service in the Navy.

18 ‘‘(i) DEFINITIONS.—In this section:

19 ‘‘(1) The term ‘special board’—

20 ‘‘(A) means a board that the Secretary

21 concerned convenes under any authority to con22 sider whether to recommend a person for ap23 pointment, enlistment, reenlistment, assign24 ment, promotion, retention, separation, retire25 ment, or transfer to inactive status in a reserve
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1 component instead of referring the records of

2 that person for consideration by a previously

3 convened selection board which considered or

4 should have considered that person;

5 ‘‘(B) includes a board for the correction of

6 military or naval records convened under sec7 tion 1552 of this title, if designated as a special

8 board by the Secretary concerned; and

9 ‘‘(C) does not include a promotion special

10 selection board convened under section 628 or

11 14502 of this title.

12 ‘‘(2) The term ‘selection board’—

13 ‘‘(A) means a selection board convened

14 under section 573(b), 580, 580a, 581, 611(b),

15 637, 638, 638a, 14101(b), 14701, 14704, or

16 14705 of this title, and any other board con17 vened by the Secretary concerned under any au18 thority to recommend persons for appointment,

19 enlistment, reenlistment, assignment, pro20 motion, or retention in the armed forces or for

21 separation, retirement, or transfer to inactive

22 status in a reserve component for the purpose

23 of reducing the number of persons serving in

24 the armed forces; and

25 ‘‘(B) does not include—
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1 ‘‘(i) a promotion board convened

2 under section 573(a), 611(a), or 14101(a)

3 of this title;

4 ‘‘(ii) a special board;

5 ‘‘(iii) a special selection board con6 vened under section 628 of this title; or

7 ‘‘(iv) a board for the correction of

8 military records convened under section

9 1552 of this title.’’.

10 (2) The table of sections at the beginning of such

11 chapter is amended by adding at the end the following:

‘‘1558. Exclusive remedies in cases involving selection boards .’’.

12 (b) SPECIAL SELECTION BOARDS.—Section 628 of

13 such title is amended—

14 (1) by redesignating subsection (g) as sub15 section (j); and

16 (2) by inserting after subsection (f) the fol17 lowing:

18 ‘‘(g) LIMITATIONS OF OTHER JURISDICTION.—No

19 official or court of the United States may—

20 ‘‘(1) consider any claim based to any extent on

21 the failure of an officer or former officer of the

22 armed forces to be selected for promotion by a pro23 motion board until—

24 ‘‘(A) the claim has been referred by the

25 Secretary concerned to a special selection board
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1 convened under this section and acted upon by

2 that board and the report of the board has been

3 approved by the President; or

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

5 Secretary of Defense without consideration by a

6 special selection board; or

7 ‘‘(2) grant any relief on such a claim unless the

8 officer or former officer has been selected for pro9 motion by a special selection board convened under

10 this section to consider the officer’s claim and the

11 report of the board has been approved by the Presi12 dent.

13 ‘‘(h) JUDICIAL REVIEW.—(1) A court of the United

14 States may review a determination by the Secretary con15 cerned under subsection (a)(1) or (b)(1) not to convene

16 a special selection board. If a court finds the determina17 tion to be arbitrary or capricious, not based on substantial

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

19 case to the Secretary concerned, who shall provide for con20 sideration of the officer or former officer by a special selec21 tion board under this section.

22 ‘‘(2) A court of the United States may review the ac23 tion of a special selection board convened under this sec24 tion on a claim of an officer or former officer and any

25 action taken by the President on the report of the board.
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1 If a court finds that the action was contrary to law or

2 involved a material error of fact or a material administra3 tive error, it shall remand the case to the Secretary con4 cerned, who shall provide for reconsideration of the officer

5 or former officer by another special selection board.

6 ‘‘(i) EXISTING JURISDICTION.—(1) Nothing in this

7 section limits the jurisdiction of any court of the United

8 States under any provision of law to determine the validity

9 of any statute, regulation, or policy relating to selection

10 boards, except that, in the event that any such statute,

11 regulation, or policy is held invalid, the remedies pre12 scribed in this section shall be the sole and exclusive rem13 edies available to any person challenging the recommenda14 tion of a selection board on the basis of the invalidity.

15 ‘‘(2) Nothing in this section limits authority to cor16 rect a military record under section 1552 of this title.’’.

17 (c) EFFECTIVE DATE AND APPLICABILITY.—(1) The

18 amendments made by this section shall take effect on the

19 date of the enactment of this Act and, except as provided

20 in paragraph (2), shall apply with respect to any pro21 ceeding pending on or after that date without regard to

22 whether a challenge to an action of a selection board of

23 any of the Armed Forces being considered in such pro24 ceeding was initiated before, on, or after that date.
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1 (2) The amendments made by this section shall not

2 apply with respect to any action commenced in a court

3 of the United States before the date of the enactment of

4 this Act.

5 SEC. 507. EXTENSION TO ALL AIR FORCE BIOMEDICAL

6 SCIENCES OFFICERS OF AUTHORITY TO RE7 TAIN UNTIL SPECIFIED AGE.

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

9 is amended to read as follows:

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

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

12 reserve officer who is designated as a medical offi13 cer, dental officer, Air Force nurse, Medical Service

14 Corps officer, biomedical sciences officer, or chap15 lain.’’.

16 SEC. 508. TERMINATION OF APPLICATION REQUIREMENT

17 FOR CONSIDERATION OF OFFICERS FOR

18 CONTINUATION ON THE RESERVE ACTIVE19 STATUS LIST.

20 Section 14701(a)(1) of title 10, United States Code,

21 is amended by striking ‘‘Upon application, a reserve offi22 cer’’ and inserting ‘‘A reserve officer’’.
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1 SEC. 509. TECHNICAL CORRECTIONS RELATING TO RE2 TIRED GRADE OF RESERVE COMMISSIONED

3 OFFICERS.

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

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

6 service under chapter 1223 of this title’’.

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

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

9 service under chapter 1223 of this title’’.

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

11 subsections (a) and (b) shall apply to Reserve commis12 sioned officers who are promoted to a higher grade as a

13 result of selection for promotion by a board convened

14 under chapter 36 or 1403 of title 10, United States Code,

15 or having been found qualified for Federal recognition in

16 a higher grade under chapter 3 of title 32, United States

17 Code, after October 1, 1996.

18 SEC. 510. GRADE OF CHIEFS OF RESERVE COMPONENTS

19 AND DIRECTORS OF NATIONAL GUARD COM20 PONENTS.

21 (a) CHIEF OF ARMY RESERVE.—Section 3038(c) of

22 title 10, United States Code, is amended—

23 (1) by striking ‘‘major general’’ in the third

24 sentence and inserting ‘‘lieutenant general’’; and

25 (2) by striking the fourth sentence.
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1 (b) CHIEF OF NAVAL RESERVE.—Section 5143(c)(2)

2 of such title is amended—

3 (1) by striking ‘‘rear admiral’’ in the first sen4 tence and inserting ‘‘vice admiral’’; and

5 (2) by striking the second sentence.

6 (c) CHIEF OF AIR FORCE RESERVE.—Section

7 8038(c) of such title is amended—

8 (1) by striking ‘‘major general’’ in the third

9 sentence and inserting ‘‘lieutenant general’’; and

10 (2) by striking the fourth sentence.

11 (d) DIRECTORS IN THE NATIONAL GUARD BU12 REAU.—Subparagraphs (A) and (B) of section

13 10506(a)(1) of such title are each amended by striking

14 ‘‘the grade of major general or, if appointed to that posi15 tion in accordance with section 12505(a)(2) of this title,’’.

16 (e) COMMANDER, MARINE FORCES RESERVE.—(1)

17 Section 5144(c)(2) of such title is amended to read as fol18 lows:

19 ‘‘(2)(A) The Commander, Marine Forces Reserve,

20 while so serving, has the grade of major general, without

21 vacating the officer’s permanent grade. An officer may,

22 however, be assigned to the position of Commander, Ma23 rine Forces Reserve, in the grade of lieutenant general if

24 appointed to that grade for service in that position by the

25 President, by and with the advice and consent of the Sen-
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1 ate. An officer may be recommended to the President for

2 such an appointment if selected for appointment to that

3 position in accordance with subparagraph (B).

4 ‘‘(B) An officer shall be considered to have been se5 lected for appointment to the position of Commander, Ma6 rine Forces Reserve, in accordance with this subparagraph

7 if—

8 ‘‘(i) the officer is recommended for that ap9 pointment by the Secretary of the Navy;

10 ‘‘(ii) the officer is determined by the Chairman

11 of the Joint Chiefs of Staff, in accordance with cri12 teria and as a result of a process established by the

13 Chairman, to have significant joint duty experience;

14 and

15 ‘‘(iii) the officer is recommended by the Sec16 retary of Defense to the President for the appoint17 ment.’’.

18 (2) Until October 1, 2002, the Secretary of Defense

19 may, on a case-by-case basis, waive clause (ii) of section

20 5144(c)(2)(B) of title 10, United States Code (as added

21 by paragraph (1)), with respect to the appointment of an

22 officer to the position of Commander, Marine Forces Re23 serve, if in the judgment of the Secretary—

24 (A) the officer is qualified for service in the po25 sition; and
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1 (B) the waiver is necessary for the good of the

2 service.

3 (f) REPEAL OF SUPERSEDED AUTHORITY.—(1) Sec4 tion 12505 of title 10, United States Code, is repealed.

5 (2) The table of sections at the beginning of chapter

6 1213 of such title is amended by striking the item relating

7 to section 12505.

8 (g) EFFECTIVE DATE.—This section and the amend9 ments made by this section shall take effect on the earlier

10 of—

11 (1) the date that is 90 days after the date of

12 the enactment of this Act; or

13 (2) January 1, 2001.

14 Subtitle B—Joint Officer

15 Management

16 SEC. 521. JOINT SPECIALTY DESIGNATIONS AND ADDI17 TIONAL IDENTIFIERS.

18 Section 661 of title 10, United States Code, is

19 amended to read as follows:

20 ‘‘§ 661. Management policies for joint specialty offi21 cers

22 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense

23 shall establish policies, procedures, and practices for the

24 effective management of officers of the Army, Navy, Air

25 Force, and Marine Corps on the active-duty list who are
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1 particularly trained in, and oriented toward, joint matters

2 (as defined in section 668 of this title). Such officers shall

3 be identified or designated (in addition to their principal

4 military occupational specialty) in such manner as the

5 Secretary of Defense directs. For purposes of this chapter,

6 officers to be managed by such policies, procedures, and

7 practices are those who have been designated under sub8 section (b) as joint specialty officers.

9 ‘‘(b) JOINT SPECIALTY OFFICER DESIGNATION.—(1)

10 The purpose for designation of officers as joint specialty

11 officers is to provide a quickly identifiable group of officers

12 who have the joint service experience and education in

13 joint matters that are especially required for any par14 ticular organizational staff or joint task force operation.

15 ‘‘(2) To qualify for the joint specialty designation, an

16 officer shall—

17 ‘‘(A) have successfully completed—

18 ‘‘(i) a program of education in residence at

19 a joint professional military education school

20 accredited as such by the Chairman of the

21 Joint Chiefs of Staff; and

22 ‘‘(ii) a full tour of duty in a joint duty as23 signment; or

24 ‘‘(B) have successfully completed two full tours

25 of duty in joint duty assignments.
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1 ‘‘(3) The requirements set forth in paragraph (2)(A)

2 may be satisfied in any sequence.

3 ‘‘(4) The Secretary of Defense shall prescribe the

4 standards for characterizing the completion of a require5 ment under paragraph (2) as successful.

6 ‘‘(5) An officer may not be designated as a joint spe7 cialty officer unless qualified under paragraph (2).

8 ‘‘(c) ADDITIONAL IDENTIFIER.—An officer des9 ignated as a joint specialty officer may be awarded an ad10 ditional joint specialty identifier as directed by the Sec11 retary under subsection (a).

12 ‘‘(d) WAIVER AUTHORITY FOR AWARD OF ADDI13 TIONAL IDENTIFIER.—(1) The Secretary of Defense may

14 waive the applicability of a requirement for a qualification

15 set forth in subsection (b) for a designation of a particular

16 officer as a joint specialty officer upon the Secretary’s de17 termination that, by reason of unusual circumstances ap18 plicable in the officer’s case, the officer has one or more

19 qualifications that are comparable to the qualification

20 waived.

21 ‘‘(2) The Secretary may grant a waiver for a general

22 or flag officer under paragraph (1) only upon the Sec23 retary’s determination that it is necessary to do so in

24 order to meet a critical need of the armed forces.
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1 ‘‘(3) The Secretary may delegate authority under this

2 subsection only to the Deputy Secretary of Defense or the

3 Chairman of the Joint Chiefs of Staff.

4 ‘‘(4) The Secretary of the military department con5 cerned may request a waiver under this subsection. A re6 quest shall include a full justification for the requested

7 waiver on the basis of the criterion described in paragraph

8 (1) and, in the case of a general or flag officer, the addi9 tional criterion described in paragraph (2).

10 ‘‘(e) GENERAL AND FLAG OFFICER POSITIONS.—(1)

11 The Secretary of Defense shall designate the joint duty

12 assignments for general or flag officers that must be filled

13 by joint specialty officers.

14 ‘‘(2) Only a joint specialty officer may be assigned

15 to a joint duty assignment designated under paragraph

16 (1).

17 ‘‘(3) The Secretary may waive the limitation in para18 graph (2) if the Secretary determines that it is necessary

19 to do so in the interest of national security.

20 ‘‘(f) JOINT PROFESSIONAL MILITARY EDUCATION

21 SCHOOLS.—The Chairman of the Joint Chiefs of Staff

22 shall accredit as joint professional military education

23 schools for the purposes of this chapter the schools that

24 the Chairman determines as being qualified for the accred25 itation. A school may not be considered a joint profes-
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1 sional military education school for any such purpose un2 less the school is so accredited.’’.

3 SEC. 522. PROMOTION OBJECTIVES.

4 (a) OBJECTIVES.—Section 662 of title 10, United

5 States Code, is amended to read as follows:

6 ‘‘§ 662. Promotion policy objectives for joint officers

7 ‘‘(a) QUALIFICATIONS.—The Secretary of Defense

8 shall ensure that the qualifications of officers assigned to

9 joint duty assignments and officers whose previous assign10 ment was a joint duty assignment are such that those offi11 cers are expected, as a group, to be promoted to the next

12 higher grade at a rate not less than the rate for officers

13 of the same armed force in the same grade and competi14 tive category who are serving on the headquarters staff

15 of that armed force.

16 ‘‘(b) VALIDATION OF QUALIFICATIONS.—(1) The

17 Secretary of a military department shall validate the quali18 fications of officers under the jurisdiction of the Secretary

19 for eligibility for joint duty assignments.

20 ‘‘(2) The Secretary shall ensure that, under the proc21 ess prescribed under paragraph (3), an adequate number

22 of the colonels or, in the case of the Navy, captains vali23 dated as qualified for joint duty assignments satisfy the

24 requirements under section 619a of this title for pro-
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1 motion to brigadier general or rear admiral (lower half),

2 respectively.

3 ‘‘(3) The Secretary shall prescribe the process for

4 validating qualifications of officers under the jurisdiction

5 of the Secretary in accordance with this subsection.

6 ‘‘(c) CONSIDERATION OF JOINT SPECIALTY OFFI7 CERS.—(1) The Secretary of Defense shall prescribe poli8 cies for ensuring that joint specialty officers eligible for

9 consideration for promotion are appropriately considered

10 for promotion.

11 ‘‘(2) The policies shall require the following:

12 ‘‘(A) That at least one member of a board con13 vened for the selection of officers for promotion to

14 a grade above major or, in the case of the Navy,

15 lieutenant commander is serving in a joint duty as16 signment and has been approved by the Chairman of

17 the Joint Chiefs of Staff for appointment to mem18 bership on that board.

19 ‘‘(B) That the Chairman of the Joint Chiefs of

20 Staff has the opportunity to review the report of

21 each promotion selection board referred to in sub22 paragraph (A), and to submit comments on the re23 port to the Secretary of Defense and the Secretary

24 of the military department concerned, before the
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1 Secretary of that military department takes action

2 on the report.’’.

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

4 at the beginning of chapter 38 of title 10, United States

5 Code, is amended by striking the item relating to section

6 662 and inserting the following:

‘‘662. Promotion policy objectives for joint officers.’’.

7 SEC. 523. EDUCATION.

8 (a) OFFICERS ELIGIBLE FOR WAIVER OF CAPSTONE

9 COURSE REQUIREMENT.—Subsection (a)(1)(C) of section

10 663 of title 10, United States Code, is amended by strik11 ing ‘‘scientific and technical qualifications’’ and inserting

12 ‘‘career field specialty qualifications’’.

13 (b) REPEAL OF REQUIREMENT FOR POST-EDU14 CATION JOINT DUTY ASSIGNMENT.—Such section is fur15 ther amended by striking subsection (d).

16 SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENT.

17 (a) IN GENERAL.—Section 664 of title 10, United

18 States Code, is amended—

19 (1) by striking subsections (a) through (h);

20 (2) by redesignating subsection (i) as subsection

21 (f); and

22 (3) by inserting after the section heading the

23 following:

24 ‘‘(a) IN GENERAL.—The length of a joint duty as25 signment at an installation or other place of duty shall
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1 be equivalent to the standard length of the assignments

2 (other than joint duty assignments) of officers at that in3 stallation or other place of duty.

4 ‘‘(b) WAIVER AUTHORITY.—The Secretary of De5 fense may waive the requirement in subsection (a) for the

6 length of a joint duty assignment in the case of any officer

7 upon a determination by the Secretary that the waiver is

8 critical in the case of that specific officer for meeting mili9 tary personnel management requirements.

10 ‘‘(c) CURTAILMENT OF ASSIGNMENT.—The Sec11 retary of Defense may, upon the request of the Secretary

12 of the military department concerned, authorize a curtail13 ment of a joint duty assignment of more than two years

14 for an officer who has served in that assignment for at

15 least two years.

16 ‘‘(d) FULL TOUR OF DUTY.—Subject to subsection

17 (e), an officer shall be considered to have completed a full

18 tour of duty in a joint duty assignment upon the comple19 tion of service performed in a grade not lower than major

20 or, in the case of the Navy, lieutenant commander, as fol21 lows:

22 ‘‘(1) Service in a joint duty assignment that

23 meets the standard set forth in subsection (a).

24 ‘‘(2) Service in a joint duty assignment under

25 the circumstances described in subsection (c).
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1 ‘‘(3) Cumulative service in one or more joint

2 task force headquarters that is substantially equiva3 lent to a standard length of assignment determined

4 under subsection (a).

5 ‘‘(4) Service in a joint duty assignment with re6 spect to which the Secretary of Defense has granted

7 a waiver under subsection (b), but only in a case in

8 which the Secretary directs that the service com9 pleted by the officer in that duty assignment be con10 sidered to be a full tour of duty in a joint duty as11 signment.

12 ‘‘(5) Service in a second joint duty assignment

13 that is less than the period required under sub14 section (a), but is not less than two years, without

15 regard to whether a waiver was granted for such as16 signment under subsection (b).’’.

17 (b) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK

18 FORCE ASSIGNMENTS.—Subsection (f) of such section, as

19 redesignated by subsection (a)(2), is amended—

20 (1) in paragraph (4)(B), by inserting before the

21 period at the end the following: ‘‘, except that cumu22 lative service of less than one year in more than one

23 such assignment in the headquarters of a joint task

24 force may not be credited’’;

25 (2) in paragraph (4)(E)—
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1 (A) by striking ‘‘combat or combat-re2 lated’’; and

3 (B) by inserting before the period at the

4 end the following: ‘‘, as approved by the Sec5 retary of Defense’’;

6 (3) in paragraph (5), by striking ‘‘any of the

7 following provisions of this title:’’ and all that fol8 lows and inserting ‘‘section 662 of this title or para9 graph (2), (4), or (7) of section 667(a) of this

10 title.’’; and

11 (4) by striking paragraph (6).

12 SEC. 525. ANNUAL REPORT TO CONGRESS.

13 Section 667 of title 10, United States Code, is

14 amended by striking paragraph (1) and all that follows

15 and inserting the following:

16 ‘‘(1) The number of joint specialty officers, re17 ported by grade and by branch or specialty.

18 ‘‘(2) An assessment of the extent to which the

19 Secretary of each military department is assigning

20 personnel to joint duty assignments in accordance

21 with this chapter and the policies, procedures, and

22 practices established by the Secretary of Defense

23 under section 661(a) of this title.

24 ‘‘(3) The number of waivers granted under sec25 tion 619a(b)(1) of this title for officers in the grade
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1 of colonel or, in the case of the Navy, captain for

2 each of the years preceding the year in which the re3 port is submitted.

4 ‘‘(4) The officers whose service in joint duty as5 signments during the year covered by the report ter6 minated before the officers completed the full tour of

7 duty in those assignments, expressed as a percent of

8 the total number of officers in joint duty assign9 ments during that year.

10 ‘‘(5) The percentage of fill of student quotas for

11 each course of the National Defense University for

12 the year covered by the report.

13 ‘‘(6) A list of the joint task force headquarters

14 in which service was approved for crediting as a

15 joint duty assignment for the year covered by the re16 port.

17 ‘‘(7) The following comparisons:

18 ‘‘(A) A comparison of—

19 ‘‘(i) the promotion rates for officers

20 who are officers serving in joint duty as21 signments or officers whose previous as22 signment was a joint duty assignment and

23 were considered for promotion within the

24 promotion zone, with
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1 ‘‘(ii) the promotion rates for other of2 ficers in the same grade and the same

3 competitive category who are serving on

4 the headquarters staff of the armed force

5 concerned and were considered for pro6 motion within the promotion zone.

7 ‘‘(B) A comparison of—

8 ‘‘(i) the promotion rates for officers

9 who are officers serving in joint duty as10 signments or officers whose previous as11 signment was a joint duty assignment and

12 were considered for promotion from above

13 the promotion zone, with

14 ‘‘(ii) the promotion rates for other of15 ficers in the same grade and the same

16 competitive category who are serving on

17 the headquarters staff of the armed force

18 concerned and were considered for pro19 motion from above the promotion zone.

20 ‘‘(C) A comparison of—

21 ‘‘(i) the promotion rates for officers

22 who are officers serving in joint duty as23 signments or officers whose previous as24 signment was a joint duty assignment and
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1 were considered for promotion from below

2 the promotion zone, with

3 ‘‘(ii) the promotion rates for other of4 ficers in the same grade and the same

5 competitive category who are serving on

6 the headquarters staff of the armed force

7 concerned and were considered for pro8 motion from below the promotion zone.

9 ‘‘(8) If any of the comparisons in paragraph (7)

10 indicate that the promotion rates for officers re11 ferred to in subparagraph (A)(i), (B)(i), or (C)(i) of

12 such paragraph fail to meet the objective set forth

13 in section 662(a) of this title, information on the

14 failure and on what action the Secretary has taken

15 or plans to take to prevent further failures.

16 ‘‘(9) Any other information relating to joint of17 ficer management that the Secretary of Defense con18 siders significant.’’.

19 SEC. 526. MULTIPLE ASSIGNMENTS CONSIDERED AS SIN20 GLE JOINT DUTY ASSIGNMENT.

21 (a) DEFINITION OF JOINT DUTY ASSIGNMENT.—

22 Subsection (b) of section 668 of title 10, United States

23 Code, is amended—

24 (1) by redesignating paragraph (2) as para25 graph (3); and
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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2):

3 ‘‘(2) An assignment not qualifying as a joint duty as4 signment within the definition prescribed under paragraph

5 (1) shall be treated as a joint duty assignment for the

6 purposes of this subchapter if the assignment is consid7 ered under subsection (c)(2) as part of a single tour of

8 duty in a joint duty assignment.’’.

9 (b) MULTIPLE ASSIGNMENTS CONSIDERED AS SIN10 GLE TOUR OF DUTY.—Subsection (c) of such section is

11 amended to read as follows:

12 ‘‘(c) MULTIPLE ASSIGNMENTS CONSIDERED AS SIN13 GLE TOUR OF DUTY.—For purposes of this chapter, serv14 ice in more than one assignment shall be considered to

15 be a single tour of duty in a joint duty assignment, as

16 follows:

17 ‘‘(1) Continuous service in two or more con18 secutive joint duty assignments, as defined under

19 subsection (b)(1).

20 ‘‘(2) Continuous service, in any order, in—

21 ‘‘(A) at least one joint duty assignment, as

22 defined under subsection (b)(1); and

23 ‘‘(B) one or more assignments not satis24 fying the definition prescribed under subsection

25 (b)(1) but involving service that provides sig-
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1 nificant experience in joint matters, as deter2 mined under policies prescribed by the Sec3 retary of Defense under section 661(a) of this

4 title.’’.

5 SEC. 527. JOINT DUTY REQUIREMENT FOR PROMOTION TO

6 ONE-STAR GRADES.

7 Section 619a of title 10, United States Code, is

8 amended—

9 (1) in subsection (a), by striking ‘‘section

10 664(f)’’ and inserting ‘‘section 664(d); and

11 (2) in subsection (b)—

12 (A) in paragraph (2), by striking ‘‘sci13 entific and technical qualifications’’ and insert14 ing ‘‘career field specialty qualifications’’; and

15 (B) in paragraph (4), by striking ‘‘if—’’

16 and all that follows and inserting a period.

17 Subtitle C—Education and

18 Training

19 SEC. 541. ELIGIBILITY OF CHILDREN OF RESERVES FOR

20 PRESIDENTIAL APPOINTMENT TO SERVICE

21 ACADEMIES.

22 (a) UNITED STATES MILITARY ACADEMY.—Section

23 4342(b)(1) of title 10, United States Code, is amended—

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

25 than those granted retired pay under section 12731
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1 of this title (or under section 1331 of this title as

2 in effect before the effective date of the Reserve Of3 ficer Personnel Management Act)’’; and

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

6 ‘‘(C) are serving as members of reserve

7 components and are credited with at least eight

8 years of service computed under section 12733

9 of this title; or

10 ‘‘(D) would be, or who died while they

11 would have been, entitled to retired pay under

12 chapter 1223 of this title except for not having

13 attained 60 years of age;’’.

14 (b) UNITED STATES NAVAL ACADEMY.—Section

15 6954(b)(1) of such title is amended—

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

17 than those granted retired pay under section 12731

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

19 in effect before the effective date of the Reserve Of20 ficer Personnel Management Act)’’; and

21 (2) by inserting after subparagraph (B) the fol22 lowing:

23 ‘‘(C) are serving as members of reserve

24 components and are credited with at least eight
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1 years of service computed under section 12733

2 of this title; or

3 ‘‘(D) would be, or who died while they

4 would have been, entitled to retired pay under

5 chapter 1223 of this title except for not having

6 attained 60 years of age;’’.

7 (c) UNITED STATES AIR FORCE ACADEMY.—Section

8 9342(b)(1) of such title is amended—

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

10 than those granted retired pay under section 12731

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

12 in effect before the effective date of the Reserve Of13 ficer Personnel Management Act)’’; and

14 (2) by inserting after subparagraph (B) the fol15 lowing:

16 ‘‘(C) are serving as members of reserve

17 components and are credited with at least eight

18 years of service computed under section 12733

19 of this title; or

20 ‘‘(D) would be, or who died while they

21 would have been, entitled to retired pay under

22 chapter 1223 of this title except for not having

23 attained 60 years of age;’’.
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1 SEC. 542. SELECTION OF FOREIGN STUDENTS TO RECEIVE

2 INSTRUCTION AT SERVICE ACADEMIES.

3 (a) UNITED STATES MILITARY ACADEMY.—Section

4 4344(a) of title 10, United States Code, is amended by

5 adding at the end the following:

6 ‘‘(3) In selecting persons to receive instruction under

7 this section from among applicants from the countries ap8 proved under paragraph (2), the Secretary shall give a pri9 ority to persons who have a national service obligation to

10 their countries upon graduation from the Academy.’’.

11 (b) UNITED STATES NAVAL ACADEMY.—Section

12 6957(a) of such title is amended by adding at the end

13 the following:

14 ‘‘(3) In selecting persons to receive instruction under

15 this section from among applicants from the countries ap16 proved under paragraph (2), the Secretary shall give a pri17 ority to persons who have a national service obligation to

18 their countries upon graduation from the Academy.’’.

19 (c) UNITED STATES AIR FORCE ACADEMY.—Section

20 9344(a) of such title is amended by adding at the end

21 the following:

22 ‘‘(3) In selecting persons to receive instruction under

23 this section from among applicants from the countries ap24 proved under paragraph (2), the Secretary shall give a pri25 ority to persons who have a national service obligation to

26 their countries upon graduation from the Academy.’’.
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1 (d) EFFECTIVE DATE AND APPLICABILITY.—This

2 section and the amendments made by this section shall

3 take effect on October 1, 2000, and shall apply with re4 spect to academic years that begin after that date.

5 SEC. 543. REPEAL OF CONTINGENT FUNDING INCREASE

6 FOR JUNIOR RESERVE OFFICERS TRAINING

7 CORPS.

8 (a) REPEAL.—(1) Section 2033 of title 10, United

9 States Code, is repealed.

10 (2) The table of sections at the beginning of chapter

11 102 of such title is amended by striking the item relating

12 to section 2033.

13 (b) EFFECTIVE DATE.—This section and the amend14 ments made by this section shall take effect on October

15 1, 2000.

16 SEC. 544. REVISION OF AUTHORITY FOR MARINE CORPS

17 PLATOON LEADERS CLASS TUITION ASSIST18 ANCE PROGRAM.

19 (a) ELIGIBILITY OF OFFICERS.—Section 16401 of

20 title 10, United States Code, is amended—

21 (1) in subsection (a), by striking ‘‘enlisted’’ in

22 the matter preceding paragraph (1); and

23 (2) in subsection (b)(1)—
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1 (A) by striking ‘‘an enlisted member’’ in

2 the matter preceding subparagraph (A) and in3 serting ‘‘a member’’; and

4 (B) by striking ‘‘an officer candidate in’’ in

5 subparagraph (A) and inserting ‘‘a member of’’.

6 (b) REPEAL OF AGE LIMITATIONS.—Subsection (b)

7 of such section is amended—

8 (1) in paragraph (1)—

9 (A) by striking subparagraph (B);

10 (B) by redesignating subparagraphs (C)

11 and (D) as subparagraphs (B) and (C), respec12 tively; and

13 (C) in subparagraph (C), as so redesig14 nated, by striking ‘‘paragraph (3)’’ and insert15 ing ‘‘paragraph (2)’’;

16 (2) by striking subparagraph (2);

17 (3) by redesignating paragraph (3) as para18 graph (2); and

19 (4) in paragraph (2), as so redesignated, by

20 striking ‘‘paragraph (1)(D)’’ and inserting ‘‘para21 graph (1)(C)’’.

22 (c) CANDIDATES FOR LAW DEGREES.—Subsection

23 (a)(2) of such section is amended by striking ‘‘three’’ and

24 inserting ‘‘four’’.
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1 (d) INAPPLICABILITY OF SANCTION TO OFFICERS.—

2 Subsection (f)(1) of such section is amended by striking

3 ‘‘A member’’ and inserting ‘‘An enlisted member’’.

4 (e) AMENDMENTS OF HEADINGS.—(1) The heading

5 for such section is amended to read as follows:

6 ‘‘§ 16401. Marine Corps Platoon Leaders Class tuition

7 assistance program’’.

8 (2) The heading for subsection (a) of such section

9 is amended by striking ‘‘FOR FINANCIAL ASSISTANCE

10 PROGRAM’’.

11 (f) CLERICAL AMENDMENT.—The item relating to

12 such section in the table of chapters at the beginning of

13 chapter 1611 of title 10, United States Code, is amended

14 to read as follows:

‘‘16401. Marine Corps Platoon Leaders Class tuition assistance program.’’.

15 Subtitle D—Matters Relating to

16 Recruiting

17 SEC. 551. ARMY RECRUITING PILOT PROGRAMS.

18 (a) REQUIREMENT FOR PROGRAMS.—The Secretary

19 of the Army shall carry out pilot programs to test various

20 recruiting approaches under this section for the following

21 purposes:

22 (1) To assess the effectiveness of the recruiting

23 approaches for creating enhanced opportunities for

24 recruiters to make direct, personal contact with po25 tential recruits.
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1 (2) To improve the overall effectiveness and ef2 ficiency of Army recruiting activities.

3 (b) OUTREACH THROUGH MOTOR SPORTS.—(1) One

4 of the pilot programs shall be a pilot program of public

5 outreach that associates the Army with motor sports com6 petitions to achieve the objectives set forth in paragraph

7 (2).

8 (2) The events and activities undertaken under the

9 pilot program shall be designed to provide opportunities

10 for Army recruiters to make direct, personal contact with

11 high school students to achieve the following objectives:

12 (A) To increase enlistments by students grad13 uating from high school.

14 (B) To reduce attrition in the Delayed Entry

15 Program of the Army by sustaining the personal

16 commitment of students who have elected delayed

17 entry into the Army under the program.

18 (3) Under the pilot program, the Secretary shall pro19 vide for the following:

20 (A) For Army recruiters or other Army

21 personnel—

22 (i) to organize Army sponsored career day

23 events in association with national motor sports

24 competitions; and
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1 (ii) to arrange for or encourage attendance

2 at the competitions by high school students,

3 teachers, guidance counselors, and administra4 tors of high schools located near the competi5 tions.

6 (B) For Army recruiters and other soldiers to

7 attend national motor sports competitions—

8 (i) to display exhibits depicting the con9 temporary Army and career opportunities in the

10 Army; and

11 (ii) to discuss those opportunities with po12 tential recruits.

13 (C) For the Army to sponsor a motor sports

14 racing team as part of an integrated program of re15 cruitment and publicity for the Army.

16 (D) For the Army to sponsor motor sports com17 petitions for high school students at which recruiters

18 meet with potential recruits.

19 (E) For Army recruiters or other Army per20 sonnel to compile in an Internet accessible database

21 the names, addresses, telephone numbers, and elec22 tronic mail addresses of persons who are identified

23 as potential recruits through activities under the

24 pilot program.
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1 (F) Any other activities associated with motor

2 sports competition that the Secretary determines ap3 propriate for Army recruitment purposes.

4 (c) OUTREACH AT VOCATIONAL SCHOOLS AND COM5 MUNITY COLLEGES.—(1) One of the pilot programs shall

6 be a pilot program under which Army recruiters are as7 signed at postsecondary vocational institutions and com8 munity colleges for the purpose of recruiting students

9 graduating from those institutions and colleges, recent

10 graduates of those institutions and colleges, and students

11 withdrawing from enrollments in those institutions and

12 colleges.

13 (2) The Secretary shall select the institutions and col14 leges to be invited to participate in the pilot program.

15 (3) The conduct of the pilot program at an institution

16 or college shall be subject to an agreement which the Sec17 retary shall enter into with the governing body or author18 ized official of the institution or college, as the case may

19 be.

20 (4) Under the pilot program, the Secretary shall pro21 vide for the following:

22 (A) For Army recruiters to be placed in post23 secondary vocational institutions and community col24 leges to serve as a resource for guidance counselors

25 and to recruit for the Army.
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1 (B) For Army recruiters to recruit from among

2 students and graduates described in paragraph (1).

3 (C) For the use of telemarketing, direct mail,

4 interactive voice response systems, and Internet

5 website capabilities to assist the recruiters in the

6 postsecondary vocational institutions and community

7 colleges.

8 (D) For any other activities that the Secretary

9 determines appropriate for recruitment activities in

10 postsecondary vocational institutions and community

11 colleges.

12 (5) In this subsection, the term ‘‘postsecondary voca13 tional institution’’ has the meaning given the term in sec14 tion 102(c) of the Higher Education Act of 1965 (20

15 U.S.C. 1002(c)).

16 (d) CONTRACT RECRUITING INITIATIVES.—(1) One

17 of the pilot programs shall be a program that expands in

18 accordance with this subsection the scope of the Army’s

19 contract recruiting initiatives that are ongoing as of the

20 date of the enactment of this Act. Under the pilot pro21 gram, the Secretary shall select at least five recruiting bat22 talions to apply the initiatives in efforts to recruit per23 sonnel for the Army.

24 (2) Under the pilot program, the Secretary shall pro25 vide for the following:
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1 (A) For replacement of the Regular Army re2 cruiters by contract recruiters in the five recruiting

3 battalions selected under paragraph (1).

4 (B) For operation of the five battalions under

5 the same rules and chain of command as the other

6 Army recruiting battalions.

7 (C) For use of the offices, facilities, and equip8 ment of the five battalions by the contract recruit9 ers.

10 (D) For reversion to performance of the re11 cruiting activities by Regular Army soldiers in the

12 five battalions upon termination of the pilot pro13 gram.

14 (E) For any other uses of contractor personnel

15 for Army recruiting activities that the Secretary de16 termines appropriate.

17 (e) DURATION OF PILOT PROGRAMS.—The pilot pro18 grams required by this section shall be carried out during

19 the period beginning on October 1, 2000, and, subject to

20 subsection (f), ending on December 31, 2005.

21 (f) AUTHORITY TO EXPAND OR EXTEND PILOT PRO22 GRAMS.—The Secretary may expand the scope of any of

23 the pilot programs (under subsection (b)(3)(F), (c)(4)(D),

24 (d)(2)(E), or otherwise) or extend the period for any of

25 the pilot programs. Before doing so in the case of a pilot
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1 program, the Secretary shall submit to the Committees on

2 Armed Services of the Senate and the House of Represent3 atives a written notification of the expansion of the pilot

4 program (together with the scope of the expansion) or the

5 continuation of the pilot program (together with the period

6 of the extension), as the case may be.

7 (g) RELATIONSHIP TO OTHER LAW.—The Secretary

8 may exercise the authority to carry out a pilot program

9 under this section without regard to any other provision

10 of law that, except for this subsection, would otherwise

11 restrict the actions taken by the Secretary under that au12 thority.

13 (h) REPORTS.—Not later than February 1, 2006, the

14 Secretary of the Army shall submit to the Committees on

15 Armed Services of the Senate and the House of Represent16 atives a separate report on each of the pilot programs car17 ried out under this section. The report on a pilot program

18 shall include the following:

19 (1) The Secretary’s assessment of the value of

20 the actions taken in the administration of the pilot

21 program for increasing the effectiveness and effi22 ciency of Army recruiting.

23 (2) Any recommendations for legislation or

24 other action that the Secretary considers appropriate
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1 to increase the effectiveness and efficiency of Army

2 recruiting.

3 SEC. 552. ENHANCEMENT OF THE JOINT AND SERVICE RE4 CRUITMENT MARKET RESEARCH AND ADVER5 TISING PROGRAMS.

6 The Secretary of Defense shall take appropriate ac7 tions to enhance the effectiveness of the Joint and Service

8 Recruiting and Advertising Programs through an aggres9 sive program of advertising and market research targeted

10 to prospective recruits for the Armed Forces and to per11 sons who influence prospective recruits. Chapter 35 of title

12 44, United States Code, shall not apply to actions taken

13 under this section.

14 SEC. 553. ACCESS TO SECONDARY SCHOOLS FOR MILITARY

15 RECRUITING PURPOSES.

16 (a) REQUIREMENT FOR ACCESS.—Section 503(c) of

17 title 10, United States Code, is amended to read as fol18 lows:

19 ‘‘(c) ACCESS TO SECONDARY SCHOOLS.—(1) Each

20 local educational agency shall provide to the Department

21 of Defense, upon a request made for military recruiting

22 purposes, the same access to secondary school students,

23 and to directory information concerning such students, as

24 is provided generally to post-secondary educational institu-
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1 tions or to prospective employers of those students, except

2 as provided in paragraph (5).

3 ‘‘(2) If a local educational agency denies a request

4 for recruiting access that must be granted under para5 graph (1), the Secretary of the military department for

6 which the request is made shall designate a general or flag

7 officer of the armed force concerned or a senior executive

8 of that military department to visit the local educational

9 agency for the purpose of arranging for recruiting access.

10 The designated officer or senior executive shall make the

11 visit within 120 days after the date of the denial of the

12 request.

13 ‘‘(3) Upon a determination by the Secretary of De14 fense that, after the actions under paragraph (2) have

15 been taken with respect to a local educational agency, the

16 agency continues to deny recruiting access, the Secretary

17 shall transmit to the Chief Executive of the State in which

18 the local educational agency is located a notification of the

19 denial of access and a request for assistance in obtaining

20 the requested access. The notification shall be transmitted

21 within 60 days after the date of the determination. The

22 Secretary shall provide copies of communications between

23 the Secretary and a Chief Executive under this subpara24 graph to the Secretary of Education.
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1 ‘‘(4) If a local educational agency continues to deny

2 recruiting access one year after the date of the transmittal

3 of a notification regarding that agency under paragraph

4 (3), the Secretary shall—

5 ‘‘(A) determine whether the agency denies re6 cruiting access to at least two of the armed forces

7 (other than the Coast Guard when it is not oper8 ating as a service in the Navy); and

9 ‘‘(B) upon making an affirmative determination

10 under subparagraph (A), transmit a notification of

11 the denial of recruiting access to—

12 ‘‘(i) the Committees on Armed Services of

13 the Senate and the House of Representatives;

14 ‘‘(ii) the Senators of the State in which the

15 local educational agency operates; and

16 ‘‘(iii) the member of the House of Rep17 resentatives who represents the district in which

18 the local educational agency operates.

19 ‘‘(5) The requirements of this subsection do not apply

20 to a local educational agency with respect to access to sec21 ondary school students or access to directory information

22 concerning such students during any period that there is

23 in effect a policy of the agency, established by majority

24 vote of the governing body of the agency, to deny access
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1 to the students or to the directory information, respec2 tively, for military recruiting purposes.

3 ‘‘(6) In this subsection:

4 ‘‘(A) The term ‘local educational agency’ in5 cludes a private secondary educational institution.

6 ‘‘(B) The term ‘recruiting access’ means access

7 requested as described in paragraph (1).

8 ‘‘(C) The term ‘senior executive’ has the mean9 ing given that term in section 3132(a)(3) of title 5.

10 ‘‘(D) The term ‘State’ includes the District of

11 Columbia, American Samoa, the Federated States of

12 Micronesia, Guam, the Republic of the Marshall Is13 lands, the Commonwealth of the Northern Mariana

14 Islands, the Commonwealth of Puerto Rico, the Re15 public of Palau, and the United States Virgin Is16 lands.’’.

17 (b) TECHNICAL AMENDMENTS.—Section 503 of title

18 10, United States Code, is amended—

19 (1) in subsection (a), by inserting ‘‘RECRUITING

20 CAMPAIGNS.—’’ after ‘‘(a)’’;

21 (2) in subsection (b), by inserting ‘‘COMPILA22 TION OF DIRECTORY INFORMATION.—’’ after ‘‘(b)’’;

23 and

24 (3) in subsection (c), by inserting ‘‘ACCESS TO

25 SECONDARY SCHOOLS.—’’ after ‘‘(c)’’.
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1 (c) REPEAL OF DUPLICATIVE AUTHORITY REGARD2 ING GRANTS AND CONTRACTS TO UNCOOPERATIVE INSTI3 TUTIONS OF HIGHER EDUCATION.—Section 8120 of the

4 Department of Defense Appropriations Act, 2000 (Public

5 Law 106–79; 113 Stat. 1260; 10 U.S.C. 983 note) is re6 pealed.

7 (d) EFFECTIVE DATES.—(1) The amendment made

8 by subsection (a) shall take effect on July 1, 2002.

9 (2) The amendments made by subsections (b) and (c)

10 shall take effect on the date of the enactment of this Act.

11 Subtitle E—Other Matters

12 SEC. 561. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO

13 CERTAIN SPECIFIED PERSONS.

14 (a) INAPPLICABILITY OF TIME LIMITATIONS.—Not15 withstanding the time limitations in section 3744(b) of

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

17 the President may award the Medal of Honor under sec18 tion 3741 of such title to the persons specified in sub19 section (b) for the acts specified in that subsection, the

20 award of the Medal of Honor to such persons having been

21 determined by the Secretary of the Army to be warranted

22 in accordance with section 1130 of such title.

23 (b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF

24 HONOR.—The persons referred to in subsection (a) are

25 the following:
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1 (1) Ed W. Freeman, for conspicuous acts of

2 gallantry and intrepidity at the risk of his life and

3 beyond the call of duty on November 14, 1965, as

4 flight leader and second-in-command of a helicopter

5 lift unit at landing zone X–Ray in the Battle of the

6 Ia Drang Valley, Republic of Vietnam, during the

7 Vietnam War, while serving in the grade of Captain

8 in Alpha Company, 229th Assault Helicopter Bat9 talion, 101st Cavalry Division (Airmobile).

10 (2) James K. Okubo, for conspicuous acts of

11 gallantry and intrepidity at the risk of his life and

12 beyond the call of duty on October 28 and 29, and

13 November 4, 1944, at Foret Domaniale de Champ,

14 near Biffontaine, France, during World War II,

15 while serving as an Army medic in the grade of

16 Technician Fifth Grade in the medical detachment,

17 442d Regimental Combat Team.

18 (3) Andrew J. Smith, for conspicuous acts of

19 gallantry and intrepidity at the risk of his life and

20 beyond the call of duty on November 30, 1864, in

21 the Battle of Honey Hill, South Carolina, during the

22 Civil War, while serving as a corporal in the 55th

23 Massachusetts Voluntary Infantry Regiment.
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1 (c) POSTHUMOUS AWARD.—The Medal of Honor may

2 be awarded under this section posthumously, as provided

3 in section 3752 of title 10, United States Code.

4 (d) PRIOR AWARD.—The Medal of Honor may be

5 awarded under this section for service for which a Silver

6 Star, or other award, has been awarded.

7 SEC. 562. WAIVER OF TIME LIMITATIONS FOR AWARD OF

8 CERTAIN DECORATIONS TO CERTAIN PER9 SONS.

10 (a) WAIVER.—Any limitation established by law or

11 policy for the time within which a recommendation for the

12 award of a military decoration or award must be sub13 mitted shall not apply to awards of decorations described

14 in this section, the award of each such decoration having

15 been determined by the Secretary concerned to be war16 ranted in accordance with section 1130 of title 10, United

17 States Code.

18 (b) SILVER STAR.—Subsection (a) applies to the

19 award of the Silver Star to Louis Rickler, of Rochester,

20 New York, for gallantry in action from August 18 to No21 vember 18, 1918, while serving as a member of the Army.

22 (c) DISTINGUISHED FLYING CROSS.—Subsection (a)

23 applies to the award of the Distinguished Flying Cross

24 for service during World War II or Korea (including mul25 tiple awards to the same individual) in the case of each
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1 individual concerning whom the Secretary of the Navy (or

2 an officer of the Navy acting on behalf of the Secretary)

3 submitted to the Committee on Armed Services of the

4 House of Representatives and the Committee on Armed

5 Services of the Senate, during the period beginning on Oc6 tober 5, 1999, and ending on the day before the date of

7 the enactment of this Act, a notice as provided in section

8 1130(b) of title 10, United States Code, that the award

9 of the Distinguished Flying Cross to that individual is

10 warranted and that a waiver of time restrictions pre11 scribed by law for recommendation for such award is rec12 ommended.

13 SEC. 563. INELIGIBILITY FOR INVOLUNTARY SEPARATION

14 PAY UPON DECLINATION OF SELECTION FOR

15 CONTINUATION ON ACTIVE DUTY.

16 (a) INELIGIBILITY.—Section 1174(a)(1) of title 10,

17 United States Code, is amended—

18 (1) by inserting ‘‘, 637(a)(4),’’ after ‘‘section

19 630(1)(A)’’; and

20 (2) by inserting ‘‘(except under section

21 580(e)(2))’’ after ‘‘section 580’’.

22 (b) EFFECTIVE DATE AND APPLICABILITY.—The

23 amendments made by subsection (a) shall take effect on

24 October 1, 2000, and shall apply with respect to dis25 charges and retirements from active duty that take effect
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1 under section 580(e)(2) or 637(a)(4) of title 10, United

2 States Code, on or after that date.

3 SEC. 564. RECOGNITION BY STATES OF MILITARY TESTA4 MENTARY INSTRUMENTS.

5 (a) IN GENERAL.—Chapter 53 of title 10, United

6 States Code, is amended by inserting after section 1044c

7 the following new section:

8 ‘‘§ 1044d. Military testamentary instruments: require9 ment for recognition by States

10 ‘‘(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN

11 LEGAL EFFECT.—A military testamentary instrument—

12 ‘‘(1) is exempt from any requirement of form,

13 formality, or recording before probate that is pro14 vided for testamentary instruments under the laws

15 of a State; and

16 ‘‘(2) has the same legal effect as a testa17 mentary instrument prepared and executed in ac18 cordance with the laws of the State in which it is

19 presented for probate.

20 ‘‘(b) MILITARY TESTAMENTARY INSTRUMENTS.—

21 For purposes of this section, a military testamentary in22 strument is an instrument that is prepared with testa23 mentary intent in accordance with regulations prescribed

24 under this section and that—
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1 ‘‘(1) is executed in accordance with subsection

2 (c) by (or on behalf of) a person, as a testator, who

3 is eligible for military legal assistance;

4 ‘‘(2) makes a disposition of property of the tes5 tator; and

6 ‘‘(3) takes effect upon the death of the testator.

7 ‘‘(c) REQUIREMENTS FOR EXECUTION OF MILITARY

8 TESTAMENTARY INSTRUMENTS.—An instrument is valid

9 as a military testamentary instrument only if—

10 ‘‘(1) the instrument is executed by the testator

11 (or, if the testator is unable to execute the instru12 ment personally, the instrument is executed in the

13 presence of, by the direction of, and on behalf of the

14 testator);

15 ‘‘(2) the instrument is executed in the presence

16 of a military legal assistance counsel acting as pre17 siding attorney;

18 ‘‘(3) the instrument is executed in the presence

19 of at least two disinterested witnesses (in addition to

20 the presiding attorney), each of whom attests to wit21 nessing the testator’s execution of the instrument by

22 signing it; and

23 ‘‘(4) the instrument is executed in accordance

24 with such additional requirements as may be pro25 vided in regulations prescribed under this section.
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1 ‘‘(d) SELF-PROVING MILITARY TESTAMENTARY IN2 STRUMENTS.—(1) If the document setting forth a military

3 testamentary instrument meets the requirements of para4 graph (2), then the signature of a person on the document

5 as the testator, an attesting witness, a notary, or the pre6 siding attorney, together with a written representation of

7 the person’s status as such and the person’s military grade

8 (if any) or other title, is prima facie evidence of the fol9 lowing:

10 ‘‘(A) That the signature is genuine.

11 ‘‘(B) That the signatory had the represented

12 status and title at the time of the execution of the

13 will.

14 ‘‘(C) That the signature was executed in com15 pliance with the procedures required under the regu16 lations prescribed under subsection (f).

17 ‘‘(2) A document setting forth a military testa18 mentary instrument meets the requirements of this para19 graph if it includes (or has attached to it), in a form and

20 content required under the regulations prescribed under

21 subsection (f), each of the following:

22 ‘‘(A) A certificate, executed by the testator,

23 that includes the testator’s acknowledgment of the

24 testamentary instrument.
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1 ‘‘(B) An affidavit, executed by each witness

2 signing the testamentary instrument, that attests to

3 the circumstances under which the testamentary in4 strument was executed.

5 ‘‘(C) A notarization, including a certificate of

6 any administration of an oath required under the

7 regulations, that is signed by the notary or other of8 ficial administering the oath.

9 ‘‘(e) STATEMENT TO BE INCLUDED.—(1) Under reg10 ulations prescribed under this section, each military testa11 mentary instrument shall contain a statement that sets

12 forth the provisions of subsection (a).

13 ‘‘(2) Paragraph (1) shall not be construed to make

14 inapplicable the provisions of subsection (a) to a testa15 mentary instrument that does not include a statement de16 scribed in that paragraph.

17 ‘‘(f) REGULATIONS.—Regulations for the purposes of

18 this section shall be prescribed jointly by the Secretary

19 of Defense and by the Secretary of Transportation with

20 respect to the Coast Guard when it is not operating as

21 a service in the Department of the Navy.

22 ‘‘(g) DEFINITIONS.—In this section:

23 ‘‘(1) The term ‘person eligible for military legal

24 assistance’ means a person who is eligible for legal

25 assistance under section 1044 of this title.
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1 ‘‘(2) The term ‘military legal assistance counsel’

2 means—

3 ‘‘(A) a judge advocate (as defined in sec4 tion 801(13) of this title); or

5 ‘‘(B) a civilian attorney serving as a legal

6 assistance officer under the provisions of sec7 tion 1044 of this title.

8 ‘‘(3) The term ‘State’ includes the District of

9 Columbia, the Commonwealth of Puerto Rico, the

10 Commonwealth of the Northern Mariana Islands,

11 and each possession of the United States.’’.

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

13 at the beginning of such chapter is amended by inserting

14 after the item relating to section 1044c the following new

15 item:

‘‘1044d. Military testamentary instruments: requirement for recognition by

States.’’.

16 SEC. 565. SENSE OF CONGRESS ON THE COURT-MARTIAL

17 CONVICTION OF CAPTAIN CHARLES BUTLER

18 McVAY, COMMANDER OF THE U.S.S. INDIAN19 APOLIS, AND ON THE COURAGEOUS SERVICE

20 OF ITS CREW.

21 (a) FINDINGS.—Congress makes the following find22 ings:

23 (1) Shortly after midnight on the morning of

24 July 30, 1945, the United States Navy heavy cruiser
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1 U.S.S. Indianapolis (CA–35) was torpedoed and

2 sunk by the Japanese submarine I–58 in what be3 came the worst sea disaster in the history of the

4 United States Navy.

5 (2) Although approximately 900 of the ship’s

6 crew of 1,196 survived the actual sinking, only 316

7 of those courageous sailors survived when rescued

8 after four and a half days adrift in the open sea.

9 (3) Nearly 600 of the approximately 900 men

10 who survived the sinking perished from battle

11 wounds, drowning, predatory shark attacks, expo12 sure to the elements, and lack of food and potable

13 water.

14 (4) Rescue came for the remaining 316 sailors

15 when they were spotted by chance by Navy Lieuten16 ant Wilbur C. Gwinn while flying a routine naval air

17 patrol mission.

18 (5) After the end of World War II, the com19 manding officer of the U.S.S. Indianapolis, Captain

20 Charles Butler McVay, who was rescued with the

21 other survivors, was court-martialed for ‘‘suffering a

22 vessel to be hazarded through negligence’’ by failing

23 to zigzag (a naval tactic employed to help evade sub24 marine attacks), and was convicted even though—
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1 (A) the choice to zigzag was left to Cap2 tain McVay’s discretion in his orders; and

3 (B) Motchisura Hashimoto, the com4 mander of the Japanese submarine that sank

5 the U.S.S. Indianapolis, and Glynn R. Donaho,

6 a United States Navy submarine commander

7 highly decorated for his service during World

8 War II, both testified at Captain McVay’s

9 court-martial trial that the Japanese submarine

10 could have sunk the U.S.S. Indianapolis wheth11 er or not it had been zigzagging, an assertion

12 that the Japanese submarine commander has

13 since reaffirmed in a letter to the Chairman of

14 the Committee on Armed Services of the Sen15 ate.

16 (6) Although not argued by Captain McVay’s

17 defense counsel in the court-martial trial, poor visi18 bility on the night of the sinking (as attested in sur19 viving crew members’ handwritten accounts recently

20 discovered at the National Archives) justified Cap21 tain McVay’s choice not to zigzag as that choice was

22 consistent with the applicable Navy directives in

23 force in 1945, which stated that, ‘‘During thick

24 weather and at night, except on very clear nights or
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1 during bright moonlight, vessels normally cease zig2 zagging.’’.

3 (7) Naval officials failed to provide Captain

4 McVay with available support that was critical to the

5 safety of the U.S.S. Indianapolis and its crew on

6 what became its final mission by—

7 (A) disapproving a request made by Cap8 tain McVay for a destroyer escort for the

9 U.S.S. Indianapolis across the Philippine Sea

10 as being ‘‘not necessary’’;

11 (B) not informing Captain McVay that

12 naval intelligence sources, through signal intel13 ligence (the Japanese code having been broken

14 earlier in World War II), had become aware

15 that the Japanese submarine I–58 was oper16 ating in the area of the U.S.S. Indianapolis’

17 course (as disclosed in evidence presented in a

18 hearing of the Committee on Armed Services of

19 the Senate); and

20 (C) not informing Captain McVay of the

21 sinking of the destroyer escort U.S.S. Underhill

22 by a Japanese submarine within range of the

23 course of the U.S.S. Indianapolis four days be24 fore the U.S.S. Indianapolis departed Guam on

25 its fatal voyage.
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1 (8) Captain McVay’s court-martial initially was

2 opposed by his immediate command superiors, Fleet

3 Admiral Chester Nimitz (CINCPAC) and Vice Ad4 miral Raymond Spruance of the 5th fleet, for which

5 the U.S.S. Indianapolis served as flagship, but, de6 spite their recommendations, Secretary of the Navy

7 James Forrestal ordered the court-martial, largely

8 on the basis of the recommendation of Admiral

9 King, Chief of Naval Operations.

10 (9) There is no explanation on the public record

11 for Secretary Forestal’s overruling of the rec12 ommendations made by Admirals Nimitz and

13 Spruance.

14 (10) Captain McVay was the only commander

15 of a United States Navy vessel lost in combat to

16 enemy action during World War II who was sub17 jected to a court-martial trial for such a loss, even

18 though several hundred United States Navy ships

19 were lost in combat to enemy action during World

20 War II.

21 (11) The survivors of the U.S.S. Indianapolis

22 overwhelmingly conclude that McVay was not at

23 fault and have dedicated their lives to vindicating

24 their Captain, Charles McVay, but time is running

25 out for the 130 remaining members of the crew in
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1 their united and steadfast quest to clear their Cap2 tain’s name.

3 (12) Although Captain McVay was promoted to

4 Rear Admiral upon retirement from the Navy, he

5 never recovered from the stigma of his post-war

6 court-martial and in 1968, tragically, took his own

7 life.

8 (13) Captain McVay was a graduate of the

9 United States Naval Academy, was an exemplary ca10 reer naval officer with an outstanding record (in11 cluding participation in the amphibious invasions of

12 North Africa, the assault on Iwo Jima, and the as13 sault on Okinawa where he survived a fierce kami14 kaze attack), was a recipient of the Silver Star

15 earned for courage under fire during the Solomon

16 Islands campaign, and, with his crew, had so thor17 oughly demonstrated proficiency in naval warfare

18 that the Navy entrusted Captain McVay and the

19 crew with transporting, on their fatal cruise, the

20 components necessary for assembling the atomic

21 bombs that were exploded over Hiroshima and Na22 gasaki to end the war with Japan.

23 (b) SENSE OF CONGRESS.—(1) It is the sense of Con24 gress, on the basis of the facts presented in a public hear25 ing conducted by the Committee on Armed Services of the
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1 Senate on September 14, 1999, including evidence not

2 available at the time of Captain Charles Butler McVay’s

3 court-martial, and on the basis of extensive interviews and

4 questioning of witnesses and knowledgeable officials and

5 a review of the record of the court-martial for and in that

6 hearing, that—

7 (A) recognizing that the Secretary of the Navy

8 remitted the sentence of the court-martial and that

9 Admiral Nimitz, as Chief of Naval Operations, re10 stored Captain McVay to active duty, the American

11 people should now recognize Captain McVay’s lack

12 of culpability for the tragic loss of the U.S.S. Indi13 anapolis and the lives of the men who died as a re14 sult of her sinking; and

15 (B) knowing that vital information was not

16 available to the court-martial board and that, as a

17 result, Captain McVay was convicted, Captain

18 McVay’s military record should now reflect that he

19 is exonerated for the loss of the ship and its crew.

20 (2) It is, further, the sense of Congress that Congress

21 strongly encourages the Secretary of the Navy to award

22 a Navy Unit Commendation to the U.S.S. Indianapolis

23 and its final crew.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.

5 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The

6 adjustment to become effective during fiscal year 2001 re7 quired by section 1009 of title 37, United States Code,

8 in the rates of monthly basic pay authorized members of

9 the uniformed services shall not be made.

10 (b) INCREASE IN BASIC PAY.—Effective on January

11 1, 2001, the rates of monthly basic pay for members of

12 the uniformed services are increased by 3.7 percent.

13 SEC. 602. CORRECTIONS FOR BASIC PAY TABLES.

14 Section 601(c) of the National Defense Authorization

15 Act for Fiscal Year 2000 (Public Law 106–65) is

16 amended—

17 (1) in footnote 2 under the first table (113

18 Stat. 646), relating to commissioned officers, by

19 striking ‘‘$12,441.00’’ and inserting ‘‘$12,488.70’’;

20 and

21 (2) in footnote 2 under the fourth table (113

22 Stat. 648), relating to enlisted members, by striking

23 ‘‘$4,701.00’’ and inserting ‘‘$4,719.00’’.
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1 SEC. 603. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HON2 ORS DUTY.

3 (a) COMPENSATION AT RATE FOR INACTIVE-DUTY

4 TRAINING.—(1) Section 115(b)(2) of title 32, United

5 States Code, is amended to read as follows:

6 ‘‘(2) as directed by the Secretary concerned,

7 either—

8 ‘‘(A) the allowance under section 435 of

9 title 37; or

10 ‘‘(B) compensation under section 206 of

11 title 37.’’.

12 (2) Section 12503(b)(2) of title 10, United States

13 Code, is amended to read as follows:

14 ‘‘(2) as directed by the Secretary concerned,

15 either—

16 ‘‘(A) the allowance under section 435 of

17 title 37; or

18 ‘‘(B) compensation under section 206 of

19 title 37.’’.

20 (b) CONFORMING REPEAL.—Section 435 of title 37,

21 United States Code, is amended by striking subsection (c).

22 (c) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect on October

24 1, 2000, and shall apply with respect to months beginning

25 on or after that date.
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1 SEC. 604. CLARIFICATION OF SERVICE EXCLUDED IN COM2 PUTATION OF CREDITABLE SERVICE AS A

3 MARINE CORPS OFFICER.

4 (a) SERVICE AS RESERVE ENLISTED MEMBER IN

5 PLATOON LEADERS CLASS.—Section 205(f) of title 37,

6 United States Code, is amended by striking ‘‘that the offi7 cer performed concurrently as a member’’ and inserting

8 ‘‘that the officer performed concurrently as an enlisted

9 member’’.

10 (b) CORRECTION OF REFERENCE.—Such section

11 205(f) is further amended by striking ‘‘section 12209’’

12 and inserting ‘‘section 12203’’.

13 SEC. 605. CALCULATION OF BASIC ALLOWANCE FOR HOUS14 ING.

15 (a) RATES.—Subsection (b) of section 403 of title 37,

16 United States Code, is amended—

17 (1) by striking paragraph (2);

18 (2) by redesignating paragraph (1) as para19 graph (2);

20 (3) by inserting after ‘‘(b) BASIC ALLOWANCE

21 FOR HOUSING INSIDE THE UNITED STATES.—’’ the

22 following: ‘‘(1) The Secretary of Defense shall pre23 scribe the rates of the basic allowance for housing

24 that are applicable for the various military housing

25 areas in the United States. The rates for an area
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1 shall be based on the costs of adequate housing de2 termined for the area under paragraph (2).’’; and

3 (4) in paragraph (6), by striking ‘‘, changes in

4 the national average monthly cost of housing,’’.

5 (b) REPEAL OF LIMITATION ON TOTAL PAY6 MENTS.—Subsection (b) of such section is further

7 amended—

8 (1) by striking paragraphs (3) and (5); and

9 (2) by redesignating paragraphs (4), (6), and

10 (7) as paragraphs (3), (4), and (5), respectively.

11 SEC. 606. ELIGIBILITY OF MEMBERS IN GRADE E–4 TO RE12 CEIVE BASIC ALLOWANCE FOR HOUSING

13 WHILE ON SEA DUTY.

14 (a) PAYMENT AUTHORIZED.—Subsection (f)(2)(B) of

15 section 403 of title 37, United States Code, is amended—

16 (1) by striking ‘‘E–5’’ in the first sentence and

17 inserting ‘‘E–4 or E–5’’; and

18 (2) by striking ‘‘grade E–5’’ in the second sen19 tence and inserting ‘‘grades E–4 and E–5’’.

20 (b) CONFORMING AMENDMENT.—Subsection

21 (m)(1)(B) of such section is amended by striking ‘‘E–4’’

22 and inserting ‘‘E–3’’.
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1 SEC. 607. PERSONAL MONEY ALLOWANCE FOR THE SENIOR

2 ENLISTED MEMBERS OF THE ARMED

3 FORCES.

4 (a) AUTHORITY.—Section 414 of title 37, United

5 States Code, is amended by adding at the end the fol6 lowing:

7 ‘‘(c) In addition to other pay or allowances authorized

8 by this title, a noncommissioned officer is entitled to a

9 personal money allowance of $2,000 a year while serving

10 as the Sergeant Major of the Army, the Master Chief

11 Petty Officer of the Navy, the Chief Master Sergeant of

12 the Air Force, the Sergeant Major of the Marine Corps,

13 or the Master Chief Petty Officer of the Coast Guard.’’.

14 (b) EFFECTIVE DATE.—This section and the amend15 ment made by this section shall take effect on October

16 1, 2000.

17 SEC. 608. INCREASED UNIFORM ALLOWANCES FOR OFFI18 CERS.

19 (a) INITIAL ALLOWANCE.—Section 415(a) of title 37,

20 United States Code, is amended by striking ‘‘$200’’ and

21 inserting ‘‘$400’’.

22 (b) ADDITIONAL ALLOWANCE.—Section 416(a) of

23 such title is amended by striking ‘‘$100’’ and inserting

24 ‘‘$200’’.
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1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on October

3 1, 2000.

4 SEC. 609. CABINET-LEVEL AUTHORITY TO PRESCRIBE RE5 QUIREMENTS AND ALLOWANCE FOR CLOTH6 ING OF ENLISTED MEMBERS.

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

8 amended—

9 (1) in subsection (a), by striking ‘‘The Presi10 dent’’ and inserting ‘‘The Secretary of Defense and

11 the Secretary of Transportation, with respect to the

12 Coast Guard when it is not operating as a service

13 in the Navy,’’; and

14 (2) in subsection (b), by striking ‘‘the Presi15 dent’’ and inserting ‘‘the Secretary of Defense’’.

16 Subtitle B—Bonuses and Special

17 and Incentive Pays

18 SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL

19 PAY AUTHORITIES FOR RESERVE FORCES.

20 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

21 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

22 302g(f) of title 37, United States Code, is amended by

23 striking ‘‘December 31, 2000’’ and inserting ‘‘December

24 31, 2001’’.
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1 (b) SELECTED RESERVE REENLISTMENT BONUS.—

2 Section 308b(f) of such title is amended by striking ‘‘De3 cember 31, 2000’’ and inserting ‘‘December 31, 2001’’.

4 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec5 tion 308c(e) of such title is amended by striking ‘‘Decem6 ber 31, 2000’’ and inserting ‘‘December 31, 2001’’.

7 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS8 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

9 308d(c) of such title is amended by striking ‘‘December

10 31, 2000’’ and inserting ‘‘December 31, 2001’’.

11 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec12 tion 308e(e) of such title is amended by striking ‘‘Decem13 ber 31, 2000’’ and inserting ‘‘December 31, 2001’’.

14 (f) READY RESERVE ENLISTMENT AND REENLIST15 MENT BONUS.—Section 308h(g) of such title is amended

16 by striking ‘‘December 31, 2000’’ and inserting ‘‘Decem17 ber 31, 2001’’.

18 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

19 308i(f) of such title is amended by striking ‘‘December

20 31, 2000’’ and inserting ‘‘December 31, 2001’’.

21 (h) REPAYMENT OF EDUCATION LOANS FOR CER22 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE23 LECTED RESERVE.—Section 16302(d) of title 10, United

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

25 and inserting ‘‘January 1, 2002’’.
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1 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

2 PAY AUTHORITIES FOR NURSE OFFICER CAN3 DIDATES, REGISTERED NURSES, AND NURSE

4 ANESTHETISTS.

5 (a) NURSE OFFICER CANDIDATE ACCESSION PRO6 GRAM.—Section 2130a(a)(1) of title 10, United States

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

8 inserting ‘‘December 31, 2001’’.

9 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

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

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

12 ‘‘December 31, 2001’’.

13 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES14 THETISTS.—Section 302e(a)(1) of title 37, United States

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

16 inserting ‘‘December 31, 2001’’.

17 SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAY18 MENT OF OTHER BONUSES AND SPECIAL

19 PAYS.

20 (a) AVIATION OFFICER RETENTION BONUS.—Sec21 tion 301b(a) of title 37, United States Code, is amended

22 by striking ‘‘December 31, 2000,’’ and inserting ‘‘Decem23 ber 31, 2001,’’.

24 (b) REENLISTMENT BONUS FOR ACTIVE MEM25 BERS.—Section 308(g) of such title is amended by strik-
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1 ing ‘‘December 31, 2000’’ and inserting ‘‘December 31,

2 2001’’.

3 (c) ENLISTMENT BONUS FOR PERSONS WITH CRIT4 ICAL SKILLS.—Section 308a(d) of such title is amended

5 by striking ‘‘December 31, 2000’’ and inserting ‘‘Decem6 ber 31, 2001’’.

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

8 such title is amended by striking ‘‘December 31, 2000’’

9 and inserting ‘‘December 31, 2001’’.

10 (e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI11 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

12 312(e) of such title is amended by striking ‘‘December 31,

13 2000’’ and inserting ‘‘December 31, 2001’’.

14 (f) NUCLEAR CAREER ACCESSION BONUS.—Section

15 312b(c) of such title is amended by striking ‘‘December

16 31, 2000’’ and inserting ‘‘December 31, 2001’’.

17 (g) NUCLEAR CAREER ANNUAL INCENTIVE

18 BONUS.—Section 312c(d) of such title is amended by

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

20 31, 2001’’.

21 SEC. 614. CONSISTENCY OF AUTHORITIES FOR SPECIAL

22 PAY FOR RESERVE MEDICAL AND DENTAL

23 OFFICERS.

24 (a) RESERVE MEDICAL OFFICERS SPECIAL PAY.—

25 Section 302(h)(1) of title 37, United States Code, is
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1 amended by adding at the end: ‘‘, including active duty

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

3 and active duty for special work’’.

4 (b) RESERVE DENTAL OFFICERS SPECIAL PAY

5 AMENDMENT.—Subsection (d) of section 302f of title 37,

6 United States Code, is amended to read as follows:

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

8 DENTAL OFFICERS.—While a Reserve medical or dental

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

10 of this title by reason of subsection (a), the officer shall

11 not be entitled to special pay under section 302(h) or

12 302b(h) of this title.’’.

13 SEC. 615. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF

14 THE COAST GUARD.

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

16 is amended by inserting after ‘‘nurse,’’ the following: ‘‘an

17 officer of the Coast Guard or Coast Guard Reserve des18 ignated as a physician assistant,’’.

19 SEC. 616. AUTHORIZATION OF SPECIAL PAY AND ACCES20 SION BONUS FOR PHARMACY OFFICERS.

21 (a) AUTHORIZATION OF SPECIAL PAY.—Chapter 5 of

22 title 37, United States Code, is amended by inserting after

23 section 302h the following new section:
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1 ‘‘§ 302i. Special pay: pharmacy officers

2 ‘‘(a) ARMY, NAVY, AND AIR FORCE PHARMACY OFFI3 CERS.—Under regulations prescribed pursuant to section

4 303a of this title, the Secretary of the military department

5 concerned may, subject to subsection (c), pay special pay

6 at the rates specified in subsection (d) to an officer who—

7 ‘‘(1) is a pharmacy officer in the Medical Serv8 ice Corps of the Army or Navy or the Biomedical

9 Sciences Corps of the Air Force; and

10 ‘‘(2) is on active duty under a call or order to

11 active duty for a period of not less than one year.

12 ‘‘(b) PUBLIC HEALTH SERVICE CORPS.—Subject to

13 subsection (c), the Secretary of Health and Human Serv14 ices may pay special pay at the rates specified in sub15 section (d) to an officer who—

16 ‘‘(1) is an officer in the Regular or Reserve

17 Corps of the Public Health Service and is designated

18 as a pharmacy officer; and

19 ‘‘(2) is on active duty under a call or order to

20 active duty for a period of not less than one year.

21 ‘‘(c) LIMITATION.—Special pay may not be paid

22 under this section to an officer serving in a pay grade

23 above pay grade O–6.

24 ‘‘(d) RATE OF SPECIAL PAY.—The rate of special pay

25 paid to an officer subsection (a) or (b) is as follows:
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1 ‘‘(1) $3,000 per year, if the officer is under2 going pharmacy internship training or has less than

3 3 years of creditable service.

4 ‘‘(2) $7,000 per year, if the officer has at least

5 3 but less than 6 years of creditable service and is

6 not undergoing pharmacy internship training.

7 ‘‘(3) $7,000 per year, if the officer has at least

8 6 but less than 8 years of creditable service.

9 ‘‘(4) $12,000 per year, if the officer has at least

10 8 but less than 12 years of creditable service.

11 ‘‘(5) $10,000 per year, if the officer has at least

12 12 but less than 14 years of creditable service.

13 ‘‘(6) $9,000 per year, if the officer has at least

14 14 but less than 18 years of creditable service.

15 ‘‘(7) $8,000 per year, if the officer has 18 or

16 more years of creditable service.’’.

17 (b) AUTHORIZATION OF ACCESSION BONUSES.—

18 Chapter 5 of that title is further amended by inserting

19 after section 302i, as added by subsection (a) of this sec20 tion, the following new section:

21 ‘‘§ 302j. Special pay: accession bonus for pharmacy of22 ficers

23 ‘‘(a) ACCESSION BONUS AUTHORIZED.—A person

24 who is a graduate of an accredited pharmacy school and

25 who, during the period beginning on the date of the enact-
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1 ment of the National Defense Authorization Act for Fiscal

2 Year 2001 and ending on September 30, 2004, executes

3 a written agreement described in subsection (c) to accept

4 a commission as an officer of a uniformed service and re5 main on active duty for a period of not less than 4 years

6 may, upon acceptance of the agreement by the Secretary

7 concerned, be paid an accession bonus in an amount deter8 mined by the Secretary concerned.

9 ‘‘(b) LIMITATION ON AMOUNT OF BONUS.—The

10 amount of an accession bonus under subsection (a) may

11 not exceed $30,000.

12 ‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A

13 person may not be paid a bonus under subsection (a) if—

14 ‘‘(1) the person, in exchange for an agreement

15 to accept an appointment as a warrant or commis16 sioned officer, received financial assistance from the

17 Department of Defense or the Department of Health

18 and Human Services to pursue a course of study in

19 pharmacy; or

20 ‘‘(2) the Secretary concerned determines that

21 the person is not qualified to become and remain li22 censed as a pharmacist.

23 ‘‘(d) AGREEMENT.—The agreement referred to in

24 subsection (a) shall provide that, consistent with the needs

25 of the uniformed service concerned, the person executing
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1 the agreement shall be assigned to duty, for the period

2 of obligated service covered by the agreement, as a phar3 macy officer in the Medical Service Corps of the Army

4 or Navy, a biomedical sciences officer in the Air Force

5 designated as a pharmacy officer, or a pharmacy officer

6 of the Public Health Service.

7 ‘‘(e) REPAYMENT.—(1) An officer who receives a pay8 ment under subsection (a) and who fails to become and

9 remain licensed as a pharmacist during the period for

10 which the payment is made shall refund to the United

11 States an amount equal to the full amount of such pay12 ment.

13 ‘‘(2) An officer who voluntarily terminates service on

14 active duty before the end of the period agreed to be

15 served under subsection (a) shall refund to the United

16 States an amount that bears the same ratio to the amount

17 paid to the officer as the unserved part of such period

18 bears to the total period agreed to be served.

19 ‘‘(3) An obligation to reimburse the United States

20 under paragraph (1) or (2) is for all purposes a debt owed

21 to the United States.

22 ‘‘(4) A discharge in bankruptcy under title 11 that

23 is entered less than 5 years after the termination of an

24 agreement under this section does not discharge the per25 son signing such agreement from a debt arising under
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1 such agreement or this subsection. This paragraph applies

2 to any case commenced under title 11 after the date of

3 the enactment of the National Defense Authorization Act

4 for Fiscal Year 2001.’’.

5 (c) ADMINISTRATION.—Section 303a of title 37,

6 United States Code, is amended by striking ‘‘302h’’ each

7 place it appears and inserting ‘‘302j’’.

8 (d) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of chapter 5 of such title is amended by

10 inserting after the item relating to section 302h the fol11 lowing new items:

‘‘302i. Special pay: pharmacy officers.

‘‘302j. Special pay: accession bonus for pharmacy officers.’’.

12 SEC. 617. CORRECTION OF REFERENCES TO AIR FORCE

13 VETERINARIANS.

14 Section 303(a) of title 37, United States Code, is

15 amended—

16 (1) in paragraph (1)(B), by striking ‘‘who is

17 designated as a veterinary officer’’ and inserting

18 ‘‘who is an officer in the Biomedical Sciences Corps

19 and holds a degree in veterinary medicine’’; and

20 (2) in paragraph (2), by striking subparagraph

21 (B) and inserting the following:

22 ‘‘(B) of a reserve component of the Air

23 Force, of the Army or the Air Force without
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1 specification of component, or of the National

2 Guard, who—

3 ‘‘(i) is designated as a veterinary offi4 cer; or

5 ‘‘(ii) is an officer in the Biomedical

6 Sciences Corps of the Air Force and holds

7 a degree in veterinary medicine; or’’.

8 SEC. 618. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF

9 THE PUBLIC HEALTH SERVICE CORPS TO

10 SPECIAL PAYS AND BONUSES OF HEALTH

11 PROFESSIONAL OFFICERS OF THE ARMED

12 FORCES.

13 (a) IN GENERAL.—Section 303a of title 37, United

14 States Code, is amended—

15 (1) by redesignating subsections (b) and (c) as

16 subsections (c) and (d); and

17 (2) by inserting after subsection (a) the fol18 lowing new subsection (b):

19 ‘‘(b)(1) Except as provided in paragraph (2) or as

20 otherwise provided under a provision of this chapter, com21 missioned officers in the Regular or Reserve Corps of the

22 Public Health Service shall be entitled to special pay under

23 the provisions of this chapter in the same amounts, and

24 under the same terms and conditions, as commissioned of-
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1 ficers of the armed forces are entitled to special pay under

2 the provisions of this chapter.

3 ‘‘(2) A commissioned medical officer in the Regular

4 or Reserve Corps of the Public Health Service (other than

5 an officer serving in the Indian Health Service) may not

6 receive additional special pay under section 302(a)(4) of

7 this title for any period during which the officer is pro8 viding obligated service under the following provisions of

9 law:

10 ‘‘(A) Section 338B of the Public Health Service

11 Act (42 U.S.C. 254l–1).

12 ‘‘(B) Section 225(e) of the Public Health Serv13 ice Act, as that section was in effect before 1, 1977.

14 ‘‘(C) Section 752 of the Public Health Service

15 Act, as that section was in effect between October

16 1, 1977, and August 13, 1981.’’.

17 (b) REPEAL OF SUPERSEDED PROVISIONS.—Section

18 208(a) of the Public Health Service Act (42 U.S.C.

19 210(a)) is amended—

20 (1) by striking paragraphs (2) and (3); and

21 (2) by inserting after paragraph (1) the fol22 lowing new paragraph (2):

23 ‘‘(2) For provisions relating to the receipt of special

24 pay by commissioned officers of the Regular and Reserve
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1 Corps while on active duty, see section 303a(b) of title

2 37, United States Code.’’.

3 SEC. 619. CAREER SEA PAY.

4 (a) REFORM OF AUTHORITIES.—Section 305a of title

5 37, United States Code, is amended—

6 (1) in subsection (a), by striking ‘‘Under regu7 lations prescribed by the President, a member’’ and

8 inserting ‘‘A member’’;

9 (2) by redesignating subsection (d) as sub10 section (e); and

11 (3) by striking subsections (b) and (c) and in12 serting the following:

13 ‘‘(b) The Secretary concerned shall prescribe the

14 monthly rates for special pay applicable to members of

15 each armed force under the Secretary’s jurisdiction. No

16 monthly rate may exceed $750.

17 ‘‘(c) A member of a uniformed service entitled to ca18 reer sea pay under this section who has served 36 consecu19 tive months of sea duty is also entitled to a career sea

20 pay premium for the thirty-seventh consecutive month and

21 each subsequent consecutive month of sea duty served by

22 such member. The monthly amount of the premium shall

23 be prescribed by the Secretary concerned, but may not ex24 ceed $350.
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1 ‘‘(d) The Secretary concerned shall prescribe regula2 tions for the administration of this section for the armed

3 force or armed forces under the jurisdiction of the Sec4 retary. The entitlements under this section shall be subject

5 to the regulations.’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on October 1, 2000, and shall

8 apply with respect to months beginning on or after that

9 date.

10 SEC. 620. INCREASED MAXIMUM RATE OF SPECIAL DUTY

11 ASSIGNMENT PAY.

12 Section 307(a) of title 37, United States Code, is

13 amended—

14 (1) by striking ‘‘$275’’ and inserting ‘‘$600’’;

15 and

16 (2) by striking the second sentence.

17 SEC. 621. EXPANSION OF APPLICABILITY OF AUTHORITY

18 FOR CRITICAL SKILLS ENLISTMENT BONUS

19 TO INCLUDE ALL ARMED FORCES.

20 (a) EXPANSION OF AUTHORITY.—Section 308f of

21 title 37, United States Code, is amended—

22 (1) by striking ‘‘Secretary of the Army’’ each

23 place it appears and inserting ‘‘Secretary con24 cerned’’; and
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1 (2) by striking ‘‘the Army’’ in subsections

2 (a)(3) and (c) and inserting ‘‘an armed force’’.

3 (b) CONFORMING AMENDMENT.—The heading for

4 such section is amended to read as follows:

5 ‘‘§ 308f. Special pay: bonus for enlistment’’.

6 (c) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of chapter 5 of title 37, United States

8 Code, is amended by striking the item relating to section

9 308f and inserting the following:

‘‘308f. Special pay: bonus for enlistment.’’.

10 (d) EFFECTIVE DATE.—This section and the amend11 ments made by this section shall take effect on October

12 1, 2000, and shall apply with respect to months beginning

13 on or after that date.

14 Subtitle C—Travel and

15 Transportation Allowances

16 SEC. 631. ADVANCE PAYMENTS FOR TEMPORARY LODGING

17 OF MEMBERS AND DEPENDENTS.

18 (a) SUBSISTENCE EXPENSES.—Section 404a of title

19 37, United States Code, is amended—

20 (1) by redesignating subsections (b) and (c) as

21 subsections (d) and (e), respectively; and

22 (2) by striking subsection (a) and inserting the

23 following:

24 ‘‘(a)(1) Under regulations prescribed by the Secre25 taries concerned, a member of a uniformed service who
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1 is ordered to make a change of permanent station de2 scribed in paragraph (2) shall be paid or reimbursed for

3 subsistence expenses of the member and the member’s de4 pendents for the period (subject to subsection (c)) for

5 which the member and dependents occupy temporary

6 quarters incident to that change of permanent station.

7 ‘‘(2) Paragraph (1) applies to the following:

8 ‘‘(A) A permanent change of station from any

9 duty station to a duty station in the United States

10 (other than Hawaii or Alaska).

11 ‘‘(B) A permanent change of station from a

12 duty station in the United States (other than Hawaii

13 or Alaska) to a duty station outside the United

14 States or in Hawaii or Alaska.

15 ‘‘(b) The Secretary concerned may make any pay16 ment for subsistence expenses to a member under this sec17 tion in advance of the incurrence of the expenses. The

18 amount of an advance payment made to a member shall

19 be computed on the basis of the Secretary’s determination

20 of the average number of days that members and their

21 dependents occupy temporary quarters under the cir22 cumstances applicable to the member and the member’s

23 dependents.

24 ‘‘(c)(1) In the case of a change of permanent station

25 described in subsection (a)(2)(A), the period for which
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1 subsistence expenses are to be paid or reimbursed under

2 this section may not exceed 10 days.

3 ‘‘(2) In the case of a change of permanent station

4 described in subsection (a)(2)(B)—

5 ‘‘(A) the period for which such expenses are to

6 be paid or reimbursed under this section may not ex7 ceed five days; and

8 ‘‘(B) such payment or reimbursement may be

9 provided only for expenses incurred before leaving

10 the United States (other than Hawaii or Alaska).’’.

11 (b) PER DIEM.—Section 405 of such title is

12 amended—

13 (1) by redesignating subsection (b) as sub14 section (c); and

15 (2) by striking subsection (a) and inserting the

16 following:

17 ‘‘(a) Without regard to the monetary limitation of

18 this title, the Secretary concerned may pay a per diem to

19 a member who is on duty outside of the United States

20 or in Hawaii or Alaska, whether or not the member is in

21 a travel status. The Secretary may pay the per diem in

22 advance of the accrual of the per diem.

23 ‘‘(b) In determining the per diem to be paid under

24 this section, the Secretary concerned shall consider all ele25 ments of the cost of living to members of the uniformed
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1 services under the Secretary’s jurisdiction and their de2 pendents, including the cost of quarters, subsistence, and

3 other necessary incidental expenses. However, dependents

4 may not be considered in determining the per diem allow5 ance for a member in a travel status.’’.

6 SEC. 632. INCENTIVE FOR SHIPPING AND STORING HOUSE7 HOLD GOODS IN LESS THAN AVERAGE

8 WEIGHTS.

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

10 amended by adding at the end the following new subpara11 graph:

12 ‘‘(G) The Secretary concerned may pay a member a

13 share (determined by the Secretary) of the amount of the

14 savings resulting to the United States for less than aver15 age shipping and storage of the member’s baggage and

16 household effects under subparagraph (A). Shipping and

17 storage of a member’s baggage and household effects for

18 a member shall be considered as less than average if the

19 total weights of the baggage and household effects shipped

20 and stored are less than the average weights of the bag21 gage and household effects that are shipped and stored,

22 respectively, by members of the same grade and status

23 with respect to dependents as the member in connection

24 with changes of station that are comparable to the mem25 ber’s change of station. The amount of the savings shall
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1 be the amount equal to the excess of the cost of shipping

2 and cost of storing such average weights of baggage and

3 household effects, respectively, over the corresponding

4 costs associated with the weights of the member’s baggage

5 and household effects. For the administration of this sub6 paragraph, the Secretary of Defense shall annually deter7 mine the average weights of baggage and household effects

8 shipped and stored.’’.

9 SEC. 633. EXPANSION OF FUNDED STUDENT TRAVEL.

10 Section 430 of title 37, United States Code, is

11 amended—

12 (1) in subsection (a)(3), by striking ‘‘for the

13 purpose of obtaining a secondary or undergraduate

14 college education’’ and inserting ‘‘for the purpose of

15 obtaining a formal education’’;

16 (2) in subsection (b), by striking ‘‘for the pur17 pose of obtaining a secondary or undergraduate col18 lege education’’ and inserting ‘‘for the purpose of

19 obtaining a formal education’’; and

20 (3) in subsection (f)—

21 (A) by striking ‘‘In this section, the term’’

22 and insert the following:

23 ‘‘In this section:

24 ‘‘(1) The term’’; and

25 (B) by adding at the end the following:
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1 ‘‘(2) The term ‘formal education’ means the fol2 lowing:

3 ‘‘(A) A secondary education.

4 ‘‘(B) An undergraduate college education.

5 ‘‘(C) A graduate education pursued on a

6 full-time basis at an institution of higher edu7 cation (as defined in section 101 of the Higher

8 Education Act of 1965 (20 U.S.C. 1001)).

9 ‘‘(D) Vocational education pursued on a

10 full-time basis at a post-secondary vocational

11 institution (as defined in section 102(c) of the

12 Higher Education Act of 1965 (20 U.S.C.

13 1002(c))).’’.

14 SEC. 634. BENEFITS FOR MEMBERS NOT TRANSPORTING

15 PERSONAL MOTOR VEHICLES OVERSEAS.

16 (a) INCENTIVES.—Section 2634 of title 10, United

17 States Code, is amended—

18 (1) by redesignating subsection (h) as sub19 section (i); and

20 (2) by inserting after subsection (g) the fol21 lowing new subsection (h):

22 ‘‘(h)(1) If a member of an armed force authorized

23 the transportation of a motor vehicle under subsection (a)

24 elects not to have the vehicle transported and not (if eligi25 ble) to have the vehicle stored under subsection (b), the
221

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1 Secretary concerned may pay the member a share (deter2 mined by the Secretary) of the amount of the savings re3 sulting to the United States. The Secretary may make the

4 payment in advance of the member’s change of permanent

5 station.

6 ‘‘(2) The Secretary of Defense shall determine annu7 ally the rates of savings to the United States that are as8 sociated with elections of a member described in para9 graph (1).’’.

10 (b) STORAGE AS ALTERNATIVE TO TRANSPORTATION

11 FOR UNACCOMPANIED ASSIGNMENTS.—Subsection (b) of

12 such section—

13 (1) by redesignating paragraph (3) as para14 graph (4); and

15 (2) by inserting after paragraph (2) the fol16 lowing new paragraph (3):

17 ‘‘(3) If a member authorized the transportation of a

18 motor vehicle under subsection (a) is not authorized under

19 reassignment orders to be accompanied by dependents on

20 a command-sponsored basis, the member may elect, in lieu

21 of that transportation, to have the motor vehicle stored

22 at a location approved by the Secretary concerned. If stor23 age is elected, the Secretary shall pay the expenses associ24 ated with the storage of the vehicle, as authorized under

25 paragraph (4), up to the amount equal to the cost that
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1 would have been incurred by the United States for trans2 portation of the vehicle under subsection (a). The member

3 shall be responsible for the payment of the costs of the

4 storage in excess of that amount.’’.

5 Subtitle D—Retirement Benefits

6 SEC. 641. EXCEPTION TO HIGH-36 MONTH RETIRED PAY

7 COMPUTATION FOR MEMBERS RETIRED FOL8 LOWING A DISCIPLINARY REDUCTION IN

9 GRADE.

10 Section 1407 of title 10, United States Code, is

11 amended—

12 (1) in subsection (b), by striking ‘‘The retired

13 pay base’’ and inserting ‘‘Except as provided in sub14 section (f), the retired pay base’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(f) EXCEPTION FOR ENLISTED MEMBERS REDUCED

18 IN GRADE AND OFFICERS WHO DO NOT SERVE SATIS19 FACTORILY IN HIGHEST GRADE HELD.—

20 ‘‘(1) COMPUTATION BASED ON PRE-HIGH21 THREE RULES.—In the case of a member or former

22 member described in paragraph (2), the retired pay

23 base or retainer pay base is determined under sec24 tion 1406 of this title in the same manner as if the
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1 member or former member first became a member

2 of a uniformed service before September 8, 1980.

3 ‘‘(2) AFFECTED MEMBERS.—A member or

4 former member referred to in paragraph (1) is a

5 member or former member who by reason of conduct

6 occurring after the date of the enactment of this

7 subsection—

8 ‘‘(A) in the case of a member retired in an

9 enlisted grade or transferred to the Fleet Re10 serve or Fleet Marine Corps Reserve, was at

11 any time reduced in grade as the result of a

12 court-martial sentence, nonjudicial punishment,

13 or an administrative action, unless the member

14 was subsequently promoted to a higher enlisted

15 grade or appointed to a commissioned or war16 rant grade; and

17 ‘‘(B) in the case of an officer, is retired in

18 a grade lower than the highest grade in which

19 served by reason of denial of a determination or

20 certification under section 1370 of this title

21 that the officer served on active duty satisfac22 torily in that grade.

23 ‘‘(3) SPECIAL RULE FOR ENLISTED MEM24 BERS.—In the case of a member who retires within

25 three years after having been reduced in grade as
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1 described in paragraph (2)(A), who retires in an en2 listed grade that is lower than the grade from which

3 reduced, and who would be subject to paragraph

4 (2)(A) but for a subsequent promotion to a higher

5 enlisted grade or a subsequent appointment to a

6 warrant or commissioned grade, the rates of basic

7 pay used in the computation of the member’s high8 36 average for the period of the member’s service in

9 a grade higher than the grade in which retired shall

10 be the rates of pay that would apply if the member

11 had been serving for that period in the grade in

12 which retired.’’.

13 SEC. 642. AUTOMATIC PARTICIPATION IN RESERVE COMPO14 NENT SURVIVOR BENEFIT PLAN UNLESS DE15 CLINED WITH SPOUSE’S CONSENT.

16 (a) INITIAL OPPORTUNITY TO DECLINE.—Para17 graph (2)(B) of section 1448(a) of title 10, United States

18 Code, is amended to read as follows:

19 ‘‘(B) RESERVE-COMPONENT ANNUITY PAR20 TICIPANTS.—A person who is—

21 ‘‘(i) eligible to participate in the Plan

22 under paragraph (1)(B); and

23 ‘‘(ii) married or has a dependent child

24 when he is notified under section 12731(d)

25 of this title that he has completed the
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1 years of service required for eligibility for

2 reserve-component retired pay, unless the

3 person elects (with his spouse’s concur4 rence, if required under paragraph (3)) not

5 to participate in the Plan before the end of

6 the 90-day period beginning on the date he

7 receives such notification.

8 A person who elects not to participate in the

9 Plan as described in the foregoing sentence re10 mains eligible, upon reaching 60 years of age

11 and otherwise becoming entitled to retired pay,

12 to participate in the Plan in accordance with

13 eligibility under paragraph (1)(A).’’.

14 (b) SPOUSAL CONSENT REQUIREMENT.—Paragraph

15 (3)(B) of such section is amended—

16 (1) by striking ‘‘who elects to provide’’ and in17 serting ‘‘who is eligible to provide’’;

18 (2) by redesignating clauses (i) and (ii) as

19 clauses (iii) and (iv), respectively; and

20 (3) by inserting before clause (iii), as so redes21 ignated, the following:

22 ‘‘(i) not to participate in the Plan;

23 ‘‘(ii) to defer the effective date of an24 nuity payments to the 60th anniversary of
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1 the member’s birth pursuant to subsection

2 (e)(2);’’.

3 (c) IRREVOCABILITY OF ELECTION NOT TO PARTICI4 PATE MADE UPON RECEIPT OF 20-YEAR LETTER.—

5 Paragraph (4)(B) of such section is amended by striking

6 ‘‘to participate in the Plan is irrevocable’’ and inserting

7 ‘‘not to participate in the Plan is, subject to the sentence

8 following clause (ii) of paragraph (2)(B), irrevocable’’.

9 (d) DESIGNATION OF COMMENCEMENT OF RESERVE10 COMPONENT ANNUITY.—(1) Section 1448(e) of title 10,

11 United States Code, is amended by striking ‘‘a person

12 electing to participate’’ and all that follows through ‘‘mak13 ing such election’’ and inserting ‘‘a person is required to

14 make a designation under this subsection, the person’’.

15 (2) Section 1450(j)(1) of such title is amended to

16 read as follows:

17 ‘‘(1) PERSON MAKING SECTION 1448(e) DES18 IGNATION.—A reserve-component annuity shall be

19 effective in accordance with the designation made

20 under section 1448(e) of this title by the person pro21 viding the annuity.’’.

22 (e) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect on October

24 1, 2000.
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1 SEC. 643. PARTICIPATION IN THRIFT SAVINGS PLAN.

2 (a) EFFECTIVE DATE OF PARTICIPATION AUTHOR3 ITY.—Section 663 of the National Defense Authorization

4 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

5 673; 5 U.S.C. 8440 note) is amended to read as follows:

6 ‘‘SEC. 663. EFFECTIVE DATE.

7 ‘‘(a) IN GENERAL.—The amendments made by this

8 subtitle shall take effect 180 days after the date of the

9 enactment of the National Defense Authorization Act for

10 Fiscal Year 2001.

11 ‘‘(b) POSTPONEMENT AUTHORITY.—(1) The Sec12 retary of Defense may postpone the authority of members

13 of the Ready Reserve to participate in the Thrift Savings

14 Plan under section 211 of title 37, United States Code

15 (as amended by this subtitle) up to 360 days after the

16 date referred to in subsection (a) if the Secretary, after

17 consultation with the Executive Director (appointed by the

18 Federal Retirement Thrift Investment Board), determines

19 that permitting such members to participate in the Thrift

20 Savings Plan earlier would place an excessive burden on

21 the administrative capacity of the Board to accommodate

22 participants in the Thrift Savings Plan.

23 ‘‘(2) The Secretary shall notify the congressional de24 fense committees, the Committee on Government Reform

25 of the House of Representatives, and the Committee on
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1 Governmental Affairs of the Senate of any determination

2 made under paragraph (1).’’.

3 (b) REGULATIONS.—Section 661(b) of such Act (113

4 Stat. 672; 5 U.S.C. 8440e) is amended by striking ‘‘the

5 date on which’’ and all that follows through ‘‘later,’’ and

6 inserting ‘‘the effective date of the amendments made by

7 this subtitle (determined under section 663(a)),’’.

8 SEC. 644. RETIREMENT FROM ACTIVE RESERVE SERVICE

9 AFTER REGULAR RETIREMENT.

10 (a) CONVERSION TO RESERVE RETIREMENT.—(1)

11 Chapter 1223 of title 10, United States Code, is amended

12 by adding at the end the following:

13 ‘‘§ 12741. Retirement from active reserve service per14 formed after regular retirement

15 ‘‘(a) RESERVE RETIREMENT.—Upon the election of

16 a member or former member of a reserve component under

17 subsection (b), the Secretary concerned shall—

18 ‘‘(1) treat the person as being entitled to re19 tired pay under this chapter;

20 ‘‘(2) terminate the person’s entitlement to re21 tired pay that is payable out of the Department of

22 Defense Military Retirement Fund under any other

23 provision of law other than this chapter; and

24 ‘‘(3) in the case of a reserve commissioned offi25 cer, transfer the officer to the Retired Reserve.
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1 ‘‘(b) ELIGIBILITY AND ELECTION.—A person who,

2 after being retired under chapter 65, 367, 571, or 867

3 of this title, serves in an active status in a reserve compo4 nent of the armed forces may elect to receive retired pay

5 under this chapter if—

6 ‘‘(1) the person would, except for paragraph (4)

7 of section 12731(a) of this title, otherwise be enti8 tled to retired pay under this chapter; and

9 ‘‘(2) during that reserve service, the person

10 served satisfactorily as—

11 ‘‘(A) a reserve commissioned officer; or

12 ‘‘(B) a reserve noncommissioned officer.

13 ‘‘(c) TIME AND FORM OF ELECTION.—An election

14 under subsection (b) shall be made within such time and

15 in such form as the Secretary concerned requires.

16 ‘‘(d) EFFECTIVE DATE OF ELECTION.—An election

17 made by a person under subsection (b) shall be effective—

18 ‘‘(1) except as provided in paragraph (2)(B), as

19 of the date on which the person attains 60 years of

20 age, if the election is made in accordance with this

21 section within 180 days after that date; or

22 ‘‘(2) on the first day of the first month that be23 gins after the date on which the election is made in

24 accordance with this section, if—
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1 ‘‘(A) the election is made more than 180

2 days after the date on which the person attains

3 60 years of age; or

4 ‘‘(B) the person retires from active reserve

5 service within that 180-day period.’’.

6 (2) The table of sections at the beginning of such

7 chapter is amended by adding at the end the following:

‘‘12741. Retirement from active service performed after regular retirement.’’.

8 (b) EFFECTIVE DATE AND APPLICABILITY.—(1)

9 This section and the amendments made by this section

10 shall take effect 180 days after the date of the enactment

11 of this Act.

12 (2) No benefits shall accrue under section 12741 of

13 title 10, United States Code (as added by subsection (a)),

14 for any period before the first day of the first month that

15 begins on or after the effective date of this section.

16 SEC. 645. SAME TREATMENT FOR FEDERAL JUDGES AS FOR

17 OTHER FEDERAL OFFICIALS REGARDING

18 PAYMENT OF MILITARY RETIRED PAY.

19 (a) REPEAL OF REQUIREMENT FOR SUSPENSION

20 DURING REGULAR ACTIVE SERVICE.—Section 371 of title

21 28, United States Code, is amended—

22 (1) by striking subsection (e); and

23 (2) by redesignating subsection (f) as sub24 section (e).
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1 (b) CONFORMING AMENDMENTS.—Subsection (b) of

2 such section is amended by striking ‘‘subsection (f)’’ each

3 place it appears and inserting ‘‘subsection (e)’’.

4 (c) RETROACTIVE EFFECTIVE DATE.—The amend5 ments made by this section shall take effect as of October

6 1, 1999.

7 Subtitle E—Other Matters

8 SEC. 651. REIMBURSEMENT OF RECRUITING AND ROTC

9 PERSONNEL FOR PARKING EXPENSES.

10 (a) IN GENERAL.—Chapter 53 of title 10, United

11 States Code, is amended by inserting after section 1053

12 the following new section:

13 ‘‘§ 1053a. Reimbursement of recruiting and ROTC

14 personnel: parking expenses

15 ‘‘(a) AUTHORITY.—The Secretary concerned may,

16 under regulations prescribed by the Secretary of Defense,

17 reimburse eligible Department of Defense personnel for

18 expenses incurred for parking a privately owned vehicle

19 at a place of duty.

20 ‘‘(b) ELIGIBILITY.—A member of the armed forces

21 or employee of the Department of Defense is eligible for

22 reimbursement under subsection (a) while—

23 ‘‘(1) assigned to duty as a recruiter for any of

24 the armed forces;
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1 ‘‘(2) assigned to duty at a military entrance

2 processing facility of the armed forces; or

3 ‘‘(3) detailed for instructional and administra4 tive duties at any institution where a unit of the

5 Senior Reserve Officers’ Training Corps is main6 tained.’’.

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

8 at the beginning of such chapter is amended by inserting

9 after the item relating to section 1053 the following:

‘‘1053a. Reimbursement of recruiting and ROTC personnel: parking expenses.’’.

10 SEC. 652. EXTENSION OF DEADLINE FOR FILING CLAIMS

11 ASSOCIATED WITH CAPTURE AND INTERN12 MENT OF CERTAIN PERSONS BY NORTH VIET13 NAM.

14 Section 657(d)(1) of the National Defense Authoriza15 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

16 Stat. 2585) is amended by adding at the end the following:

17 ‘‘The Secretary may extend the time limitation under the

18 preceding sentence for up to 18 months in the case of any

19 claim for which the Secretary determines that the exten20 sion is necessary to prevent an injustice or that a failure

21 to file within the time limitation is due to excusable ne22 glect.’’.
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1 SEC. 653. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR

2 UNUSED ACCRUED LEAVE AND FOR RETIRED

3 PAY.

4 (a) CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED

5 LEAVE.—Subsection (a)(1) of section 3702 of title 31,

6 United States Code, is amended by inserting ‘‘payments

7 for unused accrued leave,’’ after ‘‘transportation,’’.

8 (b) WAIVER OF TIME LIMITATIONS.—Subsection

9 (e)(1) of such section is amended by striking ‘‘claim for

10 pay or allowances under title 37’’ and inserting ‘‘claim for

11 pay, allowances, or payment for unused accrued leave

12 under title 37 or a claim for retired pay under title 10’’.

13 SEC. 654. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDI14 VIDUAL READY RESERVE FOR

15 SERVICEMEMBERS’ GROUP LIFE INSURANCE.

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

17 amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (B);

20 (2) by redesignating subparagraph (C) as sub21 paragraph (D); and

22 (3) by inserting after subparagraph (B) the fol23 lowing new subparagraph (C):

24 ‘‘(C) a person who volunteers for assign25 ment to a category in the Individual Ready Re26 serve of a uniformed service that is subject to
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1 an involuntary call to active duty under section

2 12304 of title 10; and’’.

3 SEC. 655. AUTHORITY TO PAY GRATUITY TO CERTAIN VET4 ERANS OF BATAAN AND CORREGIDOR.

5 (a) PAYMENT OF GRATUITY AUTHORIZED.—The

6 Secretary of Veterans Affairs may pay a gratuity to a cov7 ered veteran, or to the surviving spouse of a covered vet8 eran, in the amount of $20,000.

9 (b) COVERED VETERAN DEFINED.—For purposes of

10 subsection (a), the term ‘‘covered veteran’’ means any vet11 eran of the Armed Forces who—

12 (1) served at Bataan or Corregidor in the Phil13 ippines during World War II;

14 (2) was captured and held as a prisoner of war

15 by Japan as a result of such service; and

16 (3) was required by Japan to perform slave

17 labor in Japan during World War II.

18 (c) RELATIONSHIP TO OTHER PAYMENTS.—Any

19 amount paid a person under this section for activity de20 scribed in subsection (b) is in addition to any other

21 amount paid such person for such activity under any other

22 provision of law.
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1 TITLE VII—HEALTH CARE

2 Subtitle A—Senior Health Care

3 SEC. 701. EXTENSION OF TRICARE SENIOR SUPPLEMENT

4 DEMONSTRATION PROGRAM.

5 Section 722(a)(2) of the Strom Thurmond National

6 Defense Authorization Act for Fiscal Year 1999 (Public

7 Law 105–261; 112 Stat. 2065; 10 U.S.C. 1073 note) is

8 amended by striking ‘‘December 31, 2002’’ and inserting

9 ‘‘December 31, 2005’’.

10 SEC. 702. TRICARE SENIOR PRIME DEMONSTRATION PRO11 GRAM.

12 (a) EXTENSION OF DEMONSTRATION PROGRAM.—

13 Paragraph (4) of section 1896(b) of the Social Security

14 Act (42 U.S.C. 1395ggg(b)) is amended by striking ‘‘3-

15 year period beginning on January 1, 1998’’ and inserting

16 ‘‘period beginning on January 1, 1998, and ending on De17 cember 31, 2005’’.

18 (b) ADDITION OF MAJOR MEDICAL CENTERS.—

19 Paragraph (1)(A) of such section 1895(b) is amended by

20 striking ‘‘in a military treatment facility’’ and inserting

21 ‘‘in a Department of Defense medical center considered

22 by the Secretary to be a major medical center, in any other

23 military treatment facility,’’.
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1 (c) DESIGNATION OF ADDITIONAL SITES.—Para2 graph (2) of such section 1896(b) is amended to read as

3 follows:

4 ‘‘(2) DESIGNATION OF SITES.—

5 ‘‘(A) IN GENERAL.—The project estab6 lished under this section shall be conducted at

7 sites designated jointly by the administering

8 Secretaries after review of all TRICARE re9 gions.

10 ‘‘(B) SPECIFIC SITES.—The sites for the

11 project shall include the 6 sites designated in

12 accordance with subparagraph (A) before the

13 date of the enactment of the National Defense

14 Authorization Act for Fiscal Year 2001 and the

15 major medical centers designated after such

16 date in accordance with that subparagraph.’’.

17 SEC. 703. EXTENSION AND EXPANSION OF DEMONSTRA18 TION PROJECT FOR PARTICIPATION OF UNI19 FORMED SERVICES PERSONNEL IN THE FED20 ERAL EMPLOYEES HEALTH BENEFITS PRO21 GRAM.

22 (a) EXTENSION.—(1) Subsection (d) of section 1108

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

24 (A) in paragraph (1), by striking ‘‘three con25 tract years’’ and inserting ‘‘six contract years’’; and
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1 (B) in paragraph (2), by striking ‘‘December

2 31, 2002’’ in the second sentence and inserting ‘‘De3 cember 31, 2005’’.

4 (2) Subsection (f)(1) of such section is amended to

5 read as follows:

6 ‘‘(1) Subject to paragraphs (2) and (3), the period

7 of enrollment of an eligible beneficiary who—

8 ‘‘(A) enrolls in the demonstration project dur9 ing the open enrollment period for the year 2000

10 shall be three years unless the beneficiary disenrolls

11 before the termination of the project; or

12 ‘‘(B) enrolls, or extends a previous enrollment

13 under subsection (d)(2), during the open enrollment

14 period for a year after 2000 shall be equal to the re15 maining number of years of the demonstration

16 project under this section unless the beneficiary

17 disenrolls before the termination of the project.’’.

18 (b) ADDITIONAL AREAS OF COVERAGE.—Subsection

19 (c) of such section is amended—

20 (1) by striking ‘‘(c) AREA OF DEMONSTRATION

21 PROJECT.—’’ and inserting ‘‘(c) AREAS FOR DEM22 ONSTRATION PROJECT.—(1)’’;

23 (2) by striking ‘‘, but not more than ten,’’; and

24 (3) by striking the third sentence and inserting

25 the following:
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1 ‘‘(2) In establishing the areas for the demonstration

2 project, the Secretary and Director shall include an area

3 that includes the catchment area of one or more military

4 medical treatment facilities, an area that is not located

5 in the catchment area of a military medical treatment fa6 cility, an area in which there is a Medicare Subvention

7 Demonstration project area under section 1896 of title

8 XVIII of the Social Security Act (42 U.S.C. 1395ggg),

9 and one area for each TRICARE region. Each area se10 lected after the date of the enactment of the National De11 fense Authorization Act for Fiscal Year 2001 shall be an

12 area that is not located in the catchment area of a military

13 medical treatment facility.’’.

14 (c) IMPLEMENTATION.—The Secretary of Defense

15 shall implement the amendments made by subsection (a)

16 as soon as is practicable, but may waive the implementa17 tion with respect to 2001 if the Secretary determines that

18 it is impracticable to implement the amendments with re19 spect to that year.

20 SEC. 704. IMPLEMENTATION OF REDESIGNED PHARMACY

21 SYSTEM.

22 (a) ENROLLMENT FEE AND DEDUCTIBLES RE23 QUIRED.—Subsection (b) of section 723 of the Strom

24 Thurmond National Defense Authorization Act for Fiscal
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1 Year 1999 (Public Law 105–261; 112 Stat. 2068; 10

2 U.S.C. 1073 note) is amended to read as follows:

3 ‘‘(b) ENROLLMENT FEES, DEDUCTIBLES, AND

4 OTHER CHARGES.—(1) The Secretary may require each

5 eligible individual described in subsection (e) who partici6 pates in the redesigned pharmacy system to pay an enroll7 ment fee. The Secretary shall ensure that any such enroll8 ment fee required after December 31, 2000, is lower than

9 the enrollment fee charged under this subsection on such

10 date.

11 ‘‘(2) The Secretary may also impose one or more

12 cost-sharing requirements for each individual referred to

13 in paragraph (1) for benefits under the redesigned phar14 macy system as follows:

15 ‘‘(A) An annual deductible requirement for each

16 such individual.

17 ‘‘(B) Any premiums, copayments, or other

18 charges that the Secretary would otherwise collect

19 from individuals similar to such individual.’’.

20 (b) PERIODIC PAYMENT OF PREMIUMS.—Subsection

21 (b) of such section is further amended by adding at the

22 end the following:

23 ‘‘(2) An individual may elect to pay a premium

24 charged under this subsection on a monthly or quarterly

25 basis.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on January 1, 2001, and shall

3 apply with respect to participation in the redesigned phar4 macy system under section 723 of Public Law 105–261

5 for months beginning on or after that date.

6 Subtitle B—TRICARE Program

7 SEC. 711. ADDITIONAL BENEFICIARIES UNDER TRICARE

8 PRIME REMOTE PROGRAM IN CONUS.

9 (a) COVERAGE OF OTHER UNIFORMED SERVICES.—

10 (1) Section 1074(c) of title 10, United States Code, is

11 amended—

12 (A) by striking ‘‘armed forces’’ each place it ap13 pears, except in paragraph (3)(A), and inserting

14 ‘‘uniformed services’’;

15 (B) in paragraph (1), by inserting after ‘‘mili16 tary department’’ in the first sentence the following:

17 ‘‘, the Department of Transportation (with respect

18 to the Coast Guard when it is not operating as a

19 service in the Navy), or the Department of Health

20 and Human Services (with respect to the National

21 Oceanic and Atmospheric Administration and the

22 Public Health Service)’’;

23 (C) in paragraph (2), by adding at the end the

24 following:
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1 ‘‘(C) The Secretary of Defense shall consult

2 with the other administering Secretaries in the ad3 ministration of this paragraph.’’; and

4 (D) in paragraph (3)(A), by striking ‘‘The Sec5 retary of Defense may not require a member of the

6 armed forces described in subparagraph (B)’’ and

7 inserting ‘‘A member of the uniformed services de8 scribed in subparagraph (B) may not be required’’.

9 (2)(A) Subsections (b), (c), and (d)(3) of section 731

10 of the National Defense Authorization Act for Fiscal Year

11 1998 (Public Law 105–85; 111 Stat. 1811; 10 U.S.C.

12 1074 note) are amended by striking ‘‘Armed Forces’’ and

13 inserting ‘‘uniformed services’’.

14 (B) Subsection (b) of such section is further amended

15 by adding at the end the following:

16 ‘‘(4) The Secretary of Defense shall consult with the

17 other administering Secretaries in the administration of

18 this subsection.’’.

19 (C) Subsection (f) of such section is amended by add20 ing at the end the following:

21 ‘‘(3) The terms ‘uniformed services’ and ‘ad22 ministering Secretaries’ have the meanings given

23 those terms in section 1072 of title 10, United

24 States Code.’’.
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1 (3) Section 706(b) of the National Defense Author2 ization Act for Fiscal Year 2000 (Public Law 106–65; 113

3 Stat. 684) is amended by striking ‘‘Armed Forces’’ and

4 inserting ‘‘uniformed services (as defined in section

5 1072(1) of title 10, United States Code)’’.

6 (b) COVERAGE OF IMMEDIATE FAMILY.—(1) Section

7 1079 of title 10, United States Code, is amended by add8 ing at the end the following:

9 ‘‘(p)(1) Subject to such exceptions as the Secretary

10 of Defense considers necessary, coverage for medical care

11 under this section for the dependents referred to in sub12 section (a) of a member of the uniformed services referred

13 to in section 1074(c)(3) of this title who are residing with

14 the member, and standards with respect to timely access

15 to such care, shall be comparable to coverage for medical

16 care and standards for timely access to such care under

17 the managed care option of the TRICARE program known

18 as TRICARE Prime.

19 ‘‘(2) The Secretary of Defense shall enter into ar20 rangements with contractors under the TRICARE pro21 gram or with other appropriate contractors for the timely

22 and efficient processing of claims under this subsection.

23 ‘‘(3) The Secretary of Defense shall consult with the

24 other administering Secretaries in the administration of

25 this subsection.’’.
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1 (2) Section 731(b) of the National Defense Author2 ization Act for Fiscal Year 1998 (Public Law 105–85; 111

3 Stat. 1811; 10 U.S.C. 1074 note) is amended—

4 (A) in paragraph (1), by adding at the end the

5 following: ‘‘A dependent of the member, as described

6 in subparagraph (A), (D), or (I) of section 1072(2)

7 of title 10, United States Code, who is residing with

8 the member shall have the same entitlement to care

9 and to waiver of charges as the member.’’; and

10 (B) in paragraph (2), by inserting ‘‘or depend11 ent of the member, as the case may be,’’ after ‘‘(2)

12 A member’’.

13 (c) EFFECTIVE DATE.—(1) The amendments made

14 by subsection (a)(2), with respect to members of the uni15 formed services, and the amendments made by subsection

16 (b)(2), with respect to dependents of members, shall take

17 effect on the date of the enactment of this Act and shall

18 expire with respect to a member or the dependents of a

19 member, respectively, on the later of the following:

20 (A) The date that is one year after the date of

21 the enactment of this Act.

22 (B) The date on which the amendments sub23 section (a)(1) or (b)(1) apply with respect to the

24 coverage of medical care for and provision of such

25 care to the member or dependents, respectively.
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1 (2) Section 731(b)(3) of Public Law 105–85 does not

2 apply to a member of the Coast Guard, the National Oce3 anic and Atmospheric Administration, or the Commis4 sioned Corps of the Public Health Service, or to a depend5 ent of a member of a uniformed service.

6 SEC. 712. ELIMINATION OF COPAYMENTS FOR IMMEDIATE

7 FAMILY.

8 (a) NO COPAYMENT FOR IMMEDIATE FAMILY.—Sec9 tion 1097a of title 10, United States Code, is amended—

10 (1) by redesignating subsection (e) as sub11 section (f); and

12 (2) by inserting after subsection (d) the fol13 lowing new subsection (e):

14 ‘‘(e) NO COPAYMENT FOR IMMEDIATE FAMILY.—No

15 copayment shall be charged a member for care provided

16 under TRICARE Prime to a dependent of a member of

17 the uniformed services described in subparagraph (A),

18 (D), or (I) of section 1072 of this title.’’.

19 (b) EFFECTIVE DATE.—The amendments made by

20 subsection (a) shall take effect on October 1, 2000, and

21 shall apply with respect to care provided on or after that

22 date.
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1 SEC. 713. IMPROVEMENT IN BUSINESS PRACTICES IN THE

2 ADMINISTRATION OF THE TRICARE PRO3 GRAM.

4 (a) REQUIREMENT.—Not later than October 1, 2001,

5 the Secretary of Defense shall take actions that the Sec6 retary considers appropriate to improve the business prac7 tices used in administering the access of eligible persons

8 to health care services through the TRICARE program

9 under chapter 55 of title 10, United States Code, includ10 ing the practices relating to the following:

11 (1) The availability and scheduling of appoint12 ments.

13 (2) The filing, processing, and payment of

14 claims.

15 (3) Public relations efforts that are focused on

16 outreach to eligible persons.

17 (4) The continuation of enrollments without ex18 piration.

19 (5) The portability of enrollments nationwide.

20 (b) CONSULTATION.—The Secretary of Defense shall

21 consult with the other administering Secretaries in the de22 velopment of the actions to be taken under subsection (a).

23 (c) REPORT.—Not later than March 15, 2001, the

24 Secretary of Defense shall submit to the Committees on

25 Armed Services of the Senate and House of Representa-
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1 tives a report on the actions to be taken under subsection

2 (a).

3 (d) DEFINITIONS.—In this section the terms ‘‘admin4 istering Secretaries’’ and ‘‘TRICARE program’’ shall have

5 the meanings given such terms in section 1072 of title 10,

6 United States Code.

7 Subtitle C—Joint Initiatives With

8 Department of Veterans Affairs

9 SEC. 721. TRACKING PATIENT SAFETY IN MILITARY AND

10 VETERANS HEALTH CARE SYSTEMS.

11 (a) CENTRALIZED TRACKING PROCESS.—The Sec12 retary of Defense and the Secretary of Veterans Affairs

13 shall jointly prescribe a centralized process for the report14 ing, compiling, and analysis of errors in the provision of

15 health care under the Defense Health Program and the

16 Department of Veterans Affairs health care system that

17 endanger patients beyond the normal risks associated with

18 the care and treatment of the patients.

19 (b) SAFETY INDICATORS, ET CETERA.—The process

20 shall include such indicators, standards, and protocols as

21 the Secretary of Defense and the Secretary of Veterans

22 Affairs consider necessary for the establishment and ad23 ministration of an effective process.
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1 SEC. 722. PHARMACEUTICAL IDENTIFICATION TECH2 NOLOGY.

3 (a) BAR CODE IDENTIFICATION TECHNOLOGY.—The

4 Secretary of Defense and the Secretary of Veterans Af5 fairs shall jointly develop a system for the use of bar codes

6 for the identification of pharmaceuticals.

7 (b) USE IN MAIL ORDER PHARMACEUTICALS PRO8 GRAM.—The Secretary of Defense, in consultation with

9 the Secretary of Veterans Affairs, shall experiment with

10 the use of bar code identification of pharmaceuticals in

11 the administration of the mail order pharmaceuticals pro12 gram carried out under section 1110(a) of title 10, United

13 States Code (as added by section 731).

14 SEC. 723. MEDICAL INFORMATICS.

15 (a) ADDITION MATTERS FOR ANNUAL REPORT ON

16 MEDICAL INFORMATICS ADVISORY COMMITTEE.—Section

17 723(d)(5) of the National Defense Authorization Act for

18 Fiscal Year 2000 (Public Law 106–65; 113 Stat. 697; 10

19 U.S.C. 1071 note) is amended to read as follows:

20 ‘‘(5) The Secretary of Defense shall submit to Con21 gress an annual report on medical informatics. The report

22 shall include a discussion of the following matters:

23 ‘‘(A) The activities of the Committee.

24 ‘‘(B) The coordination of development, deploy25 ment, and maintenance of health care informatics

26 systems within the Federal Government, and be-
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1 tween the Federal Government and the private sec2 tor.

3 ‘‘(C) The progress or growth occurring in med4 ical informatics.

5 ‘‘(D) How the TRICARE program and the De6 partment of Veterans Affairs health care system can

7 use the advancement of knowledge in medical

8 informatics to raise the standards of health care and

9 treatment and the expectations for improving health

10 care and treatment.’’.

11 (b) FISCAL YEAR 2001 FUNDING FOR PHARMA12 CEUTICALS-RELATED MEDICAL INFORMATICS.—Of the

13 amount authorized to be appropriated under section

14 301(22)—

15 (1) $64,000,000 is available for the commence16 ment of the implementation of a new computerized

17 medical record, including an automated entry order

18 system for pharmaceuticals, that makes all relevant

19 clinical information on a patient under the Defense

20 Health Program available when and where it is

21 needed; and

22 (2) $9,000,000 is available for the implementa23 tion of an integrated pharmacy system under the

24 Defense Health Program that creates a single profile

25 for all of the prescription medications a patient
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1 takes, regardless of whether the prescriptions for

2 those medications were filled at military or private

3 pharmacies serving Department of Defense bene4 ficiaries worldwide.

5 Subtitle D—Other Matters

6 SEC. 731. PERMANENT AUTHORITY FOR CERTAIN PHARMA7 CEUTICAL BENEFITS.

8 (a) AUTHORITY.—(1) Chapter 55 of title 10, United

9 States Code, is amended by adding at the end the fol10 lowing:

11 ‘‘§ 1110. Pharmaceutical benefits

12 ‘‘(a) PHARMACEUTICALS BY MAIL.—The Secretary of

13 Defense shall carry out a program to provide eligible per14 sons with prescription pharmaceuticals by mail.

15 ‘‘(b) RETAIL PHARMACY NETWORK.—To the max16 imum extent practicable, the Secretary of Defense shall

17 include in each managed health care program under this

18 chapter, a program to supply prescription pharmaceuticals

19 to eligible persons through a managed care network of

20 community retail pharmacies in the area covered by the

21 managed health care program.

22 ‘‘(c) ELIGIBLE PERSONS.—A person is eligible to ob23 tain pharmaceuticals under the program of pharma24 ceuticals by mail under subsection (a) or through a retail
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1 pharmacy network included in a managed health care pro2 gram under subsection (b) as follows:

3 ‘‘(1) A person who is eligible for medical care

4 under a contract for medical care entered into by the

5 Secretary of Defense under section 1079 or 1086 of

6 this title.

7 ‘‘(2) A person who would be eligible for medical

8 care under a contract for medical care entered into

9 under section 1086 of this title except for the oper10 ation of subsection (d)(1) of such section.

11 ‘‘(d) PHARMACEUTICALS OFFERED.—The Secretary

12 of Defense shall determine the pharmaceuticals that may

13 be obtained by eligible persons under subsection (a) or (b).

14 ‘‘(e) FEES.—The Secretary of Defense shall prescribe

15 an appropriate fee, charge, or copayment to be paid by

16 persons for pharmaceuticals obtained under subsection (a)

17 or (b).

18 ‘‘(f) CONSULTATION REQUIREMENT.—The Secretary

19 of Defense shall consult with the other administering Sec20 retaries in the administration of this section.’’.

21 (2) The table of sections at the beginning of such

22 chapter is amended by adding at the end the following:

‘‘1110. Pharmaceutical benefits.’’.

23 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section

24 702 of the National Defense Authorization Act for Fiscal
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1 Year 1993 (Public Law 102–484; 106 Stat. 2431; 10

2 U.S.C. 1079 note) is repealed.

3 (c) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall take effect on January

5 1, 2001.

6 SEC. 732. PROVISION OF DOMICILIARY AND CUSTODIAL

7 CARE FOR CHAMPUS BENEFICIARIES.

8 (a) CONTINUATION OF CARE FOR CERTAIN

9 CHAMPUS BENEFICIARIES.—Section 703(a)(1) of the

10 National Defense Authorization Act for Fiscal Year 2000

11 (Public Law 106–65; 113 Stat. 682; 10 U.S.C. 1077 note)

12 is amended by inserting before the period at the end the

13 following: ‘‘or by the prohibition in section 1086(d)(1) of

14 such title’’.

15 (b) COST LIMITATION FOR INDIVIDUAL CASE MAN16 AGEMENT PROGRAM.—(1) Section 1079(a)(17) of title 10,

17 United States Code, is amended—

18 (A) by inserting ‘‘(A)’’ after ‘‘(17)’’; and

19 (B) by adding at the end the following:

20 ‘‘(B) The total amount expended under sub21 paragraph (A) for a fiscal year may not exceed

22 $100,000,000.’’.

23 (2) Section 703 of the National Defense Authoriza24 tion Act for Fiscal Year 2000 is amended by adding at

25 the end the following:
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1 ‘‘(e) COST LIMITATION.—The total amount paid for

2 services for eligible beneficiaries under subsection (a) for

3 a fiscal year (together with the costs of administering the

4 authority under that subsection) shall be included in the

5 expenditures limited by section 1079(a)(17)(B) of title 10,

6 United States Code.’’.

7 (c) APPLICABILITY OF COST LIMITATION.—The

8 amendments made by subsection (b) shall apply to fiscal

9 years after fiscal year 1999.

10 SEC. 733. MEDICAL AND DENTAL CARE FOR MEDAL OF

11 HONOR RECIPIENTS AND THEIR DEPEND12 ENTS.

13 (a) MEDAL RECIPIENTS.—Section 1074 of title 10,

14 United States Code, is amended by adding at the end the

15 following:

16 ‘‘(d)(1) A medal of honor recipient is entitled to med17 ical and dental care under this chapter to the same extent

18 as a person referred to in subsection (b).

19 ‘‘(2) In this subsection, the term ‘medal of honor re20 cipient’ means a person awarded a medal of honor under

21 section 3741, 6241, or 8741 of this title, or section 491

22 of title 14.’’.

23 (b) DEPENDENTS.—Section 1076 of such title is

24 amended by adding at the end the following:
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1 ‘‘(f)(1) The immediate dependents of a medal of

2 honor recipient are entitled to medical and dental care

3 under this chapter to the same extent as a person referred

4 to in subsection (b).

5 ‘‘(2) In this subsection:

6 ‘‘(A) The term ‘medal of honor recipient’ has

7 the meaning given the term in section 1074(d)(2) of

8 this title.

9 ‘‘(B) The term ‘immediate dependent’ means a

10 dependent described in subparagraphs (A), (B), (C),

11 and (D) of section 1072(2) of this title.’’.

12 SEC. 734. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS

13 FOR CERTAIN MINOR DEPENDENTS.

14 Section 1076 of title 10, United States Code, as

15 amended by section 733(b), is further amended by adding

16 at the end the following:

17 ‘‘(g)(1) The administering Secretaries shall furnish

18 an eligible dependent a physical examination that is re19 quired by a school in connection with the enrollment of

20 the dependent as a student in that school.

21 ‘‘(2) A dependent is eligible for a physical examina22 tion under paragraph (1) if the dependent—

23 ‘‘(A) is entitled to receive medical care under

24 subsection (a) or is authorized to receive medical

25 care under subsection (b); and
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1 ‘‘(B) is at least 5 years of age and less than 12

2 years of age.

3 ‘‘(3) Nothing in paragraph (2) may be construed to

4 prohibit the furnishing of a school-required physical exam5 ination to any dependent who, except for not satisfying

6 the age requirement under that paragraph, would other7 wise be eligible for a physical examination required to be

8 furnished under this subsection.’’.

9 SEC. 735. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL

10 BENEFITS FOR SURVIVING DEPENDENTS OF

11 CERTAIN DECEASED MEMBERS.

12 (a) DENTAL BENEFITS.—Section 1076a(k)(2) of title

13 10, United States Code, is amended by striking ‘‘one-year

14 period’’ and inserting ‘‘three-year period’’.

15 (b) MEDICAL BENEFITS.—Section 1079(g) of title

16 10, United States Code, is amended by striking ‘‘one-year

17 period’’ in the second sentence and inserting ‘‘three-year

18 period’’.

19 SEC. 736. EXTENSION OF AUTHORITY FOR CONTRACTS FOR

20 MEDICAL SERVICES AT LOCATIONS OUTSIDE

21 MEDICAL TREATMENT FACILITIES.

22 Section 1091(a)(2) of title 10, United States Code,

23 is amended by striking ‘‘December 31, 2000’’ and insert24 ing ‘‘September 30, 2002’’.
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1 SEC. 737. TRANSITION OF CHIROPRACTIC HEALTH CARE

2 DEMONSTRATION PROGRAM TO PERMANENT

3 STATUS.

4 (a) TRICARE PRIME BENEFITS.—The Secretary of

5 Defense shall complete the development and implementa6 tion of a program to provide chiropractic health care serv7 ices and benefits for all TRICARE Prime enrollees as a

8 permanent part of the military health care system for the

9 enrollees in that plan, as follows:

10 (1) At the military medical treatment facilities

11 designated pursuant to section 731(a)(2)(A) of the

12 National Defense Authorization Act for Fiscal Year

13 1995 (Public Law 103–337; 10 U.S.C. 1092 note),

14 not later than 180 days after the date of the enact15 ment of this Act.

16 (2) At the other military medical treatment fa17 cilities considered by the Secretary of Defense to be

18 major military medical treatment facilities, not later

19 than October 1, 2001.

20 (b) PRIMARY CARE MANAGEMENT.—The Secretary

21 shall ensure that the primary care manager model, which

22 requires referral by a primary care manager, is used for

23 providing the chiropractic health care services and benefits

24 under the program referred to in subsection (a).
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1 (c) CONTINUATION OF EXISTING CHIROPRACTIC

2 BENEFITS.—Section 731(a)(4) of the National Defense

3 Authorization Act for Fiscal Year 1995 is amended—

4 (1) by striking ‘‘During fiscal year 2000, the’’

5 and inserting ‘‘The’’; and

6 (2) by adding at the end the following: ‘‘The re7 quirement under the preceding sentence shall cease

8 to apply with respect to a military medical treatment

9 facility on the date on which the Secretary of De10 fense completes the implementation of a program to

11 provide chiropractic health care services and benefits

12 at that facility for all TRICARE Prime enrollees as

13 a permanent part of the military health care system

14 for the enrollees in that plan.’’.

15 SEC. 738. USE OF INFORMATION TECHNOLOGY FOR EN16 HANCEMENT OF DELIVERY OF ADMINISTRA17 TIVE SERVICES UNDER THE DEFENSE

18 HEALTH PROGRAM.

19 (a) REQUIREMENT.—The Secretary of Defense shall

20 take the actions that the Secretary determines necessary

21 to use, in at least one TRICARE program region, com22 mercially available information technology systems and

23 products to simplify the critical administrative processes

24 of the defense health program (including TRICARE), to

25 enhance the efficiency of the performance of administra-
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1 tive services under the program, to match commercially

2 recognized standards of performance of the services, and

3 otherwise to improve the performance of the services.

4 (b) IMPLEMENTATION.—In carrying out subsection

5 (a), the Secretary shall ensure that—

6 (1) the use of Internet technology is incor7 porated into the processes referred to in that sub8 section; and

9 (2) conversions to new or different computer

10 technologies incorporate data requirements that are

11 widely used in the marketplace (including those used

12 by medicare or commercial insurers) for the per13 formance of administrative services.

14 (c) ADMINISTRATIVE SERVICES DEFINED.—In this

15 section, the term ‘‘administrative services’’ includes the

16 performance of the following functions:

17 (1) Marketing.

18 (2) Enrollment.

19 (3) Program education of beneficiaries.

20 (4) Program education of health care providers.

21 (5) Scheduling of appointments.

22 (6) Processing of claims.
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1 SEC. 739. PATIENT CARE REPORTING AND MANAGEMENT

2 SYSTEM.

3 (a) ESTABLISHMENT.—The Secretary of Defense

4 shall establish a patient care error reporting and manage5 ment system.

6 (b) PURPOSES OF SYSTEM.—The purposes of the sys7 tem are as follows:

8 (1) To study the occurrences of errors in the

9 patient care provided under chapter 55 of title 10,

10 United States Code.

11 (2) To identify the systemic factors that are as12 sociated with such occurrences.

13 (3) To provide for action to be taken to correct

14 the identified systemic factors.

15 (c) REQUIREMENTS FOR SYSTEM.—The patient care

16 error reporting and management system shall include the

17 following:

18 (1) A hospital-level patient safety center, within

19 the quality assurance department of each health care

20 organization of the Department of Defense, to col21 lect, assess, and report on the nature and frequency

22 of errors related to patient care.

23 (2) For each health care organization of the

24 Department of Defense and for the entire Defense

25 health program, the patient safety baselines that are

26 necessary for the development of a full under-
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1 standing of patient safety issues in each such orga2 nization and the entire program, including the na3 ture and types of errors and the systemic causes of

4 the errors.

5 (3) A Department of Defense Patient Safety

6 Center within the Armed Forces Institute of Pathol7 ogy to have the following missions:

8 (A) To analyze information on patient care

9 errors that is submitted to the Center by each

10 military health care organization.

11 (B) To develop action plans for addressing

12 patterns of patient care errors.

13 (C) To execute those action plans to miti14 gate and control errors in patient care with a

15 goal of ensuring that the health care organiza16 tions of the Department of Defense provide

17 highly reliable patient care with virtually no

18 error.

19 (D) To provide, through the Assistant Sec20 retary of Defense for Health Affairs, to the

21 Agency for Healthcare Research and Quality of

22 the Department of Health and Human Services

23 any reports that the Assistant Secretary deter24 mines appropriate.
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1 (E) To review and integrate processes for

2 reducing errors associated with patient care and

3 for enhancing patient safety.

4 (F) To contract with a qualified and objec5 tive external organization to manage the na6 tional patient safety database of the Depart7 ment of Defense.

8 (d) MEDTEAMS PROGRAM.—The Secretary shall ex9 pand the health care team coordination program to inte10 grate that program into all Department of Defense health

11 care operations. In carrying out this subsection, the Sec12 retary shall take the following actions:

13 (1) Establish not less than two Centers of Ex14 cellence for the development, validation, prolifera15 tion, and sustainment of the health care team co16 ordination program, one of which shall support all

17 fixed military health care organizations, the other of

18 which shall support all combat casualty care organi19 zations.

20 (2) Deploy the program to all fixed and combat

21 casualty care organizations of each of the Armed

22 Forces, at the rate of not less than 10 organizations

23 in each fiscal year.

24 (3) Expand the scope of the health care team

25 coordination program from a focus on emergency de-
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1 partment care to a coverage that includes care in all

2 major medical specialties, at the rate of not less

3 than one specialty in each fiscal year.

4 (4) Continue research and development invest5 ments to improve communication, coordination, and

6 team work in the provision of health care.

7 (e) CONSULTATION.—The Secretary shall consult

8 with the other administering Secretaries (as defined in

9 section 1072(3) of title 10, United States Code) in car10 rying out this section.

11 SEC. 740. HEALTH CARE MANAGEMENT DEMONSTRATION

12 PROGRAM.

13 (a) ESTABLISHMENT.—The Secretary of Defense

14 shall carry out a demonstration program on health care

15 management to explore opportunities for improving the

16 planning and management of the Department of Defense

17 health care system.

18 (b) TEST MODELS.—Under the demonstration pro19 gram, the Secretary shall test the use of the following

20 planning and management models:

21 (1) A health care simulation model for studying

22 alternative delivery policies, processes, organizations,

23 and technologies.

24 (2) A health care simulation model for studying

25 long term disease management.
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1 (c) DEMONSTRATION SITES.—The Secretary shall

2 test each model separately at one or more sites.

3 (d) PERIOD FOR PROGRAM.—The demonstration pro4 gram shall begin not later than 180 days after the date

5 of the enactment of this Act and shall terminate on De6 cember 31, 2001.

7 (e) REPORTS.—The Secretary of Defense shall sub8 mit a report on the demonstration program to the Com9 mittees on Armed Services of the Senate and the House

10 of Representatives not later than March 15, 2002. The

11 report shall include the Secretary’s assessment of the

12 value of incorporating the use of the tested planning and

13 management models throughout the Department of De14 fense health care system.

15 (f) FUNDING.—Of the amount authorized to be ap16 propriated under section 301(22), $6,000,000 shall be

17 available for the demonstration program under this sec18 tion.

19 SEC. 741. STUDIES OF ACCRUAL FINANCING FOR HEALTH

20 CARE FOR MILITARY RETIREES.

21 (a) STUDIES REQUIRED.—The Secretary of Defense

22 shall carry out two studies to assess the feasibility and

23 desirability of financing the military health care program

24 for retirees of the uniformed services on an accrual basis.
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1 (b) SOURCES OF STUDIES.—The Secretary shall pro2 vide for—

3 (1) one of the studies under subsection (a) to

4 be conducted by one or more Department of Defense

5 organizations designated by the Secretary; and

6 (2) the other study to be conducted by an orga7 nization that is independent of the Department of

8 Defense and has expertise in financial programs and

9 health care.

10 (c) REPORTS.—(1) The Secretary shall provide for

11 the submission of a final report on each study to the Sec12 retary within such time as the Secretary determines nec13 essary to satisfy the requirement in paragraph (2).

14 (2) The Secretary shall transmit the final reports on

15 the studies to Congress not later than February 8, 2001.

16 The Secretary may include in the transmittal any com17 ments on the reports or on the matters studied that the

18 Secretary considers appropriate.

19 SEC. 742. AUGMENTATION OF ARMY MEDICAL DEPART20 MENT BY RESERVE OFFICERS OF THE PUB21 LIC HEALTH SERVICE.

22 (a) AUTHORITY.—The Secretary of the Army and the

23 Secretary of Health and Human Services may jointly con24 duct a program to augment the Army Medical Department

25 by exercising any authorities provided to those officials in
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1 law for the detailing of reserve commissioned officers of

2 the Public Health Service not in an active status to the

3 Army Medical Department for that purpose.

4 (b) AGREEMENT.—The Secretary of the Army and

5 the Secretary of Health and Human Services shall enter

6 into an agreement governing any program conducted

7 under subsection (a).

8 (c) ASSESSMENT.—(1) The Secretary of the Army

9 shall review the laws providing the authorities described

10 in subsection (a) and assess the adequacy of those laws

11 for authorizing—

12 (A) the Secretary of Health and Human Serv13 ices to detail reserve commissioned officers of the

14 Public Health Service not in an active status to the

15 Army Medical Department to augment that depart16 ment; and

17 (B) the Secretary of the Army to accept the de18 tail of such officers for that purpose.

19 (2) The Secretary shall complete the review and as20 sessment under paragraph (1) not later than 90 days after

21 the date of the enactment of this Act.

22 (d) REPORT TO CONGRESS.—Not later than March

23 1, 2001, the Secretary of the Army shall submit a report

24 on the results of the review and assessment under sub25 section (c) to the Committees on Armed Services of the
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1 Senate and the House of Representatives. The report shall

2 include the following:

3 (1) The findings resulting from the review and

4 assessment.

5 (2) Any proposal for legislation that the Sec6 retary recommends to strengthen the authority of

7 the Secretary of Health and Human Services and

8 the authority of the Secretary of the Army to take

9 the actions described in subparagraphs (A) and (B),

10 respectively, of subsection (c)(1).

11 (e) CONSULTATION REQUIREMENT.—The Secretary

12 of the Army shall consult with the Secretary of Health

13 and Human Services in carrying out the review and as14 sessment under subsection (c) and in preparing the report

15 (including making recommendations) under subsection

16 (d).

17 TITLE VIII—ACQUISITION POL18 ICY, ACQUISITION MANAGE19 MENT, AND RELATED MAT20 TERS

21 SEC. 801. IMPROVEMENTS IN PROCUREMENTS OF SERV22 ICES.

23 (a) PREFERENCE FOR PERFORMANCE-BASED SERV24 ICE CONTRACTING.—The Secretary of Defense shall en25 sure that, not later than 180 days after the date of the
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1 enactment of this Act, the Department of Defense Supple2 ment to the Federal Acquisition Regulation is revised to

3 establish a preference for use of contracts and task orders

4 for the purchase of services in the following order of prece5 dence:

6 (1) A performance-based contract or perform7 ance-based task order that contains firm fixed prices

8 for the specific tasks to be performed.

9 (2) Any other performance-based contract or

10 performance-based task order.

11 (3) Any contract or task order that is not a

12 performance-based contract or a performance-based

13 task order.

14 (b) INCENTIVE FOR USE OF PERFORMANCE-BASED

15 SERVICE CONTRACTS.—(1) A Department of Defense per16 formance-based contract or performance-based task order

17 may be treated as a contract for the procurement of com18 mercial items if—

19 (A) the contract or task order is valued at

20 $5,000,000 or less;

21 (B) the contract or task order sets forth specifi22 cally each task to be performed and, for each task—

23 (i) defines the task in measurable, mission24 related terms;
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1 (ii) identifies the specific end products or

2 output to be achieved; and

3 (iii) contains a firm fixed price; and

4 (C) the source of the services provides similar

5 services contemporaneously to the general public

6 under terms and conditions similar to those offered

7 to the Federal Government.

8 (2) The special simplified procedures provided in the

9 Federal Acquisition Regulation pursuant to section

10 2304(g)(1)(B) of title 10, United States Code, shall not

11 apply to a performance-based contract or performance12 based task order that is treated as a contract for the pro13 curement of commercial items under paragraph (1).

14 (3) Not later than 2 years after the date of the enact15 ment of this Act, the Comptroller General shall submit

16 a report on the implementation of this subsection to the

17 congressional defense committees.

18 (4) The authority under this subsection shall not

19 apply to contracts entered into or task orders issued more

20 than 3 years after the date of the enactment of this Act.

21 (c) CENTERS OF EXCELLENCE IN SERVICE CON22 TRACTING.—Not later than 180 days after the date of the

23 enactment of this Act, the Secretary of each military de24 partment shall establish at least one center of excellence

25 in contracting for services. Each center of excellence shall
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1 assist the acquisition community by identifying, and serv2 ing as a clearinghouse for, best practices in contracting

3 for services in the public and private sectors.

4 (d) ENHANCED TRAINING IN SERVICE CON5 TRACTING.—(1) The Secretary of Defense shall ensure

6 that classes focusing specifically on contracting for serv7 ices are offered by the Defense Acquisition University and

8 the Defense Systems Management College and are other9 wise available to contracting personnel throughout the De10 partment of Defense.

11 (2) The Secretary of each military department and

12 the head of each Defense Agency shall ensure that the

13 personnel of the department or agency, as the case may

14 be, who are responsible for the awarding and management

15 of contracts for services receive appropriate training that

16 is focused specifically on contracting for services.

17 (e) DEFINITIONS.—In this section:

18 (1) The term ‘‘performance-based’’, with re19 spect to a contract, a task order, or contracting,

20 means that the contract, task order, or contracting,

21 respectively, includes the use of performance work

22 statements that set forth contract requirements in

23 clear, specific, and objective terms with measurable

24 outcomes.
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1 (2) The term ‘‘commercial item’’ has the mean2 ing given the term in section 4(12) of the Office of

3 Federal Procurement Policy Act (41 U.S.C.

4 403(12)).

5 (3) The term ‘‘Defense Agency’’ has the mean6 ing given the term in section 101(a)(11) of title 10,

7 United States Code.

8 SEC. 802. ADDITION OF THRESHOLD VALUE REQUIREMENT

9 FOR APPLICABILITY OF A REPORTING RE10 QUIREMENT RELATING TO MULTIYEAR CON11 TRACT.

12 Section 2036b(l)(4) of title 10, United States Code,

13 is amended by striking ‘‘until the Secretary of Defense

14 submits to the congressional defense committees a report

15 with respect to that contract (or contract extension)’’ in

16 the matter preceding subparagraph (A) and inserting ‘‘the

17 value of which would exceed $500,000,000 (when entered

18 into or when extended, as the case may be) until the Sec19 retary of Defense has submitted to the congressional de20 fense committees a report’’.

21 SEC. 803. PLANNING FOR THE ACQUISITION OF INFORMA22 TION SYSTEMS.

23 (a) RESPONSIBILITY OF CHIEF INFORMATION OFFI24 CERS.—Section 2223 of title 10, United States Code, is

25 amended—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘and’’ at the end of para3 graph (3);

4 (B) by striking the period at the end of

5 paragraph (4) and inserting ‘‘; and’’; and

6 (C) by adding at the end the following:

7 ‘‘(5) maintain a consolidated inventory of De8 partment of Defense mission critical and mission es9 sential information systems, identify interfaces be10 tween these systems and other information systems,

11 and develop and maintain contingency plans for re12 sponding to a disruption in the operation of any of

13 these information systems.’’; and

14 (2) in subsection (b)—

15 (A) by striking ‘‘and’’ at the end of para16 graph (3);

17 (B) by striking the period at the end of

18 paragraph (4) and inserting ‘‘; and’’; and

19 (C) by adding at the end the following:

20 ‘‘(5) maintain an inventory of the mission crit21 ical and mission essential information systems of the

22 military department, identify interfaces between

23 these systems and other information systems, and

24 develop and maintain contingency plans for respond-
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1 ing to a disruption in the operation of any of these

2 information systems.’’.

3 (b) REVISED REGULATIONS REQUIRED.—Not later

4 than 60 days after the date of enactment of this Act, De5 partment of Defense Directive 5000.1 shall be revised to

6 establish minimum planning requirements for the acquisi7 tion of information technology systems.

8 (c) MISSION CRITICAL AND MISSION ESSENTIAL IN9 FORMATION TECHNOLOGY SYSTEMS.—The revised direc10 tive required by subsection (b) shall—

11 (1) include definitions of the terms ‘‘mission

12 critical information system’’ and ‘‘mission essential

13 information system’’; and

14 (2) prohibit the award of any contract for the

15 acquisition of a mission critical or mission essential

16 information technology system until—

17 (A) the system has been registered with

18 the Chief Information Officer of the Depart19 ment of Defense;

20 (B) the Chief Information Officer has re21 ceived all information on the system that is re22 quired under the directive to be provided to

23 that official; and
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1 (C) the Chief Information Officer has de2 termined that an appropriate information as3 surance strategy is in place for the system.

4 (d) MAJOR AUTOMATED INFORMATION SYSTEMS.—

5 The revised directive required by subsection (b) shall pro6 hibit Milestone I approval, Milestone II approval, or Mile7 stone III approval of a major automated information sys8 tem within the Department of Defense until the Chief In9 formation Officer has determined that—

10 (1) the system is being developed in accordance

11 with the requirements of division E of the Clinger12 Cohen Act of 1996 (40 U.S.C. 1401 et seq.);

13 (2) appropriate actions have been taken with

14 respect to the system in the areas of business proc15 ess reengineering, analysis of alternatives, economic

16 analysis, and performance measures; and

17 (3) the system has been registered as described

18 in subsection (c)(2).

19 (e) REPORTS.—(1) The Secretary of Defense shall

20 submit to the congressional defense committees, not later

21 than February 1 of each of fiscal years 2001, 2002, and

22 2003, a report on the implementation of the requirements

23 of this section during the preceding fiscal year.

24 (2) The report for a fiscal year under paragraph (1)

25 shall include, at a minimum, for each major automated
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1 information system that was approved during such pre2 ceding fiscal year under Department of Defense Directive

3 5000.1 (as revised pursuant to subsection (d)), the fol4 lowing:

5 (A) The funding baseline.

6 (B) The milestone schedule.

7 (C) The actions that have been taken to ensure

8 compliance with the requirements of this section and

9 the directive.

10 (3) The report for fiscal year 2000 shall include, in

11 addition to the information required by paragraph (2), an

12 explanation of the manner in which the responsible offi13 cials within the Department of Defense have addressed,

14 or intend to address, the following acquisition issues for

15 each major automated information system to be acquired

16 after that fiscal year:

17 (A) Requirements definition.

18 (B) Presentation of a business case analysis, in19 cluding an analysis of alternatives and a calculation

20 of return on investment.

21 (C) Performance measurement.

22 (D) Test and evaluation.

23 (E) Interoperability.

24 (F) Cost, schedule, and performance baselines.

25 (G) Information assurance.
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1 (H) Incremental fielding and implementation.

2 (I) Risk mitigation.

3 (J) The role of integrated product teams.

4 (K) Issues arising from implementation of the

5 Command, Control, Communications, Computers,

6 Intelligence, Surveillance, and Reconnaissance Plan

7 required by Department of Defense Directive 5000.1

8 and Chairman of the Joint Chiefs of Staff Instruc9 tion 3170.01.

10 (L) Oversight, including the Chief Information

11 Officer’s oversight of decision reviews.

12 (f) DEFINITIONS.—In this section:

13 (1) The term ‘‘Chief Information Officer’’

14 means the senior official of the Department of De15 fense designated by the Secretary of Defense pursu16 ant to section 3506 of title 44, United States Code.

17 (2) The term ‘‘information technology system’’

18 has the meaning given the term ‘‘information tech19 nology’’ in section 5002 of the Clinger-Cohen Act of

20 1996 (40 U.S.C. 1401).

21 (3) The term ‘‘major automated information

22 system’’ has the meaning given that term in Depart23 ment of Defense Directive 5000.1.
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1 SEC. 804. TRACKING OF INFORMATION TECHNOLOGY PUR2 CHASES.

3 (a) REQUIREMENT FOR TRACKING SYSTEM.—(1)

4 Chapter 131 of title 10, United States Code, is amended

5 by adding at the end the following:

6 ‘‘§2225 . Information technology purchases: auto7 mated tracking and management systems

8 ‘‘(a) REQUIREMENT FOR SYSTEMS.—(1) The Sec9 retary of each military department shall administer an

10 automated system for tracking and managing purchases

11 of information technology products and services by the de12 partment.

13 ‘‘(2) The Secretary of Defense shall administer an

14 automated system for tracking and managing purchases

15 of information technology products and services by the De16 fense Agencies.

17 ‘‘(b) PURCHASE TO WHICH APPLICABLE.—Each sys18 tem under subsection (a) shall, at a minimum, provide for

19 collection of data on all purchases of information tech20 nology products and services in excess of the simplified

21 acquisition threshold, regardless of whether such pur22 chases are made in the form of a contract, grant, coopera23 tive agreement, other transaction, task order, delivery

24 order, or military interdepartmental purchase request, or

25 in any other form.
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1 ‘‘(c) DATA TO BE INCLUDED.—The information col2 lected under each such system shall include, for each pur3 chase, the following:

4 ‘‘(1) The products or services purchased.

5 ‘‘(2) The categorization of the products or serv6 ices as commercial off-the-shelf products, other com7 mercial items, nondevelopmental items other than

8 commercial items, other noncommercial items, or

9 services.

10 ‘‘(3) The total dollar amount of the purchase.

11 ‘‘(4) The contract form used to make the pur12 chase.

13 ‘‘(5) In the case of a purchase made through

14 another agency—

15 ‘‘(A) the agency through which the pur16 chase is made; and

17 ‘‘(B) the reasons for making the purchase

18 through that agency.

19 ‘‘(6) The type of pricing used to make the pur20 chase (whether by fixed price or by another specified

21 type of pricing).

22 ‘‘(7) The extent of competition provided for in

23 making the purchase.

24 ‘‘(8) A statement regarding whether the pur25 chase was made from—
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1 ‘‘(A) a small business concern;

2 ‘‘(B) a small business concern owned and

3 controlled by socially and economically dis4 advantaged individuals; or

5 ‘‘(C) a small business concern owned and

6 controlled by women.

7 ‘‘(9) A statement regarding whether the pur8 chase was made in compliance with the planning re9 quirements provided under sections 5112, 5113,

10 5122, and 5123 of the Clinger-Cohen Act of 1996

11 (40 U.S.C. 1412, 1413, 1242, 1423).

12 ‘‘(10) In the case of frequently-purchased com13 mercial off-the-shelf items, data that informs man14 agers of the unit prices paid for the items and en15 ables the managers to ensure that such prices are

16 fair and reasonable.

17 ‘‘(d) LIMITATION ON PURCHASES.—No purchase of

18 information technology products or services in excess of

19 the simplified acquisition threshold shall be made for the

20 Department of Defense through a Federal Government

21 agency that is outside the Department of Defense

22 unless—

23 ‘‘(1) data on the purchase is included in a

24 tracking system that meets the requirements of sub25 sections (a), (b), and (c); or
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1 ‘‘(2) the purchase—

2 ‘‘(A) in the case of a purchase by a De3 fense Agency, is approved by the Under Sec4 retary of Defense for Acquisition, Technology,

5 and Logistics; or

6 ‘‘(B) in the case of a purchase by a mili7 tary department, is approved by the senior pro8 curement executive of the military department.

9 ‘‘(e) ANNUAL REPORT.—Not later than February 15

10 of each fiscal year, the Secretary of Defense shall submit

11 to the Committees on Armed Services of the Senate and

12 the House of Representatives a report on the purchases

13 of information technology products and services that were

14 made by the military departments and Defense Agencies

15 during the preceding fiscal year. The report shall set forth

16 an aggregation of the information collected in accordance

17 with subsection (c).

18 ‘‘(f) DEFINITIONS.—In this section:

19 ‘‘(1) The term ‘senior procurement executive’,

20 with respect to a military department, means the of21 ficial designated as the senior procurement executive

22 for the military department for the purposes of sec23 tion 16(3) of the Office of Federal Procurement Pol24 icy Act (41 U.S.C. 414(3)).
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1 ‘‘(2) The term ‘simplified acquisition threshold’

2 has the meaning given the term in section 4(11) of

3 the Office of Federal Procurement Policy Act (31

4 U.S.C. 403(11).

5 ‘‘(3) The term ‘small business concern’ means

6 a business concern that meets the applicable size

7 standards prescribed pursuant to section 3(a) of the

8 Small Business Act (15 U.S.C. 632(a)).

9 ‘‘(4) The term ‘small business concern owned

10 and controlled by socially and economically disadvan11 taged individuals’ has the meaning given that term

12 in section 8(d)(3)(C) of the Small Business Act (15

13 U.S.C. 637(d)(3)(C)).

14 ‘‘(5) The term ‘small business concern owned

15 and controlled by women’ has the meaning given

16 that term in section 8(d)(3)(D) of the Small Busi17 ness Act (15 U.S.C. 637(d)(3)(D)).’’.

18 (2) The table of sections at the beginning of such

19 chapter is amended by adding at the end the following:

‘‘2225. Information technology purchases: automated tracking and management

systems.’’.

20 (b) TIME FOR IMPLEMENTATION.—(1) Each official

21 required under section 2225 of title 10, United States

22 Code (as added by subsection (a)), to administer an auto23 mated system for tracking and managing purchases of in24 formation technology products and services shall develop
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1 and commence the use of the system not later than one

2 year after the date of the enactment of this Act.

3 (2) Subsection (d) of section 2225 of title 10, United

4 States Code (as so added), shall apply to purchases de5 scribed in that subsection for which solicitations of offers

6 are issued more than one year after the date of the enact7 ment of this Act.

8 (c) GAO REPORT.—Not later than 15 months after

9 the date of the enactment of this Act, the Comptroller

10 General shall submit to the congressional defense commit11 tees a report on the systems developed pursuant to section

12 2225 of title 10, United States Code (as added by sub13 section (a)). The report shall include the Comptroller Gen14 eral’s assessment of the extent to which the systems meet

15 the requirements of that section.

16 SEC. 805. REPEAL OF REQUIREMENT FOR CONTRACTOR AS17 SURANCES REGARDING THE COMPLETENESS,

18 ACCURACY, AND CONTRACTUAL SUFFI19 CIENCY OF TECHNICAL DATA PROVIDED BY

20 THE CONTRACTOR.

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

22 amended—

23 (1) by striking paragraph (7); and

24 (2) by redesignating paragraphs (8) and (9) as

25 paragraphs (7) and (8), respectively.
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1 SEC. 806. EXTENSION OF AUTHORITY FOR DEPARTMENT OF

2 DEFENSE ACQUISITION PILOT PROGRAMS.

3 Section 5064(d)(2) of the Federal Acquisition

4 Streamlining Act of 1994 (Public Law 103–355; 108 Stat.

5 3361; 10 U.S.C. 2430 note) is amended by striking ‘‘45

6 days after the date of the enactment of this Act and ends

7 on September 30, 1998’’ and inserting ‘‘on October 13,

8 1994, and ends on October 1, 2007’’.

9 SEC. 807. CLARIFICATION AND EXTENSION OF AUTHORITY

10 TO CARRY OUT CERTAIN PROTOTYPE

11 PROJECTS.

12 (a) AMENDMENTS TO AUTHORITY.—Section 845 of

13 the National Defense Authorization Act for Fiscal Year

14 1994 (10 U.S.C. 2371 note) is amended by—

15 (1) redesignating subsection (d) as subsection

16 (g); and

17 (2) inserting after subsection (c) the following:

18 ‘‘(d) APPROPRIATE USE OF AUTHORITY.—(1) The

19 Secretary of Defense shall ensure that no official of an

20 agency enters into an agreement for a prototype project

21 under the authority of this section unless—

22 ‘‘(A) at least 20 percent of the total cost of the

23 prototype project is to be paid out of funds provided

24 by parties to the agreement other than the Federal

25 Government (not including funds provided by such

26 parties in the form of independent research and de-
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1 velopment costs and other costs that are reimbursed

2 as indirect costs under Federal Government con3 tracts);

4 ‘‘(B) at least 40 percent of the total cost of the

5 prototype project is to be paid out of funds provided

6 by parties to the agreement other than the Federal

7 Government (including funds provided by such par8 ties in the form of independent research and devel9 opment costs and other costs that are reimbursed as

10 indirect costs under Federal Government contracts);

11 ‘‘(C) there is at least one nontraditional defense

12 contractor participating to a significant extent in the

13 prototype project; or

14 ‘‘(D) the senior procurement executive for the

15 agency (as designated for the purposes of section

16 16(3) of the Office of Federal Procurement Policy

17 Act (41 U.S.C. 414(3))) determines in writing that

18 extraordinary circumstances justify the use of the

19 authority of section 2371 of title 10, United States

20 Code, in accordance with the requirements of this

21 section, to enter into the particular agreement.

22 ‘‘(2)(A) Except as provided in subparagraph (B), the

23 amounts counted for the purposes of this subsection as

24 being provided or to be provided by a party other than

25 the Federal Government under an agreement for a proto-
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1 type project that is entered into under this section do not

2 include costs that were incurred before the date on which

3 the agreement becomes effective.

4 ‘‘(B) Costs that were incurred for a prototype project

5 by a party after the beginning of negotiations resulting

6 in an agreement for the project under this section may

7 be counted for the purposes of this subsection as being

8 provided or to be provided by the party under the agree9 ment if and to the extent that the contracting officer or

10 another official responsible for entering into the agree11 ment determines in writing that—

12 ‘‘(i) the party incurred the costs in anticipation

13 of entering into the agreement; and

14 ‘‘(ii) it was appropriate for the party to incur

15 the costs before the agreement became effective in

16 order to ensure the successful implementation of the

17 agreement.

18 ‘‘(e) PILOT PROGRAM FOR TRANSITION TO FOLLOW19 ON CONTRACTS.—(1) The Secretary of Defense is author20 ized to carry out a pilot program for follow-on contracting

21 for the production of items or processes that are developed

22 by nontraditional defense contractors under prototype

23 projects carried out under this section.

24 ‘‘(2) Under the pilot program—
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1 ‘‘(A) a qualifying contract for the procurement

2 of such an item or process, or a qualifying sub3 contract under a contract for the procurement of

4 such an item or process, may be treated as a con5 tract or subcontract, respectively, for the procure6 ment of commercial items, as defined in section

7 4(12) of the Office of Federal Procurement Policy

8 Act (41 U.S.C. 403(12)); and

9 ‘‘(B) the item or process may be treated as an

10 item or process, respectively, that is developed in

11 part with Federal funds and in part at private ex12 pense for the purposes of section 2320 of title 10,

13 United States Code.

14 ‘‘(3) For the purposes of the pilot program, a quali15 fying contract or subcontract is a contract or subcontract,

16 respectively, with a nontraditional defense contractor

17 that—

18 ‘‘(A) does not exceed $20,000,000; and

19 ‘‘(B) is either—

20 ‘‘(i) a firm, fixed-price contract or sub21 contract; or

22 ‘‘(ii) a fixed-price contract or subcontract

23 with economic price adjustment.

24 ‘‘(4) The authority to conduct a pilot program under

25 this subsection shall terminate on September 30, 2004.
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1 The termination of the authority shall not affect the valid2 ity of contracts or subcontracts that are awarded or modi3 fied during the period of the pilot program, without regard

4 to whether the contracts or subcontracts are performed

5 during the period.

6 ‘‘(f) NONTRADITIONAL DEFENSE CONTRACTOR DE7 FINED.—In this section, the term ‘nontraditional defense

8 contractor’ means an entity that has not, for a period of

9 at least three years, entered into—

10 ‘‘(1) any contract that is subject to the cost ac11 counting standards prescribed pursuant to section

12 26 of the Office of Federal Procurement Policy Act

13 (41 U.S.C. 422); or

14 ‘‘(2) any other contract or agreement to carry

15 out prototype projects or to perform basic, applied,

16 or advanced research projects for a Federal Govern17 ment agency, other than an agreement entered into

18 under the authority of this section or section 2371

19 of title 10, United States Code.’’.

20 (b) EXTENSION OF AUTHORITY.—Subsection (g) of

21 such section, as redesignated by subsection (a)(1), is

22 amended by striking ‘‘September 30, 2001’’ and inserting

23 ‘‘September 30, 2004’’.

24 (c) MORATORIUM.—Beginning on the date that is

25 120 days after the date of the enactment of this Act, no
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1 transaction may be entered into under the authority of

2 section 845 of the National Defense Authorization Act for

3 Fiscal Year 1994 or section 2371 of title 10, United

4 States Code, until the final regulations implementing such

5 section 2371 (required by subsection (g) of such section)

6 are published in the Federal Register.

7 SEC. 808. CLARIFICATION OF AUTHORITY OF COMP8 TROLLER GENERAL TO REVIEW RECORDS OF

9 PARTICIPANTS IN CERTAIN PROTOTYPE

10 PROJECTS.

11 (a) COMPTROLLER GENERAL REVIEW.—Section

12 845(c) of the National Defense Authorization Act for Fis13 cal Year 1994 (10 U.S.C. 2371 note) is amended—

14 (1) by redesignating paragraphs (3) and (4) as

15 paragraphs (4) and (5), respectively; and

16 (2) by inserting after paragraph (2) the fol17 lowing new paragraph (3):

18 ‘‘(3)(A) The right provided to the Comptroller Gen19 eral in a clause of an agreement under paragraph (1) is

20 limited as provided in subparagraph (B) in the case of

21 a party to the agreement, an entity that participates in

22 the performance of the agreement, or a subordinate ele23 ment of that party or entity if the only agreements or

24 other transactions that the party, entity, or subordinate

25 element entered into with Government entities in the year
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1 prior to the date of that agreement are cooperative agree2 ments or transactions that were entered into under this

3 section or section 2371 of title 10, United States Code.

4 ‘‘(B) The only records of a party, other entity, or sub5 ordinate element referred to in subparagraph (A) that the

6 Comptroller General may examine in the exercise of the

7 right referred to in that subparagraph are records of the

8 same type as the records that the Government has had

9 the right to examine under the audit access clauses of the

10 previous agreements or transactions referred to in such

11 subparagraph that were entered into by that particular

12 party, entity, or subordinate element.’’.

13 SEC. 809. ELIGIBILITY OF SMALL BUSINESS CONCERNS

14 OWNED AND CONTROLLED BY WOMEN FOR

15 ASSISTANCE UNDER THE MENTOR-PROTEGE

16 PROGRAM.

17 Section 831(m)(2) of the National Defense Author18 ization Act for Fiscal Year 1991 (Public Law 101–510;

19 10 U.S.C. 2302 note) is amended—

20 (1) by striking ‘‘or’’ at the end of subparagraph

21 (C);

22 (2) by striking the period at the end of sub23 paragraph (D) and inserting ‘‘; or’’; and

24 (3) by adding at the end the following:
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1 ‘‘(E) a small business concern owned and

2 controlled by women, as defined in section

3 8(d)(3)(D) of the Small Business Act (15

4 U.S.C. 637(d)(3)(D)).’’.

5 SEC. 810. NAVY-MARINE CORPS INTRANET ACQUISITION.

6 (a) LIMITATION.—The performance of a contract for

7 the acquisition of a Navy-Marine Corps Intranet may not

8 begin until the Secretary of the Navy submits a report

9 on that contract to Congress. A report under this section

10 shall contain the following information:

11 (1) An estimate of the amount to be expended

12 on the contract by each of the Navy and Marine

13 Corps for each fiscal year.

14 (2) The accounts from which the performance

15 of the contract will be funded through the end of fis16 cal year 2001.

17 (3) A plan for an incrementally phased imple18 mentation of the Navy-Marine Corps Intranet into

19 the operations of the shore-based activities of the

20 Navy and Marine Corps.

21 (4) The same information with regard to the

22 Navy-Marine Corps Intranet as is required to be in23 cluded in the report on major automated information

24 systems under paragraphs (2) and (3) of section

25 803(e).
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1 (5) With regard to each major command in2 cluded in the first year of the implementation of the

3 contract—

4 (A) an estimate of the number of civilian

5 personnel currently performing functions that

6 are potentially included in the scope of the con7 tract;

8 (B) the extent to which the contractor may

9 continue to rely upon that workforce to perform

10 functions after the award of the contract; and

11 (C) the plans of the Department of the

12 Navy for reassignment, reorganization, or other

13 disposition of any portion of the workforce that

14 does not continue to perform current functions.

15 (b) PROHIBITIONS.—(1) The increment of the Navy16 Marine Corps Intranet that is implemented during the

17 first year of implementation may not include any activities

18 of the Marine Corps, the naval shipyards, or the naval

19 aviation depots.

20 (2) Funds available for fiscal year 2001 for activities

21 referred to in paragraph (1) may not be expended for any

22 contract for the Navy-Marine Corps Intranet.

23 (c) APPLICABILITY OF STATUTORY AND REGU24 LATORY REQUIREMENTS.—The acquisition of a Navy-Ma-
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1 rine Corps Intranet shall be managed by the Department

2 of the Navy in accordance with the requirements of—

3 (1) the Clinger-Cohen Act of 1996, including

4 the requirement for utilizing modular contracting in

5 accordance with section 38 of the Office of Federal

6 Procurement Policy Act (41 U.S.C. 434); and

7 (2) Department of Defense Directives 5000.1

8 and 5000.2–R and all other directives, regulations,

9 and management controls that are applicable to

10 major investments in information technology and re11 lated services.

12 (d) COMPTROLLER GENERAL REVIEW.—(1) At the

13 same time that the Secretary of the Navy submits a report

14 on the Navy-Marine Corps Intranet to Congress under

15 subsection (a), the Secretary shall transmit a copy of the

16 report to the Comptroller General.

17 (2) Not later than 60 days after receiving a report

18 on the Navy-Marine Corps Intranet under paragraph (1),

19 the Comptroller General shall review the report and sub20 mit to Congress any comments that the Comptroller Gen21 eral considers appropriate regarding the report and the

22 Navy-Marine Corps Intranet.
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1 SEC. 811. QUALIFICATIONS REQUIRED FOR EMPLOYMENT

2 AND ASSIGNMENT IN CONTRACTING POSI3 TIONS.

4 (a) APPLICABILITY OF REQUIREMENTS TO MEMBERS

5 OF THE ARMED FORCES.—Section 1724 of title 10,

6 United States Code, is amended—

7 (1) in subsection (a), by striking ‘‘a person

8 must’’ in the matter preceding paragraph (1) and

9 inserting ‘‘an employee or member of the armed

10 forces must’’; and

11 (2) in subsection (d)—

12 (A) by striking ‘‘employee of’’ and insert13 ing ‘‘person in’’; and

14 (B) by striking ‘‘employee possesses’’ and

15 inserting ‘‘person possesses’’.

16 (b) MANDATORY ACADEMIC QUALIFICATIONS.—(1)

17 Subsection (a)(3) of such section is amended—

18 (A) by inserting ‘‘and’’ before ‘‘(B)’’; and

19 (B) by striking ‘‘, or (C)’’ and all that follows

20 through ‘‘listed in subparagraph (B)’’.

21 (2) Subsection (b) of such section is amended to read

22 as follows:

23 ‘‘(b) GS–1102 SERIES POSITIONS AND SIMILAR

24 MILITARY POSITIONS.—The Secretary of Defense shall re25 quire that a person meet the requirements set forth in

26 paragraph (3) of subsection (a), but not the other require-
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1 ments set forth in that subsection, in order to qualify to

2 serve in a position in the Department of Defense in—

3 ‘‘(1) the GS–1102 occupational series; or

4 ‘‘(2) a similar occupational specialty when the

5 position is to be filled by a member of the armed

6 forces.’’.

7 (c) EXCEPTION.—Subsection (c) of such section is

8 amended to read as follows:

9 ‘‘(c) EXCEPTION.—The requirements imposed under

10 subsection (a) or (b) shall not apply to a person for the

11 purpose of qualifying to serve in a position in which the

12 person is serving on September 30, 2000.’’.

13 (d) DELETION OF UNNECESSARY CROSS REF14 ERENCES.—Subsection (a) of such section is amended by

15 striking ‘‘(except as provided in subsections (c) and (d))’’

16 in the matter preceding paragraph (1).

17 (e) EFFECTIVE DATE.—This section, and the amend18 ments made by this section, shall take effect on October

19 1, 2000, and shall apply to appointments and assignments

20 made on or after that date.

21 SEC. 812. DEFENSE ACQUISITION AND SUPPORT WORK22 FORCE.

23 (a) REQUIREMENT FOR REPORT.—Not later than

24 March 15, 2001, the Secretary of Defense shall submit

25 to Congress a report on the sufficiency of the acquisition
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1 and support workforce of the Department of Defense. The

2 report shall include a plan to ensure that the defense ac3 quisition and support workforce is of sufficient size and

4 has the expertise necessary to ensure the cost-effective

5 management of the defense acquisition system to obtain

6 needed products and services at the best value.

7 (b) CONTENT OF REPORT.—(1) The Secretary’s re8 port on the defense acquisition and support workforce

9 under subsection (a) shall include, at a minimum, the fol10 lowing:

11 (A) A comprehensive reassessment of any pro12 grammed reductions in the workforce and the impact

13 that such reductions are likely to have on the ability

14 of the workforce to meet the anticipated workload

15 and responsibilities of the acquisition workforce.

16 (B) An assessment of the changing demo17 graphics of the workforce, including the impact of

18 anticipated retirements among the most experienced

19 acquisition personnel over the next five years, and

20 management steps that may be needed to address

21 these changes.

22 (C) A plan to address problems arising from

23 previous reductions in the workforce, including—

24 (i) increased backlogs in closing out com25 pleted contracts;
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1 (ii) increased program costs resulting from

2 contracting for technical support rather than

3 using Federal employees to provide the tech4 nical support;

5 (iii) insufficient staff to negotiate fair and

6 reasonable pricing, to review and respond to

7 contractor actions, to perform oversight and in8 spections, and otherwise to manage contract re9 quirements;

10 (iv) failures to comply with competition re11 quirements, to perform independent cost esti12 mates, to complete technical reviews, to meet

13 contractor surveillance requirements, and to

14 perform necessary cost control functions; and

15 (v) lost opportunities to negotiate strategic

16 supplier alliances, to improve parts control and

17 management, to conduct modeling and simula18 tion projects, and to develop other cost savings

19 initiatives.

20 (D) The actions that are being taken or could

21 be taken within the Department of Defense to en22 hance the tenure and reduce the turnover of pro23 gram executive officers, program managers, and con24 tracting officers.
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1 (E) An evaluation of the acquisition workforce

2 demonstration project conducted under section 4308

3 of the National Defense Authorization Act for Fiscal

4 Year 1996 (Public Law 104–106; 10 U.S.C. 1701

5 note) together with any recommendations for im6 proving personnel management laws, policies, or pro7 cedures with respect to the defense acquisition and

8 support workforce.

9 (2) The plan contained in the report shall include

10 specific milestones for workforce size, composition, and

11 qualifications (including plans for needed recruiting, re12 tention, and training) to address any problems identified

13 in the report and to ensure the achievement of the objec14 tives of the plan that are set forth in subsection (a).

15 (c) EXTENSION OF DEMONSTRATION PROJECT.—

16 Section 4308(b)(3)(B) of the National Defense Authoriza17 tion Act for Fiscal Year 1996 (10 U.S.C. 1701 note) is

18 amended by striking ‘‘3-year period beginning on the date

19 of the enactment of the National Defense Authorization

20 Act for Fiscal Year 1998’’ and inserting ‘‘period beginning

21 on November 18, 1997, and ending on November 17,

22 2003’’.

23 (d) MORATORIUM ON REDUCTION OF DEFENSE AC24 QUISITION WORKFORCE.—(1) Notwithstanding any other

25 provision of law, the defense acquisition and support work-
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1 force may not be reduced, during fiscal years 2001, 2002,

2 and 2003, below the level of that workforce as of Sep3 tember 30, 2000, determined on the basis of full-time

4 equivalent positions.

5 (2) The Secretary of Defense may waive the prohibi6 tion in paragraph (1) and reduce the level of the defense

7 acquisition and support workforce upon submitting to

8 Congress the Secretary’s certification that the defense ac9 quisition and support workforce, at the level to which re10 duced, will be able efficiently and effectively to perform

11 the workloads that are required of that workforce con12 sistent with the cost-effective management of the defense

13 acquisition system to obtain best value equipment and

14 with ensuring military readiness.

15 (e) DEFENSE ACQUISITION AND SUPPORT WORK16 FORCE DEFINED.—In this section, the term ‘‘defense ac17 quisition and support workforce’’ means Armed Forces

18 and civilian personnel who are assigned to, or are em19 ployed in, an organization of the Department of Defense

20 that is—

21 (1) an acquisition organization specified in De22 partment of Defense Instruction 5000.58, dated

23 January 14, 1992; or
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1 (2) an organization not so specified that has ac2 quisition as its predominant mission, as determined

3 by the Secretary of Defense.

4 SEC. 813. FINANCIAL ANALYSIS OF USE OF DUAL RATES

5 FOR QUANTIFYING OVERHEAD COSTS AT

6 ARMY INDUSTRIAL FACILITIES.

7 (a) REQUIREMENT FOR ANALYSIS.—The Secretary of

8 the Army shall carry out a financial analysis of the costs

9 that would be incurred and the benefits that would be de10 rived from the implementation of a policy to use—

11 (1) one set of rates for quantifying the over12 head costs associated with government-owned indus13 trial facilities of the Department of the Army when

14 allocating those costs to contractors operating the

15 facilities; and

16 (2) another set of rates for quantifying the

17 overhead costs to be allocated to the operation of

18 such facilities by employees of the United States.

19 (b) REPORT.—Not later than February 15, 2001, the

20 Secretary shall submit to the congressional defense com21 mittees a report on the results of the analysis carried out

22 under subsection (a). The report shall include the fol23 lowing:

24 (1) The costs and benefits identified in the

25 analysis under subsection (a).
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1 (2) The risks to the United States of imple2 menting a dual rates policy described in subsection

3 (a).

4 (3) The effects that a use of dual rates under

5 such a policy would have on the defense industrial

6 base of the United States.

7 TITLE IX—DEPARTMENT OF DE8 FENSE ORGANIZATION AND

9 MANAGEMENT

10 SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT

11 OF DEFENSE HEADQUARTERS ACTIVITIES

12 PERSONNEL.

13 (a) REPEAL OF LIMITATION.—(1) Section 130a of

14 title 10, United States Code, is repealed.

15 (2) The table of sections at the beginning of chapter

16 3 of such title is amended by striking the item relating

17 to section 130a.

18 (b) REPEAL OF ASSOCIATED REPORTING REQUIRE19 MENT.—Section 921(b) of the National Defense Author20 ization Act for Fiscal Year 2000 (Public Law 106–65; 113

21 Stat. 723) is repealed.
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1 SEC. 902. OVERALL SUPERVISION OF DEPARTMENT OF DE2 FENSE ACTIVITIES FOR COMBATING TER3 RORISM.

4 Section 138(b)(4) of title 10, United States Code, is

5 amended to read as follows:

6 ‘‘(4)(A) One of the Assistant Secretaries shall be the

7 Assistant Secretary of Defense for Special Operations and

8 Low Intensity Conflict.

9 ‘‘(B) The Assistant Secretary shall have the following

10 duties:

11 ‘‘(i) As the principal duty, to provide overall su12 pervision (including oversight of policy and re13 sources) of special operations activities (as defined

14 in section 167(j) of this title) and low intensity con15 flict activities of the Department of Defense.

16 ‘‘(ii) To provide overall direction and super17 vision for policy, program planning and execution,

18 and allocation and use of resources for the activities

19 of the Department of Defense for combating ter20 rorism, including antiterrorism activities,

21 counterterrorism activities, terrorism consequences

22 management activities, and terrorism-related intel23 ligence support activities.

24 ‘‘(C) The Assistant Secretary is the principal civilian

25 adviser to the Secretary of Defense on, and is the principal

26 official within the senior management of the Department
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1 of Defense (after the Secretary and Deputy Secretary) re2 sponsible for, the following matters:

3 ‘‘(i) Special operations and low intensity con4 flict.

5 ‘‘(ii) Combating terrorism.’’.

6 SEC. 903. NATIONAL DEFENSE PANEL 2001.

7 (a) ESTABLISHMENT.—Not later than March 1,

8 2001, the Secretary of Defense shall establish a non9 partisan, independent panel to be known as the National

10 Defense Panel 2001. The Panel shall have the duties set

11 forth in this section.

12 (b) MEMBERSHIP AND CHAIRMAN.—(1) The Panel

13 shall be composed of nine members appointed from among

14 persons in the private sector who are recognized experts

15 in matters relating to the national security of the United

16 States, as follows:

17 (A) Three members appointed by the Secretary

18 of Defense.

19 (B) Three members appointed by the Chairman

20 of the Committee on Armed Services of the Senate,

21 in consultation with the ranking member of the com22 mittee.

23 (C) Three members appointed by the Chairman

24 of the Committee on Armed Services of the House
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1 of Representatives, in consultation with the ranking

2 member of the committee.

3 (2) The Secretary of Defense, in consultation with

4 the chairmen and ranking members of the Committees on

5 Armed Services of the Senate and the House of Represent6 atives, shall designate one of the members to serve as the

7 chairman of the Panel.

8 (c) DUTIES.—(1) The Panel shall—

9 (A) assess the matters referred to in paragraph

10 (2);

11 (B) assess the current and projected strategic

12 environment, together with the progress made by the

13 Armed Forces in transforming to meet that environ14 ment;

15 (C) identify the most dangerous threats to the

16 national security interests of the United States that

17 are to be countered by the United States in the en18 suing 10 years and those that are to be encountered

19 in the ensuing 20 years;

20 (D) identify the strategic and operational chal21 lenges for the Armed Forces to address in order to

22 prepare to counter the threats identified under sub23 paragraph (C);

24 (E) develop—
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1 (i) a recommendation on the priority that

2 should be accorded to each of the strategic and

3 operational challenges identified under subpara4 graph (D); and

5 (ii) a recommendation on the priority that

6 should be accorded to the development of each

7 joint capability needed to meet each such chal8 lenge; and

9 (F) identify the issues that the Panel rec10 ommends for assessment during the next quadren11 nial review to be conducted under section 118 of

12 title 10, United States Code.

13 (2) The matters to be assessed under paragraph

14 (1)(A) are the defense strategy, force structure, force

15 modernization plans, infrastructure, budget plan, and

16 other elements of the defense program and policies estab17 lished since the quadrennial defense review conducted in

18 1996.

19 (3) The Panel shall conduct the assessments under

20 paragraph (1) with a view toward recommending—

21 (A) the most critical changes that should be

22 made to the defense strategy of the United States

23 for the ensuing 10 years and the most critical

24 changes that should be made to the defense strategy

25 of the United States for the ensuing 20 years; and
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1 (B) any changes considered appropriate by the

2 Panel regarding the major weapon systems pro3 grammed for the force, including any alternatives to

4 those weapon systems.

5 (d) REPORT.—(1) The Panel shall submit to the Sec6 retary of Defense and to the Committees on Armed Serv7 ices of the Senate and the House of Representatives two

8 reports on the assessment, including a discussion of the

9 Panel’s activities, the findings and recommendations of

10 the Panel, and any recommendations for legislation that

11 the Panel considers appropriate, as follows:

12 (A) An interim report not later than July 1,

13 2001.

14 (B) A final report not later than December 1,

15 2001.

16 (2) Not later than December 15, 2001, the Secretary

17 shall transmit to the committees referred to in paragraph

18 (1) the Secretary’s comments on the final report sub19 mitted to the committees under subparagraph (B) of that

20 paragraph.

21 (e) INFORMATION FROM FEDERAL AGENCIES.—The

22 Panel may secure directly from the Department of De23 fense and any of its components and from any other de24 partment and agency of the United States such informa25 tion as the Panel considers necessary to carry out its du-
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1 ties under this section. The head of the department or

2 agency concerned shall ensure that information requested

3 by the Panel under this subsection is promptly provided.

4 (f) PERSONNEL MATTERS.—(1) Each member of the

5 Panel shall be compensated at a rate equal to the daily

6 equivalent of the annual rate of basic pay prescribed for

7 level IV of the Executive Schedule under section 5315 of

8 title 5, United States Code, for each day (including travel

9 time) during which the member is engaged in the perform10 ance of the duties of the Panel.

11 (2) The members of the Panel shall be allowed travel

12 expenses, including per diem in lieu of subsistence, at

13 rates authorized for employees of agencies under sub14 chapter I of chapter 57 of title 5, United States Code,

15 while away from their homes or regular places of business

16 in the performance of services for the Panel.

17 (3)(A) The chairman of the Panel may, without re18 gard to the civil service laws and regulations, appoint and

19 terminate an executive director and a staff if the Panel

20 determines that an executive director and staff are nec21 essary in order for the Panel to perform its duties effec22 tively. The employment of an executive director shall be

23 subject to confirmation by the Panel.

24 (B) The chairman may fix the compensation of the

25 executive director without regard to the provisions of
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1 chapter 51 and subchapter III of chapter 53 of title 5,

2 United States Code, relating to classification of positions

3 and General Schedule pay rates, except that the rate of

4 pay for the executive director may not exceed the rate pay5 able for level V of the Executive Schedule under section

6 5316 of such title.

7 (4) Any employee of the United States may be de8 tailed to the Panel without reimbursement of the employ9 ee’s agency, and such detail shall be without interruption

10 or loss of civil service status or privilege. The Secretary

11 shall ensure that sufficient personnel are detailed to the

12 Panel to enable the Panel to carry out its duties effec13 tively.

14 (5) To the maximum extent practicable, the members

15 and employees of the Panel shall travel on military air16 craft, military ships, military vehicles, or other military

17 conveyances when travel is necessary in the performance

18 of a duty of the Panel, except that no such aircraft, ship,

19 vehicle, or other conveyance may be scheduled primarily

20 for the transportation of any such member or employee

21 when the cost of commercial transportation is less expen22 sive.

23 (g) ADMINISTRATIVE PROVISIONS.—(1) The Panel

24 may use the United States mails and obtain printing and

25 binding services in the same manner and under the same
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1 conditions as other departments and agencies of the Fed2 eral Government.

3 (2) The Secretary shall furnish the Panel any admin4 istrative and support services requested by the Panel.

5 (3) The Panel may accept, use, and dispose of gifts

6 or donations of services or property.

7 (h) PAYMENT OF PANEL EXPENSES.—The com8 pensation, travel expenses, and per diem allowances of

9 members and employees of the Panel shall be paid out of

10 funds available to the Department of Defense for the pay11 ment of compensation, travel allowances, and per diem al12 lowances, respectively, of civilian employees of the Depart13 ment. The other expenses of the Panel shall be paid out

14 of funds available to the Department for the payment of

15 similar expenses incurred by the Department.

16 (i) TERMINATION.—The Panel shall terminate at the

17 end of the year following the year in which the Panel sub18 mits its final report under subsection (d)(1)(B). For the

19 period that begins 90 days after the date of submittal of

20 the report, the activities and staff of the panel shall be

21 reduced to a level that the Secretary of Defense considers

22 sufficient to continue the availability of the panel for con23 sultation with the Secretary of Defense and with the Com24 mittees on Armed Services of the Senate and the House

25 of Representatives.
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1 SEC. 904. QUADRENNIAL NATIONAL DEFENSE PANEL.

2 (a) NATIONAL DEFENSE PANEL.—(1) Chapter 7 of

3 title 10, United States Code, is amended by adding at the

4 end the following:

5 ‘‘§ 184. National Defense Panel

6 ‘‘(a) ESTABLISHMENT.—Not later than January 1 of

7 each year immediately preceding a year in which a Presi8 dent is to be inaugurated, the Secretary of Defense shall

9 establish a nonpartisan, independent panel to be known

10 as the National Defense Panel. The Panel shall have the

11 duties set forth in this section.

12 ‘‘(b) MEMBERSHIP AND CHAIRMAN.—(1) The Panel

13 shall be composed of nine members appointed from among

14 persons in the private sector who are recognized experts

15 in matters relating to the national security of the United

16 States, as follows:

17 ‘‘(A) Three members appointed by the Sec18 retary of Defense.

19 ‘‘(B) Three members appointed by the Chair20 man of the Committee on Armed Services of the

21 Senate, in consultation with the ranking member of

22 the committee.

23 ‘‘(C) Three members appointed by the Chair24 man of the Committee on Armed Services of the

25 House of Representatives, in consultation with the

26 ranking member of the committee.
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1 ‘‘(2) The Secretary of Defense, in consultation with

2 the chairmen and ranking members of the Committees on

3 Armed Services of the Senate and the House of Represent4 atives, shall designate one of the members to serve as the

5 chairman of the Panel

6 ‘‘(c) DUTIES.—(1) The Panel shall—

7 ‘‘(A) assess the matters referred to in para8 graph (2);

9 ‘‘(B) assess the current and projected strategic

10 environment, together with the progress made by the

11 armed forces in transforming to meet the environ12 ment;

13 ‘‘(C) identify the most dangerous threats to the

14 national security interests of the United States that

15 are to be countered by the United States in the en16 suing 10 years and those that are to be encountered

17 in the ensuing 20 years;

18 ‘‘(D) identify the strategic and operational chal19 lenges for the armed forces to address in order to

20 prepare to counter the threats identified under sub21 paragraph (C);

22 ‘‘(E) develop—

23 ‘‘(i) a recommendation on the priority that

24 should be accorded to each of the strategic and
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1 operational challenges identified under subpara2 graph (D); and

3 ‘‘(ii) a recommendation on the priority that

4 should be accorded to the development of each

5 joint capability needed to meet each such chal6 lenge; and

7 ‘‘(F) identify the issues that the Panel rec8 ommends for assessment during the next quadren9 nial review to be conducted under section 118 of this

10 title.

11 ‘‘(2) The matters to be assessed under paragraph

12 (1)(A) are the defense strategy, force structure, force

13 modernization plans, infrastructure, budget plan, and

14 other elements of the defense program and policies estab15 lished since the previous quadrennial defense review under

16 section 118 of this title.

17 ‘‘(3) The Panel shall conduct the assessments under

18 paragraph (1) with a view toward recommending—

19 ‘‘(A) the most critical changes that should be

20 made to the defense strategy of the United States

21 for the ensuing 10 years and the most critical

22 changes that should be made to the defense strategy

23 of the United States for the ensuing 20 years; and

24 ‘‘(B) any changes considered appropriate by the

25 Panel regarding the major weapon systems pro-
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1 grammed for the force, including any alternatives to

2 those weapon systems.

3 ‘‘(d) REPORT.—(1) The Panel, in the year that it is

4 conducting an assessment under subsection (c), shall sub5 mit to the Secretary of Defense and to the Committees

6 on Armed Services of the Senate and the House of Rep7 resentatives two reports on the assessment, including a

8 discussion of the Panel’s activities, the findings and rec9 ommendations of the Panel, and any recommendations for

10 legislation that the Panel considers appropriate, as fol11 lows:

12 ‘‘(A) An interim report not later than July 1 of

13 the year.

14 ‘‘(B) A final report not later than December 1

15 of the year.

16 ‘‘(2) Not later than December 15 of the year in which

17 the Secretary receives a final report under paragraph

18 (1)(B), the Secretary shall submit to the committees re19 ferred to in paragraph (1) the Secretary’s comments on

20 that report.

21 ‘‘(e) INFORMATION FROM FEDERAL AGENCIES.—

22 The Panel may secure directly from the Department of

23 Defense and any of its components and from any other

24 department or agency of the United States any informa25 tion that the Panel considers necessary to carry out its
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1 duties under this section. The head of that department

2 or agency shall ensure that information requested by the

3 Panel under this subsection is promptly provided.

4 ‘‘(f) PERSONNEL MATTERS.—(1) Each member of

5 the Panel shall be compensated at a rate equal to the daily

6 equivalent of the annual rate of basic pay prescribed for

7 level IV of the Executive Schedule under section 5315 of

8 title 5 for each day (including travel time) during which

9 the member is engaged in the performance of the duties

10 of the Panel.

11 ‘‘(2) The members of the Panel shall be allowed travel

12 expenses, including per diem in lieu of subsistence, at

13 rates authorized for employees of agencies under sub14 chapter I of chapter 57 of title 5 while away from their

15 homes or regular places of business in the performance

16 of services for the Panel.

17 ‘‘(3)(A) The chairman of the Panel may, without re18 gard to the civil service laws and regulations, appoint and

19 terminate an executive director and a staff if the Panel

20 determines that an executive director and staff are nec21 essary in order for the Panel to perform its duties effec22 tively. The employment of an executive director shall be

23 subject to confirmation by the Panel.

24 ‘‘(B) The chairman may fix the compensation of the

25 executive director without regard to the provisions of
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1 chapter 51 and subchapter III of chapter 53 of title 5 re2 lating to classification of positions and General Schedule

3 pay rates, except that the rate of pay for the executive

4 director may not exceed the rate payable for level V of

5 the Executive Schedule under section 5316 of such title.

6 ‘‘(4) Any Federal Government employee may be de7 tailed to the Panel without reimbursement of the employ8 ee’s agency, and such detail shall be without interruption

9 or loss of civil service status or privilege. The Secretary

10 shall ensure that sufficient personnel are detailed to the

11 Panel to enable the Panel to carry out its duties effec12 tively.

13 ‘‘(5) To the maximum extent practicable, the mem14 bers and employees of the Panel shall travel on military

15 aircraft, military ships, military vehicles, or other military

16 conveyances when travel is necessary in the performance

17 of a duty of the Panel, except that no such aircraft, ship,

18 vehicle, or other conveyance may be scheduled primarily

19 for the transportation of any such member or employee

20 when the cost of commercial transportation is less expen21 sive.

22 ‘‘(g) ADMINISTRATIVE PROVISIONS.—(1) The Panel

23 may use the United States mails and obtain printing and

24 binding services in the same manner and under the same
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1 conditions as other departments and agencies of the Fed2 eral Government.

3 ‘‘(2) The Secretary shall furnish the Panel any ad4 ministrative and support services requested by the Panel.

5 ‘‘(3) The Panel may accept, use, and dispose of gifts

6 or donations of services or property.

7 ‘‘(h) PAYMENT OF PANEL EXPENSES.—The com8 pensation, travel expenses, and per diem allowances of

9 members and employees of the Panel shall be paid out of

10 funds available to the Department of Defense for the pay11 ment of compensation, travel allowances, and per diem al12 lowances, respectively, of civilian employees of the Depart13 ment. The other expenses of the Panel shall be paid out

14 of funds available to the Department for the payment of

15 similar expenses incurred by the Department.

16 ‘‘(i) TERMINATION.—The Panel shall terminate at

17 the end of the year following the year in which the Panel

18 submits its final report under subsection (d)(1)(B). For

19 the period that begins 90 days after the date of submittal

20 of the report, the activities and staff of the panel shall

21 be reduced to a level that the Secretary of Defense con22 siders sufficient to continue the availability of the Panel

23 for consultation with the Secretary of Defense and with

24 the Committees on Armed Services of the Senate and the

25 House of Representatives.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end the following:

‘‘184. National Defense Panel.’’.

3 (b) FIRST PANEL TO BE ESTABLISHED IN 2004.—

4 The first National Defense Panel under section 184 of

5 title 10, United States Code (as added by subsection (a)),

6 shall be established in 2004.

7 SEC. 905. INSPECTOR GENERAL INVESTIGATIONS OF PRO8 HIBITED PERSONNEL ACTIONS.

9 (a) STANDARDS AND PROCEDURES FOR PRELIMI10 NARY DETERMINATIONS.—Subsection (c)(3)(A) of section

11 1034 of title 10, United States Code, is amended by in12 serting ‘‘, in accordance with regulations prescribed under

13 subsection (h),’’ after ‘‘shall expeditiously determine’’.

14 (b) DEFINITION OF INSPECTOR GENERAL.—Sub15 section (i)(2) of such section is amended by adding at the

16 end the following:

17 ‘‘(H) An officer of the armed forces or em18 ployee of the Department of Defense, not re19 ferred to in any other subparagraph of this

20 paragraph, who is assigned or detailed to serve

21 as an Inspector General at any level in the De22 partment of Defense.’’.

23 SEC. 906. NETWORK CENTRIC WARFARE.

24 (a) GOAL.—It shall be a goal of the Department of

25 Defense to fully coordinate the network centric warfare
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1 efforts being pursued by the Joint Chiefs of Staff, the De2 fense Agencies, and the military departments so that (1)

3 the concepts, procedures, training, and technology devel4 opment resulting from those efforts lead to an integrated

5 information network, and (2) a coherent concept for ena6 bling information dominance in joint military operations

7 can be formulated.

8 (b) REPORT ON IMPLEMENTATION OF NETWORK

9 CENTRIC WARFARE PRINCIPLES.—(1) The Secretary of

10 Defense, in consultation with the Chairman of the Joint

11 Chiefs of Staff, shall submit to the congressional defense

12 committees a report on the development and implementa13 tion of network centric warfare concepts in the Depart14 ment of Defense.

15 (2) The report shall contain the following:

16 (A) A clear definition and terminology to de17 scribe the set of operational concepts referred to as

18 network centric warfare.

19 (B) An identification and description of cur20 rent, planned, and needed activities by the Office of

21 the Secretary of Defense, the Joint Chiefs of Staff,

22 and the United States Joint Forces Command to co23 ordinate the development of doctrine and the defini24 tion of requirements and to ensure that those activi25 ties are consistent with the concepts of network cen-
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1 tric warfare and information superiority that are ar2 ticulated in Joint Vision 2010 issued by the Joint

3 Chiefs of Staff.

4 (C) Recommended metrics, and a process for

5 applying and reporting such metrics, to assist the

6 Secretary of Defense and the Chairman of the Joint

7 Chiefs of Staff in the evaluation of the progress

8 being made toward—

9 (i) the implementation of the concepts of

10 network centric warfare and information superi11 ority that are articulated in Joint Vision 2010;

12 and

13 (ii) the attainment of a fully integrated,

14 joint command, control, communications, com15 puters, intelligence, surveillance, and reconnais16 sance capability.

17 (D) A recommended joint concept development

18 and experimentation campaign for enabling the co19 evolution of doctrine, organization, training, mate20 riel, leadership, people, and facilities that are perti21 nent to achieving advances in command and control

22 consistent with the concepts of network centric war23 fare and information superiority articulated in those

24 vision statements.
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1 (E) A description of the programs and initia2 tives underway, together with a discussion of the

3 progress made (as determined using metrics rec4 ommended under subparagraph (C)) toward—

5 (i) establishing a foundation for net6 working the sensors, combat personnel and

7 weapon systems, and decisionmaking nodes to

8 ensure that there is seamless communication

9 within each of the Armed Forces and across the

10 Armed Forces;

11 (ii) achieving, within and between the

12 Armed Forces, full situational awareness of the

13 dispositions of friendly forces so that joint task

14 forces can operate effectively on fast-changing

15 battlefields with substantially reduced risk of

16 fratricide and less restrictive control measures;

17 and

18 (iii) ensuring a seamless delivery of fire on

19 targets by the Armed Forces and allied forces,

20 with particular attention being given in that

21 discussion to how networking of surface and

22 aerial fire delivery and aerial transport assets

23 can be exploited to manage theater airspace so

24 as to minimize the coordination steps necessary
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1 for obtaining fire clearance or aerial transit

2 clearance.

3 (F) An identification of the additional powers

4 that must be provided the officials making joint pol5 icy for the Armed Forces in order to ensure that

6 those officials have sufficient authority quickly to de7 velop and implement means for supporting network

8 centric warfare, including such means as interoper9 able intranets of the Armed Forces and joint and al10 lied interoperability standards for the joint operating

11 environment.

12 (G) The areas of joint authority that require

13 greater emphasis or resource allocation.

14 (H) The specific organizational entities that can

15 provide coordination for the development of network

16 centric warfare systems and doctrine.

17 (I) The joint requirements under development

18 that will lead to the acquisition of technologies for

19 enabling the implementation and support of network

20 centric warfare, together with—

21 (i) a description of how the joint require22 ments are modifying existing requirements and

23 vision statements of each of the Armed Forces

24 to better reflect the joint nature of network cen25 tric warfare;
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1 (ii) a description of how the vision state2 ments are being expanded to reflect the role of

3 network centric warfare concepts in future coa4 lition operations and operations other than war;

5 and

6 (iii) an evaluation of whether there is a

7 need to modify the milestone decision processes

8 for all acquisition programs that directly affect

9 joint task force interoperability and interoper10 ability between the Armed Forces.

11 (J) A discussion of how the efforts within the

12 Department of Defense to implement information

13 superiority concepts described in Joint Vision 2010

14 are informed by private sector investments, and suc15 cesses and failures, in implementing networking

16 technologies that enhance distribution, inventory

17 control, maintenance management, personnel man18 agement, knowledge management, technology devel19 opment, and other relevant business areas.

20 (K) A discussion of how Department of Defense

21 activities to establish a joint network centric

22 capability—

23 (i) are coordinated with the Intelligence

24 Community, the Department of Commerce, the

25 Department of Justice, the Federal Emergency
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1 Management Agency, and other departments

2 and agencies of the United States; and

3 (ii) are carried out in accordance with

4 Presidential Decision Directive 63 and the Na5 tional Plan for Information Systems Protection.

6 (c) STUDY ON USE OF JOINT EXPERIMENTATION

7 FOR DEVELOPING NETWORK CENTRIC WARFARE CON8 CEPTS.—(1) The Secretary of Defense shall conduct a

9 study on the present and future use of the joint experi10 mentation program of the Department of Defense in the

11 development of network centric warfare concepts.

12 (2) The Secretary shall submit to the congressional

13 defense committees a report on the results of the study.

14 The report shall include the following:

15 (A) A survey and description of how experimen16 tation under the joint experimentation program and

17 experimentation under the experimentation program

18 of each of the Armed Forces are being used for eval19 uating emerging concepts in network centric war20 fare.

21 (B) Recommended means and mechanisms for

22 using the results of the joint experimentation for de23 veloping new joint requirements, new joint doctrine,

24 and new acquisition programs of the military depart25 ments and Defense Agencies with a view to achiev-
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1 ing the objective of supporting network centric oper2 ations.

3 (C) Recommendations on future joint experi4 mentation to validate and accelerate the use of net5 work centric warfare concepts in operations involving

6 coalition forces.

7 (D) Recommendations on how joint experimen8 tation can be used to identify impediments to—

9 (i) the development of a joint information

10 network; and

11 (ii) the seamless coordination of the

12 intranet systems of each of the Armed Forces

13 in operational environments.

14 (E) Recommendations on how joint experimen15 tation can be used to develop concepts in revolu16 tionary force redesign to leverage new operational

17 concepts in network centric warfare.

18 (F) The levels of appropriations necessary for

19 joint experimentation on network-related concepts.

20 (3) The Secretary of Defense, acting through the

21 Chairman of the Joint Chiefs of Staff, shall designate the

22 Commander in Chief of the United States Joint Forces

23 Command to carry out the study and to prepare the report

24 required under this subsection.
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1 (d) REPORT ON SCIENCE AND TECHNOLOGY PRO2 GRAMS TO SUPPORT NETWORK CENTRIC WARFARE CON3 CEPTS.—(1) The Under Secretary of Defense for Acquisi4 tion, Technology, and Logistics shall submit to the con5 gressional defense committees a report describing the co6 ordination of the science and technology investments of

7 the military departments and Defense Agencies in the de8 velopment of future joint network centric warfare capabili9 ties. The Under Secretary shall consult with the Chairman

10 of the Joint Chiefs of Staff in the preparation of the re11 port.

12 (2) The report shall include the following:

13 (A) A discussion of the science and technology

14 investments in the following areas:

15 (i) Sensors, including ground-based, air16 based, sea-based, and space-based inhabited

17 and uninhabited systems.

18 (ii) Seamless communications and net19 working protocols and technologies.

20 (iii) Modeling and simulation of tech21 nologies and operational concepts.

22 (iv) Secure and reliable information net23 works and databases.

24 (v) Computing and software technology.

25 (vi) Robust human-machine interfaces.
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1 (vii) Novel training concepts for supporting

2 network centric operations.

3 (B) For the areas listed in subparagraph (A)—

4 (i) a rationalization of the rapid pace of

5 technological change and the influence of global

6 developments in commercial technology; and

7 (ii) an explanation of how that rationaliza8 tion is informing and modifying science and

9 technology investments made by the Depart10 ment of Defense.

11 (e) TIME FOR SUBMISSION OF REPORTS.—Each re12 port required under this section shall be submitted not

13 later than March 1, 2001.

14 SEC. 907. ADDITIONAL DUTIES FOR THE COMMISSION TO

15 ASSESS UNITED STATES NATIONAL SECURITY

16 SPACE MANAGEMENT AND ORGANIZATION.

17 Section 1622(a) of the National Defense Authoriza18 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

19 Stat. 814; 10 U.S.C. 111 note) is amended by adding at

20 the end the following:

21 ‘‘(6) The advisability of—

22 ‘‘(A) various actions to eliminate the re23 quirement for specified officers in the United

24 States Space Command to be flight rated that

25 results from the dual assignment of such offi-
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1 cers to that command and to one or more other

2 commands for which the officers are expressly

3 required to be flight rated;

4 ‘‘(B) the establishment of a requirement

5 that all new general or flag officers of the

6 United States Space Command have experience

7 in space, missile, or information operations that

8 is either acquisition experience or operational

9 experience; and

10 ‘‘(C) rotating the command of the United

11 States Space Command among the Armed

12 Forces.’’.

13 SEC. 908. SPECIAL AUTHORITY FOR ADMINISTRATION OF

14 NAVY FISHER HOUSES.

15 (a) BASE OPERATING SUPPORT.—Section 2493 of

16 title 10, United States Code, is amended—

17 (1) by redesignating subsection (f) as sub18 section (g); and

19 (2) by inserting after subsection (e) the fol20 lowing new subsection (f):

21 ‘‘(f) SPECIAL AUTHORITY FOR NAVY.—The Sec22 retary of the Navy shall provide base operating support

23 for Fisher Houses associated with health care facilities of

24 the Navy. The level of the support shall be equivalent to

25 the base operating support that the Secretary provides for
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1 morale, welfare, and recreation category B community ac2 tivities (as defined in regulations, prescribed by the Sec3 retary, that govern morale, welfare, and recreation activi4 ties associated with Navy installations).’’.

5 (b) SAVINGS PROVISIONS FOR CERTAIN NAVY EM6 PLOYEES.—(1) The Secretary of the Navy may continue

7 to employ, and pay out of appropriated funds, any em8 ployee of the Navy in the competitive service who, as of

9 October 17, 1998, was employed by the Navy in a position

10 at a Fisher House administered by the Navy, but only for

11 so long as the employee is continuously employed in that

12 position.

13 (2) After a person vacates a position in which the

14 person was continued to be employed under the authority

15 of paragraph (1), a person employed in that position shall

16 be employed as an employee of a nonappropriated fund

17 instrumentality of the United States and may not be paid

18 for services in that position out of appropriated funds.

19 (3) In this subsection:

20 (A) The term ‘‘Fisher House’’ has the meaning

21 given the term in section 2493(a)(1) of title 10,

22 United States Code.

23 (B) The term ‘‘competitive service’’ has the

24 meaning given the term in section 2102 of title 5,

25 United States Code.
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1 (c) EFFECTIVE DATE.—(1) The amendments made

2 by subsection (a) shall be effective as of October 17, 1998,

3 as if included in section 2493 of title 10, United States

4 Code, as enacted by section 906(a) of Public Law 105–

5 261.

6 (2) Subsection (b) applies with respect to the pay pe7 riod that includes October 17, 1998, and subsequent pay

8 periods.

9 SEC. 909. ORGANIZATION AND MANAGEMENT OF THE CIVIL

10 AIR PATROL.

11 (a) IN GENERAL.—Chapter 909 of title 10, United

12 States Code, is amended to read as follow:

13 ‘‘CHAPTER 909—CIVIL AIR

14 PATROL

‘‘Sec.

‘‘9441. Status as federally chartered corporation; purposes.

‘‘9442. Status as volunteer civilian auxiliary of the Air Force.

‘‘9443. Activities not performed as auxiliary of the Air Force.

‘‘9444. Activities performed as auxiliary of the Air Force.

‘‘9445. Funds appropriated for the Civil Air Patrol.

‘‘9446. Miscellaneous personnel authorities.

‘‘9447. Board of Governors.

‘‘9448. Regulations.

15 ‘‘§ 9441. Status as federally chartered corporation;

16 purposes

17 ‘‘(a) STATUS.—(1) The Civil Air Patrol is a nonprofit

18 corporation that is federally chartered under section

19 40301 of title 36.
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1 ‘‘(2) Except as provided in section 9442(b)(2) of this

2 title, the Civil Air Patrol is not an instrumentality of the

3 Federal Government for any purpose.

4 ‘‘(b) PURPOSES.—The purposes of the Civil Air Pa5 trol are set forth in section 40302 of title 36.

6 ‘‘§ 9442. Status as volunteer civilian auxiliary of the

7 Air Force

8 ‘‘(a) VOLUNTEER CIVILIAN AUXILIARY.—The Civil

9 Air Patrol is a volunteer civilian auxiliary of the Air Force

10 when the services of the Civil Air Patrol are used by any

11 department or agency in any branch of the Federal Gov12 ernment.

13 ‘‘(b) USE BY AIR FORCE.—(1) The Secretary of the

14 Air Force may use the services of the Civil Air Patrol to

15 fulfill the noncombat programs and missions of the De16 partment of the Air Force.

17 ‘‘(2) The Civil Air Patrol shall be deemed to be an

18 instrumentality of the United States with respect to any

19 act or omission of the Civil Air Patrol, including any mem20 ber of the Civil Air Patrol, in carrying out a mission as21 signed by the Secretary of the Air Force.

22 ‘‘§ 9443. Activities not performed as auxiliary of the

23 Air Force

24 ‘‘(a) SUPPORT FOR STATE AND LOCAL AUTHORI25 TIES.—The Civil Air Patrol may, in its status as a feder-
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1 ally chartered nonprofit corporation and not as an auxil2 iary of the Air Force, provide assistance requested by

3 State or local governmental authorities to perform disaster

4 relief missions and activities, other emergency missions

5 and activities, and nonemergency missions and activities.

6 Missions and activities carried out under this section shall

7 be consistent with the purposes of the Civil Air Patrol.

8 ‘‘(b) USE OF FEDERALLY PROVIDED RESOURCES.—

9 (1) To perform any mission or activity authorized under

10 subsection (a), the Civil Air Patrol may use any equip11 ment, supplies, and other resources provided to it by the

12 Air Force or by any other department or agency of the

13 Federal Government or acquired by or for the Civil Air

14 Patrol with appropriated funds, without regard to whether

15 the Civil Air Patrol has reimbursed the Federal Govern16 ment source for the equipment, supplies, other resources,

17 or funds, as the case may be.

18 ‘‘(2) The use of equipment, supplies, or other re19 sources under paragraph (1) is subject to—

20 ‘‘(A) the terms and conditions of the applicable

21 agreement entered into under chapter 63 of title 31;

22 and

23 ‘‘(B) the laws and regulations that govern the

24 use by nonprofit corporations of federally provided
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1 assets or of assets purchased with appropriated

2 funds, as the case may be.

3 ‘‘(c) AUTHORITY NOT CONTINGENT ON REIMBURSE4 MENT.—The authority for the Civil Air Patrol to provide

5 assistance under this section is not contingent on the Civil

6 Air Patrol being reimbursed for the cost of providing the

7 assistance. If the Civil Air Patrol requires reimbursement

8 for the provision of any such assistance, the Civil Air Pa9 trol may establish the reimbursement rate for the assist10 ance at a rate less than the rate charged by private sector

11 sources for equivalent services.

12 ‘‘(d) LIABILITY INSURANCE.—The Secretary of the

13 Air Force may provide the Civil Air Patrol with funds for

14 paying the cost of liability insurance for missions and ac15 tivities carried out under this section.

16 ‘‘§ 9444. Activities performed as auxiliary of the Air

17 Force

18 ‘‘(a) AIR FORCE SUPPORT FOR ACTIVITIES.—The

19 Secretary of the Air Force may furnish to the Civil Air

20 Patrol in accordance with this section any equipment, sup21 plies, and other resources that the Secretary determines

22 necessary to enable the Civil Air Patrol to fulfill the mis23 sions assigned by the Secretary to the Civil Air Patrol as

24 an auxiliary of the Air Force.
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1 ‘‘(b) FORMS OF AIR FORCE SUPPORT.—The Sec2 retary of the Air Force may, under subsection (a)—

3 ‘‘(1) give, lend, or sell to the Civil Air Patrol

4 without regard to the Federal Property and Admin5 istrative Services Act of 1949 (40 U.S.C. 471 et

6 seq.)—

7 ‘‘(A) major items of equipment (including

8 aircraft, motor vehicles, computers, and com9 munications equipment) that are excess to the

10 military departments; and

11 ‘‘(B) necessary related supplies and train12 ing aids that are excess to the military depart13 ments;

14 ‘‘(2) permit the use, with or without charge, of

15 services and facilities of the Air Force;

16 ‘‘(3) furnish supplies (including fuel, lubricants,

17 and other items required for vehicle and aircraft op18 erations) or provide funds for the acquisition of sup19 plies;

20 ‘‘(4) establish, maintain, and supply liaison offi21 cers of the Air Force at the national, regional, State,

22 and territorial headquarters of the Civil Air Patrol;

23 ‘‘(5) detail or assign any member of the Air

24 Force or any officer, employee, or contractor of the

25 Department of the Air Force to any liaison office at
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1 the national, regional, State, or territorial head2 quarters of the Civil Air Patrol;

3 ‘‘(6) detail any member of the Air Force or any

4 officer, employee, or contractor of the Department of

5 the Air Force to any unit or installation of the Civil

6 Air Patrol to assist in the training programs of the

7 Civil Air Patrol;

8 ‘‘(7) authorize the payment of travel expenses

9 and allowances, at rates not to exceed those paid to

10 employees of the Federal Government under sub11 chapter I of chapter 57 of title 5, to members of the

12 Civil Air Patrol while the members are carrying out

13 programs or missions specifically assigned by the Air

14 Force;

15 ‘‘(8) provide funds for the national head16 quarters of the Civil Air Patrol, including—

17 ‘‘(A) funds for the payment of staff com18 pensation and benefits, administrative expenses,

19 travel, per diem and allowances, rent, utilities,

20 other operational expenses of the national head21 quarters; and

22 ‘‘(B) to the extent considered necessary by

23 the Secretary of the Air Force to fulfill Air

24 Force requirements, funds for the payment of
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1 compensation and benefits for key staff at re2 gional, State, or territorial headquarters;

3 ‘‘(9) authorize the payment of expenses of plac4 ing into serviceable condition, improving, and main5 taining equipment (including aircraft, motor vehi6 cles, computers, and communications equipment)

7 owned or leased by the Civil Air Patrol;

8 ‘‘(10) provide funds for the lease or purchase of

9 items of equipment that the Secretary determines

10 necessary for the Civil Air Patrol;

11 ‘‘(11) support the Civil Air Patrol cadet pro12 gram by furnishing—

13 ‘‘(A) articles of the Air Force uniform to

14 cadets without cost; and

15 ‘‘(B) any other support that the Secretary

16 of the Air Force determines is consistent with

17 Air Force missions and objectives; and

18 ‘‘(12) provide support, including appropriated

19 funds, for the Civil Air Patrol aerospace education

20 program to the extent that the Secretary of the Air

21 Force determines appropriate for furthering the ful22 fillment of Air Force missions and objectives.

23 ‘‘(c) ASSISTANCE BY OTHER AGENCIES.—(1) The

24 Secretary of the Air Force may arrange for the use by

25 the Civil Air Patrol of such facilities and services under
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1 the jurisdiction of the Secretary of the Army, the Sec2 retary of the Navy, or the head of any other department

3 or agency of the United States as the Secretary of the

4 Air Force considers to be needed by the Civil Air Patrol

5 to carry out its mission.

6 ‘‘(2) An arrangement for use of facilities or services

7 of a military department or other department or agency

8 under this subsection shall be subject to the agreement

9 of the Secretary of the military department or head of the

10 other department or agency, as the case may be.

11 ‘‘(3) Each arrangement under this subsection shall

12 be made in accordance with regulations prescribed under

13 section 9448 of this title.

14 ‘‘§ 9445. Funds appropriated for the Civil Air Patrol

15 ‘‘Funds appropriated for the Civil Air Patrol shall be

16 available only for the exclusive use of the Civil Air Patrol.

17 ‘‘§ 9446. Miscellaneous personnel authorities

18 ‘‘(a) USE OF RETIRED AIR FORCE PERSONNEL.—

19 (1) Upon the request of a person retired from service in

20 the Air Force, the Secretary of the Air Force may enter

21 into a personal services contract with that person pro22 viding for the person to serve as an administrator or liai23 son officer for the Civil Air Patrol. The qualifications of

24 a person to provide the services shall be determined and
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1 approved in accordance with regulations prescribed under

2 section 9448 of this title.

3 ‘‘(2) To the extent provided in a contract under para4 graph (1), a person providing services under the contract

5 may accept services on behalf of the Air Force.

6 ‘‘(3) A person, while providing services under a con7 tract authorized under paragraph (1), may not be consid8 ered to be on active duty or inactive-duty training for any

9 purpose.

10 ‘‘(b) USE OF CIVIL AIR PATROL CHAPLAINS.—The

11 Secretary of the Air Force may use the services of Civil

12 Air Patrol chaplains in support of the Air Force active

13 duty and reserve component forces to the extent and under

14 conditions that the Secretary determines appropriate.

15 ‘‘§ 9447. Board of Governors

16 ‘‘(a) GOVERNING BODY.—The Board of Governors of

17 the Civil Air Patrol is the governing body of the Civil Air

18 Patrol.

19 ‘‘(b) COMPOSITION.—The Board of Governors is

20 composed of 13 members as follows:

21 ‘‘(1) Four members appointed by the Secretary

22 of the Air Force, who may be active or retired offi23 cers of the Air Force (including reserve components

24 of the Air Force), employees of the Federal Govern25 ment, or private citizens.
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1 ‘‘(2) Four members of the Civil Air Patrol,

2 elected from among the members of the Civil Air

3 Patrol in the manner provided in regulations pre4 scribed under section 9448 of this title.

5 ‘‘(3) Three members appointed or selected as

6 provided in subsection (c) from among personnel of

7 any Federal Government agencies, public corpora8 tions, nonprofit associations, and other organizations

9 that have an interest and expertise in civil aviation

10 and the Civil Air Patrol mission.

11 ‘‘(4) One member appointed by the Majority

12 Leader of the Senate.

13 ‘‘(5) One member appointed by the Speaker of

14 the House of Representatives.

15 ‘‘(c) APPOINTMENTS FROM INTERESTED ORGANIZA16 TIONS.—(1) Subject to paragraph (2), the members of the

17 Board of Governors referred to in subsection (b)(3) shall

18 be appointed jointly by the Secretary of the Air Force and

19 the National Commander of the Civil Air Patrol.

20 ‘‘(2) Any vacancy in the position of a member re21 ferred to in paragraph (1) that is not filled under that

22 paragraph within 90 days shall be filled by majority vote

23 of the other members of the Board.

24 ‘‘(d) CHAIRPERSON.—(1) The Chairperson of the

25 Board of Governors shall be chosen by the members of
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1 the Board of Governors from among the members of the

2 Board eligible for selection under paragraph (2) and shall

3 serve for a term of two years.

4 ‘‘(2) The position of Chairperson shall be held on a

5 rotating basis, first by a member of the Board selected

6 from among those appointed by the Secretary of the Air

7 Force under paragraph (1) of subsection (b) and then by

8 a member of the Board selected from among the members

9 elected by the Civil Air Patrol under paragraph (2) of that

10 subsection. Upon the expiration of the term of a Chair11 person selected from among the members referred to in

12 one of those paragraphs, the selection of a successor to

13 that position shall be made from among the members who

14 are referred to in the other paragraph.

15 ‘‘(e) POWERS.—(1) The Board of Governors shall,

16 subject to paragraphs (2) and (3), exercise the powers

17 granted under section 40304 of title 36.

18 ‘‘(2) Any exercise by the Board of the power to

19 amend the constitution or bylaws of the Civil Air Patrol

20 or to adopt a new constitution or bylaws shall be subject

21 to the approval of the corporate officers of the Civil Air

22 Patrol, as those officers are defined in the constitution and

23 bylaws of the Civil Air Patrol.
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1 ‘‘(3) Neither the Board of Governors nor any other

2 component of the Civil Air Patrol may modify or terminate

3 any requirement or authority set forth in this section.

4 ‘‘(f) PERSONAL LIABILITY FOR BREACH OF A FIDU5 CIARY DUTY.—(1) The Board of Governors may, subject

6 to paragraph (2), take such action as is necessary to limit

7 the personal liability of a member of the Board of Gov8 ernors to the Civil Air Patrol or to any of its members

9 for monetary damages for a breach of fiduciary duty while

10 serving as a member of the Board.

11 ‘‘(2) The Board may not limit the liability of a mem12 ber of the Board of Governors to the Civil Air Patrol or

13 to any of its members for monetary damages for any of

14 the following:

15 ‘‘(A) A breach of the member’s duty of loyalty

16 to the Civil Air Patrol or its members.

17 ‘‘(B) Any act or omission that is not in good

18 faith or that involves intentional misconduct or a

19 knowing violation of law.

20 ‘‘(C) Participation in any transaction from

21 which the member directly or indirectly derives an

22 improper personal benefit.

23 ‘‘(3) Nothing in this subsection shall be construed as

24 rendering section 207 or 208 of title 18 inapplicable in

25 any respect to a member of the Board of Governors who
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1 is a member of the Air Force on active duty, an officer

2 on a retired list of the Air Force, or an employee of the

3 Federal Government.

4 ‘‘(g) PERSONAL LIABILITY FOR BREACH OF A FIDU5 CIARY DUTY.—(1) Except as provided in paragraph (2),

6 no member of the Board of Governors or officer of the

7 Civil Air Patrol shall be personally liable for damages for

8 any injury or death or loss or damage of property resulting

9 from a tortious act or omission of an employee or member

10 of the Civil Air Patrol.

11 ‘‘(2) Paragraph (1) does not apply to a member of

12 the Board of Governors or officer of the Civil Air Patrol

13 for a tortious act or omission in which the member or offi14 cer, as the case may be, was personally involved, whether

15 in breach of a civil duty or in commission of a criminal

16 offense.

17 ‘‘(3) Nothing in this subsection shall be construed to

18 restrict the applicability of common law protections and

19 rights that a member of the Board of Governors or officer

20 of the Civil Air Patrol may have.

21 ‘‘(4) The protections provided under this subsection

22 are in addition to the protections provided under sub23 section (f).
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1 ‘‘§ 9448. Regulations

2 ‘‘(a) AUTHORITY.—The Secretary of the Air Force

3 shall prescribe regulations for the administration of this

4 chapter.

5 ‘‘(b) REQUIRED REGULATIONS.—The regulations

6 shall include the following:

7 ‘‘(1) Regulations governing the conduct of the

8 activities of the Civil Air Patrol when it is per9 forming its duties as a volunteer civilian auxiliary of

10 the Air Force under section 9442 of this title.

11 ‘‘(2) Regulations for providing support by the

12 Air Force and for arranging assistance by other

13 agencies under section 9444 of this title.

14 ‘‘(3) Regulations governing the qualifications of

15 retired Air Force personnel to serve as an adminis16 trator or liaison officer for the Civil Air Patrol under

17 a personal services contract entered into under sec18 tion 9446(a) of this title.

19 ‘‘(4) Procedures and requirements for the elec20 tion of members of the Board of Governors under

21 section 9447(b)(2) of this title.

22 ‘‘(c) APPROVAL BY SECRETARY OF DEFENSE.—The

23 regulations required by subsection (b)(2) shall be subject

24 to the approval of the Secretary of Defense.’’.

25 (b) CONFORMING AMENDMENTS.—(1) Section 40302

26 of title 36, United States Code, is amended—
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1 (A) by striking ‘‘to—’’ in the matter preceding

2 paragraph (1) and inserting ‘‘as follows:’’;

3 (B) by inserting ‘‘To’’ after the paragraph des4 ignation in each of paragraphs (1), (2), (3), and (4);

5 (C) by striking the semicolon at the end of

6 paragraphs (1)(B) and (2) and inserting a period;

7 (D) by striking ‘‘; and’’ at the end of paragraph

8 (3) and inserting a period; and

9 (E) by adding at the end the following:

10 ‘‘(5) To assist the Department of the Air Force

11 in fulfilling its noncombat programs and missions.’’.

12 (2)(A) Section 40303 of such title is amended—

13 (i) by inserting ‘‘(a) MEMBERSHIP.—’’ before

14 ‘‘Eligibility’’; and

15 (ii) by adding at the end the following:

16 ‘‘(b) GOVERNING BODY.—The Civil Air Patrol has a

17 Board of Governors. The composition and responsibilities

18 of the Board of Governors are set forth in section 9447

19 of title 10.’’.

20 (B) The heading for such section is amended to read

21 as follows:

22 ‘‘§ 40303. Membership and governing body’’.

23 (C) The item relating to such section in the table of

24 sections at the beginning of chapter 403 of title 36, United

25 States Code, is amended to read as follows:

‘‘40303. Membership and governing body.’’.
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1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on January

3 1, 2001.

4 SEC. 910. RESPONSIBILITY FOR THE NATIONAL GUARD

5 CHALLENGE PROGRAM.

6 (a) SECRETARY OF DEFENSE.—Subsection (a) of

7 section 509 of title 32, United States Code, is amended

8 by striking ‘‘, acting through the Chief of the National

9 Guard Bureau,’’.

10 (b) CLARIFICATION OF SOURCE OF FEDERAL SUP11 PORT.—Subsection (b) of such section is amended by

12 striking ‘‘Federal expenditures’’ and inserting ‘‘Depart13 ment of Defense expenditures’’.

14 (c) REGULATIONS.—Such section is further

15 amended—

16 (1) by redesignating subsection (l) and sub17 section (m); and

18 (2) by inserting after subsection (k) the fol19 lowing new subsection (l):

20 ‘‘(l) REGULATIONS.—The Secretary of Defense shall

21 prescribe regulations to carry out this section, including

22 regulations governing the following:

23 ‘‘(1) Terms and conditions to be included in

24 program agreements under subsection (c).
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1 ‘‘(2) The eligibility requirements for participa2 tion under subsection (e).

3 ‘‘(3) The benefits authorized for program par4 ticipants under subsection (f).

5 ‘‘(4) The status of National Guard personnel

6 providing services for the program under subsection

7 (g).

8 ‘‘(5) The use of equipment and facilities of the

9 National Guard for the program under subsection

10 (h).

11 ‘‘(6) The status of program participants under

12 subsection (i).

13 ‘‘(7) The procedures for communicating be14 tween the Secretary of Defense and States regarding

15 the program.’’.

16 SEC. 911. SUPERVISORY CONTROL OF ARMED FORCES RE17 TIREMENT HOME BOARD BY SECRETARY OF

18 DEFENSE.

19 (a) BOARD AUTHORITY SUBJECT TO SECRETARY’S

20 CONTROL.—Section 1516(a) of the Armed Forces Retire21 ment Home Act of 1991 (Public Law 101–510; 24 U.S.C.

22 416(a)) is amended by inserting after the first sentence

23 the following: ‘‘The Board is subject to the authority, di24 rection, and control of the Secretary of Defense in the per25 formance of its responsibilities.’’.
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1 (b) APPOINTMENT AND TERMS OF BOARD MEM2 BERS.—Section 1515 of such Act (24 U.S.C. 415) is

3 amended—

4 (1) in subsection (b), by adding at the end the

5 following:

6 ‘‘An appointment not made by the Secretary of Defense

7 is subject to the approval of the Secretary of Defense.’’;

8 (2) in subsection (e)(3), by striking ‘‘Chairman

9 of the Retirement Home Board’’ and inserting ‘‘Sec10 retary of Defense’’; and

11 (3) in subsection (f), by striking ‘‘(f) EARLY

12 EXPIRATION OF TERM.—’’ and inserting the fol13 lowing:

14 ‘‘(f) EARLY TERMINATION.—(1) The Secretary of

15 Defense may terminate the appointment of a member of

16 the Board at the pleasure of the Secretary.

17 ‘‘(2)’’.

18 (c) RESPONSIBILITY OF CHAIRMAN TO THE SEC19 RETARY.—Section 1515(d)(1)(B) of such Act (24 U.S.C.

20 415(d)(1)(B)) is amended by striking ‘‘not be responsible

21 to the Secretary of Defense or to the Secretaries of the

22 military departments’’ and inserting ‘‘be responsible to the

23 Secretary of Defense, but not to the Secretaries of the

24 military departments,’’.
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1 SEC. 912. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.

2 (a) MERGER OF NAVAL HISTORICAL CENTER FUND

3 INTO DEPARTMENT OF THE NAVY GENERAL GIFT

4 FUND.—(1) The Secretary of the Navy shall transfer all

5 amounts in the Naval Historical Center Fund maintained

6 under section 7222 of title 10, United States Code, to the

7 Department of the Navy General Gift Fund maintained

8 under section 2601 of such title. Upon completing the

9 transfer, the Secretary shall close the Naval Historical

10 Center Fund.

11 (2) Amounts transferred to the Department of the

12 Navy General Gift Fund under this subsection shall be

13 merged with other amounts in that Fund and shall be

14 available for the purposes for which amounts in that Fund

15 are available.

16 (b) CONSOLIDATION OF NAVAL ACADEMY GENERAL

17 GIFT FUND AND NAVAL ACADEMY MUSEUM FUND.—(1)

18 The Secretary of the Navy shall transfer all amounts in

19 the United States Naval Academy Museum Fund estab20 lished by section 6974 of title 10, United States Code, to

21 the gift fund maintained for the benefit and use of the

22 United States Naval Academy under section 6973 of such

23 title. Upon completing the transfer, the Secretary shall

24 close the United States Naval Academy Museum Fund.

25 (2) Amounts transferred under this subsection shall

26 be merged with other amounts in the gift fund to which
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1 transferred and shall be available for the purposes for

2 which amounts in that gift fund are available.

3 (c) CONSOLIDATION AND REVISION OF AUTHORITIES

4 FOR ACCEPTANCE OF GIFTS, BEQUESTS, AND LOANS FOR

5 THE UNITED STATES NAVAL ACADEMY.—(1) Subsection

6 (a) of section 6973 of title 10, United States Code, is

7 amended—

8 (A) in the first sentence—

9 (i) by inserting ‘‘, and loans of personal

10 property other than money,’’ after ‘‘gifts and

11 bequests of personal property’’; and

12 (ii) by inserting ‘‘or the Naval Academy

13 Museum, its collection, or its services’’ before

14 the period at the end;

15 (B) in the second sentence, by striking

16 ‘‘ ‘United States Naval Academy general gift fund’ ’’

17 and inserting ‘‘ ‘United States Naval Academy Gift

18 and Museum Fund’ ’’; and

19 (C) in the third sentence, by inserting ‘‘(includ20 ing the Naval Academy Museum)’’ after ‘‘the Naval

21 Academy’’.

22 (2) Such section 6973 is further amended—

23 (A) by redesignating subsections (b) and (c) as

24 subsections (c) and (d), respectively; and
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1 (B) by inserting after subsection (a) the fol2 lowing new subsection (b):

3 ‘‘(b) The Secretary shall prescribe written guidelines

4 to be used for determinations of whether the acceptance

5 of money, any personal property, or any loan of personal

6 property under subsection (a) would reflect unfavorably on

7 the ability of the Department of the Navy or any officer

8 or employee of the Department of the Navy to carry out

9 responsibilities or duties in a fair and objective manner,

10 or would compromise either the integrity or the appear11 ance of the integrity of any program of the Department

12 of the Navy or any officer or employee of the Department

13 of the Navy who is involved in any such program.’’.

14 (3) Subsection (d) of such section, as redesignated

15 by paragraph (2)(A), is amended by striking ‘‘United

16 States Naval Academy general gift fund’’ both places it

17 appears and inserting ‘‘United States Naval Academy Gift

18 and Museum Fund’’.

19 (4) The heading for such section is amended to read

20 as follows:
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1 ‘‘§ 6973. Gifts, bequests, and loans of property: accept2 ance for benefit and use of Naval Acad3 emy’’.

4 (d) REFERENCES TO CLOSED GIFT FUNDS.—(1)

5 Section 6974 of title 10, United States Code, is amended

6 to read as follows:

7 ‘‘§ 6974. United States Naval Academy Museum Fund:

8 references to Fund

9 ‘‘Any reference in a law, regulation, document, paper,

10 or other record of the United States to the United States

11 Naval Academy Museum Fund formerly maintained under

12 this section shall be deemed to refer to the United States

13 Naval Academy Gift and Museum Fund maintained under

14 section 6973 of this title.’’.

15 (2) Section 7222 of such title is amended to read as

16 follows:

17 ‘‘§ 7222. Naval Historical Center Fund: references to

18 Fund

19 ‘‘Any reference in a law, regulation, document, paper,

20 or other record of the United States to the Naval Histor21 ical Center Fund formerly maintained under this section

22 shall be deemed to refer to the Department of the Navy

23 General Gift Fund maintained under section 2601 of this

24 title.’’.

25 (e) CLERICAL AMENDMENTS.—(1) The table of sec26 tions at the beginning of chapter 603 of title 10, United
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1 States Code, is amended by striking the items relating to

2 sections 6973 and 6974 and inserting the following:

‘‘6973. Gifts, bequests, and loans of property: acceptance for benefit and use

of Naval Academy.

‘‘6974. United States Naval Academy Museum Fund: references to Fund.’’.

3 (2) The item relating to section 7222 of such title

4 in the table of sections at the beginning of chapter 631

5 of such title is amended to read as follows:

‘‘7222. Naval Historical Center Fund: references to Fund.’’.

6 SEC. 913. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT

7 PREVIOUSLY ACCEPTED FOR THE NAVAL

8 ACADEMY.

9 Notwithstanding section 6973 of title 10, United

10 States Code, during fiscal year 2001, the Secretary of the

11 Navy may dispose of the current cash value of a gift ac12 cepted before the date of the enactment of this Act for

13 the Naval Academy general gift fund by disbursing out

14 of that fund the amount equal to that cash value to an

15 entity designated by the donor of the gift.

16 TITLE X—GENERAL PROVISIONS

17 Subtitle A—Financial Matters

18 SEC. 1001. TRANSFER AUTHORITY.

19 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

20 (1) Upon determination by the Secretary of Defense that

21 such action is necessary in the national interest, the Sec22 retary may transfer amounts of authorizations made avail23 able to the Department of Defense in this division for fis-
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1 cal year 2001 between any such authorizations for that

2 fiscal year (or any subdivisions thereof). Amounts of au3 thorizations so transferred shall be merged with and be

4 available for the same purposes as the authorization to

5 which transferred.

6 (2) The total amount of authorizations that the Sec7 retary may transfer under the authority of this section

8 may not exceed $2,000,000,000.

9 (b) LIMITATIONS.—The authority provided by this

10 section to transfer authorizations—

11 (1) may only be used to provide authority for

12 items that have a higher priority than the items

13 from which authority is transferred; and

14 (2) may not be used to provide authority for an

15 item that has been denied authorization by Con16 gress.

17 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

18 transfer made from one account to another under the au19 thority of this section shall be deemed to increase the

20 amount authorized for the account to which the amount

21 is transferred by an amount equal to the amount trans22 ferred.

23 (d) NOTICE TO CONGRESS.—The Secretary shall

24 promptly notify Congress of each transfer made under

25 subsection (a).
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1 SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLE2 MENTAL APPROPRIATIONS FOR FISCAL YEAR

3 2000.

4 Amounts authorized to be appropriated to the De5 partment of Defense for fiscal year 2000 in the National

6 Defense Authorization Act for Fiscal Year 2000 (Public

7 Law 106–65) are hereby adjusted, with respect to any

8 such authorized amount, by the amount by which appro9 priations pursuant to such authorization were increased

10 (by a supplemental appropriation) or decreased (by a re11 scission), or both, in any law making supplemental appro12 priations for fiscal year 2000 that is enacted during the

13 106th Congress, second session.

14 SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COM15 MON-FUNDED BUDGETS IN FISCAL YEAR 2001.

16 (a) FISCAL YEAR 2001 LIMITATION.—The total

17 amount contributed by the Secretary of Defense in fiscal

18 year 2001 for the common-funded budgets of NATO may

19 be any amount up to, but not in excess of, the amount

20 specified in subsection (b) (rather than the maximum

21 amount that would otherwise be applicable to those con22 tributions under the fiscal year 1998 baseline limitation).

23 (b) TOTAL AMOUNT.—The amount of the limitation

24 applicable under subsection (a) is the sum of the following:

25 (1) The amounts of unexpended balances, as of

26 the end of fiscal year 2000, of funds appropriated
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1 for fiscal years before fiscal year 2001 for payments

2 for those budgets.

3 (2) The amount specified in subsection (c)(1).

4 (3) The amount specified in subsection (c)(2).

5 (4) The total amount of the contributions au6 thorized to be made under section 2501.

7 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

8 be appropriated by titles II and III of this Act are avail9 able for contributions for the common-funded budgets of

10 NATO as follows:

11 (1) Of the amount provided in section 201(1),

12 $743,000 for the Civil Budget.

13 (2) Of the amount provided in section 301(1),

14 $194,400,000 for the Military Budget.

15 (d) DEFINITIONS.—For purposes of this section:

16 (1) COMMON-FUNDED BUDGETS OF NATO.—

17 The term ‘‘common-funded budgets of NATO’’

18 means the Military Budget, the Security Investment

19 Program, and the Civil Budget of the North Atlantic

20 Treaty Organization (and any successor or addi21 tional account or program of NATO).

22 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

23 The term ‘‘fiscal year 1998 baseline limitation’’

24 means the maximum annual amount of Department

25 of Defense contributions for common-funded budgets
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1 of NATO that is set forth as the annual limitation

2 in section 3(2)(C)(ii) of the resolution of the Senate

3 giving the advice and consent of the Senate to the

4 ratification of the Protocols to the North Atlantic

5 Treaty of 1949 on the Accession of Poland, Hun6 gary, and the Czech Republic (as defined in section

7 4(7) of that resolution), approved by the Senate on

8 April 30, 1998.

9 SEC. 1004. ANNUAL OMB/CBO JOINT REPORT ON SCORING

10 OF BUDGET OUTLAYS.

11 (a) REVISION OF SCOPE OF TECHNICAL ASSUMP12 TIONS.—Subsection (a)(1) of section 226 of title 10,

13 United States Code, is amended by inserting ‘‘subfunc14 tional category 051 (Department of Defense—Military)

15 under’’ before ‘‘major functional category 050’’.

16 (b) TREATMENT OF DIFFERENCES IN OUTLAY

17 RATES AND ASSUMPTIONS.—(1) Subsection (b) of such

18 section is amended by striking ‘‘, the report shall reflect

19 the average of the relevant outlay rates or assumptions

20 used by the two offices.’’ and inserting ‘‘, the report shall

21 reflect the differences between the relevant outlay rates

22 or assumptions used by the two offices. For each account

23 for which a difference is reported, the report shall also

24 display, by fiscal year, each office’s estimates regarding

25 budget authority, outlay rates, and outlays.’’.
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1 (2) The heading for such subsection is amended to

2 read as follows: ‘‘DIFFERENCES IN OUTLAY RATES AND

3 ASSUMPTIONS.—’’.

4 SEC. 1005. PROMPT PAYMENT OF CONTRACT VOUCHERS.

5 (a) REQUIREMENT.—(1) Chapter 131 of title 10,

6 United States Code, is amended by adding at the end the

7 following:

8 ‘‘§ 2225. Prompt payment of vouchers for contracted

9 property and services

10 ‘‘(a) REQUIREMENT.—Of the contract vouchers that

11 are received by the Defense Finance and Accounting Sys12 tem by means of the mechanization of contract adminis13 tration service, the number of such vouchers that remain

14 unpaid for more than 30 days as of the last day of each

15 month may not exceed 5 percent of the total number of

16 the contract vouchers so received that remain unpaid on

17 that day.

18 ‘‘(b) CONDITIONAL REQUIREMENT FOR REPORT.—

19 (1) For any month of a fiscal year that the requirement

20 in subsection (a) is not met, the Secretary of Defense shall

21 submit to Congress a report on the magnitude of the un22 paid contract vouchers. The report for a month shall be

23 submitted not later than 30 days after the end of that

24 month.
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1 ‘‘(2) A report for a month under paragraph (1) shall

2 include information current as of the last day of the month

3 as follows:

4 ‘‘(A) The number of the vouchers received by

5 the Defense Finance and Accounting System by

6 means of the mechanization of contract administra7 tion service during each month.

8 ‘‘(B) The number of the vouchers so received,

9 whenever received by the Defense Finance and Ac10 counting System, that remain unpaid for each of the

11 following periods:

12 ‘‘(i) Not more than 30 days.

13 ‘‘(ii) Over 30 days and not more than 60

14 days.

15 ‘‘(iii) Over 60 days and not more than 90

16 days.

17 ‘‘(iv) More than 90 days.

18 ‘‘(C) The number of the vouchers so received

19 that remain unpaid for the major categories of pro20 curements, as defined by the Secretary of Defense.

21 ‘‘(D) The corrective actions that are necessary,

22 and those that are being taken, to ensure compliance

23 with the requirement in subsection (a).

24 ‘‘(c) CONTRACT VOUCHER DEFINED.—In this sec25 tion, the term ‘contract voucher’ means a voucher or in-
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1 voice for the payment of a contractor for services, commer2 cial items (as defined in section 4(12) of the Office of Fed3 eral Procurement Policy Act (41 U.S.C. 403(12))), or

4 other deliverable items provided by the contractor pursu5 ant to a contract funded by the Department of Defense.’’.

6 (2) The table of sections at the beginning of such

7 chapter is amended by adding at the end the following:

‘‘2225. Prompt payment of vouchers for contracted property and services’’.

8 (b) EFFECTIVE DATE.—Section 2225 of title 10,

9 United States Code (as added by subsection (a)), shall

10 take effect on December 1, 2000, and shall apply with re11 spect to months beginning on or after that date.

12 SEC. 1006. REPEAL OF CERTAIN REQUIREMENTS RELATING

13 TO TIMING OF CONTRACT PAYMENTS.

14 The following provisions of law are repealed: sections

15 8175 and 8176 of the Department of Defense Appropria16 tions Act, 2000 (Public Law 106–79), as amended by sec17 tions 214 and 215, respectively, of H.R. 3425 of the 106th

18 Congress (113 Stat. 1501A–297), as enacted into law by

19 section 1000(a)(5) of Public Law 106–113.

20 SEC. 1007. PLAN FOR PROMPT POSTING OF CONTRACTUAL

21 OBLIGATIONS.

22 (a) REQUIREMENT FOR PLAN.—The Secretary of De23 fense shall submit to the congressional defense commit24 tees, not later than November 15, 2000, and carry out

25 a plan for ensuring that each obligation of the Department
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1 of Defense under a transaction described in subsection (c)

2 is posted within 10 days after the obligation is incurred.

3 (b) CONTENT OF PLAN.—The plan for posting obli4 gations shall provide the following:

5 (1) Uniform posting requirements that are ap6 plicable throughout the Department of Defense, in7 cluding requirements for the posting of detailed data

8 on each obligation.

9 (2) A system of uniform accounting classifica10 tion reference numbers.

11 (3) Increased use of electronic means for the

12 submission of invoices and other billing documents.

13 (c) COVERED TRANSACTIONS.—The plan shall apply

14 to each liability of the Department of Defense for a pay15 ment under the following:

16 (1) A contract.

17 (2) An order issued under a contract.

18 (3) Services received under a contract.

19 (4) Any transaction that is similar to a trans20 action referred to in another paragraph of this sub21 section.
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1 SEC. 1008. PLAN FOR ELECTRONIC SUBMISSION OF DOCU2 MENTATION SUPPORTING CLAIMS FOR CON3 TRACT PAYMENTS.

4 (a) REQUIREMENT FOR PLAN.—The Secretary of De5 fense shall submit to the congressional defense commit6 tees, not later than March 30, 2001, and carry out a plan

7 for ensuring that all documentation that is to be submitted

8 to the Department of Defense in support of claims for

9 payment under contracts is submitted electronically.

10 (b) CONTENT OF PLAN.—The plan shall include the

11 following:

12 (1) The format in which information can be ac13 cepted by the Defense Finance and Accounting Serv14 ice’s corporate database.

15 (2) Procedures for electronic submission of the

16 following:

17 (A) Receiving reports.

18 (B) Contracts and contract modifications.

19 (C) Required certifications.

20 (3) The requirements to be included in con21 tracts regarding electronic submission of invoices by

22 contractors.
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1 SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT

2 OF TRANSPORTATION COSTS.

3 (a) OFFSETS FOR OVERPAYMENTS OR LIQUIDATED

4 DAMAGES.—Section 2636 of title 10, United States Code,

5 is amended to read as follows:

6 ‘‘§ 2636. Deductions from amounts due carriers

7 ‘‘(a) AMOUNTS FOR LOSS OR DAMAGE.—An amount

8 deducted from an amount due a carrier shall be credited

9 as follows:

10 ‘‘(1) If deducted because of loss of or damage

11 to material in transit for a military department, to

12 the proper appropriation, account, or fund from

13 which the same or similar material may be replaced.

14 ‘‘(2) If deducted as an administrative offset for

15 an overpayment previously made to the carrier under

16 any Department of Defense contract for transpor17 tation services or as liquidated damages due under

18 any such contract, to the appropriation or account

19 from which payments for the transportation services

20 were made.

21 ‘‘(b) SIMPLIFIED OFFSET FOR COLLECTION OF

22 CLAIMS NOT IN EXCESS OF THE SIMPLIFIED ACQUISI23 TION THRESHOLD.—(1) In any case in which the total

24 amount of a claim for the recovery of overpayments or

25 liquidated damages under a contract described in sub26 section (a)(2) does not exceed the simplified acquisition
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1 threshold, the Secretary of Defense or the Secretary con2 cerned may exercise the authority to collect the claim by

3 administrative offset under section 3716 of title 31 after

4 providing the notice required by paragraph (1) of sub5 section (a) of that section, but without regard to para6 graphs (2), (3), and (4) of that subsection.

7 ‘‘(2) In this subsection, the term ‘simplified acquisi8 tion threshold’ has the meaning given the term in section

9 4(11) of the Office of Federal Procurement Policy Act (41

10 U.S.C. 403(11)).’’.

11 (b) CLERICAL AMENDMENT.—The item relating to

12 such section in the table of sections at the beginning of

13 chapter 157 of such title is amended to read as follows:

‘‘2636. Deductions from amounts due carriers.’’.

14 Subtitle B—Counter-Drug

15 Activities

16 SEC. 1011. EXTENSION AND INCREASE OF AUTHORITY TO

17 PROVIDE ADDITIONAL SUPPORT FOR

18 COUNTER-DRUG ACTIVITIES.

19 (a) EXTENSION OF AUTHORITY FOR ASSISTANCE TO

20 COLOMBIA.—Section 1033 of the National Defense Au21 thorization Act for Fiscal Year 1998 (Public Law 105–

22 85; 111 Stat. 1881) is amended—

23 (1) in subsection (a), by striking ‘‘during fiscal

24 years 1998 through 2002,’’; and

25 (2) in subsection (b)—
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1 (A) in paragraph (1), by inserting before

2 the period at the end the following: ‘‘, for fiscal

3 years 1998 through 2002’’; and

4 (B) in paragraph (2), by inserting before

5 the period at the end the following: ‘‘, for fiscal

6 years 1998 through 2006’.

7 (b) ADDITIONAL TYPE OF SUPPORT.—Subsection (c)

8 of such section is amended by adding at the end the fol9 lowing:

10 ‘‘(4) The transfer of one light observation air11 craft.’’.

12 (c) INCREASED MAXIMUM ANNUAL AMOUNT OF SUP13 PORT.—Subsection (e)(2) of such section is amended—

14 (1) by striking ‘‘$20,000,000’’ and inserting

15 ‘‘$40,000,000’’; and

16 (2) by striking ‘‘2002’’ and inserting ‘‘2006, of

17 which not more than $10,000,000 may be obligated

18 or expended for any fiscal year for support for the

19 counter-drug activities of the Government of Peru’’.

20 SEC. 1012. RECOMMENDATIONS ON EXPANSION OF SUP21 PORT FOR COUNTER-DRUG ACTIVITIES.

22 (a) REQUIREMENT FOR SUBMITTAL OF REC23 OMMENDATIONS.—The Secretary of Defense shall submit

24 to the Committees on Armed Services of the Senate and

25 the House of Representatives, not later than February 1,
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1 2001, the Secretary’s recommendations regarding whether

2 expanded support for counter-drug activities should be au3 thorized under section 1033 of the National Defense Au4 thorization Act for Fiscal Year 1998 (Public Law 105–

5 85; 111 Stat. 1881) for the region that includes the coun6 tries that are covered by that authority on the date of the

7 enactment of this Act.

8 (b) CONTENT OF SUBMISSION.—The submission

9 under subsection (a) shall include the following:

10 (1) What, if any, additional countries should be

11 covered.

12 (2) What, if any, additional support should be

13 provided to covered countries, together with the rea14 sons for recommending the additional support.

15 (3) For each country recommended under para16 graph (1), a plan for providing support, including

17 the counter-drug activities proposed to be supported.

18 SEC. 1013. REVIEW OF RIVERINE COUNTER-DRUG PRO19 GRAM.

20 (a) REQUIREMENT FOR REVIEW.—The Secretary of

21 Defense shall review the riverine counter-drug program

22 supported under section 1033 of the National Defense Au23 thorization Act for Fiscal Year 1998 (Public Law 105–

24 85; 111 Stat. 1881).
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1 (b) REPORT.—Not later than February 1, 2001, the

2 Secretary shall submit a report on the riverine counter3 drug program to the Committees on Armed Services of

4 the Senate and the House of Representatives. The report

5 shall include, for each country receiving support under the

6 riverine counter-drug program, the following:

7 (1) The Assistant Secretary’s assessment of the

8 effectiveness of the program.

9 (2) A recommendation regarding which of the

10 Armed Forces, units of the Armed Forces, or other

11 organizations within the Department of Defense

12 should be responsible for managing the program.

13 (c) DELEGATION OF AUTHORITY.—The Secretary

14 shall require the Assistant Secretary of Defense for Spe15 cial Operations and Low Intensity Conflict to carry out

16 the responsibilities under this section.

17 Subtitle C—Strategic Forces

18 SEC. 1015. REVISED NUCLEAR POSTURE REVIEW.

19 (a) REQUIREMENT FOR REVIEW.—The Secretary of

20 Defense, in consultation with the Secretary of Energy,

21 shall conduct a comprehensive review of the nuclear pos22 ture of the United States for the next 5 to 10 years.

23 (b) ELEMENTS OF REVIEW.—The nuclear posture re24 view shall include the following elements:
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1 (1) The role of nuclear forces in United States

2 military strategy, planning, and programming.

3 (2) The policy requirements and objectives for

4 the United States to maintain a safe, reliable, and

5 credible nuclear deterrence posture.

6 (3) The relationship between United States nu7 clear deterrence policy, targeting strategy, and arms

8 control objectives.

9 (4) The levels and composition of the nuclear

10 delivery systems that will be required for imple11 menting the United States national and military

12 strategy, including any plans for replacing or modi13 fying existing systems.

14 (5) The nuclear weapons complex that will be

15 required for implementing the United States na16 tional and military strategy, including any plans to

17 modernize or modify the complex.

18 (6) The active and inactive nuclear weapons

19 stockpile that will be required for implementing the

20 United States national and military strategy, includ21 ing any plans for replacing or modifying warheads.

22 (c) REPORT TO CONGRESS.—The Secretary of De23 fense shall submit to Congress, in unclassified and classi24 fied forms as necessary, a report on the results of the nu-
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1 clear posture review concurrently with the Quadrennial

2 Defense Review due in December 2001.

3 (d) SENSE OF CONGRESS.—It is the sense of Con4 gress that, to clarify United States nuclear deterrence pol5 icy and strategy for the next 5 to 10 years, a revised nu6 clear posture review should be conducted and that such

7 review should be used as the basis for establishing future

8 United States arms control objectives and negotiating po9 sitions.

10 SEC. 1016. PLAN FOR THE LONG-TERM SUSTAINMENT AND

11 MODERNIZATION OF UNITED STATES STRA12 TEGIC NUCLEAR FORCES.

13 (a) REQUIREMENT FOR PLAN.—The Secretary of De14 fense, in consultation with the Secretary of Energy, shall

15 develop a long-range plan for the sustainment and mod16 ernization of United States strategic nuclear forces to

17 counter emerging threats and satisfy the evolving require18 ments of deterrence.

19 (b) ELEMENTS OF PLAN.—The plan specified under

20 subsection (a) shall include the Secretary’s plans, if any,

21 for the sustainment and modernization of the following:

22 (1) Land-based and sea-based strategic ballistic

23 missiles, including any plans for developing replace24 ments for the Minuteman III intercontinental bal25 listic missile and the Trident II sea-launched bal-
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1 listic missile and plans for common ballistic missile

2 technology development

3 (2) Strategic nuclear bombers, including any

4 plans for a B–2 follow-on, a B–52 replacement, and

5 any new air-launched weapon systems.

6 (3) Appropriate warheads to outfit the strategic

7 nuclear delivery systems referred to in paragraphs

8 (1) and (2) to satisfy evolving military requirements.

9 (c) SUBMITTAL OF PLAN.—The plan specified under

10 subsection (a) shall be submitted to Congress not later

11 than April 15, 2001. The plan shall be submitted in un12 classified and classified forms, as necessary.

13 SEC. 1017. CORRECTION OF SCOPE OF WAIVER AUTHORITY

14 FOR LIMITATION ON RETIREMENT OR DIS15 MANTLEMENT OF STRATEGIC NUCLEAR DE16 LIVERY SYSTEMS.

17 Section 1302(b) of the National Defense Authoriza18 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

19 Stat. 1948), as amended by section 1501(a) of the Na20 tional Defense Authorization Act for Fiscal Year 2000

21 (Public Law 106–65; 113 Stat. 806), is further amended

22 by striking ‘‘the application of the limitation in effect

23 under paragraph (1)(B) or (3) of subsection (a), as the

24 case may be,’’ and inserting ‘‘the application of the limita-
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1 tion in effect under subsection (a) to a strategic nuclear

2 delivery system’’.

3 SEC. 1018. REPORT ON THE DEFEAT OF HARDENED AND

4 DEEPLY BURIED TARGETS.

5 (a) STUDY.—The Secretary of Defense shall, in con6 junction with the Secretary of Energy, conduct a study

7 relating to the defeat of hardened and deeply buried tar8 gets. Under the study, the Secretaries shall—

9 (1) review the requirements and current and fu10 ture plans for hardened and deeply buried targets

11 and agent defeat weapons concepts and activities;

12 (2) determine if those plans adequately address

13 all requirements;

14 (3) identify potential future hardened and deep15 ly buried targets and other related targets;

16 (4) determine what resources and research and

17 development efforts are needed to defeat the targets

18 identified under paragraph (3) as well as other

19 agent defeat requirements;

20 (5) assess both current and future options to

21 defeat hardened and deeply buried targets as well as

22 agent defeat weapons concepts, including any limited

23 research and development that may be necessary to

24 conduct such assessment; and
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1 (6) determine the capability and cost of each

2 option.

3 (b) REPORT.—The Secretary of Defense shall submit

4 to the congressional defense committees a report on the

5 results of the study required by subsection (a) not later

6 than July 1, 2001.

7 Subtitle D—Miscellaneous

8 Reporting Requirements

9 SEC. 1021. ANNUAL REPORT OF THE CHAIRMAN OF THE

10 JOINT CHIEFS OF STAFF ON COMBATANT

11 COMMAND REQUIREMENTS.

12 (a) ADDITIONAL COMPONENT.—Section 153(d)(1) of

13 title 10, United States Code, is amended by adding at the

14 end the following:

15 ‘‘(C) The extent to which the future-years de16 fense program (under section 221 of this title) ad17 dresses the requirements on the consolidated lists.’’.

18 (b) APPLICABILITY TO REPORTS AFTER FISCAL

19 YEAR 2000.—Subparagraph (C) of paragraph (1) of sec20 tion 153(d) of title 10, United States Code (as added by

21 subsection (a)), shall apply to reports submitted to Con22 gress under such section after fiscal year 2000.
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1 SEC. 1022. SEMIANNUAL REPORT ON JOINT REQUIRE2 MENTS OVERSIGHT COUNCIL.

3 (a) SEMIANNUAL REPORT.—The Chairman of the

4 Joints Chiefs of Staff shall submit to the congressional

5 defense committees a semiannual report on the activities

6 of the Joint Requirements Oversight Council. The prin7 cipal purpose of the report is to inform the committees

8 of the progress made in the reforming and refocusing of

9 the Joint Requirements Oversight Council process during

10 the period covered by the report.

11 (b) CONTENT.—The report for a half of a fiscal year

12 shall include the following:

13 (1) A listing and justification for each of the

14 distinct capability areas selected by the Chairman of

15 the Joints Chiefs of Staff as being within the prin16 cipal domain of the Joint Requirements Oversight

17 Council.

18 (2) A listing of the joint requirements devel19 oped, considered, or approved within each of the ca20 pability areas.

21 (3) A listing and explanation of the decisions

22 made by the Joint Requirements Oversight Council,

23 together with a delineation of each decision that was

24 made in disagreement with a position advocated by

25 the Commander in Chief, United States Joint

26 Forces Command, as the chief proponent of the re-
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1 quirements identified by the commanders of the uni2 fied and specified combatant commands.

3 (4) An assessment of the progress made in ele4 vating the Joint Requirements Oversight Council to

5 a more strategic focus on future war fighting re6 quirements, integration of requirements, and devel7 opment of overarching common architectures.

8 (5) A summation and assessment of the role

9 and impact of joint experimentation on the processes

10 and decisions for defining joint requirements, for de11 fining requirements of each of the Armed Forces in12 dividually, for managing acquisitions by Defense

13 Agencies, and for managing acquisitions by the mili14 tary departments.

15 (6) A description of any procedural actions that

16 have been taken to improve the Joint Requirements

17 Oversight Council.

18 (7) Any recommendations for legislation or for

19 providing additional resources that the Chairman

20 considers necessary in order fully to refocus and re21 form the processes of the Joint Requirements Over22 sight Council.

23 (c) DATES FOR SUBMISSION.—(1) The semiannual

24 report for the half of a fiscal year ending on March 31
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1 of a year shall be submitted not later than August 31 of

2 that year.

3 (2) The semiannual report for the half of a fiscal year

4 ending on September 30 of a year shall be submitted not

5 later than February 28 of the following year.

6 (3) The first semiannual report shall be submitted

7 not later than February 28, 2001, and shall cover the last

8 half of fiscal year 2000.

9 SEC. 1023. PREPAREDNESS OF MILITARY INSTALLATION

10 FIRST RESPONDERS FOR INCIDENTS INVOLV11 ING WEAPONS OF MASS DESTRUCTION.

12 (a) REQUIREMENT FOR REPORT.—Not later than 90

13 days after the date of the enactment of this Act, the Sec14 retary of Defense shall submit to Congress a report on

15 the program of the Department of Defense to ensure the

16 preparedness of the first responders of the Department

17 of Defense for incidents involving weapons of mass de18 struction on installations of the Department of Defense.

19 (b) CONTENT OF REPORT.—The report shall include

20 the following:

21 (1) A detailed description of the overall pre22 paredness program.

23 (2) The schedule and costs associated with the

24 implementation of the program.
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1 (3) The Department’s plan for coordinating the

2 preparedness program with responders in the com3 munities in the localities of the installations.

4 (4) The Department’s plan for promoting the

5 interoperability of the equipment used by the instal6 lation first responders referred to in subsection (a)

7 with the equipment used by the first responders in

8 those communities.

9 (c) DEFINITIONS.—In this section:

10 (1) The term ‘‘first responder’’ means an orga11 nization responsible for responding to an incident in12 volving a weapon of mass destruction.

13 (2) The term ‘‘weapon of mass destruction’’ has

14 the meaning given that term in section 1403(1) of

15 the Defense Against Weapons of Mass Destruction

16 Act of 1996 (50 U.S.C. 2302(1)).

17 SEC. 1024. DATE OF SUBMITTAL OF REPORTS ON SHORT18 FALLS IN EQUIPMENT PROCUREMENT AND

19 MILITARY CONSTRUCTION FOR THE RE20 SERVE COMPONENTS IN FUTURE-YEARS DE21 FENSE PROGRAMS.

22 Section 10543(c) of title 10, United States Code, is

23 amended by adding at the end the following new para24 graph:
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1 ‘‘(3) A report required under paragraph (1) for a fis2 cal year shall be submitted not later than 15 days after

3 the date on which the President submits to Congress the

4 budget for such fiscal year under section 1105(a) of title

5 31.’’.

6 SEC. 1025. MANAGEMENT REVIEW OF DEFENSE LOGISTICS

7 AGENCY.

8 (a) COMPTROLLER GENERAL REVIEW REQUIRED.—

9 The Comptroller General shall review each operation of

10 the Defense Logistics Agency—

11 (1) to assess—

12 (A) the efficiency of the operation;

13 (B) the effectiveness of the operation in

14 meeting customer requirements; and

15 (C) the flexibility of the operation to adopt

16 best business practices; and

17 (2) to identify alternative approaches for im18 proving the operations of the agency.

19 (b) REPORT.—Not later than February 1, 2002, the

20 Comptroller General shall submit to the Committees on

21 Armed Services of the Senate and the House of Represent22 atives 1 or more reports setting forth the Comptroller

23 General’s findings resulting from the review.
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1 SEC. 1026. MANAGEMENT REVIEW OF DEFENSE INFORMA2 TION SYSTEMS AGENCY.

3 (a) COMPTROLLER GENERAL REVIEW REQUIRED.—

4 The Comptroller General shall review each operation of

5 the Defense Information Systems Agency—

6 (1) to assess—

7 (A) the efficiency of the operation;

8 (B) the effectiveness of the operation in

9 meeting customer requirements; and

10 (C) the flexibility of the operation to adopt

11 best business practices; and

12 (2) to identify alternative approaches for im13 proving the information systems of the Department

14 of Defense.

15 (b) REPORT.—Not later than February 1, 2002, the

16 Comptroller General shall submit to the Committees on

17 Armed Services of the Senate and the House of Represent18 atives one or more reports setting forth the Comptroller

19 General’s findings resulting from the review.

20 Subtitle E—Information Security

21 SEC. 1041. INSTITUTE FOR DEFENSE COMPUTER SECURITY

22 AND INFORMATION PROTECTION.

23 (a) ESTABLISHMENT.—The Secretary of Defense

24 shall establish an Institute for Defense Computer Security

25 and Information Protection.
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1 (b) MISSION.—The Secretary shall require the

2 institute—

3 (1) to conduct research and technology develop4 ment that is relevant to foreseeable computer and

5 network security requirements and information as6 surance requirements of the Department of Defense

7 with a principal focus on areas not being carried out

8 by other organizations in the private or public sec9 tor; and

10 (2) to facilitate the exchange of information re11 garding cyberthreats, technology, tools, and other

12 relevant issues between government and nongovern13 ment organizations and entities.

14 (c) CONTRACTOR OPERATION.—The Secretary shall

15 enter into a contract with a not-for-profit entity or consor16 tium of not-for-profit entities to organize and operate the

17 institute. The Secretary shall use competitive procedures

18 for the selection of the contractor to the extent determined

19 necessary by the Secretary.

20 (d) FUNDING.—Of the amounts authorized to be ap21 propriated under section 301(5), $10,000,000 shall be

22 available for the Institute for Defense Computer Security

23 and Information Protection.
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1 (e) REPORT.—Not later than April 1, 2001, the Sec2 retary shall submit to the congressional defense commit3 tees the Secretary’s plan for implementing this section.

4 SEC. 1042. INFORMATION SECURITY SCHOLARSHIP PRO5 GRAM.

6 (a) ESTABLISHMENT OF PROGRAM.—(1) Part III of

7 subtitle A of title 10, United States Code, is amended by

8 adding at the end the following:

9 ‘‘CHAPTER 112—OTHER EDUCATIONAL

10 ASSISTANCE PROGRAMS

‘‘Sec.

‘‘2200. Information security scholarship program.

11 ‘‘§ 2200. Information security scholarship program

12 ‘‘(a) ESTABLISHMENT.—To encourage the recruit13 ment and retention of Department of Defense personnel

14 who have the computer and network security skills nec15 essary to meet Department of Defense information assur16 ance requirements, the Secretary of Defense may establish

17 a program to provide educational assistance in accordance

18 with this section to persons pursuing a program of edu19 cation in disciplines relevant to those requirements.

20 ‘‘(b) ELIGIBLE PERSONS.—The Secretary may pro21 vide educational assistance under the program for pursuit

22 of a baccalaureate or advanced degree in a discipline re23 ferred to in subsection (a) at an institution of higher edu-
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1 cation by a person entering into an agreement with the

2 Secretary of Defense as described in subsection (c).

3 ‘‘(c) SERVICE AGREEMENT.—(1) To receive edu4 cational assistance under this section—

5 ‘‘(A) a member of the armed forces shall enter

6 into an agreement to serve on active duty in the

7 member’s armed force for the period of obligated

8 service determined under paragraph (2);

9 ‘‘(B) an employee of the Department of De10 fense shall enter into an agreement to continue in

11 the employment of the department for the period of

12 obligated service determined under paragraph (2);

13 and

14 ‘‘(C) a person not referred to in subparagraph

15 (A) or (B) shall enter into an agreement—

16 ‘‘(i) to enlist or accept a commission in one

17 of the armed forces and to serve on active duty

18 in that armed force for the period of obligated

19 service determined under paragraph (2); or

20 ‘‘(ii) to accept and continue employment in

21 the Department of Defense for the period of ob22 ligated service determined under paragraph (2).

23 ‘‘(2) For the purposes of this subsection, the period

24 of obligated service for a recipient of educational assist25 ance under this section is one year for each academic year
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1 (or fraction thereof) for which educational assistance is

2 provided. The period of obligated service is in addition to

3 any other period for which the recipient is obligated to

4 serve on active duty or in the civil service, as the case

5 may be.

6 ‘‘(3) An agreement entered into under this section by

7 a person pursuing an academic degree shall include

8 clauses that provide the following:

9 ‘‘(A) That the period of obligated service begins

10 on a date after the award of the degree that is de11 termined under the regulations prescribed under

12 subsection (g).

13 ‘‘(B) That the person will maintain satisfactory

14 academic progress, as determined in accordance with

15 the regulations prescribed under subsection (g), and

16 that failure to maintain such progress constitutes

17 grounds for termination of the educational assist18 ance provided the person under this section.

19 ‘‘(C) Any other terms and conditions that the

20 Secretary of Defense determines appropriate for car21 rying out this section.

22 ‘‘(d) AMOUNT OF ASSISTANCE.—The amount of the

23 educational assistance provided for a person under this

24 section shall be the amount determined by the Secretary

25 of Defense as being necessary to pay all educational ex-
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1 penses incurred by that person, including tuition, fees,

2 books, and laboratory expenses, but not including expenses

3 for room and board. The expense paid, however, shall be

4 limited to those educational expenses normally incurred by

5 students at the institution of higher education involved.

6 ‘‘(e) REFUND FOR PERIOD OF UNSERVED OBLI7 GATED SERVICE.—(1) A person who voluntarily termi8 nates service before the end of the period of obligated serv9 ice required under an agreement entered into under sub10 section (c) shall refund to the United States an amount

11 that bears the same ratio to the amount of the educational

12 assistance paid for the person as the unserved part of such

13 period bears to the total period.

14 ‘‘(2) An obligation to reimburse the United States

15 imposed under paragraph (1) is for all purposes a debt

16 owed to the United States.

17 ‘‘(3) The Secretary of Defense may waive, in whole

18 or in part, a refund required under paragraph (1) if the

19 Secretary determines that recovery would be against eq20 uity and good conscience or would be contrary to the best

21 interests of the United States.

22 ‘‘(f) EFFECT OF DISCHARGE IN BANKRUPTCY.—A

23 discharge in bankruptcy under title 11 that is entered less

24 than 5 years after the termination of an agreement under

25 this section does not discharge the person signing such
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1 agreement from a debt arising under such agreement or

2 under subsection (e).

3 ‘‘(g) REGULATIONS.—The Secretary of Defense shall

4 prescribe regulations for the administration of any pro5 gram established under this section.

6 ‘‘(h) INAPPLICABILITY TO COAST GUARD.—This sec7 tion does not apply to the Coast Guard when it is not

8 operating as a service in the Navy.

9 ‘‘(i) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘information assurance’ includes

11 the following:

12 ‘‘(A) Computer security.

13 ‘‘(B) Network security.

14 ‘‘(C) Any other information technology

15 that the Secretary of Defense considers related

16 to information assurance.

17 ‘‘(2) The term ‘institution of higher education’

18 has the meaning given the term in section 101 of the

19 Higher Education Act of 1965 (20 U.S.C. 1001).’’.

20 (2) The tables of chapters at the beginning of subtitle

21 A of title 10, United States Code, and the beginning of

22 part III of such subtitle are amended by inserting after

23 the item relating to chapter 111 the following:

‘‘112. Other Educational Assistance Programs ........................................ 2200’’.

24 (b) FUNDING.—Of the amount authorized to be ap25 propriated under section 301(5), $20,000,000 shall be
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1 available for carrying out an information security scholar2 ship program under section 2200 of title 10, United States

3 Code (as added by subsection (a)).

4 (c) REPORT.—Not later than April 1, 2001, the Sec5 retary of Defense shall submit to the congressional defense

6 committees a plan for implementing an information secu7 rity scholarship program under section 2200 of title 10,

8 United States Code.

9 SEC. 1043. PROCESS FOR PRIORITIZING BACKGROUND IN10 VESTIGATIONS FOR SECURITY CLEARANCES

11 FOR DEPARTMENT OF DEFENSE PERSONNEL.

12 (a) ESTABLISHMENT OF PROCESS.—Chapter 80 of

13 title 10, United States Code, is amended by adding at the

14 end the following:

15 ‘‘§ 1563. Security clearance investigations

16 ‘‘(a) EXPEDITED PROCESS.—The Secretary of De17 fense shall prescribe a process for expediting the comple18 tion of the background investigations necessary for grant19 ing security clearances for Department of Defense per20 sonnel who are engaged in sensitive duties that are critical

21 to the national security.

22 ‘‘(b) REQUIRED FEATURES.—The process developed

23 under subsection (a) shall provide for the following:

24 ‘‘(1) Quantification of the requirements for

25 background investigations necessary for grants of se-
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1 curity clearances for Department of Defense per2 sonnel.

3 ‘‘(2) Categorization of personnel on the basis of

4 the degree of sensitivity of their duties and the ex5 tent to which those duties are critical to the national

6 security.

7 ‘‘(3) Prioritization of the processing of back8 ground investigations on the basis of the categories

9 of personnel.

10 ‘‘(c) ANNUAL REVIEW.—The Secretary shall review,

11 each year, the process prescribed under subsection (a) and

12 shall revise it as determined necessary in relation to ongo13 ing Department of Defense missions.

14 ‘‘(d) CONSULTATION REQUIREMENT.—The Secretary

15 shall consult with the Secretaries of the military depart16 ments and the heads of Defense Agencies in carrying out

17 this section.

18 ‘‘(e) SENSITIVE DUTIES.—For the purposes of this

19 section, it is not necessary for the performance of duties

20 to involve classified activities or classified matters in order

21 for the duties to be considered sensitive and critical to the

22 national security.’’.

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

24 at the beginning of such chapter is amended by adding

25 at the end the following:

‘‘1563. Security clearance investigations.’’.
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1 SEC. 1044. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE

2 INFORMATION FROM PUBLIC DISCLOSURE.

3 (a) IN GENERAL.—Chapter 3 of title 10, United

4 States Code, is amended by inserting after section 130b

5 the following new section:

6 ‘‘§ 130c. Nondisclosure of information: certain sen7 sitive information of foreign governments

8 and international organizations

9 ‘‘(a) EXEMPTION FROM DISCLOSURE.—The national

10 security official concerned (as defined in subsection (g))

11 may withhold from public disclosure otherwise required by

12 law sensitive information of foreign governments in ac13 cordance with this section.

14 ‘‘(b) INFORMATION ELIGIBLE FOR EXEMPTION.—

15 For the purposes of this section, information is sensitive

16 information of a foreign government only if the national

17 security official concerned makes each of the following de18 terminations with respect to the information:

19 ‘‘(1) That the information was provided by, oth20 erwise made available by, or produced in cooperation

21 with, a foreign government or international organi22 zation.

23 ‘‘(2) That the foreign government or inter24 national organization is withholding the information

25 from public disclosure (relying for that determina-
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1 tion on the written representation of the foreign gov2 ernment or international organization to that effect).

3 ‘‘(3) That any of the following conditions are

4 met:

5 ‘‘(A) The foreign government or inter6 national organization requests, in writing, that

7 the information be withheld.

8 ‘‘(B) The information was provided or

9 made available to the United States Govern10 ment on the condition that it not be released to

11 the public.

12 ‘‘(C) The information is an item of infor13 mation, or is in a category of information, that

14 the national security official concerned has

15 specified in regulations prescribed under sub16 section (f) as being information the release of

17 which would have an adverse effect on the abil18 ity of the United States Government to obtain

19 the same or similar information in the future.

20 ‘‘(c) INFORMATION OF OTHER AGENCIES.—If the na21 tional security official concerned provides to the head of

22 another agency sensitive information of a foreign govern23 ment, as determined by that national security official

24 under subsection (b), and informs the head of the other

25 agency of that determination, then the head of the other
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1 agency shall withhold the information from any public dis2 closure unless that national security official specifically

3 authorizes the disclosure.

4 ‘‘(d) LIMITATIONS.—(1) If a request for disclosure

5 covers any sensitive information of a foreign government

6 (as described in subsection (b)) that came into the posses7 sion or under the control of the United States Government

8 before the date of the enactment of the National Defense

9 Authorization Act for Fiscal Year 2001 and more than

10 25 years before the request is received by an agency, the

11 information may be withheld only as set forth in para12 graph (3).

13 ‘‘(2)(A) If a request for disclosure covers any sen14 sitive information of a foreign government (as described

15 in subsection (b)) that came into the possession or under

16 the control of the United States Government on or after

17 the date referred to in paragraph (1), the authority to

18 withhold the information under this section is subject to

19 the provisions of subparagraphs (B) and (C).

20 ‘‘(B) Information referred to in subparagraph (A)

21 may not be withheld under this section after—

22 ‘‘(i) the date that is specified by a foreign gov23 ernment or international organization in a request

24 or expression of a condition described in paragraph

25 (1) or (2) of subsection (b) that is made by the for-
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1 eign government or international organization con2 cerning the information; or

3 ‘‘(ii) if there are more than one such foreign

4 governments or international organizations, the lat5 est date so specified by any of them.

6 ‘‘(C) If no date is applicable under subparagraph (B)

7 to a request referred to in subparagraph (A) and the infor8 mation referred to in that subparagraph came into posses9 sion or under the control of the United States more than

10 10 years before the date on which the request is received

11 by an agency, the information may be withheld under this

12 section only as set forth in paragraph (3).

13 ‘‘(3) Information referred to in paragraph (1) or

14 (2)(C) may be withheld under this section in the case of

15 a request for disclosure only if, upon the notification of

16 each foreign government and international organization

17 concerned in accordance with the regulations prescribed

18 under subsection (g)(2), any such government or organiza19 tion requests in writing that the information not be dis20 closed for an additional period stated in the request of

21 that government or organization. After the national secu22 rity official concerned considers the request of the foreign

23 government or international organization, the official shall

24 designate a later date as the date after which the informa25 tion is not to be withheld under this section. The later
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1 date may be extended in accordance with a later request

2 of any such foreign government or international organiza3 tion under this paragraph.

4 ‘‘(e) INFORMATION PROTECTED UNDER OTHER AU5 THORITY.—This section does not apply to information or

6 matters that are specifically required in the interest of na7 tional defense or foreign policy to be protected against un8 authorized disclosure under criteria established by an Ex9 ecutive order and are classified, properly, at the confiden10 tial, secret, or top secret level pursuant to such Executive

11 order.

12 ‘‘(f) DISCLOSURES NOT AFFECTED.—Nothing in this

13 section shall be construed to authorize any official to with14 hold, or to authorize the withholding of, information from

15 the following:

16 ‘‘(1) Congress.

17 ‘‘(2) The Comptroller General, unless the infor18 mation relates to activities that the President des19 ignates as foreign intelligence or counterintelligence

20 activities.

21 ‘‘(g) REGULATIONS.—(1) The national security offi22 cials referred to in subsection (h)(1) shall each prescribe

23 regulations to carry out this section. The regulations shall

24 include criteria for making the determinations required

25 under subsection (b). The regulations may provide for con-
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1 trols on access to and use of, and special markings and

2 specific safeguards for, a category or categories of infor3 mation subject to this section.

4 ‘‘(2) The regulations shall include procedures for no5 tifying and consulting with each foreign government or

6 international organization concerned about requests for

7 disclosure of information to which this section applies.

8 ‘‘(h) DEFINITIONS.—In this section:

9 ‘‘(1) The term ‘national security official con10 cerned’ means the following:

11 ‘‘(A) The Secretary of Defense, with re12 spect to information of concern to the Depart13 ment of Defense, as determined by the Sec14 retary.

15 ‘‘(B) The Secretary of Transportation,

16 with respect to information of concern to the

17 Coast Guard, as determined by the Secretary,

18 but only while the Coast Guard is not operating

19 as a service in the Navy.

20 ‘‘(C) The Secretary of Energy, with re21 spect to information concerning the national se22 curity programs of the Department of Energy,

23 as determined by the Secretary.

24 ‘‘(2) The term ‘agency’ has the meaning given

25 that term in section 552(f) of title 5.
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1 ‘‘(3) The term ‘international organization’

2 means the following:

3 ‘‘(A) A public international organization

4 designated pursuant to section 1 of the Inter5 national Organizations Immunities Act (59

6 Stat. 669; 22 U.S.C. 288) as being entitled to

7 enjoy the privileges, exemptions, and immuni8 ties provided in such Act.

9 ‘‘(B) A public international organization

10 created pursuant to a treaty or other inter11 national agreement as an instrument through

12 or by which two or more foreign governments

13 engage in some aspect of their conduct of inter14 national affairs.

15 ‘‘(C) An official mission, except a United

16 States mission, to a public international organi17 zation referred to in subparagraph (A) or (B).’’.

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

19 at the beginning of such chapter is amended by inserting

20 after the item relating to section 130b the following new

21 item:

‘‘130c. Nondisclosure of information: certain sensitive information of foreign

governments and international organizations.’’.
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1 SEC. 1045. PROTECTION OF OPERATIONAL FILES OF THE

2 DEFENSE INTELLIGENCE AGENCY.

3 (a) AUTHORITY.—Subchapter I of chapter 21 of title

4 10, United States Code, is amended by adding at the end

5 the following:

6 ‘‘§ 426. Protection of sensitive information: oper7 ational files of the Defense Intelligence

8 Agency

9 ‘‘(a) AUTHORITY TO WITHHOLD OPERATIONAL

10 FILES.—The Secretary of Defense may withhold from

11 public disclosure operational files described in subsection

12 (b) to the same extent that operational files may be with13 held under section 701 of the National Security Act of

14 1947 (50 U.S.C. 431), subject to judicial review under the

15 same circumstances and to the same extent as is provided

16 in subsection (f) of such section.

17 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER18 ATIONAL FILES.—Section 702 of the National Security

19 Act of 1947 (50 U.S.C. 432), setting forth requirements

20 for decennial review of exemptions from public disclosure

21 and related provisions for judicial review shall apply with

22 respect to the exemptions from public disclosure that are

23 in force under subsection (a), subject to the following re24 quirements:

25 ‘‘(1) The Secretary of Defense shall conduct the

26 decennial review under this subsection.
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1 ‘‘(2) In the application of the judicial review

2 provisions under subsection (c) of such section

3 702—

4 ‘‘(A) the references to the Central Intel5 ligence Agency shall be deemed to refer to the

6 Secretary of Defense; and

7 ‘‘(B) the reference in paragraph (1) of that

8 subsection to the period for the first review

9 shall be deemed to refer to the 10-year period

10 beginning on the day after the date of the en11 actment of the National Defense Authorization

12 Act for Fiscal Year 2001.

13 ‘‘(c) OPERATIONAL FILES DEFINED.—In this sec14 tion, the term ‘operational files’ has the meaning given

15 that term in section 701(b) of the National Security Act

16 of 1947 (50 U.S.C. 431(b)), except that the references to

17 elements of the Central Intelligence Agency do not

18 apply.’’.

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

20 at the beginning of such subchapter is amended by adding

21 at the end the following:

‘‘426. Protection of sensitive information: operational files of the Defense Intelligence Agency.’’.
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1 Subtitle F—Other Matters

2 SEC. 1051. COMMEMORATION OF THE FIFTIETH ANNIVER3 SARY OF THE UNIFORM CODE OF MILITARY

4 JUSTICE.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The American military justice system pre8 dates the United States itself, having had a contin9 uous existence since the enactment of the first

10 American Articles of War by the Continental Con11 gress in 1775.

12 (2) Pursuant to article I of the Constitution,

13 which explicitly empowers Congress ‘‘To make Rules

14 for the Government and Regulation of the land and

15 naval Forces’’, Congress enacted the Articles of War

16 and an Act to Govern the Navy, which were revised

17 on several occasions between the ratification of the

18 Constitution and the end of World War II.

19 (3) Dissatisfaction with the administration of

20 military justice in World War I and World War II

21 led both to significant statutory reforms in the Arti22 cles of War and to the convening of a committee,

23 under Department of Defense auspices, to draft a

24 uniform code of military justice applicable to all of

25 the Armed Forces.
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1 (4) The committee, chaired by Professor Ed2 mund M. Morgan of Harvard Law School, made rec3 ommendations that formed the basis of bills intro4 duced in Congress to establish such a uniform code

5 of military justice.

6 (5) After lengthy hearings and debate on the

7 congressional proposals, the Uniform Code of Mili8 tary Justice was enacted into law on May 5, 1950,

9 when President Harry S. Truman signed the legisla10 tion.

11 (6) President Truman then issued a revised

12 Manual for Courts-Martial implementing the new

13 code, and the code became effective on May 31,

14 1951.

15 (7) One of the greatest innovations of the Uni16 form Code of Military Justice was the establishment

17 of a civilian court of appeals within the military jus18 tice system. That court, the United States Court of

19 Military Appeals (now the United States Court of

20 Appeals for the Armed Forces), held its first session

21 on July 25, 1951.

22 (8) Congress enacted major revisions of the

23 Uniform Code of Military Justice in 1968 and 1983

24 and, in addition, has amended the code from time to

25 time over the years as practice under the code indi-
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1 cated a need for updating the substance or proce2 dure of the law of military justice.

3 (9) The evolution of the system of military jus4 tice under the Uniform Code of Military Justice may

5 be traced in the decisions of the Courts of Criminal

6 Appeals of each of the Armed Forces and the deci7 sions of the United States Court of Appeals for the

8 Armed Forces. These courts have produced a unique

9 body of jurisprudence upon which commanders and

10 judge advocates rely in the performance of their du11 ties.

12 (10) It is altogether fitting that the fiftieth an13 niversary of the Uniform Code of Military Justice be

14 duly commemorated.

15 (b) COMMEMORATION.—The Congress—

16 (1) requests the President to issue a proclama17 tion commemorating the fiftieth anniversary of the

18 Uniform Code of Military Justice; and

19 (2) calls upon the Department of Defense, the

20 Armed Forces, and the United States Court of Ap21 peals for the Armed Forces to commemorate the oc22 casion with ceremonies and activities befitting its

23 importance.
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1 SEC. 1052. TECHNICAL CORRECTIONS.

2 (a) THRESHOLD DATE FOR EFFECTIVENESS OF

3 AGREEMENTS TO MAKE AN SBP ELECTION.—(1) Section

4 657(a)(1)(A) of the National Defense Authorization Act

5 for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 668;

6 10 U.S.C. 1450 note) is amended by striking ‘‘August 21,

7 1983’’ and inserting ‘‘August 19, 1983’’.

8 (2) The amendment made by paragraph (1) shall

9 take effect as of October 5, 1999, and shall apply as if

10 included in section 657(a)(1)(A) of Public Law 106–65

11 on that date.

12 (b) STATE OF INCORPORATION OF FLEET RESERVE

13 ASSOCIATION.—Sections 70102(a) and 70108(a) of title

14 36, United States Code, are amended by striking ‘‘Dela15 ware’’ and inserting ‘‘Pennsylvania’’.

16 SEC. 1053. ELIGIBILITY OF DEPENDENTS OF AMERICAN

17 RED CROSS EMPLOYEES FOR ENROLLMENT

18 IN DEPARTMENT OF DEFENSE DOMESTIC DE19 PENDENT SCHOOLS IN PUERTO RICO.

20 Section 2164 of title 10, United States Code, is

21 amended by adding at the end the following:

22 ‘‘(i) AMERICAN RED CROSS EMPLOYEE DEPEND23 ENTS IN PUERTO RICO.—(1) The Secretary of Defense

24 may authorize a dependent of an employee of the Amer25 ican Red Cross performing armed forces emergency serv26 ices in Puerto Rico to enroll in an educational program
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•S 2550 PCS

1 provided by the Secretary pursuant to subsection (a) in

2 Puerto Rico.

3 ‘‘(2) In determining the dependency status of any

4 person for the purposes of paragraph (1), the Secretary

5 shall apply the same definitions as apply to the determina6 tion of such status with respect to Federal employees in

7 the administration of this section.

8 ‘‘(3) The Secretary shall be paid for the educational

9 services and related items provided to a student under

10 paragraph (1). To determine the amount for educational

11 services, the Secretary shall allocate to the student a

12 share, considered appropriate by the Secretary, of the

13 costs of providing the educational program in which the

14 student is enrolled. The Secretary shall enter into such

15 agreements or take such other actions as the Secretary

16 determines necessary to ensure that the payments re17 quired under this paragraph are made.’’.

18 SEC. 1054. GRANTS TO AMERICAN RED CROSS FOR ARMED

19 FORCES EMERGENCY SERVICES.

20 (a) GRANTS AUTHORIZED.—The Secretary of De21 fense may, subject to subsection (b), make a grant to the

22 American Red Cross of up to $9,400,000 in each of fiscal

23 years 2001, 2002, and 2003 for the support of the Armed

24 Forces Emergency Services program of the American Red

25 Cross.
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1 (b) MATCHING REQUIREMENT.—A grant may not be

2 made for a fiscal year under subsection (a) until the Sec3 retary receives from the American Red Cross a certifi4 cation providing assurances satisfactory to the Secretary

5 that the American Red Cross will expend for the Armed

6 Forces Emergency Services program for that fiscal year

7 funds, derived from sources other than the Federal Gov8 ernment, in a total amount that equals or exceeds the

9 amount of the grant.

10 (c) FUNDING.—Of the amount authorized to be ap11 propriated by section 301 for operation and maintenance

12 for Defense-wide activities, $9,400,000 shall be available

13 for grants made under this section.

14 SEC. 1055. TRANSIT PASS PROGRAM FOR CERTAIN DEPART15 MENT OF DEFENSE PERSONNEL.

16 (a) ESTABLISHMENT OF PROGRAM.—To encourage

17 Department of Defense personnel in areas described in

18 subsection (b) to use means other than single-occupancy

19 motor vehicles to commute to or from work, the Secretary

20 of Defense shall exercise the authority provided in section

21 7905 of title 5, United States Code, to establish a program

22 to provide the personnel in such areas with a transit pass

23 benefit under subsection (b)(2)(A) of such section.

24 (b) COVERED AREAS.—The Secretary shall establish

25 the program required by subsection (a) in the areas which
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1 do not meet the revised national ambient air quality stand2 ards under section 109 of the Clean Air Act (42 U.S.C.

3 7409).

4 (c) TIME FOR IMPLEMENTATION.—The Secretary

5 shall prescribe the effective date for the program required

6 under subsection (a). The effective date so prescribed may

7 not be later than the first day of the first month that be8 gins on or after the date that is 180 days after the date

9 of the enactment of this Act.

10 SEC. 1056. FEES FOR PROVIDING HISTORICAL INFORMA11 TION TO THE PUBLIC.

12 (a) ARMY.—(1) Chapter 437 of title 10, United

13 States Code, is amended by adding at the end the fol14 lowing:

15 ‘‘§ 4595. Army Military History Institute: fee for pro16 viding historical information to the pub17 lic

18 ‘‘(a) AUTHORITY.—Except as provided in subsection

19 (b), the Secretary of the Army may charge a person a fee

20 for providing the person with information from the United

21 States Army Military History Institute that is requested

22 by that person.

23 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

24 this section—
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1 ‘‘(1) to a person for information that the person

2 requests to carry out a duty as a member of the

3 armed forces or an officer or employee of the United

4 States; or

5 ‘‘(2) for a release of information under section

6 552 of title 5.

7 ‘‘(c) LIMITATION ON AMOUNT.—A fee charged for

8 providing information under this section may not exceed

9 the cost of providing the information.

10 ‘‘(d) RETENTION OF FEES.—Amounts received under

11 subsection (a) for providing information in any fiscal year

12 shall be credited to the appropriation or appropriations

13 charged the costs of providing information to the public

14 from the United States Army Military History Institute

15 during that fiscal year.

16 ‘‘(e) DEFINITIONS.—In this section:

17 ‘‘(1) The term ‘United States Army Military

18 History Institute’ means the archive for historical

19 records and materials of the Army that the Sec20 retary of the Army designates as the primary ar21 chive for such records and materials.

22 ‘‘(2) The terms ‘officer of the United States’

23 and ‘employee of the United States’ have the mean24 ings given the terms ‘officer’ and ‘employee’, respec-
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1 tively, in sections 2104 and 2105, respectively, of

2 title 5.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following:

‘‘4595. Army Military History Institute: fee for providing historical information

to the public.’’.

5 (b) NAVY.—(1) Chapter 649 of such title 10 is

6 amended by adding at the end the following new section:

7 ‘‘§ 7582. Naval and Marine Corps Historical Centers:

8 fee for providing historical information

9 to the public

10 ‘‘(a) AUTHORITY.—Except as provided in subsection

11 (b), the Secretary of the Navy may charge a person a fee

12 for providing the person with information from the United

13 States Naval Historical Center or the Marine Corps His14 torical Center that is requested by that person.

15 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

16 this section—

17 ‘‘(1) to a person for information that the person

18 requests to carry out a duty as a member of the

19 armed forces or an officer or employee of the United

20 States; or

21 ‘‘(2) for a release of information under section

22 552 of title 5.
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1 ‘‘(c) LIMITATION ON AMOUNT.—A fee charged for

2 providing information under this section may not exceed

3 the cost of providing the information.

4 ‘‘(d) RETENTION OF FEES.—Amounts received under

5 subsection (a) for providing information from the United

6 States Naval Historical Center or the Marine Corps His7 torical Center in any fiscal year shall be credited to the

8 appropriation or appropriations charged the costs of pro9 viding information to the public from that historical center

10 during that fiscal year.

11 ‘‘(e) DEFINITIONS.—In this section:

12 ‘‘(1) The term ‘United States Naval Historical

13 Center’ means the archive for historical records and

14 materials of the Navy that the Secretary of the Navy

15 designates as the primary archive for such records

16 and materials.

17 ‘‘(2) The term ‘Marine Corps Historical Center’

18 means the archive for historical records and mate19 rials of the Marine Corps that the Secretary of the

20 Navy designates as the primary archive for such

21 records and materials.

22 ‘‘(3) The terms ‘officer of the United States’

23 and ‘employee of the United States’ have the mean24 ings given the terms ‘officer’ and ‘employee’, respec-
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1 tively, in sections 2104 and 2105, respectively, of

2 title 5.’’.

3 (2) The heading of such chapter is amended by strik4 ing ‘‘RELATED’’.

5 (3)(A) The table of sections at the beginning of such

6 chapter is amended by adding at the end the following

7 new item:

‘‘7582. Naval and Marine Corps Historical Centers: fee for providing historical

information to the public.’’.

8 (B) The item relating to such chapter in the tables

9 of chapters at the beginning of subtitle C of title 10,

10 United States Code, and the beginning of part IV of such

11 subtitle is amended by striking out ‘‘Related’’.

12 (c) AIR FORCE.—(1) Chapter 937 of title 10, United

13 States Code, is amended by adding at the end the fol14 lowing new section:

15 ‘‘§ 9594. Air Force Military History Institute: fee for

16 providing historical information to the

17 public

18 ‘‘(a) AUTHORITY.—Except as provided in subsection

19 (b), the Secretary of the Air Force may charge a person

20 a fee for providing the person with information from the

21 United States Air Force Military History Institute that

22 is requested by that person.

23 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

24 this section—
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1 ‘‘(1) to a person for information that the person

2 requests to carry out a duty as a member of the

3 armed forces or an officer or employee of the United

4 States; or

5 ‘‘(2) for a release of information under section

6 552 of title 5.

7 ‘‘(c) LIMITATION ON AMOUNT.—A fee charged for

8 providing information under this section may not exceed

9 the cost of providing the information.

10 ‘‘(d) RETENTION OF FEES.—Amounts received under

11 subsection (a) for providing information in any fiscal year

12 shall be credited to the appropriation or appropriations

13 charged the costs of providing information to the public

14 from the United States Air Force Military History Insti15 tute during that fiscal year.

16 ‘‘(e) DEFINITIONS.—In this section:

17 ‘‘(1) The term ‘United States Air Force Mili18 tary History Institute’ means the archive for histor19 ical records and materials of the Air Force that the

20 Secretary of the Air Force designates as the primary

21 archive for such records and materials.

22 ‘‘(2) The terms ‘officer of the United States’

23 and ‘employee of the United States’ have the mean24 ings given the terms ‘officer’ and ‘employee’, respec-
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1 tively, in sections 2104 and 2105, respectively, of

2 title 5.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following

5 new item:

‘‘9594. Air Force Military History Institute: fee for providing historical information to the public.’’.

6 SEC. 1057. ACCESS TO CRIMINAL HISTORY RECORD INFOR7 MATION FOR NATIONAL SECURITY PUR8 POSES.

9 (a) CONDITIONS FOR AVAILABILITY OF INFORMA10 TION.—Subsection (b) of section 9101 of title 5, United

11 States Code, is amended—

12 (1) by striking paragraph (3);

13 (2) by redesignating paragraph (2) as para14 graph (4);

15 (3) in paragraph (1)—

16 (A) in the first sentence—

17 (i) by inserting ‘‘the Department of

18 Transportation,’’ after ‘‘the Department of

19 State,’’; and

20 (ii) by inserting ‘‘the following:’’ after

21 ‘‘eligibility for’’; and

22 (B) by striking ‘‘(A) access to classified in23 formation’’ and all that follows through the end

24 of the paragraph and inserting the following:
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1 ‘‘(A) Access to classified information.

2 ‘‘(B) Assignment to or retention in sensitive na3 tional security duties.

4 ‘‘(C) Acceptance or retention in the armed

5 forces.

6 ‘‘(D) Appointment, retention, or assignment to

7 a position of public trust or a critical or sensitive po8 sition while either employed by the Federal Govern9 ment or performing a Federal Government contract.

10 ‘‘(2) If the criminal justice agency possesses the capa11 bility to provide automated criminal history record infor12 mation based on a search of its records by name and other

13 common identifiers, the agency shall provide the requester

14 with full criminal history record information for individ15 uals who meet the matching criteria.

16 ‘‘(3) Fees, if any, charged for providing criminal his17 tory record information pursuant to this subsection may

18 not exceed the reasonable cost of providing such informa19 tion through an automated name search.’’; and

20 (4) by adding at the end the following:

21 ‘‘(5) A criminal justice agency may not require, as

22 a condition for the release of criminal history record infor23 mation under this subsection, that any official of a depart24 ment or agency named in paragraph (1) enter into an

25 agreement with a State or local government to indemnify
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1 and hold harmless the State or locality for damages, costs,

2 or other monetary loss arising from the disclosure or use

3 by that department or agency of criminal history record

4 information obtained from the State or local government

5 pursuant to this subsection.’’.

6 (b) USE OF AUTOMATED INFORMATION DELIVERY

7 SYSTEMS.—Such section is further amended—

8 (1) by redesignating subsection (e) as sub9 section (f); and

10 (2) by inserting after subsection (d) the fol11 lowing new subsection (e):

12 ‘‘(e)(1) Automated information delivery systems shall

13 be used to provide criminal history record information a

14 department or agency under subsection (b) whenever

15 available.

16 ‘‘(2) Fees, if any, charged for automated access

17 through such systems may not exceed the reasonable cost

18 of providing such access.

19 ‘‘(3) The criminal justice agency providing the crimi20 nal history record information through such systems may

21 not limit disclosure on the basis that the repository is

22 accessed from outside the State.

23 ‘‘(4) Information provided through such systems shall

24 be the full and complete criminal history record.
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1 ‘‘(5) Criminal justice agencies shall accept and re2 spond to requests for criminal history record information

3 through such systems with printed or photocopied records

4 when requested.’’.

5 SEC. 1058. SENSE OF CONGRESS ON THE NAMING OF THE

6 CVN–77 AIRCRAFT CARRIER.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) Over the last three decades Congress has

10 authorized and appropriated funds for a total of 10

11 ‘‘NIMITZ’’ class aircraft carriers.

12 (2) The last vessel in the ‘‘NIMITZ’’ class of

13 aircraft carriers, CVN–77, is currently under con14 struction and will be delivered in 2008.

15 (3) The first nine vessels in this class bear the

16 following proud names:

17 (A) U.S.S. Nimitz (CVN–68).

18 (B) U.S.S. Dwight D. Eisenhower (CVN–

19 69).

20 (C) U.S.S. Carl Vinson (CVN–70).

21 (D) U.S.S. Theodore Roosevelt (CVN–71).

22 (E) U.S.S. Abraham Lincoln (CVN–72).

23 (F) U.S.S. George Washington (CVN–73).

24 (G) U.S.S. John C. Stennis (CVN–74).

25 (H) U.S.S. Harry S. Truman (CVN–75).
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1 (I) U.S.S. Ronald Reagan (CVN–76).

2 (4) It is appropriate for Congress to rec3 ommend to the President, as Commander in Chief of

4 the Armed Forces, an appropriate name for the final

5 vessel in the ‘‘NIMITZ’’ class of aircraft carriers.

6 (5) Over the last 25 years the vessels in the

7 ‘‘NIMITZ’’ class of aircraft carriers have served as

8 one of the principal means of United States diplo9 macy and as one of the principal means for the de10 fense of the United States and our allies around the

11 world.

12 (6) The name bestowed upon aircraft carrier

13 CVN–77 should embody the American spirit and

14 provide a lasting symbol of the American commit15 ment to freedom.

16 (7) The name ‘‘Lexington’ has been a symbol of

17 freedom from the first battle of the American Revo18 lution.

19 (8) The two aircraft carriers previously named

20 U.S.S. Lexington (the CV–2 and the CV–16) served

21 our Nation for 64 years, served in World War II,

22 and earned 13 battle stars.

23 (9) One of those honored vessels, the CV–2,

24 was lost after having given gallant fight at the Bat25 tle of Coral Sea in 1942.
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the CVN–77 aircraft carrier should be named

3 the ‘‘U.S.S. Lexington’’—

4 (1) in order to honor the men and women who

5 served in the Armed Forces of the United States

6 during World War II, and the incalculable number

7 of United States citizens on the home front during

8 that war, who mobilized in the name of freedom, and

9 who are today respectfully referred to as the ‘‘Great10 est Generation’’; and

11 (2) as a special tribute to the 16,000,000 vet12 erans of the Armed Forces who served on land, sea,

13 and air during World War II (of whom less than

14 6,000,000 remain alive today) and a lasting symbol

15 of their commitment to freedom as they pass on hav16 ing proudly taken their place in history.

17 SEC. 1059. DONATION OF CIVIL WAR CANNON.

18 (a) AUTHORITY.—The Secretary of the Army shall

19 convey all right, title, and interest of the United States

20 in and to the Civil War era cannon described in subsection

21 (b) to the Edward Dorr Tracey, Jr. Camp 18 of the Sons

22 of the Confederate Veterans.

23 (b) PROPERTY TO BE CONVEYED.—The cannon re24 ferred to in subsection (a) is a 12-pounder Napoleon can25 non bearing the following markings:
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1 (1) On the top: ‘‘CS’’.

2 (2) On the face of the muzzle: ‘‘Macon Arsenal,

3 1864/No.41/1164 ET’’.

4 (3) On the right trunnion: ‘‘Macon Arsenal

5 GEO/1864/No.41/WT.1164/E.T.’’.

6 (c) CONSIDERATION.—No consideration may be re7 quired by the Secretary for the conveyance of the cannon

8 under this section.

9 (d) ADDITIONAL TERMS AND CONDITIONS.—The

10 Secretary may require such additional terms and condi11 tions in connection with the conveyance under this section

12 as the Secretary considers appropriate to protect the inter13 ests of the United States.

14 (e) RELATIONSHIP TO OTHER LAW.—The convey15 ance required under this section may be carried out with16 out regard to the Act entitled ‘‘An Act for the preservation

17 of American antiquities’’, approved June 8, 1906 (34 Stat.

18 225; 16 U.S.C. 431 et seq.), popularly referred to as the

19 ‘‘Antiquities Act of 1906’’.

20 SEC. 1060. MAXIMUM SIZE OF PARCEL POST PACKAGES

21 TRANSPORTED OVERSEAS FOR ARMED

22 FORCES POST OFFICES.

23 Section 3401(b) of title 39, United States Code, is

24 amended by striking ‘‘100 inches in length and girth com25 bined’’ in paragraphs (2) and (3) and inserting ‘‘the max-
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1 imum size allowed by the Postal Service for fourth class

2 parcel post (known as ‘Standard Mail (B)’ ’’.

3 TITLE XI—DEPARTMENT OF DE4 FENSE CIVILIAN PERSONNEL

5 POLICY

6 SEC. 1101. COMPUTER/ELECTRONIC ACCOMMODATIONS

7 PROGRAM.

8 (a) AUTHORITY TO EXPAND PROGRAM.—(1) Chapter

9 81 of title 10, United States Code, is amended by inserting

10 after section 1581 the following:

11 ‘‘§ 1582. Assistive technology, assistive technology de12 vices, and assistive technology services

13 ‘‘(a) AUTHORITY.—The Secretary of Defense may

14 provide assistive technology, assistive technology devices,

15 and assistive technology services to the following:

16 ‘‘(1) Department of Defense employees with

17 disabilities.

18 ‘‘(2) Organizations within the department that

19 have requirements to make programs or facilities ac20 cessible to and usable by persons with disabilities.

21 ‘‘(3) Any other department or agency of the

22 Federal Government, upon the request of the head

23 of that department or agency, for its employees with

24 disabilities or for satisfying a requirement to make
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1 its programs or facilities accessible to and usable by

2 persons with disabilities.

3 ‘‘(b) DEFINITIONS.—In this section, the terms ‘as4 sistive technology’, ‘assistive technology device’, ‘assistive

5 technology service’, and ‘disability’ have the meanings

6 given the terms in section 3 of the Assistive Technology

7 Act of 1998 (29 U.S.C. 3002).’’.

8 (2) The table of sections at the beginning of such

9 chapter is amended by inserting after the item relating

10 to section 1581 the following:

‘‘1582. Assistive technology, assistive technology devices, and assistive technology services.’’.

11 (b) FUNDING.—Of the amount authorized to be ap12 propriated under section 301(5) for operation and mainte13 nance for Defense-wide activities, not more than

14 $2,000,000 is available for the purpose of expanding and

15 administering the Computer/Electronic Accommodation

16 Program of the Department of Defense to provide under

17 section 1582 of title 10, United States Code (as added

18 by subsection (a)), the technology, devices, and services

19 described in that section.
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1 SEC. 1102. ADDITIONAL SPECIAL PAY FOR FOREIGN LAN2 GUAGE PROFICIENCY BENEFICIAL FOR

3 UNITED STATES NATIONAL SECURITY INTER4 ESTS.

5 (a) IN GENERAL.—Chapter 81 of title 10, United

6 States Code, is amended by inserting after section 1596

7 the following new section:

8 ‘‘§ 1596a. Foreign language proficiency: special pay

9 for proficiency beneficial for other na10 tional security interests

11 ‘‘(a) AUTHORITY.—The Secretary of Defense may

12 pay special pay under this section to an employee of the

13 Department of Defense who—

14 ‘‘(1) has been certified by the Secretary to be

15 proficient in a foreign language identified by the

16 Secretary as being a language in which proficiency

17 by civilian personnel of the department is necessary

18 because of national security interests;

19 ‘‘(2) is assigned duties requiring proficiency in

20 that foreign language; and

21 ‘‘(3) is not receiving special pay under section

22 1596 of this title.

23 ‘‘(b) RATE.—The rate of special pay for an employee

24 under this section shall be prescribed by the Secretary,

25 but may not exceed five percent of the employee’s rate of

26 basic pay.
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1 ‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOW2 ANCES.—Special pay under this section is in addition to

3 any other pay or allowances to which the employee is enti4 tled.

5 ‘‘(d) REGULATIONS.—The Secretary of Defense shall

6 prescribe regulations to carry out this section.’’.

7 (b) AMENDMENT TO DISTINGUISH OTHER FOREIGN

8 LANGUAGE PROFICIENCY SPECIAL PAY.—The heading for

9 section 1596 of title 10, United States Code, is amended

10 to read as follows:

11 ‘‘§ 1596. Foreign language proficiency: special pay for

12 proficiency beneficial for intelligence in13 terests’’.

14 (c) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 81 of such title is amended

16 by striking the item relating to section 1596 and inserting

17 the following:

‘‘1596. Foreign language proficiency: special pay for proficiency beneficial for

intelligence interests.

‘‘1596a. Foreign language proficiency: special pay for proficiency beneficial for

other national security interests.’’.

18 SEC. 1103. INCREASED NUMBER OF POSITIONS AUTHOR19 IZED FOR THE DEFENSE INTELLIGENCE SEN20 IOR EXECUTIVE SERVICE.

21 Section 1606(a) of title 10, United States Code, is

22 amended by striking ‘‘492’’ and inserting ‘‘517’’.
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1 SEC. 1104. EXTENSION OF AUTHORITY FOR TUITION REIM2 BURSEMENT AND TRAINING FOR CIVILIAN

3 EMPLOYEES IN THE DEFENSE ACQUISITION

4 WORKFORCE.

5 Section 1745(a) of title 10, United States Code, is

6 amended by striking ‘‘September 30, 2001’’ in the second

7 sentence and inserting ‘‘September 30, 2010’’.

8 SEC. 1105. WORK SAFETY DEMONSTRATION PROGRAM.

9 (a) ESTABLISHMENT.—The Secretary of Defense

10 shall carry out a defense employees work safety dem11 onstration program.

12 (b) PRIVATE SECTOR WORK SAFETY MODELS.—

13 Under the demonstration program, the Secretary shall—

14 (1) adopt for use in the workplace of employees

15 of the Department of Defense such work safety mod16 els used by employers in the private sector that the

17 Secretary considers as being representative of the

18 best work safety practices in use by private sector

19 employers; and

20 (2) determine whether the use of those prac21 tices in the Department of Defense improves the

22 work safety record of Department of Defense em23 ployees.

24 (c) SITES.—(1) The Secretary shall carry out the

25 demonstration program—
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1 (A) at not fewer than two installations of each

2 of the Armed Forces (other than the Coast Guard),

3 for employees of the military department concerned;

4 and

5 (B) in at least two Defense Agencies (as de6 fined in section 101(a)(11) of title 10, United States

7 Code).

8 (2) The Secretary shall select the installations and

9 Defense Agencies from among the installations and De10 fense Agencies listed in the Federal Worker 2000 Presi11 dential Initiative.

12 (d) PERIOD FOR PROGRAM.—The demonstration pro13 gram shall begin not later than 180 days after the date

14 of the enactment of this Act and shall terminate on Sep15 tember 30, 2002.

16 (e) REPORTS.—(1) The Secretary of Defense shall

17 submit an interim report on the demonstration program

18 to the Committees on Armed Services of the Senate and

19 the House of Representatives not later than December 1,

20 2001. The interim report shall contain, at a minimum, for

21 each site of the demonstration program the following:

22 (A) A baseline assessment of the lost workday

23 injury rate.
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1 (B) A comparison of the lost workday injury

2 rate for fiscal year 2000 with the lost workday in3 jury rate for fiscal year 1999.

4 (C) The direct and indirect costs associated

5 with all lost workday injuries.

6 (2) The Secretary of Defense shall submit a final re7 port on the demonstration program to the Committees on

8 Armed Services of the Senate and the House of Represent9 atives not later than December 1, 2002. The final report

10 shall contain, at a minimum, for each site of the dem11 onstration program the following:

12 (A) The Secretary’s determination on the issue

13 stated in subsection (b)(2).

14 (B) A comparison of the lost workday injury

15 rate under the program with the baseline assessment

16 of the lost workday injury rate.

17 (C) The lost workday injury rate for fiscal year

18 2002.

19 (D) A comparison of the direct and indirect

20 costs associated with all lost workday injuries for fis21 cal year 2002 with the direct and indirect costs asso22 ciated with all lost workday injuries for fiscal year

23 2001.

24 (f) FUNDING.—Of the amount authorized to be ap25 propriated under section 301(5), $5,000,000 shall be
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1 available for the demonstration program under this sec2 tion.

3 SEC. 1106. EMPLOYMENT AND COMPENSATION OF EMPLOY4 EES FOR TEMPORARY ORGANIZATIONS ES5 TABLISHED BY LAW OR EXECUTIVE ORDER.

6 (a) IN GENERAL.—Chapter 31 of title 5, United

7 States Code, is amended by adding at the end the fol8 lowing new subchapter:

9 ‘‘SUBCHAPTER IV—TEMPORARY ORGANIZA10 TIONS ESTABLISHED BY LAW OR EXECU11 TIVE ORDER

12 ‘‘§ 3161. Employment and compensation of employees

13 ‘‘(a) DEFINITION OF TEMPORARY ORGANIZATION.—

14 For the purposes of this subchapter, the term ‘temporary

15 organization’ means a commission, committee, board, or

16 other organization that—

17 ‘‘(1) is established by law or Executive order

18 for a specific period not in excess of 3 years for the

19 purpose of performing a specific study or other

20 project; and

21 ‘‘(2) is terminated upon the completion of the

22 study or project or upon the occurrence of a condi23 tion related to the completion of the study or

24 project.
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1 ‘‘(b) EMPLOYMENT AUTHORITY.—(1) Notwith2 standing the provisions of chapter 51 of this title, the head

3 of an Executive agency may appoint persons to positions

4 of employment in a temporary organization in such num5 bers and with such skills as are necessary for the perform6 ance of the functions required of a temporary organiza7 tion.

8 ‘‘(2) The period of an appointment under paragraph

9 (1) may not exceed three years, except that under regula10 tions prescribed by the Office of Personnel Management

11 the period of appointment may be extended for up to an

12 additional two years.

13 ‘‘(3) The positions of employment in a temporary or14 ganization are in the excepted service of the civil service.

15 ‘‘(c) DETAIL AUTHORITY.—Upon the request of the

16 head of a temporary organization, the head of any depart17 ment or agency of the Government may detail, on a non18 reimbursable basis, any personnel of the department or

19 agency to that organization to assist in carrying out its

20 duties.

21 ‘‘(d) COMPENSATION.—(1) The rate of basic pay for

22 an employee appointed under subsection (b) shall be estab23 lished under regulations prescribed by the Office of Per24 sonnel Management without regard to the provisions of

25 chapter 51 and subchapter III of chapter 53 of this title.
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1 ‘‘(2) The rate of basic pay for the chairman, a mem2 ber, an executive director, a staff director, or another exec3 utive level position of a temporary organization may not

4 exceed the maximum rate of basic pay established for the

5 Senior Executive Service under section 5382 of this title.

6 ‘‘(3) Except as provided in paragraph (4), the rate

7 of basic pay for other positions in a temporary organiza8 tion may not exceed the maximum rate of basic pay for

9 grade GS–15 of the General Schedule under section 5332

10 of this title.

11 ‘‘(4) The rate of basic pay for a senior staff position

12 of a temporary organization may, in a case determined

13 by the head of the temporary organization as exceptional,

14 exceed the maximum rate of basic pay authorized under

15 paragraph (3), but may not exceed the maximum rate of

16 basic pay authorized for an executive level position under

17 paragraph (2).

18 ‘‘(5) In this subsection, the term ‘basic pay’ includes

19 locality pay provided for under section 5304 of this title.

20 ‘‘(e) TRAVEL EXPENSES.—An employee of a tem21 porary organization, whether employed on a full-time or

22 part-time basis, may be allowed travel and transportation

23 expenses, including per diem in lieu of subsistence, at

24 rates authorized for employees of agencies under sub25 chapter I of chapter 57 of this title, while traveling away
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1 from the employee’s regular place of business in the per2 formance of services for the temporary organization.

3 ‘‘(f) BENEFITS.—(1) An employee appointed under

4 subsection (b) shall be afforded the same benefits and en5 titlements as are provided other employees under subpart

6 G of part III of this title, except that a full-time employee

7 shall be eligible for life insurance under chapter 87 of this

8 title and health benefits under chapter 89 of this title im9 mediately upon appointment to the position of full-time

10 employment without regard to the duration of the tem11 porary organization or of the appointment to that position

12 of the temporary organization.

13 ‘‘(2) Until an employee of a temporary organization

14 has completed one year of continuous service in the civil

15 service, there shall be withheld from the employee’s pay

16 the following:

17 ‘‘(A) In the case of an employee insured pursu18 ant to paragraph (1) by an insurance policy pur19 chased by the Office under chapter 87 of this title,

20 the amount equal to the amount of the Government

21 contribution under section 8708 of this title, as well

22 as the amount required to be withheld from the pay

23 of the employee under section 8707 of this title, all

24 of which shall be deposited in the Treasury of the

25 United States to the credit of the Employees’ Life
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1 Insurance Fund referred to in section 8714 of this

2 title.

3 ‘‘(B) In the case of an employee participating

4 pursuant to paragraph (1) in a Federal Employees

5 Health Benefits plan under chapter 89 of this title,

6 the amount equal to the amount of the Government

7 contribution under section 8906 of this title, as well

8 as the amount required to be withheld from the pay

9 of the employee under section 8906 of this title, all

10 of which shall be paid into the Employees Health

11 Benefits Fund referred to in section 8909 of this

12 title.

13 ‘‘(3) No contribution shall be made by the United

14 States for an employee under section 8708 or 8906 of this

15 title for any period for which subparagraph (A) or (B),

16 respectively, of paragraph (2) applies to the employee.

17 ‘‘(g) RETURN RIGHTS.—An employee serving under

18 a career or career conditional appointment or the equiva19 lent in an agency who transfers to or converts to an ap20 pointment in a temporary organization with the consent

21 of the head of the agency is entitled to be returned to

22 the employee’s former position or a position of like senior23 ity, status, and pay without grade or pay retention in the

24 agency if the employee—
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1 ‘‘(1) is being separated from the temporary or2 ganization for reasons other than misconduct, ne3 glect of duty, or malfeasance; and

4 ‘‘(2) applies for return not later than 30 days

5 before the earlier of—

6 ‘‘(A) the date of the termination of the em7 ployment in the temporary organization; or

8 ‘‘(B) the date of the termination of the

9 temporary organization.

10 ‘‘(h) TEMPORARY AND INTERMITTENT SERVICES.—

11 The head of a temporary organization may procure for

12 the organization temporary and intermittent services

13 under section 3109(b) of this title.

14 ‘‘(i) ACCEPTANCE OF VOLUNTEER SERVICES.—(1)

15 The head of a temporary organization may accept volun16 teer services appropriate to the duties of the organization

17 without regard to section 1342 of title 31.

18 ‘‘(2) Donors of voluntary services accepted for a tem19 porary organization under this subsection may include the

20 following:

21 ‘‘(A) Advisors.

22 ‘‘(B) Experts.

23 ‘‘(C) Members of the commission, committee,

24 board, or other temporary organization, as the case

25 may be.
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1 ‘‘(D) A person performing services in any other

2 capacity determined appropriate by the head of the

3 temporary organization.

4 ‘‘(3) The head of the temporary organization—

5 ‘‘(A) shall ensure that each person performing

6 voluntary services accepted under this subsection is

7 notified of the scope of the voluntary services accept8 ed;

9 ‘‘(B) shall supervise the volunteer to the same

10 extent as employees receiving compensation for simi11 lar services; and

12 ‘‘(C) shall ensure that the volunteer has appro13 priate credentials or is otherwise qualified to per14 form in each capacity for which the volunteer’s serv15 ices are accepted.

16 ‘‘(4) A person providing volunteer services accepted

17 under this subsection shall be considered an employee of

18 the Federal Government in the performance of those serv19 ices for the purposes of the following provisions of law:

20 ‘‘(A) Chapter 81 of this title, relating to com21 pensation for work-related injuries.

22 ‘‘(B) Chapter 171 of title 28, relating to tort

23 claims.

24 ‘‘(C) Chapter 11 of title 18, relating to conflicts

25 of interest.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end the following:

‘‘SUBCHAPTER IV—TEMPORARY ORGANIZATIONS ESTABLISHED

BY LAW OR EXECUTIVE ORDER

‘‘Sec.

‘‘3161. Employment and compensation of employees.’’.

4 SEC. 1107. EXTENSION OF AUTHORITY FOR VOLUNTARY

5 SEPARATIONS IN REDUCTIONS IN FORCE.

6 Section 3502(f)(5) of title 5, United States Code, is

7 amended by striking ‘‘September 30, 2001’’ and inserting

8 ‘‘September 30, 2005’’.

9 SEC. 1108. ELECTRONIC MAINTENANCE OF PERFORMANCE

10 APPRAISAL SYSTEMS.

11 Section 4302 of title 5, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(c) The head of an agency may administer and

14 maintain its performance appraisal systems electronically

15 in accordance with regulations which the Office shall pre16 scribe.’’.

17 SEC. 1109. APPROVAL AUTHORITY FOR CASH AWARDS IN

18 EXCESS OF $10,000.

19 Section 4502 of title 5, United States Code, is

20 amended by adding at the end the following:

21 ‘‘(f) The Secretary of Defense may grant a cash

22 award under subsection (b) of this section without regard
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1 to the requirements for certification and approval provided

2 in that subsection.’’.

3 SEC. 1110. LEAVE FOR CREWS OF CERTAIN VESSELS.

4 Section 6305(c)(2) of title 5, United States Code, is

5 amended to read as follows:

6 ‘‘(2) may not be made the basis for a lump-sum

7 payment, except that civil service mariners of the

8 Military Sealift Command on temporary promotion

9 aboard ship may be paid the difference between their

10 temporary and permanent rates of pay for leave ac11 crued and not otherwise used during the temporary

12 promotion upon the expiration or termination of the

13 temporary promotion; and’’.

14 SEC. 1111. LIFE INSURANCE FOR EMERGENCY ESSENTIAL

15 DEPARTMENT OF DEFENSE EMPLOYEES.

16 Section 8702 of title 5, United States Code, is

17 amended by adding at the end the following new sub18 section:

19 ‘‘(c) Notwithstanding a notice previously given under

20 subsection (b), an employee of the Department of Defense

21 who is designated as an emergency essential employee

22 under section 1580 of title 10 shall be insured if the em23 ployee, within 60 days after the date of the designation,

24 elects to be insured under a policy of insurance under this

25 chapter. An election under the preceding sentence shall be
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1 effective when provided to the Office in writing, in the

2 form prescribed by the Office, within such 60-day pe3 riod.’’.

4 SEC. 1112. CIVILIAN PERSONNEL SERVICES PUBLIC-PRI5 VATE COMPETITION PILOT PROGRAM.

6 (a) PROGRAM REQUIRED.—The Secretary of Defense

7 shall establish a pilot program to assess the extent to

8 which the effectiveness and efficiency of the performance

9 of civilian personnel services for the Department of De10 fense could be increased by conducting competitions for

11 the performance of such services between the public and

12 private sectors. The pilot program under this section shall

13 be known as the ‘‘Civilian Personnel Services Public-Pri14 vate Competition Program’’.

15 (b) CIVILIAN PERSONNEL REGIONS TO BE IN16 CLUDED.—(1) The pilot program shall be carried out in

17 four civilian personnel regions, as follows:

18 (A) In one region, for the civilian personnel

19 services for the Department of the Army.

20 (B) In two regions, for the civilian personnel

21 services for the Department of the Navy.

22 (C) In one region, for the civilian personnel

23 services for any military department or for any orga24 nization within the Department of Defense that is

25 not within a military department.
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1 (2) The Secretary shall designate the regions to par2 ticipate in the pilot program. The Secretary shall select

3 the regions for designation from among the regions where

4 the conduct of civilian personnel operations are most con5 ducive to public-private competition. In making the selec6 tions, the Secretary shall consult with the Secretary of the

7 Army, the Secretary of the Navy, and the Director of

8 Washington Headquarters Services.

9 (c) RIGHT OF FIRST REFUSAL FOR DISPLACE FED10 ERAL EMPLOYEES.—The Secretary of Defense shall take

11 the actions necessary to ensure that, in the case of a con12 version to private sector performance under the pilot pro13 gram, employees of the United States who are displaced

14 by the conversion have the right of first refusal for jobs

15 for which they are qualified that are created by the conver16 sion.

17 (d) DURATION AND COVERAGE OF THE PROGRAM.—

18 The pilot program shall be carried out during the period

19 beginning on October 1, 2000, and ending on December

20 31, 2004.

21 (e) AUTHORITY TO EXPAND PROGRAM.—The Sec22 retary may expand the pilot program to include other re23 gions.

24 (f) REPORT.—Not later than February 1, 2005, the

25 Secretary shall submit a report on the pilot program to
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1 the Committees on Armed Services of the Senate and the

2 House of Representatives. The report shall include the fol3 lowing:

4 (1) The Secretary’s assessment of the value of

5 the actions taken in the administration of the pilot

6 program for increasing the effectiveness and effi7 ciency of the performance of civilian personnel serv8 ices for the Department of Defense in the regions

9 covered by the pilot program, as compared to the

10 performance of civilian personnel services for the de11 partment in regions not included in the pilot pro12 gram.

13 (2) Any recommendations for legislation or

14 other action that the Secretary considers appropriate

15 to increase the effectiveness and efficiency of the

16 performance of civilian personnel services for the

17 Department of Defense in all regions.

18 SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AU19 THORITY FOR EXPERIMENTAL PERSONNEL

20 PROGRAM FOR SCIENTIFIC AND TECHNICAL

21 PERSONNEL.

22 (a) EXTENSION OF PROGRAM.—Section 1101 of the

23 Strom Thurmond National Defense Authorization Act for

24 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2139;

25 5 U.S.C. 3104 note) is amended—
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1 (1) in subsection (a), by striking ‘‘the 5-year

2 period beginning on the date of the enactment of

3 this Act’’ and inserting ‘‘the program period speci4 fied in subsection (e)(1)’’;

5 (2) in subsection (e), by striking paragraph (1)

6 and inserting the following:

7 ‘‘(1) The period for carrying out the program author8 ized under this section begins on October 17, 1998, and

9 ends on October 16, 2005.’’; and

10 (3) in subsection (f), by striking ‘‘on the day

11 before the termination of the program’’ and insert12 ing ‘‘on the last day of the program period specified

13 in subsection (e)(1)’’.

14 (b) EXPANSION OF SCOPE.—Subsection (a) of such

15 section, as amended by subsection (a)(1) of this section,

16 is further amended by inserting before the period at the

17 end the following: ‘‘and research and development projects

18 administered by laboratories designated for the program

19 by the Secretary from among the laboratories of each of

20 the military departments’’.

21 (c) LIMITATION ON NUMBER OF APPOINTMENTS.—

22 Subsection (b)(1) of such section is amended to read as

23 follows:

24 ‘‘(1) without regard to any provision of title 5,

25 United States Code, governing the appointment of
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1 employees in the civil service, appoint scientists and

2 engineers from outside the civil service and uni3 formed services (as such terms are defined in section

4 2101 of such title) to—

5 ‘‘(A) not more than 40 scientific and engi6 neering positions in the Defense Advanced Re7 search Projects Agency;

8 ‘‘(B) not more than 40 scientific and engi9 neering positions in the designated laboratories

10 of each of the military services; and

11 ‘‘(C) not more than a total of 10 scientific

12 and engineering positions in the National Im13 agery and Mapping Agency and the National

14 Security Agency.’’.

15 (d) RATES OF PAY FOR APPOINTEES.—Subsection

16 (b)(2) of such section is amended by inserting after

17 ‘‘United States Code,’’ the following: ‘‘as increased by lo18 cality-based comparability payments under section 5304

19 of such title,’’.

20 (e) COMMENSURATE EXTENSION OF REQUIREMENT

21 FOR ANNUAL REPORT.—Subsection (g) of such section is

22 amended by striking ‘‘2004’’ and inserting ‘‘2006’’.

23 (f) AMENDMENT OF SECTION HEADING.—The head24 ing for such section is amended to read as follows:
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1 ‘‘SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR

2 SCIENTIFIC AND TECHNICAL PERSONNEL.’’.

3 TITLE XII—MATTERS RELATING

4 TO OTHER NATIONS

5 SEC. 1201. AUTHORITY TO TRANSFER NAVAL VESSELS TO

6 CERTAIN FOREIGN COUNTRIES.

7 (a) AUTHORITY TO TRANSFER.—

8 (1) AUSTRALIA.—The Secretary of the Navy is

9 authorized to transfer to the Government of Aus10 tralia the ‘‘KIDD’’ class guided missile destroyers

11 KIDD (DDG 993), CALLAGHAN (DDG 994),

12 SCOTT (DDG 995), and CHANDLER (DDG 996).

13 Each such transfer shall be on a combined lease-sale

14 basis under sections 61 and 21 of the Arms Export

15 Control Act (22 U.S.C. 2796 and 2761).

16 (2) BRAZIL.—The Secretary of the Navy is au17 thorized to transfer to the Government of Brazil the

18 ‘‘THOMASTON’’ class dock landing ships ALAMO

19 (LSD 33) and HERMITAGE (LSD 34), and the

20 ‘‘GARCIA’’ class frigates BRADLEY (FF 1041),

21 DAVIDSON (FF 1045), SAMPLE (FF 1048) and

22 ALBERT DAVID (FF 1050). Each such transfer

23 shall be on a grant basis under section 516 of the

24 Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

25 (3) CHILE.—The Secretary of the Navy is au26 thorized to transfer to the Government of Chile the
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1 ‘‘OLIVER HAZARD PERRY’’ class guided missile

2 frigates WADSWORTH (FFG 9), and ESTOCIN

3 (FFG 15). Each such transfer shall be on a com4 bined lease-sale basis under sections 61 and 21 of

5 the Arms Export Control Act (22 U.S.C. 2796 and

6 2761).

7 (4) EGYPT.—The Secretary of the Navy is au8 thorized to transfer to the Government of Egypt the

9 ‘‘DIXIE’’ class destroyer tender YOSEMITE (AD

10 19). The transfer shall be on a grant basis under

11 section 516 of the Foreign Assistance Act of 1961

12 (22 U.S.C. 2321j).

13 (5) GREECE.—The Secretary of the Navy is au14 thorized to transfer to the Government of Greece the

15 ‘‘KNOX’’ class frigates VREELAND (FF 1068)

16 and TRIPPE (FF 1075). Each such transfer shall

17 be on a grant basis under section 516 of the Foreign

18 Assistance Act of 1961 (22 U.S.C. 2321j).

19 (6) TURKEY.—(A) The Secretary of the Navy is

20 authorized to transfer to the Government of Turkey

21 the ‘‘OLIVER HAZARD PERRY’’ class guided mis22 sile frigates JOHN A. MOORE (FFG 19) and

23 FLATLEY (FFG 21). Each transfer under the au24 thority of this subsection shall be on a combined

25 lease-sale basis under sections 61 and 21 of the
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1 Arms Export Control Act (22 U.S.C. 2796 and

2 2761).

3 (B) The authority provided under subparagraph

4 (A) is in addition to the authority provided under

5 section 1018(a)(9) of Public Law 106–65 (113 Stat.

6 745) for the Secretary of the Navy to transfer such

7 vessels to the Government of Turkey on a sale basis

8 under section 21 of the Arms Export Control Act

9 (22 U.S.C. 2761).

10 (b) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

11 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

12 of a vessel transferred to another country on a grant basis

13 under section 516 of the Foreign Assistance Act of 1961

14 (22 U.S.C. 2321j) pursuant to authority provided by sub15 section (a) shall not be counted for the purposes of sub16 section (g) of that section in the aggregate value of excess

17 defense articles transferred to countries under that section

18 in any fiscal year.

19 (c) COSTS OF TRANSFERS.—Any expense incurred by

20 the United States in connection with a transfer authorized

21 by this section shall be charged to the recipient (notwith22 standing section 516(e)(1) of the Foreign Assistance Act

23 of 1961 (22 U.S.C. 2321j(e)(1)) in the case of a transfer

24 authorized to be made on a grant basis under subsection

25 (a)).
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1 (d) REPAIR AND REFURBISHMENT IN UNITED

2 STATES SHIPYARDS.—To the maximum extent prac3 ticable, the Secretary of the Navy shall require, as a condi4 tion of the transfer of a vessel under this section, that

5 the country to which the vessel is transferred have such

6 repair or refurbishment of the vessel as is needed, before

7 the vessel joins the naval forces of that country, performed

8 at a shipyard located in the United States, including a

9 United States Navy shipyard.

10 (e) CONDITIONS RELATING TO COMBINED LEASE11 SALE TRANSFERS.—A transfer of a vessel on a combined

12 lease-sale basis authorized by subsection (a) shall be made

13 in accordance with the following requirements:

14 (1) The Secretary of the Navy may initially

15 transfer the vessel by lease, with lease payments sus16 pended for the term of the lease, if the country en17 tering into the lease for the vessel simultaneously

18 enters into a foreign military sales agreement for the

19 transfer of title to the vessel.

20 (2) The Secretary may not deliver to the pur21 chasing country title to the vessel until the purchase

22 price of the vessel under such a foreign military

23 sales agreement is paid in full.

24 (3) Upon payment of the purchase price in full

25 under such a sales agreement and delivery of title to
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1 the recipient country, the Secretary shall terminate

2 the lease.

3 (4) If the purchasing country fails to make full

4 payment of the purchase price in accordance with

5 the sales agreement by the date required under the

6 sales agreement—

7 (A) the sales agreement shall be imme8 diately terminated;

9 (B) the suspension of lease payments

10 under the lease shall be vacated; and

11 (C) the United States shall be entitled to

12 retain all funds received on or before the date

13 of the termination under the sales agreement,

14 up to the amount of the lease payments due

15 and payable under the lease and all other costs

16 required by the lease to be paid to that date.

17 (5) If a sales agreement is terminated pursuant

18 to paragraph (4), the United States shall not be re19 quired to pay any interest to the recipient country

20 on any amount paid to the United States by the re21 cipient country under the sales agreement and not

22 retained by the United States under the lease.

23 (f) AUTHORIZATION OF APPROPRIATIONS FOR COSTS

24 OF LEASE-SALE TRANSFERS.—There is hereby authorized

25 to be appropriated into the Defense Vessels Transfer Pro-
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1 gram Account such sums as may be necessary for paying

2 the costs (as defined in section 502 of the Congressional

3 Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale

4 transfers authorized by subsection (a). Amounts so appro5 priated shall be available only for the purpose of paying

6 those costs.

7 (g) EXPIRATION OF AUTHORITY.—The authority pro8 vided under subsection (a) shall expire at the end of the

9 two-year period beginning on the date of the enactment

10 of this Act.

11 SEC. 1202. SUPPORT OF UNITED NATIONS-SPONSORED EF12 FORTS TO INSPECT AND MONITOR IRAQI

13 WEAPONS ACTIVITIES.

14 (a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS15 CAL YEAR 2001.—The total amount of the assistance for

16 fiscal year 2001 that is provided by the Secretary of De17 fense under section 1505 of the Weapons of Mass Destruc18 tion Control Act of 1992 (22 U.S.C. 5859a) as activities

19 of the Department of Defense in support of activities

20 under that Act may not exceed $15,000,000.

21 (b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST22 ANCE.—Subsection (f) of section 1505 of the Weapons of

23 Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)

24 is amended by striking ‘‘2000’’ and inserting ‘‘2001’’.
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1 SEC. 1203. REPEAL OF RESTRICTION PREVENTING COOP2 ERATIVE AIRLIFT SUPPORT THROUGH AC3 QUISITION AND CROSS-SERVICING AGREE4 MENTS.

5 Section 2350c of title 10, United States Code, is

6 amended—

7 (1) by striking subsection (d); and

8 (2) by redesignating subsection (e) as sub9 section (d).

10 SEC. 1204. WESTERN HEMISPHERE INSTITUTE FOR PRO11 FESSIONAL EDUCATION AND TRAINING.

12 (a) IN GENERAL.—Chapter 108 of title 10, United

13 States Code, is amended by adding at the end the fol14 lowing:

15 ‘‘§ 2166. Western Hemisphere Institute for Profes16 sional Education and Training

17 ‘‘(a) ESTABLISHMENT AND ADMINISTRATION.—(1)

18 The Secretary of Defense may operate an education and

19 training facility for the purpose set forth in subsection (b).

20 The facility may be called the Western Hemisphere Insti21 tute for Professional Education and Training.

22 ‘‘(2) The Secretary may designate the Secretary of

23 a military department as the Department of Defense exec24 utive agent for carrying out the responsibilities of the Sec25 retary of Defense under this section.
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1 ‘‘(b) PURPOSE.—The purpose of the Institute is to

2 provide professional education and training to eligible per3 sonnel of the Western Hemisphere within the context of

4 the democratic principles set forth in the Charter of the

5 Organization of American States and supporting agree6 ments, while fostering mutual knowledge, transparency,

7 confidence, and cooperation among the participating na8 tions and promoting democratic values, respect for human

9 rights, and knowledge and understanding of United States

10 customs and traditions.

11 ‘‘(c) ELIGIBLE PERSONNEL.—(1) Subject to para12 graph (2), personnel of the Western Hemisphere are eligi13 ble for education and training at the Institute as follows:

14 ‘‘(A) Military personnel.

15 ‘‘(B) Law enforcement personnel.

16 ‘‘(C) Civilians, whether or not employed by a

17 government of the Western Hemisphere.

18 ‘‘(2) The selection of foreign personnel for education

19 or training at the Institute is subject to the approval of

20 the Secretary of State.

21 ‘‘(d) CURRICULUM.—(1) The curriculum of the Insti22 tute shall include mandatory instruction for each student,

23 for at least 8 hours, on human rights, the rule of law,

24 due process, civilian control of the military, and the role

25 of the military in a democratic society.
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1 ‘‘(2) The curriculum may include instruction and

2 other educational and training activities on the following:

3 ‘‘(A) Leadership development.

4 ‘‘(B) Counterdrug operations.

5 ‘‘(C) Peace support operations.

6 ‘‘(D) Disaster relief.

7 ‘‘(E) Any other matters that the Secretary de8 termines appropriate.

9 ‘‘(e) BOARD OF VISITORS.—(1) There shall be a

10 Board of Visitors for the Institute. The Board shall be

11 composed of the following:

12 ‘‘(A) Two members of the Senate designated by

13 the President pro tempore of the Senate.

14 ‘‘(B) Two members of the House of Represent15 atives designated by the Speaker of the House of

16 Representatives.

17 ‘‘(C) Six persons designated by the Secretary of

18 Defense including, to the extent practicable, at least

19 one member from academia, one member from the

20 religious community, and one member from the

21 human rights community.

22 ‘‘(D) One person designated by the Secretary of

23 State.
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1 ‘‘(E) For each of the armed forces, the senior

2 military officer responsible for training and doctrine

3 or a designee of that officer.

4 ‘‘(F) The Commander in Chief of the United

5 States Southern Command or a designee of that of6 ficer.

7 ‘‘(2) The members of the Board shall serve for 2

8 years except for the members referred to in subparagraphs

9 (A) and (B) of paragraph (1) who may serve until a suc10 cessor is designated.

11 ‘‘(3) A vacancy in a position of membership on the

12 Board shall be filled in the same manner as the position

13 was originally filled.

14 ‘‘(4) The Board shall meet at least once each year.

15 ‘‘(5)(A) The Board shall inquire into the curriculum,

16 instruction, physical equipment, fiscal affairs, academic

17 methods, and other matters relating to the Institute that

18 the Board decides to consider.

19 ‘‘(B) The Board shall review the curriculum of the

20 Institute to determine whether—

21 ‘‘(i) the curriculum complies with applicable

22 United States laws and regulations;

23 ‘‘(ii) the curriculum is consistent with United

24 States policy goals toward Latin America and the

25 Caribbean;
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1 ‘‘(iii) the curriculum adheres to current United

2 States doctrine; and

3 ‘‘(iv) the instruction under the curriculum ap4 propriately emphasizes the matters described in sub5 section (d)(1).

6 ‘‘(6) Not later than 60 days after its annual meeting,

7 the Board shall submit to the Secretary of Defense a writ8 ten report of its action and of its views and recommenda9 tions pertaining to the Institute.

10 ‘‘(7) Members of the Board may not be compensated

11 for service on the Board. In the case of officers or employ12 ees of the United States serving on the Board as part of

13 their official duties, compensation paid to the members as

14 officers or employees of the United States shall not be con15 sidered compensation for service on the Board.

16 ‘‘(8) With the approval of the Secretary of Defense,

17 the Board may accept and use the services of voluntary

18 and noncompensated advisers appropriate to the duties of

19 the Board without regard to section 1342 of title 31.

20 ‘‘(9) Members of the Board and advisers whose serv21 ices are accepted under paragraph (8) shall be allowed

22 travel and transportation expenses, including per diem in

23 lieu of subsistence, while away from their homes or regular

24 places of business in the performance of services for the
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1 Board. Allowances under this paragraph shall be

2 computed—

3 ‘‘(A) in the case of members of the Board who

4 are officers or employees of the United States, at

5 rates authorized for employees of agencies under

6 subchapter I of chapter 57 of title 5; and

7 ‘‘(B) in the case of other members of the Board

8 and advisers, as authorized under section 5703 of

9 title 5 for employees serving without pay.

10 ‘‘(10) The Federal Advisory Committee Act (5 U.S.C.

11 App. 2), other than section 14 (relating to termination

12 after two years), shall apply to the Board.

13 ‘‘(f) FIXED COSTS.—The fixed costs of operating and

14 maintaining the Institute—

15 ‘‘(1) may be paid from funds available to the

16 Army for operation and maintenance; and

17 ‘‘(2) may not be paid out of the proceeds of tui18 tion fees charged for professional education and

19 training at the Institute.

20 ‘‘(g) ANNUAL REPORT.—Not later than March 15 of

21 each year, the Secretary of Defense shall submit to Con22 gress a detailed report on the activities of the Institute

23 during the preceding year. The Secretary shall coordinate

24 the preparation of the report with the heads of department

25 and agencies of the United States that have official inter-
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1 ests in the activities of the Institute, as determined by the

2 Secretary.’’.

3 (b) REPEAL OF AUTHORITY FOR UNITED STATES

4 ARMY SCHOOL OF THE AMERICAS.—Section 4415 of title

5 10, United States Code, is repealed.

6 (c) CLERICAL AMENDMENTS.—(1) The table of sec7 tions at the beginning of chapter 108 of title 10, United

8 States Code, is amended by inserting after the item relat9 ing to section 2165 the following:

‘‘2166. Western Hemisphere Institute for Professional Education and Training.’’.

10 (2) The table of sections at the beginning of chapter

11 407 of such title is amended by striking the item relating

12 to section 4415.

13 SEC. 1205. BIANNUAL REPORT ON KOSOVO PEACEKEEPING.

14 (a) REQUIREMENT FOR PERIODIC REPORT.—Begin15 ning on December 1, 2000, and every six months there16 after, the President shall submit to the congressional de17 fense committees, the Committee on Foreign Relations of

18 the Senate, and the Committee on International Relations

19 of the House of Representatives a report on the contribu20 tions of European nations and organizations to the peace21 keeping operations in Kosovo.

22 (b) CONTENT OF REPORT.—Each report shall con23 tain detailed information on the following:
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1 (1) The commitments and pledges made by the

2 European Commission, the member nations of the

3 European Union, and the European member nations

4 of the North Atlantic Treaty Organization for recon5 struction assistance in Kosovo, humanitarian assist6 ance in Kosovo, the Kosovo Consolidated Budget,

7 police (including special police) for the United Na8 tions international police force for Kosovo, and mili9 tary personnel for peacekeeping operations in

10 Kosovo.

11 (2) The amount of the assistance that has been

12 provided in each category, and the number of police

13 and military personnel that have been deployed to

14 Kosovo, by each such organization or nation.

15 (3) The full range of commitments and respon16 sibilities that have been undertaken for Kosovo by

17 the United Nations, the European Union, and the

18 Organization for Security and Cooperation in Eu19 rope (OSCE), the progress made by those organiza20 tions in fulfilling those commitments and respon21 sibilities, an assessment of the tasks that remain to

22 be accomplished, and an anticipated schedule for

23 completing those tasks.
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1 SEC. 1206. MUTUAL ASSISTANCE FOR MONITORING TEST

2 EXPLOSIONS OF NUCLEAR DEVICES.

3 (a) AUTHORITY.—Subchapter II of chapter 138 of

4 title 10, United States Code, is amended by adding at the

5 end the following new section:

6 ‘‘§ 2350l. Mutual assistance for monitoring test explo7 sions of nuclear devices

8 ‘‘(a) ACCEPTANCE OF CONTRIBUTIONS.—(1) The

9 Secretary of Defense may accept funds, services, or prop10 erty from a foreign government, an international organiza11 tion, or any other entity for a purpose described in para12 graph (2).

13 ‘‘(2) Contributions accepted under paragraph (1)

14 may be used only for the development, procurement, in15 stallation, operation, repair, or maintenance of equipment

16 for monitoring test explosions of nuclear devices, or for

17 communications relating to the operation of such equip18 ment. The equipment may be installed and used on United

19 States territory, foreign territory (including Antarctica),

20 or in international waters.

21 ‘‘(3) Any funds accepted under paragraph (1) shall

22 be deposited in an account established by the Secretary

23 for use for the purposes described in paragraph (2), and

24 shall be available, without fiscal year limitation, for use

25 by Department of Defense officials authorized by the Sec-
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1 retary of Defense for contracts, grants, or other forms of

2 acquisition for such purposes.

3 ‘‘(b) AUTHORITY TO PROVIDE MONITORING ASSIST4 ANCE.—(1) To satisfy obligations of the United States to

5 monitor test explosions of nuclear devices, the Secretary

6 of Defense may provide a foreign government with assist7 ance for the monitoring of such tests, but only in accord8 ance with an agreement satisfying the requirements of

9 paragraph (3).

10 ‘‘(2) The assistance authorized under paragraph (1)

11 is as follows:

12 ‘‘(A) A loan or conveyance of—

13 ‘‘(i) equipment for monitoring test explo14 sions of nuclear devices; and

15 ‘‘(ii) associated equipment.

16 ‘‘(B) The installation of such equipment on for17 eign territory or in international waters.

18 ‘‘(3) Assistance for a foreign government under this

19 subsection shall be subject to an agreement entered into

20 between the United States and the foreign government

21 that ensures the following:

22 ‘‘(A) That the Secretary has timely access to

23 data that is produced, collected, or generated by

24 equipment loaned or conveyed to the foreign govern25 ment under the agreement.
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1 ‘‘(B) That the Secretary—

2 ‘‘(i) has access to that equipment for pur3 poses of inspecting, testing, maintaining, repair4 ing, or replacing the equipment; and

5 ‘‘(ii) may take such actions as are nec6 essary to meet United States obligations to in7 spect, test, maintain, repair, or replace the

8 equipment.

9 ‘‘(c) DELEGATION.—The Secretary may delegate au10 thority to carry out subsection (a) or (b) only to the Under

11 Secretary of Defense for Acquisition, Technology, and Lo12 gistics or the Secretary of the Air Force. Authority so del13 egated may be further delegated.’’.

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

15 at the beginning of subchapter II of such chapter is

16 amended by inserting after the item relating to section

17 2350k the following new item:

‘‘2350l. Mutual assistance for monitoring test explosions of nuclear devices.’’.

18 SEC. 1207. ANNUAL REPORT ON ACTIVITIES AND ASSIST19 ANCE UNDER COOPERATIVE THREAT REDUC20 TION PROGRAMS.

21 (a) ANNUAL REPORT CONSOLIDATING DISPARATE

22 REPORT REQUIREMENTS.—(1) Chapter 23 of title 10,

23 United States Code, is amended by adding at the end the

24 following new section:
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1 ‘‘§ 488. Annual report on activities and assistance

2 under Cooperative Threat Reduction pro3 grams

4 ‘‘(a) ANNUAL REPORT.—In any year in which the

5 budget of the President under section 1105 of title 31 for

6 the fiscal year beginning in such year requests funds for

7 the Department of Defense for assistance or activities

8 under Cooperative Threat Reduction programs with the

9 states of the former Soviet Union, the Secretary of De10 fense shall submit to Congress a report on activities and

11 assistance during the preceding fiscal year under Coopera12 tive Threat Reduction programs setting forth the matters

13 in subsection (c).

14 ‘‘(b) DEADLINE FOR REPORT.—The report under

15 subsection (a) shall be submitted not later than the first

16 Monday in February of a year.

17 ‘‘(c) MATTERS TO BE INCLUDED.—The report under

18 subsection (a) in a year shall set forth the following:

19 ‘‘(1) An estimate of the total amount that will

20 be required to be expended by the United States in

21 order to achieve the objectives of the Cooperative

22 Threat Reduction programs.

23 ‘‘(2) A five-year plan setting forth the amount

24 of funds and other resources proposed to be provided

25 by the United States for Cooperative Threat Reduc26 tion programs over the term of the plan, including
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1 the purpose for which such funds and resources will

2 be used, and to provide guidance for the preparation

3 of annual budget submissions with respect to Coop4 erative Threat Reduction programs.

5 ‘‘(3) A description of the Cooperative Threat

6 Reduction activities carried out during the fiscal

7 year ending in the year preceding the year of the re8 port, including—

9 ‘‘(A) the amounts notified, obligated, and

10 expended for such activities and the purposes

11 for which such amounts were notified, obli12 gated, and expended for such fiscal year and

13 cumulatively for Cooperative Threat Reduction

14 programs;

15 ‘‘(B) a description of the participation, if

16 any, of each department and agency of the

17 United States Government in such activities;

18 ‘‘(C) a description of such activities, in19 cluding the forms of assistance provided;

20 ‘‘(D) a description of the United States

21 private sector participation in the portion of

22 such activities that were supported by the obli23 gation and expenditure of funds for Cooperative

24 Threat Reduction programs; and
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1 ‘‘(E) such other information as the Sec2 retary of Defense considers appropriate to in3 form Congress fully of the operation of Cooper4 ative Threat Reduction programs and activities,

5 including with respect to proposed demilitariza6 tion or conversion projects, information on the

7 progress toward demilitarization of facilities

8 and the conversion of the demilitarized facilities

9 to civilian activities.

10 ‘‘(4) A description of the audits, examinations,

11 and other efforts, such as on-site inspections, con12 ducted by the United States during the fiscal year

13 ending in the year preceding the year of the report

14 to ensure that assistance provided under Cooperative

15 Threat Reduction programs is fully accounted for

16 and that such assistance is being used for its in17 tended purpose, including a description of—

18 ‘‘(A) if such assistance consisted of equip19 ment, a description of the current location of

20 such equipment and the current condition of

21 such equipment;

22 ‘‘(B) if such assistance consisted of con23 tracts or other services, a description of the sta24 tus of such contracts or services and the meth25 ods used to ensure that such contracts and
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1 services are being used for their intended pur2 pose;

3 ‘‘(C) a determination whether the assist4 ance described in subparagraphs (A) and (B)

5 has been used for its intended purpose; and

6 ‘‘(D) a description of the audits, examina7 tions, and other efforts planned to be carried

8 out during the fiscal year beginning in the year

9 of the report to ensure that Cooperative Threat

10 Reduction assistance provided during such fis11 cal year is fully accounted for and is used for

12 its intended purpose.

13 ‘‘(5) A current description of the tactical nu14 clear weapons arsenal of Russia, including—

15 ‘‘(A) an estimate of the current types,

16 numbers, yields, viability, locations, and deploy17 ment status of the nuclear warheads in that ar18 senal;

19 ‘‘(B) an assessment of the strategic rel20 evance of such warheads;

21 ‘‘(C) an assessment of the current and pro22 jected threat of theft, sale, or unauthorized use

23 of such warheads; and

24 ‘‘(D) a summary of past, current, and

25 planned United States efforts to work coopera-
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1 tively with Russia to account for, secure, and

2 reduce Russia’s stockpile of tactical nuclear

3 warheads and associated fissile materials.

4 ‘‘(d) INPUT OF DCI.—The Director of Central Intel5 ligence shall submit to the Secretary of Defense the views

6 of the Director on any matters covered by subsection

7 (b)(5) in a report under this section. Such views shall be

8 included in such report as a classified annex to such re9 port.

10 ‘‘(e) COMPTROLLER GENERAL ASSESSMENT.—Not

11 later than 60 days after the date on which a report is

12 submitted to Congress under subsection (a), the Comp13 troller General shall submit to Congress a report setting

14 forth the Comptroller General’s assessment of the report

15 under subsection (a), including any recommendations re16 garding the report under subsection (a) that the Comp17 troller General considers appropriate.’’.

18 (2) The table of sections at the beginning of chapter

19 23 of such title is amended by adding at the end the fol20 lowing new item:

‘‘488. Annual report on activities and assistance under Cooperative Threat Reduction programs.’’.

21 (b) FIRST REPORT.—The first report submitted

22 under section 488 of title 10, United States Code, as

23 added by subsection (a), shall be submitted in 2002.
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1 (c) REPEAL OF SUPERSEDED REPORTING REQUIRE2 MENTS.—(1) The following provisions of law are repealed:

3 (A) Section 1207 of the Cooperative Threat Re4 duction Act of 1994 (title XII of Public Law 103–

5 160; 107 Stat. 1782; 22 U.S.C. 5956), relating to

6 semiannual reports on Cooperative Threat Reduc7 tion.

8 (B) Section 1203 of the National Defense Au9 thorization Act for Fiscal Year 1995 (Public Law

10 103–337; 108 Stat. 2882), relating to a report ac11 counting for United States for Cooperative Threat

12 Reduction.

13 (C) Section 1205 of the National Defense Au14 thorization Act for Fiscal Year 1995 (108 Stat.

15 2883; 10 U.S.C. 5952 note), relating to multiyear

16 planning and Allied support for Cooperative Threat

17 Reduction.

18 (D) Section 1206 of the National Defense Au19 thorization Act for Fiscal Year 1996 (Public Law

20 104–106; 22 U.S.C. 5955 note), relating to account21 ing for United States assistance for Cooperative

22 Threat Reduction.

23 (E) Section 1307 of the National Defense Au24 thorization Act for Fiscal Year 2000 (Public Law

25 106–65; 113 Stat. 795), relating to a limitation on
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1 use of funds for Cooperative Threat Reduction pend2 ing submittal of a multiyear plan.

3 (2) Section 1312 of the National Defense Authoriza4 tion Act for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C.

5 5955 note), relating to Russian nonstrategic nuclear arms,

6 is amended—

7 (A) by striking ‘‘(a) SENSE OF CONGRESS.—’’;

8 and

9 (B) by striking subsections (b) and (c).

10 SEC. 1208. LIMITATION ON USE OF FUNDS FOR CONSTRUC11 TION OF A RUSSIAN FACILITY FOR THE DE12 STRUCTION OF CHEMICAL WEAPONS.

13 Section 1305 of the National Defense Authorization

14 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

15 794; 22 U.S.C. 5952 note) is amended to read as follows:

16 ‘‘SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL

17 WEAPONS DESTRUCTION.

18 ‘‘(a) LIMITATION.—No fiscal year 2000 Cooperative

19 Threat Reduction funds, and no funds appropriated for

20 Cooperative Threat Reduction programs after the date of

21 the enactment of this Act, may be obligated or expended

22 for any fiscal year for the purpose of the construction of

23 the Shchuch’ye chemical weapons destruction facility in

24 Russia before the date that is 30 days after the Secretary

25 of Defense certifies in writing to the Committees on
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1 Armed Services of the Senate and the House of Represent2 atives for that fiscal year that each of the following condi3 tions has been met:

4 ‘‘(1) That the government of the Russian Fed5 eration has agreed to provide at least $25,000,000

6 annually for the construction support and operation

7 of the facility to destroy chemical weapons and for

8 the support and maintenance of the facility for that

9 purpose for each year of the entire operating life10 cycle of the facility.

11 ‘‘(2) That the government of the Russian Fed12 eration has agreed to utilize the facility to destroy

13 the remaining four stockpiles of nerve agents, which

14 are located at Kisner, Pochep, Leonidovka, and

15 Maradykovsky.

16 ‘‘(3) That the United States has obtained

17 multiyear commitments from governments of other

18 countries to donate funds for the support of essen19 tial social infrastructure projects for Shchuch’ye in

20 sufficient amounts to ensure that the projects are

21 adequately maintained during the entire operating

22 life-cycle of the facility.

23 ‘‘(4) That Russia has agreed to destroy its

24 chemical weapons production facilities at Volgograd

25 and Novocheboksark.
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1 ‘‘(b) TIMING OF CERTIFICATIONS.—The certification

2 under subsection (a) for any fiscal year shall be submitted

3 prior to the obligation of funds in such fiscal year for the

4 purpose specified in that subsection.’’.

5 SEC. 1209. LIMITATION ON USE OF FUNDS FOR ELIMI6 NATION OF WEAPONS GRADE PLUTONIUM

7 PROGRAM.

8 Of the amounts authorized to be appropriated by this

9 Act for fiscal year 2001 for the Elimination of Weapons

10 Grade Plutonium Program, not more than 50 percent of

11 such amounts may be obligated or expended for the pro12 gram in fiscal year 2001 until 30 days after the date on

13 which the Secretary of Defense submits to the Committees

14 on Armed Services of the Senate and House of Represent15 atives a report on an agreement between the United States

16 Government and the Government of the Russian Federa17 tion regarding a new option selected for the shut down

18 or conversion of the reactors of the Russian Federation

19 that produce weapons grade plutonium, including—

20 (1) the new date on which such reactors will

21 cease production of weapons grade plutonium under

22 such agreement by reason of the shut down or con23 version of such reactors; and

24 (2) any cost-sharing arrangements between the

25 United States Government and the Government of
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1 the Russian Federation in undertaking activities

2 under such agreement.

3 TITLE XIII—NAVY ACTIVITIES ON

4 THE ISLAND OF VIEQUES,

5 PUERTO RICO

6 SEC. 1301. ASSISTANCE FOR ECONOMIC GROWTH ON

7 VIEQUES.

8 (a) AUTHORITY.—The President may provide eco9 nomic assistance under this section for the people and

10 communities of the island of Vieques.

11 (b) MAXIMUM AMOUNT.—The total amount of eco12 nomic assistance provided under this section may, subject

13 to section 1303(b), be any amount up to $40,000,000.

14 SEC. 1302. REQUIREMENT FOR REFERENDUM ON CONTINU15 ATION OF NAVY TRAINING.

16 (a) REFERENDUM.—

17 (1) REQUIREMENT.—The President shall, ex18 cept as provided in paragraph (2), provide for a ref19 erendum to be conducted on the island of Vieques to

20 determine by a majority of the votes cast in the ref21 erendum by the Vieques electorate whether the peo22 ple of Vieques approve or disapprove of the continu23 ation of the conduct of live-fire training, and any

24 other types of training, by the Armed Forces at the
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1 Navy’s training sites on the island on the conditions

2 described in subsection (d).

3 (2) EXCEPTION.—If the Chief of Naval Oper4 ations and the Commandant of the Marine Corps

5 jointly submit to the congressional defense commit6 tees, after the date of the enactment of this Act and

7 before the date set forth in subsection (c), their cer8 tification that the Vieques Naval Training Range is

9 no longer needed for training by the Navy and the

10 Marine Corps, then the requirement for a ref11 erendum under paragraph (1) shall cease to be effec12 tive on the date on which the certification is sub13 mitted.

14 (b) PROHIBITION OF OTHER PROPOSITIONS.—In a

15 referendum under this section, no proposition or option

16 may be presented as an alternative to the propositions of

17 approval and of disapproval of the continuation of the con18 duct of training as described in subsection (a)(1).

19 (c) TIME FOR REFERENDUM.—A referendum re20 quired under this section shall be held on May 1, 2001,

21 or within 270 days before such date or 270 days after

22 such date. The Secretary of the Navy shall publicize the

23 date set for the referendum 90 days before that date.

24 (d) REQUIRED TRAINING CONDITIONS.—For the

25 purposes of a referendum under this section, the condi-
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1 tions for the continuation of the conduct of training are

2 those that are proposed by the Secretary of the Navy and

3 publicized on the island of Vieques in connection with, and

4 for a reasonable period in advance of, the referendum. The

5 conditions shall include the following:

6 (1) LIVE-FIRE TRAINING.—A condition that the

7 training may include live-fire training.

8 (2) MAXIMUM ANNUAL DAYS OF USE.—A condi9 tion that the training may be conducted on not more

10 than 90 days each year.

11 (e) PROCLAMATION OF OUTCOME.—Promptly after a

12 referendum is completed under this section, the President

13 shall determine, and issue a proclamation declaring, the

14 outcome of the referendum. The President’s determination

15 shall be final.

16 (f) VIEQUES ELECTORATE DEFINED.—In this sec17 tion, the term ‘‘Vieques electorate’’, with respect to a ref18 erendum under this section, means the residents of the

19 island of Vieques, Puerto Rico, who, as of the date that

20 is 180 days before the date of the referendum, have an

21 electoral domicile on, and are duly registered to vote on,

22 the island of Vieques under the laws of the Commonwealth

23 of Puerto Rico.
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1 SEC. 1303. ACTIONS IF TRAINING IS APPROVED.

2 (a) CONDITION FOR EFFECTIVENESS.—This section

3 shall take effect on the date on which the President issues

4 a proclamation under subsection (e) of section 1302 de5 claring that the continuation of the conduct of training

6 (including live-fire training) by the Armed Forces at the

7 Navy’s training sites on the island of Vieques on the condi8 tions described in subsection (d) of that section is ap9 proved in a referendum conducted under that section.

10 (b) ADDITIONAL ECONOMIC ASSISTANCE.—The

11 President may provide economic assistance for the people

12 and communities of the island of Vieques in a total

13 amount up to $50,000,000 in addition to the total amount

14 of economic assistance authorized to be provided under

15 section 1301.

16 SEC. 1304. REQUIREMENTS IF TRAINING IS NOT APPROVED

17 OR MANDATE FOR REFERENDUM IS VITI18 ATED.

19 (a) CONDITIONS FOR EFFECTIVENESS.—This section

20 shall take effect on the date on which either of the fol21 lowing occurs:

22 (1) The President issues a proclamation under

23 subsection (e) of section 1302 declaring that the

24 continuation of the conduct of training (including

25 live-fire training) by the Armed Forces at the Navy’s

26 training sites on the island of Vieques on the condi-
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1 tions described in subsection (d) of that section is

2 not approved in the referendum conducted under

3 that section.

4 (2) The requirement for a referendum under

5 section 1302 ceases to be effective under subsection

6 (a)(2) of that section.

7 (b) ACTIONS REQUIRED OF SECRETARY OF DE8 FENSE.—The Secretary of Defense—

9 (1) shall, not later than May 1, 2003—

10 (A) terminate all Navy and Marine Corps

11 training operations on the island of Vieques;

12 and

13 (B) terminate all Navy and Marine Corps

14 operations at Roosevelt Roads, Puerto Rico,

15 that are related to the use of the training range

16 on the island of Vieques by the Navy and the

17 Marine Corps.

18 (2) may relocate the units of the Armed Forces

19 (other than those of the reserve components) and ac20 tivities of the Department of Defense (including

21 nonappropriated fund activities) at Fort Buchanan,

22 Puerto Rico, to Roosevelt Roads, Puerto Rico, to en23 sure maximum utilization of capacity;

24 (3) shall close the Department of Defense in25 stallations and facilities on the island of Vieques
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1 (other than properties exempt from transfer under

2 section 1305); and

3 (4) shall, except as provided in section 1305,

4 transfer to the Secretary of the Interior—

5 (A) the Live Impact Area on the island of

6 Vieques;

7 (B) all Department of Defense real prop8 erties on the eastern side of that island that are

9 identified as conservation zones; and

10 (C) all other Department of Defense real

11 properties on the eastern side of that island.

12 (c) ACTIONS REQUIRED OF SECRETARY OF THE IN13 TERIOR.—The Secretary of the Interior shall retain, and

14 may not dispose of any of, the properties transferred

15 under subsection (b)(4) pending the enactment of a law

16 that addresses the disposition of those properties.

17 (d) GAO REVIEW.—

18 (1) REQUIREMENT FOR REVIEW.—The Comp19 troller General shall review the requirement for the

20 continued use of Fort Buchanan by active Army

21 forces and shall submit to the congressional defense

22 committees a report on the review. The report shall

23 contain the following:

24 (A) FINDINGS.—The findings resulting

25 from the review.
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1 (B) RECOMMENDATIONS.—Recommenda2 tions regarding the closure of Fort Buchanan

3 and the consolidation of United States military

4 forces to Roosevelt Roads, Puerto Rico.

5 (2) TIME FOR SUBMITTAL OF REPORT.—The

6 Comptroller General shall submit the report under

7 paragraph (1) not later than one year after the date

8 of the referendum conducted under section 1302 or

9 the date on which a certification is submitted to the

10 congressional defense committees under section

11 1302(a)(2), as the case may be.

12 SEC. 1305. EXEMPT PROPERTY.

13 (a) IN GENERAL.—The Department of Defense prop14 erties and property interests described in subsection (b)

15 may not be transferred out of the Department of Defense

16 under this title.

17 (b) PROPERTIES DESCRIBED.—The exemption under

18 subsection (a) applies to the following Department of De19 fense properties and property interests on the island of

20 Vieques:

21 (1) ROTHR SITE.—The site for relocatable

22 over-the-horizon radar.

23 (2) TELECOMMUNICATIONS SITES.—The Mount

24 Pirata telecommunications sites.
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1 (3) ASSOCIATED INTERESTS.—Any easements,

2 rights-of-way, and other interests in property that

3 the Secretary of Defense determines necessary for—

4 (A) ensuring access to the properties re5 ferred to in paragraphs (1) and (2);

6 (B) providing utilities for such properties;

7 (C) ensuring the security of such prop8 erties; and

9 (D) ensuring effective maintenance and op10 erations on the property.

11 SEC. 1306. MORATORIUM ON IMPROVEMENTS AT FORT BU12 CHANAN.

13 (a) IN GENERAL.—Except as provided in subsection

14 (b), no acquisition, construction, conversion, rehabilita15 tion, extension, or improvement of any facility at Fort Bu16 chanan, Puerto Rico, may be initiated or continued on or

17 after the date of the enactment of this Act.

18 (b) EXCEPTIONS.—The prohibition in subsection (a)

19 does not apply to the following:

20 (1) Actions necessary to maintain the existing

21 facilities (including utilities) at Fort Buchanan.

22 (2) The construction of reserve component fa23 cilities authorized before the date of the enactment

24 of this Act.
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1 (c) TERMINATION.—This subsection shall cease to be

2 effective upon the issuance of a proclamation described in

3 section 1303(a).

4 SEC. 1307. PROPERTY TRANSFERRED TO SECRETARY OF

5 THE INTERIOR.

6 (a) TRANSFERS REQUIRED.—Not later than Sep7 tember 30, 2005, the Secretary of Defense shall, except

8 as provided in section 1305, transfer to the Secretary of

9 the Interior all Department of Defense real properties on

10 the western part of the island of Vieques that are identi11 fied as conservation zones.

12 (b) ADMINISTRATION OF PROPERTIES AS WILDLIFE

13 REFUGES.—The Secretary of the Interior shall administer

14 as wildlife refuges under the National Wildlife Refuge Sys15 tem Administration Act of 1966 (16 U.S.C. 668dd et seq.)

16 all properties transferred to the Secretary under this sec17 tion.

18 SEC. 1308. LIVE IMPACT AREA.

19 (a) RESPONSIBILITY FOR LIVE IMPACT AREA.—

20 Upon a termination of Navy and Marine Corps training

21 operations on the island of Vieques under section 1304(b),

22 and pending the enactment of a law that addresses the

23 disposition of the Live Impact Area, the Secretary of the

24 Interior shall assume responsibility for the administration
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1 of the Live Impact Area and deny public access to the

2 area.

3 (b) LIVE IMPACT AREA DEFINED.—In this title, the

4 term ‘‘Live Impact Area’’ means the parcel of real prop5 erty, consisting of approximately 900 acres (more or less),

6 on the island of Vieques that is designated by the Sec7 retary of the Navy for targeting by live ordnance in the

8 training of forces of the Navy and Marine Corps.

Calendar No. 544

106TH CONGRESS

2D SESSION S. 2550

A BILL

To authorize appropriations for fiscal year 2001 for

military activities of the Department of Defense,to prescribe personnel strengths for such fiscalyear for the Armed Forces, and for other purposes.

MAY 12, 2000

Reported from the Committee on Armed Services, under

authority of the order of the Senate of May 11th,2000, the following original bill; which read twice andplaced on the calendar