106TH CONGRESS

2D SESSION S. 2550

AN ACT

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.

Sec. 113. Rapid intravenous infusion pumps.

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.

Sec. 126. Remanufactured AV–8B aircraft.

Sec. 127. Anti-personnel obstacle breaching system.

Subtitle D—Air Force Programs

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

Sec. 132. Conversion of AGM–65 Maverick missiles.

Subtitle E—Other Matters

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

technologies.

Sec. 142. Integrated bridge systems for naval systems special warfare rigid inflatable boats and high-speed assault craft.

Sec. 143. Repeal of prohibition on use of Department of Defense funds for procurement of nuclear-capable shipyard crane from a foreign

source.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations
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Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Sec. 203. Additional authorization for research, development, test, and evaluation on weathering and corrosion of aircraft surfaces and parts.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Fiscal year 2002 joint field experiment.

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

Sec. 213. DD–21 class destroyer program.

Sec. 214. F–22 aircraft program.

Sec. 215. Joint strike fighter program.

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

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

Sec. 218. Army space control technology development.

Sec. 219. Russian American Observation Satellites program.

Sec. 220. Joint biological defense program.

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

Sec. 222. Technologies for detection and transport of pollutants attributable to

live-fire activities.

Sec. 223. Acoustic mine detection.

Sec. 224. Operational technologies for mounted maneuver forces.

Sec. 225. Air logistics technology.

Sec. 226. Precision Location and Identification Program (PLAID).

Sec. 227. Navy Information Technology Center and Human Resource Enterprise Strategy.

Sec. 228. Joint Technology Information Center Initiative.

Sec. 229. Ammunition risk analysis capabilities.

Sec. 230. Funding for comparisons of medium armored combat vehicles.

Subtitle C—Other Matters

Sec. 241. Mobile offshore base.

Sec. 242. Air Force science and technology planning.

Sec. 243. Enhancement of authorities regarding education partnerships for purposes of encouraging scientific study.

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.

Sec. 313. Weatherproofing of facilities at Keesler Air Force Base, Mississippi.

Sec. 314. Demonstration project for Internet access and services in rural communities.

Sec. 315. Tethered Aerostat Radar System (TARS) sites.
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Sec. 316. Mounted Urban Combat Training site, Fort Knox, Kentucky.

Sec. 317. MK–45 overhaul.

Sec. 318. Industrial mobilization capacity at Government-owned, Governmentoperated Army ammunition facilities and arsenals.

Sec. 319. Close-in weapon system overhauls.

Sec. 320. Spectrum data base upgrades.

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.

Sec. 335. Unutilized and underutilized plant-capacity costs of United States arsenals.

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. Payment of fines or penalties imposed for environmental compliance

violations at certain Department of Defense facilities.

Sec. 345. Reimbursement for certain costs in connection with the Former

Nansemond Ordnance Depot Site, Suffolk, Virginia.

Sec. 346. Environmental restoration activities.

Sec. 347. Ship disposal project.

Sec. 348. Report on Defense Environmental Security Corporate Information

Management program.

Sec. 349. 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.
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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.

Sec. 377. Defense travel system.

Sec. 378. Review of AH–64 aircraft program.

Sec. 379. Assistance for maintenance, repair, and renovation of school facilities

that serve dependents of members of the Armed Forces and

Department of Defense civilian employees.

Sec. 380. Postponement of implementation of Defense Joint Accounting System

(DJAS) pending analysis of the system.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

on active duty in support of the reserves.

Subtitle C—Other Matters Relating to Personnel Strengths

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

Sec. 422. Exclusion of certain reserve component members on active duty for

more than 180 days from active component end strengths.

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

limitation on strengths of reserve commissioned officers in

grades below brigadier general.

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

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

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

from limitations on number of Air Force officers above major

general.

Subtitle D—Authorization of Appropriations
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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.

Sec. 511. Contingent exemption from limitation on number of Air Force officers serving on active duty in grades above major general.

Subtitle B—Joint Officer Management

Sec. 521. Joint specialty designations and additional identifiers.

Sec. 522. Promotion objectives.

Sec. 523. Education.

Sec. 524. Length of joint duty assignment.

Sec. 525. Annual report to Congress.

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

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

Subtitle C—Education and Training

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

service academies.

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

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

Training Corps.

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

assistance program.

Subtitle D—Matters Relating to Recruiting

Sec. 551. Army recruiting pilot programs.

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

and advertising programs.

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

Subtitle E—Military Voting Rights Act of 2000

Sec. 561. Short title.
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Sec. 562. Guarantee of residency.

Sec. 563. State responsibility to guarantee military voting rights.

Subtitle F—Other Matters

Sec. 571. Authority for award of Medal of Honor to certain specified persons.

Sec. 572. Waiver of time limitations for award of certain decorations to certain

persons.

Sec. 573. Ineligibility for involuntary separation pay upon declination of selection for continuation on active duty.

Sec. 574. Recognition by States of military testamentary instruments.

Sec. 575. 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.

Sec. 576. Senior officers in command in Hawaii on December 7, 1941.

Sec. 577. Verbatim records in special courts-martial.

Sec. 578. Management and per diem requirements for members subject to

lengthy or numerous deployments.

Sec. 579. Extension of TRICARE managed care support contracts.

Sec. 580. Preparation, participation, and conduct of athletic competitions and

small arms competitions by the National Guard and members

of the National Guard.

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.

Sec. 610. Special subsistence allowance for members eligible to receive food

stamp assistance.

Sec. 610A. Restructuring of basic pay tables for certain enlisted members.

Sec. 610B. Basic allowance for housing.

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

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

Sec. 618. Entitlement of active duty officers of the Public Health Service Corps

to special pays and bonuses of health professional officers of

the Armed Forces.

Sec. 619. Career sea pay.

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

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

bonus to include all Armed Forces.

Sec. 622. Entitlement of members of the National Guard and other reserves

not on active duty to receive special duty assignment pay.

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 after regular retirement.

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

Sec. 646. Policy on increasing minimum survivor benefit plan basic annuities

for surviving spouses age 62 or older.

Sec. 647. Survivor benefit plan annuities for survivors of all members who die

on active duty.

Sec. 648. Family coverage under servicemembers’ group life insurance.

Sec. 649. Fees paid by residents of the Armed Forces Retirement Home.

Sec. 650. Computation of survivor benefits.

Sec. 651. Equitable application of early retirement eligibility requirements to

military reserve technicians.

Sec. 652. Concurrent payment to surviving spouses of disability and indemnity

compensation and annuities under Survivor Benefit Plan.

Subtitle E—Other Matters

Sec. 661. Reimbursement of recruiting and ROTC personnel for parking expenses.

Sec. 662. Extension of deadline for filing claims associated with capture and internment of certain persons by North Vietnam.

Sec. 663. Settlement of claims for payments for unused accrued leave and for

retired pay.

Sec. 664. Eligibility of certain members of the Individual Ready Reserve for

Servicemembers’ Group Life Insurance.
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Sec. 665. Authority to pay gratuity to certain veterans of Bataan and Corregidor.

Sec. 666. Concurrent payment of retired pay and compensation for retired

members with service-connected disabilities.

Sec. 667. Travel by reserves on military aircraft to and from locations outside

the continental United States for inactive-duty training.

Sec. 668. Additional benefits and protections for personnel incurring injury, illness, or disease in the performance of funeral honors duty.

Sec. 669. Determinations of income eligibility for special supplemental food program.

Sec. 670. Modification of time for use by certain members of the Selected Reserve of entitlement to educational assistance.

Sec. 671. Recognition of members of the Alaska Territorial Guard as veterans.

Sec. 672. Clarification of Department of Veterans Affairs duty to assist.

Sec. 673. Back pay for members of the Navy and Marine Corps approved for

promotion while interned as prisoners of war during World

War II.

Subtitle F—Education Benefits

Sec. 681. Short title.

Sec. 682. Transfer of entitlement to educational assistance by certain members

of the Armed Forces.

Sec. 683. Participation of additional members of the Armed Forces in Montgomery GI Bill program.

Sec. 684. Modification of authority to pay tuition for off-duty training and education.

Sec. 685. Modification of time for use by certain members of Selected Reserve

of entitlement to certain educational assistance.

Subtitle G—Additional Benefits For Reserves and Their

Dependents

Sec. 691. Sense of Congress.

Sec. 692. Travel by Reserves on military aircraft.

Sec. 693. Billeting services for Reserve members traveling for inactive duty

training.

Sec. 694. Increase in maximum number of reserve retirement points that may

be credited in any year.

Sec. 695. Authority for provision of legal services to reserve component members following release from active duty.

TITLE VII—HEALTH CARE

Subtitle A—Senior Health Care

Sec. 701. Conditions for eligibility for CHAMPUS upon the attainment of 65

years of age.

Subtitle B—TRICARE Program

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

CONUS.

Sec. 712. Elimination of copayments for immediate family.

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

TRICARE program.

Sec. 714. Improvement of access to health care under the TRICARE program.
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Sec. 715. Enhancement of access to TRICARE in rural States.

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.

Sec. 743. Service areas of transferees of former uniformed services treatment

facilities that are included in the uniformed services health care

delivery system.

Sec. 744. Blue ribbon advisory panel on Department of Defense policies regarding the privacy of individual medical records.

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

positions.

Sec. 812. Defense acquisition and support workforce.

Sec. 813. Financial analysis of use of dual rates for quantifying overhead costs

at Army industrial facilities.

Sec. 814. Revision of the organization and authority of the Cost Accounting

Standards Board.

Sec. 815. Revision of authority for solutions-based contracting pilot program.

Sec. 816. Appropriate use of personnel experience and educational requirements

in the procurement of information technology services.

Sec. 817. Study of Office of Management and Budget Circular A–76 process.

Sec. 818. Procurement notice through electronic access to contracting opportunities.

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.

Sec. 914. Management of Navy research funds by Chief of Naval Research.

Sec. 915. United States Air Force Institute of Technology.

Sec. 916. Expansion of authority to exempt geodetic products of the Department of Defense from public disclosure.

Sec. 917. Coordination and facilitation of development of directed energy technologies, systems, and weapons.

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

for contract payments.

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

Sec. 1010. Repeal of certain provisions shifting certain outlays from one fiscal

year to another.

Sec. 1010A. Treatment of partial payments under service contracts.

Subtitle B—Counter-Drug Activities

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

for counter-drug activities.

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

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

Subtitle C—Strategic Forces

Sec. 1015. Revised nuclear posture review.

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

States strategic nuclear forces.

Sec. 1017. Correction of scope of waiver authority for limitation on retirement

or dismantlement of strategic nuclear delivery systems; authority to waive limitation.

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

Sec. 1019. Sense of Senate on the maintenance of the strategic nuclear

TRIAD.

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.

Sec. 1027. Report on spare parts and repair parts program of the Air Force

for the C–5 aircraft.

Sec. 1028. Report on the status of domestic preparedness against the threat of

biological terrorism.

Sec. 1029. Report on global missile launch early warning center.

Sec. 1030. Management review of working-capital fund activities.

Sec. 1031. Report on submarine rescue support vessels.

Sec. 1032. Reports on Federal Government progress in developing information

assurance strategies.

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.
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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.

Sec. 1061. Aerospace industry Blue Ribbon Commission.

Sec. 1062. Report to Congress regarding extent and severity of child poverty.

Sec. 1063. Improving property management.

Sec. 1064. Sense of the Senate regarding tax treatment of members receiving

special pay.

Sec. 1065. Department of Defense process for decisionmaking in cases of false

claims.

Sec. 1066. Sense of the Senate concerning long-term economic development aid

for communities rebuilding from Hurricane Floyd.

Sec. 1067. Authority to provide headstones or markers for marked graves or

otherwise commemorate certain individuals.

Sec. 1068. Comprehensive study and support for criminal investigations and

prosecutions by State and local law enforcement officials.

Sec. 1069. Student loan repayment programs.

Sec. 1070. Sense of the Senate on the modernization of Air National Guard F–

16A units.

Sec. 1071. Two-year extension of authority to engage in commercial activities

as security for intelligence collection activities.

Sec. 1072. Firefighter investment and response enhancement.

Sec. 1073. Breast cancer stamp extension.

Sec. 1074. Personnel security policies.

Sec. 1075. Additional matters for annual report on transfers of militarily sensitive technology to countries and entities of concern.

Sec. 1076. National security implications of United States-China trade relationship.

Sec. 1077. Secrecy policies and worker health.

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

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

civilian employees in the defense acquisition workforce.

Sec. 1105. Work safety demonstration program.

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

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

force.

Sec. 1108. Electronic maintenance of performance appraisal systems.

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

Sec. 1110. Leave for crews of certain vessels.

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

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

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

Sec. 1114. Clarification of personnel management authority under a personnel

demonstration project.

Sec. 1115. Extension of authority for voluntary separations in reductions in

force.

Sec. 1116. Extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement.

Sec. 1117. Department of Defense employee voluntary early retirement authority.

Sec. 1118. Restrictions on payments for academic training.

Sec. 1119. Strategic plan.

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.

Sec. 1210. Sense of Congress regarding the use of children as soldiers.

Sec. 1211. Support of consultations on Arab and Israeli arms control and regional security issues.

Sec. 1212. Authority to consent to retransfer of alternative former naval vessel

by Government of Greece.

Sec. 1213. United States-Russian Federation joint data exchange center on

early warning systems and notification of missile launches.

Sec. 1214. Adjustment of composite theoretical performance levels of high performance computers.
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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.

TITLE XIV—GOVERNMENT INFORMATION SECURITY

REFORM

Sec. 1401. Short title.

Sec. 1402. Coordination of Federal information policy.

Sec. 1403. Responsibilities of certain agencies.

Sec. 1404. Technical and conforming amendments.

Sec. 1405. Effective date.

TITLE XV—LOCAL LAW ENFORCEMENT ENHANCEMENT

ACT OF 2000

Sec. 1501. Short title.

Sec. 1502. Findings.

Sec. 1503. Definition of hate crime.

Sec. 1504. Support for criminal investigations and prosecutions by State and

local law enforcement officials.

Sec. 1505. Grant program.

Sec. 1506. Authorization for additional personnel to assist State and local law

enforcement.

Sec. 1507. Prohibition of certain hate crime acts.

Sec. 1508. Duties of Federal Sentencing Commission.

Sec. 1509. Statistics.

Sec. 1510. Severability.

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

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.
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1 TITLE I—PROCUREMENT

2 Subtitle A—Authorization of

3 Appropriations

4 SEC. 101. ARMY.

5 Funds are hereby authorized to be appropriated for

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

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

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

9 (3) For weapons and tracked combat vehicles,

10 $2,115,138,000.

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

12 (5) For other procurement, $4,039,670,000.

13 SEC. 102. NAVY AND MARINE CORPS.

14 (a) NAVY.—Funds are hereby authorized to be appro15 priated for fiscal year 2001 for procurement for the Navy

16 as follows:

17 (1) For aircraft, $8,685,958,000.

18 (2) For weapons, including missiles and tor19 pedoes, $1,539,950,000.

20 (3) For shipbuilding and conversion,

21 $12,900,076,000.

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

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

24 be appropriated for fiscal year 2001 for procurement for

25 the Marine Corps in the amount of $1,191,035,000.
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1 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

2 are hereby authorized to be appropriated for fiscal year

3 2001 for procurement of ammunition for the Navy and

4 the Marine Corps in the amount of $500,749,000.

5 SEC. 103. AIR FORCE.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 2001 for procurement for the Air Force as fol8 lows:

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

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

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

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

13 SEC. 104. DEFENSE-WIDE ACTIVITIES.

14 Funds are hereby authorized to be appropriated for

15 fiscal year 2001 for Defense-wide procurement in the

16 amount of $2,203,508,000.

17 SEC. 105. DEFENSE INSPECTOR GENERAL.

18 Funds are hereby authorized to be appropriated for

19 fiscal year 2001 for procurement for the Inspector General

20 of the Department of Defense in the amount of

21 $3,300,000.

22 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

23 There is hereby authorized to be appropriated for fis24 cal year 2001 the amount of $1,003,500,000 for—
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1 (1) the destruction of lethal chemical agents

2 and munitions in accordance with section 1412 of

3 the Department of Defense Authorization Act, 1986

4 (50 U.S.C. 1521); and

5 (2) the destruction of chemical warfare materiel

6 of the United States that is not covered by section

7 1412 of such Act.

8 SEC. 107. DEFENSE HEALTH PROGRAMS.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 2001 for the Department of Defense for pro11 curement for carrying out health care programs, projects,

12 and activities of the Department of Defense in the total

13 amount of $290,006,000.

14 Subtitle B—Army Programs

15 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

16 CERTAIN PROGRAMS.

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

18 2001 program year, the Secretary of the Army may, in

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

20 Code, enter into multiyear contracts for procurement of

21 the following:

22 (1) M2A3 Bradley fighting vehicles.

23 (2) UH–60L Blackhawk helicopters.

24 (3) CH–60S Seahawk helicopters.
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1 (b) LIMITATION FOR BRADLEY FIGHTING VEHI2 CLES.—The period for a multiyear contract entered into

3 under subsection (a)(1) may not exceed the three consecu4 tive program years beginning with the fiscal year 2001

5 program year.

6 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section

7 111 of the National Defense Authorization Act for Fiscal

8 Year 2000 (Public Law 106–65; 113 Stat. 531) is amend9 ed by striking paragraph (2).

10 SEC. 112. REPORTS AND LIMITATIONS RELATING TO ARMY

11 TRANSFORMATION.

12 (a) REPORT ON OBJECTIVE FORCE DEVELOPMENT

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

14 congressional defense committees a report on the process

15 for developing the objective force in the transformation of

16 the Army. The report shall include the following:

17 (1) The operational environments envisioned for

18 the objective force.

19 (2) The threat assumptions on which research

20 and development efforts for transformation of the

21 Army into the objective force are based.

22 (3) The potential operational and organizational

23 concepts for the objective force.

24 (4) The key performance parameters antici25 pated for the objective force and the operational re-
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1 quirements anticipated for the operational require2 ments document of the objective force.

3 (5) The schedule of Army transformation activi4 ties through fiscal year 2012, together with—

5 (A) the projected funding requirements

6 through that fiscal year for the research and

7 development activities and the procurement ac8 tivities;

9 (B) the specific adjustments that are made

10 for Army programs in the future-years defense

11 program and in the extended planning program

12 in order to program the funding necessary to

13 meet the funding requirements for Army trans14 formation; and

15 (C) a summary of the anticipated invest16 ments of the Defense Advanced Research

17 Projects Agency in programs designed to lead

18 to the fielding of future combat systems for the

19 objective force.

20 (6) The joint warfighting requirements that will

21 be supported by the fielding of the objective force,

22 together with a description of the adjustments that

23 are planned to be made in the war plans of the com24 manders of the regional unified combatant com-
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1 mands in relation to the fielding of the objective

2 force.

3 (7) The changes in lift requirements that result

4 from the establishment and fielding of the combat

5 brigades of the objective force.

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

7 support decisionmaking on the course of the Army

8 transformation, including a description of the oper9 ational evaluations and experimentation that will be

10 used to validate the key performance parameters as11 sociated with the objective force and the operational

12 requirements for the operational requirements docu13 ment of the objective force.

14 (b) REPORTS ON MEDIUM ARMORED COMBAT VEHI15 CLES FOR THE INTERIM BRIGADE COMBAT TEAMS.—(1)

16 The Secretary of the Army shall develop and carry out

17 a plan for comparing—

18 (A) the costs and operational effectiveness of

19 the medium armored combat vehicles selected for the

20 infantry battalions of the interim brigade combat

21 teams; and

22 (B) the costs and operational effectiveness of

23 the medium armored vehicles currently in the Army

24 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 SEC. 113. RAPID INTRAVENOUS INFUSION PUMPS.

5 Of the amount authorized to be appropriated under

6 section 101(5)—

7 (1) $6,000,000 shall be available for the pro8 curement of rapid intravenous infusion pumps; and

9 (2) the amount provided for the family of me10 dium tactical vehicles is hereby reduced by

11 $6,000,000.

12 Subtitle C—Navy Programs

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

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

15 Navy is authorized to procure the aircraft carrier to be

16 designated CVNX–1.

17 (b) ADVANCE PROCUREMENT AND CONSTRUCTION.—

18 The Secretary may enter into one or more contracts for

19 the advance procurement and advance construction of

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

21 (c) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

22 Of the amounts authorized to be appropriated under sec23 tion 102(a)(3) for fiscal year 2001, $21,869,000 is avail24 able for the advance procurement and advance construc-
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1 tion of components (including nuclear components) for the

2 CVNX–1 aircraft carrier program.

3 SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

4 (a) ECONOMICAL MULTIYEAR PROCUREMENT OF

5 PREVIOUSLY AUTHORIZED VESSELS AND ONE ADDI6 TIONAL VESSEL.—(1) Subsection (b) of section 122 of the

7 National Defense Authorization Act for Fiscal Year 1997

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

9 section 122(a) of Public Law 106–65 (113 Stat. 535), is

10 further amended by striking ‘‘a total of 18 Arleigh Burke

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

12 through the period at the end of that sentence and insert13 ing ‘‘Arleigh Burke class destroyers in accordance with

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

15 not in excess of 3 ships in each of the fiscal years begin16 ning after September 30, 1998, and before October 1,

17 2005. The authority under the preceding sentence is sub18 ject to the availability of appropriations for such destroy19 ers.’’.

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

21 striking ‘‘18’’.

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

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

24 Burke class destroyers to be procured after fiscal year
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1 2001 under multiyear contracts authorized under section

2 122(b) of Public Law 104–201—

3 (1) the Secretary of the Navy should—

4 (A) achieve the most economical rate of

5 procurement; and

6 (B) enter into such contracts for advance

7 procurement as may be necessary to achieve

8 that rate of procurement;

9 (2) the most economical rate of procurement

10 would be achieved by procuring 3 of the destroyers

11 in each of fiscal years 2002 and 2003 and procuring

12 another destroyer in fiscal year 2004; and

13 (3) the Secretary has the authority under sec14 tion 122(b) of Public Law 104–201 (110 Stat.

15 2446) and subsections (b) and (c) of section 122 of

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

17 procurement at the most economical rate, as de18 scribed in paragraph (2).

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

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

21 the Committees on Armed Services of the Senate and the

22 House of Representatives, not later than November 1,

23 2000, a report that updates the information provided in

24 the report of the Secretary of the Navy entitled the

25 ‘‘Arleigh Burke (DDG–51) Class Industrial Base Study
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1 of 1993’’. The Secretary shall transmit a copy of the up2 dated report to the Comptroller General not later than the

3 date on which the Secretary submits the report to the

4 committees.

5 (2) The Comptroller General shall review the updated

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

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

8 Services of the Senate and House of Representatives the

9 Comptroller General’s comments on the updated report.

10 SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.

11 (a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—

12 Of the amounts authorized to be appropriated by section

13 102(a)(3) for fiscal year 2001, $1,711,234,000 is available

14 for the Virginia class submarine program.

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

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

17 procurement of up to five Virginia class submarines, in18 cluding the procurement of material in economic order

19 quantities when cost savings are achievable, during fiscal

20 years 2003 through 2006. The submarines authorized

21 under the preceding sentence are in addition to the sub22 marines authorized under section 121(b) of the National

23 Defense Authorization Act for Fiscal Year 1998 (Public

24 Law 105–85; 111 Stat. 1648).
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1 (2) A contract entered into under paragraph (1) shall

2 include a clause that states that any obligation of the

3 United States to make a payment under this contract is

4 subject to the availability of appropriations for that pur5 pose.

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

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

8 to the procurement of submarines under this section.

9 (d) LIMITATION OF LIABILITY.—If a contract en10 tered into under this section is terminated, the United

11 States shall not be liable for termination costs in excess

12 of the total of the amounts appropriated for the Virginia

13 class submarine program that remain available for the

14 program.

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

16 the President submits the budget for fiscal year 2002 to

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

18 Code, the Secretary of Defense shall submit to the con19 gressional defense committees a report on the Navy’s fleet

20 of fast attack submarines. The report shall include the fol21 lowing:

22 (1) A plan for maintaining at least 55 fast at23 tack submarines in commissioned service through

24 2015, including, by 2015, 18 Virginia class sub25 marines.
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1 (2) Two assessments of the potential savings

2 that would be achieved under the Virginia class sub3 marine program if the production rate for such pro4 gram were at least two submarines each fiscal year,

5 as follows:

6 (A) An assessment if that were the produc7 tion rate beginning in fiscal year 2004.

8 (B) An assessment if that were the produc9 tion rate beginning in fiscal year 2006.

10 (3) An analysis of the advantages and disadvan11 tages of various contracting strategies for Virginia

12 class submarine program, including one or more

13 multiyear procurement strategies and one or more

14 strategies for block buy with economic order quan15 tity.

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

17 Notwithstanding any other provision of law, the Sec18 retary of the Navy may procure the construction of all

19 ADC(X) class ships in one shipyard if the Secretary deter20 mines that it is more cost effective to do so than to pro21 cure the construction of such ships from more than one

22 shipyard.
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1 SEC. 125. REFUELING AND COMPLEX OVERHAUL PROGRAM

2 OF THE CVN–69 NUCLEAR AIRCRAFT CAR3 RIER.

4 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

5 Of the amount authorized to be appropriated by section

6 102(a)(3) for fiscal year 2001, $703,441,000 is available

7 for the commencement of the nuclear refueling and com8 plex overhaul of the CVN–69 aircraft carrier during fiscal

9 year 2001. The amount made available in the preceding

10 sentence is the first increment in the incremental funding

11 planned for the nuclear refueling and complex overhaul of

12 the CVN–69 aircraft carrier.

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

14 Navy is authorized to enter into a contract during fiscal

15 year 2001 for the nuclear refueling and complex overhaul

16 of the CVN–69 nuclear aircraft carrier.

17 (c) CONDITION FOR OUT-YEAR CONTRACT PAY18 MENTS.—A contract entered into under subsection (b)

19 shall include a clause that states that any obligation of

20 the United States to make a payment under the contract

21 for a fiscal year after fiscal year 2001 is subject to the

22 availability of appropriations for that purpose for that

23 later fiscal year.

24 SEC. 126. REMANUFACTURED AV–8B AIRCRAFT.

25 Of the amount authorized to be appropriated by sec26 tion 102(a)(1)—
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1 (1) $318,646,000 is available for the procure2 ment of remanufactured AV–8B aircraft;

3 (2) $15,200,000 is available for the procure4 ment of UC–35 aircraft;

5 (3) $3,300,000 is available for the procurement

6 of automatic flight control systems for EA–6B air7 craft; and

8 (4) $46,000,000 is available for engineering

9 change proposal 583 for FA–18 aircraft.

10 SEC. 127. ANTI-PERSONNEL OBSTACLE BREACHING SYS11 TEM.

12 Of the total amount authorized to be appropriated

13 under section 102(c), $4,000,000 is available only for the

14 procurement of the anti-personnel obstacle breaching sys15 tem.

16 Subtitle D—Air Force Programs

17 SEC. 131. REPEAL OF REQUIREMENT FOR ANNUAL REPORT

18 ON B–2 BOMBER AIRCRAFT PROGRAM.

19 Section 112 of the National Defense Authorization

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

21 189; 103 Stat. 1373), as amended by section 141 of Pub22 lic Law 104–106 (110 Stat. 213), is repealed.

23 SEC. 132. CONVERSION OF AGM–65 MAVERICK MISSILES.

24 (a) INCREASE IN AMOUNT.—The amount authorized

25 to be appropriated by section 103(3) for procurement of
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1 missiles for the Air Force is hereby increased by

2 $2,100,000.

3 (b) AVAILABILITY OF AMOUNT.—(1) Of the amount

4 authorized to be appropriated by section 103(3), as in5 creased by subsection (a), $2,100,000 shall be available

6 for In-Service Missile Modifications for the purpose of the

7 conversion of Maverick missiles in the AGM–65B and

8 AGM–65G configurations to Maverick missiles in the

9 AGM–65H and AGM–65K configurations.

10 (2) The amount available under paragraph (1) for the

11 purpose specified in that paragraph is in addition to any

12 other amounts available under this Act for that purpose.

13 (c) OFFSET.—The amount authorized to be appro14 priated by section 103(1) for procurement of aircraft for

15 the Air Force is hereby reduced by $2,100,000, with the

16 amount of the reduction applicable to amounts available

17 under that section for ALE–50 Code Decoys.

18 Subtitle E—Other Matters

19 SEC. 141. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT

20 AND MUNITIONS DESTRUCTION TECH21 NOLOGIES.

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

23 be used for the destruction of the stockpile of lethal chem24 ical agents and munitions at Pueblo Chemical Depot, Col25 orado, whether under the assessment required by section
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1 141(a) of the National Defense Authorization Act for Fis2 cal Year 2000 (Public Law 106–65; 113 Stat. 537; 50

3 U.S.C. 1521 note), the Assembled Chemical Weapons As4 sessment, or any other assessment, the Secretary of De5 fense may consider only the following technologies:

6 (1) Incineration.

7 (2) Any technologies demonstrated under the

8 Assembled Chemical Weapons Assessment on or be9 fore May 1, 2000.

10 (b) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT

11 DEFINED.—As used in subsection (a), the term ‘‘Assem12 bled Chemical Weapons Assessment’’ means the pilot pro13 gram carried out under section 8065 of the Department

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

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

16 1521 note).

17 SEC. 142. INTEGRATED BRIDGE SYSTEMS FOR NAVAL SYS18 TEMS SPECIAL WARFARE RIGID INFLATABLE

19 BOATS AND HIGH-SPEED ASSAULT CRAFT.

20 (a) INCREASE IN AUTHORIZATION FOR PROCURE21 MENT, DEFENSE-WIDE.—The amount authorized to be

22 appropriated by section 104 for procurement, Defense23 wide, is hereby increased by $7,000,000.

24 (b) AVAILABILITY OF AMOUNT.—Of the amount au25 thorized to be appropriated by section 104, as increased
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1 by subsection (a), $7,000,000 shall be available for the

2 procurement and installation of integrated bridge systems

3 for naval systems special warfare rigid inflatable boats and

4 high-speed assault craft for special operations forces.

5 (c) OFFSET.—The amount authorized to be appro6 priated by section 103(4), for other procurement for the

7 Air Force, is hereby reduced by $7,000,000.

8 SEC. 143. REPEAL OF PROHIBITION ON USE OF DEPART9 MENT OF DEFENSE FUNDS FOR PROCURE10 MENT OF NUCLEAR-CAPABLE SHIPYARD

11 CRANE FROM A FOREIGN SOURCE.

12 Section 8093 of the Department of Defense Appro13 priations Act, 2000 (Public Law 106–79; 113 Stat. 1253)

14 is amended by striking subsection (d), relating to a prohi15 bition on the use of Department of Defense funds to pro16 cure a nuclear-capable shipyard crane from a foreign

17 source.
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for

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

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

10 (1) For the Army, $5,501,946,000.

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

12 (3) For the Air Force, $13,887,836,000.

13 (4) For Defense-wide activities,

14 $11,275,202,000, of which $223,060,000 is author15 ized for the Director of Operational Test and Eval16 uation.

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

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

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

20 be available for basic research and applied research

21 projects.

22 (b) BASIC RESEARCH AND APPLIED RESEARCH DE23 FINED.—For purposes of this section, the term ‘‘basic re24 search and applied research’’ means work funded in pro-
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1 gram elements for defense research and development

2 under Department of Defense category 6.1 or 6.2.

3 SEC. 203. ADDITIONAL AUTHORIZATION FOR RESEARCH,

4 DEVELOPMENT, TEST, AND EVALUATION ON

5 WEATHERING AND CORROSION OF AIRCRAFT

6 SURFACES AND PARTS.

7 (a) INCREASE IN AUTHORIZATION.—The amount au8 thorized to be appropriated by section 201(3) is hereby

9 increased by $1,500,000.

10 (b) AVAILABILITY OF FUNDS.—The amount available

11 under section 201(3), as increased by subsection (a), for

12 research, development, test, and evaluation on weathering

13 and corrosion of aircraft surfaces and parts (PE62102F)

14 is hereby increased by $1,500,000.

15 (c) OFFSET.—The amount authorized to be appro16 priated by section 201(4) is hereby decreased by

17 $1,500,000, with the amount of such decrease being allo18 cated to Sensor and Guidance Technology (PE63762E).

19 Subtitle B—Program Require20 ments, Restrictions, and Limita21 tions

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

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

24 carry out a joint field experiment in fiscal year 2002. The
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1 Secretary shall ensure that the planning for the joint field

2 experiment is carried out during fiscal year 2001.

3 (b) PURPOSE.—The purpose of the joint field experi4 ment is to explore the most critical war fighting challenges

5 at the operational level of war that will confront United

6 States joint military forces after 2010.

7 (c) PARTICIPATING FORCES.—(1) The joint field ex8 periment shall involve elements of Army, Navy, Marine

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

10 forces.

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

12 field experiment shall exemplify the concepts for organiza13 tion, equipment, and doctrine that are conceived for the

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

15 Joint Chiefs of Staff) and the current vision statements

16 of the Chief of Staff of the Army, the Chief of Naval Oper17 ations and the Commandant of the Marine Corps, and the

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

19 concepts:

20 (A) Air Force expeditionary aerospace forces.

21 (B) Army medium weight brigades.

22 (C) Navy forward from the sea.

23 (d) FUNDING.—Of the amount authorized to be ap24 propriated under section 201(2) for joint experimentation,
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1 $6,000,000 shall be available only for planning the joint

2 field experiment required under this section.

3 SEC. 212. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRO4 DUCTION MODELING.

5 Of the amount authorized to be appropriated under

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

7 design and production modeling, $10,000,000 shall be

8 available for the conversion and development of nuclear

9 aircraft carrier design data into an electronic, three-di10 mensional product model.

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

12 (a) AUTHORITY.—The Secretary of the Navy is au13 thorized to pursue a technology insertion approach for the

14 construction of the DD–21 destroyer on the following

15 schedule:

16 (1) Commencement of construction during fis17 cal year 2004.

18 (2) Delivery of the completed vessel during fis19 cal year 2009.

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that—

22 (1) there are compelling reasons for starting

23 the program for constructing the DD–21 destroyer

24 in fiscal year 2004 and continuing with sequential

25 construction of DD–21 class destroyers during the
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1 ensuing fiscal years until 32 DD–21 class destroyers

2 are constructed; and

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

4 the acquisition of DD–21 class destroyers, should

5 consider that—

6 (A) the Marine Corps needs the surface

7 fire support capabilities of the DD–21 class de8 stroyers as soon as possible in order to mitigate

9 the inadequacies of the surface fire support ca10 pabilities that are currently available;

11 (B) the Navy and Marine Corps need to

12 resolve whether there is a requirement for sur13 face fire support missile weapon systems to be

14 easily sustainable by means of replenishment

15 while under way;

16 (C) the technology insertion approach has

17 been successful for other ship construction pro18 grams and is being pursued for the CVN(X)

19 and Virginia class submarine programs;

20 (D) the establishment of a stable configu21 ration for the first 10 DD–21 class destroyers

22 should enable the construction of the ships with

23 the greatest capabilities at the lowest cost; and

24 (E) action to acquire DD–21 class destroy25 ers should be taken as soon as possible in order
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1 to realize fully the cost savings that can be de2 rived from the construction and operation of

3 DD–21 class destroyers, including—

4 (i) savings in construction costs that

5 would result from achievement of the

6 Navy’s target per-ship cost of

7 $750,000,000 by the fifth ship constructed

8 in each construction yard;

9 (ii) savings that will result from the

10 estimated reduction of the crews of de11 stroyers by 200 or more personnel for each

12 ship; and

13 (iii) savings that will result from a re14 duction in the operating costs for destroy15 ers by an estimated 70 percent.

16 (c) NAVY PLAN FOR USE OF TECHNOLOGY INSER17 TION APPROACH FOR CONSTRUCTION OF THE DD–21

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

19 Committees on Armed Services of the Senate and the

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

21 a plan for pursuing a technology insertion approach for

22 the construction of the DD–21 destroyer as authorized

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

24 the resources necessary to execute the plan.
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1 (d) REPORT ON ACQUISITION AND MAINTENANCE

2 PLAN FOR DD–21 CLASS SHIPS.—The Secretary of De3 fense shall submit to the Committees on Armed Services

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

5 April 18, 2001, a report on the Navy’s plan for the acqui6 sition and maintenance of DD–21 class destroyers. The

7 report shall include a discussion of each of the following

8 matters:

9 (1) The technical feasibility of commencing con10 struction of the DD–21 destroyer in fiscal year 2004

11 and achieving delivery of the completed ship to the

12 Navy during fiscal year 2009.

13 (2) An analysis of the advantages and disadvan14 tages of various contracting strategies for the con15 struction of the first 10 DD–21 class destroyers, in16 cluding one or more multiyear procurement strate17 gies and one or more strategies for block buy in eco18 nomic order quantity.

19 (3) The effects on the destroyer industrial base

20 and on costs to other Navy shipbuilding programs of

21 delaying the commencement of construction of the

22 DD–21 destroyer until fiscal year 2005 and delaying

23 the commencement of construction of the next DD–

24 21 class destroyer until fiscal year 2007.
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1 (4) The effects on the fleet maintenance strate2 gies of Navy fleet commanders, on commercial main3 tenance facilities in fleet concentration areas, and on

4 the administration of funds in compliance with sec5 tion 2466 of title 10, United States Code, of award6 ing to a contractor for the construction of a DD–21

7 class destroyer all maintenance workloads for DD–

8 21 class destroyers that are below depot-level main9 tenance and above ship-level maintenance.

10 SEC. 214. F–22 AIRCRAFT PROGRAM.

11 Section 217(c) of the National Defense Authorization

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

13 1660) is amended by adding at the end the following:

14 ‘‘(3) With respect to the limitation in sub15 section (a), an increase by an amount that does not

16 exceed one percent of the total amount of that limi17 tation (taking into account the increases and de18 creases, if any, under paragraphs (1) and (2)) if the

19 Director of Operational Test and Evaluation, after

20 consulting with the Under Secretary of Defense for

21 Acquisition, Technology, and Logistics, determines

22 that the increase is necessary in order to ensure ade23 quate testing.’’.
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1 SEC. 215. JOINT STRIKE FIGHTER PROGRAM.

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

3 the Secretary shall submit to Congress a report on the

4 joint strike fighter program. The report shall contain the

5 following:

6 (1) A description of the program as the pro7 gram has been restructured before the date of the

8 report, including any modified acquisition strategy

9 that has been incorporated into the program.

10 (2) The exit criteria that have been established

11 to ensure that technical risks are at levels acceptable

12 for entry of the program into engineering and manu13 facturing development.

14 (b) TRANSFERS FROM OTHER NAVY AND AIR FORCE

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

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

17 fighter program or within the joint strike fighter program

18 amounts authorized to be appropriated under section 201

19 for a purpose other than the purpose of the authorization

20 of appropriations to which transferred, as follows:

21 (A) Of the funds authorized to be appropriated

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

23 (B) Of the funds authorized to be appropriated

24 under section 201(3), up to $150,000,000.
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1 (2) The transfer authority under paragraph (1) is in

2 addition to the transfer authority provided in section

3 1001.

4 SEC. 216. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UN5 MANNED AERIAL VEHICLE.

6 (a) CONCEPT DEMONSTRATION REQUIRED.—The

7 Secretary of Defense shall require and coordinate a con8 cept demonstration of the Global Hawk high altitude en9 durance unmanned aerial vehicle.

10 (b) PURPOSE OF DEMONSTRATION.—The purpose of

11 the concept demonstration is to demonstrate the capability

12 of the Global Hawk high altitude endurance unmanned

13 aerial vehicle to operate in an airborne surveillance mode,

14 using available, non-developmental technology.

15 (c) TIME FOR DEMONSTRATION.—The demonstration

16 shall take place as early in fiscal year 2001 as the Sec17 retary determines practicable.

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

19 require the Commander in Chief of the United States

20 Joint Forces Command and the Commander in Chief of

21 the United States Southern Command jointly to provide

22 guidance for the demonstration and otherwise to partici23 pate in the demonstration.

24 (e) SCENARIO FOR DEMONSTRATION.—The dem25 onstration shall be conducted in a counter-drug surveil-
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1 lance scenario that is designed to replicate factual condi2 tions typically encountered in the performance of the

3 counter-drug surveillance mission of the Commander in

4 Chief of the United States Southern Command within that

5 commander’s area of responsibility.

6 (f) REPORT.—Not later than 45 days after the con7 cept demonstration is completed, the Secretary shall sub8 mit to Congress a report on the results of the demonstra9 tion. The report shall include the following:

10 (1) The Secretary’s assessment of the technical

11 feasibility of using the Global Hawk high altitude

12 endurance unmanned aerial vehicle for airborne air

13 surveillance.

14 (2) A discussion of the operational concept for

15 the use of the vehicle for that purpose.

16 SEC. 217. UNMANNED ADVANCED CAPABILITY AIRCRAFT

17 AND GROUND COMBAT VEHICLES.

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

19 to achieve the fielding of unmanned, remotely controlled

20 technology such that—

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

22 strike aircraft of the Armed Forces are unmanned;

23 and
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1 (2) by 2015, one-third of the operational

2 ground combat vehicles of the Armed Forces are un3 manned.

4 (b) REPORT ON ADVANCED CAPABILITY GROUND

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

6 the Secretary of Defense shall submit to the congressional

7 defense committees a report on each of the programs un8 dertaken by the Secretaries of the Army, Navy, and Air

9 Force jointly with the Director of the Defense Advanced

10 Research Projects Agency to demonstrate advanced capa11 bility ground combat vehicles. The report shall include the

12 following for the program of each military department:

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

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

15 demonstration of the capability for unmanned, re16 motely controlled operation of advanced capability

17 ground combat vehicles for the Army.

18 (2) An identification of the funding required for

19 fiscal year 2002 and for the future-years defense

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

21 of the Army program, for the demonstration de22 scribed in paragraph (1).

23 (3) A description and assessment of the acquisi24 tion strategy for unmanned ground combat vehicles

25 planned by the Secretary of the military department
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1 concerned, together with a complete identification of

2 all operation, support, ownership, and other costs re3 quired to carry out such strategy through the year

4 2030.

5 (c) FUNDS.—Of the amount authorized to be appro6 priated for Defense-wide activities under section 201(4)

7 for the Defense Advanced Research Projects Agency,

8 $200,000,000 shall be available only to carry out the pro9 grams referred to in subsection (b).

10 SEC. 218. ARMY SPACE CONTROL TECHNOLOGY DEVELOP11 MENT.

12 (a) KINETIC ENERGY ANTI-SATELLITE TECH13 NOLOGY PROGRAM.—Of the funds authorized to be appro14 priated under section 201(4), $20,000,000 shall be avail15 able for the kinetic energy anti-satellite technology pro16 gram.

17 (b) OTHER ARMY SPACE CONTROL TECHNOLOGY

18 DEVELOPMENT.—Of the funds authorized to be appro19 priated under section 201(4), $5,000,000 shall be avail20 able for the development of space control technologies that

21 emphasize reversible or temporary effects.

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

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

24 funds provided for the kinetic energy anti-satellite tech25 nology program under subsection (a) have been released
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1 to the kinetic energy anti-satellite technology program

2 manager.

3 SEC. 219. RUSSIAN AMERICAN OBSERVATION SATELLITES

4 PROGRAM.

5 None of the funds authorized to be appropriated

6 under section 201(4) for the Russian American Observa7 tion Satellites program may be obligated or expended until

8 30 days after the Secretary of Defense submits to Con9 gress a report explaining how the Secretary plans to pro10 tect United States advanced military technology that may

11 be associated with the Russian American Observation Sat12 ellites program.

13 SEC. 220. JOINT BIOLOGICAL DEFENSE PROGRAM.

14 (a) LIMITATION.—Funds authorized to be appro15 priated by this Act may not be obligated for the procure16 ment of a vaccine for the biological agent anthrax until

17 the Secretary of Defense has submitted to the congres18 sional defense committees the following:

19 (1) A written notification that the Food and

20 Drug Administration has approved for production of

21 the vaccine the manufacturing source from which

22 the Department of Defense is procuring the vaccine

23 as of the date of the enactment of this Act (here24 after in this section referred to as the ‘‘current man25 ufacturer’’).
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1 (2) A report on the contingencies associated

2 with continuing to rely on the current manufacturer

3 to supply anthrax vaccine.

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

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

6 (1) Recommended strategies to mitigate the

7 risk to the Department of Defense of losing the cur8 rent manufacturer as a source of anthrax vaccine,

9 together with a discussion of the criteria to be ap10 plied in determining whether to carry out any of the

11 strategies and which strategy to carry out.

12 (2) Recommended strategies to ensure that the

13 Department of Defense can procure from any source

14 or sources an anthrax vaccine approved by the Food

15 and Drug Administration that meets the require16 ments of the department if—

17 (A) the Food and Drug Administration

18 does not approve the release of the anthrax vac19 cine available from the current manufacturer;

20 or

21 (B) the current manufacturer terminates

22 the production of anthrax vaccine permanently.

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

24 recommended under paragraph (1) or (2).
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1 SEC. 221. REPORT ON BIOLOGICAL WARFARE DEFENSE

2 VACCINE RESEARCH AND DEVELOPMENT

3 PROGRAMS.

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

5 Defense shall submit to the congressional defense commit6 tees, not later than February 1, 2001, a report on the

7 acquisition of biological warfare defense vaccines for the

8 Department of Defense.

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

10 the following:

11 (1) The Secretary’s evaluation of the implica12 tions of reliance on the commercial sector to meet

13 the requirements of the Department of Defense for

14 biological warfare defense vaccines.

15 (2) A complete design for a facility at an alter16 native site determined by the Secretary that is de17 signed to be operated under government ownership

18 by a contractor for the production of biological war19 fare defense vaccines to meet the current and future

20 requirements of the Department of Defense for bio21 logical warfare defense vaccines, together with—

22 (A) an estimation of the cost of contractor

23 operation of such a facility for that purpose;

24 (B) a determination, developed in consulta25 tion with the Surgeon General of the United

26 States, on the utility of such a facility to sup-
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1 port civilian vaccine requirements and a discus2 sion of the effects that the use of the facility for

3 that purpose would have on the operating costs

4 for vaccine production at the facility; and

5 (C) an analysis of the effects that inter6 national demand for vaccines would have on the

7 operating costs for vaccine production at such

8 a facility.

9 (c) BIOLOGICAL WARFARE DEFENSE VACCINE DE10 FINED.—In this section, the term ‘‘biological warfare de11 fense vaccine’’ means a vaccine useful for the immuniza12 tion of military personnel to protect against biological

13 agents on the Validated Threat List issued by the Joint

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

15 is being developed.

16 SEC. 222. TECHNOLOGIES FOR DETECTION AND TRANS17 PORT OF POLLUTANTS ATTRIBUTABLE TO

18 LIVE-FIRE ACTIVITIES.

19 (a) INCREASE IN AMOUNT.—The amount authorized

20 to be appropriated by section 201(4) for research, develop21 ment, test, and evaluation Defense-wide is hereby in22 creased by $5,000,000.

23 (b) AVAILABILITY OF AMOUNT.—Of the amount au24 thorized to be appropriated by section 201(4), as increased

25 by subsection (a), the amount available for the Strategic
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1 Environmental Research and Development Program

2 (PE6034716D) is hereby increased by $5,000,000, with

3 the amount of such increase available for the development

4 and test of technologies to detect, analyze, and map the

5 presence of, and transport of, pollutants and contaminants

6 at sites undergoing the detection and remediation of con7 stituents attributable to live-fire activities in a variety of

8 hydrogeological scenarios.

9 (c) ADDITIONAL REQUIREMENT.—Performance

10 measures shall be established for the technologies de11 scribed in subsection (b) for purposes of facilitating the

12 implementation and utilization of such technologies by the

13 Department of Defense.

14 (d) OFFSET.—The amount authorized to be appro15 priated by section 201(4) for research, development, test,

16 and evaluation, Defense-wide is hereby decreased by

17 $5,000,000, with the amount of such decrease applied to

18 Computing Systems and Communications Technology

19 (PE602301E).

20 SEC. 223. ACOUSTIC MINE DETECTION.

21 (a) INCREASE IN AMOUNT.—(1) The amount author22 ized to be appropriated by section 201(1) for research, de23 velopment, test, and evaluation for the Army is hereby in24 creased by $2,500,000.
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1 (2) Of the amount authorized to be appropriated by

2 section 201(1), as increased by paragraph (1), the amount

3 available for Countermine Systems (PE602712A) is here4 by increased by $2,500,000, with the amount of such in5 crease available for research in acoustic mine detection.

6 (b) OFFSET.—The amount authorized to be appro7 priated by section 201(4) for research, development, test,

8 and evaluation Defense-wide is hereby decreased by

9 $2,500,000, with the amount of such decrease to be ap10 plied to Sensor Guidance Technology (PE603762E).

11 SEC. 224. OPERATIONAL TECHNOLOGIES FOR MOUNTED

12 MANEUVER FORCES.

13 (a) INCREASE IN AMOUNT.—(1) The amount author14 ized to be appropriated by section 201(1) for research, de15 velopment, test, and evaluation for the Army is hereby in16 creased by $5,000,000.

17 (2) Of the amount authorized to be appropriated by

18 section 201(1), as increased by paragraph (1), the amount

19 available for Concepts Experimentation Program

20 (PE605326A) is hereby increased by $5,000,000, with the

21 amount of such increase available for test and evaluation

22 of future operational technologies for use by mounted ma23 neuver forces.

24 (b) OFFSET.—The amount authorized to be appro25 priated by section 201(4) for research, development, test,
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1 and evaluation Defense-wide is hereby decreased by

2 $5,000,000, with the amount of such decrease to be ap3 plied to Computing Systems and Communications Tech4 nology (PE602301E).

5 SEC. 225. AIR LOGISTICS TECHNOLOGY.

6 (a) AVAILABILITY OF AMOUNT.—Of the amount au7 thorized to be appropriated by section 201(4) for research,

8 development, test, and evaluation Defense-wide, the

9 amount available for Generic Logistics Research and De10 velopment Technology Demonstrations (PE603712S) is

11 hereby increased by $300,000, with the amount of such

12 increase available for air logistics technology.

13 (b) OFFSET.—Of the amount authorized to be appro14 priated by section 201(4), the amount available for Com15 puting Systems and Communications Technology

16 (PE602301E) is hereby decreased by $300,000.

17 SEC. 226. PRECISION LOCATION AND IDENTIFICATION PRO18 GRAM (PLAID).

19 (a) INCREASE IN AMOUNT.—(1) The amount author20 ized to be appropriated by section 201(3) for research, de21 velopment, test, and evaluation for the Air Force is hereby

22 increased by $8,000,000.

23 (2) Of the amount authorized to be appropriated by

24 section 201(3), as increased by paragraph (1), the amount

25 available for Electronic Warfare Development
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1 (PE604270F) is hereby increased by $8,000,000, with the

2 amount of such increase available for the Precision Loca3 tion and Identification Program (PLAID).

4 (b) OFFSET.—The amount authorized to be appro5 priated by section 201(1) for research, development, test,

6 and evaluation for the Army is hereby decreased by

7 $8,000,000, with the amount of the reduction applied to

8 Electronic Warfare Development (PE604270A).

9 SEC. 227. NAVY INFORMATION TECHNOLOGY CENTER AND

10 HUMAN RESOURCE ENTERPRISE STRATEGY.

11 (a) AVAILABILITY OF INCREASED AMOUNT.—(1) Of

12 the amount authorized to be appropriated by section

13 201(2), for research, development, test, and evaluation for

14 the Navy, $5,000,000 shall be available for the Navy Pro15 gram Executive Office for Information Technology for

16 purposes of the Information Technology Center and for

17 the Human Resource Enterprise Strategy implemented

18 under section 8147 of the Department of Defense Appro19 priations Act, 1999 (Public Law 105–262; 112 Stat.

20 2341; 10 U.S.C. 113 note).

21 (2) Amounts made available under paragraph (1) for

22 the purposes specified in that paragraph are in addition

23 to any other amounts made available under this Act for

24 such purposes.
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1 (b) OFFSET.—Of the amount authorized to be appro2 priated by section 201(2), the amount available for Marine

3 Corps Assault Vehicles (PE603611M) is hereby reduced

4 by $5,000,000.

5 SEC. 228. JOINT TECHNOLOGY INFORMATION CENTER INI6 TIATIVE.

7 Of the amount authorized to be appropriated under

8 section 201(4)—

9 (1) $20,000,000 shall be available for the Joint

10 Technology Information Center Initiative; and

11 (2) the amount provided for cyber attack sens12 ing and warning under the information systems se13 curity program (account 0303140G) is reduced by

14 $20,000,000.

15 SEC. 229. AMMUNITION RISK ANALYSIS CAPABILITIES.

16 (a) AVAILABILITY OF AMOUNT.—Of the amount au17 thorized to be appropriated by section 201(4) for research,

18 development, test, and evaluation Defense-wide, the

19 amount available for Explosives Demilitarization Tech20 nology (PE603104D) is hereby increased by $5,000,000,

21 with the amount of such increase available for research

22 into ammunition risk analysis capabilities.

23 (b) OFFSET.—Of the amount authorized to be appro24 priated by section 201(4), the amount available for Com-
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1 puting Systems and Communications Technology

2 (PE602301E) is hereby decreased by $5,000,000.

3 SEC. 230. FUNDING FOR COMPARISONS OF MEDIUM AR4 MORED COMBAT VEHICLES.

5 Of the amount authorized to be appropriated under

6 section 201(1), $40,000,000 shall be available for the ad7 vanced tank armament system program for the develop8 ment and execution of the plan for comparing costs and

9 operational effectiveness of medium armored combat vehi10 cles required under section 112(b).

11 Subtitle C—Other Matters

12 SEC. 241. MOBILE OFFSHORE BASE.

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

14 Secretary of Defense shall submit to Congress a report

15 on the mobile offshore base concept.

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

17 the following:

18 (1) A cost-benefit analysis of the mobile off19 shore base, using operational concepts that would

20 support the National Military Strategy.

21 (2) A recommendation regarding whether to

22 proceed with the mobile offshore base as a program

23 and, if so—
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1 (A) a statement regarding which of the

2 Armed Forces is to be designated to have the

3 lead responsibility for the program; and

4 (B) a schedule for the program.

5 SEC. 242. AIR FORCE SCIENCE AND TECHNOLOGY PLAN6 NING.

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

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

9 Force shall submit to the congressional defense commit10 tees a report on the long-term challenges and short-term

11 objectives of the Air Force science and technology pro12 gram. The report shall include the following:

13 (1) An assessment of the budgetary resources

14 that are being used for fiscal year 2001 for address15 ing the long-term challenges and the short-term ob16 jectives.

17 (2) The budgetary resources that are necessary

18 to address those challenges and objectives ade19 quately.

20 (3) A course of action for any projected or on21 going Air Force science and technology programs

22 that do not address either the long-term challenges

23 or the short-term objectives.

24 (4) The matters required under subsection

25 (b)(5) and (c)(6).
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1 (b) LONG-TERM CHALLENGES.—(1) The Secretary

2 of the Air Force shall establish an integrated product team

3 to identify high-risk, high-payoff challenges that will pro4 vide a long-term focus and motivation for the Air Force

5 science and technology program over the next 20 to 50

6 years. The integrated product team shall include rep7 resentatives of the Office of Scientific Research and per8 sonnel from the Air Force Research Laboratory.

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

10 Force science and technology community on the matters

11 under consideration by the team.

12 (3) The team—

13 (A) shall select for consideration science and

14 technology challenges that involve—

15 (i) compelling requirements of the Air

16 Force;

17 (ii) high-risk, high-payoff areas of explo18 ration; and

19 (iii) very difficult, but probably achievable,

20 results; and

21 (B) should not include as a selected challenge

22 any linear extension of an ongoing Air Force science

23 and technology program.

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

25 for Science, Technology, and Engineering shall designate
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1 a technical coordinator and a management coordinator for

2 each science and technology challenge identified pursuant

3 to this subsection. Each technical coordinator shall have

4 sufficient expertise in fields related to the challenge to be

5 able to identify other experts and affirm the credibility of

6 the program. The coordinator for a science and technology

7 challenge shall conduct workshops within the relevant sci8 entific and technological community to obtain suggestions

9 for possible approaches to addressing the challenge, to

10 identify ongoing work that addresses the challenge, to

11 identify gaps in current work relating to the challenge,

12 and to highlight promising areas of research.

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

14 a minimum, provide information on each science and tech15 nology challenge identified pursuant to this subsection and

16 describe the results of the workshops conducted pursuant

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

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

19 challenge.

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

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

22 short-term technological objectives of the Air Force

23 science and technology program. The task force shall be

24 chaired by the Deputy Assistant Secretary of the Air

25 Force for Science, Technology, and Engineering and shall
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1 include representatives of the Chief of Staff of the Air

2 Force and the specified combatant commands of the Air

3 Force.

4 (2) The task force shall solicit views from the entire

5 Air Force requirements community, user community, and

6 acquisition community.

7 (3) The task force shall select for consideration short8 term objectives that involve—

9 (A) compelling requirements of the Air Force;

10 (B) support in the user community; and

11 (C) likely attainment of the desired benefits

12 within a 5-year period.

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

14 for Science, Technology, and Engineering shall establish

15 an integrated product team for each short-term objective

16 identified pursuant to this subsection. Each integrated

17 product team shall include representatives of the require18 ments community, the user community, and the science

19 and technology community with relevant expertise.

20 (5) The integrated product team for a short-term ob21 jective shall be responsible for—

22 (A) identifying, defining, and prioritizing the

23 enabling capabilities that are necessary for achieving

24 the objective;
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1 (B) identifying gaps in the enabling capabilities

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

3 to be achieved; and

4 (C) working with the Air Force science and

5 technology community to identify science and tech6 nology projects and programs that should be under7 taken to fill each gap in an enabling capability.

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

9 a minimum, describe each short-term science and tech10 nology objective identified pursuant to this subsection and

11 describe the work of the integrated product teams con12 ducted pursuant to paragraph (5), including any gaps

13 identified in enabling capabilities and the science and tech14 nology work that should be undertaken to fill each such

15 gap.

16 SEC. 243. ENHANCEMENT OF AUTHORITIES REGARDING

17 EDUCATION PARTNERSHIPS FOR PURPOSES

18 OF ENCOURAGING SCIENTIFIC STUDY.

19 (a) ASSISTANCE IN SUPPORT OF PARTNERSHIPS.—

20 Subsection (b) of section 2194 of title 10, United States

21 Code, is amended—

22 (1) in the matter preceding paragraph (1), by

23 inserting ‘‘, and is encouraged to provide,’’ after

24 ‘‘may provide’’;
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1 (2) in paragraph (1), by inserting before the

2 semicolon the following: ‘‘for any purpose and dura3 tion in support of such agreement that the director

4 considers appropriate’’; and

5 (3) by striking paragraph (2) and inserting the

6 following new paragraph (2):

7 ‘‘(2) notwithstanding the provisions of the Fed8 eral Property and Administrative Services Act of

9 1949 (40 U.S.C. 471 et seq.) or any provision of law

10 or regulation relating to transfers of surplus prop11 erty, transferring to the institution any defense lab12 oratory equipment (regardless of the nature of type

13 of such equipment) surplus to the needs of the de14 fense laboratory that is determined by the director

15 to be appropriate for support of such agreement;’’.

16 (b) DEFENSE LABORATORY DEFINED.—Subsection

17 (e) of that section is amended to read as follows:

18 ‘‘(e) In this section:

19 ‘‘(1) The term ‘defense laboratory’ means any

20 laboratory, product center, test center, depot, train21 ing and educational organization, or operational

22 command under the jurisdiction of the Department

23 of Defense.

24 ‘‘(2) The term ‘local educational agency’ has

25 the meaning given such term in section 14101 of the
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1 Elementary and Secondary Education Act of 1965

2 (20 U.S.C. 8801).’’.

3 TITLE III—OPERATION AND

4 MAINTENANCE

5 Subtitle A—Authorization of

6 Appropriations

7 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

8 Funds are hereby authorized to be appropriated for

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

10 activities and agencies of the Department of Defense for

11 expenses, not otherwise provided for, for operation and

12 maintenance, in amounts as follows:

13 (1) For the Army, $19,031,031,000.

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

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

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

17 (5) For Defense-wide activities,

18 $11,922,069,000.

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

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

21 (8) For the Marine Corps Reserve,

22 $138,959,000.

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

24 (10) For the Army National Guard,

25 $3,222,335,000.
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1 (11) For the Air National Guard,

2 $3,450,875,000.

3 (12) For the Defense Inspector General,

4 $144,245,000.

5 (13) For the United States Court of Appeals

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

7 (14) For Environmental Restoration, Army,

8 $389,932,000.

9 (15) For Environmental Restoration, Navy,

10 $294,038,000.

11 (16) For Environmental Restoration, Air Force,

12 $376,300,000.

13 (17) For Environmental Restoration, Defense14 wide, $23,412,000.

15 (18) For Environmental Restoration, Formerly

16 Used Defense Sites, $231,499,000.

17 (19) For Overseas Humanitarian, Disaster, and

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

19 (20) For Drug Interdiction and Counter-drug

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

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

22 Remediation, and Environmental Restoration Trust

23 Fund, $25,000,000.

24 (22) For Defense Health Program,

25 $11,401,723,000.
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1 (23) For Cooperative Threat Reduction pro2 grams, $458,400,000.

3 (24) For Overseas Contingency Operations

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

5 SEC. 302. WORKING CAPITAL FUNDS.

6 Funds are hereby authorized to be appropriated for

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

8 activities and agencies of the Department of Defense for

9 providing capital for working capital and revolving funds

10 in amounts as follows:

11 (1) For the Defense Working Capital Funds,

12 $916,276,000.

13 (2) For the National Defense Sealift Fund,

14 $388,158,000.

15 SEC. 303. ARMED FORCES RETIREMENT HOME.

16 There is hereby authorized to be appropriated for fis17 cal year 2001 from the Armed Forces Retirement Home

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

19 the Armed Forces Retirement Home, including the United

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

21 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK22 PILE TRANSACTION FUND.

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

24 in appropriations Acts, not more than $150,000,000 is au25 thorized to be transferred from the National Defense
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1 Stockpile Transaction Fund to operation and maintenance

2 accounts for fiscal year 2001 in amounts as follows:

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

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

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

6 (b) TREATMENT OF TRANSFERS.—Amounts trans7 ferred under this section—

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

9 the same purposes and the same period as, the

10 amounts in the accounts to which transferred; and

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

12 been denied authorization of appropriations by Con13 gress.

14 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR15 ITY.—The transfer authority provided in this section is in

16 addition to the transfer authority provided in section

17 1001.

18 Subtitle B—Program Require19 ments, Restrictions, and Limita20 tions

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

22 Of the total amount authorized to be appropriated

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

24 the Elementary and Secondary Education Act of 1965 (20

25 U.S.C. 7703), $20,000,000 is available only for payments
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1 for children with disabilities under subsection (d) of such

2 section.

3 SEC. 312. JOINT WARFIGHTING CAPABILITIES ASSESSMENT

4 TEAMS.

5 Of the total amount authorized to be appropriated

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

7 available only for the improvement of the performance of

8 analyses by the joint warfighting capabilities assessment

9 teams of the Joint Requirements Oversight Council.

10 SEC. 313. WEATHERPROOFING OF FACILITIES AT KEESLER

11 AIR FORCE BASE, MISSISSIPPI.

12 Of the total amount authorized to be appropriated

13 by section 301(4), $2,800,000 is available for the weather14 proofing of facilities at Keesler Air Force Base, Mis15 sissippi.

16 SEC. 314. DEMONSTRATION PROJECT FOR INTERNET AC17 CESS AND SERVICES IN RURAL COMMU18 NITIES.

19 (a) IN GENERAL.—The Secretary of the Army, acting

20 through the Chief of the National Guard Bureau, shall

21 carry out a demonstration project to provide Internet ac22 cess and services to rural communities that are unserved

23 or underserved by the Internet.

24 (b) PROJECT ELEMENTS.—In carrying out the dem25 onstration project, the Secretary shall—
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1 (1) establish and operate distance learning

2 classrooms in communities described in subsection

3 (a), including any support systems required for such

4 classrooms; and

5 (2) subject to subsection (c), provide Internet

6 access and services in such classrooms through

7 GuardNet, the telecommunications infrastructure of

8 the National Guard.

9 (c) AVAILABILITY OF ACCESS AND SERVICES.—

10 Under the demonstration project, Internet access and

11 services shall be available to the following:

12 (1) Personnel and elements of governmental

13 emergency management and response entities lo14 cated in communities served by the demonstration

15 project.

16 (2) Members and units of the Army National

17 Guard located in such communities.

18 (3) Businesses located in such communities.

19 (4) Personnel and elements of local govern20 ments in such communities.

21 (5) Other appropriate individuals and entities

22 located in such communities.

23 (d) REPORT.—Not later than February 1, 2005, the

24 Secretary shall submit to Congress a report on the dem25 onstration project. The report shall describe the activities
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1 under the demonstration project and include any rec2 ommendations for the improvement or expansion of the

3 demonstration project that the Secretary considers appro4 priate.

5 (e) FUNDING.—(1) The amount authorized to be ap6 propriated by section 301(10) for operation and mainte7 nance of the Army National Guard is hereby increased by

8 $15,000,000.

9 (2) Of the amount authorized to be appropriated by

10 section 301(10), as increased by paragraph (1),

11 $15,000,000 shall be available for the demonstration

12 project required by this section.

13 (3) It is the sense of Congress that requests of the

14 President for funds for the National Guard for fiscal years

15 after fiscal year 2001 should provide for sufficient funds

16 for the continuation of the demonstration project required

17 by this section.

18 SEC. 315. TETHERED AEROSTAT RADAR SYSTEM (TARS)

19 SITES.

20 (a) FINDINGS.—Congress makes the following find21 ings:

22 (1) Failure to operate and standardize the cur23 rent Tethered Aerostat Radar System (TARS) sites

24 along the Southwest border of the United States and
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1 the Gulf of Mexico will result in a degradation of the

2 counterdrug capability of the United States.

3 (2) Most of the illicit drugs consumed in the

4 United States enter the United States through the

5 Southwest border, the Gulf of Mexico, and Florida.

6 (3) The Tethered Aerostat Radar System is a

7 critical component of the counterdrug mission of the

8 United States relating to the detection and appre9 hension of drug traffickers.

10 (4) Preservation of the current Tethered Aero11 stat Radar System network compels drug traffickers

12 to transport illicit narcotics into the United States

13 by more risky and hazardous routes.

14 (b) AVAILABILITY OF FUNDS.—Of the amount au15 thorized to be appropriated by section 301(20) for Drug

16 Interdiction and Counter-drug Activities, Defense-wide, up

17 to $33,000,000 may be made available to Drug Enforce18 ment Policy Support (DEP&S) for purposes of maintain19 ing operations of the 11 current Tethered Aerostat Radar

20 System (TARS) sites and completing the standardization

21 of such sites located along the Southwest border of the

22 United States and in the States bordering the Gulf of

23 Mexico.
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1 SEC. 316. MOUNTED URBAN COMBAT TRAINING SITE, FORT

2 KNOX, KENTUCKY.

3 Of the total amount authorized to be appropriated

4 under section 301(1) for training range upgrades,

5 $4,000,000 is available for the Mounted Urban Combat

6 Training site, Fort Knox, Kentucky.

7 SEC. 317. MK–45 OVERHAUL.

8 Of the total amount authorized to be appropriated

9 under section 301(1) for maintenance, $12,000,000 is

10 available for overhaul of MK–45 5-inch guns.

11 SEC. 318. INDUSTRIAL MOBILIZATION CAPACITY AT GOV12 ERNMENT-OWNED, GOVERNMENT-OPERATED

13 ARMY AMMUNITION FACILITIES AND ARSE14 NALS.

15 Of the amount authorized to be appropriated under

16 section 301(1), $51,280,000 shall be available for funding

17 the industrial mobilization capacity at Army ammunition

18 facilities and arsenals that are government owned, govern19 ment operated.

20 SEC. 319. CLOSE-IN WEAPON SYSTEM OVERHAULS.

21 Of the total amount authorized to be appropriated

22 by section 301(2), $391,806,000 is available for weapons

23 maintenance.
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1 SEC. 320. SPECTRUM DATA BASE UPGRADES.

2 The total amount authorized to be appropriated by

3 section 301(5) for Spectrum data base upgrades is re4 duced by $10,000,000.

5 Subtitle C—Humanitarian and

6 Civic Assistance

7 SEC. 321. INCREASED AUTHORITY TO PROVIDE HEALTH

8 CARE SERVICES AS HUMANITARIAN AND

9 CIVIC ASSISTANCE.

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

11 amended by striking ‘‘rural areas of a country’’ and insert12 ing ‘‘areas of a country that are rural or are underserved

13 by medical, dental, and veterinary professionals, respec14 tively’’.

15 SEC. 322. USE OF HUMANITARIAN AND CIVIC ASSISTANCE

16 FUNDING FOR PAY AND ALLOWANCES OF

17 SPECIAL OPERATIONS COMMAND RESERVES

18 FURNISHING DEMINING TRAINING AND RE19 LATED ASSISTANCE AS HUMANITARIAN AS20 SISTANCE.

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

22 amended by adding at the end the following:

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

24 fiscal year for humanitarian and civic assistance described

25 in subsection (e)(5) may be expended for the pay and al26 lowances of reserve component personnel of the Special
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1 Operations Command for periods of duty for which the

2 personnel, for a humanitarian purpose, furnish education

3 and training on the detection and clearance of landmines

4 or furnish related technical assistance.’’.

5 Subtitle D—Department of Defense

6 Industrial Facilities

7 SEC. 331. CODIFICATION AND IMPROVEMENT OF ARMA8 MENT RETOOLING AND MANUFACTURING

9 SUPPORT PROGRAMS.

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

11 10, United States Code, is amended by inserting after

12 chapter 433 the following:

13 ‘‘CHAPTER 434—ARMAMENTS INDUSTRIAL

14 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.

15 ‘‘§ 4551. Policy

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

17 ‘‘(1) to encourage, to the maximum extent prac18 ticable, commercial firms to use Government-owned,

19 contractor-operated ammunition manufacturing fa20 cilities of the Department of the Army;

21 ‘‘(2) to use such facilities for supporting pro22 grams, projects, policies, and initiatives that pro-
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1 mote competition in the private sector of the United

2 States economy and that advance United States in3 terests in the global marketplace;

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

5 inside the United States;

6 ‘‘(4) to support policies and programs that pro7 vide manufacturers with incentives to assist the

8 United States in making more efficient and economi9 cal use of Government-owned industrial plants and

10 equipment for commercial purposes;

11 ‘‘(5) to provide, as appropriate, small busi12 nesses (including socially and economically disadvan13 taged small business concerns and new small busi14 nesses) with incentives that encourage those busi15 nesses to undertake manufacturing and other indus16 trial processing activities that contribute to the pros17 perity of the United States;

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

19 increased investment in the private sector of the

20 United States economy;

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

22 and adaptable armaments industry in the United

23 States;

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

25 manufacturing capacity, an optimum level of readi-
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1 ness of the national technology and industrial base

2 within the United States that is consistent with the

3 projected threats to the national security of the

4 United States and the projected emergency require5 ments of the Armed Forces of the United States;

6 and

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

8 feasible.

9 ‘‘§ 4552. Armament Retooling and Manufacturing

10 Support Initiative

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

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

13 ‘Armament Retooling and Manufacturing Support Initia14 tive’ (hereafter in this chapter referred to as the ‘ARMS

15 Initiative’).

16 ‘‘(b) PURPOSES.—The purposes of the ARMS Initia17 tive are as follows:

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

19 maximum extent practicable, to use Government20 owned, contractor-operated ammunition manufac21 turing facilities of the Department of the Army for

22 commercial purposes.

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

24 businesses (including socially and economically dis-
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1 advantaged small business concerns and new small

2 businesses) to use such facilities for those purposes.

3 ‘‘(3) To maintain in the United States a work

4 force having the skills in manufacturing processes

5 that are necessary to meet industrial emergency

6 planned requirements for national security purposes.

7 ‘‘(4) To demonstrate innovative business prac8 tices, to support Department of Defense acquisition

9 reform, and to serve as both a model and a labora10 tory for future defense conversion initiatives of the

11 Department of Defense.

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

13 allow the operation of Government-owned, con14 tractor-operated ammunition manufacturing facili15 ties of the Department of the Army to be rapidly re16 sponsive to the forces of free market competition.

17 ‘‘(6) To reduce or eliminate the cost of owner18 ship of ammunition manufacturing facilities by the

19 Department of the Army, including the costs of op20 erations and maintenance, the costs of environ21 mental remediation, and other costs.

22 ‘‘(7) To reduce the cost of products of the De23 partment of Defense produced at ammunition manu24 facturing facilities of the Department of the Army.
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1 ‘‘(8) To leverage private investment at Govern2 ment-owned, contractor-operated ammunition manu3 facturing facilities through long-term facility use

4 contracts, property management contracts, leases, or

5 other agreements that support and advance the poli6 cies and purposes of this chapter, for the following

7 activities:

8 ‘‘(A) Recapitalization of plant and equip9 ment.

10 ‘‘(B) Environmental remediation.

11 ‘‘(C) Promotion of commercial business

12 ventures.

13 ‘‘(D) Other activities.

14 ‘‘(9) To foster cooperation between the Depart15 ment of the Army, property managers, commercial

16 interests, and State and local agencies in the imple17 mentation of sustainable development strategies and

18 investment in facilities made available for purposes

19 of the ARMS Initiative.

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

21 disposal prior to a declaration by the Secretary of

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

23 Department of the Army.

24 ‘‘(c) AVAILABILITY OF FACILITIES.—(1) The Sec25 retary of the Army may make any Government-owned,
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1 contractor-operated ammunition manufacturing facility of

2 the Department of the Army available for the purposes

3 of the ARMS Initiative.

4 ‘‘(2) The authority under paragraph (1) applies to

5 a facility described in that paragraph without regard to

6 whether the facility is active, inactive, in layaway or care7 taker status, or is designated (in whole or in part) as ex8 cess property under property classification procedures ap9 plicable under title II of the Federal Property and Admin10 istrative Services Act of 1949 (40 U.S.C. 481 et seq.).

11 ‘‘(d) PRECEDENCE OF PROVISION OVER CERTAIN

12 PROPERTY MANAGEMENT LAWS.—The following provi13 sions of law shall not apply to uses of property or facilities

14 in accordance with this section to the extent that such pro15 visions of law are inconsistent with the exercise of the au16 thority of this section:

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

18 ‘‘(2) The Federal Property and Administrative

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

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

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

22 303b).

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

24 for purposes of the ARMS Initiative may be used for ad25 ministrative support and management.
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1 ‘‘(2) A full annual accounting of such expenses for

2 each fiscal year shall be provided to the Committees on

3 Armed Services and on Appropriations of the Senate and

4 the House of Representatives not later than March 30 of

5 the following fiscal year.

6 ‘‘§ 4553. Property management contracts and leases

7 ‘‘(a) IN GENERAL.—In the case of each Government8 owned, contractor-operated ammunition manufacturing

9 facility of the Department of the Army that is made avail10 able for the ARMS Initiative, the Secretary of the Army—

11 ‘‘(1) shall make full use of facility use con12 tracts, leases, and other such commercial contractual

13 instruments as may be appropriate;

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

15 cost, emergency mobilization requirements, and the

16 goals and purposes of the ARMS Initiative, the pro17 curement of services from the property manager, in18 cluding maintenance, operation, modification, infra19 structure, environmental restoration and remedi20 ation, and disposal of ammunition manufacturing

21 assets, and other services; and

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

23 (2)—

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

25 subcontracts, for terms up to 25 years, as the
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1 Secretary considers appropriate and consistent

2 with the needs of the Department of the Army

3 and the goals and purposes of the ARMS Initia4 tive; and

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

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

7 when the contractor or subcontractor is a

8 source specified in law.

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

10 provided in a contract entered into under this section for

11 the use of property at a Government-owned, contractor12 operated ammunition manufacturing facility that is ac13 countable under the contract, the Secretary of the Army

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

15 or in part, in a form other than—

16 ‘‘(A) rental payments; or

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

18 ‘‘(2) Forms of consideration acceptable under para19 graph (1) for a use of a facility or any property at a facil20 ity include the following:

21 ‘‘(A) The improvement, maintenance, protec22 tion, repair, and restoration of the facility, the prop23 erty, or any property within the boundaries of the

24 installation where the facility is located.

25 ‘‘(B) Reductions in overhead costs.
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1 ‘‘(C) Reductions in product cost.

2 ‘‘(3) The authority under paragraph (1) may be exer3 cised without regard to section 3302(b) of title 31 and

4 any other provision of law.

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

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

7 to the Committees on Armed Services and on Appropria8 tions of the Senate and the House of Representatives a

9 report on the procedures and controls implemented to

10 carry out this section.

11 ‘‘§ 4554. ARMS Initiative loan guarantee program

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

13 (b), the Secretary of the Army may carry out a loan guar14 antee program to encourage commercial firms to use am15 munition manufacturing facilities under this chapter.

16 Under any such program, the Secretary may guarantee

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

18 fund, in whole or in part, the establishment of a commer19 cial activity to use any such facility under this chapter.

20 ‘‘(b) ADVANCED BUDGET AUTHORITY.—Loan guar21 antees under this section may not be committed except

22 to the extent that appropriations of budget authority to

23 cover their costs are made in advance, as required by sec24 tion 504 of the Federal Credit Reform Act of 1990 (2

25 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 ‘‘(C) Each government-owned, government-op24 erated ammunition plant of the Army.’’.

25 (2) Paragraph (2) of such subsection is amended—
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1 (A) by inserting ‘‘of Defense’’ after ‘‘The Sec2 retary’’; and

3 (B) by striking ‘‘depot-level activities’’ and in4 serting ‘‘Centers of Industrial and Technical Excel5 lence’’.

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

7 striking ‘‘the efficiency and effectiveness of depot-level op8 erations, improve the support provided by depot-level ac9 tivities’’ and inserting ‘‘the efficiency and effectiveness of

10 operations at Centers of Industrial and Technical Excel11 lence, improve the support provided by the Centers’’.

12 (b) PUBLIC-PRIVATE PARTNERSHIPS.—Subsection

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

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

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

16 the Secretary designating a Center of Industrial and Tech17 nical Excellence under subsection (a) shall authorize and

18 encourage the head of the Center to enter into public-pri19 vate cooperative arrangements that provide any of the fol20 lowing:

21 ‘‘(A) For employees of the Center, private in22 dustry, or other entities outside the Department of

23 Defense—

24 ‘‘(i) to perform (under contract, sub25 contract, or otherwise) work in any of the core
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1 competencies of the Center, including any

2 depot-level maintenance and repair work that

3 involves one or more core competencies of the

4 Center; or

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

6 maintenance and repair work that does not in7 volve a core competency of the Center.

8 ‘‘(B) For private industry or other entities out9 side the Department of Defense to use, for any pe10 riod of time determined to be consistent with the

11 needs of the Department of Defense, any facilities or

12 equipment of the Center that are not fully utilized

13 by a military department for its own production or

14 maintenance requirements.

15 ‘‘(2) The objectives for exercising the authority pro16 vided in paragraph (1) are as follows:

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

18 of a Center of Industrial and Technical Excellence.

19 ‘‘(B) To reduce or eliminate the cost of owner20 ship of a Center by the Department of Defense in

21 such areas of responsibility as operations and main22 tenance and environmental remediation.

23 ‘‘(C) To reduce the cost of products of the De24 partment of Defense produced or maintained at a

25 Center.
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1 ‘‘(D) To leverage private sector investment in—

2 ‘‘(i) such efforts as plant and equipment

3 recapitalization for a Center; and

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

5 commercial business ventures at a Center.

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

7 forces and private industry.

8 ‘‘(3) A public-private cooperative arrangement en9 tered into under this subsection shall be known as a ‘pub10 lic-private partnership’.

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

12 and Technical Excellence under subsection (a) may waive

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

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

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

16 section) from a United States commercial source in the

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

18 partnership if the Secretary determines that the waiver

19 is necessary to achieve one or more objectives set forth

20 in paragraph (2).

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

22 performed by employees of a Center pursuant to a waiver

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

24 cost of manufacturing the articles or performing the serv-
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1 ices, as the case may be. The full cost charged shall in2 clude both direct costs and indirect costs.’’.

3 (c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—

4 Such section is further amended—

5 (1) striking subsection (d);

6 (2) by redesignating subsection (c) as sub7 section (d); and

8 (3) by inserting after subsection (b) the fol9 lowing new subsection (c):

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

11 Any facilities or equipment of a Center of Industrial and

12 Technical Excellence made available to private industry

13 may be used to perform maintenance or to produce goods

14 in order to make more efficient and economical use of Gov15 ernment-owned industrial plants and encourage the cre16 ation and preservation of jobs to ensure the availability

17 of a workforce with the necessary manufacturing and

18 maintenance skills to meet the needs of the armed

19 forces.’’.

20 (d) CREDITING OF AMOUNTS FOR PERFORMANCE.—

21 Subsection (d) of such section, as redesignated by sub22 section (c)(2), is amended by adding at the end the fol23 lowing: ‘‘Consideration in the form of rental payments or

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

25 forms may be accepted for a use of property accountable
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1 under a contract performed pursuant to this section. Not2 withstanding section 2667(d) of this title, revenues gen3 erated pursuant to this section shall be available for facil4 ity operations, maintenance, and environmental restora5 tion at the Center where the leased property is located.’’.

6 (e) AVAILABILITY OF EXCESS EQUIPMENT TO PRI7 VATE-SECTOR PARTNERS.—Such section is further

8 amended by adding at the end the following:

9 ‘‘(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRI10 VATE-SECTOR PARTNERS.—Equipment or facilities of a

11 Center of Industrial and Technical Excellence may be

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

13 section only if—

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

15 not have a significant adverse effect on the readiness

16 of the armed forces, as determined by the Secretary

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

18 Agency, by the Secretary of Defense; and

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

20 ‘‘(A) to reimburse the Department of De21 fense for the direct and indirect costs (including

22 any rental costs) that are attributable to the

23 entity’s use of the equipment or facilities, as de24 termined by that Secretary; and
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1 ‘‘(B) to hold harmless and indemnify the

2 United States from—

3 ‘‘(i) any claim for damages or injury

4 to any person or property arising out of

5 the use of the equipment or facilities, ex6 cept in a case of willful conduct or gross

7 negligence; and

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

9 or injury to any person or property arising

10 out of a decision by the Secretary con11 cerned or the Secretary of Defense to sus12 pend or terminate that use of equipment or

13 facilities during a war or national emer14 gency.

15 ‘‘(f) CONSTRUCTION OF PROVISION.—Nothing in this

16 section may be construed to authorize a change, otherwise

17 prohibited by law, from the performance of work at a Cen18 ter of Industrial and Technical Excellence by Department

19 of Defense personnel to performance by a contractor.’’.

20 (f) LOAN GUARANTEE PROGRAM FOR SUPPORT OF

21 PUBLIC-PRIVATE PARTNERSHIPS.—Chapter 146 of title

22 10, United States Code, is amended by adding at the end

23 the following:
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1 ‘‘§ 2475. Centers of Industrial and Technical Excel2 lence: loan guarantee program for sup3 port of public-private partnerships

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

5 (b), the Secretary of Defense may carry out a loan guar6 antee program to encourage commercial firms to use Cen7 ters of Industrial and Technical Excellence pursuant to

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

9 Secretary may guarantee the repayment of any loan made

10 to a commercial firm to fund, in whole or in part, the es11 tablishment of public-private partnerships authorized

12 under subsection (b) of such section.

13 ‘‘(b) ADVANCED BUDGET AUTHORITY.—Loan guar14 antees under this section may not be committed except

15 to the extent that appropriations of budget authority to

16 cover their costs are made in advance, as required by sec17 tion 504 of the Federal Credit Reform Act of 1990 (2

18 U.S.C. 661c).

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

20 may enter into an agreement with any of the officials

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

22 for the purposes of this section—

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

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

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

26 to administer the loan guarantee program.
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1 ‘‘(2) The officials referred to in paragraph (1) are

2 as follows:

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

4 Administration.

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

6 Department of Agriculture, including—

7 ‘‘(i) the Administrator of the Farmers

8 Home Administration; and

9 ‘‘(ii) the Administrator of the Rural Devel10 opment Administration.

11 ‘‘(3) Each official authorized to do so under an agree12 ment entered into under paragraph (1) may guarantee

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

14 notwithstanding any limitations on the size of applicants

15 imposed on other loan guarantee programs that the offi16 cial administers.

17 ‘‘(4) To the extent practicable, each official proc18 essing loan guarantee applications under this section pur19 suant to an agreement entered into under paragraph (1)

20 shall use the same processing procedures as the official

21 uses for processing loan guarantee applications under

22 other loan guarantee programs that the official admin23 isters.
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1 ‘‘(d) LOAN LIMITS.—The maximum amount of loan

2 principal guaranteed during a fiscal year under this sec3 tion may not exceed—

4 ‘‘(1) $20,000,000, with respect to any single

5 borrower; and

6 ‘‘(2) $320,000,000 with respect to all bor7 rowers.

8 ‘‘(e) TRANSFER OF FUNDS.—The Secretary of De9 fense may transfer to an official providing services under

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

11 as may be necessary to administer the loan guarantee pro12 gram under this section.’’.

13 (g) USE OF WORKING CAPITAL-FUNDED FACILI14 TIES.—Section 2208(j) of title 10, United States Code,

15 is amended—

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

17 (1) and all that follows through ‘‘(2) the Depart18 ment of Defense’’ in paragraph (2) and inserting the

19 following: ‘‘contract, and the Department of De20 fense’’;

21 (2) by striking the period at the end and insert22 ing ‘‘; or’’; and

23 (3) by adding at the end the following:
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1 ‘‘(2) the Secretary would advance the objectives

2 set forth in section 2474(b)(2) of this title by au3 thorizing the facility to do so.’’.

4 (h) REPEAL OF GENERAL AUTHORITY TO LEASE

5 EXCESS DEPOT-LEVEL EQUIPMENT AND FACILITIES TO

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

7 States Code, is repealed.

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

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

10 (1) by striking the item relating to section

11 2471; and

12 (2) by adding at the end the following:

‘‘2475. Centers of Industrial and Technical Excellence: loan guarantee program

for support of public-private partnerships.’’.

13 SEC. 333. EFFECTS OF OUTSOURCING ON OVERHEAD

14 COSTS OF CENTERS OF INDUSTRIAL AND

15 TECHNICAL EXCELLENCE AND AMMUNITION

16 PLANTS.

17 (a) FINDINGS.—Congress makes the following find18 ings:

19 (1) Centers of Industrial and Technical Excel20 lence and ammunition plants of the United States

21 comprise a vital component of the national tech22 nology and industrial base that ensures that there is

23 sufficient domestic industrial capacity to meet the

24 needs of the Armed Forces for certain critical de-
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1 fense equipment and supplies in time of war or na2 tional emergency.

3 (2) Underutilization of the Centers of Industrial

4 and Technical Excellence and ammunition plants in

5 peacetime does not diminish the critical importance

6 of those centers and ammunition plants to the na7 tional defense.

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

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

10 amended by adding at the end the following:

11 ‘‘§ 2539c. Centers of Industrial and Technical Excel12 lence and ammunition plants of the

13 United States: effects of outsourcing on

14 overhead costs

15 ‘‘Not later than 30 days before any official of the De16 partment of Defense enters into a contract with a private

17 sector source for the performance of a workload already

18 being performed by more than 50 employees at a Center

19 of Industrial and Technical Excellence designated under

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

21 the United States, the Secretary of Defense shall submit

22 to Congress a report describing the effect that the per23 formance and administration of the contract will have on

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

25 the case may be.’’.
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1 (2) The table of sections at the beginning of sub2 chapter V of such chapter is amended by adding at the

3 end the following:

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

of the United States: effects of outsourcing on overhead

costs.’’.

4 SEC. 334. REVISION OF AUTHORITY TO WAIVE LIMITATION

5 ON PERFORMANCE OF DEPOT-LEVEL MAIN6 TENANCE.

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

8 amended to read as follows:

9 ‘‘(c) WAIVER OF LIMITATION.—The President may

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

11 ‘‘(1) the President determines that—

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

13 national security; and

14 ‘‘(B) compliance with the limitation cannot

15 be achieved through effective management of

16 depot operations consistent with those reasons;

17 and

18 ‘‘(2) the President submits to Congress a notifi19 cation of the waiver together with a discussion of the

20 reasons for the waiver.’’.

21 SEC. 335. UNUTILIZED AND UNDERUTILIZED PLANT-CAPAC22 ITY COSTS OF UNITED STATES ARSENALS.

23 (a) IN GENERAL.—(1) The Secretary of the Army

24 shall submit to Congress each year, together with the
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1 President’s budget for the fiscal year beginning in such

2 year under section 1105(a) of title 31, an estimate of the

3 funds to be required in the fiscal year in order to cover

4 the costs of operating and maintaining unutilized and un5 derutilized plant capacity at United States arsenals.

6 (2) Funds appropriated to the Secretary for a fiscal

7 year for costs described in paragraph (1) shall be utilized

8 by the Secretary in such fiscal year only to cover such

9 costs.

10 (3) Notwithstanding any other provision of law, the

11 Secretary shall not include unutilized or underutilized

12 plant-capacity costs when evaluating an arsenal’s bid for

13 purposes of the arsenal’s contracting to provide a good

14 or service to a United States Government organization.

15 When an arsenal is subcontracting to a private-sector enti16 ty on a good or service to be provided to a United States

17 Government organization, the cost charged by the arsenal

18 shall not include unutilized or underutilized plant-capacity

19 costs that are funded by a direct appropriation.

20 (b) DEFINITION.—For purposes of this section, the

21 term ‘‘unutilized and underutilized plant-capacity cost’’

22 shall mean the cost associated with operating and main23 taining arsenal facilities and equipment that the Secretary

24 of the Army determines are required to be kept for mobili25 zation needs, in those months in which the facilities and
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1 equipment are not used or are used only 20 percent or

2 less of available work days.

3 Subtitle E—Environmental

4 Provisions

5 SEC. 341. ENVIRONMENTAL RESTORATION ACCOUNTS.

6 (a) ADDITIONAL ACCOUNT FOR FORMERLY USED

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

8 10, United States Code, is amended by adding at the end

9 the following new paragraph:

10 ‘‘(5) An account to be known as the ‘Environ11 mental Restoration Account, Formerly Used Defense

12 Sites’.’’.

13 (b) ACCOUNTS AS SOLE SOURCE OF FUNDS FOR OP14 ERATION AND MONITORING OF ENVIRONMENTAL REM15 EDIES.—That section is further amended by adding at the

16 end the following:

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

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

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

20 environmental remedy at a facility under the jurisdiction

21 of the Department of Defense shall be the applicable envi22 ronmental restoration account under subsection (a).

23 ‘‘(2) In this subsection, the term ‘environmental rem24 edy’ shall have the meaning given the term ‘remedy’ under

25 section 101(24) of CERCLA (42 U.S.C. 9601(24)).’’.
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1 SEC. 342. PAYMENT OF FINES AND PENALTIES FOR ENVI2 RONMENTAL COMPLIANCE VIOLATIONS.

3 (a) PAYMENT OF FINES AND PENALTIES.—(1) Chap4 ter 160 of title 10, United States Code, is amended by

5 adding at the end the following new section:

6 ‘‘§ 2710. Environmental compliance: payment of fines

7 and penalties for violations

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

9 Secretary of a military department may not pay a fine

10 or penalty for an environmental compliance violation that

11 is imposed by a Federal agency against the Department

12 of Defense or such military department, as the case may

13 be, unless the payment of the fine or penalty is specifically

14 authorized by law, if the amount of the fine or penalty

15 (including any supplemental environmental projects car16 ried out as part of such penalty) is $1,500,000 or more.

17 ‘‘(b) DEFINITIONS.—In this section:

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

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

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

21 at a Department of Defense facility, means the ac22 tivities necessary to ensure that such operations,

23 functions, or activities meet requirements under ap24 plicable environmental law.

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

26 functions, or activities relating to environmental res-
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1 toration under this chapter that are conducted using

2 funds in an environmental restoration account under

3 section 2703(a) of this title.

4 ‘‘(2) The term ‘violation’, in the case of envi5 ronmental compliance, means an act or omission re6 sulting in the failure to ensure the compliance.

7 ‘‘(c) EXPIRATION OF PROHIBITION.—This section

8 does not apply to any part of a violation described in sub9 section (a) that occurs on or after the date that is three

10 years after the date of the enactment of the National De11 fense Authorization Act for Fiscal Year 2001.’’.

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

13 chapter is amended by adding at the end the following

14 new item:

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

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

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

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

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

19 shall not apply with respect to any supplemental environ20 mental projects referred to in that subsection that were

21 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.’’.
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1 SEC. 344. PAYMENT OF FINES OR PENALTIES IMPOSED FOR

2 ENVIRONMENTAL COMPLIANCE VIOLATIONS

3 AT CERTAIN DEPARTMENT OF DEFENSE FA4 CILITIES.

5 (a) ARMY.—The Secretary of the Army may, from

6 amounts authorized to be appropriated for the Army by

7 this title and available for such purpose, utilize amounts

8 for the purposes and at the locations, as follows:

9 (1) $993,000 for a Supplemental Environ10 mental Project to implement an installation-wide

11 hazardous substance management system at Walter

12 Reed Army Medical Center, Washington, District of

13 Columbia, in satisfaction of a fine imposed by Envi14 ronmental Protection Agency Region 3 under the

15 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

16 (2) $377,250 for a Supplemental Environ17 mental Project to install new parts washers at Fort

18 Campbell, Kentucky, in satisfaction of a fine im19 posed by Environmental Protection Agency Region 4

20 under the Solid Waste Disposal Act.

21 (3) $20,701 for a Supplemental Environmental

22 Project to upgrade the wastewater treatment plant

23 at Fort Gordon, Georgia, in satisfaction of a fine

24 imposed by the State of Georgia under the Solid

25 Waste Disposal Act.
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1 (4) $78,500 for Supplemental Environmental

2 Projects to reduce the generation of hazardous waste

3 at Pueblo Chemical Depot, Colorado, in satisfaction

4 of a fine imposed by the State of Colorado under the

5 Solid Waste Disposal Act.

6 (5) $20,000 for a Supplemental Environmental

7 Project to repair cracks in floors of igloos used to

8 store munitions hazardous waste at Deseret Chem9 ical Depot, Utah, in satisfaction of a fine imposed

10 by the State of Utah under the Solid Waste Disposal

11 Act.

12 (6) $7,975 for payment to the Texas Natural

13 Resource Conservation Commission of a cash fine

14 for permit violations assessed under the Solid Waste

15 Disposal Act.

16 (b) NAVY.—The Secretary of the Navy may, from

17 amounts authorized to be appropriated for the Navy by

18 this title and available for such purpose, utilize amounts

19 for the purposes and at the locations, as follows:

20 (1) $108,800 for payment to the West Virginia

21 Division of Environmental Protection of a cash pen22 alty with respect to Allegany Ballistics Laboratory,

23 West Virginia, under the Solid Waste Disposal Act.

24 (2) $5,000 for payment to Environmental Pro25 tection Agency Region 6 of a cash penalty with re-
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1 spect to Naval Air Station, Corpus Christi, Texas,

2 under the Clean Air Act (42 U.S.C. 7401).

3 SEC. 345. REIMBURSEMENT FOR CERTAIN COSTS IN CON4 NECTION WITH THE FORMER NANSEMOND

5 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.

6 (a) AUTHORITY.—The Secretary of Defense may pay,

7 using funds described in subsection (b), not more than

8 $98,210 to the Former Nansemond Ordnance Depot Site

9 Special Account within the Hazardous Substance Super10 fund established by section 9507 of the Internal Revenue

11 Code of 1986 (26 U.S.C. 9507) to reimburse the Environ12 mental Protection Agency for costs incurred by the agency

13 in overseeing a time critical removal action under

14 CERCLA being performed by the Department of Defense

15 under the Defense Environmental Restoration Program

16 for ordnance and explosive safety hazards at the Former

17 Nansemond Ordnance Depot Site, Suffolk, Virginia, pur18 suant to an Interagency Agreement entered into by the

19 Department of the Army and the Environmental Protec20 tion Agency on January 3, 2000.

21 (b) SOURCE OF FUNDS.—Any payment under sub22 section (a) shall be made using amounts authorized to be

23 appropriated by section 301 to the Environmental Res24 toration Account, Formerly Used Defense Sites, estab25 lished by paragraph (5) of section 2703(a) of title 10,
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1 United States Code, as added by section 341(a) of this

2 Act.

3 (c) DEFINITIONS.—In this section:

4 (1) The term ‘‘CERCLA’’ means the Com5 prehensive Environmental Response, Compensation,

6 and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

7 (2) The term ‘‘Defense Environmental Restora8 tion Program’’ means the program of environmental

9 restoration carried out under chapter 160 of title 10,

10 United States Code.

11 SEC. 346. ENVIRONMENTAL RESTORATION ACTIVITIES.

12 (a) AUTHORITY TO USE FUNDS FOR FACILITIES RE13 LOCATION.—During the period beginning on October 1,

14 2000, and ending on September 30, 2003, the Secretary

15 concerned may use funds available under section 2703 of

16 title 10, United States Code, to pay for the costs of perma17 nently relocating facilities because of a release or threat18 ened release of hazardous substances, pollutants, or con19 taminants from—

20 (1) real property or facilities currently under

21 the jurisdiction of the Secretary of Defense; or

22 (2) real property or facilities that were under

23 the jurisdiction of the Secretary of Defense at the

24 time of the actions leading to such release or threat25 ened release.
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1 (b) LIMITATIONS.—(1) The Secretary concerned may

2 not pay the costs of permanently relocating facilities under

3 subsection (a) unless the Secretary concerned determines

4 in writing that such permanent relocation of facilities is

5 part of a response action that—

6 (A) has the support of the affected community;

7 (B) has the approval of relevant regulatory

8 agencies; and

9 (C) is the most cost effective response action

10 available.

11 (2) Not more than 5 percent of the funds available

12 under section 2703 of title 10, United States Code, in any

13 fiscal year may be used to pay the costs of permanently

14 relocating facilities pursuant to the authority in subsection

15 (a).

16 (c) REPORTS.—(1) Not later than November 30 of

17 each of 2001, 2002, and 2003, the Secretary of Defense

18 shall submit to Congress a report on each response action

19 for which a written determination has been made under

20 subsection (b)(1) in the fiscal year ending in such year.

21 (2) Each report for a fiscal year under paragraph (1)

22 shall contain the following:

23 (A) A copy of each written determination under

24 subsection (b)(1) during such fiscal year.
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1 (B) A description of the response action taken

2 or to be taken in connection with each such written

3 determination.

4 (C) A statement of the costs incurred or to be

5 incurred in connection with the permanent relocation

6 of facilities covered by each such written determina7 tion.

8 (d) SECRETARY CONCERNED DEFINED.—In this sec9 tion, the term ‘‘Secretary concerned’’ means the following:

10 (1) The Secretary of a military department,

11 with regard to real property or facilities for which

12 such military department is the lead agency.

13 (2) The Secretary of Defense, for any other real

14 property or facilities.

15 SEC. 347. SHIP DISPOSAL PROJECT.

16 (a) CONTINUATION OF PROJECT.—(1) Subject to the

17 provisions of this subsection, the Secretary of the Navy

18 shall continue to carry out a ship disposal project within

19 the United States during fiscal year 2001.

20 (2) The scope of the ship disposal project shall be

21 sufficient to permit the Secretary to assemble appropriate

22 data on the cost of scrapping ships.

23 (3) The Secretary shall use competitive procedures to

24 award all task orders under the primary contracts under

25 the ship disposal project.
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1 (b) REPORT.—Not later than December 31, 2000,

2 the Secretary shall submit to the congressional defense

3 committees a report on the ship disposal project referred

4 to in subsection (a). The report shall contain the following:

5 (1) A description of the competitive procedures

6 used for the solicitation and award of all task orders

7 under the project.

8 (2) A description of the task orders awarded

9 under the project.

10 (3) An assessment of the results of the project

11 as of the date of the report, including the perform12 ance of contractors under the project.

13 (4) The proposed strategy of the Navy for fu14 ture procurement of ship scrapping activities.

15 SEC. 348. REPORT ON DEFENSE ENVIRONMENTAL SECU16 RITY CORPORATE INFORMATION MANAGE17 MENT PROGRAM.

18 (a) REPORT REQUIRED.—Not later than 60 days

19 after the date of the enactment of this Act, the Secretary

20 of Defense shall submit to the congressional defense com21 mittees a report on the Defense Environmental Security

22 Corporate Information Management program.

23 (b) REPORT ELEMENTS.—The report under sub24 section (a) shall include the following elements:
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1 (1) The recommendations of the Secretary for

2 the future mission of the Defense Environmental Se3 curity Corporate Information Management program.

4 (2) A discussion of the means by which the pro5 gram will address or provide the following:

6 (A) Information access procedures which

7 keep pace with current and evolving require8 ments for information access.

9 (B) Data standardization and systems in10 tegration.

11 (C) Product failures and cost-effective re12 sults.

13 (D) User confidence and utilization.

14 (E) Program continuity.

15 (F) Program accountability, including ac16 countability for all past, current, and future ac17 tivities funded under the program.

18 (G) Program management and oversight.

19 (H) Program compliance with applicable

20 requirements of the Clinger-Cohen Act of 1996

21 (divisions D and E of Public Law 104–106)

22 and applicable requirements under other provi23 sions of law.
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1 SEC. 349. REPORT ON PLASMA ENERGY PYROLYSIS SYS2 TEM.

3 (a) REPORT REQUIRED.—Not later than October 1,

4 2000, the Secretary of the Army shall submit to the con5 gressional defense committees a report on the Plasma En6 ergy Pyrolysis System (PEPS).

7 (b) REPORT ELEMENTS.—The report on the Plasma

8 Energy Pyrolysis System under subsection (a) shall in9 clude the following:

10 (1) An analysis of available information and

11 data on the fixed-transportable unit demonstration

12 phase of the System and on the mobile unit dem13 onstration phase of the System.

14 (2) Recommendations regarding future applica15 tions for each phase of the System described in

16 paragraph (1).

17 (3) A statement of the projected funding for

18 such future applications.

19 Subtitle F—Other Matters

20 SEC. 361. EFFECTS OF WORLDWIDE CONTINGENCY OPER21 ATIONS ON READINESS OF CERTAIN MILI22 TARY AIRCRAFT AND EQUIPMENT.

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

24 Defense shall submit to Congress, not later than 180 days

25 after the date of the enactment of this Act, a report on—
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1 (1) the effects of worldwide contingency oper2 ations of the Navy, Marine Corps, and Air Force on

3 the readiness of aircraft of those Armed Forces; and

4 (2) the effects of worldwide contingency oper5 ations of the Army and Marine Corps on the readi6 ness of ground equipment of those Armed Forces.

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

8 the Secretary’s assessment of the effects of the contin9 gency operations referred to in subsection (a) on the capa10 bility of the Department of Defense to maintain a high

11 level of equipment readiness and to manage a high oper12 ating tempo for the aircraft and ground equipment.

13 (c) EFFECTS ON AIRCRAFT.—The assessment con14 tained in the report shall address, with respect to aircraft,

15 the following effects:

16 (1) The effects of the contingency operations

17 carried out during fiscal years 1995 through 2000

18 on the aircraft of each of the Navy, Marine Corps,

19 and Air Force in each category of aircraft, as fol20 lows:

21 (A) Combat tactical aircraft.

22 (B) Strategic aircraft.

23 (C) Combat support aircraft.

24 (D) Combat service support aircraft.
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1 (2) The types of adverse effects on the aircraft

2 of each of the Navy, Marine Corps, and Air Force

3 in each category of aircraft specified in paragraph

4 (1) resulting from contingency operations, as follows:

5 (A) Patrolling in no-fly zones—

6 (i) over Iraq in Operation Northern

7 Watch;

8 (ii) over Iraq in Operation Southern

9 Watch; and

10 (iii) over the Balkans in Operation Al11 lied Force.

12 (B) Air operations in the NATO air war

13 against Serbia in Operation Sky Anvil, Oper14 ation Noble Anvil, and Operation Allied Force.

15 (C) Air operations in Operation Shining

16 Hope in Kosovo.

17 (D) All other activities within the general

18 context of worldwide contingency operations.

19 (3) Any other effects that the Secretary con20 siders appropriate in carrying out subsection (a).

21 (d) EFFECTS ON GROUND EQUIPMENT.—The assess22 ment contained in the report shall address, with respect

23 to ground equipment, the following effects:

24 (1) The effects of the contingency operations

25 carried out during fiscal years 1995 through 2000
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1 on the ground equipment of each of the Army and

2 Marine Corps.

3 (2) Any other effects that the Secretary con4 siders appropriate in carrying out subsection (a).

5 SEC. 362. REALISTIC BUDGETING FOR READINESS RE6 QUIREMENTS OF THE ARMY.

7 (a) REQUIREMENT FOR NEW METHODOLOGY.—The

8 Secretary of the Army shall develop a new methodology

9 for preparing budget requests for operation and mainte10 nance that can be used to ensure that the budget requests

11 for operation and maintenance for future fiscal years more

12 accurately reflect the Army’s requirements than do the

13 budget requests that have been submitted to Congress for

14 fiscal year 2001 and preceding fiscal years.

15 (b) SENSE OF CONGRESS ON THE NEW METHOD16 OLOGY.—It is the sense of Congress that—

17 (1) the methodology should provide for the de18 termination of the budget levels to request for oper19 ation and maintenance to be based on—

20 (A) the level of training that must be con21 ducted in order to maintain essential readiness;

22 (B) the cost of conducting the training at

23 that level; and
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1 (C) the costs of all other Army operations,

2 including the cost of meeting infrastructure re3 quirements; and

4 (2) the Secretary should use the new method5 ology in the preparation of the budget requests for

6 operation and maintenance for fiscal years after fis7 cal year 2001.

8 SEC. 363. ADDITIONS TO PLAN FOR ENSURING VISIBILITY

9 OVER ALL IN-TRANSIT END ITEMS AND SEC10 ONDARY ITEMS.

11 (a) REQUIRED ADDITIONS.—Subsection (d) of sec12 tion 349 of the Strom Thurmond National Defense Au13 thorization Act for Fiscal Year 1999 (Public Law 105–

14 261; 112 Stat. 1981; 10 U.S.C. 2458 note) is amended—

15 (1) by inserting before the period at the end of

16 paragraph (1) ‘‘, including specific actions to ad17 dress underlying weaknesses in the controls over

18 items being shipped’’; and

19 (2) by adding at the end the following:

20 ‘‘(5) The key management elements for moni21 toring, and for measuring the progress achieved in,

22 the implementation of the plan, including—

23 ‘‘(A) the assignment of oversight responsi24 bility for each action identified pursuant to

25 paragraph (1);
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1 ‘‘(B) a description of the resources re2 quired for oversight; and

3 ‘‘(C) an estimate of the annual cost of

4 oversight.’’.

5 (b) CONFORMING AMENDMENTS.—(1) Subsection (a)

6 of such section is amended by striking ‘‘Not later than’’

7 and all that follows through ‘‘Congress’’ and inserting

8 ‘‘The Secretary of Defense shall prescribe and carry out’’.

9 (2) Such section is further amended by adding at the

10 end the following:

11 ‘‘(f) SUBMISSIONS TO CONGRESS.—After the Sec12 retary submits the plan to Congress (on a date not later

13 than March 1, 1999), the Secretary shall submit to Con14 gress any revisions to the plan that are required by any

15 law enacted after October 17, 1998. The revisions so made

16 shall be submitted not later than 180 days after the date

17 of the enactment of the law requiring the revisions.’’.

18 (3) Subsection (e)(1) of such section is amended by

19 striking ‘‘submits the plan’’ and inserting ‘‘submits the

20 initial plan’’.

21 SEC. 364. PERFORMANCE OF EMERGENCY RESPONSE

22 FUNCTIONS AT CHEMICAL WEAPONS STOR23 AGE INSTALLATIONS.

24 (a) RESTRICTION ON CONVERSION.—The Secretary

25 of the Army may not convert to contractor performance
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1 the emergency response functions of any chemical weapons

2 storage installation that, as of the date of the enactment

3 of this Act, are performed for that installation by employ4 ees of the United States until the certification required

5 by subsection (c) has been submitted in accordance with

6 that subsection.

7 (b) COVERED INSTALLATIONS.—For the purposes of

8 this section, a chemical weapons storage installation is any

9 installation of the Department of Defense on which lethal

10 chemical agents or munitions are stored.

11 (c) CERTIFICATION REQUIREMENT.—The Secretary

12 of the Army shall certify in writing to the Committees on

13 Armed Services of the Senate and the House of Represent14 atives that, to ensure that there will be no lapse of capa15 bility to perform the chemical weapon emergency response

16 mission at a chemical weapons storage installation during

17 any transition to contractor performance of those func18 tions at that installation, the plan for conversion of the

19 performance of those functions—

20 (1) is consistent with the recommendation con21 tained in General Accounting Office Report NSIAD–

22 00–88, entitled ‘‘DoD Competitive Sourcing’’, dated

23 March 2000; and

24 (2) provides for a transition to contractor per25 formance of emergency response functions which en-
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1 sures an adequate transfer of the relevant knowledge

2 and expertise regarding chemical weapon emergency

3 response to the contractor personnel.

4 SEC. 365. CONGRESSIONAL NOTIFICATION OF USE OF

5 RADIO FREQUENCY SPECTRUM BY A SYSTEM

6 ENTERING ENGINEERING AND MANUFAC7 TURING DEVELOPMENT.

8 Before a decision is made to enter into the engineer9 ing and manufacturing development phase of a program

10 for the acquisition of a system that is to use the radio

11 frequency spectrum, the Secretary of Defense shall submit

12 to the congressional defense committees a report setting

13 forth the following:

14 (1) The frequency or frequencies that the sys15 tem will use.

16 (2) A statement of whether the Department of

17 Defense is, or is to be, designated as the primary

18 user of the particular frequency or frequencies.

19 (3) If not, the unique technical characteristics

20 that make it necessary to use the particular fre21 quency or frequencies.

22 (4) A description of the protections that the

23 Department of Defense has been given to ensure

24 that it will not incur costs as a result of current or
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1 future interference from other users of the par2 ticular frequency or frequencies.

3 SEC. 366. MONITORING OF VALUE OF PERFORMANCE OF

4 DEPARTMENT OF DEFENSE FUNCTIONS BY

5 WORKFORCES SELECTED FROM BETWEEN

6 PUBLIC AND PRIVATE WORKFORCES.

7 (a) REQUIREMENT FOR A MONITORING SYSTEM.—

8 (1) Chapter 146 of title 10, United States Code, as

9 amended by section 332(f), is further amended by adding

10 at the end the following:

11 ‘‘§ 2476. Public-private workforce selections: system

12 for monitoring value

13 ‘‘(a) SYSTEM FOR MONITORING PERFORMANCE.—(1)

14 The Secretary of Defense shall establish a system for mon15 itoring the performance of functions of the Department

16 of Defense that—

17 ‘‘(A) are performed by 50 or more employees of

18 the department; and

19 ‘‘(B) have been subjected to a workforce review.

20 ‘‘(2) In this section, the term ‘workforce review’, with

21 respect to a function, is a review to determine whether

22 the function should be performed by a workforce composed

23 of Federal Government employees or by a private sector

24 workforce, and includes any review for that purpose that

25 is carried out under, or is associated with, the following:
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1 ‘‘(A) Office of Management and Budget Cir2 cular A–76.

3 ‘‘(B) A strategic sourcing.

4 ‘‘(C) A base closure or realignment.

5 ‘‘(D) Any other reorganization, privatization, or

6 reengineering of an organization.

7 ‘‘(b) PERFORMANCE MEASUREMENTS.—The system

8 for monitoring the performance of a function shall provide

9 for the measurement of the costs and benefits resulting

10 from the selection of one workforce over the other work11 force pursuant to a workforce review, as follows:

12 ‘‘(1) The costs incurred.

13 ‘‘(2) The savings derived.

14 ‘‘(3) The value of the performance by the se15 lected workforce measured against the costs of the

16 performance of that function by the workforce per17 forming the function as of the beginning of the

18 workforce review, as the workforce then performing

19 the function was organized.

20 ‘‘(c) ANNUAL REPORT.—The Secretary shall submit

21 to Congress, not later than February 1 of each fiscal year,

22 a report on the measurable value of the performance dur23 ing the preceding fiscal year of the functions that have

24 been subjected to a workforce review, as determined under

25 the monitoring system established under subsection (a).
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1 The report shall display the findings separately for each

2 of the armed forces and for each Defense Agency.

3 ‘‘(d) CONSIDERATION IN PREPARATION OF FUTURE4 YEARS DEFENSE PROGRAM.—In preparing the future5 years defense program under section 221 of this title, the

6 Secretary of Defense shall, for the fiscal years covered by

7 the program, estimate and take into account the costs to

8 be incurred and the savings to be derived from the per9 formance of functions by workforces selected in workforce

10 reviews. The Secretary shall consider the results of the

11 monitoring under this section in making the estimates.’’.

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

13 chapter, as amended by section 332(i)(2), is further

14 amended by adding at the end the following:

‘‘2476. Public-private workforce selections: system for monitoring value.’’.

15 (b) CONTENT OF CONGRESSIONAL NOTIFICATION OF

16 CONVERSIONS.—Paragraph (1) of section 2461(c) of title

17 10, United States Code, is amended—

18 (1) by redesignating subparagraphs (C), (D),

19 and (E) as subparagraphs (D), (F) and (G);

20 (2) by inserting after subparagraph (B), the

21 following new subparagraph (C):

22 ‘‘(C) The Secretary’s certification that the fac23 tors considered in the examinations performed under

24 subsection (b)(3), and in the making of the decision

25 to change performance, did not include any predeter-
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1 mined personnel constraint or limitation in terms of

2 man years, end strength, full-time equivalent posi3 tions, or maximum number of employees.’’; and

4 (3) by inserting after subparagraph (D), as re5 designated by paragraph (1), the following new sub6 paragraph (E):

7 ‘‘(E) A statement of the potential economic ef8 fect of the change on each affected local community,

9 as determined in the examination under subsection

10 (b)(3)(B)(ii).’’.

11 SEC. 367. SUSPENSION OF REORGANIZATION OF NAVAL

12 AUDIT SERVICE.

13 The Secretary of the Navy shall cease any consolida14 tions, involuntary transfers, buy-outs, or reductions in

15 force of the workforce of auditors and administrative sup16 port personnel of the Naval Audit Service that are associ17 ated with the reorganization or relocation of the perform18 ance of the auditing functions of the Navy until 60 days

19 after the date on which the Secretary submits to the con20 gressional defense committees a report that sets forth in

21 detail the Navy’s plans and justification for the reorga22 nization or relocation, as the case may be.
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1 SEC. 368. INVESTMENT OF COMMISSARY TRUST REVOLV2 ING FUND.

3 Section 2486 of title 10, United States Code, is

4 amended—

5 (1) in subsection (g)(5), by striking ‘‘(5) In this

6 subsection’’ and inserting ‘‘(i) COMMISSARY TRUST

7 REVOLVING FUND DEFINED.—In this section’’; and

8 (2) by inserting after subsection (g)(4) the fol9 lowing:

10 ‘‘(h) INVESTMENT OF COMMISSARY TRUST REVOLV11 ING FUND.—The Secretary of Defense shall invest such

12 portion of the commissary trust revolving fund as is not,

13 in the judgment of the Secretary, required to meet current

14 withdrawals. The investments shall be in public debt secu15 rities with maturities suitable to the needs of the fund,

16 as determined by the Secretary, and bearing interest at

17 rates determined by the Secretary of the Treasury, taking

18 into consideration current market yields on outstanding

19 marketable obligations of the United States of comparable

20 maturities. The income derived from the investments shall

21 be credited to and form a part of the fund.’’.

22 SEC. 369. ECONOMIC PROCUREMENT OF DISTILLED SPIR23 ITS.

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

25 is amended—

26 (1) by striking paragraph (2); and
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1 (2) by redesignating paragraph (3) as para2 graph (2).

3 SEC. 370. RESALE OF ARMOR-PIERCING AMMUNITION DIS4 POSED OF BY THE ARMY.

5 (a) RESTRICTION.—(1) Chapter 443 of title 10,

6 United States Code, is amended by adding at the end the

7 following:

8 ‘‘§ 4688. Armor-piercing ammunition and components:

9 condition on disposal

10 ‘‘(a) LIMITATION ON RESALE OR OTHER TRANS11 FER.—Except as provided in subsection (b), whenever the

12 Secretary of the Army carries out a disposal (by sale or

13 otherwise) of armor-piercing ammunition, or a component

14 of armor-piercing ammunition, the Secretary shall require

15 as a condition of the disposal that the recipient agree in

16 writing not to sell or otherwise transfer any of the ammu17 nition (reconditioned or otherwise), or any armor-piercing

18 component of that ammunition, to any purchaser in the

19 United States other than a law enforcement or other gov20 ernmental agency.

21 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to

22 a transfer of a component of armor-piercing ammunition

23 solely for the purpose of metal reclamation by means of

24 a destructive process such as melting, crushing, or shred25 ding.
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1 ‘‘(c) SPECIAL RULE FOR NON-ARMOR-PIERCING

2 COMPONENTS.—A component of the armor-piercing am3 munition that is not itself armor-piercing and is not sub4 jected to metal reclamation as described in subsection (b)

5 may not be used as a component in the production of new

6 or remanufactured armor-piercing ammunition other than

7 for sale to a law enforcement or other governmental agen8 cy or for a government-to-government sale or commercial

9 export to a foreign government under the Arms Export

10 Control Act.

11 ‘‘(d) DEFINITION.—In this section, the term ‘armor12 piercing ammunition’ means a center-fire cartridge the

13 military designation of which includes the term ‘armor

14 penetrator’ or ‘armor-piercing’, including a center-fire car15 tridge designated as armor-piercing incendiary (API) or

16 armor-piercing incendiary-tracer (API–T).’’.

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

18 chapter is amended by adding at the end the following:

‘‘4688. Armor-piercing ammunition and components: condition on disposal.’’.

19 (b) APPLICABILITY.—Section 4688 of title 10, United

20 States Code (as added by subsection (a)), shall apply with

21 respect to any disposal of ammunition or components re22 ferred to in that section after the date of the enactment

23 of this Act.
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1 SEC. 371. DAMAGE TO AVIATION FACILITIES CAUSED BY AL2 KALI SILICA REACTIVITY.

3 (a) ASSESSMENT REQUIRED.—The Secretary of De4 fense shall assess the damage caused to aviation facilities

5 of the Department of Defense by alkali silica reactivity.

6 In making the assessment, the Secretary shall review the

7 department’s aviation facilities throughout the world.

8 (b) DAMAGE PREVENTION AND MITIGATION PLAN.—

9 (1) Taking into consideration the assessment under sub10 section (a), the Secretary may develop and, during fiscal

11 years 2001 through 2006, carry out a plan to prevent and

12 mitigate damage to the aviation facilities of the Depart13 ment of Defense as a result of alkali silica reactivity.

14 (2) A plan developed under paragraph shall provide

15 for the following:

16 (A) Treatment of alkali silica reactivity in pave17 ment and structures at a selected test site.

18 (B) The demonstration and deployment of tech19 nologies capable of mitigating alkali silica reactivity

20 in hardened concrete structures and pavements.

21 (C) The promulgation of specific guidelines for

22 appropriate testing and use of lithium salts to pre23 vent alkali silica reactivity in new construction.

24 (c) DELEGATION OF AUTHORITY.—The Secretary

25 shall direct the Chief of Engineers of the Army and the

26 Commander of the Naval Facilities Engineering Command
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1 to carry out the assessment required by subsection (a) and

2 to develop and carry out the plan required by subsection

3 (b).

4 (d) FUNDING.—Of the amounts authorized to be ap5 propriated under section 301, not more than $5,000,000

6 is available for carrying out this section.

7 SEC. 372. REAUTHORIZATION OF PILOT PROGRAM FOR AC8 CEPTANCE AND USE OF LANDING FEES

9 CHARGED FOR USE OF DOMESTIC MILITARY

10 AIRFIELDS BY CIVIL AIRCRAFT.

11 (a) REAUTHORIZATION.—Subsection (a) of section

12 377 of the Strom Thurmond National Defense Authoriza13 tion Act for Fiscal Year 1999 (Public Law 105–261; 112

14 Stat. 1993; 10 U.S.C. 113 note) is amended as follows:

15 (1) by striking ‘‘1999 and 2000’’ and inserting

16 ‘‘2001 through 2010’’; and

17 (2) by striking the second sentence and insert18 ing ‘‘The pilot program under this section may not

19 be carried out after September 30, 2010.’’.

20 (b) FEES COLLECTED.—Subsection (b) of such sec21 tion is amended to read as follows:

22 ‘‘(b) LANDING FEE DEFINED.—For the purposes of

23 this section, the term ‘landing fee’ means any fee that is

24 established under or in accordance with regulations of the

25 military department concerned (whether prescribed in a
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1 fee schedule or imposed under a joint-use agreement) to

2 recover costs incurred for use by civil aircraft of an airfield

3 of the military department in the United States or in a

4 territory or possession of the United States.’’.

5 (c) USE OF PROCEEDS.—Subsection (c) of such sec6 tion is amended by striking ‘‘Amounts received for a fiscal

7 year in payment of landing fees imposed under the pilot

8 program for use of a military airfield’’ and inserting

9 ‘‘Amounts received in payment of landing fees for use of

10 a military airfield in a fiscal year of the pilot program’’.

11 (d) REPORT.—Subsection (d) of such section is

12 amended—

13 (1) by striking ‘‘March 31, 2000,’’ and insert14 ing ‘‘March 31, 2003,’’; and

15 (2) by striking ‘‘December 31, 1999’’ and in16 serting ‘‘December 31, 2002’’.

17 SEC. 373. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR

18 SUPPORT PROVIDED AT JOHNSTON ATOLL.

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

20 States Code, is amended by adding at the end the fol21 lowing:

22 ‘‘§ 9783. Johnston Atoll: reimbursement for support

23 provided to civil air carriers

24 ‘‘(a) AUTHORITY OF THE SECRETARY.—The Sec25 retary of the Air Force may, under regulations prescribed
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1 by the Secretary, require payment by a civil air carrier

2 for support provided by the United States to the carrier

3 at Johnston Atoll that is either—

4 ‘‘(1) requested by the civil air carrier; or

5 ‘‘(2) determined under the regulations as being

6 necessary to accommodate the civil air carrier’s use

7 of Johnston Atoll.

8 ‘‘(b) AMOUNT OF CHARGES.—Any amount charged

9 an air carrier under subsection (a) for support shall be

10 equal to the total amount of the actual costs to the United

11 States of providing the support. The amount charged may

12 not include any amount for an item of support that does

13 not satisfy a condition described in paragraph (1) or (2)

14 of subsection (a).

15 ‘‘(c) RELATIONSHIP TO LANDING FEES.—No landing

16 fee shall be charged an air carrier for a landing of an air17 craft of the air carrier at Johnston Atoll if the air carrier

18 is charged under subsection (a) for support provided to

19 the air carrier.

20 ‘‘(d) DISPOSITION OF PAYMENTS.—(1) Notwith21 standing any other provision of law, amounts collected

22 from an air carrier under this section shall be credited

23 to appropriations available for the fiscal year in which col24 lected, as follows:
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1 ‘‘(A) For support provided by the Air Force, to

2 appropriations available for the Air Force for oper3 ation and maintenance.

4 ‘‘(B) For support provided by the Army, to ap5 propriations available for the Army for chemical de6 militarization.

7 ‘‘(2) Amounts credited to an appropriation under

8 paragraph (1) shall be merged with funds in that appro9 priation and shall be available, without further appropria10 tion, for the purposes and period for which the appropria11 tion is available.

12 ‘‘(e) DEFINITIONS.—In this section:

13 ‘‘(1) The term ‘civil air carrier’ means an air

14 carrier (as defined in section 40101(a)(2) of title

15 49) that is issued a certificate of public convenience

16 and necessity under section 41102 of such title.

17 ‘‘(2) The term ‘support’ includes fuel, fire res18 cue, use of facilities, improvements necessary to ac19 commodate use by civil air carriers, police, safety,

20 housing, food, air traffic control, suspension of mili21 tary operations on the island (including operations

22 at the Johnston Atoll Chemical Agent Demilitariza23 tion System), repairs, and any other construction,

24 services, or supplies.’’.
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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 new item:

‘‘9783. Johnston Atoll: reimbursement for support provided to civil air carriers.’’.

4 SEC. 374. REVIEW OF COSTS OF MAINTAINING HISTORICAL

5 PROPERTIES.

6 (a) REQUIREMENT FOR REVIEW.—The Comptroller

7 General of the United States shall conduct a review of the

8 annual costs incurred by the Department of Defense to

9 comply with the requirements of the National Historic

10 Preservation Act (16 U.S.C. 470 et seq.).

11 (b) REPORT.—Not later than February 28, 2001, the

12 Comptroller General shall submit to the congressional de13 fense committees a report on the results of the review.

14 The report shall contain the following:

15 (1) For each military department and Defense

16 Agency and for the Department of Defense in the

17 aggregate, the cost for fiscal year 2000 and the pro18 jected costs for the ensuing 10 fiscal years.

19 (2) An analysis of the cost to maintain only

20 those properties that qualified as historic properties

21 under the National Historic Preservation Act when

22 such Act was originally enacted.
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1 (3) The accounts used for paying the costs of

2 complying with the requirements of the National

3 Historic Preservation Act.

4 (4) For each military department and Defense

5 Agency, the identity of all properties that must be

6 maintained in order to comply with the requirements

7 of the National Historic Preservation Act.

8 SEC. 375. EXTENSION OF AUTHORITY TO SELL CERTAIN

9 AIRCRAFT FOR USE IN WILDFIRE SUPPRES10 SION.

11 Section 2 of the Wildfire Suppression Aircraft Trans12 fer Act of 1996 (Public Law 104–307) is amended—

13 (1) in subsection (a)(1) by striking ‘‘September

14 30, 2000’’ and inserting ‘‘September 30, 2005’’;

15 (2) by adding at the end of subsection (d)(1)

16 the following: ‘‘After taking effect, the regulations

17 shall be effective until the end of the period specified

18 in subsection (a)(1).’’;

19 (3) in subsection (f), by striking ‘‘March 31,

20 2000’’ and inserting ‘‘March 31, 2005’’.

21 SEC. 376. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE

22 AIR FLEET AIRCRAFT.

23 (a) IN GENERAL.—Section 41106(a) of title 49,

24 United States Code, is amended—
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1 (1) by striking ‘‘GENERAL.—(1) Except as pro2 vided in subsection (b),’’ and inserting ‘‘INTERSTATE

3 TRANSPORTATION.—(1) Except as provided in sub4 section (d),’’;

5 (2) in paragraph (1), by striking ‘‘of at least 31

6 days’’;

7 (3) by redesignating subsection (b) as sub8 section (d); and

9 (4) by inserting after subsection (a) the fol10 lowing:

11 ‘‘(b) TRANSPORTATION BETWEEN THE UNITED

12 STATES AND FOREIGN LOCATIONS.—Except as provided

13 in subsection (d), the transportation of passengers or

14 property by transport category aircraft between a place

15 in the United States and a place outside the United States

16 obtained by the Secretary of Defense or the Secretary of

17 a military department through a contract for airlift service

18 may be provided by an air carrier referred to in subsection

19 (a).

20 ‘‘(c) TRANSPORTATION BETWEEN FOREIGN LOCA21 TIONS.—The transportation of passengers or property by

22 transport category aircraft between two places outside the

23 United States obtained by the Secretary of Defense or the

24 Secretary of a military department through a contract for

25 airlift service shall be provided by an air carrier that has
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1 aircraft in the civil reserve air fleet whenever transpor2 tation by such an air carrier is reasonably available.’’.

3 (b) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect on October 1, 2000.

5 SEC. 377. DEFENSE TRAVEL SYSTEM.

6 (a) REQUIREMENT FOR REPORT.—Not later than

7 November 30, 2000, the Secretary of Defense shall submit

8 to the congressional defense committees a report on the

9 Defense Travel System.

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

11 the following:

12 (1) A detailed discussion of the development,

13 testing, and fielding of the system, including the

14 performance requirements, the evaluation criteria,

15 the funding that has been provided for the develop16 ment, testing, and fielding of the system, and the

17 funding that is projected to be required for com18 pleting the development, testing, and fielding of the

19 system.

20 (2) The schedule that has been followed for the

21 testing of the system, including the initial oper22 ational test and evaluation and the final operational

23 testing and evaluation, together with the results of

24 the testing.
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1 (3) The cost savings expected to result from the

2 deployment of the system and from the completed

3 implementation of the system, together with a dis4 cussion of how the savings are estimated and the ex5 pected schedule for the realization of the savings.

6 (4) An analysis of the costs and benefits of

7 fielding the front-end software for the system

8 throughout all 18 geographical areas selected for the

9 original fielding of the system.

10 (c) LIMITATIONS.—(1) Not more than 25 percent of

11 the amount authorized to be appropriated under section

12 301(5) for the Defense Travel System may be obligated

13 or expended before the date on which the Secretary sub14 mits the report required under subsection (a).

15 (2) Funds appropriated for the Defense Travel Sys16 tem pursuant to the authorization of appropriations re17 ferred to in paragraph (1) may not be used for a purpose

18 other than the Defense Travel System unless the Sec19 retary first submits to Congress a written notification of

20 the intended use and the amount to be so used.

21 SEC. 378. REVIEW OF AH–64 AIRCRAFT PROGRAM.

22 (a) REQUIREMENT FOR REVIEW.—The Comptroller

23 General shall conduct a review of the Army’s AH–64 air24 craft program to determine the following:
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1 (1) Whether any of the following conditions

2 exist under the program:

3 (A) Obsolete spare parts, rather than

4 spare parts for the latest aircraft configuration,

5 are being procured.

6 (B) There is insufficient sustaining system

7 technical support.

8 (C) The technical data packages and

9 manuals are obsolete.

10 (D) There are unfunded requirements for

11 airframe and component upgrades.

12 (2) Whether the readiness of the aircraft is im13 paired by conditions described in paragraph (1) that

14 are determined to exist.

15 (b) REPORT.—Not later than March 1, 2001, the

16 Comptroller General shall submit to the congressional de17 fense committees a report on the results of the review

18 under subsection (a).

19 SEC. 379. ASSISTANCE FOR MAINTENANCE, REPAIR, AND

20 RENOVATION OF SCHOOL FACILITIES THAT

21 SERVE DEPENDENTS OF MEMBERS OF THE

22 ARMED FORCES AND DEPARTMENT OF DE23 FENSE CIVILIAN EMPLOYEES.

24 (a) GRANTS AUTHORIZED.—Chapter 111 of title 10,

25 United States Code, is amended—
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1 (1) by redesignating section 2199 as section

2 2199a; and

3 (2) by inserting after section 2198 the following

4 new section:

5 ‘‘§ 2199. Quality of life education facilities grants

6 ‘‘(a) REPAIR AND RENOVATION ASSISTANCE.—(1)

7 The Secretary of Defense may make a grant to an eligible

8 local educational agency to assist the agency to repair and

9 renovate—

10 ‘‘(A) an impacted school facility that is used by

11 significant numbers of military dependent students;

12 or

13 ‘‘(B) a school facility that was a former Depart14 ment of Defense domestic dependent elementary or

15 secondary school.

16 ‘‘(2) Authorized repair and renovation projects may

17 include repairs and improvements to an impacted school

18 facility (including the grounds of the facility) designed to

19 ensure compliance with the requirements of the Americans

20 with Disabilities Act or local health and safety ordinances,

21 to meet classroom size requirements, or to accommodate

22 school population increases.

23 ‘‘(3) The total amount of assistance provided under

24 this subsection to an eligible local educational agency may
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1 not exceed $5,000,000 during any period of two fiscal

2 years.

3 ‘‘(b) MAINTENANCE ASSISTANCE.—(1) The Sec4 retary of Defense may make a grant to an eligible local

5 educational agency whose boundaries are the same as a

6 military installation to assist the agency to maintain an

7 impacted school facility, including the grounds of such a

8 facility.

9 ‘‘(2) The total amount of assistance provided under

10 this subsection to an eligible local educational agency may

11 not exceed $250,000 during any fiscal year.

12 ‘‘(c) DETERMINATION OF ELIGIBLE LOCAL EDU13 CATIONAL AGENCIES.—(1) A local educational agency is

14 an eligible local educational agency under this section only

15 if the Secretary of Defense determines that the local edu16 cational agency has—

17 ‘‘(A) one or more federally impacted school fa18 cilities and satisfies at least one of the additional eli19 gibility requirements specified in paragraph (2); or

20 ‘‘(B) a school facility that was a former Depart21 ment of Defense domestic dependent elementary or

22 secondary school, but assistance provided under this

23 subparagraph may only be used to repair and ren24 ovate that facility.
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1 ‘‘(2) The additional eligibility requirements referred

2 to in paragraph (1) are the following:

3 ‘‘(A) The local educational agency is eligible to

4 receive assistance under subsection (f) of section

5 8003 of the Elementary and Secondary Education

6 Act of 1965 (20 U.S.C. 7703) and at least 10 per7 cent of the students who were in average daily at8 tendance in the schools of such agency during the

9 preceding school year were students described under

10 paragraph (1)(A) or (1)(B) of section 8003(a) of the

11 Elementary and Secondary Education Act of 1965.

12 ‘‘(B) At least 35 percent of the students who

13 were in average daily attendance in the schools of

14 the local educational agency during the preceding

15 school year were students described under paragraph

16 (1)(A) or (1)(B) of section 8003(a) of the Elemen17 tary and Secondary Education Act of 1965.

18 ‘‘(C) The State education system and the local

19 educational agency are one and the same.

20 ‘‘(d) NOTIFICATION OF ELIGIBILITY.—Not later than

21 June 30 of each fiscal year, the Secretary of Defense shall

22 notify each local educational agency identified under sub23 section (c) that the local educational agency is eligible dur24 ing that fiscal year to apply for a grant under subsection

25 (a), subsection (b), or both subsections.
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1 ‘‘(e) RELATION TO IMPACT AID CONSTRUCTION AS2 SISTANCE.—A local education agency that receives a grant

3 under subsection (a) to repair and renovate a school facil4 ity may not also receive a payment for school construction

5 under section 8007 of the Elementary and Secondary

6 Education Act of 1965 (20 U.S.C. 7707) for the same

7 fiscal year.

8 ‘‘(f) GRANT CONSIDERATIONS.—In determining

9 which eligible local educational agencies will receive a

10 grant under this section for a fiscal year, the Secretary

11 of Defense shall take into consideration the following con12 ditions and needs at impacted school facilities of eligible

13 local educational agencies:

14 ‘‘(1) The repair or renovation of facilities is

15 needed to meet State mandated class size require16 ments, including student-teacher ratios and instruc17 tional space size requirements.

18 ‘‘(2) There is a increase in the number of mili19 tary dependent students in facilities of the agency

20 due to increases in unit strength as part of military

21 readiness.

22 ‘‘(3) There are unhoused students on a military

23 installation due to other strength adjustments at

24 military installations.
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1 ‘‘(4) The repair or renovation of facilities is

2 needed to address any of the following conditions:

3 ‘‘(A) The condition of the facility poses a

4 threat to the safety and well-being of students.

5 ‘‘(B) The requirements of the Americans

6 with Disabilities Act.

7 ‘‘(C) The cost associated with asbestos re8 moval, energy conservation, or technology up9 grades.

10 ‘‘(D) Overcrowding conditions as evidenced

11 by the use of trailers and portable buildings and

12 the potential for future overcrowding because of

13 increased enrollment.

14 ‘‘(5) The repair or renovation of facilities is

15 needed to meet any other Federal or State mandate.

16 ‘‘(6) The number of military dependent stu17 dents as a percentage of the total student population

18 in the particular school facility.

19 ‘‘(7) The age of facility to be repaired or ren20 ovated.

21 ‘‘(g) DEFINITIONS.—In this section:

22 ‘‘(1) LOCAL EDUCATIONAL AGENCY.—The term

23 ‘local educational agency’ has the meaning given

24 that term in section 8013(9) of the Elementary and
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1 Secondary Education Act of 1965 (20 U.S.C.

2 7713(9)).

3 ‘‘(2) IMPACTED SCHOOL FACILITY.—The term

4 ‘impacted school facility’ means a facility of a local

5 educational agency—

6 ‘‘(A) that is used to provide elementary or

7 secondary education at or near a military in8 stallation; and

9 ‘‘(B) at which the average annual enroll10 ment of military dependent students is a high

11 percentage of the total student enrollment at

12 the facility, as determined by the Secretary of

13 Defense.

14 ‘‘(3) MILITARY DEPENDENT STUDENTS.—The

15 term ‘military dependent students’ means students

16 who are dependents of members of the armed forces

17 or Department of Defense civilian employees.

18 ‘‘(4) MILITARY INSTALLATION.—The term

19 ‘military installation’ has the meaning given that

20 term in section 2687(e) of this title.’’.

21 (b) AMENDMENTS TO CHAPTER HEADING AND TA22 BLES OF CONTENTS.—(1) The heading of chapter 111 of

23 title 10, United States Code, is amended to read as fol24 lows:
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1 ‘‘CHAPTER 111—SUPPORT OF

2 EDUCATION’’.

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

4 chapter is amended by striking the item relating to section

5 2199 and inserting the following new items:

‘‘2199. Quality of life education facilities grants.

‘‘2199a. Definitions.’’.

6 (3) The tables of chapters at the beginning of subtitle

7 A, and at the beginning of part III of subtitle A, of such

8 title are amended by striking the item relating to chapter

9 111 and inserting the following:

‘‘111. Support of Education ............................................................ 2191’’.

10 (c) FUNDING FOR FISCAL YEAR 2001.—Amounts ap11 propriated in the Department of Defense Appropriations

12 Act, 2001, under the heading ‘‘QUALITY OF LIFE EN13 HANCEMENTS, DEFENSE’’ may be used by the Secretary

14 of Defense to make grants under section 2199 of title 10,

15 United States Code, as added by subsection (a).

16 SEC. 380. POSTPONEMENT OF IMPLEMENTATION OF DE17 FENSE JOINT ACCOUNTING SYSTEM (DJAS)

18 PENDING ANALYSIS OF THE SYSTEM.

19 (a) POSTPONEMENT.—The Secretary of Defense may

20 not grant a Milestone III decision for the Defense Joint

21 Accounting System (DJAS) until the Secretary—

22 (1) conducts, with the participation of the In23 spector General of the Department of Defense and
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1 the inspectors general of the military departments,

2 an analysis of alternatives to the system to deter3 mine whether the system warrants deployment; and

4 (2) if the Secretary determines that the system

5 warrants deployment, submits to the congressional

6 defense committees a report certifying that the sys7 tem meets Milestone I and Milestone II require8 ments and applicable requirements of the Clinger9 Cohen Act of 1996 (divisions D and E of Public

10 Law 104–106).

11 (b) DEADLINE FOR REPORT.—The report referred to

12 in subsection (a)(2) shall be submitted, if at all, not later

13 than March 30, 2001.

14 TITLE IV—MILITARY

15 PERSONNEL AUTHORIZATIONS

16 Subtitle A—Active Forces

17 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

18 The Armed Forces are authorized strengths for active

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

20 (1) The Army, 480,000.

21 (2) The Navy, 372,000.

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

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

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

4 strengths for Selected Reserve personnel of the reserve

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

6 (1) The Army National Guard of the United

7 States, 350,088.

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

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

10 (4) The Marine Corps Reserve, 39,558.

11 (5) The Air National Guard of the United

12 States, 108,022.

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

14 (7) The Coast Guard Reserve, 8,500.

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

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

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

20 such component which are on active duty (other

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

22 (2) the total number of individual members not

23 in units organized to serve as units of the Selected

24 Reserve of such component who are on active duty

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

2 of the fiscal year.

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

5 strength prescribed for such fiscal year for the Selected

6 Reserve of such reserve component shall be proportion7 ately increased by the total authorized strengths of such

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

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

10 DUTY IN SUPPORT OF THE RESERVES.

11 Within the end strengths prescribed in section

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

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

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

16 Guard, for the purpose of organizing, administering, re17 cruiting, instructing, or training the reserve components:

18 (1) The Army National Guard of the United

19 States, 22,974.

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

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

22 (4) The Marine Corps Reserve, 2,261.

23 (5) The Air National Guard of the United

24 States, 11,170.

25 (6) The Air Force Reserve, 1,278.
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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

2 (DUAL STATUS).

3 The minimum number of military technicians (dual

4 status) as of the last day of fiscal year 2001 for the re5 serve components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall

7 be the following:

8 (1) For the Army Reserve, 5,249.

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

10 States, 24,728.

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

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

13 States, 22,221.

14 SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STA15 TUS TECHNICIANS.

16 (a) LIMITATION.—The number of non-dual status

17 technicians employed by the reserve components of the

18 Army and the Air Force as of September 30, 2001, may

19 not exceed the following:

20 (1) For the Army Reserve, 1,195.

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

22 States, 1,600.

23 (3) For the Air Force Reserve, 0.

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

25 States, 326.
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1 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

2 this section, the term ‘‘non-dual status technician’’ has the

3 meaning given the term in section 10217(a) of title 10,

4 United States Code.

5 (c) POSTPONEMENT OF PERMANENT LIMITATION.—

6 Section 10217(c)(2) of title 10, United States Code, is

7 amended by striking ‘‘October 1, 2001’’ and inserting

8 ‘‘October 1, 2002’’.

9 SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CER10 TAIN GRADES AUTHORIZED TO BE ON ACTIVE

11 DUTY IN SUPPORT OF THE RESERVES.

12 (a) OFFICERS.—The table in section 12011(a) of title

13 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’’.

14 (b) SENIOR ENLISTED MEMBERS.—The table in sec15 tion 12012(a) of title 10, United States Code, is amended

16 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’’.
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1 Subtitle C—Other Matters Relating

2 to Personnel Strengths

3 SEC. 421. SUSPENSION OF STRENGTH LIMITATIONS DUR4 ING WAR OR NATIONAL EMERGENCY.

5 (a) SENIOR ENLISTED MEMBERS.—Section 517 of

6 title 10, United States Code, is amended by adding at the

7 end the following new subsection (c):

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

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

12 of the 2-year period beginning on the date on which the

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

14 on the last day of the 1-year period beginning on the date

15 of the termination of the war or national emergency,

16 whichever occurs first. Title II of the National Emer17 gencies Act (50 U.S.C. 1621–1622) shall not apply to an

18 extension under this subsection.’’.

19 (b) SENIOR AGR PERSONNEL.—(1) Chapter 1201 of

20 such title is amended by adding at the end the following:

21 ‘‘§ 12013. Authority to suspend sections 12011 and

22 12012

23 ‘‘The Secretary of Defense may suspend the oper24 ation of section 12011 or 12012 of this title in time of

25 war or of national emergency declared by the Congress
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1 or by the President. Any suspension shall, if not sooner

2 ended, end on the last day of the 2-year period beginning

3 on the date on which the suspension (or the last extension

4 thereof) takes effect or on the last day of the 1-year period

5 beginning on the date of the termination of the war or

6 national emergency, whichever occurs first. Title II of the

7 National Emergencies Act (50 U.S.C. 1621–1622) shall

8 not apply to an extension under this subsection.’’.

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

10 chapter is amended by adding at the end the following:

‘‘12013. Authority to suspend sections 12011 and 12012.’’.

11 SEC. 422. EXCLUSION OF CERTAIN RESERVE COMPONENT

12 MEMBERS ON ACTIVE DUTY FOR MORE THAN

13 180 DAYS FROM ACTIVE COMPONENT END

14 STRENGTHS.

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

16 amended by adding at the end the following new para17 graph:

18 ‘‘(9) Members of reserve components (not de19 scribed in paragraph (8)) on active duty for more

20 than 180 days to perform special work in support of

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

22 Guard) and the combatant commands, except that

23 the number of the members excluded under this

24 paragraph may not exceed the number equal to two25 tenths of one percent of the end strength authorized
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1 for active-duty personnel under subsection

2 (a)(1)(A).’’.

3 SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL

4 AND DENTAL OFFICERS FROM LIMITATION

5 ON STRENGTHS OF RESERVE COMMISSIONED

6 OFFICERS IN GRADES BELOW BRIGADIER

7 GENERAL.

8 Section 12005(a) of title 10, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(3) Medical officers and dental officers shall not be

11 counted for the purposes of this subsection.’’.

12 SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN

13 NUMBER OF RESERVE PERSONNEL SERVING

14 ON ACTIVE DUTY OR FULL-TIME NATIONAL

15 GUARD DUTY IN CERTAIN GRADES.

16 (a) OFFICERS.—Section 12011 of title 10, United

17 States Code, is amended by adding at the end the fol18 lowing new subsection:

19 ‘‘(c) Upon increasing under subsection (c)(2) of sec20 tion 115 of this title the end strength that is authorized

21 under subsection (a)(1)(B) of that section for a fiscal year

22 for active-duty personnel and full-time National Guard

23 duty personnel of an armed force who are to be paid from

24 funds appropriated for reserve personnel, the Secretary of

25 Defense may increase for that fiscal year the limitation
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1 that is set forth in subsection (a) of this section for the

2 number of officers of that armed force serving in any

3 grade if the Secretary determines that such action is in

4 the national interest. The percent of the increase may not

5 exceed the percent by which the Secretary increases that

6 end strength.’’.

7 (b) ENLISTED PERSONNEL.—Section 12012 of title

8 10, United States Code, is amended by adding at the end

9 the following new subsection:

10 ‘‘(c) Upon increasing under subsection (c)(2) of sec11 tion 115 of this title the end strength that is authorized

12 under subsection (a)(1)(B) of that section for a fiscal year

13 for active-duty personnel and full-time National Guard

14 duty personnel of an armed force who are to be paid from

15 funds appropriated for reserve personnel, the Secretary of

16 Defense may increase for that fiscal year the limitation

17 that is set forth in subsection (a) of this section for the

18 number of enlisted members of that armed force serving

19 in any grade if the Secretary determines that such action

20 is in the national interest. The percent of the increase may

21 not exceed the percent by which the Secretary increases

22 that end strength.’’.
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1 SEC. 425. TEMPORARY EXEMPTION OF DIRECTOR OF THE

2 NATIONAL SECURITY AGENCY FROM LIMITA3 TIONS ON NUMBER OF AIR FORCE OFFICERS

4 ABOVE MAJOR GENERAL.

5 Section 525(b) of title 10, United States Code, is

6 amended by adding at the end the following new para7 graph:

8 ‘‘(8) An Air Force officer while serving as Director

9 of the National Security Agency is in addition to the num10 ber that would otherwise be permitted for the Air Force

11 for officers serving on active duty in grades above major

12 general under paragraph (1) and the number that would

13 otherwise be permitted for the Air Force for officers serv14 ing on active duty in grades above brigadier general under

15 subsection (a). This paragraph shall not be effective after

16 September 30, 2005.’’.

17 Subtitle D—Authorization of

18 Appropriations

19 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI20 TARY PERSONNEL.

21 There is hereby authorized to be appropriated to the

22 Department of Defense for military personnel for fiscal

23 year 2001 a total of $75,632,266,000. The authorization

24 in the preceding sentence supersedes any other authoriza25 tion of appropriations (definite or indefinite) for such pur26 pose for fiscal year 2001.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel

4 Policy

5 SEC. 501. ELIGIBILITY OF ARMY RESERVE COLONELS AND

6 BRIGADIER GENERALS FOR POSITION VA7 CANCY PROMOTIONS.

8 Section 14315(b)(1) of title 10, United States Code,

9 is amended by inserting after ‘‘(A) is assigned to the du10 ties of a general officer of the next higher reserve grade

11 in the Army Reserve’’ the following: ‘‘or is recommended

12 for such an assignment under regulations prescribed by

13 the Secretary of the Army’’.

14 SEC. 502. PROMOTION ZONES FOR COAST GUARD RESERVE

15 OFFICERS.

16 (a) FLEXIBLE AUTHORITY TO MEET COAST GUARD

17 NEEDS.—Section 729(d) of title 14, United States Code,

18 is amended to read as follows:

19 ‘‘(d)(1) Before convening a selection board to rec20 ommend Reserve officers for promotion, the Secretary

21 shall establish a promotion zone for officers serving in

22 each grade and competitive category to be considered by

23 the board. The Secretary shall determine the number of

24 officers in the promotion zone for officers serving in any

25 grade and competitive category from among officers who
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1 are eligible for promotion in that grade and competitive

2 category.

3 ‘‘(2) Before convening a selection board to rec4 ommend Reserve officers for promotion to a grade above

5 lieutenant (junior grade), the Secretary shall determine

6 the maximum number of officers in that grade and com7 petitive category that the board may recommend for pro8 motion. The Secretary shall make the determination under

9 the preceding sentence of the maximum number that may

10 be recommended with a view to having in an active status

11 a sufficient number of Reserve officers in each grade and

12 competitive category to meet the needs of the Coast Guard

13 for Reserve officers in an active status. In order to make

14 that determination, the Secretary shall determine (A) the

15 number of positions needed to accomplish mission objec16 tives which require officers of such competitive category

17 in the grade to which the board will recommend officers

18 for promotion, (B) the estimated number of officers need19 ed to fill vacancies in such positions during the period in

20 which it is anticipated that officers selected for promotion

21 will be promoted, (C) the number of officers authorized

22 by the Secretary to serve in an active status in the grade

23 and competitive category under consideration, and (D)

24 any statutory limitation on the number of officers in any
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1 grade or category (or combination thereof) authorized to

2 be in an active status.

3 ‘‘(3)(A) The Secretary may, when the needs of the

4 Coast Guard require, authorize the consideration of offi5 cers in a grade above lieutenant (junior grade) for pro6 motion to the next higher grade from below the promotion

7 zone.

8 ‘‘(B) When selection from below the promotion zone

9 is authorized, the Secretary shall establish the number of

10 officers that may be recommended for promotion from

11 below the promotion zone in each competitive category to

12 be considered. That number may not exceed the number

13 equal to 10 percent of the maximum number of officers

14 that the board is authorized to recommend for promotion

15 in such competitive category, except that the Secretary

16 may authorize a greater number, not to exceed 15 percent

17 of the total number of officers that the board is authorized

18 to recommend for promotion, if the Secretary determines

19 that the needs of the Coast Guard so require. If the max20 imum number determined under this paragraph is less

21 than one, the board may recommend one officer for pro22 motion from below the promotion zone.

23 ‘‘(C) The number of officers recommended for pro24 motion from below the promotion zone does not increase
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1 the maximum number of officers that the board is author2 ized to recommend for promotion under paragraph (2).’’.

3 (b) RUNNING MATE SYSTEM.—(1) Section 731 of

4 such title is amended—

5 (A) by designating the text of such section as

6 subsection (b);

7 (B) by inserting after the section heading the

8 following:

9 ‘‘(a) AUTHORITY TO USE RUNNING MATE SYS10 TEM.—The Secretary may by regulation implement sec11 tion 729(d)(1) of this title by requiring that the promotion

12 zone for consideration of Reserve officers in an active sta13 tus for promotion to the next higher grade be determined

14 in accordance with a running mate system as provided in

15 subsection (b).’’;

16 (C) in subsection (b), as designated by subpara17 graph (A), by striking ‘‘Subject to the eligibility re18 quirements of this subchapter, a Reserve officer

19 shall’’ and inserting the following: ‘‘CONSIDERATION

20 FOR PROMOTION.—If promotion zones are deter21 mined as authorized under subsection (a), a Reserve

22 officer shall, subject to the eligibility requirements of

23 this subchapter,’’; and

24 (D) by adding at the end the following:
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1 ‘‘(c) CONSIDERATION OF OFFICERS BELOW THE

2 ZONE.—If the Secretary authorizes the selection of offi3 cers for promotion from below the promotion zone in ac4 cordance with section 729(d)(3) of this title, the number

5 of officers to be considered from below the zone may be

6 established through the application of the running mate

7 system under this subchapter or otherwise as the Sec8 retary determines to be appropriate to meet the needs of

9 the Coast Guard.’’.

10 (2)(A) The heading for such section is amended to

11 read as follows:

12 ‘‘§ 731. Establishment of promotion zones: running

13 mate system’’.

14 (B) The item relating to such section in the table of

15 sections at the beginning of chapter 21 of title 14, United

16 States Code, is amended to read as follows:

‘‘731. Establishment of promotion zones: running mate system.’’.

17 (c) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall take effect on October

19 1, 2000, and shall apply with respect to selection boards

20 convened under section 730 of title 14, United States

21 Code, on or after that date.
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1 SEC. 503. TIME FOR RELEASE OF OFFICER PROMOTION SE2 LECTION BOARD REPORTS.

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

4 618(e) of title 10, United States Code, is amended to read

5 as follows:

6 ‘‘(e)(1) The names of the officers recommended for

7 promotion in the report of a selection board may be dis8 seminated to the armed force concerned as follows:

9 ‘‘(A) In the case of officers recommended for

10 promotion to a grade below brigadier general or rear

11 admiral (lower half), upon the transmittal of the re12 port to the President.

13 ‘‘(B) In the case of officers recommended for

14 promotion to a grade above colonel or, in the case

15 of the Navy, captain, upon the approval of the re16 port by the President.

17 ‘‘(C) In the case of officers whose names have

18 not been sooner disseminated, upon confirmation by

19 the Senate.

20 ‘‘(2) A list of names of officers disseminated under

21 paragraph (1) may not include—

22 ‘‘(A) any name removed by the President from

23 the report of the selection board containing that

24 name, if dissemination is under the authority of sub25 paragraph (B) of such paragraph; or
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1 ‘‘(B) the name of any officer whose promotion

2 the Senate failed to confirm, if dissemination is

3 under the authority of subparagraph (C) of such

4 paragraph.’’.

5 (b) RESERVE ACTIVE-STATUS LIST OFFICER

6 BOARDS.—The text of section 14112 of title 10, United

7 States Code, is amended to read as follows:

8 ‘‘(a) TIME FOR DISSEMINATION.—The names of the

9 officers recommended for promotion in the report of a se10 lection board may be disseminated to the armed force con11 cerned as follows:

12 ‘‘(1) In the case of officers recommended for

13 promotion to a grade below brigadier general or rear

14 admiral (lower half), upon the transmittal of the re15 port to the President.

16 ‘‘(2) In the case of officers recommended for

17 promotion to a grade above colonel or, in the case

18 of the Navy, captain, upon the approval of the re19 port by the President.

20 ‘‘(3) In the case of officers whose names have

21 not been sooner disseminated, upon confirmation by

22 the Senate.

23 ‘‘(b) NAMES NOT DISSEMINATED.—A list of names

24 of officers disseminated under subsection (a) may not

25 include—
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1 ‘‘(1) any name removed by the President from

2 the report of the selection board containing that

3 name, if dissemination is under the authority of

4 paragraph (2) of such subsection; or

5 ‘‘(2) the name of any officer whose promotion

6 the Senate failed to confirm, if dissemination is

7 under the authority of paragraph (3) of such sub8 section.’’.

9 SEC. 504. CLARIFICATION OF AUTHORITY FOR POST10 HUMOUS COMMISSIONS AND WARRANTS.

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

12 is amended to read as follows:

13 ‘‘(3) was officially recommended for appoint14 ment or promotion to a commissioned grade but died

15 in line of duty before the appointment or promotion

16 was approved by the Secretary concerned or before

17 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 if the court finds that recommendation or

8 action was contrary to law or involved a material error

9 of fact or a material administrative error.

10 ‘‘(3) In reviewing a decision by the Secretary con11 cerned to deny consideration by a special board in any

12 case, a court may hold unlawful and set aside the decision

13 only if the court finds the decision to be arbitrary or capri14 cious, not based on substantial evidence, or otherwise con15 trary to law.

16 ‘‘(f) EXCLUSIVITY OF REMEDIES.—Notwithstanding

17 any other provision of law, but subject to subsection (g),

18 the remedies provided under this section are the only rem19 edies available to a person for correcting an action or rec20 ommendation of a selection board regarding that person

21 or an action taken on the report of a selection board re22 garding that person.

23 ‘‘(g) EXISTING JURISDICTION.—(1) Nothing in this

24 section limits the jurisdiction of any court of the United

25 States under any provision of law to determine the validity
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1 of any statute, regulation, or policy relating to selection

2 boards, except that, in the event that any such statute,

3 regulation, or policy is held invalid, the remedies pre4 scribed in this section shall be the sole and exclusive rem5 edies available to any person challenging the recommenda6 tion of a special board on the basis of the invalidity.

7 ‘‘(2) Nothing in this section limits authority to cor8 rect a military record under section 1552 of this title.

9 ‘‘(h) INAPPLICABILITY TO COAST GUARD.—This sec10 tion does not apply to the Coast Guard when it is not

11 operating as a service in the Navy.

12 ‘‘(i) DEFINITIONS.—In this section:

13 ‘‘(1) The term ‘special board’—

14 ‘‘(A) means a board that the Secretary

15 concerned convenes under any authority to con16 sider whether to recommend a person for ap17 pointment, enlistment, reenlistment, assign18 ment, promotion, retention, separation, retire19 ment, or transfer to inactive status in a reserve

20 component instead of referring the records of

21 that person for consideration by a previously

22 convened selection board which considered or

23 should have considered that person;

24 ‘‘(B) includes a board for the correction of

25 military or naval records convened under sec-
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1 tion 1552 of this title, if designated as a special

2 board by the Secretary concerned; and

3 ‘‘(C) does not include a promotion special

4 selection board convened under section 628 or

5 14502 of this title.

6 ‘‘(2) The term ‘selection board’—

7 ‘‘(A) means a selection board convened

8 under section 573(c), 580, 580a, 581, 611(b),

9 637, 638, 638a, 14101(b), 14701, 14704, or

10 14705 of this title, and any other board con11 vened by the Secretary concerned under any au12 thority to recommend persons for appointment,

13 enlistment, reenlistment, assignment, pro14 motion, or retention in the armed forces or for

15 separation, retirement, or transfer to inactive

16 status in a reserve component for the purpose

17 of reducing the number of persons serving in

18 the armed forces; and

19 ‘‘(B) does not include—

20 ‘‘(i) a promotion board convened

21 under section 573(a), 611(a), or 14101(a)

22 of this title;

23 ‘‘(ii) a special board;

24 ‘‘(iii) a special selection board con25 vened under section 628 of this title; or
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1 ‘‘(iv) a board for the correction of

2 military records convened under section

3 1552 of this title.’’.

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

5 chapter is amended by adding at the end the following:

‘‘1558. Exclusive remedies in cases involving selection boards .’’.

6 (b) SPECIAL SELECTION BOARDS.—Section 628 of

7 such title is amended—

8 (1) by redesignating subsection (g) as sub9 section (j); and

10 (2) by inserting after subsection (f) the fol11 lowing:

12 ‘‘(g) LIMITATIONS OF OTHER JURISDICTION.—No

13 official or court of the United States may—

14 ‘‘(1) consider any claim based to any extent on

15 the failure of an officer or former officer of the

16 armed forces to be selected for promotion by a pro17 motion board until—

18 ‘‘(A) the claim has been referred by the

19 Secretary concerned to a special selection board

20 convened under this section and acted upon by

21 that board and the report of the board has been

22 approved by the President; or

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

24 Secretary concerned without consideration by a

25 special selection board; or
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1 ‘‘(2) grant any relief on such a claim unless the

2 officer or former officer has been selected for pro3 motion by a special selection board convened under

4 this section to consider the officer’s claim and the

5 report of the board has been approved by the Presi6 dent.

7 ‘‘(h) JUDICIAL REVIEW.—(1) A court of the United

8 States may review a determination by the Secretary con9 cerned under subsection (a)(1) or (b)(1) not to convene

10 a special selection board. If a court finds the determina11 tion to be arbitrary or capricious, not based on substantial

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

13 case to the Secretary concerned, who shall provide for con14 sideration of the officer or former officer by a special selec15 tion board under this section.

16 ‘‘(2) A court of the United States may review the ac17 tion of a special selection board convened under this sec18 tion on a claim of an officer or former officer and any

19 action taken by the President on the report of the board.

20 If a court finds that the action was contrary to law or

21 involved a material error of fact or a material administra22 tive error, it shall remand the case to the Secretary con23 cerned, who shall provide for reconsideration of the officer

24 or former officer by another special selection board.
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1 ‘‘(i) EXISTING JURISDICTION.—(1) Nothing in this

2 section limits the jurisdiction of any court of the United

3 States under any provision of law to determine the validity

4 of any statute, regulation, or policy relating to selection

5 boards, except that, in the event that any such statute,

6 regulation, or policy is held invalid, the remedies pre7 scribed in this section shall be the sole and exclusive rem8 edies available to any person challenging the recommenda9 tion of a selection board on the basis of the invalidity.

10 ‘‘(2) Nothing in this section limits authority to cor11 rect a military record under section 1552 of this title.’’.

12 (c) EFFECTIVE DATE AND APPLICABILITY.—(1) The

13 amendments made by this section shall take effect on the

14 date of the enactment of this Act and, except as provided

15 in paragraph (2), shall apply with respect to any pro16 ceeding pending on or after that date without regard to

17 whether a challenge to an action of a selection board of

18 any of the Armed Forces being considered in such pro19 ceeding was initiated before, on, or after that date.

20 (2) The amendments made by this section shall not

21 apply with respect to any action commenced in a court

22 of the United States before the date of the enactment of

23 this Act.
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1 SEC. 507. EXTENSION TO ALL AIR FORCE BIOMEDICAL

2 SCIENCES OFFICERS OF AUTHORITY TO RE3 TAIN UNTIL SPECIFIED AGE.

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

5 is amended to read as follows:

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

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

8 reserve officer who is designated as a medical offi9 cer, dental officer, Air Force nurse, Medical Service

10 Corps officer, biomedical sciences officer, or chap11 lain.’’.

12 SEC. 508. TERMINATION OF APPLICATION REQUIREMENT

13 FOR CONSIDERATION OF OFFICERS FOR

14 CONTINUATION ON THE RESERVE ACTIVE15 STATUS LIST.

16 Section 14701(a)(1) of title 10, United States Code,

17 is amended by striking ‘‘Upon application, a reserve offi18 cer’’ and inserting ‘‘A reserve officer’’.

19 SEC. 509. TECHNICAL CORRECTIONS RELATING TO RE20 TIRED GRADE OF RESERVE COMMISSIONED

21 OFFICERS.

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

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

24 service under chapter 1223 of this title’’.
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1 (b) AIR FORCE.—Section 8961(a) of title 10, United

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

3 service under chapter 1223 of this title’’.

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

5 subsections (a) and (b) shall apply to Reserve commis6 sioned officers who are promoted to a higher grade as a

7 result of selection for promotion by a board convened

8 under chapter 36 or 1403 of title 10, United States Code,

9 or having been found qualified for Federal recognition in

10 a higher grade under chapter 3 of title 32, United States

11 Code, after October 1, 1996.

12 SEC. 510. GRADE OF CHIEFS OF RESERVE COMPONENTS

13 AND DIRECTORS OF NATIONAL GUARD COM14 PONENTS.

15 (a) CHIEF OF ARMY RESERVE.—Section 3038(c) of

16 title 10, United States Code, is amended—

17 (1) by striking ‘‘major general’’ in the third

18 sentence and inserting ‘‘lieutenant general’’; and

19 (2) by striking the fourth sentence.

20 (b) CHIEF OF NAVAL RESERVE.—Section 5143(c)(2)

21 of such title is amended—

22 (1) by striking ‘‘rear admiral’’ in the first sen23 tence and inserting ‘‘vice admiral’’; and

24 (2) by striking the second sentence.
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1 (c) CHIEF OF AIR FORCE RESERVE.—Section

2 8038(c) of such title is amended—

3 (1) by striking ‘‘major general’’ in the third

4 sentence and inserting ‘‘lieutenant general’’; and

5 (2) by striking the fourth sentence.

6 (d) DIRECTORS IN THE NATIONAL GUARD BU7 REAU.—Subparagraphs (A) and (B) of section

8 10506(a)(1) of such title are each amended by striking

9 ‘‘the grade of major general or, if appointed to that posi10 tion in accordance with section 12505(a)(2) of this title,’’.

11 (e) COMMANDER, MARINE FORCES RESERVE.—(1)

12 Section 5144(c)(2) of such title is amended to read as fol13 lows:

14 ‘‘(2)(A) The Commander, Marine Forces Reserve,

15 while so serving, has the grade of major general, without

16 vacating the officer’s permanent grade. An officer may,

17 however, be assigned to the position of Commander, Ma18 rine Forces Reserve, in the grade of lieutenant general if

19 appointed to that grade for service in that position by the

20 President, by and with the advice and consent of the Sen21 ate. An officer may be recommended to the President for

22 such an appointment if selected for appointment to that

23 position in accordance with subparagraph (B).

24 ‘‘(B) An officer shall be considered to have been se25 lected for appointment to the position of Commander, Ma-
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1 rine Forces Reserve, in accordance with this subparagraph

2 if—

3 ‘‘(i) the officer is recommended for that ap4 pointment by the Secretary of the Navy;

5 ‘‘(ii) the officer is determined by the Chairman

6 of the Joint Chiefs of Staff, in accordance with cri7 teria and as a result of a process established by the

8 Chairman, to have significant joint duty experience;

9 and

10 ‘‘(iii) the officer is recommended by the Sec11 retary of Defense to the President for the appoint12 ment.’’.

13 (2) Until October 1, 2002, the Secretary of Defense

14 may, on a case-by-case basis, waive clause (ii) of section

15 5144(c)(2)(B) of title 10, United States Code (as added

16 by paragraph (1)), with respect to the appointment of an

17 officer to the position of Commander, Marine Forces Re18 serve, if in the judgment of the Secretary—

19 (A) the officer is qualified for service in the po20 sition; and

21 (B) the waiver is necessary for the good of the

22 service.

23 (f) REPEAL OF SUPERSEDED AUTHORITY.—(1) Sec24 tion 12505 of title 10, United States Code, is repealed.
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1 (2) The table of sections at the beginning of chapter

2 1213 of such title is amended by striking the item relating

3 to section 12505.

4 (g) VICE CHIEF OF NATIONAL GUARD BUREAU.—

5 (1) The Secretary of Defense shall conduct a study of the

6 advisability of increasing the grade authorized for the Vice

7 Chief of the National Guard Bureau to Lieutenant Gen8 eral.

9 (2) As part of the study, the Chief of the National

10 Guard Bureau shall submit to the Secretary of Defense

11 an analysis of the functions and responsibilities of the Vice

12 Chief of the National Guard Bureau and the Chief’s rec13 ommendation as to whether the grade authorized for the

14 Vice Chief should be increased.

15 (3) Not later than February 1, 2001, the Secretary

16 shall submit to the Committees on Armed Services of the

17 Senate and House of Representatives a report on the

18 study. The report shall include the following—

19 (A) the recommendation of the Chief of the Na20 tional Guard Bureau and any other information pro21 vided by the Chief to the Secretary of Defense pur22 suant to paragraph (2);

23 (B) the conclusions resulting from the study;

24 and
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1 (C) the Secretary’s recommendations regarding

2 whether the grade authorized for the Vice Chief of

3 the National Guard Bureau should be increased to

4 Lieutenant General.

5 (h) EFFECTIVE DATES.—Subsection (g) shall take

6 effect on the date of the enactment of this Act. Except

7 for that subsection, this section and the amendments

8 made by this section shall take effect on the earlier of—

9 (1) the date that is 90 days after the date of

10 the enactment of this Act; or

11 (2) January 1, 2001.

12 SEC. 511. CONTINGENT EXEMPTION FROM LIMITATION ON

13 NUMBER OF AIR FORCE OFFICERS SERVING

14 ON ACTIVE DUTY IN GRADES ABOVE MAJOR

15 GENERAL.

16 Section 525(b) of title 10, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(8) While an officer of the Army, Navy, or Marine

19 Corps is serving as Commander in Chief of the United

20 States Transportation Command, an officer of the Air

21 Force, while serving as Commander of the Air Mobility

22 Command, if serving in the grade of general, is in addition

23 to the number that would otherwise be permitted for the

24 Air Force for officers serving on active duty in grades

25 above major general under paragraph (1).
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1 ‘‘(9) While an officer of the Army, Navy, or Marine

2 Corps is serving as Commander in Chief of the United

3 States Space Command, an officer of the Air Force, while

4 serving as Commander of the Air Force Space Command,

5 if serving in the grade of general, is in addition to the

6 number that would otherwise be permitted for the Air

7 Force for officers serving on active duty in grades above

8 major general under paragraph (1).’’.

9 Subtitle B—Joint Officer

10 Management

11 SEC. 521. JOINT SPECIALTY DESIGNATIONS AND ADDI12 TIONAL IDENTIFIERS.

13 Section 661 of title 10, United States Code, is

14 amended to read as follows:

15 ‘‘§ 661. Management policies for joint specialty offi16 cers

17 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense

18 shall establish policies, procedures, and practices for the

19 effective management of officers of the Army, Navy, Air

20 Force, and Marine Corps on the active-duty list who are

21 particularly trained in, and oriented toward, joint matters

22 (as defined in section 668 of this title). Such officers shall

23 be identified or designated (in addition to their principal

24 military occupational specialty) in such manner as the

25 Secretary of Defense directs. For purposes of this chapter,
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1 officers to be managed by such policies, procedures, and

2 practices are those who have been designated under sub3 section (b) as joint specialty officers.

4 ‘‘(b) JOINT SPECIALTY OFFICER DESIGNATION.—(1)

5 The purpose for designation of officers as joint specialty

6 officers is to provide a quickly identifiable group of officers

7 who have the joint service experience and education in

8 joint matters that are especially required for any par9 ticular organizational staff or joint task force operation.

10 ‘‘(2) To qualify for the joint specialty designation, an

11 officer shall—

12 ‘‘(A) have successfully completed—

13 ‘‘(i) a program of education in residence at

14 a joint professional military education school

15 accredited as such by the Chairman of the

16 Joint Chiefs of Staff; and

17 ‘‘(ii) a full tour of duty in a joint duty as18 signment; or

19 ‘‘(B) have successfully completed two full tours

20 of duty in joint duty assignments.

21 ‘‘(3) The requirements set forth in paragraph (2)(A)

22 may be satisfied in any sequence.

23 ‘‘(4) The Secretary of Defense shall prescribe the

24 standards for characterizing the completion of a require25 ment under paragraph (2) as successful.
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1 ‘‘(5) An officer may not be designated as a joint spe2 cialty officer unless qualified under paragraph (2).

3 ‘‘(c) ADDITIONAL IDENTIFIER.—An officer des4 ignated as a joint specialty officer may be awarded an ad5 ditional joint specialty identifier as directed by the Sec6 retary under subsection (a).

7 ‘‘(d) WAIVER AUTHORITY FOR AWARD OF ADDI8 TIONAL IDENTIFIER.—(1) The Secretary of Defense may

9 waive the applicability of a requirement for a qualification

10 set forth in subsection (b) for a designation of a particular

11 officer as a joint specialty officer upon the Secretary’s de12 termination that, by reason of unusual circumstances ap13 plicable in the officer’s case, the officer has one or more

14 qualifications that are comparable to the qualification

15 waived.

16 ‘‘(2) The Secretary may grant a waiver for a general

17 or flag officer under paragraph (1) only upon the Sec18 retary’s determination that it is necessary to do so in

19 order to meet a critical need of the armed forces.

20 ‘‘(3) The Secretary may delegate authority under this

21 subsection only to the Deputy Secretary of Defense or the

22 Chairman of the Joint Chiefs of Staff.

23 ‘‘(4) The Secretary of the military department con24 cerned may request a waiver under this subsection. A re25 quest shall include a full justification for the requested
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1 waiver on the basis of the criterion described in paragraph

2 (1) and, in the case of a general or flag officer, the addi3 tional criterion described in paragraph (2).

4 ‘‘(e) GENERAL AND FLAG OFFICER POSITIONS.—(1)

5 The Secretary of Defense shall designate the joint duty

6 assignments for general or flag officers that must be filled

7 by joint specialty officers.

8 ‘‘(2) Only a joint specialty officer may be assigned

9 to a joint duty assignment designated under paragraph

10 (1).

11 ‘‘(3) The Secretary may waive the limitation in para12 graph (2) if the Secretary determines that it is necessary

13 to do so in the interest of national security.

14 ‘‘(f) JOINT PROFESSIONAL MILITARY EDUCATION

15 SCHOOLS.—The Chairman of the Joint Chiefs of Staff

16 shall accredit as joint professional military education

17 schools for the purposes of this chapter the schools that

18 the Chairman determines as being qualified for the accred19 itation. A school may not be considered a joint profes20 sional military education school for any such purpose un21 less the school is so accredited.’’.

22 SEC. 522. PROMOTION OBJECTIVES.

23 (a) OBJECTIVES.—Section 662 of title 10, United

24 States Code, is amended to read as follows:
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1 ‘‘§ 662. Promotion policy objectives for joint officers

2 ‘‘(a) QUALIFICATIONS.—The Secretary of Defense

3 shall ensure that the qualifications of officers assigned to

4 joint duty assignments and officers whose previous assign5 ment was a joint duty assignment are such that those offi6 cers are expected, as a group, to be promoted to the next

7 higher grade at a rate not less than the rate for officers

8 of the same armed force in the same grade and competi9 tive category who are serving on the headquarters staff

10 of that armed force.

11 ‘‘(b) VALIDATION OF QUALIFICATIONS.—(1) The

12 Secretary of a military department shall validate the quali13 fications of officers under the jurisdiction of the Secretary

14 for eligibility for joint duty assignments.

15 ‘‘(2) The Secretary shall ensure that, under the proc16 ess prescribed under paragraph (3), an adequate number

17 of the colonels or, in the case of the Navy, captains vali18 dated as qualified for joint duty assignments satisfy the

19 requirements under section 619a of this title for pro20 motion to brigadier general or rear admiral (lower half),

21 respectively.

22 ‘‘(3) The Secretary shall prescribe the process for

23 validating qualifications of officers under the jurisdiction

24 of the Secretary in accordance with this subsection.

25 ‘‘(c) CONSIDERATION OF JOINT SPECIALTY OFFI26 CERS.—(1) The Secretary of Defense shall prescribe poli-
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1 cies for ensuring that joint specialty officers eligible for

2 consideration for promotion are appropriately considered

3 for promotion.

4 ‘‘(2) The policies shall require the following:

5 ‘‘(A) That at least one member of a board con6 vened for the selection of officers for promotion to

7 a grade above major or, in the case of the Navy,

8 lieutenant commander is serving in a joint duty as9 signment and has been approved by the Chairman of

10 the Joint Chiefs of Staff for appointment to mem11 bership on that board.

12 ‘‘(B) That the Chairman of the Joint Chiefs of

13 Staff has the opportunity to review the report of

14 each promotion selection board referred to in sub15 paragraph (A), and to submit comments on the re16 port to the Secretary of Defense and the Secretary

17 of the military department concerned, before the

18 Secretary of that military department takes action

19 on the report.’’.

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

21 at the beginning of chapter 38 of title 10, United States

22 Code, is amended by striking the item relating to section

23 662 and inserting the following:

‘‘662. Promotion policy objectives for joint officers.’’.
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1 SEC. 523. EDUCATION.

2 (a) OFFICERS ELIGIBLE FOR WAIVER OF CAPSTONE

3 COURSE REQUIREMENT.—Subsection (a)(1)(C) of section

4 663 of title 10, United States Code, is amended by strik5 ing ‘‘scientific and technical qualifications’’ and inserting

6 ‘‘career field specialty qualifications’’.

7 (b) REPEAL OF REQUIREMENT FOR POST-EDU8 CATION JOINT DUTY ASSIGNMENT.—Such section is fur9 ther amended by striking subsection (d).

10 SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENT.

11 (a) IN GENERAL.—Section 664 of title 10, United

12 States Code, is amended—

13 (1) by striking subsections (a) through (h);

14 (2) by redesignating subsection (i) as subsection

15 (f); and

16 (3) by inserting after the section heading the

17 following:

18 ‘‘(a) IN GENERAL.—The length of a joint duty as19 signment at an installation or other place of duty shall

20 be equivalent to the standard length of the assignments

21 (other than joint duty assignments) of officers at that in22 stallation or other place of duty.

23 ‘‘(b) WAIVER AUTHORITY.—The Secretary of De24 fense may waive the requirement in subsection (a) for the

25 length of a joint duty assignment in the case of any officer

26 upon a determination by the Secretary that the waiver is
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1 critical in the case of that specific officer for meeting mili2 tary personnel management requirements.

3 ‘‘(c) CURTAILMENT OF ASSIGNMENT.—The Sec4 retary of Defense may, upon the request of the Secretary

5 of the military department concerned, authorize a curtail6 ment of a joint duty assignment of more than two years

7 for an officer who has served in that assignment for at

8 least two years.

9 ‘‘(d) FULL TOUR OF DUTY.—Subject to subsection

10 (e), an officer shall be considered to have completed a full

11 tour of duty in a joint duty assignment upon the comple12 tion of service performed in a grade not lower than major

13 or, in the case of the Navy, lieutenant commander, as fol14 lows:

15 ‘‘(1) Service in a joint duty assignment that

16 meets the standard set forth in subsection (a).

17 ‘‘(2) Service in a joint duty assignment under

18 the circumstances described in subsection (c).

19 ‘‘(3) Cumulative service in one or more joint

20 task force headquarters that is substantially equiva21 lent to a standard length of assignment determined

22 under subsection (a).

23 ‘‘(4) Service in a joint duty assignment with re24 spect to which the Secretary of Defense has granted

25 a waiver under subsection (b), but only in a case in
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1 which the Secretary directs that the service com2 pleted by the officer in that duty assignment be con3 sidered to be a full tour of duty in a joint duty as4 signment.

5 ‘‘(5) Service in a second joint duty assignment

6 that is less than the period required under sub7 section (a), but is not less than two years, without

8 regard to whether a waiver was granted for such as9 signment under subsection (b).’’.

10 (b) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK

11 FORCE ASSIGNMENTS.—Subsection (f) of such section, as

12 redesignated by subsection (a)(2), is amended—

13 (1) in paragraph (4)(B), by inserting before the

14 period at the end the following: ‘‘, except that cumu15 lative service of less than one year in more than one

16 such assignment in the headquarters of a joint task

17 force may not be credited’’;

18 (2) in paragraph (4)(E)—

19 (A) by striking ‘‘combat or combat-re20 lated’’; and

21 (B) by inserting before the period at the

22 end the following: ‘‘, as approved by the Sec23 retary of Defense’’;

24 (3) in paragraph (5), by striking ‘‘any of the

25 following provisions of this title:’’ and all that fol-
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1 lows and inserting ‘‘section 662 of this title or para2 graph (2), (4), or (7) of section 667(a) of this

3 title.’’; and

4 (4) by striking paragraph (6).

5 SEC. 525. ANNUAL REPORT TO CONGRESS.

6 Section 667 of title 10, United States Code, is

7 amended by striking paragraph (1) and all that follows

8 and inserting the following:

9 ‘‘(1) The number of joint specialty officers, re10 ported by grade and by branch or specialty.

11 ‘‘(2) An assessment of the extent to which the

12 Secretary of each military department is assigning

13 personnel to joint duty assignments in accordance

14 with this chapter and the policies, procedures, and

15 practices established by the Secretary of Defense

16 under section 661(a) of this title.

17 ‘‘(3) The number of waivers granted under sec18 tion 619a(b)(1) of this title for officers in the grade

19 of colonel or, in the case of the Navy, captain for

20 each of the years preceding the year in which the re21 port is submitted.

22 ‘‘(4) The officers whose service in joint duty as23 signments during the year covered by the report ter24 minated before the officers completed the full tour of

25 duty in those assignments, expressed as a percent of
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1 the total number of officers in joint duty assign2 ments during that year.

3 ‘‘(5) The percentage of fill of student quotas for

4 each course of the National Defense University for

5 the year covered by the report.

6 ‘‘(6) A list of the joint task force headquarters

7 in which service was approved for crediting as a

8 joint duty assignment for the year covered by the re9 port.

10 ‘‘(7) The following comparisons:

11 ‘‘(A) A comparison of—

12 ‘‘(i) the promotion rates for officers

13 who are officers serving in joint duty as14 signments or officers whose previous as15 signment was a joint duty assignment and

16 were considered for promotion within the

17 promotion zone, with

18 ‘‘(ii) the promotion rates for other of19 ficers in the same grade and the same

20 competitive category who are serving on

21 the headquarters staff of the armed force

22 concerned and were considered for pro23 motion within the promotion zone.

24 ‘‘(B) A comparison of—
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1 ‘‘(i) the promotion rates for officers

2 who are officers serving in joint duty as3 signments or officers whose previous as4 signment was a joint duty assignment and

5 were considered for promotion from above

6 the promotion zone, with

7 ‘‘(ii) the promotion rates for other of8 ficers in the same grade and the same

9 competitive category who are serving on

10 the headquarters staff of the armed force

11 concerned and were considered for pro12 motion from above the promotion zone.

13 ‘‘(C) A comparison of—

14 ‘‘(i) the promotion rates for officers

15 who are officers serving in joint duty as16 signments or officers whose previous as17 signment was a joint duty assignment and

18 were considered for promotion from below

19 the promotion zone, with

20 ‘‘(ii) the promotion rates for other of21 ficers in the same grade and the same

22 competitive category who are serving on

23 the headquarters staff of the armed force

24 concerned and were considered for pro25 motion from below the promotion zone.
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1 ‘‘(8) If any of the comparisons in paragraph (7)

2 indicate that the promotion rates for officers re3 ferred to in subparagraph (A)(i), (B)(i), or (C)(i) of

4 such paragraph fail to meet the objective set forth

5 in section 662(a) of this title, information on the

6 failure and on what action the Secretary has taken

7 or plans to take to prevent further failures.

8 ‘‘(9) Any other information relating to joint of9 ficer management that the Secretary of Defense con10 siders significant.’’.

11 SEC. 526. MULTIPLE ASSIGNMENTS CONSIDERED AS SIN12 GLE JOINT DUTY ASSIGNMENT.

13 (a) DEFINITION OF JOINT DUTY ASSIGNMENT.—

14 Subsection (b) of section 668 of title 10, United States

15 Code, is amended—

16 (1) by redesignating paragraph (2) as para17 graph (3); and

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph (2):

20 ‘‘(2) An assignment not qualifying as a joint duty as21 signment within the definition prescribed under paragraph

22 (1) shall be treated as a joint duty assignment for the

23 purposes of this subchapter if the assignment is consid24 ered under subsection (c)(2) as part of a single tour of

25 duty in a joint duty assignment.’’.
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1 (b) MULTIPLE ASSIGNMENTS CONSIDERED AS SIN2 GLE TOUR OF DUTY.—Subsection (c) of such section is

3 amended to read as follows:

4 ‘‘(c) MULTIPLE ASSIGNMENTS CONSIDERED AS SIN5 GLE TOUR OF DUTY.—For purposes of this chapter, serv6 ice in more than one assignment shall be considered to

7 be a single tour of duty in a joint duty assignment, as

8 follows:

9 ‘‘(1) Continuous service in two or more con10 secutive joint duty assignments, as defined under

11 subsection (b)(1).

12 ‘‘(2) Continuous service, in any order, in—

13 ‘‘(A) at least one joint duty assignment, as

14 defined under subsection (b)(1); and

15 ‘‘(B) one or more assignments not satis16 fying the definition prescribed under subsection

17 (b)(1) but involving service that provides sig18 nificant experience in joint matters, as deter19 mined under policies prescribed by the Sec20 retary of Defense under section 661(a) of this

21 title.’’.

22 SEC. 527. JOINT DUTY REQUIREMENT FOR PROMOTION TO

23 ONE-STAR GRADES.

24 Section 619a of title 10, United States Code, is

25 amended—
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1 (1) in subsection (a), by striking ‘‘section

2 664(f)’’ and inserting ‘‘section 664(d); and

3 (2) in subsection (b)—

4 (A) in paragraph (2), by striking ‘‘sci5 entific and technical qualifications’’ and insert6 ing ‘‘career field specialty qualifications’’; and

7 (B) in paragraph (4), by striking ‘‘if—’’

8 and all that follows and inserting a period.

9 Subtitle C—Education and

10 Training

11 SEC. 541. ELIGIBILITY OF CHILDREN OF RESERVES FOR

12 PRESIDENTIAL APPOINTMENT TO SERVICE

13 ACADEMIES.

14 (a) UNITED STATES MILITARY ACADEMY.—Section

15 4342(b)(1) of title 10, United States Code, 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 (b) UNITED STATES NAVAL ACADEMY.—Section

8 6954(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;’’.

24 (c) UNITED STATES AIR FORCE ACADEMY.—Section

25 9342(b)(1) of such title is amended—
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1 (1) in subparagraph (B), by striking ‘‘, other

2 than those granted retired pay under section 12731

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

4 in effect before the effective date of the Reserve Of5 ficer Personnel Management Act)’’; and

6 (2) by inserting after subparagraph (B) the fol7 lowing:

8 ‘‘(C) are serving as members of reserve

9 components and are credited with at least eight

10 years of service computed under section 12733

11 of this title; or

12 ‘‘(D) would be, or who died while they

13 would have been, entitled to retired pay under

14 chapter 1223 of this title except for not having

15 attained 60 years of age;’’.

16 SEC. 542. SELECTION OF FOREIGN STUDENTS TO RECEIVE

17 INSTRUCTION AT SERVICE ACADEMIES.

18 (a) UNITED STATES MILITARY ACADEMY.—Section

19 4344(a) of title 10, United States Code, is amended by

20 adding at the end the following:

21 ‘‘(3) In selecting persons to receive instruction under

22 this section from among applicants from the countries ap23 proved under paragraph (2), the Secretary shall give a pri24 ority to persons who have a national service obligation to

25 their countries upon graduation from the Academy.’’.
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1 (b) UNITED STATES NAVAL ACADEMY.—Section

2 6957(a) of such title is amended by adding at the end

3 the following:

4 ‘‘(3) In selecting persons to receive instruction under

5 this section from among applicants from the countries ap6 proved under paragraph (2), the Secretary shall give a pri7 ority to persons who have a national service obligation to

8 their countries upon graduation from the Academy.’’.

9 (c) UNITED STATES AIR FORCE ACADEMY.—Section

10 9344(a) of such title is amended by adding at the end

11 the following:

12 ‘‘(3) In selecting persons to receive instruction under

13 this section from among applicants from the countries ap14 proved under paragraph (2), the Secretary shall give a pri15 ority to persons who have a national service obligation to

16 their countries upon graduation from the Academy.’’.

17 (d) EFFECTIVE DATE AND APPLICABILITY.—This

18 section and the amendments made by this section shall

19 take effect on October 1, 2000, and shall apply with re20 spect to academic years that begin after that date.

21 SEC. 543. REPEAL OF CONTINGENT FUNDING INCREASE

22 FOR JUNIOR RESERVE OFFICERS TRAINING

23 CORPS.

24 (a) REPEAL.—(1) Section 2033 of title 10, United

25 States Code, is repealed.
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1 (2) The table of sections at the beginning of chapter

2 102 of such title is amended by striking the item relating

3 to section 2033.

4 (b) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect on October

6 1, 2000.

7 SEC. 544. REVISION OF AUTHORITY FOR MARINE CORPS

8 PLATOON LEADERS CLASS TUITION ASSIST9 ANCE PROGRAM.

10 (a) ELIGIBILITY OF OFFICERS.—Section 16401 of

11 title 10, United States Code, is amended—

12 (1) in subsection (a), by striking ‘‘enlisted’’ in

13 the matter preceding paragraph (1); and

14 (2) in subsection (b)(1)—

15 (A) by striking ‘‘an enlisted member’’ in

16 the matter preceding subparagraph (A) and in17 serting ‘‘a member’’; and

18 (B) by striking ‘‘an officer candidate in’’ in

19 subparagraph (A) and inserting ‘‘a member of’’.

20 (b) REPEAL OF AGE LIMITATIONS.—Subsection (b)

21 of such section is amended—

22 (1) in paragraph (1)—

23 (A) by striking subparagraph (B);
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1 (B) by redesignating subparagraphs (C)

2 and (D) as subparagraphs (B) and (C), respec3 tively; and

4 (C) in subparagraph (C), as so redesig5 nated, by striking ‘‘paragraph (3)’’ and insert6 ing ‘‘paragraph (2)’’;

7 (2) by striking subparagraph (2);

8 (3) by redesignating paragraph (3) as para9 graph (2); and

10 (4) in paragraph (2), as so redesignated, by

11 striking ‘‘paragraph (1)(D)’’ and inserting ‘‘para12 graph (1)(C)’’.

13 (c) CANDIDATES FOR LAW DEGREES.—Subsection

14 (a)(2) of such section is amended by striking ‘‘three’’ and

15 inserting ‘‘four’’.

16 (d) INAPPLICABILITY OF SANCTION TO OFFICERS.—

17 Subsection (f)(1) of such section is amended by striking

18 ‘‘A member’’ and inserting ‘‘An enlisted member’’.

19 (e) AMENDMENTS OF HEADINGS.—(1) The heading

20 for such section is amended to read as follows:

21 ‘‘§ 16401. Marine Corps Platoon Leaders Class tuition

22 assistance program’’.

23 (2) The heading for subsection (a) of such section

24 is amended by striking ‘‘FOR FINANCIAL ASSISTANCE

25 PROGRAM’’.
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1 (f) CLERICAL AMENDMENT.—The item relating to

2 such section in the table of chapters at the beginning of

3 chapter 1611 of title 10, United States Code, is amended

4 to read as follows:

‘‘16401. Marine Corps Platoon Leaders Class tuition assistance program.’’.

5 Subtitle D—Matters Relating to

6 Recruiting

7 SEC. 551. ARMY RECRUITING PILOT PROGRAMS.

8 (a) REQUIREMENT FOR PROGRAMS.—The Secretary

9 of the Army shall carry out pilot programs to test various

10 recruiting approaches under this section for the following

11 purposes:

12 (1) To assess the effectiveness of the recruiting

13 approaches for creating enhanced opportunities for

14 recruiters to make direct, personal contact with po15 tential recruits.

16 (2) To improve the overall effectiveness and ef17 ficiency of Army recruiting activities.

18 (b) OUTREACH THROUGH MOTOR SPORTS.—(1) One

19 of the pilot programs shall be a pilot program of public

20 outreach that associates the Army with motor sports com21 petitions to achieve the objectives set forth in paragraph

22 (2).

23 (2) The events and activities undertaken under the

24 pilot program shall be designed to provide opportunities
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1 for Army recruiters to make direct, personal contact with

2 high school students to achieve the following objectives:

3 (A) To increase enlistments by students grad4 uating from high school.

5 (B) To reduce attrition in the Delayed Entry

6 Program of the Army by sustaining the personal

7 commitment of students who have elected delayed

8 entry into the Army under the program.

9 (3) Under the pilot program, the Secretary shall pro10 vide for the following:

11 (A) For Army recruiters or other Army

12 personnel—

13 (i) to organize Army sponsored career day

14 events in association with national motor sports

15 competitions; and

16 (ii) to arrange for or encourage attendance

17 at the competitions by high school students,

18 teachers, guidance counselors, and administra19 tors of high schools located near the competi20 tions.

21 (B) For Army recruiters and other soldiers to

22 attend national motor sports competitions—

23 (i) to display exhibits depicting the con24 temporary Army and career opportunities in the

25 Army; and
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1 (ii) to discuss those opportunities with po2 tential recruits.

3 (C) For the Army to sponsor a motor sports

4 racing team as part of an integrated program of re5 cruitment and publicity for the Army.

6 (D) For the Army to sponsor motor sports com7 petitions for high school students at which recruiters

8 meet with potential recruits.

9 (E) For Army recruiters or other Army per10 sonnel to compile in an Internet accessible database

11 the names, addresses, telephone numbers, and elec12 tronic mail addresses of persons who are identified

13 as potential recruits through activities under the

14 pilot program.

15 (F) Any other activities associated with motor

16 sports competition that the Secretary determines ap17 propriate for Army recruitment purposes.

18 (c) OUTREACH AT VOCATIONAL SCHOOLS AND COM19 MUNITY COLLEGES.—(1) One of the pilot programs shall

20 be a pilot program under which Army recruiters are as21 signed at postsecondary vocational institutions and com22 munity colleges for the purpose of recruiting students

23 graduating from those institutions and colleges, recent

24 graduates of those institutions and colleges, and students
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1 withdrawing from enrollments in those institutions and

2 colleges.

3 (2) The Secretary shall select the institutions and col4 leges to be invited to participate in the pilot program.

5 (3) The conduct of the pilot program at an institution

6 or college shall be subject to an agreement which the Sec7 retary shall enter into with the governing body or author8 ized official of the institution or college, as the case may

9 be.

10 (4) Under the pilot program, the Secretary shall pro11 vide for the following:

12 (A) For Army recruiters to be placed in post13 secondary vocational institutions and community col14 leges to serve as a resource for guidance counselors

15 and to recruit for the Army.

16 (B) For Army recruiters to recruit from among

17 students and graduates described in paragraph (1).

18 (C) For the use of telemarketing, direct mail,

19 interactive voice response systems, and Internet

20 website capabilities to assist the recruiters in the

21 postsecondary vocational institutions and community

22 colleges.

23 (D) For any other activities that the Secretary

24 determines appropriate for recruitment activities in
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1 postsecondary vocational institutions and community

2 colleges.

3 (5) In this subsection, the term ‘‘postsecondary voca4 tional institution’’ has the meaning given the term in sec5 tion 102(c) of the Higher Education Act of 1965 (20

6 U.S.C. 1002(c)).

7 (d) CONTRACT RECRUITING INITIATIVES.—(1) One

8 of the pilot programs shall be a program that expands in

9 accordance with this subsection the scope of the Army’s

10 contract recruiting initiatives that are ongoing as of the

11 date of the enactment of this Act. Under the pilot pro12 gram, the Secretary shall select at least five recruiting bat13 talions to apply the initiatives in efforts to recruit per14 sonnel for the Army.

15 (2) Under the pilot program, the Secretary shall pro16 vide for the following:

17 (A) For replacement of the Regular Army re18 cruiters by contract recruiters in the five recruiting

19 battalions selected under paragraph (1).

20 (B) For operation of the five battalions under

21 the same rules and chain of command as the other

22 Army recruiting battalions.

23 (C) For use of the offices, facilities, and equip24 ment of the five battalions by the contract recruit25 ers.
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1 (D) For reversion to performance of the re2 cruiting activities by Regular Army soldiers in the

3 five battalions upon termination of the pilot pro4 gram.

5 (E) For any other uses of contractor personnel

6 for Army recruiting activities that the Secretary de7 termines appropriate.

8 (e) DURATION OF PILOT PROGRAMS.—The pilot pro9 grams required by this section shall be carried out during

10 the period beginning on October 1, 2000, and, subject to

11 subsection (f), ending on December 31, 2005.

12 (f) AUTHORITY TO EXPAND OR EXTEND PILOT PRO13 GRAMS.—The Secretary may expand the scope of any of

14 the pilot programs (under subsection (b)(3)(F), (c)(4)(D),

15 (d)(2)(E), or otherwise) or extend the period for any of

16 the pilot programs. Before doing so in the case of a pilot

17 program, the Secretary shall submit to the Committees on

18 Armed Services of the Senate and the House of Represent19 atives a written notification of the expansion of the pilot

20 program (together with the scope of the expansion) or the

21 continuation of the pilot program (together with the period

22 of the extension), as the case may be.

23 (g) RELATIONSHIP TO OTHER LAW.—The Secretary

24 may exercise the authority to carry out a pilot program

25 under this section without regard to any other provision
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1 of law that, except for this subsection, would otherwise

2 restrict the actions taken by the Secretary under that au3 thority.

4 (h) REPORTS.—Not later than February 1, 2006, the

5 Secretary of the Army shall submit to the Committees on

6 Armed Services of the Senate and the House of Represent7 atives a separate report on each of the pilot programs car8 ried out under this section. The report on a pilot program

9 shall include the following:

10 (1) The Secretary’s assessment of the value of

11 the actions taken in the administration of the pilot

12 program for increasing the effectiveness and effi13 ciency of Army recruiting.

14 (2) Any recommendations for legislation or

15 other action that the Secretary considers appropriate

16 to increase the effectiveness and efficiency of Army

17 recruiting.

18 SEC. 552. ENHANCEMENT OF THE JOINT AND SERVICE RE19 CRUITMENT MARKET RESEARCH AND ADVER20 TISING PROGRAMS.

21 The Secretary of Defense shall take appropriate ac22 tions to enhance the effectiveness of the Joint and Service

23 Recruiting and Advertising Programs through an aggres24 sive program of advertising and market research targeted

25 to prospective recruits for the Armed Forces and to per-
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1 sons who influence prospective recruits. Chapter 35 of title

2 44, United States Code, shall not apply to actions taken

3 under this section.

4 SEC. 553. ACCESS TO SECONDARY SCHOOLS FOR MILITARY

5 RECRUITING PURPOSES.

6 (a) REQUIREMENT FOR ACCESS.—Section 503(c) of

7 title 10, United States Code, is amended to read as fol8 lows:

9 ‘‘(c) ACCESS TO SECONDARY SCHOOLS.—(1) Each

10 local educational agency shall provide to the Department

11 of Defense, upon a request made for military recruiting

12 purposes, the same access to secondary school students,

13 and to directory information concerning such students, as

14 is provided generally to post-secondary educational institu15 tions or to prospective employers of those students, except

16 as provided in paragraph (5).

17 ‘‘(2) If a local educational agency denies a request

18 for recruiting access that must be granted under para19 graph (1), the Secretary of the military department for

20 which the request is made shall designate a general or flag

21 officer of the armed force concerned or a senior executive

22 of that military department to visit the local educational

23 agency for the purpose of arranging for recruiting access.

24 The designated officer or senior executive shall make the
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1 visit within 120 days after the date of the denial of the

2 request.

3 ‘‘(3) Upon a determination by the Secretary of De4 fense that, after the actions under paragraph (2) have

5 been taken with respect to a local educational agency, the

6 agency continues to deny recruiting access, the Secretary

7 shall transmit to the Chief Executive of the State in which

8 the local educational agency is located a notification of the

9 denial of access and a request for assistance in obtaining

10 the requested access. The notification shall be transmitted

11 within 60 days after the date of the determination. The

12 Secretary shall provide copies of communications between

13 the Secretary and a Chief Executive under this subpara14 graph to the Secretary of Education.

15 ‘‘(4) If a local educational agency continues to deny

16 recruiting access one year after the date of the transmittal

17 of a notification regarding that agency under paragraph

18 (3), the Secretary shall—

19 ‘‘(A) determine whether the agency denies re20 cruiting access to at least two of the armed forces

21 (other than the Coast Guard when it is not oper22 ating as a service in the Navy); and

23 ‘‘(B) upon making an affirmative determination

24 under subparagraph (A), transmit a notification of

25 the denial of recruiting access to—
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1 ‘‘(i) the Committees on Armed Services of

2 the Senate and the House of Representatives;

3 ‘‘(ii) the Senators of the State in which the

4 local educational agency operates; and

5 ‘‘(iii) the member of the House of Rep6 resentatives who represents the district in which

7 the local educational agency operates.

8 ‘‘(5) The requirements of this subsection do not apply

9 to a local educational agency with respect to access to sec10 ondary school students or access to directory information

11 concerning such students during any period that there is

12 in effect a policy of the agency, established by majority

13 vote of the governing body of the agency, to deny access

14 to the students or to the directory information, respec15 tively, for military recruiting purposes.

16 ‘‘(6) In this subsection:

17 ‘‘(A) The term ‘local educational agency’ in18 cludes a private secondary educational institution.

19 ‘‘(B) The term ‘recruiting access’ means access

20 requested as described in paragraph (1).

21 ‘‘(C) The term ‘senior executive’ has the mean22 ing given that term in section 3132(a)(3) of title 5.

23 ‘‘(D) The term ‘State’ includes the District of

24 Columbia, American Samoa, the Federated States of

25 Micronesia, Guam, the Republic of the Marshall Is-
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1 lands, the Commonwealth of the Northern Mariana

2 Islands, the Commonwealth of Puerto Rico, the Re3 public of Palau, and the United States Virgin Is4 lands.’’.

5 (b) TECHNICAL AMENDMENTS.—Section 503 of title

6 10, United States Code, is amended—

7 (1) in subsection (a), by inserting ‘‘RECRUITING

8 CAMPAIGNS.—’’ after ‘‘(a)’’;

9 (2) in subsection (b), by inserting ‘‘COMPILA10 TION OF DIRECTORY INFORMATION.—’’ after ‘‘(b)’’;

11 and

12 (3) in subsection (c), by inserting ‘‘ACCESS TO

13 SECONDARY SCHOOLS.—’’ after ‘‘(c)’’.

14 (c) EFFECTIVE DATES.—(1) The amendment made

15 by subsection (a) shall take effect on July 1, 2002.

16 (2) The amendments made by subsection (b) shall

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

18 Subtitle E—Military Voting Rights

19 Act of 2000

20 SEC. 561. SHORT TITLE.

21 This subtitle may be cited as the ‘‘Military Voting

22 Rights Act of 2000’’.
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1 SEC. 562. GUARANTEE OF RESIDENCY.

2 Article VII of the Soldiers’ and Sailors’ Civil Relief

3 Act of 1940 (50 U.S.C. 700 et seq.) is amended by adding

4 at the end the following:

5 ‘‘SEC. 704. (a) For purposes of voting for an office

6 of the United States or of a State, a person who is absent

7 from a State in compliance with military or naval orders

8 shall not, solely by reason of that absence—

9 ‘‘(1) be deemed to have lost a residence or

10 domicile in that State;

11 ‘‘(2) be deemed to have acquired a residence or

12 domicile in any other State; or

13 ‘‘(3) be deemed to have become resident in or

14 a resident of any other State.

15 ‘‘(b) In this section, the term ‘State’ includes a terri16 tory or possession of the United States, a political subdivi17 sion of a State, territory, or possession, and the District

18 of Columbia.’’.

19 SEC. 563. STATE RESPONSIBILITY TO GUARANTEE MILI20 TARY VOTING RIGHTS.

21 (a) REGISTRATION AND BALLOTING.—Section 102 of

22 the Uniformed and Overseas Absentee Voting Act (42

23 U.S.C. 1973ff–1) is amended—

24 (1) by inserting ‘‘(a) ELECTIONS FOR FEDERAL

25 OFFICES.—’’ before ‘‘Each State shall—’’; and

26 (2) by adding at the end the following:
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1 ‘‘(b) ELECTIONS FOR STATE AND LOCAL OFFICES.—

2 Each State shall—

3 ‘‘(1) permit absent uniformed services voters to

4 use absentee registration procedures and to vote by

5 absentee ballot in general, special, primary, and run6 off elections for State and local offices; and

7 ‘‘(2) accept and process, with respect to any

8 election described in paragraph (1), any otherwise

9 valid voter registration application from an absent

10 uniformed services voter if the application is received

11 by the appropriate State election official not less

12 than 30 days before the election.’’.

13 (b) CONFORMING AMENDMENT.—The heading for

14 title I of such Act is amended by striking out ‘‘FOR

15 FEDERAL OFFICE’’.

16 Subtitle F—Other Matters

17 SEC. 571. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO

18 CERTAIN SPECIFIED PERSONS.

19 (a) INAPPLICABILITY OF TIME LIMITATIONS.—Not20 withstanding the time limitations in section 3744(b) of

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

22 the President may award the Medal of Honor under sec23 tion 3741 of such title to the persons specified in sub24 section (b) for the acts specified in that subsection, the

25 award of the Medal of Honor to such persons having been
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1 determined by the Secretary of the Army to be warranted

2 in accordance with section 1130 of such title.

3 (b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF

4 HONOR.—The persons referred to in subsection (a) are

5 the following:

6 (1) Ed W. Freeman, for conspicuous acts of

7 gallantry and intrepidity at the risk of his life and

8 beyond the call of duty on November 14, 1965, as

9 flight leader and second-in-command of a helicopter

10 lift unit at landing zone X–Ray in the Battle of the

11 Ia Drang Valley, Republic of Vietnam, during the

12 Vietnam War, while serving in the grade of Captain

13 in Alpha Company, 229th Assault Helicopter Bat14 talion, 101st Cavalry Division (Airmobile).

15 (2) James K. Okubo, for conspicuous acts of

16 gallantry and intrepidity at the risk of his life and

17 beyond the call of duty on October 28 and 29, and

18 November 4, 1944, at Foret Domaniale de Champ,

19 near Biffontaine, France, during World War II,

20 while serving as an Army medic in the grade of

21 Technician Fifth Grade in the medical detachment,

22 442d Regimental Combat Team.

23 (3) Andrew J. Smith, for conspicuous acts of

24 gallantry and intrepidity at the risk of his life and

25 beyond the call of duty on November 30, 1864, in
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1 the Battle of Honey Hill, South Carolina, during the

2 Civil War, while serving as a corporal in the 55th

3 Massachusetts Voluntary Infantry Regiment.

4 (c) POSTHUMOUS AWARD.—The Medal of Honor may

5 be awarded under this section posthumously, as provided

6 in section 3752 of title 10, United States Code.

7 (d) PRIOR AWARD.—The Medal of Honor may be

8 awarded under this section for service for which a Silver

9 Star, or other award, has been awarded.

10 SEC. 572. WAIVER OF TIME LIMITATIONS FOR AWARD OF

11 CERTAIN DECORATIONS TO CERTAIN PER12 SONS.

13 (a) WAIVER.—Any limitation established by law or

14 policy for the time within which a recommendation for the

15 award of a military decoration or award must be sub16 mitted shall not apply to awards of decorations described

17 in this section, the award of each such decoration having

18 been determined by the Secretary concerned to be war19 ranted in accordance with section 1130 of title 10, United

20 States Code.

21 (b) SILVER STAR.—Subsection (a) applies to the

22 award of the Silver Star to Louis Rickler, of Rochester,

23 New York, for gallantry in action from August 18 to No24 vember 18, 1918, while serving as a member of the Army.
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1 (c) DISTINGUISHED FLYING CROSS.—Subsection (a)

2 applies to the award of the Distinguished Flying Cross

3 for service during World War II or Korea (including mul4 tiple awards to the same individual) in the case of each

5 individual concerning whom the Secretary of the Navy (or

6 an officer of the Navy acting on behalf of the Secretary)

7 submitted to the Committee on Armed Services of the

8 House of Representatives and the Committee on Armed

9 Services of the Senate, during the period beginning on Oc10 tober 5, 1999, and ending on the day before the date of

11 the enactment of this Act, a notice as provided in section

12 1130(b) of title 10, United States Code, that the award

13 of the Distinguished Flying Cross to that individual is

14 warranted and that a waiver of time restrictions pre15 scribed by law for recommendation for such award is rec16 ommended.

17 SEC. 573. INELIGIBILITY FOR INVOLUNTARY SEPARATION

18 PAY UPON DECLINATION OF SELECTION FOR

19 CONTINUATION ON ACTIVE DUTY.

20 (a) INELIGIBILITY.—Section 1174(a)(1) of title 10,

21 United States Code, is amended—

22 (1) by inserting ‘‘, 637(a)(4),’’ after ‘‘section

23 630(1)(A)’’; and

24 (2) by inserting ‘‘(except under section

25 580(e)(2))’’ after ‘‘section 580’’.
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1 (b) EFFECTIVE DATE AND APPLICABILITY.—The

2 amendments made by subsection (a) shall take effect on

3 October 1, 2000, and shall apply with respect to dis4 charges and retirements from active duty that take effect

5 under section 580(e)(2) or 637(a)(4) of title 10, United

6 States Code, on or after that date.

7 SEC. 574. RECOGNITION BY STATES OF MILITARY TESTA8 MENTARY INSTRUMENTS.

9 (a) IN GENERAL.—Chapter 53 of title 10, United

10 States Code, is amended by inserting after section 1044c

11 the following new section:

12 ‘‘§ 1044d. Military testamentary instruments: require13 ment for recognition by States

14 ‘‘(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN

15 LEGAL EFFECT.—A military testamentary instrument—

16 ‘‘(1) is exempt from any requirement of form,

17 formality, or recording before probate that is pro18 vided for testamentary instruments under the laws

19 of a State; and

20 ‘‘(2) has the same legal effect as a testa21 mentary instrument prepared and executed in ac22 cordance with the laws of the State in which it is

23 presented for probate.

24 ‘‘(b) MILITARY TESTAMENTARY INSTRUMENTS.—

25 For purposes of this section, a military testamentary in-
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1 strument is an instrument that is prepared with testa2 mentary intent in accordance with regulations prescribed

3 under this section and that—

4 ‘‘(1) is executed in accordance with subsection

5 (c) by (or on behalf of) a person, as a testator, who

6 is eligible for military legal assistance;

7 ‘‘(2) makes a disposition of property of the tes8 tator; and

9 ‘‘(3) takes effect upon the death of the testator.

10 ‘‘(c) REQUIREMENTS FOR EXECUTION OF MILITARY

11 TESTAMENTARY INSTRUMENTS.—An instrument is valid

12 as a military testamentary instrument only if—

13 ‘‘(1) the instrument is executed by the testator

14 (or, if the testator is unable to execute the instru15 ment personally, the instrument is executed in the

16 presence of, by the direction of, and on behalf of the

17 testator);

18 ‘‘(2) the instrument is executed in the presence

19 of a military legal assistance counsel acting as pre20 siding attorney;

21 ‘‘(3) the instrument is executed in the presence

22 of at least two disinterested witnesses (in addition to

23 the presiding attorney), each of whom attests to wit24 nessing the testator’s execution of the instrument by

25 signing it; and
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1 ‘‘(4) the instrument is executed in accordance

2 with such additional requirements as may be pro3 vided in regulations prescribed under this section.

4 ‘‘(d) SELF-PROVING MILITARY TESTAMENTARY IN5 STRUMENTS.—(1) If the document setting forth a military

6 testamentary instrument meets the requirements of para7 graph (2), then the signature of a person on the document

8 as the testator, an attesting witness, a notary, or the pre9 siding attorney, together with a written representation of

10 the person’s status as such and the person’s military grade

11 (if any) or other title, is prima facie evidence of the fol12 lowing:

13 ‘‘(A) That the signature is genuine.

14 ‘‘(B) That the signatory had the represented

15 status and title at the time of the execution of the

16 will.

17 ‘‘(C) That the signature was executed in com18 pliance with the procedures required under the regu19 lations prescribed under subsection (f).

20 ‘‘(2) A document setting forth a military testa21 mentary instrument meets the requirements of this para22 graph if it includes (or has attached to it), in a form and

23 content required under the regulations prescribed under

24 subsection (f), each of the following:
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1 ‘‘(A) A certificate, executed by the testator,

2 that includes the testator’s acknowledgment of the

3 testamentary instrument.

4 ‘‘(B) An affidavit, executed by each witness

5 signing the testamentary instrument, that attests to

6 the circumstances under which the testamentary in7 strument was executed.

8 ‘‘(C) A notarization, including a certificate of

9 any administration of an oath required under the

10 regulations, that is signed by the notary or other of11 ficial administering the oath.

12 ‘‘(e) STATEMENT TO BE INCLUDED.—(1) Under reg13 ulations prescribed under this section, each military testa14 mentary instrument shall contain a statement that sets

15 forth the provisions of subsection (a).

16 ‘‘(2) Paragraph (1) shall not be construed to make

17 inapplicable the provisions of subsection (a) to a testa18 mentary instrument that does not include a statement de19 scribed in that paragraph.

20 ‘‘(f) REGULATIONS.—Regulations for the purposes of

21 this section shall be prescribed jointly by the Secretary

22 of Defense and by the Secretary of Transportation with

23 respect to the Coast Guard when it is not operating as

24 a service in the Department of the Navy.

25 ‘‘(g) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘person eligible for military legal

2 assistance’ means a person who is eligible for legal

3 assistance under section 1044 of this title.

4 ‘‘(2) The term ‘military legal assistance counsel’

5 means—

6 ‘‘(A) a judge advocate (as defined in sec7 tion 801(13) of this title); or

8 ‘‘(B) a civilian attorney serving as a legal

9 assistance officer under the provisions of sec10 tion 1044 of this title.

11 ‘‘(3) The term ‘State’ includes the District of

12 Columbia, the Commonwealth of Puerto Rico, the

13 Commonwealth of the Northern Mariana Islands,

14 and each possession of the United States.’’.

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

16 at the beginning of such chapter is amended by inserting

17 after the item relating to section 1044c the following new

18 item:

‘‘1044d. Military testamentary instruments: requirement for recognition by

States.’’.
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1 SEC. 575. SENSE OF CONGRESS ON THE COURT-MARTIAL

2 CONVICTION OF CAPTAIN CHARLES BUTLER

3 McVAY, COMMANDER OF THE U.S.S. INDIAN4 APOLIS, AND ON THE COURAGEOUS SERVICE

5 OF ITS CREW.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) Shortly after midnight on the morning of

9 July 30, 1945, the United States Navy heavy cruiser

10 U.S.S. Indianapolis (CA–35) was torpedoed and

11 sunk by the Japanese submarine I–58 in what be12 came the worst sea disaster in the history of the

13 United States Navy.

14 (2) Although approximately 900 of the ship’s

15 crew of 1,196 survived the actual sinking, only 316

16 of those courageous sailors survived when rescued

17 after four and a half days adrift in the open sea.

18 (3) Nearly 600 of the approximately 900 men

19 who survived the sinking perished from battle

20 wounds, drowning, predatory shark attacks, expo21 sure to the elements, and lack of food and potable

22 water.

23 (4) Rescue came for the remaining 316 sailors

24 when they were spotted by chance by Navy Lieuten25 ant Wilbur C. Gwinn while flying a routine naval air

26 patrol mission.
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1 (5) After the end of World War II, the com2 manding officer of the U.S.S. Indianapolis, Captain

3 Charles Butler McVay, who was rescued with the

4 other survivors, was court-martialed for ‘‘suffering a

5 vessel to be hazarded through negligence’’ by failing

6 to zigzag (a naval tactic employed to help evade sub7 marine attacks), and was convicted even though—

8 (A) the choice to zigzag was left to Cap9 tain McVay’s discretion in his orders; and

10 (B) Motchisura Hashimoto, the com11 mander of the Japanese submarine that sank

12 the U.S.S. Indianapolis, and Glynn R. Donaho,

13 a United States Navy submarine commander

14 highly decorated for his service during World

15 War II, both testified at Captain McVay’s

16 court-martial trial that the Japanese submarine

17 could have sunk the U.S.S. Indianapolis wheth18 er or not it had been zigzagging, an assertion

19 that the Japanese submarine commander has

20 since reaffirmed in a letter to the Chairman of

21 the Committee on Armed Services of the Sen22 ate.

23 (6) Although not argued by Captain McVay’s

24 defense counsel in the court-martial trial, poor visi25 bility on the night of the sinking (as attested in sur-
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1 viving crew members’ handwritten accounts recently

2 discovered at the National Archives) justified Cap3 tain McVay’s choice not to zigzag as that choice was

4 consistent with the applicable Navy directives in

5 force in 1945, which stated that, ‘‘During thick

6 weather and at night, except on very clear nights or

7 during bright moonlight, vessels normally cease zig8 zagging.’’.

9 (7) Naval officials failed to provide Captain

10 McVay with available support that was critical to the

11 safety of the U.S.S. Indianapolis and its crew on

12 what became its final mission by—

13 (A) disapproving a request made by Cap14 tain McVay for a destroyer escort for the

15 U.S.S. Indianapolis across the Philippine Sea

16 as being ‘‘not necessary’’;

17 (B) not informing Captain McVay that

18 naval intelligence sources, through signal intel19 ligence (the Japanese code having been broken

20 earlier in World War II), had become aware

21 that the Japanese submarine I–58 was oper22 ating in the area of the U.S.S. Indianapolis’

23 course (as disclosed in evidence presented in a

24 hearing of the Committee on Armed Services of

25 the Senate); and
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1 (C) not informing Captain McVay of the

2 sinking of the destroyer escort U.S.S. Underhill

3 by a Japanese submarine within range of the

4 course of the U.S.S. Indianapolis four days be5 fore the U.S.S. Indianapolis departed Guam on

6 its fatal voyage.

7 (8) Captain McVay’s court-martial initially was

8 opposed by his immediate command superiors, Fleet

9 Admiral Chester Nimitz (CINCPAC) and Vice Ad10 miral Raymond Spruance of the 5th fleet, for which

11 the U.S.S. Indianapolis served as flagship, but, de12 spite their recommendations, Secretary of the Navy

13 James Forrestal ordered the court-martial, largely

14 on the basis of the recommendation of Admiral

15 King, Chief of Naval Operations.

16 (9) There is no explanation on the public record

17 for Secretary Forestal’s overruling of the rec18 ommendations made by Admirals Nimitz and

19 Spruance.

20 (10) Captain McVay was the only commander

21 of a United States Navy vessel lost in combat to

22 enemy action during World War II who was sub23 jected to a court-martial trial for such a loss, even

24 though several hundred United States Navy ships
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1 were lost in combat to enemy action during World

2 War II.

3 (11) The survivors of the U.S.S. Indianapolis

4 overwhelmingly conclude that McVay was not at

5 fault and have dedicated their lives to vindicating

6 their Captain, Charles McVay, but time is running

7 out for the 130 remaining members of the crew in

8 their united and steadfast quest to clear their Cap9 tain’s name.

10 (12) Although Captain McVay was promoted to

11 Rear Admiral upon retirement from the Navy, he

12 never recovered from the stigma of his post-war

13 court-martial and in 1968, tragically, took his own

14 life.

15 (13) Captain McVay was a graduate of the

16 United States Naval Academy, was an exemplary ca17 reer naval officer with an outstanding record (in18 cluding participation in the amphibious invasions of

19 North Africa, the assault on Iwo Jima, and the as20 sault on Okinawa where he survived a fierce kami21 kaze attack), was a recipient of the Silver Star

22 earned for courage under fire during the Solomon

23 Islands campaign, and, with his crew, had so thor24 oughly demonstrated proficiency in naval warfare

25 that the Navy entrusted Captain McVay and the
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1 crew with transporting, on their fatal cruise, the

2 components necessary for assembling the atomic

3 bombs that were exploded over Hiroshima and Na4 gasaki to end the war with Japan.

5 (b) SENSE OF CONGRESS.—(1) It is the sense of Con6 gress, on the basis of the facts presented in a public hear7 ing conducted by the Committee on Armed Services of the

8 Senate on September 14, 1999, including evidence not

9 available at the time of Captain Charles Butler McVay’s

10 court-martial, and on the basis of extensive interviews and

11 questioning of witnesses and knowledgeable officials and

12 a review of the record of the court-martial for and in that

13 hearing, that—

14 (A) recognizing that the Secretary of the Navy

15 remitted the sentence of the court-martial and that

16 Admiral Nimitz, as Chief of Naval Operations, re17 stored Captain McVay to active duty, the American

18 people should now recognize Captain McVay’s lack

19 of culpability for the tragic loss of the U.S.S. Indi20 anapolis and the lives of the men who died as a re21 sult of her sinking; and

22 (B) knowing that vital information was not

23 available to the court-martial board and that, as a

24 result, Captain McVay was convicted, Captain
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1 McVay’s military record should now reflect that he

2 is exonerated for the loss of the ship and its crew.

3 (2) It is, further, the sense of Congress that Congress

4 strongly encourages the Secretary of the Navy to award

5 a Navy Unit Commendation to the U.S.S. Indianapolis

6 and its final crew.

7 SEC. 576. SENIOR OFFICERS IN COMMAND IN HAWAII ON

8 DECEMBER 7, 1941.

9 (a) FINDINGS.—Congress makes the following find10 ings:

11 (1) Rear Admiral Husband E. Kimmel, for12 merly the Commander in Chief of the United States

13 Fleet and the Commander in Chief, United States

14 Pacific Fleet, had an excellent and unassailable

15 record throughout his career in the United States

16 Navy prior to the December 7, 1941, attack on

17 Pearl Harbor.

18 (2) Major General Walter C. Short, formerly

19 the Commander of the United States Army Hawai20 ian Department, had an excellent and unassailable

21 record throughout his career in the United States

22 Army prior to the December 7, 1941, attack on

23 Pearl Harbor.

24 (3) Numerous investigations following the at25 tack on Pearl Harbor have documented that Admiral
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1 Kimmel and Lieutenant General Short were not pro2 vided necessary and critical intelligence that was

3 available, that foretold of war with Japan, that

4 warned of imminent attack, and that would have

5 alerted them to prepare for the attack, including

6 such essential communiques as the Japanese Pearl

7 Harbor Bomb Plot message of September 24, 1941,

8 and the message sent from the Imperial Japanese

9 Foreign Ministry to the Japanese Ambassador in the

10 United States from December 6 to 7, 1941, known

11 as the Fourteen-Part Message.

12 (4) On December 16, 1941, Admiral Kimmel

13 and Lieutenant General Short were relieved of their

14 commands and returned to their permanent ranks of

15 rear admiral and major general.

16 (5) Admiral William Harrison Standley, who

17 served as a member of the investigating commission

18 known as the Roberts Commission that accused Ad19 miral Kimmel and Lieutenant General Short of

20 ‘‘dereliction of duty’’ only six weeks after the attack

21 on Pearl Harbor, later disavowed the report main22 taining that ‘‘these two officers were martyred’’ and

23 ‘‘if they had been brought to trial, both would have

24 been cleared of the charge’’.
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1 (6) On October 19, 1944, a Naval Court of In2 quiry exonerated Admiral Kimmel on the grounds

3 that his military decisions and the disposition of his

4 forces at the time of the December 7, 1941, attack

5 on Pearl Harbor were proper ‘‘by virtue of the infor6 mation that Admiral Kimmel had at hand which in7 dicated neither the probability nor the imminence of

8 an air attack on Pearl Harbor’’; criticized the higher

9 command for not sharing with Admiral Kimmel

10 ‘‘during the very critical period of November 26 to

11 December 7, 1941, important information . . . re12 garding the Japanese situation’’; and, concluded

13 that the Japanese attack and its outcome was attrib14 utable to no serious fault on the part of anyone in

15 the naval service.

16 (7) On June 15, 1944, an investigation con17 ducted by Admiral T. C. Hart at the direction of the

18 Secretary of the Navy produced evidence, subse19 quently confirmed, that essential intelligence con20 cerning Japanese intentions and war plans was

21 available in Washington but was not shared with Ad22 miral Kimmel.

23 (8) On October 20, 1944, the Army Pearl Har24 bor Board of Investigation determined that Lieuten25 ant General Short had not been kept ‘‘fully advised
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1 of the growing tenseness of the Japanese situation

2 which indicated an increasing necessity for better

3 preparation for war’’; detailed information and intel4 ligence about Japanese intentions and war plans

5 were available in ‘‘abundance’’ but were not shared

6 with the General Short’s Hawaii command; and

7 General Short was not provided ‘‘on the evening of

8 December 6th and the early morning of December

9 7th, the critical information indicating an almost im10 mediate break with Japan, though there was ample

11 time to have accomplished this’’.

12 (9) The reports by both the Naval Court of In13 quiry and the Army Pearl Harbor Board of Inves14 tigation were kept secret, and Rear Admiral Kimmel

15 and Major General Short were denied their requests

16 to defend themselves through trial by court-martial.

17 (10) The joint committee of Congress that was

18 established to investigate the conduct of Admiral

19 Kimmel and Lieutenant General Short completed, on

20 May 31, 1946, a 1,075-page report which included

21 the conclusions of the committee that the two offi22 cers had not been guilty of dereliction of duty.

23 (11) The then Chief of Naval Personnel, Admi24 ral J. L. Holloway, Jr., on April 27, 1954, rec25 ommended that Admiral Kimmel be advanced in
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1 rank in accordance with the provisions of the Officer

2 Personnel Act of 1947.

3 (12) On November 13, 1991, a majority of the

4 members of the Board for the Correction of Military

5 Records of the Department of the Army found that

6 Lieutenant General Short ‘‘was unjustly held re7 sponsible for the Pearl Harbor disaster’’ and that

8 ‘‘it would be equitable and just’’ to advance him to

9 the rank of lieutenant general on the retired list.

10 (13) In October 1994, the then Chief of Naval

11 Operations, Admiral Carlisle Trost, withdrew his

12 1988 recommendation against the advancement of

13 Admiral Kimmel and recommended that the case of

14 Admiral Kimmel be reopened.

15 (14) Although the Dorn Report, a report on the

16 results of a Department of Defense study that was

17 issued on December 15, 1995, did not provide sup18 port for an advancement of Rear Admiral Kimmel or

19 Major General Short in grade, it did set forth as a

20 conclusion of the study that ‘‘responsibility for the

21 Pearl Harbor disaster should not fall solely on the

22 shoulders of Admiral Kimmel and Lieutenant Gen23 eral Short, it should be broadly shared’’.

24 (15) The Dorn Report found that ‘‘Army and

25 Navy officials in Washington were privy to inter-
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1 cepted Japanese diplomatic communications . . .

2 which provided crucial confirmation of the immi3 nence of war’’; that ‘‘the evidence of the handling of

4 these messages in Washington reveals some inepti5 tude, some unwarranted assumptions and

6 misestimations, limited coordination, ambiguous lan7 guage, and lack of clarification and followup at high8 er levels’’; and, that ‘‘together, these characteristics

9 resulted in failure . . . to appreciate fully and to

10 convey to the commanders in Hawaii the sense of

11 focus and urgency that these intercepts should have

12 engendered’’.

13 (16) On July 21, 1997, Vice Admiral David C.

14 Richardson (United States Navy, retired) responded

15 to the Dorn Report with his own study which con16 firmed findings of the Naval Court of Inquiry and

17 the Army Pearl Harbor Board of Investigation and

18 established, among other facts, that the war effort

19 in 1941 was undermined by a restrictive intelligence

20 distribution policy, and the degree to which the com21 manders of the United States forces in Hawaii were

22 not alerted about the impending attack on Hawaii

23 was directly attributable to the withholding of intel24 ligence from Admiral Kimmel and Lieutenant Gen25 eral Short.
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1 (17) The Officer Personnel Act of 1947, in es2 tablishing a promotion system for the Navy and the

3 Army, provided a legal basis for the President to

4 honor any officer of the Armed Forces of the United

5 States who served his country as a senior com6 mander during World War II with a placement of

7 that officer, with the advice and consent of the Sen8 ate, on the retired list with the highest grade held

9 while on the active duty list.

10 (18) Rear Admiral Kimmel and Major General

11 Short are the only two eligible officers from World

12 War II who were excluded from the list of retired of13 ficers presented for advancement on the retired lists

14 to their highest wartime ranks under the terms of

15 the Officer Personnel Act of 1947.

16 (19) This singular exclusion from advancement

17 on the retired list serves only to perpetuate the myth

18 that the senior commanders in Hawaii were derelict

19 in their duty and responsible for the success of the

20 attack on Pearl Harbor, a distinct and unacceptable

21 expression of dishonor toward two of the finest offi22 cers who have served in the Armed Forces of the

23 United States.

24 (20) Major General Walter Short died on Sep25 tember 23, 1949, and Rear Admiral Husband Kim-
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1 mel died on May 14, 1968, without the honor of

2 having been returned to their wartime ranks as were

3 their fellow veterans of World War II.

4 (21) The Veterans of Foreign Wars, the Pearl

5 Harbor Survivors Association, the Admiral Nimitz

6 Foundation, the Naval Academy Alumni Association,

7 the Retired Officers Association, and the Pearl Har8 bor Commemorative Committee, and other associa9 tions and numerous retired military officers have

10 called for the rehabilitation of the reputations and

11 honor of Admiral Kimmel and Lieutenant General

12 Short through their posthumous advancement on the

13 retired lists to their highest wartime grades.

14 (b) ADVANCEMENT OF REAR ADMIRAL KIMMEL AND

15 MAJOR GENERAL SHORT ON RETIRED LISTS.—(1) The

16 President is requested—

17 (A) to advance the late Rear Admiral Husband

18 E. Kimmel to the grade of admiral on the retired list

19 of the Navy; and

20 (B) to advance the late Major General Walter

21 C. Short to the grade of lieutenant general on the

22 retired list of the Army.

23 (2) Any advancement in grade on a retired list re24 quested under paragraph (1) shall not increase or change

25 the compensation or benefits from the United States to
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1 which any person is now or may in the future be entitled

2 based upon the military service of the officer advanced.

3 (c) SENSE OF CONGRESS REGARDING THE PROFES4 SIONAL PERFORMANCE OF ADMIRAL KIMMEL AND LIEU5 TENANT GENERAL SHORT.—It is the sense of Congress

6 that—

7 (1) the late Rear Admiral Husband E. Kimmel

8 performed his duties as Commander in Chief, United

9 States Pacific Fleet, competently and professionally,

10 and, therefore, the losses incurred by the United

11 States in the attacks on the naval base at Pearl

12 Harbor, Hawaii, and other targets on the island of

13 Oahu, Hawaii, on December 7, 1941, were not a re14 sult of dereliction in the performance of those duties

15 by the then Admiral Kimmel; and

16 (2) the late Major General Walter C. Short per17 formed his duties as Commanding General, Hawai18 ian Department, competently and professionally,

19 and, therefore, the losses incurred by the United

20 States in the attacks on Hickam Army Air Field and

21 Schofield Barracks, Hawaii, and other targets on the

22 island of Oahu, Hawaii, on December 7, 1941, were

23 not a result of dereliction in the performance of

24 those duties by the then Lieutenant General Short.
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1 SEC. 577. VERBATIM RECORDS IN SPECIAL COURTS-MAR2 TIAL.

3 (a) WHEN REQUIRED.—Subsection (c)(1)(B) of sec4 tion 854 of title 10, United States Code (article 54 of the

5 Uniform Code of Military Justice), is amended by insert6 ing after ‘‘bad-conduct discharge’’ the following: ‘‘, con7 finement for more than six months, or forfeiture of pay

8 for more than six months’’.

9 (b) RETROACTIVE EFFECTIVE DATE.—The amend10 ment made by subsection (a) shall take effect as of April

11 1, 2000, and shall apply with respect to charges referred

12 on or after that date to trial by special courts-martial.

13 SEC. 578. MANAGEMENT AND PER DIEM REQUIREMENTS

14 FOR MEMBERS SUBJECT TO LENGTHY OR NU15 MEROUS DEPLOYMENTS.

16 (a) MANAGEMENT OF DEPLOYMENTS OF MEM17 BERS.—Section 586(a) of the National Defense Author18 ization Act for Fiscal Year 2000 (Public Law 106–65; 113

19 Stat. 637) is amended in the text of section 991 of title

20 10, United States Code, set forth in such section 586(a)—

21 (1) in subsection (a), by striking ‘‘an officer in

22 the grade of general or admiral’’ in the second sen23 tence and inserting ‘‘the designated component com24 mander for the member’s armed force’’; and

25 (2) in subsection (b)—
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1 (A) in paragraph (1), by inserting ‘‘or

2 homeport, as the case may’’ before the period at

3 the end;

4 (B) by redesignating paragraphs (2) and

5 (3) as paragraphs (3) and (4), respectively;

6 (C) by inserting after paragraph (1) the

7 following new paragraph (2):

8 ‘‘(2) In the case of a member of a reserve component

9 performing active service, the member shall be considered

10 deployed or in a deployment for the purposes of paragraph

11 (1) on any day on which, pursuant to orders that do not

12 establish a permanent change of station, the member is

13 performing the active service at a location that—

14 ‘‘(A) is not the member’s permanent training

15 site; and

16 ‘‘(B) is—

17 ‘‘(i) at least 100 miles from the member’s

18 permanent residence; or

19 ‘‘(ii) a lesser distance from the member’s

20 permanent residence that, under the cir21 cumstances applicable to the member’s travel, is

22 a distance that requires at least three hours of

23 travel to traverse.’’; and

24 (D) in paragraph (3), as redesignated by

25 subparagraph (B) of this paragraph—
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1 (i) by striking ‘‘or’’ at the end of sub2 paragraph (A);

3 (ii) by striking the period at the end

4 of subparagraph (B) and inserting ‘‘; or’’;

5 and

6 (iii) by adding at the end the fol7 lowing:

8 ‘‘(C) unavailable solely because of—

9 ‘‘(i) a hospitalization of the member at the

10 member’s permanent duty station or homeport

11 or in the immediate vicinity of the member’s

12 permanent residence; or

13 ‘‘(ii) a disciplinary action taken against the

14 member.’’.

15 (b) ASSOCIATED PER DIEM ALLOWANCE.—Section

16 586(b) of that Act (113 Stat. 638) is amended in the text

17 of section 435 of title 37, United States Code, set forth

18 in such section 586(b)—

19 (1) in subsection (a), by striking ‘‘251 days or

20 more out of the preceding 365 days’’ and inserting

21 ‘‘501 or more days out of the preceding 730 days’’;

22 and

23 (2) in subsection (b), by striking ‘‘prescribed

24 under paragraph (3)’’ and inserting ‘‘prescribed

25 under paragraph (4)’’.
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1 (c) REVIEW OF MANAGEMENT OF DEPLOYMENTS OF

2 INDIVIDUAL MEMBERS.— Not later than March 31, 2002,

3 the Secretary of Defense shall submit to the Committees

4 on Armed Services of the Senate and the House of Rep5 resentatives a report on the administration of section 991

6 of title 10, United States Code (as added by section

7 586(a) of the National Defense Authorization Act for Fis8 cal Year 2000), during the first year that such section

9 991 is in effect. The report shall include—

10 (1) a discussion of the experience in tracking

11 and recording the deployments of members of the

12 Armed Forces; and

13 (2) any recommendations for revision of such

14 section 991 that the Secretary considers appropriate.

15 SEC. 579. EXTENSION OF TRICARE MANAGED CARE SUP16 PORT CONTRACTS.

17 (a) AUTHORITY.—Notwithstanding any other provi18 sion of law, the TRICARE managed care support con19 tracts in effect, or in final stages of acquisition as of Sep20 tember 30, 1999, may be extended for four years, subject

21 to subsection (b).

22 (b) CONDITIONS.—Any extension of a contract under

23 paragraph (1)—
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1 (1) may be made only if the Secretary of De2 fense determines that it is in the best interest of the

3 Government to do so; and

4 (2) shall be based on the price in the final best

5 and final offer for the last year of the existing con6 tract as adjusted for inflation and other factors mu7 tually agreed to by the contractor and the Govern8 ment.

9 SEC. 580. PREPARATION, PARTICIPATION, AND CONDUCT

10 OF ATHLETIC COMPETITIONS AND SMALL

11 ARMS COMPETITIONS BY THE NATIONAL

12 GUARD AND MEMBERS OF THE NATIONAL

13 GUARD.

14 (a) PREPARATION AND PARTICIPATION OF MEMBERS

15 GENERALLY.—Subsection (a) of section 504 of title 32,

16 United States Code, is amended—

17 (1) by striking ‘‘or’’ at the end of paragraph

18 (2);

19 (2) in paragraph (3)—

20 (A) by inserting ‘‘prepare for and’’ before

21 ‘‘participate’’; and

22 (B) by striking the period at the end and

23 inserting ‘‘; or’’; and

24 (3) by adding at the end the following:
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1 ‘‘(4) prepare for and participate in qualifying

2 athletic competitions.’’.

3 (b) CONDUCT OF COMPETITIONS.—That section is

4 further amended by adding at the end the following new

5 subsection:

6 ‘‘(c)(1) Units of the National Guard may conduct

7 small arms competitions and athletic competitions in con8 junction with training required under this chapter if such

9 activities would meet the requirements set forth in para10 graphs (1), (3), and (4) of section 508(a) of this title if

11 such activities were services to be provided under that sec12 tion.

13 ‘‘(2) Facilities and equipment of the National Guard,

14 including military property and vehicles described in sec15 tion 508(c) of this title, may be used in connection with

16 activities under paragraph (1).’’.

17 (c) AVAILABILITY OF FUNDS.—That section is fur18 ther amended by adding at the end the following new sub19 section:

20 ‘‘(d) Subject to provisions of appropriations Acts,

21 amounts appropriated for the National Guard may be

22 used in order to cover the costs of activities under sub23 section (c) and of expenses of members of the National

24 Guard under paragraphs (3) and (4) of subsection (a), in25 cluding expenses of attendance and participation fees,
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1 travel, per diem, clothing, equipment, and related ex2 penses.’’.

3 (d) QUALIFYING ATHLETIC COMPETITIONS DE4 FINED.—That section is further amended by adding at the

5 end the following new subsection:

6 ‘‘(e) In this section, the term ‘qualifying athletic com7 petition’ means a competition in athletic events that re8 quire skills relevant to military duties or involve aspects

9 of physical fitness that are evaluated by the armed forces

10 in determining whether a member of the National Guard

11 is fit for military duty.’’.

12 (e) CONFORMING AND CLERICAL AMENDMENTS.—

13 (1) The section heading of such section is amended to read

14 as follows:

15 ‘‘§ 504. National Guard schools; small arms competi16 tions; athletic competitions’’.

17 (2) The table of sections at the beginning of chapter

18 5 of that title is amended by striking the item relating

19 to section 504 and inserting the following new item:

‘‘504. National Guard schools; small arms competitions; athletic competitions.’’.

20 TITLE VI—COMPENSATION AND

21 OTHER PERSONNEL BENEFITS

22 Subtitle A—Pay and Allowances

23 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.

24 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The

25 adjustment to become effective during fiscal year 2001 re-
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1 quired by section 1009 of title 37, United States Code,

2 in the rates of monthly basic pay authorized members of

3 the uniformed services shall not be made.

4 (b) INCREASE IN BASIC PAY.—Effective on January

5 1, 2001, the rates of monthly basic pay for members of

6 the uniformed services are increased by 3.7 percent.

7 SEC. 602. CORRECTIONS FOR BASIC PAY TABLES.

8 Section 601(c) of the National Defense Authorization

9 Act for Fiscal Year 2000 (Public Law 106–65) is

10 amended—

11 (1) in footnote 2 under the first table (113

12 Stat. 646), relating to commissioned officers, by

13 striking ‘‘$12,441.00’’ and inserting ‘‘$12,488.70’’;

14 and

15 (2) in footnote 2 under the fourth table (113

16 Stat. 648), relating to enlisted members, by striking

17 ‘‘$4,701.00’’ and inserting ‘‘$4,719.00’’.

18 SEC. 603. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HON19 ORS DUTY.

20 (a) COMPENSATION AT RATE FOR INACTIVE-DUTY

21 TRAINING.—(1) Section 115(b)(2) of title 32, United

22 States Code, is amended to read as follows:

23 ‘‘(2) as directed by the Secretary concerned,

24 either—
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1 ‘‘(A) the allowance under section 435 of

2 title 37; or

3 ‘‘(B) compensation under section 206 of

4 title 37.’’.

5 (2) Section 12503(b)(2) of title 10, United States

6 Code, is amended to read as follows:

7 ‘‘(2) as directed by the Secretary concerned,

8 either—

9 ‘‘(A) the allowance under section 435 of

10 title 37; or

11 ‘‘(B) compensation under section 206 of

12 title 37.’’.

13 (b) CONFORMING REPEAL.—Section 435 of title 37,

14 United States Code, is amended by striking subsection (c).

15 (c) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall take effect on October

17 1, 2000, and shall apply with respect to months beginning

18 on or after that date.

19 SEC. 604. CLARIFICATION OF SERVICE EXCLUDED IN COM20 PUTATION OF CREDITABLE SERVICE AS A

21 MARINE CORPS OFFICER.

22 (a) SERVICE AS RESERVE ENLISTED MEMBER IN

23 PLATOON LEADERS CLASS.—Section 205(f) of title 37,

24 United States Code, is amended by striking ‘‘that the offi25 cer performed concurrently as a member’’ and inserting
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1 ‘‘that the officer performed concurrently as an enlisted

2 member’’.

3 (b) CORRECTION OF REFERENCE.—Such section

4 205(f) is further amended by striking ‘‘section 12209’’

5 and inserting ‘‘section 12203’’.

6 SEC. 605. CALCULATION OF BASIC ALLOWANCE FOR HOUS7 ING.

8 (a) RATES.—Subsection (b) of section 403 of title 37,

9 United States Code, is amended—

10 (1) by striking paragraph (2);

11 (2) by redesignating paragraph (1) as para12 graph (2);

13 (3) by inserting after ‘‘(b) BASIC ALLOWANCE

14 FOR HOUSING INSIDE THE UNITED STATES.—’’ the

15 following: ‘‘(1) The Secretary of Defense shall pre16 scribe the rates of the basic allowance for housing

17 that are applicable for the various military housing

18 areas in the United States. The rates for an area

19 shall be based on the costs of adequate housing de20 termined for the area under paragraph (2).’’; and

21 (4) in paragraph (6), by striking ‘‘, changes in

22 the national average monthly cost of housing,’’.

23 (b) REPEAL OF LIMITATION ON TOTAL PAY24 MENTS.—Subsection (b) of such section is further

25 amended—
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1 (1) by striking paragraphs (3) and (5); and

2 (2) by redesignating paragraphs (4), (6), and

3 (7) as paragraphs (3), (4), and (5), respectively.

4 SEC. 606. ELIGIBILITY OF MEMBERS IN GRADE E–4 TO RE5 CEIVE BASIC ALLOWANCE FOR HOUSING

6 WHILE ON SEA DUTY.

7 (a) PAYMENT AUTHORIZED.—Subsection (f)(2)(B) of

8 section 403 of title 37, United States Code, is amended—

9 (1) by striking ‘‘E–5’’ in the first sentence and

10 inserting ‘‘E–4 or E–5’’; and

11 (2) by striking ‘‘grade E–5’’ in the second sen12 tence and inserting ‘‘grades E–4 and E–5’’.

13 (b) CONFORMING AMENDMENT.—Subsection

14 (m)(1)(B) of such section is amended by striking ‘‘E–4’’

15 and inserting ‘‘E–3’’.

16 SEC. 607. PERSONAL MONEY ALLOWANCE FOR THE SENIOR

17 ENLISTED MEMBERS OF THE ARMED

18 FORCES.

19 (a) AUTHORITY.—Section 414 of title 37, United

20 States Code, is amended by adding at the end the fol21 lowing:

22 ‘‘(c) In addition to other pay or allowances authorized

23 by this title, a noncommissioned officer is entitled to a

24 personal money allowance of $2,000 a year while serving

25 as the Sergeant Major of the Army, the Master Chief
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1 Petty Officer of the Navy, the Chief Master Sergeant of

2 the Air Force, the Sergeant Major of the Marine Corps,

3 or the Master Chief Petty Officer of the Coast Guard.’’.

4 (b) EFFECTIVE DATE.—This section and the amend5 ment made by this section shall take effect on October

6 1, 2000.

7 SEC. 608. INCREASED UNIFORM ALLOWANCES FOR OFFI8 CERS.

9 (a) INITIAL ALLOWANCE.—Section 415(a) of title 37,

10 United States Code, is amended by striking ‘‘$200’’ and

11 inserting ‘‘$400’’.

12 (b) ADDITIONAL ALLOWANCE.—Section 416(a) of

13 such title is amended by striking ‘‘$100’’ and inserting

14 ‘‘$200’’.

15 (c) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall take effect on October

17 1, 2000.

18 SEC. 609. CABINET-LEVEL AUTHORITY TO PRESCRIBE RE19 QUIREMENTS AND ALLOWANCE FOR CLOTH20 ING OF ENLISTED MEMBERS.

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

22 amended—

23 (1) in subsection (a), by striking ‘‘The Presi24 dent’’ and inserting ‘‘The Secretary of Defense and

25 the Secretary of Transportation, with respect to the
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1 Coast Guard when it is not operating as a service

2 in the Navy,’’; and

3 (2) in subsection (b), by striking ‘‘the Presi4 dent’’ and inserting ‘‘the Secretary of Defense’’.

5 SEC. 610. SPECIAL SUBSISTENCE ALLOWANCE FOR MEM6 BERS ELIGIBLE TO RECEIVE FOOD STAMP AS7 SISTANCE.

8 (a) ALLOWANCE.—(1) Chapter 7 of title 37, United

9 States Code, is amended by inserting after section 402 the

10 following new section:

11 ‘‘§ 402a. Special subsistence allowance

12 ‘‘(a) ENTITLEMENT.—(1) Upon the application of an

13 eligible member of a uniformed service described in sub14 section (b), the Secretary concerned shall pay the member

15 a special subsistence allowance for each month for which

16 the member is eligible to receive food stamp assistance.

17 ‘‘(2) In determining the eligibility of a member to re18 ceive food stamp assistance for purposes of this section,

19 the amount of any special subsistence allowance paid the

20 member under this section shall not be taken into account.

21 ‘‘(b) COVERED MEMBERS.—An enlisted member re22 ferred to in subsection (a) is an enlisted member in pay

23 grade E–5 or below.

24 ‘‘(c) TERMINATION OF ENTITLEMENT.—The entitle25 ment of a member to receive payment of a special subsist-
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1 ence allowance terminates upon the occurrence of any of

2 the following events:

3 ‘‘(1) Termination of eligibility for food stamp

4 assistance.

5 ‘‘(2) Payment of the special subsistence allow6 ance for 12 consecutive months.

7 ‘‘(3) Promotion of the member to a higher

8 grade.

9 ‘‘(4) Transfer of the member in a permanent

10 change of station.

11 ‘‘(d) REESTABLISHED ENTITLEMENT.—(1) After a

12 termination of a member’s entitlement to the special sub13 sistence allowance under subsection (c), the Secretary con14 cerned shall resume payment of the special subsistence al15 lowance to the member if the Secretary determines, upon

16 further application of the member, that the member is eli17 gible to receive food stamps.

18 ‘‘(2) Payments resumed under this subsection shall

19 terminate under subsection (c) upon the occurrence of an

20 event described in that subsection after the resumption of

21 the payments.

22 ‘‘(3) The number of times that payments are resumed

23 under this subsection is unlimited.

24 ‘‘(e) DOCUMENTATION OF ELIGIBILITY.—A member

25 of the uniformed services applying for the special subsist-
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1 ence allowance under this section shall furnish the Sec2 retary concerned with such evidence of the member’s eligi3 bility for food stamp assistance as the Secretary may re4 quire in connection with the application.

5 ‘‘(f) AMOUNT OF ALLOWANCE.—The monthly

6 amount of the special subsistence allowance under this

7 section is $180.

8 ‘‘(g) RELATIONSHIP TO BASIC ALLOWANCE FOR

9 SUBSISTENCE.—The special subsistence allowance under

10 this section is in addition to the basic allowance for sub11 sistence under section 402 of this title.

12 ‘‘(h) FOOD STAMP ASSISTANCE DEFINED.—In this

13 section, the term ‘food stamp assistance’ means assistance

14 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et

15 seq.).

16 ‘‘(i) TERMINATION OF AUTHORITY.—No special sub17 sistence allowance may be made under this section for any

18 month beginning after September 30, 2005.’’.

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

20 chapter is amended by inserting after the item relating

21 to section 402 the following:

‘‘402a. Special subsistence allowance.’’.

22 (b) EFFECTIVE DATE.—Section 402a of title 37,

23 United States Code, shall take effect on the first day of

24 the first month that begins on or after the date of the

25 enactment of this Act.
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1 (c) ANNUAL REPORT.—(1) Not later than March 1

2 of each year after 2000, the Comptroller General of the

3 United States shall submit to Congress a report setting

4 forth the number of members of the uniformed services

5 who are eligible for assistance under the Food Stamp Act

6 of 1977 (7 U.S.C. 2011 et seq.).

7 (2) In preparing the report, the Comptroller General

8 shall consult with the Secretary of Defense, the Secretary

9 of Transportation (with respect to the Coast Guard), the

10 Secretary of Health and Human Services (with respect to

11 the commissioned corps of the Public Health Service), and

12 the Secretary of Commerce (with respect to the commis13 sioned officers of the National Oceanic and Atmospheric

14 Administration), who shall provide the Comptroller Gen15 eral with any information that the Comptroller General

16 determines necessary to prepare the report.

17 (3) No report is required under this subsection after

18 March 1, 2005.

19 SEC. 610A. RESTRUCTURING OF BASIC PAY TABLES FOR

20 CERTAIN ENLISTED MEMBERS.

21 (a) IN GENERAL.—The table under the heading

22 ‘‘ENLISTED MEMBERS’’ in section 601(c) of the Na23 tional Defense Authorization Act for Fiscal Year 2000

24 (Public Law 105–65; 113 Stat. 648) is amended by strik25 ing the amounts relating to pay grades E–7, E–6, and
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1 E–5 and inserting the amounts for the corresponding

2 years of service specified in the following table:

ENLISTED MEMBERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–7 ... 1,765.80 1,927.80 2,001.00 2,073.00 2,148.60

E–6 ... 1,518.90 1,678.20 1,752.60 1,824.30 1,899.40

E–5 ... 1,332.60 1,494.00 1,566.00 1,640.40 1,715.70

Over 8 Over 10 Over 12 Over 14 Over 16

E–7 ... 2,277.80 2,350.70 2,423.20 2,495.90 2,570.90

E–6 ... 2,022.60 2,096.40 2,168.60 2,241.90 2,294.80

E–5 ... 1,821.00 1,893.00 1,967.10 1,967.60 1,967.60

Over 18 Over 20 Over 22 Over 24 Over 26

E–7 ... 2,644.20 2,717.50 2,844.40 2,926.40 3,134.40

E–6 ... 2,332.00 2,332.00 2,335.00 2,335.00 2,335.00

E–5 ... 1,967.60 1,967.60 1,967.60 1,967.60 1,967.60

3 (b) APPLICATION OF AMENDMENTS.—The amend4 ments made by subsection (a) shall take effect as of Octo5 ber 1, 2000, and shall apply with respect to months begin6 ning on or after that date.

7 SEC. 610B. BASIC ALLOWANCE FOR HOUSING.

8 (a) APPLICABILITY OF LOW-COST AND NO-COST RE9 ASSIGNMENTS TO MEMBERS WITH DEPENDENTS.—Sub10 section (b)(7) of section 403 of title 37, United States

11 Code, is amended by striking ‘‘without dependents’’.

12 (b) ALLOWANCE WHEN DEPENDENTS ARE UNABLE

13 TO ACCOMPANY MEMBERS.—Subsection (d) of such sec14 tion is amended by striking paragraph (3) and inserting

15 the following:
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1 ‘‘(3) In the case of a member with dependents who

2 is assigned to duty in an area that is different from the

3 area in which the member’s dependents reside—

4 ‘‘(A) the member shall receive a basic allowance

5 for housing as provided in subsection (b) or (c), as

6 appropriate;

7 ‘‘(B) if the member is assigned to duty in an

8 area or under circumstances that, as determined by

9 the Secretary concerned, require the member’s de10 pendents to reside in a different area, the member

11 shall receive a basic allowance for housing as if the

12 member were assigned to duty in the area in which

13 the dependents reside or at the member’s last duty

14 station, whichever the Secretary concerned deter15 mines to be equitable; or

16 ‘‘(C) if the member is assigned to duty in that

17 area under the conditions of low-cost or no-cost per18 manent change of station or permanent change of

19 assignment and the Secretary concerned determines

20 that it would be inequitable to base the member’s

21 entitlement to, and amount of, a basic allowance for

22 housing on the cost of housing in the area to which

23 the member is reassigned, the member shall receive

24 a basic allowance for housing as if the member were

25 assigned to duty at the member’s last duty station.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 subsections (a) and (b) shall take effect on October 1,

3 2000, and shall apply with respect to pay periods begin4 ning on and after that date.

5 Subtitle B—Bonuses and Special

6 and Incentive Pays

7 SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL

8 PAY AUTHORITIES FOR RESERVE FORCES.

9 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

10 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

11 302g(f) of title 37, United States Code, is amended by

12 striking ‘‘December 31, 2000’’ and inserting ‘‘December

13 31, 2001’’.

14 (b) SELECTED RESERVE REENLISTMENT BONUS.—

15 Section 308b(f) of such title is amended by striking ‘‘De16 cember 31, 2000’’ and inserting ‘‘December 31, 2001’’.

17 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec18 tion 308c(e) of such title is amended by striking ‘‘Decem19 ber 31, 2000’’ and inserting ‘‘December 31, 2001’’.

20 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS21 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

22 308d(c) of such title is amended by striking ‘‘December

23 31, 2000’’ and inserting ‘‘December 31, 2001’’.
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1 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec2 tion 308e(e) of such title is amended by striking ‘‘Decem3 ber 31, 2000’’ and inserting ‘‘December 31, 2001’’.

4 (f) READY RESERVE ENLISTMENT AND REENLIST5 MENT BONUS.—Section 308h(g) of such title is amended

6 by striking ‘‘December 31, 2000’’ and inserting ‘‘Decem7 ber 31, 2001’’.

8 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

9 308i(f) of such title is amended by striking ‘‘December

10 31, 2000’’ and inserting ‘‘December 31, 2001’’.

11 (h) REPAYMENT OF EDUCATION LOANS FOR CER12 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE13 LECTED RESERVE.—Section 16302(d) of title 10, United

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

15 and inserting ‘‘January 1, 2002’’.

16 SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL

17 PAY AUTHORITIES FOR NURSE OFFICER CAN18 DIDATES, REGISTERED NURSES, AND NURSE

19 ANESTHETISTS.

20 (a) NURSE OFFICER CANDIDATE ACCESSION PRO21 GRAM.—Section 2130a(a)(1) of title 10, United States

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

23 inserting ‘‘December 31, 2001’’.

24 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

25 Section 302d(a)(1) of title 37, United States Code, is
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1 amended by striking ‘‘December 31, 2000’’ and inserting

2 ‘‘December 31, 2001’’.

3 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES4 THETISTS.—Section 302e(a)(1) of title 37, United States

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

6 inserting ‘‘December 31, 2001’’.

7 SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAY8 MENT OF OTHER BONUSES AND SPECIAL

9 PAYS.

10 (a) AVIATION OFFICER RETENTION BONUS.—Sec11 tion 301b(a) of title 37, United States Code, is amended

12 by striking ‘‘December 31, 2000,’’ and inserting ‘‘Decem13 ber 31, 2001,’’.

14 (b) REENLISTMENT BONUS FOR ACTIVE MEM15 BERS.—Section 308(g) of such title is amended by strik16 ing ‘‘December 31, 2000’’ and inserting ‘‘December 31,

17 2001’’.

18 (c) ENLISTMENT BONUS FOR PERSONS WITH CRIT19 ICAL SKILLS.—Section 308a(d) of such title is amended

20 by striking ‘‘December 31, 2000’’ and inserting ‘‘Decem21 ber 31, 2001’’.

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

23 such title is amended by striking ‘‘December 31, 2000’’

24 and inserting ‘‘December 31, 2001’’.
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1 (e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI2 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

3 312(e) of such title is amended by striking ‘‘December 31,

4 2000’’ and inserting ‘‘December 31, 2001’’.

5 (f) NUCLEAR CAREER ACCESSION BONUS.—Section

6 312b(c) of such title is amended by striking ‘‘December

7 31, 2000’’ and inserting ‘‘December 31, 2001’’.

8 (g) NUCLEAR CAREER ANNUAL INCENTIVE

9 BONUS.—Section 312c(d) of such title is amended by

10 striking ‘‘December 31, 2000’’ and inserting ‘‘December

11 31, 2001’’.

12 SEC. 614. CONSISTENCY OF AUTHORITIES FOR SPECIAL

13 PAY FOR RESERVE MEDICAL AND DENTAL

14 OFFICERS.

15 (a) RESERVE MEDICAL OFFICERS SPECIAL PAY.—

16 Section 302(h)(1) of title 37, United States Code, is

17 amended by adding at the end: ‘‘, including active duty

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

19 and active duty for special work’’.

20 (b) RESERVE DENTAL OFFICERS SPECIAL PAY

21 AMENDMENT.—Subsection (d) of section 302f of title 37,

22 United States Code, is amended to read as follows:

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

24 DENTAL OFFICERS.—While a Reserve medical or dental

25 officer receives a special pay under section 302 or 302b
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1 of this title by reason of subsection (a), the officer shall

2 not be entitled to special pay under section 302(h) or

3 302b(h) of this title.’’.

4 SEC. 615. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF

5 THE COAST GUARD.

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

7 is amended by inserting after ‘‘nurse,’’ the following: ‘‘an

8 officer of the Coast Guard or Coast Guard Reserve des9 ignated as a physician assistant,’’.

10 SEC. 616. AUTHORIZATION OF SPECIAL PAY AND ACCES11 SION BONUS FOR PHARMACY OFFICERS.

12 (a) AUTHORIZATION OF SPECIAL PAY.—Chapter 5 of

13 title 37, United States Code, is amended by inserting after

14 section 302h the following new section:

15 ‘‘§ 302i. Special pay: pharmacy officers

16 ‘‘(a) ARMY, NAVY, AND AIR FORCE PHARMACY OFFI17 CERS.—Under regulations prescribed pursuant to section

18 303a of this title, the Secretary of the military department

19 concerned may, subject to subsection (c), pay special pay

20 at the rates specified in subsection (d) to an officer who—

21 ‘‘(1) is a pharmacy officer in the Medical Serv22 ice Corps of the Army or Navy or the Biomedical

23 Sciences Corps of the Air Force; and

24 ‘‘(2) is on active duty under a call or order to

25 active duty for a period of not less than one year.
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1 ‘‘(b) PUBLIC HEALTH SERVICE CORPS.—Subject to

2 subsection (c), the Secretary of Health and Human Serv3 ices may pay special pay at the rates specified in sub4 section (d) to an officer who—

5 ‘‘(1) is an officer in the Regular or Reserve

6 Corps of the Public Health Service and is designated

7 as a pharmacy officer; and

8 ‘‘(2) is on active duty under a call or order to

9 active duty for a period of not less than one year.

10 ‘‘(c) LIMITATION.—Special pay may not be paid

11 under this section to an officer serving in a pay grade

12 above pay grade O–6.

13 ‘‘(d) RATE OF SPECIAL PAY.—The rate of special pay

14 paid to an officer subsection (a) or (b) is as follows:

15 ‘‘(1) $3,000 per year, if the officer is under16 going pharmacy internship training or has less than

17 3 years of creditable service.

18 ‘‘(2) $7,000 per year, if the officer has at least

19 3 but less than 6 years of creditable service and is

20 not undergoing pharmacy internship training.

21 ‘‘(3) $7,000 per year, if the officer has at least

22 6 but less than 8 years of creditable service.

23 ‘‘(4) $12,000 per year, if the officer has at least

24 8 but less than 12 years of creditable service.
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1 ‘‘(5) $10,000 per year, if the officer has at least

2 12 but less than 14 years of creditable service.

3 ‘‘(6) $9,000 per year, if the officer has at least

4 14 but less than 18 years of creditable service.

5 ‘‘(7) $8,000 per year, if the officer has 18 or

6 more years of creditable service.’’.

7 (b) AUTHORIZATION OF ACCESSION BONUSES.—

8 Chapter 5 of that title is further amended by inserting

9 after section 302i, as added by subsection (a) of this sec10 tion, the following new section:

11 ‘‘§ 302j. Special pay: accession bonus for pharmacy of12 ficers

13 ‘‘(a) ACCESSION BONUS AUTHORIZED.—A person

14 who is a graduate of an accredited pharmacy school and

15 who, during the period beginning on the date of the enact16 ment of the National Defense Authorization Act for Fiscal

17 Year 2001 and ending on September 30, 2004, executes

18 a written agreement described in subsection (c) to accept

19 a commission as an officer of a uniformed service and re20 main on active duty for a period of not less than 4 years

21 may, upon acceptance of the agreement by the Secretary

22 concerned, be paid an accession bonus in an amount deter23 mined by the Secretary concerned.
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1 ‘‘(b) LIMITATION ON AMOUNT OF BONUS.—The

2 amount of an accession bonus under subsection (a) may

3 not exceed $30,000.

4 ‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A

5 person may not be paid a bonus under subsection (a) if—

6 ‘‘(1) the person, in exchange for an agreement

7 to accept an appointment as a warrant or commis8 sioned officer, received financial assistance from the

9 Department of Defense or the Department of Health

10 and Human Services to pursue a course of study in

11 pharmacy; or

12 ‘‘(2) the Secretary concerned determines that

13 the person is not qualified to become and remain li14 censed as a pharmacist.

15 ‘‘(d) AGREEMENT.—The agreement referred to in

16 subsection (a) shall provide that, consistent with the needs

17 of the uniformed service concerned, the person executing

18 the agreement shall be assigned to duty, for the period

19 of obligated service covered by the agreement, as a phar20 macy officer in the Medical Service Corps of the Army

21 or Navy, a biomedical sciences officer in the Air Force

22 designated as a pharmacy officer, or a pharmacy officer

23 of the Public Health Service.

24 ‘‘(e) REPAYMENT.—(1) An officer who receives a pay25 ment under subsection (a) and who fails to become and
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1 remain licensed as a pharmacist during the period for

2 which the payment is made shall refund to the United

3 States an amount equal to the full amount of such pay4 ment.

5 ‘‘(2) An officer who voluntarily terminates service on

6 active duty before the end of the period agreed to be

7 served under subsection (a) shall refund to the United

8 States an amount that bears the same ratio to the amount

9 paid to the officer as the unserved part of such period

10 bears to the total period agreed to be served.

11 ‘‘(3) An obligation to reimburse the United States

12 under paragraph (1) or (2) is for all purposes a debt owed

13 to the United States.

14 ‘‘(4) A discharge in bankruptcy under title 11 that

15 is entered less than 5 years after the termination of an

16 agreement under this section does not discharge the per17 son signing such agreement from a debt arising under

18 such agreement or this subsection. This paragraph applies

19 to any case commenced under title 11 after the date of

20 the enactment of the National Defense Authorization Act

21 for Fiscal Year 2001.’’.

22 (c) ADMINISTRATION.—Section 303a of title 37,

23 United States Code, is amended by striking ‘‘302h’’ each

24 place it appears and inserting ‘‘302j’’.
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1 (d) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 5 of such title is amended by

3 inserting after the item relating to section 302h the fol4 lowing new items:

‘‘302i. Special pay: pharmacy officers.

‘‘302j. Special pay: accession bonus for pharmacy officers.’’.

5 SEC. 617. CORRECTION OF REFERENCES TO AIR FORCE

6 VETERINARIANS.

7 Section 303(a) of title 37, United States Code, is

8 amended—

9 (1) in paragraph (1)(B), by striking ‘‘who is

10 designated as a veterinary officer’’ and inserting

11 ‘‘who is an officer in the Biomedical Sciences Corps

12 and holds a degree in veterinary medicine’’; and

13 (2) in paragraph (2), by striking subparagraph

14 (B) and inserting the following:

15 ‘‘(B) of a reserve component of the Air

16 Force, of the Army or the Air Force without

17 specification of component, or of the National

18 Guard, who—

19 ‘‘(i) is designated as a veterinary offi20 cer; or

21 ‘‘(ii) is an officer in the Biomedical

22 Sciences Corps of the Air Force and holds

23 a degree in veterinary medicine; or’’.
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1 SEC. 618. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF

2 THE PUBLIC HEALTH SERVICE CORPS TO

3 SPECIAL PAYS AND BONUSES OF HEALTH

4 PROFESSIONAL OFFICERS OF THE ARMED

5 FORCES.

6 (a) IN GENERAL.—Section 303a of title 37, United

7 States Code, is amended—

8 (1) by redesignating subsections (b) and (c) as

9 subsections (c) and (d); and

10 (2) by inserting after subsection (a) the fol11 lowing new subsection (b):

12 ‘‘(b)(1) Except as provided in paragraph (2) or as

13 otherwise provided under a provision of this chapter, com14 missioned officers in the Regular or Reserve Corps of the

15 Public Health Service shall be entitled to special pay under

16 the provisions of this chapter in the same amounts, and

17 under the same terms and conditions, as commissioned of18 ficers of the armed forces are entitled to special pay under

19 the provisions of this chapter.

20 ‘‘(2) A commissioned medical officer in the Regular

21 or Reserve Corps of the Public Health Service (other than

22 an officer serving in the Indian Health Service) may not

23 receive additional special pay under section 302(a)(4) of

24 this title for any period during which the officer is pro25 viding obligated service under the following provisions of

26 law:
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1 ‘‘(A) Section 338B of the Public Health Service

2 Act (42 U.S.C. 254l–1).

3 ‘‘(B) Section 225(e) of the Public Health Serv4 ice Act, as that section was in effect before 1, 1977.

5 ‘‘(C) Section 752 of the Public Health Service

6 Act, as that section was in effect between October

7 1, 1977, and August 13, 1981.’’.

8 (b) REPEAL OF SUPERSEDED PROVISIONS.—Section

9 208(a) of the Public Health Service Act (42 U.S.C.

10 210(a)) is amended—

11 (1) by striking paragraphs (2) and (3); and

12 (2) by inserting after paragraph (1) the fol13 lowing new paragraph (2):

14 ‘‘(2) For provisions relating to the receipt of special

15 pay by commissioned officers of the Regular and Reserve

16 Corps while on active duty, see section 303a(b) of title

17 37, United States Code.’’.

18 SEC. 619. CAREER SEA PAY.

19 (a) REFORM OF AUTHORITIES.—Section 305a of title

20 37, United States Code, is amended—

21 (1) in subsection (a), by striking ‘‘Under regu22 lations prescribed by the President, a member’’ and

23 inserting ‘‘A member’’;

24 (2) by redesignating subsection (d) as sub25 section (e); and
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1 (3) by striking subsections (b) and (c) and in2 serting the following:

3 ‘‘(b) The Secretary concerned shall prescribe the

4 monthly rates for special pay applicable to members of

5 each armed force under the Secretary’s jurisdiction. No

6 monthly rate may exceed $750.

7 ‘‘(c) A member of a uniformed service entitled to ca8 reer sea pay under this section who has served 36 consecu9 tive months of sea duty is also entitled to a career sea

10 pay premium for the thirty-seventh consecutive month and

11 each subsequent consecutive month of sea duty served by

12 such member. The monthly amount of the premium shall

13 be prescribed by the Secretary concerned, but may not ex14 ceed $350.

15 ‘‘(d) The Secretary concerned shall prescribe regula16 tions for the administration of this section for the armed

17 force or armed forces under the jurisdiction of the Sec18 retary. The entitlements under this section shall be subject

19 to the regulations.’’.

20 (b) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect on October 1, 2000, and shall

22 apply with respect to months beginning on or after that

23 date.
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1 SEC. 620. INCREASED MAXIMUM RATE OF SPECIAL DUTY

2 ASSIGNMENT PAY.

3 Section 307(a) of title 37, United States Code, is

4 amended—

5 (1) by striking ‘‘$275’’ and inserting ‘‘$600’’;

6 and

7 (2) by striking the second sentence.

8 SEC. 621. EXPANSION OF APPLICABILITY OF AUTHORITY

9 FOR CRITICAL SKILLS ENLISTMENT BONUS

10 TO INCLUDE ALL ARMED FORCES.

11 (a) EXPANSION OF AUTHORITY.—Section 308f of

12 title 37, United States Code, is amended—

13 (1) by striking ‘‘Secretary of the Army’’ each

14 place it appears and inserting ‘‘Secretary con15 cerned’’; and

16 (2) by striking ‘‘the Army’’ in subsections

17 (a)(3) and (c) and inserting ‘‘an armed force’’.

18 (b) CONFORMING AMENDMENT.—The heading for

19 such section is amended to read as follows:

20 ‘‘§ 308f. Special pay: bonus for enlistment’’.

21 (c) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 5 of title 37, United States

23 Code, is amended by striking the item relating to section

24 308f and inserting the following:

‘‘308f. Special pay: bonus for enlistment.’’.
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1 (d) 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 months beginning

4 on or after that date.

5 SEC. 622. ENTITLEMENT OF MEMBERS OF THE NATIONAL

6 GUARD AND OTHER RESERVES NOT ON AC7 TIVE DUTY TO RECEIVE SPECIAL DUTY AS8 SIGNMENT PAY.

9 (a) AUTHORITY.—Section 307(a) of title 37, United

10 States Code, is amended by inserting after ‘‘is entitled to

11 basic pay’’ in the first sentence the following: ‘‘, or is enti12 tled to compensation under section 206 of this title in the

13 case of a member of a reserve component not on active

14 duty,’’.

15 (b) EFFECTIVE DATE.—The amendment made by

16 subsection (a) shall take effect on the first day of the first

17 month that begins on or after the date of the enactment

18 of this Act.

19 Subtitle C—Travel and

20 Transportation Allowances

21 SEC. 631. ADVANCE PAYMENTS FOR TEMPORARY LODGING

22 OF MEMBERS AND DEPENDENTS.

23 (a) SUBSISTENCE EXPENSES.—Section 404a of title

24 37, United States Code, is amended—
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1 (1) by redesignating subsections (b) and (c) as

2 subsections (d) and (e), respectively; and

3 (2) by striking subsection (a) and inserting the

4 following:

5 ‘‘(a)(1) Under regulations prescribed by the Secre6 taries concerned, a member of a uniformed service who

7 is ordered to make a change of permanent station de8 scribed in paragraph (2) shall be paid or reimbursed for

9 subsistence expenses of the member and the member’s de10 pendents for the period (subject to subsection (c)) for

11 which the member and dependents occupy temporary

12 quarters incident to that change of permanent station.

13 ‘‘(2) Paragraph (1) applies to the following:

14 ‘‘(A) A permanent change of station from any

15 duty station to a duty station in the United States

16 (other than Hawaii or Alaska).

17 ‘‘(B) A permanent change of station from a

18 duty station in the United States (other than Hawaii

19 or Alaska) to a duty station outside the United

20 States or in Hawaii or Alaska.

21 ‘‘(b) The Secretary concerned may make any pay22 ment for subsistence expenses to a member under this sec23 tion in advance of the incurrence of the expenses. The

24 amount of an advance payment made to a member shall

25 be computed on the basis of the Secretary’s determination
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1 of the average number of days that members and their

2 dependents occupy temporary quarters under the cir3 cumstances applicable to the member and the member’s

4 dependents.

5 ‘‘(c)(1) In the case of a change of permanent station

6 described in subsection (a)(2)(A), the period for which

7 subsistence expenses are to be paid or reimbursed under

8 this section may not exceed 10 days.

9 ‘‘(2) In the case of a change of permanent station

10 described in subsection (a)(2)(B)—

11 ‘‘(A) the period for which such expenses are to

12 be paid or reimbursed under this section may not ex13 ceed five days; and

14 ‘‘(B) such payment or reimbursement may be

15 provided only for expenses incurred before leaving

16 the United States (other than Hawaii or Alaska).’’.

17 (b) PER DIEM.—Section 405 of such title is

18 amended—

19 (1) by redesignating subsection (b) as sub20 section (c); and

21 (2) by striking subsection (a) and inserting the

22 following:

23 ‘‘(a) Without regard to the monetary limitation of

24 this title, the Secretary concerned may pay a per diem to

25 a member who is on duty outside of the United States
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1 or in Hawaii or Alaska, whether or not the member is in

2 a travel status. The Secretary may pay the per diem in

3 advance of the accrual of the per diem.

4 ‘‘(b) In determining the per diem to be paid under

5 this section, the Secretary concerned shall consider all ele6 ments of the cost of living to members of the uniformed

7 services under the Secretary’s jurisdiction and their de8 pendents, including the cost of quarters, subsistence, and

9 other necessary incidental expenses. However, dependents

10 may not be considered in determining the per diem allow11 ance for a member in a travel status.’’.

12 SEC. 632. INCENTIVE FOR SHIPPING AND STORING HOUSE13 HOLD GOODS IN LESS THAN AVERAGE

14 WEIGHTS.

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

16 amended by adding at the end the following new subpara17 graph:

18 ‘‘(G) The Secretary concerned may pay a member a

19 share (determined by the Secretary) of the amount of the

20 savings resulting to the United States for less than aver21 age shipping and storage of the member’s baggage and

22 household effects under subparagraph (A). Shipping and

23 storage of a member’s baggage and household effects for

24 a member shall be considered as less than average if the

25 total weights of the baggage and household effects shipped
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1 and stored are less than the average weights of the bag2 gage and household effects that are shipped and stored,

3 respectively, by members of the same grade and status

4 with respect to dependents as the member in connection

5 with changes of station that are comparable to the mem6 ber’s change of station. The amount of the savings shall

7 be the amount equal to the excess of the cost of shipping

8 and cost of storing such average weights of baggage and

9 household effects, respectively, over the corresponding

10 costs associated with the weights of the member’s baggage

11 and household effects. For the administration of this sub12 paragraph, the Secretary of Defense shall annually deter13 mine the average weights of baggage and household effects

14 shipped and stored.’’.

15 SEC. 633. EXPANSION OF FUNDED STUDENT TRAVEL.

16 Section 430 of title 37, United States Code, is

17 amended—

18 (1) in subsection (a)(3), by striking ‘‘for the

19 purpose of obtaining a secondary or undergraduate

20 college education’’ and inserting ‘‘for the purpose of

21 obtaining a formal education’’;

22 (2) in subsection (b), by striking ‘‘for the pur23 pose of obtaining a secondary or undergraduate col24 lege education’’ and inserting ‘‘for the purpose of

25 obtaining a formal education’’; and
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1 (3) in subsection (f)—

2 (A) by striking ‘‘In this section, the term’’

3 and insert the following:

4 ‘‘In this section:

5 ‘‘(1) The term’’; and

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

7 ‘‘(2) The term ‘formal education’ means the fol8 lowing:

9 ‘‘(A) A secondary education.

10 ‘‘(B) An undergraduate college education.

11 ‘‘(C) A graduate education pursued on a

12 full-time basis at an institution of higher edu13 cation (as defined in section 101 of the Higher

14 Education Act of 1965 (20 U.S.C. 1001)).

15 ‘‘(D) Vocational education pursued on a

16 full-time basis at a post-secondary vocational

17 institution (as defined in section 102(c) of the

18 Higher Education Act of 1965 (20 U.S.C.

19 1002(c))).’’.

20 SEC. 634. BENEFITS FOR MEMBERS NOT TRANSPORTING

21 PERSONAL MOTOR VEHICLES OVERSEAS.

22 (a) INCENTIVES.—Section 2634 of title 10, United

23 States Code, is amended—

24 (1) by redesignating subsection (h) as sub25 section (i); and
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1 (2) by inserting after subsection (g) the fol2 lowing new subsection (h):

3 ‘‘(h)(1) If a member of an armed force authorized

4 the transportation of a motor vehicle under subsection (a)

5 elects not to have the vehicle transported and not (if eligi6 ble) to have the vehicle stored under subsection (b), the

7 Secretary concerned may pay the member a share (deter8 mined by the Secretary) of the amount of the savings re9 sulting to the United States. The Secretary may make the

10 payment in advance of the member’s change of permanent

11 station.

12 ‘‘(2) The Secretary of Defense shall determine annu13 ally the rates of savings to the United States that are as14 sociated with elections of a member described in para15 graph (1).’’.

16 (b) STORAGE AS ALTERNATIVE TO TRANSPORTATION

17 FOR UNACCOMPANIED ASSIGNMENTS.—Subsection (b) of

18 such section—

19 (1) by redesignating paragraph (3) as para20 graph (4); and

21 (2) by inserting after paragraph (2) the fol22 lowing new paragraph (3):

23 ‘‘(3) If a member authorized the transportation of a

24 motor vehicle under subsection (a) is not authorized under

25 reassignment orders to be accompanied by dependents on
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1 a command-sponsored basis, the member may elect, in lieu

2 of that transportation, to have the motor vehicle stored

3 at a location approved by the Secretary concerned. If stor4 age is elected, the Secretary shall pay the expenses associ5 ated with the storage of the vehicle, as authorized under

6 paragraph (4), up to the amount equal to the cost that

7 would have been incurred by the United States for trans8 portation of the vehicle under subsection (a). The member

9 shall be responsible for the payment of the costs of the

10 storage in excess of that amount.’’.

11 Subtitle D—Retirement Benefits

12 SEC. 641. EXCEPTION TO HIGH-36 MONTH RETIRED PAY

13 COMPUTATION FOR MEMBERS RETIRED FOL14 LOWING A DISCIPLINARY REDUCTION IN

15 GRADE.

16 Section 1407 of title 10, United States Code, is

17 amended—

18 (1) in subsection (b), by striking ‘‘The retired

19 pay base’’ and inserting ‘‘Except as provided in sub20 section (f), the retired pay base’’; and

21 (2) by adding at the end the following new sub22 section:

23 ‘‘(f) EXCEPTION FOR ENLISTED MEMBERS REDUCED

24 IN GRADE AND OFFICERS WHO DO NOT SERVE SATIS25 FACTORILY IN HIGHEST GRADE HELD.—
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1 ‘‘(1) COMPUTATION BASED ON PRE-HIGH2 THREE RULES.—In the case of a member or former

3 member described in paragraph (2), the retired pay

4 base or retainer pay base is determined under sec5 tion 1406 of this title in the same manner as if the

6 member or former member first became a member

7 of a uniformed service before September 8, 1980.

8 ‘‘(2) AFFECTED MEMBERS.—A member or

9 former member referred to in paragraph (1) is a

10 member or former member who by reason of conduct

11 occurring after the date of the enactment of this

12 subsection—

13 ‘‘(A) in the case of a member retired in an

14 enlisted grade or transferred to the Fleet Re15 serve or Fleet Marine Corps Reserve, was at

16 any time reduced in grade as the result of a

17 court-martial sentence, nonjudicial punishment,

18 or an administrative action, unless the member

19 was subsequently promoted to a higher enlisted

20 grade or appointed to a commissioned or war21 rant grade; and

22 ‘‘(B) in the case of an officer, is retired in

23 a grade lower than the highest grade in which

24 served by reason of denial of a determination or

25 certification under section 1370 of this title
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1 that the officer served on active duty satisfac2 torily in that grade.

3 ‘‘(3) SPECIAL RULE FOR ENLISTED MEM4 BERS.—In the case of a member who retires within

5 three years after having been reduced in grade as

6 described in paragraph (2)(A), who retires in an en7 listed grade that is lower than the grade from which

8 reduced, and who would be subject to paragraph

9 (2)(A) but for a subsequent promotion to a higher

10 enlisted grade or a subsequent appointment to a

11 warrant or commissioned grade, the rates of basic

12 pay used in the computation of the member’s high13 36 average for the period of the member’s service in

14 a grade higher than the grade in which retired shall

15 be the rates of pay that would apply if the member

16 had been serving for that period in the grade in

17 which retired.’’.

18 SEC. 642. AUTOMATIC PARTICIPATION IN RESERVE COMPO19 NENT SURVIVOR BENEFIT PLAN UNLESS DE20 CLINED WITH SPOUSE’S CONSENT.

21 (a) INITIAL OPPORTUNITY TO DECLINE.—Para22 graph (2)(B) of section 1448(a) of title 10, United States

23 Code, is amended to read as follows:

24 ‘‘(B) RESERVE-COMPONENT ANNUITY PAR25 TICIPANTS.—A person who is—
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1 ‘‘(i) eligible to participate in the Plan

2 under paragraph (1)(B); and

3 ‘‘(ii) married or has a dependent child

4 when he is notified under section 12731(d)

5 of this title that he has completed the

6 years of service required for eligibility for

7 reserve-component retired pay, unless the

8 person elects (with his spouse’s concur9 rence, if required under paragraph (3)) not

10 to participate in the Plan before the end of

11 the 90-day period beginning on the date he

12 receives such notification.

13 A person who elects not to participate in the

14 Plan as described in the foregoing sentence re15 mains eligible, upon reaching 60 years of age

16 and otherwise becoming entitled to retired pay,

17 to participate in the Plan in accordance with

18 eligibility under paragraph (1)(A).’’.

19 (b) SPOUSAL CONSENT REQUIREMENT.—Paragraph

20 (3)(B) of such section is amended—

21 (1) by striking ‘‘who elects to provide’’ and in22 serting ‘‘who is eligible to provide’’;

23 (2) by redesignating clauses (i) and (ii) as

24 clauses (iii) and (iv), respectively; and
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1 (3) by inserting before clause (iii), as so redes2 ignated, the following:

3 ‘‘(i) not to participate in the Plan;

4 ‘‘(ii) to defer the effective date of an5 nuity payments to the 60th anniversary of

6 the member’s birth pursuant to subsection

7 (e)(2);’’.

8 (c) IRREVOCABILITY OF ELECTION NOT TO PARTICI9 PATE MADE UPON RECEIPT OF 20-YEAR LETTER.—

10 Paragraph (4)(B) of such section is amended by striking

11 ‘‘to participate in the Plan is irrevocable’’ and inserting

12 ‘‘not to participate in the Plan is, subject to the sentence

13 following clause (ii) of paragraph (2)(B), irrevocable’’.

14 (d) DESIGNATION OF COMMENCEMENT OF RESERVE15 COMPONENT ANNUITY.—(1) Section 1448(e) of title 10,

16 United States Code, is amended by striking ‘‘a person

17 electing to participate’’ and all that follows through ‘‘mak18 ing such election’’ and inserting ‘‘a person is required to

19 make a designation under this subsection, the person’’.

20 (2) Section 1450(j)(1) of such title is amended to

21 read as follows:

22 ‘‘(1) PERSON MAKING SECTION 1448(e) DES23 IGNATION.—A reserve-component annuity shall be

24 effective in accordance with the designation made
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1 under section 1448(e) of this title by the person pro2 viding the annuity.’’.

3 (e) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall take effect on October

5 1, 2000.

6 SEC. 643. PARTICIPATION IN THRIFT SAVINGS PLAN.

7 (a) EFFECTIVE DATE OF PARTICIPATION AUTHOR8 ITY.—Section 663 of the National Defense Authorization

9 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

10 673; 5 U.S.C. 8440 note) is amended to read as follows:

11 ‘‘SEC. 663. EFFECTIVE DATE.

12 ‘‘(a) IN GENERAL.—The amendments made by this

13 subtitle shall take effect 180 days after the date of the

14 enactment of the National Defense Authorization Act for

15 Fiscal Year 2001.

16 ‘‘(b) POSTPONEMENT AUTHORITY.—(1) The Sec17 retary of Defense may postpone the authority of members

18 of the Ready Reserve to participate in the Thrift Savings

19 Plan under section 211 of title 37, United States Code

20 (as amended by this subtitle) up to 360 days after the

21 date referred to in subsection (a) if the Secretary, after

22 consultation with the Executive Director (appointed by the

23 Federal Retirement Thrift Investment Board), determines

24 that permitting such members to participate in the Thrift

25 Savings Plan earlier would place an excessive burden on
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1 the administrative capacity of the Board to accommodate

2 participants in the Thrift Savings Plan.

3 ‘‘(2) The Secretary shall notify the congressional de4 fense committees, the Committee on Government Reform

5 of the House of Representatives, and the Committee on

6 Governmental Affairs of the Senate of any determination

7 made under paragraph (1).’’.

8 (b) REGULATIONS.—Section 661(b) of such Act (113

9 Stat. 672; 5 U.S.C. 8440e) is amended by striking ‘‘the

10 date on which’’ and all that follows through ‘‘later,’’ and

11 inserting ‘‘the effective date of the amendments made by

12 this subtitle (determined under section 663(a)),’’.

13 SEC. 644. RETIREMENT FROM ACTIVE RESERVE SERVICE

14 AFTER REGULAR RETIREMENT.

15 (a) CONVERSION TO RESERVE RETIREMENT.—(1)

16 Chapter 1223 of title 10, United States Code, is amended

17 by adding at the end the following:

18 ‘‘§ 12741. Retirement from active reserve service per19 formed after regular retirement

20 ‘‘(a) RESERVE RETIREMENT.—Upon the election of

21 a member or former member of a reserve component under

22 subsection (b), the Secretary concerned shall—

23 ‘‘(1) treat the person as being entitled to re24 tired pay under this chapter;
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1 ‘‘(2) terminate the person’s entitlement to re2 tired pay that is payable out of the Department of

3 Defense Military Retirement Fund under any other

4 provision of law other than this chapter; and

5 ‘‘(3) in the case of a reserve commissioned offi6 cer, transfer the officer to the Retired Reserve.

7 ‘‘(b) ELIGIBILITY AND ELECTION.—A person who,

8 after being retired under chapter 65, 367, 571, or 867

9 of this title, serves in an active status in a reserve compo10 nent of the armed forces may elect to receive retired pay

11 under this chapter if—

12 ‘‘(1) the person would, except for paragraph (4)

13 of section 12731(a) of this title, otherwise be enti14 tled to retired pay under this chapter; and

15 ‘‘(2) during that reserve service, the person

16 served satisfactorily as—

17 ‘‘(A) a reserve commissioned officer; or

18 ‘‘(B) a reserve noncommissioned officer.

19 ‘‘(c) TIME AND FORM OF ELECTION.—An election

20 under subsection (b) shall be made within such time and

21 in such form as the Secretary concerned requires.

22 ‘‘(d) EFFECTIVE DATE OF ELECTION.—An election

23 made by a person under subsection (b) shall be effective—

24 ‘‘(1) except as provided in paragraph (2)(B), as

25 of the date on which the person attains 60 years of
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1 age, if the election is made in accordance with this

2 section within 180 days after that date; or

3 ‘‘(2) on the first day of the first month that be4 gins after the date on which the election is made in

5 accordance with this section, if—

6 ‘‘(A) the election is made more than 180

7 days after the date on which the person attains

8 60 years of age; or

9 ‘‘(B) the person retires from active reserve

10 service within that 180-day period.’’.

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

12 chapter is amended by adding at the end the following:

‘‘12741. Retirement from active service performed after regular retirement.’’.

13 (b) EFFECTIVE DATE AND APPLICABILITY.—(1)

14 This section and the amendments made by this section

15 shall take effect 180 days after the date of the enactment

16 of this Act.

17 (2) No benefits shall accrue under section 12741 of

18 title 10, United States Code (as added by subsection (a)),

19 for any period before the first day of the first month that

20 begins on or after the effective date of this section.
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1 SEC. 645. SAME TREATMENT FOR FEDERAL JUDGES AS FOR

2 OTHER FEDERAL OFFICIALS REGARDING

3 PAYMENT OF MILITARY RETIRED PAY.

4 (a) REPEAL OF REQUIREMENT FOR SUSPENSION

5 DURING REGULAR ACTIVE SERVICE.—Section 371 of title

6 28, United States Code, is amended—

7 (1) by striking subsection (e); and

8 (2) by redesignating subsection (f) as sub9 section (e).

10 (b) CONFORMING AMENDMENTS.—Subsection (b) of

11 such section is amended by striking ‘‘subsection (f)’’ each

12 place it appears and inserting ‘‘subsection (e)’’.

13 (c) RETROACTIVE EFFECTIVE DATE.—The amend14 ments made by this section shall take effect as of October

15 1, 1999.

16 SEC. 646. POLICY ON INCREASING MINIMUM SURVIVOR

17 BENEFIT PLAN BASIC ANNUITIES FOR SUR18 VIVING SPOUSES AGE 62 OR OLDER.

19 It is the sense of Congress that there should be en20 acted during the 106th Congress legislation that increases

21 the minimum basic annuities provided under the Survivor

22 Benefit Plan for surviving spouses of members of the uni23 formed services who are 62 years of age or older.
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1 SEC. 647. SURVIVOR BENEFIT PLAN ANNUITIES FOR SUR2 VIVORS OF ALL MEMBERS WHO DIE ON AC3 TIVE DUTY.

4 (a) ENTITLEMENT.—(1) Subsection (d)(1) of section

5 1448 of title 10, United States Code, is amended to read

6 as follows:

7 ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec8 retary concerned shall pay an annuity under this

9 subchapter to the surviving spouse of—

10 ‘‘(A) a member who dies on active duty

11 after—

12 ‘‘(i) becoming eligible to receive re13 tired pay;

14 ‘‘(ii) qualifying for retired pay except

15 that he has not applied for or been granted

16 that pay; or

17 ‘‘(iii) completing 20 years of active

18 service but before he is eligible to retire as

19 a commissioned officer because he has not

20 completed 10 years of active commissioned

21 service; or

22 ‘‘(B) a member not described in subpara23 graph (A) who dies on active duty, except in the

24 case of a member whose death, as determined

25 by the Secretary concerned—
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1 ‘‘(i) is a direct result of the member’s

2 intentional misconduct or willful neglect; or

3 ‘‘(ii) occurs during a period of unau4 thorized absence.’’.

5 (2) The heading for subsection (d) of such section

6 is amended by striking ‘‘RETIREMENT-ELIGIBLE’’.

7 (b) AMOUNT OF ANNUITY.—Section 1451(c)(1) of

8 such title is amended to read as follows:

9 ‘‘(1) IN GENERAL.—In the case of an annuity

10 provided under section 1448(d) or 1448(f) of this

11 title, the amount of the annuity shall be determined

12 as follows:

13 ‘‘(A) BENEFICIARY UNDER 62 YEARS OF

14 AGE.—If the person receiving the annuity is

15 under 62 years of age or is a dependent child

16 when the member or former member dies, the

17 monthly annuity shall be the amount equal to

18 55 percent of the retired pay imputed to the

19 member or former member. The retired pay im20 puted to a member or former member is as fol21 lows:

22 ‘‘(i) Except in a case described in

23 clause (ii), the retired pay to which the

24 member or former member would have

25 been entitled if the member or former
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1 member had been entitled to that pay

2 based upon his years of active service when

3 he died.

4 ‘‘(ii) In the case of a deceased mem5 ber referred to in subparagraph (A)(iii) or

6 (B) of section 1448(d)(1) of this title, the

7 retired pay to which the member or former

8 member would have been entitled if the

9 member had been entitled to that pay

10 based upon a retirement under section

11 1201 of this title (if on active duty for

12 more than 30 days when the member died)

13 or section 1204 of this title (if on active

14 duty for 30 days or less when the member

15 died) for a disability rated as total.

16 ‘‘(B) BENEFICIARY 62 YEARS OF AGE OR

17 OLDER.—

18 ‘‘(i) GENERAL RULE.—If the person

19 receiving the annuity (other than a de20 pendent child) is 62 years of age or older

21 when the member or former member dies,

22 the monthly annuity shall be the amount

23 equal to 35 percent of the retired pay im24 puted to the member or former member as
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1 described in clause (i) or (ii) of the second

2 sentence of subparagraph (A).

3 ‘‘(ii) RULE IF BENEFICIARY ELIGIBLE

4 FOR SOCIAL SECURITY OFFSET COMPUTA5 TION.—If the beneficiary is eligible to have

6 the annuity computed under subsection (e)

7 and if, at the time the beneficiary becomes

8 entitled to the annuity, computation of the

9 annuity under that subsection is more fa10 vorable to the beneficiary than computa11 tion under clause (i), the annuity shall be

12 computed under that subsection rather

13 than under clause (i).’’.

14 (c) EFFECTIVE DATE.—This section and the amend15 ments made by this section shall take effect on October

16 1, 2000, and shall apply with respect to deaths occurring

17 on or after that date.

18 SEC. 648. FAMILY COVERAGE UNDER SERVICEMEMBERS’

19 GROUP LIFE INSURANCE.

20 (a) INSURABLE DEPENDENTS.—Section 1965 of title

21 38, United States Code, is amended by adding at the end

22 the following:

23 ‘‘(10) The term ‘insurable dependent’, with re24 spect to a member, means the following:

25 ‘‘(A) The member’s spouse.
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1 ‘‘(B) A child of the member for so long as

2 the child is unmarried and the member is pro3 viding over 50 percent of the support of the

4 child.’’.

5 (b) INSURANCE COVERAGE.—(1) Subsection (a) of

6 section 1967 of title 38, United States Code, is amended

7 to read as follows:

8 ‘‘(a)(1) Subject to an election under paragraph (2), any

9 policy of insurance purchased by the Secretary under sec10 tion 1966 of this title shall automatically insure the fol11 lowing persons against death:

12 ‘‘(A) In the case of any member of a uniformed

13 service on active duty (other than active duty for

14 training)—

15 ‘‘(i) the member; and

16 ‘‘(ii) each insurable dependent of the mem17 ber.

18 ‘‘(B) Any member of a uniformed service on active

19 duty for training or inactive duty training scheduled

20 in advance by competent authority.

21 ‘‘(C) Any member of the Ready Reserve of a uni22 formed service who meets the qualifications set forth

23 in section 1965(5)(B) of this title.

24 ‘‘(2)(A) A member may elect in writing not to be in25 sured under this subchapter.
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1 ‘‘(B) A member referred to in subparagraph (A) may

2 also make either or both of the following elections in writ3 ing:

4 ‘‘(i) An election not to insure a dependent

5 spouse under this subchapter.

6 ‘‘(ii) An election to insure none of the member’s

7 children under this subchapter.

8 ‘‘(3)(A) Subject to an election under subparagraph

9 (B), the amount for which a person is insured under this

10 subchapter is as follows:

11 ‘‘(i) In the case of a member, $200,000.

12 ‘‘(ii) In the case of a member’s spouse, the

13 amount equal to 50 percent of the amount for which

14 the member is insured under this subchapter.

15 ‘‘(iii) In the case of a member’s child, $10,000.

16 ‘‘(B) A member may elect in writing to be insured

17 or to insure an insurable dependent in an amount less

18 than the amount provided under subparagraph (A). The

19 amount of insurance so elected shall, in the case of a mem20 ber or spouse, be evenly divisible by $10,000 and, in the

21 case of a child, be evenly divisible by $5,000.

22 ‘‘(4) No dependent of a member is insured under this

23 chapter unless the member is insured under this sub24 chapter.
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1 ‘‘(5) The insurance shall be effective with respect to

2 a member and the member’s dependents on the first day

3 of active duty or active duty for training, or the beginning

4 of a period of inactive duty training scheduled in advance

5 by competent authority, or the first day a member of the

6 Ready Reserve meets the qualifications set forth in section

7 1965(5)(B) of this title, or the date certified by the Sec8 retary to the Secretary concerned as the date

9 Servicemembers’ Group Life Insurance under this sub10 chapter for the class or group concerned takes effect,

11 whichever is the later date.’’.

12 (2) Subsection (c) of such section is amended by

13 striking out the first sentence and inserting the following:

14 ‘‘If a person eligible for insurance under this subchapter

15 is not so insured, or is insured for less than the maximum

16 amount provided for the person under subparagraph (A)

17 of subsection (a)(3), by reason of an election made by a

18 member under subparagraph (B) of that subsection, the

19 person may thereafter be insured under this subchapter

20 in the maximum amount or any lesser amount elected as

21 provided in such subparagraph (B) upon written applica22 tion by the member, proof of good health of each person

23 to be so insured, and compliance with such other terms

24 and conditions as may be prescribed by the Secretary.’’.
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1 (c) TERMINATION OF COVERAGE.—(1) Subsection

2 (a) of section 1968 of such title is amended—

3 (A) in the matter preceding paragraph (1), by

4 inserting ‘‘and any insurance thereunder on any in5 surable dependent of such a member,’’ after ‘‘ any

6 insurance thereunder on any member of the uni7 formed services,’’;

8 (B) by striking ‘‘and’’ at the end of paragraph

9 (3);

10 (C) by striking the period at the end of para11 graph (4) and inserting ‘‘; and’’; and

12 (D) by adding at the end the following:

13 ‘‘(5) with respect to an insurable dependent of

14 the member—

15 ‘‘(A) upon election made in writing by the

16 member to terminate the coverage; or

17 ‘‘(B) on the earlier of—

18 ‘‘(i) the date of the member’s death;

19 ‘‘(ii) the date of termination of the in20 surance on the member’s life under this

21 subchapter;

22 ‘‘(iii) the date of the dependent’s

23 death; or
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1 ‘‘(iv) the termination of the depend2 ent’s status as an insurable dependent of

3 the member.

4 (2) Subsection (b)(1)(A) of such section is amended

5 by inserting ‘‘(to insure against death of the member

6 only)’’ after ‘‘converted to Veterans’ Group Life Insur7 ance’’.

8 (d) PREMIUMS.—Section 1969 of such title is amend9 ed by adding at the end the following:

10 ‘‘(g)(1) During any period in which any insurable de11 pendent of a member is insured under this subchapter,

12 there shall be deducted each month from the member’s

13 basic or other pay until separation or release from active

14 duty an amount determined by the Secretary (which shall

15 be the same for all such members) as the premium allo16 cable to the pay period for providing that insurance cov17 erage.

18 ‘‘(2)(A) The Secretary shall determine the premium

19 amounts to be charged for life insurance coverage for de20 pendents of members under this subchapter.

21 ‘‘(B) The premium amounts shall be determined on

22 the basis of sound actuarial principles and shall include

23 an amount necessary to cover the administrative costs to

24 the insurer or insurers providing such insurance.
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1 ‘‘(C) Each premium rate for the first policy year shall

2 be continued for subsequent policy years, except that the

3 rate may be adjusted for any such subsequent policy year

4 on the basis of the experience under the policy, as deter5 mined by the Secretary in advance of that policy year.

6 ‘‘(h) Any overpayment of a premium for insurance

7 coverage for an insurable dependent of a member that is

8 terminated under section 1968(a)(5) of this title shall be

9 refunded to the member.’’.

10 (e) PAYMENTS OF INSURANCE PROCEEDS.—Section

11 1970 of such title is amended by adding at the end the

12 following:

13 ‘‘(h) Any amount of insurance in force on an insurable

14 dependent of a member under this subchapter on the date

15 of the dependent’s death shall be paid, upon the establish16 ment of a valid claim therefor, to the member or, in the

17 event of the member’s death before payment to the mem18 ber can be made, then to the person or persons entitled

19 to receive payment of the proceeds of insurance on the

20 member’s life under this subchapter.’’.

21 (f) EFFECTIVE DATE AND INITIAL IMPLEMENTA22 TION.—(1) This section and the amendments made by this

23 section shall take effect on the first day of the first month

24 that begins more than 120 days after the date of the en-
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1 actment of this Act, except that paragraph (2) shall take

2 effect on the date of the enactment of this Act.

3 (2) The Secretary of Veterans Affairs, in consultation

4 with the Secretaries of the military departments, the Sec5 retary of Transportation, the Secretary of Commerce and

6 the Secretary of Health and Human Services, shall take

7 such action as is necessary to ensure that each member

8 of the uniformed services on active duty (other than active

9 duty for training) during the period between the date of

10 the enactment of this Act and the effective date deter11 mined under paragraph (1) is furnished an explanation

12 of the insurance benefits available for dependents under

13 the amendments made by this section and is afforded an

14 opportunity before such effective date to make elections

15 that are authorized under those amendments to be made

16 with respect to dependents.

17 SEC. 649. FEES PAID BY RESIDENTS OF THE ARMED

18 FORCES RETIREMENT HOME.

19 (a) NAVAL HOME.—Section 1514 of the Armed

20 Forces Retirement Home Act of 1991 (24 U.S.C. 414)

21 is amended by striking subsection (d) and inserting the

22 following:

23 ‘‘(d) NAVAL HOME.—The monthly fee required to be

24 paid by a resident of the Naval Home under subsection

25 (a) shall be as follows:
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1 ‘‘(1) For a resident in an independent living

2 status, $500.

3 ‘‘(2) For a resident in an assisted living status,

4 $750.

5 ‘‘(3) For a resident of a skilled nursing facility,

6 $1,250.’’.

7 (b) UNITED STATES SOLDIERS’ AND AIRMEN’S

8 HOME.—Subsection (c) of such section is amended—

9 (1) by striking ‘‘(c) FIXING FEES.—’’ and in10 serting ‘‘(c) UNITED STATES SOLDIERS’ AND AIR11 MEN’S HOME.—’’;

12 (2) in paragraph (1)—

13 (A) by striking ‘‘the fee required by sub14 section (a) of this section’’ and inserting ‘‘the

15 fee required to be paid by residents of the

16 United States Soldiers’ and Airmen’s Home

17 under subsection (a)’’; and

18 (B) by striking ‘‘needs of the Retirement

19 Home’’ and inserting ‘‘needs of that establish20 ment’’; and

21 (3) in paragraph (2), by striking the second

22 sentence.

23 (c) SAVINGS PROVISION.—Such section is further

24 amended by adding at the end the following:
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1 ‘‘(e) RESIDENTS BEFORE FISCAL YEAR 2001.—A

2 resident of the Retirement Home on September 30, 2000,

3 may not be charged a monthly fee under this section in

4 an amount that exceeds the amount of the monthly fee

5 charged that resident for the month of September 2000.’’.

6 (d) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on October 1, 2000.

8 SEC. 650. COMPUTATION OF SURVIVOR BENEFITS.

9 (a) INCREASED BASIC ANNUITY.—(1) Subsection

10 (a)(1)(B)(i) of section 1451 of title 10, United States

11 Code, is amended by striking ‘‘35 percent of the base

12 amount.’’ and inserting ‘‘the product of the base amount

13 and the percent applicable for the month. The percent ap14 plicable for a month is 35 percent for months beginning

15 on or before the date of the enactment of the National

16 Defense Authorization Act for Fiscal Year 2001, 40 per17 cent for months beginning after such date and before Oc18 tober 2004, and 45 percent for months beginning after

19 September 2004.’’.

20 (2) Subsection (a)(2)(B)(i)(I) of such section is

21 amended by striking ‘‘35 percent’’ and inserting ‘‘the per22 cent specified under subsection (a)(1)(B)(i) as being appli23 cable for the month’’.

24 (3) Subsection (c)(1)(B)(i) of such section is

25 amended—
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1 (A) by striking ‘‘35 percent’’ and inserting ‘‘the

2 applicable percent’’; and

3 (B) by adding at the end the following: ‘‘The

4 percent applicable for a month under the preceding

5 sentence is the percent specified under subsection

6 (a)(1)(B)(i) as being applicable for the month.’’.

7 (4) The heading for subsection (d)(2)(A) of such sec8 tion is amended to read as follows: ‘‘COMPUTATION OF AN9 NUITY.—’’.

10 (b) ADJUSTED SUPPLEMENTAL ANNUITY.—Section

11 1457(b) of title 10, United States Code, is amended—

12 (1) by striking ‘‘5, 10, 15, or 20 percent’’ and

13 inserting ‘‘the applicable percent’’; and

14 (2) by inserting after the first sentence the fol15 lowing: ‘‘The percent used for the computation shall

16 be an even multiple of 5 percent and, whatever the

17 percent specified in the election, may not exceed 20

18 percent for months beginning on or before the date

19 of the enactment of the National Defense Authoriza20 tion Act for Fiscal Year 2001, 15 percent for

21 months beginning after that date and before October

22 2004, and 10 percent for months beginning after

23 September 2004.’’.
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1 (c) RECOMPUTATION OF ANNUITIES.—(1) Effective

2 on the first day of each month referred to in paragraph

3 (2)—

4 (A) each annuity under section 1450 of title 10,

5 United States Code, that commenced before that

6 month, is computed under a provision of section

7 1451 of that title amended by subsection (a), and is

8 payable for that month shall be recomputed so as to

9 be equal to the amount that would be in effect if the

10 percent applicable for that month under that provi11 sion, as so amended, had been used for the initial

12 computation of the annuity; and

13 (B) each supplemental survivor annuity under

14 section 1457 of such title that commenced before

15 that month and is payable for that month shall be

16 recomputed so as to be equal to the amount that

17 would be in effect if the percent applicable for that

18 month under that section, as amended by this sec19 tion, had been used for the initial computation of

20 the supplemental survivor annuity.

21 (2) The requirements for recomputation of annuities

22 under paragraph (1) apply with respect to the following

23 months:

24 (A) The first month that begins after the date

25 of the enactment of this Act.
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1 (B) October 2004.

2 (d) RECOMPUTATION OF RETIRED PAY REDUCTIONS

3 FOR SUPPLEMENTAL SURVIVOR ANNUITIES.—The Sec4 retary of Defense shall take such actions as are neces5 sitated by the amendments made by subsection (b) and

6 the requirements of subsection (c)(1)(B) to ensure that

7 the reductions in retired pay under section 1460 of title

8 10, United States Code, are adjusted to achieve the objec9 tives set forth in subsection (b) of that section.

10 SEC. 651. EQUITABLE APPLICATION OF EARLY RETIRE11 MENT ELIGIBILITY REQUIREMENTS TO MILI12 TARY RESERVE TECHNICIANS.

13 (a) TECHNICIANS COVERED BY FERS.—Paragraph

14 (1) of section 8414(c) of title 5, United States Code, is

15 amended by striking ‘‘after becoming 50 years of age and

16 completing 25 years of service’’ and inserting ‘‘after com17 pleting 25 years of service or after becoming 50 years of

18 age and completing 20 years of service’’.

19 (b) TECHNICIANS COVERED BY CSRS.—Section

20 8336 of title 5, United States Code, is amended by adding

21 at the end the following new subsection:

22 ‘‘(p) Section 8414(c) of this title applies—

23 ‘‘(1) under paragraph (1) of such section to a

24 military reserve technician described in that para-
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1 graph for purposes of determining entitlement to an

2 annuity under this subchapter; and

3 ‘‘(2) under paragraph (2) of such section to a

4 military technician (dual status) described in that

5 paragraph for purposes of determining entitlement

6 to an annuity under this subchapter.’’.

7 (c) TECHNICAL AMENDMENT.—Section 1109(a)(2)

8 of Public Law 105–261 (112 Stat. 2143) is amended by

9 striking ‘‘adding at the end’’ and inserting ‘‘inserting after

10 subsection (n)’’.

11 (d) APPLICABILITY.—Subsection (c) of section 8414

12 of such title (as amended by subsection (a)), and sub13 section (p) of section 8336 of title 5, United States Code

14 (as added by subsection (b)), shall apply according to the

15 provisions thereof with respect to separations from service

16 referred to in such subsections that occur on or after Octo17 ber 5, 1999.

18 SEC. 652. CONCURRENT PAYMENT TO SURVIVING SPOUSES

19 OF DISABILITY AND INDEMNITY COMPENSA20 TION AND ANNUITIES UNDER SURVIVOR BEN21 EFIT PLAN.

22 (a) CONCURRENT PAYMENT.—Section 1450 of title

23 10, United States Code, is amended by striking subsection

24 (c).
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1 (b) CONFORMING AMENDMENTS.—That section is

2 further amended by striking subsections (e) and (k).

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

4 this section shall take effect on the date of the enactment

5 of this Act, and shall apply with respect to the payment

6 of annuities under the Survivor Benefit Plan under sub7 chapter II of chapter 73 of title 10, United States Code,

8 for months beginning on or after that date.

9 (d) RECOMPUTATION OF ANNUITIES.—The Secretary

10 of Defense shall provide for the readjustment of any annu11 ities to which subsection (c) of section 1450 of title 10,

12 United States Code, applies as of the date before the date

13 of the enactment of this Act, as if the adjustment other14 wise provided for under such subsection (c) had never been

15 made.

16 (e) PROHIBITION ON RETROACTIVE BENEFITS.—No

17 benefits shall be paid to any person by virtue of the

18 amendments made by this section for any period before

19 the effective date of the amendments as specified in sub20 section (c).
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1 Subtitle E—Other Matters

2 SEC. 661. REIMBURSEMENT OF RECRUITING AND ROTC

3 PERSONNEL FOR PARKING EXPENSES.

4 (a) IN GENERAL.—Chapter 53 of title 10, United

5 States Code, is amended by inserting after section 1053

6 the following new section:

7 ‘‘§ 1053a. Reimbursement of recruiting and ROTC

8 personnel: parking expenses

9 ‘‘(a) AUTHORITY.—The Secretary concerned may,

10 under regulations prescribed by the Secretary of Defense,

11 reimburse eligible Department of Defense personnel for

12 expenses incurred for parking a privately owned vehicle

13 at a place of duty.

14 ‘‘(b) ELIGIBILITY.—A member of the armed forces

15 or employee of the Department of Defense is eligible for

16 reimbursement under subsection (a) while—

17 ‘‘(1) assigned to duty as a recruiter for any of

18 the armed forces;

19 ‘‘(2) assigned to duty at a military entrance

20 processing facility of the armed forces; or

21 ‘‘(3) detailed for instructional and administra22 tive duties at any institution where a unit of the

23 Senior Reserve Officers’ Training Corps is main24 tained.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by inserting

3 after the item relating to section 1053 the following:

‘‘1053a. Reimbursement of recruiting and ROTC personnel: parking expenses.’’.

4 SEC. 662. EXTENSION OF DEADLINE FOR FILING CLAIMS

5 ASSOCIATED WITH CAPTURE AND INTERN6 MENT OF CERTAIN PERSONS BY NORTH VIET7 NAM.

8 Section 657(d)(1) of the National Defense Authoriza9 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

10 Stat. 2585) is amended by adding at the end the following:

11 ‘‘The Secretary may extend the time limitation under the

12 preceding sentence for up to 18 months in the case of any

13 claim for which the Secretary determines that the exten14 sion is necessary to prevent an injustice or that a failure

15 to file within the time limitation is due to excusable ne16 glect.’’.

17 SEC. 663. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR

18 UNUSED ACCRUED LEAVE AND FOR RETIRED

19 PAY.

20 (a) CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED

21 LEAVE.—Subsection (a)(1) of section 3702 of title 31,

22 United States Code, is amended by inserting ‘‘payments

23 for unused accrued leave,’’ after ‘‘transportation,’’.

24 (b) WAIVER OF TIME LIMITATIONS.—Subsection

25 (e)(1) of such section is amended by striking ‘‘claim for
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1 pay or allowances under title 37’’ and inserting ‘‘claim for

2 pay, allowances, or payment for unused accrued leave

3 under title 37 or a claim for retired pay under title 10’’.

4 SEC. 664. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDI5 VIDUAL READY RESERVE FOR SERVICE6 MEMBERS’ GROUP LIFE INSURANCE.

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

8 amended—

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (B);

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

13 (3) by inserting after subparagraph (B) the fol14 lowing new subparagraph (C):

15 ‘‘(C) a person who volunteers for assign16 ment to a category in the Individual Ready Re17 serve of a uniformed service that is subject to

18 an involuntary call to active duty under section

19 12304 of title 10; and’’.

20 SEC. 665. AUTHORITY TO PAY GRATUITY TO CERTAIN VET21 ERANS OF BATAAN AND CORREGIDOR.

22 (a) PAYMENT OF GRATUITY AUTHORIZED.—The

23 Secretary of Veterans Affairs may pay a gratuity to a cov24 ered veteran, or to the surviving spouse of a covered vet25 eran, in the amount of $20,000.
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1 (b) COVERED VETERAN DEFINED.—For purposes of

2 subsection (a), the term ‘‘covered veteran’’ means any vet3 eran of the Armed Forces who—

4 (1) served at Bataan or Corregidor in the Phil5 ippines during World War II;

6 (2) was captured and held as a prisoner of war

7 by Japan as a result of such service; and

8 (3) was required by Japan to perform slave

9 labor in Japan during World War II.

10 (c) RELATIONSHIP TO OTHER PAYMENTS.—Any

11 amount paid a person under this section for activity de12 scribed in subsection (b) is in addition to any other

13 amount paid such person for such activity under any other

14 provision of law.

15 SEC. 666. CONCURRENT PAYMENT OF RETIRED PAY AND

16 COMPENSATION FOR RETIRED MEMBERS

17 WITH SERVICE-CONNECTED DISABILITIES.

18 (a) CONCURRENT PAYMENT.—Section 5304(a) of

19 title 38, United States Code, is amended by adding at the

20 end the following new paragraph:

21 ‘‘(3) Notwithstanding the provisions of paragraph (1)

22 and section 5305 of this title, compensation under chapter

23 11 of this title may be paid to a person entitled to receive

24 retired or retirement pay described in such section 5305
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1 concurrently with such person’s receipt of such retired or

2 retirement pay.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall take effect on the date of the enact5 ment of this Act, and apply with respect to payments of

6 compensation for months beginning on or after that date.

7 (c) PROHIBITION ON RETROACTIVE BENEFITS.—No

8 benefits shall be paid to any person by virtue of the

9 amendment made by subsection (a) for any period before

10 the effective date of this Act as specified in subsection (b).

11 SEC. 667. TRAVEL BY RESERVES ON MILITARY AIRCRAFT

12 TO AND FROM LOCATIONS OUTSIDE THE

13 CONTINENTAL UNITED STATES FOR INAC14 TIVE-DUTY TRAINING.

15 (a) SPACE-REQUIRED TRAVEL.—Subsection (a) of

16 section 18505 of title 10, United States Code, is

17 amended—

18 (1) by inserting ‘‘residence or’’ after ‘‘In the

19 case of a member of a reserve component whose’’;

20 and

21 (2) by inserting after ‘‘(including a place’’ the

22 following: ‘‘of inactive-duty training’’.

23 (b) CLERICAL AMENDMENTS.—(1) The heading of

24 such section is amended to read as follows:
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1 ‘‘§ 18505. Space-required travel: Reserves traveling to

2 inactive-duty training’’.

3 (2) The item relating to such section in the table of

4 sections at the beginning of such chapter is amended to

5 read as follows:

‘‘18505. Space-required travel: Reserves traveling to inactive-duty training.’’.

6 SEC. 668. ADDITIONAL BENEFITS AND PROTECTIONS FOR

7 PERSONNEL INCURRING INJURY, ILLNESS,

8 OR DISEASE IN THE PERFORMANCE OF FU9 NERAL HONORS DUTY.

10 (a) INCAPACITATION PAY.—Section 204 of title 37,

11 United States Code, is amended—

12 (1) in subsection (g)(1)—

13 (A) by striking ‘‘or’’ at the end of subpara14 graph (C);

15 (B) by striking the period at the end of

16 subparagraph (D) and inserting ‘‘; or’’; and

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

18 ‘‘(E) in line of duty while—

19 ‘‘(i) serving on funeral honors duty under

20 section 12503 of this title or section 115 of title

21 32;

22 ‘‘(ii) traveling to or from the place at

23 which the duty was to be performed; or

24 ‘‘(iii) remaining overnight at or in the vi25 cinity of that place immediately before so serv-
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1 ing, if the place is outside reasonable com2 muting distance from the member’s residence.’’;

3 and

4 (2) in subsection (h)(1)—

5 (A) by striking ‘‘or’’ at the end of subpara6 graph (C);

7 (B) by striking the period at the end of

8 subparagraph (D) and inserting ‘‘; or’’; and

9 (C) by adding at the end the following:

10 ‘‘(E) in line of duty while—

11 ‘‘(i) serving on funeral honors duty under

12 section 12503 of this title or section 115 of title

13 32;

14 ‘‘(ii) traveling to or from the place at

15 which the duty was to be performed; or

16 ‘‘(iii) remaining overnight at or in the vi17 cinity of that place immediately before so serv18 ing, if the place is outside reasonable com19 muting distance from the member’s residence.’’.

20 (b) TORT CLAIMS.—Section 2671 of title 28, United

21 States Code, is amended by inserting ‘‘115,’’ in the second

22 paragraph after ‘‘members of the National Guard while

23 engaged in training or duty under section’’.
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1 (c) APPLICABILITY.—(1) The amendments made by

2 subsection (a) shall apply with respect to months begin3 ning on or after the date of the enactment of this Act.

4 (2) The amendment made by subsection (b) shall

5 apply with respect to acts and omissions occurring before,

6 on, or after the date of the enactment of this Act.

7 SEC. 669. DETERMINATIONS OF INCOME ELIGIBILITY FOR

8 SPECIAL SUPPLEMENTAL FOOD PROGRAM.

9 Section 1060a(c)(1)(B) of title 10, United States

10 Code, is amended by striking the second sentence and in11 serting the following: ‘‘In the application of such criterion,

12 the Secretary shall exclude from income any basic allow13 ance for housing as permitted under section 17(d)(2)(B)

14 of the Child Nutrition Act of 1966 (42 U.S.C.

15 1786(d)(2)(B)).’’.

16 SEC. 670. MODIFICATION OF TIME FOR USE BY CERTAIN

17 MEMBERS OF THE SELECTED RESERVE OF

18 ENTITLEMENT TO EDUCATIONAL ASSIST19 ANCE.

20 (a) IN GENERAL.—Subsection (a) of section 16133

21 of title 10, United States Code, is amended by striking

22 ‘‘(1) at the end’’ and all that follows through the end and

23 inserting ‘‘on the date the person is separated from the

24 Selected Reserve.’’.
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1 (b) CERTAIN MEMBERS.—Paragraph (1) of sub2 section (b) of that section is amended in the flush matter

3 following subparagraph (B) by striking ‘‘shall be deter4 mined’’ and all that follows through the end and inserting

5 ‘‘shall expire on the later of (i) the 10-year period begin6 ning on the date on which such person becomes entitled

7 to educational assistance under this chapter, or (ii) the

8 end of the 4-year period beginning on the date such person

9 is separated from, or ceases to be, a member of the Se10 lected Reserve.’’.

11 (c) CONFORMING AMENDMENTS.—Subsection (b) of

12 that section is further amended—

13 (1) in paragraph (2), by striking ‘‘subsection

14 (a)’’ and inserting ‘‘subsections (a) and (b)(1)’’;

15 (2) in paragraph (3), by striking ‘‘subsection

16 (a)’’ and inserting ‘‘subsection (b)(1)’’; and

17 (3) in paragraph (4)—

18 (A) in subparagraph (A), by striking ‘‘sub19 section (a)’’ and inserting ‘‘subsections (a) and

20 (b)(1)’’; and

21 (B) in subparagraph (B), by striking

22 ‘‘clause (2) of such subsection’’ and inserting

23 ‘‘subsection (a)’’.
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1 SEC. 671. RECOGNITION OF MEMBERS OF THE ALASKA TER2 RITORIAL GUARD AS VETERANS.

3 (a) IN GENERAL.—Section 106 of title 38, United

4 States Code, is amended by adding at the end the fol5 lowing new subsection:

6 ‘‘(f) Service as a member of the Alaska Territorial

7 Guard during World War II of any individual who was

8 honorably discharged therefrom under section 656(b) of

9 the National Defense Authorization Act for Fiscal Year

10 2001 shall be considered active duty for purposes of all

11 laws administered by the Secretary.’’.

12 (b) DISCHARGE.—(1) The Secretary of Defense shall

13 issue to each individual who served as a member of the

14 Alaska Territorial Guard during World War II a discharge

15 from such service under honorable conditions if the Sec16 retary determines that the nature and duration of the

17 service of the individual so warrants.

18 (2) A discharge under paragraph (1) shall designate

19 the date of discharge. The date of discharge shall be the

20 date, as determined by the Secretary, of the termination

21 of service of the individual concerned as described in that

22 paragraph.

23 (c) PROHIBITION ON RETROACTIVE BENEFITS.—No

24 benefits shall be paid to any individual for any period be25 fore the date of the enactment of this Act by reason of

26 the enactment of this section.
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1 SEC. 672. CLARIFICATION OF DEPARTMENT OF VETERANS

2 AFFAIRS DUTY TO ASSIST.

3 (a) IN GENERAL.—Section 5107 of title 38, United

4 States Code, is amended to read as follows:

5 ‘‘§ 5107 Assistance to claimants; benefit of the doubt;

6 burden of proof

7 ‘‘(a) The Secretary shall assist a claimant in devel8 oping all facts pertinent to a claim for benefits under this

9 title. Such assistance shall include requesting information

10 as described in section 5106 of this title. The Secretary

11 shall provide a medical examination when such examina12 tion may substantiate entitlement to the benefits sought.

13 The Secretary may decide a claim without providing as14 sistance under this subsection when no reasonable possi15 bility exists that such assistance will aid in the establish16 ment of entitlement.

17 ‘‘(b) The Secretary shall consider all evidence and

18 material of record in a case before the Department with

19 respect to benefits under laws administered by the Sec20 retary and shall give the claimant the benefit of the doubt

21 when there is an approximate balance of positive and neg22 ative evidence regarding any issue material to the deter23 mination of the matter.

24 ‘‘(c) Except when otherwise provided by this title or

25 by the Secretary in accordance with the provisions of this

26 title, a person who submits a claim for benefits under a
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1 law administered by the Secretary shall have the burden

2 of proof.’’.

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

4 at the beginning of chapter 51 of that title is amended

5 by striking the item relating to section 5017 and inserting

6 the following new item:

‘‘5107 Assistance to claimants; benefit of the doubt; burden of proof.’’.

7 SEC. 673. BACK PAY FOR MEMBERS OF THE NAVY AND MA8 RINE CORPS APPROVED FOR PROMOTION

9 WHILE INTERNED AS PRISONERS OF WAR

10 DURING WORLD WAR II.

11 (a) ENTITLEMENT OF FORMER PRISONERS OF

12 WAR.—Upon receipt of a claim made in accordance with

13 this section, the Secretary of the Navy shall pay back pay

14 to a claimant who, by reason of being interned as a pris15 oner of war while serving as a member of the Navy or

16 the Marine Corps during World War II, was not available

17 to accept a promotion for which the claimant was ap18 proved.

19 (b) PROPER CLAIMANT FOR DECEASED FORMER

20 MEMBER.—In the case of a person described in subsection

21 (a) who is deceased, the back pay for that deceased person

22 under this section shall be paid to a member or members

23 of the family of the deceased person determined appro24 priate in the same manner as is provided in section 6(c)

25 of the War Claims Act of 1948 (50 U.S.C. App. 2005(c)).
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1 (c) AMOUNT OF BACK PAY.—The amount of back

2 pay payable to or for a person described in subsection (a)

3 is the amount equal to the excess of—

4 (1) the total amount of basic pay that would

5 have been paid to that person for service in the

6 Navy or the Marine Corps if the person had been

7 promoted on the date on which the promotion was

8 approved, over

9 (2) the total amount of basic pay that was paid

10 to or for that person for such service on and after

11 that date.

12 (d) TIME LIMITATIONS.—(1) To be eligible for a pay13 ment under this section, a claimant must file a claim for

14 such payment with the Secretary of Defense within two

15 years after the effective date of the regulations imple16 menting this section.

17 (2) Not later than 18 months after receiving a claim

18 for payment under this section, the Secretary shall deter19 mine the eligibility of the claimant for payment of the

20 claim. Subject to subsection (f), if the Secretary deter21 mines that the claimant is eligible for the payment, the

22 Secretary shall promptly pay the claim.

23 (e) REGULATIONS.—The Secretary of Defense shall

24 prescribe regulations to carry out this section. Such regu25 lations shall include procedures by which persons may sub-
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1 mit claims for payment under this section. Such regula2 tions shall be prescribed not later than six months after

3 the date of the enactment of this Act.

4 (f) LIMITATION ON DISBURSEMENT.—(1) Notwith5 standing any power of attorney, assignment of interest,

6 contract, or other agreement, the actual disbursement of

7 a payment under this section may be made only to each

8 person who is eligible for the payment under subsection

9 (a) or (b) and only—

10 (A) upon the appearance of that person, in per11 son, at any designated disbursement office in the

12 United States or its territories; or

13 (B) at such other location or in such other

14 manner as that person may request in writing.

15 (2) In the case of a claim approved for payment but

16 not disbursed as a result of operation of paragraph (1),

17 the Secretary of Defense shall hold the funds in trust for

18 the person in an interest bearing account until such time

19 as the person makes an election under such paragraph.

20 (g) ATTORNEY FEES.—Notwithstanding any con21 tract, the representative of a person may not receive, for

22 services rendered in connection with the claim of, or with

23 respect to, a person under this section, more than 10 per24 cent of the amount of a payment made under this section

25 on that claim.
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1 (h) OUTREACH.—The Secretary of the Navy shall

2 take such actions as are necessary to ensure that the bene3 fits and eligibility for benefits under this section are widely

4 publicized by means designed to provide actual notice of

5 the availability of the benefits in a timely manner to the

6 maximum number of eligible persons practicable.

7 (i) DEFINITION.—In this section, the term ‘‘World

8 War II’’ has the meaning given the term in section 101(8)

9 of title 38, United States Code.

10 Subtitle F—Education Benefits

11 SEC. 681. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Helping Our Pro13 fessionals Educationally (HOPE) Act of 2000’’.

14 SEC. 682. TRANSFER OF ENTITLEMENT TO EDUCATIONAL

15 ASSISTANCE BY CERTAIN MEMBERS OF THE

16 ARMED FORCES.

17 (a) AUTHORITY TO TRANSFER TO FAMILY MEM18 BERS.—(1) Subchapter II of chapter 30 of title 38, United

19 States Code, is amended by adding at the end the fol20 lowing new section:

21 ‘‘§ 3020. Transfer of entitlement to basic educational

22 assistance: members of the Armed Forces

23 ‘‘(a)(1) Subject to the provisions of this section, the

24 Secretary of each military department may, for the pur25 pose of enhancing recruiting and retention and at such
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1 Secretary’s sole discretion, permit an individual described

2 in paragraph (2) who is entitled to basic educational as3 sistance under this subchapter to elect to transfer such

4 individual’s entitlement to such assistance, in whole or in

5 part, to the dependents specified in subsection (b).

6 ‘‘(2) An individual referred to in paragraph (1) is any

7 individual who is a member of the Armed Forces at the

8 time of the approval by the Secretary of the military de9 partment concerned of the individual’s request to transfer

10 entitlement to educational assistance under this section.

11 ‘‘(3) The Secretary of the military department con12 cerned may not approve an individual’s request to transfer

13 entitlement to educational assistance under this section

14 until the individual has completed six years of service in

15 the Armed Forces.

16 ‘‘(4) Subject to the time limitation for use of entitle17 ment under section 3031 of this title, an individual ap18 proved to transfer entitlement to educational assistance

19 under this section may transfer such entitlement at any

20 time after the approval of individual’s request to transfer

21 such entitlement without regard to whether the individual

22 is a member of the Armed Forces when the transfer is

23 executed.

24 ‘‘(b) An individual approved to transfer an entitle25 ment to basic educational assistance under this section
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1 may transfer the individual’s entitlement to such assist2 ance as follows:

3 ‘‘(1) To the individual’s spouse.

4 ‘‘(2) To one or more of the individual’s chil5 dren.

6 ‘‘(3) To a combination of the individuals re7 ferred to in paragraphs (1) and (2).

8 ‘‘(c)(1) An individual transferring an entitlement to

9 basic educational assistance under this section shall—

10 ‘‘(A) designate the dependent or dependents to

11 whom such entitlement is being transferred and the

12 percentage of such entitlement to be transferred to

13 each such dependent; and

14 ‘‘(B) specify the period for which the transfer

15 shall be effective for each dependent designated

16 under subparagraph (A).

17 ‘‘(2) The aggregate amount of the entitlement trans18 ferable by an individual under this section may not exceed

19 the aggregate amount of the entitlement of such individual

20 to basic educational assistance under this subchapter.

21 ‘‘(3) An individual transferring an entitlement under

22 this section may modify or revoke the transfer at any time

23 before the use of the transferred entitlement begins. An

24 individual shall make the modification or revocation by
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1 submitting written notice of the action to the Secretary

2 of the military department concerned.

3 ‘‘(d)(1) A dependent to whom entitlement to edu4 cational assistance is transferred under this section may

5 not commence the use of the transferred entitlement until

6 the completion by the individual making the transfer of

7 10 years of service in the Armed Forces.

8 ‘‘(2) The use of any entitlement transferred under

9 this section shall be charged against the entitlement of the

10 individual making the transfer at the rate of one month

11 for each month of transferred entitlement that is used.

12 ‘‘(3) Except as provided in under subsection

13 (c)(1)(B) and subject to paragraphs (4) and (5), a depend14 ent to whom entitlement is transferred under this section

15 is entitled to basic educational assistance under this sub16 chapter in the same manner and at the same rate as the

17 individual from whom the entitlement was transferred.

18 ‘‘(4) Notwithstanding section 3031 of this title, a

19 child to whom entitlement is transferred under this section

20 may not use any entitlement so transferred after attaining

21 the age of 26 years.

22 ‘‘(5) The administrative provisions of this chapter

23 (including the provisions set forth in section 3034(a)(1)

24 of this title) shall apply to the use of entitlement trans25 ferred under this section, except that the dependent to
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1 whom the entitlement is transferred shall be treated as

2 the eligible veteran for purposes of such provisions.

3 ‘‘(e) In the event of an overpayment of basic edu4 cational assistance with respect to a dependent to whom

5 entitlement is transferred under this section, the depend6 ent and the individual making the transfer shall be jointly

7 and severally liable to the United States for the amount

8 of the overpayment for purposes of section 3685 of this

9 title.

10 ‘‘(f) The Secretary of a military department may ap11 prove transfers of entitlement to educational assistance

12 under this section in a fiscal year only to the extent that

13 appropriations for military personnel are available in the

14 fiscal year for purposes of making transfers of funds

15 under section 2006 of title 10 with respect to such trans16 fers of entitlement.

17 ‘‘(g) The Secretary of Defense shall prescribe regula18 tions for purposes of this section. Such regulations shall

19 specify the manner and effect of an election to modify or

20 revoke a transfer of entitlement under subsection (c)(3)

21 and shall specify the manner of the applicability of the

22 administrative provisions referred to in subsection (d)(5)

23 to a dependent to whom entitlement is transferred under

24 this section.
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1 ‘‘(h)(1) Not later than January 31, 2002, and each

2 year thereafter, each Secretary of a military department

3 shall submit to the Committees on Armed Services of the

4 Senate and House of Representatives a report on the

5 transfers of entitlement under this section that were ap6 proved by such Secretary during the preceding year.

7 ‘‘(2) Each report shall set forth—

8 ‘‘(A) the number of transfers of entitlement

9 under this section that were approved by such Sec10 retary during the preceding year; or

11 ‘‘(B) if no transfers of entitlement under this

12 section were approved by such Secretary during that

13 year, a justification for such Secretary’s decision not

14 to approve any such transfers of entitlement during

15 that year.’’.

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

17 chapter is amended by inserting after the item relating

18 to section 3019 the following new item:

‘‘3020. Transfer of entitlement to basic educational assistance: members of the

Armed Forces.’’.

19 (b) TREATMENT UNDER DEPARTMENT OF DEFENSE

20 EDUCATION BENEFITS FUND.—Section 2006(b)(2) of

21 title 10, United States Code, is amended by adding at the

22 end the following:

23 ‘‘(D) The present value of the future bene24 fits payable from the Fund as a result of trans-
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1 fers under section 3020 of title 38 of entitle2 ment to basic educational assistance under

3 chapter 30 of title 38.’’

4 (c) PLAN FOR IMPLEMENTATION.—Not later than

5 June 30, 2001, the Secretary of Defense shall submit to

6 Congress a report describing the manner in which the Sec7 retaries of the military departments propose to exercise

8 the authority granted by section 3020 of title 38, United

9 States Code, as added by subsection (a).

10 SEC. 683. PARTICIPATION OF ADDITIONAL MEMBERS OF

11 THE ARMED FORCES IN MONTGOMERY GI

12 BILL PROGRAM.

13 (a) PARTICIPATION AUTHORIZED.—(1) Subchapter

14 II of chapter 30 of title 38, United States Code, as amend15 ed by section 682(a) of this Act, is further amended by

16 inserting after section 3018C the following new section:

17 ‘‘§ 3018D. Opportunity to enroll: certain VEAP par18 ticipants; active duty personnel not pre19 viously enrolled

20 ‘‘(a)(1) Notwithstanding any other provision of law

21 and subject to the provisions of this section, the Secretary

22 concerned may, for the purpose of enhancing recruiting

23 and retention and at such Secretary’s sole discretion, per24 mit an individual described in subsection (b) to elect under
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1 subsection (c) to become entitled to basic educational as2 sistance under this chapter.

3 ‘‘(2) The Secretary concerned may permit an indi4 vidual to elect to become entitled to basic educational as5 sistance under this section only if sufficient funds are

6 available in accordance with this section for purposes of

7 payments by the Secretary of Defense into the Depart8 ment of Defense Education Benefits Fund under section

9 2006 of title 10 with respect to such election.

10 ‘‘(3) An individual who makes an election to become

11 entitled to basic educational assistance under this section

12 shall be entitled to basic educational assistance under this

13 chapter.

14 ‘‘(b) An individual eligible to be permitted to make

15 an election under this section is an individual who—

16 ‘‘(1) either—

17 ‘‘(A)(i) is a participant on the date of the

18 enactment of this section in the educational

19 benefits program provided by chapter 32 of this

20 title; or

21 ‘‘(ii) disenrolled from participation in that

22 program before that date; or

23 ‘‘(B) has made an election under section

24 3011(c)(1) or 3012(d)(1) of this title not to re25 ceive educational assistance under this chapter
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1 and has not withdrawn that election under sec2 tion 3018(a) of this title as of that date;

3 ‘‘(2) is serving on active duty (excluding periods

4 referred to in section 3202(1)(C) of this title in the

5 case of an individual described in paragraph (1)(A))

6 on that date; and

7 ‘‘(3) before applying for benefits under this sec8 tion, has completed the requirements of a secondary

9 school diploma (or equivalency certificate) or has

10 successfully completed the equivalent of 12 semester

11 hours in a program of education leading to a stand12 ard college degree.

13 ‘‘(c) An individual permitted to make an election

14 under this section to become entitled to basic educational

15 assistance under this chapter shall make an irrevocable

16 election to receive benefits under this section in lieu of

17 benefits under chapter 32 of this title or withdraw the

18 election made under section 3011(c)(1) or 3012(d)(1) of

19 this title, as the case may be, pursuant to procedures

20 which the Secretary of each military department shall pro21 vide in accordance with regulations prescribed by the Sec22 retary of Defense for the purpose of carrying out this sec23 tion or which the Secretary of Transportation shall pro24 vide for such purpose with respect to the Coast Guard

25 when it is not operating as a service in the Navy.
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1 ‘‘(d)(1) Except as provided in paragraphs (2) and

2 (3), in the case of an individual who makes an election

3 under this section to become entitled to basic educational

4 assistance under this chapter, the basic pay of the indi5 vidual shall be reduced (in a manner determined by the

6 Secretary of Defense) until the total amount by which

7 such basic pay is reduced is—

8 ‘‘(A) $1,200, in the case of an individual de9 scribed in subsection (b)(1)(A); or

10 ‘‘(B) $1,500, in the case of an individual de11 scribed in subsection (b)(1)(B).

12 ‘‘(2) In the case of an individual previously enrolled

13 in the educational benefits program provided by chapter

14 32 of this title, the total amount of the reduction in basic

15 pay otherwise required by paragraph (1) shall be reduced

16 by an amount equal to so much of the unused contribu17 tions made by the individual to the Post-Vietnam Era Vet18 erans Education Account under section 3222(a) of this

19 title as do not exceed $1,200.

20 ‘‘(3) An individual may at any time pay the Secretary

21 concerned an amount equal to the difference between the

22 total of the reductions otherwise required with respect to

23 the individual under this subsection and the total amount

24 of the reductions made with respect to the individual

25 under this subsection as of the time of the payment.
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1 ‘‘(4) The Secretary concerned shall transfer to the

2 Secretary of Defense amounts retained with respect to in3 dividuals under paragraph (1) and amounts, if any, paid

4 by individuals under paragraph (3).

5 ‘‘(e)(1) An individual who is enrolled in the edu6 cational benefits program provided by chapter 32 of this

7 title and who makes the election described in subsection

8 (c) shall be disenrolled from the program as of the date

9 of such election.

10 ‘‘(2) For each individual who is disenrolled from such

11 program, the Secretary shall transfer to Secretary of De12 fense any amounts in the Post-Vietnam Era Veterans

13 Education Account that are attributable to the individual,

14 including amounts in the Account that are attributable to

15 the individual by reason of contributions made by the Sec16 retary of Defense under section 3222(c) of this title.

17 ‘‘(f) With respect to each individual electing under

18 this section to become entitled to basic educational assist19 ance under this chapter, the Secretary concerned shall

20 transfer to the Secretary of Defense, from appropriations

21 for military personnel that are available for transfer, an

22 amount equal to the difference between—

23 ‘‘(1) the amount required to be paid by the Sec24 retary of Defense into the Department of Defense
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1 Education Benefits Fund with respect to such elec2 tion; and

3 ‘‘(2) the aggregate amount transferred to the

4 Secretary of Defense with respect to the individual

5 under subsections (d) and (e).

6 ‘‘(g) The Secretary of Defense shall utilize amounts

7 transferred to such Secretary under this section for pur8 poses of payments into the Department of Defense Edu9 cation Benefits Fund with respect to the provision of bene10 fits under this chapter for individuals making elections

11 under this section.

12 ‘‘(h)(1) The requirements of sections 3011(a)(3) and

13 3012(a)(3) of this title shall apply to an individual who

14 makes an election under this section, except that the com15 pletion of service referred to in such section shall be the

16 completion of the period of active duty being served by

17 the individual on the date of the enactment of this section.

18 ‘‘(2) The procedures provided in regulations referred

19 to in subsection (c) shall provide for notice of the require20 ments of subparagraphs (B), (C), and (D) of section

21 3011(a)(3) of this title and of subparagraphs (B), (C),

22 and (D) of section 3012(a)(3) of this title. Receipt of such

23 notice shall be acknowledged in writing.

24 ‘‘(i)(1) Not later than January 31, 2002, and each

25 year thereafter, each Secretary concerned shall submit to
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1 the Committees on Armed Services of the Senate and

2 House of Representatives a report on the members of the

3 Armed Forces under the jurisdiction of such Secretary

4 who were permitted to elect to become entitled to basic

5 educational assistance under this section during the pre6 ceding year.

7 ‘‘(2) Each report shall set forth—

8 ‘‘(A) the number of members who were per9 mitted to elect to become entitled to basic edu10 cational assistance under this section during the pre11 ceding year;

12 ‘‘(B) the number of members so permitted who

13 elected to become entitled to basic educational as14 sistance during that year; and

15 ‘‘(C) if no members were so permitted during

16 that year, a justification for such Secretary’s deci17 sion not to permit any members to elect to become

18 so entitled during that year.’’.

19 (2) The table of sections at the beginning of chapter

20 30 of that title, as amended by section 682(a) of this Act,

21 is further amended by inserting after the item relating to

22 section 3018C the following new item:

‘‘3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled.’’.
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1 (b) CONFORMING AMENDMENT.—Section 3015(f) of

2 that title is amended by striking ‘‘or 3018C’’ and inserting

3 ‘‘3018C, or 3018D’’.

4 (c) TREATMENT UNDER DEPARTMENT OF DEFENSE

5 EDUCATION BENEFITS FUND.—Section 2006(b)(2) of

6 title 10, United States Code, as amended by section

7 682(b) of this Act, is further amended by adding at the

8 end the following:

9 ‘‘(E) The present value of the future bene10 fits payable from the Fund as a result of elec11 tions under section 3018D of title 38 of entitle12 ment to basic educational assistance under

13 chapter 30 of title 38.’’.

14 (d) PLANS FOR IMPLEMENTATION.—(1) Not later

15 than June 30, 2001, the Secretary of Defense shall submit

16 to Congress a report describing the manner in which the

17 Secretaries of the military departments propose to exercise

18 the authority granted by section 3018A of title 38, United

19 States Code, as added by subsection (a).

20 (2) Not later than June 30, 2001, the Secretary of

21 Transportation shall submit to Congress a report describ22 ing the manner in which that Secretary proposes to exer23 cise the authority granted by such section 3018A with re24 spect to members of the Coast Guard.
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1 SEC. 684. MODIFICATION OF AUTHORITY TO PAY TUITION

2 FOR OFF-DUTY TRAINING AND EDUCATION.

3 (a) AUTHORITY TO PAY ALL CHARGES.—Section

4 2007 of title 10, United States Code, is amended—

5 (1) by striking subsections (a) and (b) and in6 serting the following new subsections:

7 ‘‘(a) Subject to subsection (b), the Secretary of a

8 military department may pay all or a portion of the

9 charges of an educational institution for the tuition or ex10 penses of a member of the armed forces enrolled in such

11 educational institution for education or training during

12 the member’s off-duty periods.

13 ‘‘(b) In the case of a commissioned officer on active

14 duty, the Secretary of the military department concerned

15 may not pay charges under subsection (a) unless the offi16 cer agrees to remain on active duty for a period of at least

17 two years after the completion of the training or education

18 for which the charges are paid.’’; and

19 (2) in subsection (d)—

20 (A) by striking ‘‘(within the limits set forth

21 in subsection (a))’’ in the matter preceding

22 paragraph (1); and

23 (B) in paragraph (3), by striking ‘‘sub24 section (a)(3)’’ and inserting ‘‘subsection (b)’’.

25 (b) USE OF ENTITLEMENT TO ASSISTANCE UNDER

26 MONTGOMERY GI BILL FOR PAYMENT OF CHARGES.—(1)
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1 That section is further amended by adding at the end the

2 following new subsection:

3 ‘‘(e)(1) A member of the armed forces who is entitled

4 to basic educational assistance under chapter 30 of title

5 38 may use such entitlement for purposes of paying any

6 portion of the charges described in subsection (a) or (c)

7 that are not paid for by the Secretary of the military de8 partment concerned under such subsection.

9 ‘‘(2) The use of entitlement under paragraph (1)

10 shall be governed by the provisions of section 3014(b) of

11 title 38.’’.

12 (2) Section 3014 of title 38, United States Code, is

13 amended—

14 (A) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;

15 and

16 (B) by adding at the end the following new sub17 section:

18 ‘‘(b)(1) In the case of an individual entitled to basic

19 educational assistance who is pursuing education or train20 ing described in subsection (a) or (c) of section 2007 of

21 title 10, the Secretary shall, at the election of the indi22 vidual, pay the individual a basic educational assistance

23 allowance to meet all or a portion of the charges of the

24 educational institution for the education or training that
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1 are not paid by the Secretary of the military department

2 concerned under such subsection.

3 ‘‘(2)(A) The amount of the basic educational assist4 ance allowance payable to an individual under this sub5 section for a month shall be the amount of the basic edu6 cational assistance allowance to which the individual would

7 be entitled for the month under section 3015 of this title

8 (without regard to subsection (g) of that section) were

9 payment made under that section instead of under this

10 subsection.

11 ‘‘(B) The maximum number of months for which an

12 individual may be paid a basic educational assistance al13 lowance under paragraph (1) is 36.’’.

14 (3) Section 3015 of title 38, United States Code, is

15 amended—

16 (A) by striking ‘‘subsection (g)’’ each place it

17 appears in subsections (a) and (b);

18 (B) by redesignating subsection (g) as sub19 section (h); and

20 (C) by inserting after subsection (f) the fol21 lowing new subsection (g):

22 ‘‘(g) In the case of an individual who has been paid

23 a basic educational assistance allowance under section

24 3014(b) of this title, the rate of the basic educational as25 sistance allowance applicable to the individual under this
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1 section shall be the rate otherwise applicable to the indi2 vidual under this section reduced by an amount equal to—

3 ‘‘(1) the aggregate amount of such allowances

4 paid the individual under such section 3014(b); di5 vided by

6 ‘‘(2) 36.’’.

7 SEC. 685. MODIFICATION OF TIME FOR USE BY CERTAIN

8 MEMBERS OF SELECTED RESERVE OF ENTI9 TLEMENT TO CERTAIN EDUCATIONAL AS10 SISTANCE.

11 Section 16133(b) of title 10, United States Code, is

12 amended by adding at the end the following new para13 graph:

14 ‘‘(5)(A) In the case of a person who continues to

15 serve as member of the Selected Reserve as of the end

16 of the 10-year period applicable to the person under sub17 section (a), as extended, if at all, under paragraph (4),

18 the period during which the person may use the person’s

19 entitlement shall expire at the end of the 5-year period

20 beginning on the date the person is separated from the

21 Selected Reserve.

22 ‘‘(B) The provisions of paragraph (4) shall apply with

23 respect to any period of active duty of a person referred

24 to in subparagraph (A) during the 5-year period referred

25 to in that subparagraph.’’.
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1 Subtitle G—Additional Benefits For

2 Reserves and Their Dependents

3 SEC. 691. SENSE OF CONGRESS.

4 It is the sense of Congress that it is in the national

5 interest for the President to provide the funds for the re6 serve components of the Armed Forces (including the Na7 tional Guard and Reserves) that are sufficient to ensure

8 that the reserve components meet the requirements speci9 fied for the reserve components in the National Military

10 Strategy, including training requirements.

11 SEC. 692. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.

12 (a) SPACE-REQUIRED TRAVEL FOR TRAVEL TO

13 DUTY STATIONS INCONUS AND OCONUS.—(1) Sub14 section (a) of section 18505 of title 10, United States

15 Code, is amended to read as follows:

16 ‘‘(a) A member of a reserve component traveling to

17 a place of annual training duty or inactive-duty training

18 (including a place other than the member’s unit training

19 assembly if the member is performing annual training

20 duty or inactive-duty training in another location) may

21 travel in a space-required status on aircraft of the armed

22 forces between the member’s home and the place of such

23 duty or training.’’.

24 (2) The heading of such section is amended to read

25 as follows:
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1 ‘‘§ 18505. Reserves traveling to annual training duty

2 or inactive-duty training: authority for

3 space-required travel’’.

4 (b) SPACE-AVAILABLE TRAVEL FOR MEMBERS OF

5 SELECTED RESERVE AND DEPENDENTS.—Chapter 1805

6 of such title is amended by adding at the end the following

7 new section:

8 ‘‘§ 18506. Space-available travel: Selected Reserve

9 members and dependents

10 ‘‘(a) ELIGIBILITY FOR SPACE-AVAILABLE TRAVEL.—

11 The Secretary of Defense shall prescribe regulations to

12 allow persons described in subsection (b) to receive trans13 portation on aircraft of the Department of Defense on a

14 space-available basis under the same terms and conditions

15 (including terms and conditions applicable to travel out16 side the United States) as apply to members of the armed

17 forces entitled to retired pay.

18 ‘‘(b) PERSONS ELIGIBLE.—Subsection (a) applies to

19 a person who is a member of the Selected Reserve in good

20 standing (as determined by the Secretary concerned) or

21 who is a participating member of the Individual Ready Re22 serve of the Navy or Coast Guard in good standing (as

23 determined by the Secretary concerned).

24 ‘‘(c) DEPENDENTS.—A dependent of a person de25 scribed in subsection (b) shall be provided transportation
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1 under this section on the same basis as dependents of

2 members of the armed forces entitled to retired pay.

3 ‘‘(d) LIMITATION ON REQUIRED IDENTIFICATION.—

4 Neither the ‘Authentication of Reserve Status for Travel

5 Eligibility’ form (DD Form 1853), nor or any other form,

6 other than the presentation of military identification and

7 duty orders upon request, or other methods of identifica8 tion required of active duty personnel, shall be required

9 of reserve component personnel using space-available

10 transportation within or outside the continental United

11 States under this section.’’.

12 (c) CLERICAL AMENDMENTS.—The table of sections

13 at the beginning of such chapter is amended by striking

14 the item relating to section 18505 and inserting the fol15 lowing new items:

‘‘18505. Reserves traveling to annual training duty or inactive-duty training: authority for space-required travel.

‘‘18506. Space-available travel: Selected Reserve members and dependents.’’.

16 (d) IMPLEMENTING REGULATIONS.—Regulations

17 under section 18506 of title 10, United States Code, as

18 added by subsection (b), shall be prescribed not later than

19 180 days after the date of the enactment of this Act.

20 SEC. 693. BILLETING SERVICES FOR RESERVE MEMBERS

21 TRAVELING FOR INACTIVE DUTY TRAINING.

22 (a) IN GENERAL.—(1) Chapter 1217 of title 10,

23 United States Code, is amended by inserting after section

24 12603 the following new section:
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1 ‘‘§ 12604. Billeting in Department of Defense facili2 ties: Reserves attending inactive-duty

3 training

4 ‘‘(a) AUTHORITY FOR BILLETING ON SAME BASIS AS

5 ACTIVE DUTY MEMBERS TRAVELING UNDER ORDERS.—

6 The Secretary of Defense shall prescribe regulations au7 thorizing a Reserve traveling to inactive-duty training at

8 a location more than 50 miles from that Reserve’s resi9 dence to be eligible for billeting in Department of Defense

10 facilities on the same basis and to the same extent as a

11 member of the armed forces on active duty who is trav12 eling under orders away from the member’s permanent

13 duty station.

14 ‘‘(b) PROOF OF REASON FOR TRAVEL.—The Sec15 retary shall include in the regulations the means for con16 firming a Reserve’s eligibility for billeting under sub17 section (a).’’.

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

19 chapter is amended by inserting after the item relating

20 to section 12603 the following new item:

‘‘12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty training.

21 (b) EFFECTIVE DATE.—Section 12604 of title 10,

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

23 apply with respect to periods of inactive-duty training be-
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1 ginning more than 180 days after the date of the enact2 ment of this Act.

3 SEC. 694. INCREASE IN MAXIMUM NUMBER OF RESERVE

4 RETIREMENT POINTS THAT MAY BE CRED5 ITED IN ANY YEAR.

6 Section 12733(3) of title 10, United States Code, is

7 amended by striking ‘‘but not more than’’ and all that

8 follows and inserting ‘‘but not more than—

9 ‘‘(A) 60 days in any one year of service be10 fore the year of service that includes September

11 23, 1996;

12 ‘‘(B) 75 days in the year of service that in13 cludes September 23, 1996, and in any subse14 quent year of service before the year of service

15 that includes the date of the enactment of the

16 National Defense Authorization Act for Fiscal

17 Year 2001; and

18 ‘‘(C) 90 days in the year of service that in19 cludes the date of the enactment of the Na20 tional Defense Authorization Act for Fiscal

21 Year 2001 and in any subsequent year of serv22 ice.’’.
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1 SEC. 695. AUTHORITY FOR PROVISION OF LEGAL SERVICES

2 TO RESERVE COMPONENT MEMBERS FOL3 LOWING RELEASE FROM ACTIVE DUTY.

4 (a) LEGAL SERVICES.—Section 1044(a) of title 10,

5 United States Code, is amended—

6 (1) by redesignating paragraph (4) as para7 graph (5); and

8 (2) by inserting after paragraph (3) the fol9 lowing new paragraph (4):

10 ‘‘(4) Members of reserve components of the

11 armed forces not covered by paragraph (1) or (2)

12 following release from active duty under a call or

13 order to active duty for more than 30 days issued

14 under a mobilization authority (as determined by the

15 Secretary of Defense), but only during the period

16 that begins on the date of the release and is equal

17 to at least twice the length of the period served on

18 active duty under such call or order to active duty.’’.

19 (b) DEPENDENTS.—Paragraph (5) of such section,

20 as redesignated by subsection (a)(1), is amended by strik21 ing ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’.

22 (c) IMPLEMENTING REGULATIONS.—Regulations to

23 implement the amendments made by this section shall be

24 prescribed not later than 180 days after the date of the

25 enactment of this Act.
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1 TITLE VII—HEALTH CARE

2 Subtitle A—Senior Health Care

3 SEC. 701. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS

4 UPON THE ATTAINMENT OF 65 YEARS OF

5 AGE.

6 (a) ELIGIBILITY OF MEDICARE ELIGIBLE PER7 SONS.—Section 1086(d) of title 10, United States Code,

8 is amended—

9 (1) by striking paragraph (2) and inserting the

10 following:

11 ‘‘(2) The prohibition contained in paragraph (1) shall

12 not apply to a person referred to in subsection (c) who—

13 ‘‘(A) is enrolled in the supplementary medical

14 insurance program under part B of such title (42

15 U.S.C. 1395j et seq.); and

16 ‘‘(B) in the case of a person under 65 years of

17 age, is entitled to hospital insurance benefits under

18 part A of title XVIII of the Social Security Act pur19 suant to subparagraph (A) or (C) of section

20 226(b)(2) of such Act (42 U.S.C. 426(b)(2)) or sec21 tion 226A(a) of such Act (42 U.S.C. 426–1(a)).’’;

22 and

23 (2) in paragraph (4), by striking ‘‘paragraph

24 (1) who satisfy only the criteria specified in subpara25 graphs (A) and (B) of paragraph (2), but not sub-
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1 paragraph (C) of such paragraph,’’ and inserting

2 ‘‘subparagraph (B) of paragraph (2) who do not sat3 isfy the condition specified in subparagraph (A) of

4 such paragraph’’.

5 (b) EXTENSION OF TRICARE SENIOR PRIME DEM6 ONSTRATION PROGRAM.—Paragraph (4) of section

7 1896(b) of the Social Security Act (42 U.S.C.

8 1395ggg(b)) is amended by striking ‘‘3-year period begin9 ning on January 1, 1998’’ and inserting ‘‘period beginning

10 on January 1, 1998, and ending on December 31, 2001’’.

11 (c) EFFECTIVE DATES.—(1) The amendments made

12 by subsection (a) shall take effect on October 1, 2001.

13 (2) The amendment made by subsection (b) shall take

14 effect on the date of the enactment of this Act.

15 (d) ADJUSTMENT FOR BUDGET-RELATED RESTRIC16 TIONS.—Effective on October 1, 2003, section 1086(d)(2)

17 of title 10, United States Code, as amended by subsection

18 (a), is further amended by striking ‘‘in the case of a per19 son under 65 years of age,’’ and inserting ‘‘is under 65

20 years of age and’’.
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1 Subtitle B—TRICARE Program

2 SEC. 711. ADDITIONAL BENEFICIARIES UNDER TRICARE

3 PRIME REMOTE PROGRAM IN CONUS.

4 (a) COVERAGE OF OTHER UNIFORMED SERVICES.—

5 (1) Section 1074(c) of title 10, United States Code, is

6 amended—

7 (A) by striking ‘‘armed forces’’ each place it ap8 pears, except in paragraph (3)(A), and inserting

9 ‘‘uniformed services’’;

10 (B) in paragraph (1), by inserting after ‘‘mili11 tary department’’ in the first sentence the following:

12 ‘‘, the Department of Transportation (with respect

13 to the Coast Guard when it is not operating as a

14 service in the Navy), or the Department of Health

15 and Human Services (with respect to the National

16 Oceanic and Atmospheric Administration and the

17 Public Health Service)’’;

18 (C) in paragraph (2), by adding at the end the

19 following:

20 ‘‘(C) The Secretary of Defense shall consult

21 with the other administering Secretaries in the ad22 ministration of this paragraph.’’; and

23 (D) in paragraph (3)(A), by striking ‘‘The Sec24 retary of Defense may not require a member of the

25 armed forces described in subparagraph (B)’’ and
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1 inserting ‘‘A member of the uniformed services de2 scribed in subparagraph (B) may not be required’’.

3 (2)(A) Subsections (b), (c), and (d)(3) of section 731

4 of the National Defense Authorization Act for Fiscal Year

5 1998 (Public Law 105–85; 111 Stat. 1811; 10 U.S.C.

6 1074 note) are amended by striking ‘‘Armed Forces’’ and

7 inserting ‘‘uniformed services’’.

8 (B) Subsection (b) of such section is further amended

9 by adding at the end the following:

10 ‘‘(4) The Secretary of Defense shall consult with the

11 other administering Secretaries in the administration of

12 this subsection.’’.

13 (C) Subsection (f) of such section is amended by add14 ing at the end the following:

15 ‘‘(3) The terms ‘uniformed services’ and ‘ad16 ministering Secretaries’ have the meanings given

17 those terms in section 1072 of title 10, United

18 States Code.’’.

19 (3) Section 706(b) of the National Defense Author20 ization Act for Fiscal Year 2000 (Public Law 106–65; 113

21 Stat. 684) is amended by striking ‘‘Armed Forces’’ and

22 inserting ‘‘uniformed services (as defined in section

23 1072(1) of title 10, United States Code)’’.
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1 (b) COVERAGE OF IMMEDIATE FAMILY.—(1) Section

2 1079 of title 10, United States Code, is amended by add3 ing at the end the following:

4 ‘‘(p)(1) Subject to such exceptions as the Secretary

5 of Defense considers necessary, coverage for medical care

6 under this section for the dependents referred to in sub7 section (a) of a member of the uniformed services referred

8 to in section 1074(c)(3) of this title who are residing with

9 the member, and standards with respect to timely access

10 to such care, shall be comparable to coverage for medical

11 care and standards for timely access to such care under

12 the managed care option of the TRICARE program known

13 as TRICARE Prime.

14 ‘‘(2) The Secretary of Defense shall enter into ar15 rangements with contractors under the TRICARE pro16 gram or with other appropriate contractors for the timely

17 and efficient processing of claims under this subsection.

18 ‘‘(3) The Secretary of Defense shall consult with the

19 other administering Secretaries in the administration of

20 this subsection.’’.

21 (2) Section 731(b) of the National Defense Author22 ization Act for Fiscal Year 1998 (Public Law 105–85; 111

23 Stat. 1811; 10 U.S.C. 1074 note) is amended—

24 (A) in paragraph (1), by adding at the end the

25 following: ‘‘A dependent of the member, as described
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1 in subparagraph (A), (D), or (I) of section 1072(2)

2 of title 10, United States Code, who is residing with

3 the member shall have the same entitlement to care

4 and to waiver of charges as the member.’’; and

5 (B) in paragraph (2), by inserting ‘‘or depend6 ent of the member, as the case may be,’’ after ‘‘(2)

7 A member’’.

8 (c) EFFECTIVE DATE.—(1) The amendments made

9 by subsection (a)(2), with respect to members of the uni10 formed services, and the amendments made by subsection

11 (b)(2), with respect to dependents of members, shall take

12 effect on the date of the enactment of this Act and shall

13 expire with respect to a member or the dependents of a

14 member, respectively, on the later of the following:

15 (A) The date that is one year after the date of

16 the enactment of this Act.

17 (B) The date on which the amendments sub18 section (a)(1) or (b)(1) apply with respect to the

19 coverage of medical care for and provision of such

20 care to the member or dependents, respectively.

21 (2) Section 731(b)(3) of Public Law 105–85 does not

22 apply to a member of the Coast Guard, the National Oce23 anic and Atmospheric Administration, or the Commis24 sioned Corps of the Public Health Service, or to a depend25 ent of a member of a uniformed service.
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1 SEC. 712. ELIMINATION OF COPAYMENTS FOR IMMEDIATE

2 FAMILY.

3 (a) NO COPAYMENT FOR IMMEDIATE FAMILY.—Sec4 tion 1097a of title 10, United States Code, is amended—

5 (1) by redesignating subsection (e) as sub6 section (f); and

7 (2) by inserting after subsection (d) the fol8 lowing new subsection (e):

9 ‘‘(e) NO COPAYMENT FOR IMMEDIATE FAMILY.—No

10 copayment shall be charged a member for care provided

11 under TRICARE Prime to a dependent of a member of

12 the uniformed services described in subparagraph (A),

13 (D), or (I) of section 1072 of this title.’’.

14 (b) EFFECTIVE DATE.—The amendments made by

15 subsection (a) shall take effect on October 1, 2000, and

16 shall apply with respect to care provided on or after that

17 date.

18 SEC. 713. IMPROVEMENT IN BUSINESS PRACTICES IN THE

19 ADMINISTRATION OF THE TRICARE PRO20 GRAM.

21 (a) REQUIREMENT.—Not later than October 1, 2001,

22 the Secretary of Defense shall take actions that the Sec23 retary considers appropriate to improve the business prac24 tices used in administering the access of eligible persons

25 to health care services through the TRICARE program
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1 under chapter 55 of title 10, United States Code, includ2 ing the practices relating to the following:

3 (1) The availability and scheduling of appoint4 ments.

5 (2) The filing, processing, and payment of

6 claims.

7 (3) Public relations efforts that are focused on

8 outreach to eligible persons.

9 (4) The continuation of enrollments without ex10 piration.

11 (5) The portability of enrollments nationwide.

12 (b) CONSULTATION.—The Secretary of Defense shall

13 consult with the other administering Secretaries in the de14 velopment of the actions to be taken under subsection (a).

15 (c) REPORT.—Not later than March 15, 2001, the

16 Secretary of Defense shall submit to the Committees on

17 Armed Services of the Senate and House of Representa18 tives a report on the actions to be taken under subsection

19 (a).

20 (d) DEFINITIONS.—In this section the terms ‘‘admin21 istering Secretaries’’ and ‘‘TRICARE program’’ shall have

22 the meanings given such terms in section 1072 of title 10,

23 United States Code.
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1 SEC. 714. IMPROVEMENT OF ACCESS TO HEALTH CARE

2 UNDER THE TRICARE PROGRAM.

3 (a) WAIVER OF NONAVAILABILITY STATEMENT OR

4 PREAUTHORIZATION.—In the case of a covered beneficiary

5 under chapter 55 of title 10, United States Code, who is

6 enrolled in TRICARE Standard, the Secretary of Defense

7 may not require with regard to authorized health care

8 services (other than mental health services) under any new

9 contract for the provision of health care services under

10 such chapter that the beneficiary—

11 (1) obtain a nonavailability statement or

12 preauthorization from a military medical treatment

13 facility in order to receive the services from a civilian

14 provider; or

15 (2) obtain a nonavailability statement for care

16 in specialized treatment facilities outside the 200-

17 mile radius of a military medical treatment facility.

18 (b) NOTICE.—The Secretary may require that the

19 covered beneficiary inform the primary care manager of

20 the beneficiary of any health care received from a civilian

21 provider or in a specialized treatment facility.

22 (c) EXCEPTIONS.—Subsection (a) shall not apply if—

23 (1) the Secretary demonstrates significant cost

24 avoidance for specific procedures at the affected

25 military medical treatment facilities;
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1 (2) the Secretary determines that a specific

2 procedure must be maintained at the affected mili3 tary medical treatment facility to ensure the pro4 ficiency levels of the practitioners at the facility; or

5 (3) the lack of nonavailability statement data

6 would significantly interfere with TRICARE con7 tract administration.

8 (d) EFFECTIVE DATE.—This section shall take effect

9 on October 1, 2001.

10 SEC. 715. ENHANCEMENT OF ACCESS TO TRICARE IN

11 RURAL STATES.

12 (a) HIGHER MAXIMUM ALLOWABLE CHARGE.—Sec13 tion 1079(h) of title 10, United States Code, is

14 amended—

15 (1) in paragraph (1), by striking ‘‘paragraphs

16 (2) and (3)’’ in the first sentence and inserting

17 ‘‘paragraphs (2), (3), and (4)’’;

18 (2) by redesignating paragraph (4) as para19 graph (5);

20 (3) by inserting after paragraph (3) the fol21 lowing new paragraph (4):

22 ‘‘(4)(A) The amount payable for a charge for a serv23 ice provided by an individual health care professional or

24 other noninstitutional health care provider in a rural State

25 for which a claim is submitted under a plan contracted
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1 for under subsection (a) shall be equal to 80 percent of

2 the customary and reasonable charge for services of that

3 type when provided by such a professional or other pro4 vider, as the case may be, in that State.

5 ‘‘(B) A customary and reasonable charge shall be de6 termined for the purposes of subparagraph (A) under reg7 ulations prescribed by the Secretary of Defense in con8 sultation with the other administering Secretaries. In pre9 scribing the regulations, the Secretary may also consult

10 with the Administrator of the Health Care Financing Ad11 ministration of the Department of Health and Human

12 Services.’’; and

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

14 ‘‘(6) In this subsection the term ‘rural State’ means

15 a State that has, on average, as determined by the Bureau

16 of the Census in the latest decennial census—

17 ‘‘(A) less than 76 residents per square mile;

18 and

19 ‘‘(B) less than 211 actively practicing physi20 cians (not counting physicians employed by the

21 United States) per 100,000 residents.’’.

22 (b) REPORT.—(1) Not later than 180 days after the

23 date of the enactment of this Act, the Secretary of Defense

24 shall submit to the Committees on Armed Services of the

25 Senate and the House of Representatives a report on the
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1 extent to which physicians are choosing not to participate

2 in contracts for the furnishing of health care in rural

3 States under chapter 55 of title 10, United States Code.

4 (2) The report shall include the following:

5 (A) The number of physicians in rural States

6 who are withdrawing from participation, or other7 wise refusing to participate, in the health care con8 tracts.

9 (B) The reasons for the withdrawals and refus10 als.

11 (C) The actions that the Secretary of Defense

12 can take to encourage more physicians to participate

13 in the health care contracts.

14 (D) Any recommendations for legislation that

15 the Secretary considers necessary to encourage more

16 physicians to participate in the health care con17 tracts.

18 (3) In this subsection, the term ‘‘rural State’’ has the

19 meaning given that term in section 1079(h)(6) of title 10,

20 United States Code (as added by subsection (a)).
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1 Subtitle C—Joint Initiatives With

2 Department of Veterans Affairs

3 SEC. 721. TRACKING PATIENT SAFETY IN MILITARY AND

4 VETERANS HEALTH CARE SYSTEMS.

5 (a) CENTRALIZED TRACKING PROCESS.—The Sec6 retary of Defense and the Secretary of Veterans Affairs

7 shall jointly prescribe a centralized process for the report8 ing, compiling, and analysis of errors in the provision of

9 health care under the Defense Health Program and the

10 Department of Veterans Affairs health care system that

11 endanger patients beyond the normal risks associated with

12 the care and treatment of the patients.

13 (b) SAFETY INDICATORS, ET CETERA.—The process

14 shall include such indicators, standards, and protocols as

15 the Secretary of Defense and the Secretary of Veterans

16 Affairs consider necessary for the establishment and ad17 ministration of an effective process.

18 SEC. 722. PHARMACEUTICAL IDENTIFICATION TECH19 NOLOGY.

20 (a) BAR CODE IDENTIFICATION TECHNOLOGY.—The

21 Secretary of Defense and the Secretary of Veterans Af22 fairs shall jointly develop a system for the use of bar codes

23 for the identification of pharmaceuticals.

24 (b) USE IN MAIL ORDER PHARMACEUTICALS PRO25 GRAM.—The Secretary of Defense, in consultation with
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1 the Secretary of Veterans Affairs, shall experiment with

2 the use of bar code identification of pharmaceuticals in

3 the administration of the mail order pharmaceuticals pro4 gram carried out under section 1110(a) of title 10, United

5 States Code (as added by section 731).

6 SEC. 723. MEDICAL INFORMATICS.

7 (a) ADDITION MATTERS FOR ANNUAL REPORT ON

8 MEDICAL INFORMATICS ADVISORY COMMITTEE.—Section

9 723(d)(5) of the National Defense Authorization Act for

10 Fiscal Year 2000 (Public Law 106–65; 113 Stat. 697; 10

11 U.S.C. 1071 note) is amended to read as follows:

12 ‘‘(5) The Secretary of Defense shall submit to Con13 gress an annual report on medical informatics. The report

14 shall include a discussion of the following matters:

15 ‘‘(A) The activities of the Committee.

16 ‘‘(B) The coordination of development, deploy17 ment, and maintenance of health care informatics

18 systems within the Federal Government, and be19 tween the Federal Government and the private sec20 tor.

21 ‘‘(C) The progress or growth occurring in med22 ical informatics.

23 ‘‘(D) How the TRICARE program and the De24 partment of Veterans Affairs health care system can

25 use the advancement of knowledge in medical
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1 informatics to raise the standards of health care and

2 treatment and the expectations for improving health

3 care and treatment.’’.

4 (b) FISCAL YEAR 2001 FUNDING FOR PHARMA5 CEUTICALS-RELATED MEDICAL INFORMATICS.—Of the

6 amount authorized to be appropriated under section

7 301(22)—

8 (1) $64,000,000 is available for the commence9 ment of the implementation of a new computerized

10 medical record, including an automated entry order

11 system for pharmaceuticals, that makes all relevant

12 clinical information on a patient under the Defense

13 Health Program available when and where it is

14 needed; and

15 (2) $9,000,000 is available for the implementa16 tion of an integrated pharmacy system under the

17 Defense Health Program that creates a single profile

18 for all of the prescription medications a patient

19 takes, regardless of whether the prescriptions for

20 those medications were filled at military or private

21 pharmacies serving Department of Defense bene22 ficiaries worldwide.
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1 Subtitle D—Other Matters

2 SEC. 731. PERMANENT AUTHORITY FOR CERTAIN PHARMA3 CEUTICAL BENEFITS.

4 (a) AUTHORITY.—(1) Chapter 55 of title 10, United

5 States Code, is amended by adding at the end the fol6 lowing:

7 ‘‘§ 1110. Pharmaceutical benefits

8 ‘‘(a) PHARMACEUTICALS BY MAIL.—The Secretary of

9 Defense shall carry out a program to provide eligible per10 sons with prescription pharmaceuticals by mail.

11 ‘‘(b) RETAIL PHARMACY NETWORK.—To the max12 imum extent practicable, the Secretary of Defense shall

13 include in each managed health care program under this

14 chapter, a program to supply prescription pharmaceuticals

15 to eligible persons through a managed care network of

16 community retail pharmacies in the area covered by the

17 managed health care program.

18 ‘‘(c) ELIGIBLE PERSONS.—A person is eligible to ob19 tain pharmaceuticals under the program of pharma20 ceuticals by mail under subsection (a) or through a retail

21 pharmacy network included in a managed health care pro22 gram under subsection (b) as follows:

23 ‘‘(1) A person who is eligible for medical care

24 under a contract for medical care entered into by the
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1 Secretary of Defense under section 1079 or 1086 of

2 this title.

3 ‘‘(2) A person who would be eligible for medical

4 care under a contract for medical care entered into

5 under section 1086 of this title except for the oper6 ation of subsection (d)(1) of such section.

7 ‘‘(d) PHARMACEUTICALS OFFERED.—The Secretary

8 of Defense shall determine the pharmaceuticals that may

9 be obtained by eligible persons under subsection (a) or (b).

10 ‘‘(e) FEES.—The Secretary of Defense shall prescribe

11 an appropriate fee, charge, or copayment to be paid by

12 persons for pharmaceuticals obtained under subsection (a)

13 or (b).

14 ‘‘(f) CONSULTATION REQUIREMENT.—The Secretary

15 of Defense shall consult with the other administering Sec16 retaries in the administration of this section.’’.

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

18 chapter is amended by adding at the end the following:

‘‘1110. Pharmaceutical benefits.’’.

19 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section

20 702 of the National Defense Authorization Act for Fiscal

21 Year 1993 (Public Law 102–484; 106 Stat. 2431; 10

22 U.S.C. 1079 note) is repealed.

23 (c) EFFECTIVE DATE.—This section and the amend24 ments made by this section shall take effect on January

25 1, 2001.
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1 SEC. 732. PROVISION OF DOMICILIARY AND CUSTODIAL

2 CARE FOR CHAMPUS BENEFICIARIES.

3 (a) CONTINUATION OF CARE FOR CERTAIN

4 CHAMPUS BENEFICIARIES.—Section 703(a)(1) of the

5 National Defense Authorization Act for Fiscal Year 2000

6 (Public Law 106–65; 113 Stat. 682; 10 U.S.C. 1077 note)

7 is amended by inserting before the period at the end the

8 following: ‘‘or by the prohibition in section 1086(d)(1) of

9 such title’’.

10 (b) COST LIMITATION FOR INDIVIDUAL CASE MAN11 AGEMENT PROGRAM.—(1) Section 1079(a)(17) of title 10,

12 United States Code, is amended—

13 (A) by inserting ‘‘(A)’’ after ‘‘(17)’’; and

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

15 ‘‘(B) The total amount expended under sub16 paragraph (A) for a fiscal year may not exceed

17 $100,000,000.’’.

18 (2) Section 703 of the National Defense Authoriza19 tion Act for Fiscal Year 2000 is amended by adding at

20 the end the following:

21 ‘‘(e) COST LIMITATION.—The total amount paid for

22 services for eligible beneficiaries under subsection (a) for

23 a fiscal year (together with the costs of administering the

24 authority under that subsection) shall be included in the

25 expenditures limited by section 1079(a)(17)(B) of title 10,

26 United States Code.’’.
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1 (c) APPLICABILITY OF COST LIMITATION.—The

2 amendments made by subsection (b) shall apply to fiscal

3 years after fiscal year 1999.

4 SEC. 733. MEDICAL AND DENTAL CARE FOR MEDAL OF

5 HONOR RECIPIENTS AND THEIR DEPEND6 ENTS.

7 (a) MEDAL RECIPIENTS.—Section 1074 of title 10,

8 United States Code, is amended by adding at the end the

9 following:

10 ‘‘(d)(1) A medal of honor recipient is entitled to med11 ical and dental care under this chapter to the same extent

12 as a person referred to in subsection (b).

13 ‘‘(2) In this subsection, the term ‘medal of honor re14 cipient’ means a person awarded a medal of honor under

15 section 3741, 6241, or 8741 of this title, or section 491

16 of title 14.’’.

17 (b) DEPENDENTS.—Section 1076 of such title is

18 amended by adding at the end the following:

19 ‘‘(f)(1) The immediate dependents of a medal of

20 honor recipient are entitled to medical and dental care

21 under this chapter to the same extent as a person referred

22 to in subsection (b).

23 ‘‘(2) In this subsection:
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1 ‘‘(A) The term ‘medal of honor recipient’ has

2 the meaning given the term in section 1074(d)(2) of

3 this title.

4 ‘‘(B) The term ‘immediate dependent’ means a

5 dependent described in subparagraphs (A), (B), (C),

6 and (D) of section 1072(2) of this title.’’.

7 SEC. 734. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS

8 FOR CERTAIN MINOR DEPENDENTS.

9 Section 1076 of title 10, United States Code, as

10 amended by section 733(b), is further amended by adding

11 at the end the following:

12 ‘‘(g)(1) The administering Secretaries shall furnish

13 an eligible dependent a physical examination that is re14 quired by a school in connection with the enrollment of

15 the dependent as a student in that school.

16 ‘‘(2) A dependent is eligible for a physical examina17 tion under paragraph (1) if the dependent—

18 ‘‘(A) is entitled to receive medical care under

19 subsection (a) or is authorized to receive medical

20 care under subsection (b); and

21 ‘‘(B) is at least 5 years of age and less than 12

22 years of age.

23 ‘‘(3) Nothing in paragraph (2) may be construed to

24 prohibit the furnishing of a school-required physical exam25 ination to any dependent who, except for not satisfying
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1 the age requirement under that paragraph, would other2 wise be eligible for a physical examination required to be

3 furnished under this subsection.’’.

4 SEC. 735. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL

5 BENEFITS FOR SURVIVING DEPENDENTS OF

6 CERTAIN DECEASED MEMBERS.

7 (a) DENTAL BENEFITS.—Section 1076a(k)(2) of title

8 10, United States Code, is amended by striking ‘‘one-year

9 period’’ and inserting ‘‘three-year period’’.

10 (b) MEDICAL BENEFITS.—Section 1079(g) of title

11 10, United States Code, is amended by striking ‘‘one-year

12 period’’ in the second sentence and inserting ‘‘three-year

13 period’’.

14 SEC. 736. EXTENSION OF AUTHORITY FOR CONTRACTS FOR

15 MEDICAL SERVICES AT LOCATIONS OUTSIDE

16 MEDICAL TREATMENT FACILITIES.

17 Section 1091(a)(2) of title 10, United States Code,

18 is amended by striking ‘‘December 31, 2000’’ and insert19 ing ‘‘September 30, 2002’’.

20 SEC. 737. TRANSITION OF CHIROPRACTIC HEALTH CARE

21 DEMONSTRATION PROGRAM TO PERMANENT

22 STATUS.

23 (a) TRICARE PRIME BENEFITS.—The Secretary of

24 Defense shall complete the development and implementa25 tion of a program to provide chiropractic health care serv-
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1 ices and benefits for all TRICARE Prime enrollees as a

2 permanent part of the military health care system for the

3 enrollees in that plan, as follows:

4 (1) At the military medical treatment facilities

5 designated pursuant to section 731(a)(2)(A) of the

6 National Defense Authorization Act for Fiscal Year

7 1995 (Public Law 103–337; 10 U.S.C. 1092 note),

8 not later than 180 days after the date of the enact9 ment of this Act.

10 (2) At the other military medical treatment fa11 cilities considered by the Secretary of Defense to be

12 major military medical treatment facilities, not later

13 than October 1, 2001.

14 (b) PRIMARY CARE MANAGEMENT.—The Secretary

15 shall ensure that the primary care manager model, which

16 requires referral by a primary care manager, is used for

17 providing the chiropractic health care services and benefits

18 under the program referred to in subsection (a).

19 (c) CONTINUATION OF EXISTING CHIROPRACTIC

20 BENEFITS.—Section 731(a)(4) of the National Defense

21 Authorization Act for Fiscal Year 1995 is amended—

22 (1) by striking ‘‘During fiscal year 2000, the’’

23 and inserting ‘‘The’’; and

24 (2) by adding at the end the following: ‘‘The re25 quirement under the preceding sentence shall cease
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1 to apply with respect to a military medical treatment

2 facility on the date on which the Secretary of De3 fense completes the implementation of a program to

4 provide chiropractic health care services and benefits

5 at that facility for all TRICARE Prime enrollees as

6 a permanent part of the military health care system

7 for the enrollees in that plan.’’.

8 SEC. 738. USE OF INFORMATION TECHNOLOGY FOR EN9 HANCEMENT OF DELIVERY OF ADMINISTRA10 TIVE SERVICES UNDER THE DEFENSE

11 HEALTH PROGRAM.

12 (a) REQUIREMENT.—The Secretary of Defense shall

13 take the actions that the Secretary determines necessary

14 to use, in at least one TRICARE program region, com15 mercially available information technology systems and

16 products to simplify the critical administrative processes

17 of the defense health program (including TRICARE), to

18 enhance the efficiency of the performance of administra19 tive services under the program, to match commercially

20 recognized standards of performance of the services, and

21 otherwise to improve the performance of the services.

22 (b) IMPLEMENTATION.—In carrying out subsection

23 (a), the Secretary shall ensure that—
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1 (1) the use of Internet technology is incor2 porated into the processes referred to in that sub3 section; and

4 (2) conversions to new or different computer

5 technologies incorporate data requirements that are

6 widely used in the marketplace (including those used

7 by medicare or commercial insurers) for the per8 formance of administrative services.

9 (c) ADMINISTRATIVE SERVICES DEFINED.—In this

10 section, the term ‘‘administrative services’’ includes the

11 performance of the following functions:

12 (1) Marketing.

13 (2) Enrollment.

14 (3) Program education of beneficiaries.

15 (4) Program education of health care providers.

16 (5) Scheduling of appointments.

17 (6) Processing of claims.

18 SEC. 739. PATIENT CARE REPORTING AND MANAGEMENT

19 SYSTEM.

20 (a) ESTABLISHMENT.—The Secretary of Defense

21 shall establish a patient care error reporting and manage22 ment system.

23 (b) PURPOSES OF SYSTEM.—The purposes of the sys24 tem are as follows:
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1 (1) To study the occurrences of errors in the

2 patient care provided under chapter 55 of title 10,

3 United States Code.

4 (2) To identify the systemic factors that are as5 sociated with such occurrences.

6 (3) To provide for action to be taken to correct

7 the identified systemic factors.

8 (c) REQUIREMENTS FOR SYSTEM.—The patient care

9 error reporting and management system shall include the

10 following:

11 (1) A hospital-level patient safety center, within

12 the quality assurance department of each health care

13 organization of the Department of Defense, to col14 lect, assess, and report on the nature and frequency

15 of errors related to patient care.

16 (2) For each health care organization of the

17 Department of Defense and for the entire Defense

18 health program, the patient safety baselines that are

19 necessary for the development of a full under20 standing of patient safety issues in each such orga21 nization and the entire program, including the na22 ture and types of errors and the systemic causes of

23 the errors.
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1 (3) A Department of Defense Patient Safety

2 Center within the Armed Forces Institute of Pathol3 ogy to have the following missions:

4 (A) To analyze information on patient care

5 errors that is submitted to the Center by each

6 military health care organization.

7 (B) To develop action plans for addressing

8 patterns of patient care errors.

9 (C) To execute those action plans to miti10 gate and control errors in patient care with a

11 goal of ensuring that the health care organiza12 tions of the Department of Defense provide

13 highly reliable patient care with virtually no

14 error.

15 (D) To provide, through the Assistant Sec16 retary of Defense for Health Affairs, to the

17 Agency for Healthcare Research and Quality of

18 the Department of Health and Human Services

19 any reports that the Assistant Secretary deter20 mines appropriate.

21 (E) To review and integrate processes for

22 reducing errors associated with patient care and

23 for enhancing patient safety.

24 (F) To contract with a qualified and objec25 tive external organization to manage the na-
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1 tional patient safety database of the Depart2 ment of Defense.

3 (d) MEDTEAMS PROGRAM.—The Secretary shall ex4 pand the health care team coordination program to inte5 grate that program into all Department of Defense health

6 care operations. In carrying out this subsection, the Sec7 retary shall take the following actions:

8 (1) Establish not less than two Centers of Ex9 cellence for the development, validation, prolifera10 tion, and sustainment of the health care team co11 ordination program, one of which shall support all

12 fixed military health care organizations, the other of

13 which shall support all combat casualty care organi14 zations.

15 (2) Deploy the program to all fixed and combat

16 casualty care organizations of each of the Armed

17 Forces, at the rate of not less than 10 organizations

18 in each fiscal year.

19 (3) Expand the scope of the health care team

20 coordination program from a focus on emergency de21 partment care to a coverage that includes care in all

22 major medical specialties, at the rate of not less

23 than one specialty in each fiscal year.
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1 (4) Continue research and development invest2 ments to improve communication, coordination, and

3 team work in the provision of health care.

4 (e) CONSULTATION.—The Secretary shall consult

5 with the other administering Secretaries (as defined in

6 section 1072(3) of title 10, United States Code) in car7 rying out this section.

8 SEC. 740. HEALTH CARE MANAGEMENT DEMONSTRATION

9 PROGRAM.

10 (a) ESTABLISHMENT.—The Secretary of Defense

11 shall carry out a demonstration program on health care

12 management to explore opportunities for improving the

13 planning and management of the Department of Defense

14 health care system.

15 (b) TEST MODELS.—Under the demonstration pro16 gram, the Secretary shall test the use of the following

17 planning and management models:

18 (1) A health care simulation model for studying

19 alternative delivery policies, processes, organizations,

20 and technologies.

21 (2) A health care simulation model for studying

22 long term disease management.

23 (c) DEMONSTRATION SITES.—The Secretary shall

24 test each model separately at one or more sites.
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1 (d) PERIOD FOR PROGRAM.—The demonstration pro2 gram shall begin not later than 180 days after the date

3 of the enactment of this Act and shall terminate on De4 cember 31, 2001.

5 (e) REPORTS.—The Secretary of Defense shall sub6 mit a report on the demonstration program to the Com7 mittees on Armed Services of the Senate and the House

8 of Representatives not later than March 15, 2002. The

9 report shall include the Secretary’s assessment of the

10 value of incorporating the use of the tested planning and

11 management models throughout the Department of De12 fense health care system.

13 (f) FUNDING.—Of the amount authorized to be ap14 propriated under section 301(22), $6,000,000 shall be

15 available for the demonstration program under this sec16 tion.

17 SEC. 741. STUDIES OF ACCRUAL FINANCING FOR HEALTH

18 CARE FOR MILITARY RETIREES.

19 (a) STUDIES REQUIRED.—The Secretary of Defense

20 shall carry out two studies to assess the feasibility and

21 desirability of financing the military health care program

22 for retirees of the uniformed services on an accrual basis.

23 (b) SOURCES OF STUDIES.—The Secretary shall pro24 vide for—
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1 (1) one of the studies under subsection (a) to

2 be conducted by one or more Department of Defense

3 organizations designated by the Secretary; and

4 (2) the other study to be conducted by an orga5 nization that is independent of the Department of

6 Defense and has expertise in financial programs and

7 health care.

8 (c) REPORTS.—(1) The Secretary shall provide for

9 the submission of a final report on each study to the Sec10 retary within such time as the Secretary determines nec11 essary to satisfy the requirement in paragraph (2).

12 (2) The Secretary shall transmit the final reports on

13 the studies to Congress not later than February 8, 2001.

14 The Secretary may include in the transmittal any com15 ments on the reports or on the matters studied that the

16 Secretary considers appropriate.

17 SEC. 742. AUGMENTATION OF ARMY MEDICAL DEPART18 MENT BY RESERVE OFFICERS OF THE PUB19 LIC HEALTH SERVICE.

20 (a) AUTHORITY.—The Secretary of the Army and the

21 Secretary of Health and Human Services may jointly con22 duct a program to augment the Army Medical Department

23 by exercising any authorities provided to those officials in

24 law for the detailing of reserve commissioned officers of
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1 the Public Health Service not in an active status to the

2 Army Medical Department for that purpose.

3 (b) AGREEMENT.—The Secretary of the Army and

4 the Secretary of Health and Human Services shall enter

5 into an agreement governing any program conducted

6 under subsection (a).

7 (c) ASSESSMENT.—(1) The Secretary of the Army

8 shall review the laws providing the authorities described

9 in subsection (a) and assess the adequacy of those laws

10 for authorizing—

11 (A) the Secretary of Health and Human Serv12 ices to detail reserve commissioned officers of the

13 Public Health Service not in an active status to the

14 Army Medical Department to augment that depart15 ment; and

16 (B) the Secretary of the Army to accept the de17 tail of such officers for that purpose.

18 (2) The Secretary shall complete the review and as19 sessment under paragraph (1) not later than 90 days after

20 the date of the enactment of this Act.

21 (d) REPORT TO CONGRESS.—Not later than March

22 1, 2001, the Secretary of the Army shall submit a report

23 on the results of the review and assessment under sub24 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 SEC. 743. SERVICE AREAS OF TRANSFEREES OF FORMER

18 UNIFORMED SERVICES TREATMENT FACILI19 TIES THAT ARE INCLUDED IN THE UNI20 FORMED SERVICES HEALTH CARE DELIVERY

21 SYSTEM.

22 Section 722(e) of the National Defense Authorization

23 Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.

24 1073 note) is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(e) SERVICE

2 AREA.—’’; and

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

4 ‘‘(2) The Secretary may, with the agreement of a des5 ignated provider, expand the service area of the designated

6 provider as the Secretary determines necessary to permit

7 covered beneficiaries to enroll in the designated provider’s

8 managed care plan. The expanded service area may in9 clude one or more noncontiguous areas.’’.

10 SEC. 744. BLUE RIBBON ADVISORY PANEL ON DEPART11 MENT OF DEFENSE POLICIES REGARDING

12 THE PRIVACY OF INDIVIDUAL MEDICAL

13 RECORDS.

14 (a) ESTABLISHMENT.—(1) There is hereby estab15 lished an advisory panel to be known as the Blue Ribbon

16 Advisory Panel on Department of Defense Policies Re17 garding the Privacy of Individual Medical Records (in this

18 section referred to as the ‘‘Panel’’).

19 (2)(A) The Panel shall be composed of 7 members

20 appointed by the President, of whom—

21 (i) at least one shall be a member of a con22 sumer organization;

23 (ii) at least one shall be a medical professional;

24 (iii) at least one shall have a background in

25 medical ethics; and
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1 (iv) at least one shall be a member of the

2 Armed Forces.

3 (B) The appointments of the members of the Panel

4 shall be made not later than 30 days after the date of

5 the enactment of this Act.

6 (3) No later than 30 days after the date on which

7 all members of the Panel have been appointed, the Panel

8 shall hold its first meeting.

9 (4) The Panel shall select a Chairman and Vice

10 Chairman from among its members.

11 (b) DUTIES.—(1) The Panel shall conduct a thorough

12 study of all matters relating to the policies and practices

13 of the Department of Defense regarding the privacy of in14 dividual medical records.

15 (2) Not later than April 30, 2001, the Panel shall

16 submit a report to the President and Congress which shall

17 contain a detailed statement of the findings and conclu18 sions of the Panel, together with its recommendations for

19 such legislation and administrative actions as it considers

20 appropriate to ensure the privacy of individual medical

21 records.

22 (c) POWERS.—(1) The Panel may hold such hearings,

23 sit and act at such times and places, take such testimony,

24 and receive such evidence as the Panel considers advisable

25 to carry out the purposes of this section.
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1 (2) The Panel may secure directly from the Depart2 ment of Defense, and any other Federal department or

3 agency, such information as the Panel considers necessary

4 to carry out the provisions of this section. Upon request

5 of the Chairman of the Panel, the Secretary of Defense,

6 or the head of such department or agency, shall furnish

7 such information to the Panel.

8 (3) The Panel may use the United States mails in

9 the same manner and under the same conditions as other

10 departments and agencies of the Federal Government.

11 (4) The Panel may accept, use, and dispose of gifts

12 or donations of services or property.

13 (5) Any Federal Government employee may be de14 tailed to the Panel without reimbursement, and such detail

15 shall be without interruption or loss of civil service status

16 or privilege.

17 (d) TERMINATION.—The Panel shall terminate 30

18 days after the date on which the Panel submits its report

19 under subsection (b)(2).

20 (e) FUNDING.—(1) Of the amounts authorized to be

21 appropriated by this Act, the Secretary shall make avail22 able to the Panel such sums as the Panel may require

23 for its activities under this section.
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1 (2) Any sums made available under paragraph (1)

2 shall remain available, without fiscal year limitation, until

3 expended.

4 TITLE VIII—ACQUISITION POL5 ICY, ACQUISITION MANAGE6 MENT, AND RELATED MAT7 TERS

8 SEC. 801. IMPROVEMENTS IN PROCUREMENTS OF SERV9 ICES.

10 (a) PREFERENCE FOR PERFORMANCE-BASED SERV11 ICE CONTRACTING.—Not later than 180 days after the

12 date of the enactment of this Act, the Federal Acquisition

13 Regulation issued in accordance with sections 6 and 25

14 of the Office of Federal Procurement Policy Act (41

15 U.S.C. 405 and 421) shall be revised to establish a pref16 erence for use of contracts and task orders for the pur17 chase of services in the following order of precedence:

18 (1) A performance-based contract or perform19 ance-based task order that contains firm fixed prices

20 for the specific tasks to be performed.

21 (2) Any other performance-based contract or

22 performance-based task order.

23 (3) Any contract or task order that is not a

24 performance-based contract or a performance-based

25 task order.
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1 (b) INCENTIVE FOR USE OF PERFORMANCE-BASED

2 SERVICE CONTRACTS.—(1) A Department of Defense per3 formance-based contract or performance-based task order

4 may be treated as a contract for the procurement of com5 mercial items if—

6 (A) the contract or task order is valued at

7 $5,000,000 or less;

8 (B) the contract or task order sets forth specifi9 cally each task to be performed and, for each task—

10 (i) defines the task in measurable, mission11 related terms;

12 (ii) identifies the specific end products or

13 output to be achieved; and

14 (iii) contains a firm fixed price; and

15 (C) the source of the services provides similar

16 services contemporaneously to the general public

17 under terms and conditions similar to those offered

18 to the Federal Government.

19 (2) The special simplified procedures provided in the

20 Federal Acquisition Regulation pursuant to section

21 2304(g)(1)(B) of title 10, United States Code, shall not

22 apply to a performance-based contract or performance23 based task order that is treated as a contract for the pro24 curement of commercial items under paragraph (1).
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1 (3) Not later than 2 years after the date of the enact2 ment of this Act, the Comptroller General shall submit

3 a report on the implementation of this subsection to the

4 congressional defense committees.

5 (4) The authority under this subsection shall not

6 apply to contracts entered into or task orders issued more

7 than 3 years after the date of the enactment of this Act.

8 (c) CENTERS OF EXCELLENCE IN SERVICE CON9 TRACTING.—Not later than 180 days after the date of the

10 enactment of this Act, the Secretary of each military de11 partment shall establish at least one center of excellence

12 in contracting for services. Each center of excellence shall

13 assist the acquisition community by identifying, and serv14 ing as a clearinghouse for, best practices in contracting

15 for services in the public and private sectors.

16 (d) ENHANCED TRAINING IN SERVICE CON17 TRACTING.—(1) The Secretary of Defense shall ensure

18 that classes focusing specifically on contracting for serv19 ices are offered by the Defense Acquisition University and

20 the Defense Systems Management College and are other21 wise available to contracting personnel throughout the De22 partment of Defense.

23 (2) The Secretary of each military department and

24 the head of each Defense Agency shall ensure that the

25 personnel of the department or agency, as the case may
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1 be, who are responsible for the awarding and management

2 of contracts for services receive appropriate training that

3 is focused specifically on contracting for services.

4 (e) DEFINITIONS.—In this section:

5 (1) The term ‘‘performance-based’’, with re6 spect to a contract, a task order, or contracting,

7 means that the contract, task order, or contracting,

8 respectively, includes the use of performance work

9 statements that set forth contract requirements in

10 clear, specific, and objective terms with measurable

11 outcomes.

12 (2) The term ‘‘commercial item’’ has the mean13 ing given the term in section 4(12) of the Office of

14 Federal Procurement Policy Act (41 U.S.C.

15 403(12)).

16 (3) The term ‘‘Defense Agency’’ has the mean17 ing given the term in section 101(a)(11) of title 10,

18 United States Code.

19 SEC. 802. ADDITION OF THRESHOLD VALUE REQUIREMENT

20 FOR APPLICABILITY OF A REPORTING RE21 QUIREMENT RELATING TO MULTIYEAR CON22 TRACT.

23 Section 2036b(l)(4) of title 10, United States Code,

24 is amended by striking ‘‘until the Secretary of Defense

25 submits to the congressional defense committees a report
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1 with respect to that contract (or contract extension)’’ in

2 the matter preceding subparagraph (A) and inserting ‘‘the

3 value of which would exceed $500,000,000 (when entered

4 into or when extended, as the case may be) until the Sec5 retary of Defense has submitted to the congressional de6 fense committees a report’’.

7 SEC. 803. PLANNING FOR THE ACQUISITION OF INFORMA8 TION SYSTEMS.

9 (a) RESPONSIBILITY OF CHIEF INFORMATION OFFI10 CERS.—Section 2223 of title 10, United States Code, is

11 amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘and’’ at the end of para14 graph (3);

15 (B) by striking the period at the end of

16 paragraph (4) and inserting ‘‘; and’’; and

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

18 ‘‘(5) maintain a consolidated inventory of De19 partment of Defense mission critical and mission es20 sential information systems, identify interfaces be21 tween these systems and other information systems,

22 and develop and maintain contingency plans for re23 sponding to a disruption in the operation of any of

24 these information systems.’’; and

25 (2) in subsection (b)—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (3);

3 (B) by striking the period at the end of

4 paragraph (4) and inserting ‘‘; and’’; and

5 (C) by adding at the end the following:

6 ‘‘(5) maintain an inventory of the mission crit7 ical and mission essential information systems of the

8 military department, identify interfaces between

9 these systems and other information systems, and

10 develop and maintain contingency plans for respond11 ing to a disruption in the operation of any of these

12 information systems.’’.

13 (b) REVISED REGULATIONS REQUIRED.—Not later

14 than 60 days after the date of enactment of this Act, De15 partment of Defense Directive 5000.1 shall be revised to

16 establish minimum planning requirements for the acquisi17 tion of information technology systems.

18 (c) MISSION CRITICAL AND MISSION ESSENTIAL IN19 FORMATION TECHNOLOGY SYSTEMS.—The revised direc20 tive required by subsection (b) shall—

21 (1) include definitions of the terms ‘‘mission

22 critical information system’’ and ‘‘mission essential

23 information system’’; and
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1 (2) prohibit the award of any contract for the

2 acquisition of a mission critical or mission essential

3 information technology system until—

4 (A) the system has been registered with

5 the Chief Information Officer of the Depart6 ment of Defense;

7 (B) the Chief Information Officer has re8 ceived all information on the system that is re9 quired under the directive to be provided to

10 that official; and

11 (C) the Chief Information Officer has de12 termined that an appropriate information as13 surance strategy is in place for the system.

14 (d) MAJOR AUTOMATED INFORMATION SYSTEMS.—

15 The revised directive required by subsection (b) shall pro16 hibit Milestone I approval, Milestone II approval, or Mile17 stone III approval of a major automated information sys18 tem within the Department of Defense until the Chief In19 formation Officer has determined that—

20 (1) the system is being developed in accordance

21 with the requirements of division E of the Clinger22 Cohen Act of 1996 (40 U.S.C. 1401 et seq.);

23 (2) appropriate actions have been taken with

24 respect to the system in the areas of business proc-
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1 ess reengineering, analysis of alternatives, economic

2 analysis, and performance measures; and

3 (3) the system has been registered as described

4 in subsection (c)(2).

5 (e) REPORTS.—(1) The Secretary of Defense shall

6 submit to the congressional defense committees, not later

7 than February 1 of each of fiscal years 2001, 2002, and

8 2003, a report on the implementation of the requirements

9 of this section during the preceding fiscal year.

10 (2) The report for a fiscal year under paragraph (1)

11 shall include, at a minimum, for each major automated

12 information system that was approved during such pre13 ceding fiscal year under Department of Defense Directive

14 5000.1 (as revised pursuant to subsection (d)), the fol15 lowing:

16 (A) The funding baseline.

17 (B) The milestone schedule.

18 (C) The actions that have been taken to ensure

19 compliance with the requirements of this section and

20 the directive.

21 (3) The report for fiscal year 2000 shall include, in

22 addition to the information required by paragraph (2), an

23 explanation of the manner in which the responsible offi24 cials within the Department of Defense have addressed,

25 or intend to address, the following acquisition issues for
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1 each major automated information system to be acquired

2 after that fiscal year:

3 (A) Requirements definition.

4 (B) Presentation of a business case analysis, in5 cluding an analysis of alternatives and a calculation

6 of return on investment.

7 (C) Performance measurement.

8 (D) Test and evaluation.

9 (E) Interoperability.

10 (F) Cost, schedule, and performance baselines.

11 (G) Information assurance.

12 (H) Incremental fielding and implementation.

13 (I) Risk mitigation.

14 (J) The role of integrated product teams.

15 (K) Issues arising from implementation of the

16 Command, Control, Communications, Computers,

17 Intelligence, Surveillance, and Reconnaissance Plan

18 required by Department of Defense Directive 5000.1

19 and Chairman of the Joint Chiefs of Staff Instruc20 tion 3170.01.

21 (L) Oversight, including the Chief Information

22 Officer’s oversight of decision reviews.

23 (f) DEFINITIONS.—In this section:

24 (1) The term ‘‘Chief Information Officer’’

25 means the senior official of the Department of De-
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1 fense designated by the Secretary of Defense pursu2 ant to section 3506 of title 44, United States Code.

3 (2) The term ‘‘information technology system’’

4 has the meaning given the term ‘‘information tech5 nology’’ in section 5002 of the Clinger-Cohen Act of

6 1996 (40 U.S.C. 1401).

7 (3) The term ‘‘major automated information

8 system’’ has the meaning given that term in Depart9 ment of Defense Directive 5000.1.

10 SEC. 804. TRACKING OF INFORMATION TECHNOLOGY PUR11 CHASES.

12 (a) REQUIREMENT FOR TRACKING SYSTEM.—(1)

13 Chapter 131 of title 10, United States Code, is amended

14 by adding at the end the following:

15 ‘‘§ 2225. Information technology purchases: auto16 mated tracking and management systems

17 ‘‘(a) REQUIREMENT FOR SYSTEMS.—(1) The Sec18 retary of each military department shall administer an

19 automated system for tracking and managing purchases

20 of information technology products and services by the de21 partment.

22 ‘‘(2) The Secretary of Defense shall administer an

23 automated system for tracking and managing purchases

24 of information technology products and services by the De25 fense Agencies.
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1 ‘‘(b) PURCHASE TO WHICH APPLICABLE.—Each sys2 tem under subsection (a) shall, at a minimum, provide for

3 collection of data on all purchases of information tech4 nology products and services in excess of the simplified

5 acquisition threshold, regardless of whether such pur6 chases are made in the form of a contract, grant, coopera7 tive agreement, other transaction, task order, delivery

8 order, or military interdepartmental purchase request, or

9 in any other form.

10 ‘‘(c) DATA TO BE INCLUDED.—The information col11 lected under each such system shall include, for each pur12 chase, the following:

13 ‘‘(1) The products or services purchased.

14 ‘‘(2) The categorization of the products or serv15 ices as commercial off-the-shelf products, other com16 mercial items, nondevelopmental items other than

17 commercial items, other noncommercial items, or

18 services.

19 ‘‘(3) The total dollar amount of the purchase.

20 ‘‘(4) The contract form used to make the pur21 chase.

22 ‘‘(5) In the case of a purchase made through

23 another agency—

24 ‘‘(A) the agency through which the pur25 chase is made; and
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1 ‘‘(B) the reasons for making the purchase

2 through that agency.

3 ‘‘(6) The type of pricing used to make the pur4 chase (whether by fixed price or by another specified

5 type of pricing).

6 ‘‘(7) The extent of competition provided for in

7 making the purchase.

8 ‘‘(8) A statement regarding whether the pur9 chase was made from—

10 ‘‘(A) a small business concern;

11 ‘‘(B) a small business concern owned and

12 controlled by socially and economically dis13 advantaged individuals; or

14 ‘‘(C) a small business concern owned and

15 controlled by women.

16 ‘‘(9) A statement regarding whether the pur17 chase was made in compliance with the planning re18 quirements provided under sections 5112, 5113,

19 5122, and 5123 of the Clinger-Cohen Act of 1996

20 (40 U.S.C. 1412, 1413, 1242, 1423).

21 ‘‘(10) In the case of frequently-purchased com22 mercial off-the-shelf items, data that informs man23 agers of the unit prices paid for the items and en24 ables the managers to ensure that such prices are

25 fair and reasonable.
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1 ‘‘(d) LIMITATION ON PURCHASES.—No purchase of

2 information technology products or services in excess of

3 the simplified acquisition threshold shall be made for the

4 Department of Defense through a Federal Government

5 agency that is outside the Department of Defense

6 unless—

7 ‘‘(1) data on the purchase is included in a

8 tracking system that meets the requirements of sub9 sections (a), (b), and (c); or

10 ‘‘(2) the purchase—

11 ‘‘(A) in the case of a purchase by a De12 fense Agency, is approved by the Under Sec13 retary of Defense for Acquisition, Technology,

14 and Logistics; or

15 ‘‘(B) in the case of a purchase by a mili16 tary department, is approved by the senior pro17 curement executive of the military department.

18 ‘‘(e) ANNUAL REPORT.—Not later than February 15

19 of each fiscal year, the Secretary of Defense shall submit

20 to the Committees on Armed Services of the Senate and

21 the House of Representatives a report on the purchases

22 of information technology products and services that were

23 made by the military departments and Defense Agencies

24 during the preceding fiscal year. The report shall set forth
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1 an aggregation of the information collected in accordance

2 with subsection (c).

3 ‘‘(f) DEFINITIONS.—In this section:

4 ‘‘(1) The term ‘senior procurement executive’,

5 with respect to a military department, means the of6 ficial designated as the senior procurement executive

7 for the military department for the purposes of sec8 tion 16(3) of the Office of Federal Procurement Pol9 icy Act (41 U.S.C. 414(3)).

10 ‘‘(2) The term ‘simplified acquisition threshold’

11 has the meaning given the term in section 4(11) of

12 the Office of Federal Procurement Policy Act (31

13 U.S.C. 403(11).

14 ‘‘(3) The term ‘small business concern’ means

15 a business concern that meets the applicable size

16 standards prescribed pursuant to section 3(a) of the

17 Small Business Act (15 U.S.C. 632(a)).

18 ‘‘(4) The term ‘small business concern owned

19 and controlled by socially and economically disadvan20 taged individuals’ has the meaning given that term

21 in section 8(d)(3)(C) of the Small Business Act (15

22 U.S.C. 637(d)(3)(C)).

23 ‘‘(5) The term ‘small business concern owned

24 and controlled by women’ has the meaning given
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1 that term in section 8(d)(3)(D) of the Small Busi2 ness Act (15 U.S.C. 637(d)(3)(D)).’’.

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

4 chapter is amended by adding at the end the following:

‘‘2225. Information technology purchases: automated tracking and management

systems.’’.

5 (b) TIME FOR IMPLEMENTATION.—(1) Each official

6 required under section 2225 of title 10, United States

7 Code (as added by subsection (a)), to administer an auto8 mated system for tracking and managing purchases of in9 formation technology products and services shall develop

10 and commence the use of the system not later than one

11 year after the date of the enactment of this Act.

12 (2) Subsection (d) of section 2225 of title 10, United

13 States Code (as so added), shall apply to purchases de14 scribed in that subsection for which solicitations of offers

15 are issued more than one year after the date of the enact16 ment of this Act.

17 (c) GAO REPORT.—Not later than 15 months after

18 the date of the enactment of this Act, the Comptroller

19 General shall submit to the congressional defense commit20 tees a report on the systems developed pursuant to section

21 2225 of title 10, United States Code (as added by sub22 section (a)). The report shall include the Comptroller Gen23 eral’s assessment of the extent to which the systems meet

24 the requirements of that section.
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1 SEC. 805. REPEAL OF REQUIREMENT FOR CONTRACTOR AS2 SURANCES REGARDING THE COMPLETENESS,

3 ACCURACY, AND CONTRACTUAL SUFFI4 CIENCY OF TECHNICAL DATA PROVIDED BY

5 THE CONTRACTOR.

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

7 amended—

8 (1) by striking paragraph (7); and

9 (2) by redesignating paragraphs (8) and (9) as

10 paragraphs (7) and (8), respectively.

11 SEC. 806. EXTENSION OF AUTHORITY FOR DEPARTMENT OF

12 DEFENSE ACQUISITION PILOT PROGRAMS.

13 Section 5064(d)(2) of the Federal Acquisition

14 Streamlining Act of 1994 (Public Law 103–355; 108 Stat.

15 3361; 10 U.S.C. 2430 note) is amended by striking ‘‘45

16 days after the date of the enactment of this Act and ends

17 on September 30, 1998’’ and inserting ‘‘on October 13,

18 1994, and ends on October 1, 2007’’.

19 SEC. 807. CLARIFICATION AND EXTENSION OF AUTHORITY

20 TO CARRY OUT CERTAIN PROTOTYPE

21 PROJECTS.

22 (a) AMENDMENTS TO AUTHORITY.—Section 845 of

23 the National Defense Authorization Act for Fiscal Year

24 1994 (10 U.S.C. 2371 note) is amended by—

25 (1) redesignating subsection (d) as subsection

26 (g); and
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1 (2) inserting after subsection (c) the following:

2 ‘‘(d) APPROPRIATE USE OF AUTHORITY.—(1) The

3 Secretary of Defense shall ensure that no official of an

4 agency enters into an agreement for a prototype project

5 under the authority of this section unless—

6 ‘‘(A) at least 20 percent of the total cost of the

7 prototype project is to be paid out of funds provided

8 by parties to the agreement other than the Federal

9 Government (not including funds provided by such

10 parties in the form of independent research and de11 velopment costs and other costs that are reimbursed

12 as indirect costs under Federal Government con13 tracts);

14 ‘‘(B) at least 40 percent of the total cost of the

15 prototype project is to be paid out of funds provided

16 by parties to the agreement other than the Federal

17 Government (including funds provided by such par18 ties in the form of independent research and devel19 opment costs and other costs that are reimbursed as

20 indirect costs under Federal Government contracts);

21 ‘‘(C) there is at least one nontraditional defense

22 contractor participating to a significant extent in the

23 prototype project; or

24 ‘‘(D) the senior procurement executive for the

25 agency (as designated for the purposes of section
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1 16(3) of the Office of Federal Procurement Policy

2 Act (41 U.S.C. 414(3))) determines in writing that

3 extraordinary circumstances justify the use of the

4 authority of section 2371 of title 10, United States

5 Code, in accordance with the requirements of this

6 section, to enter into the particular agreement.

7 ‘‘(2)(A) Except as provided in subparagraph (B), the

8 amounts counted for the purposes of this subsection as

9 being provided or to be provided by a party other than

10 the Federal Government under an agreement for a proto11 type project that is entered into under this section do not

12 include costs that were incurred before the date on which

13 the agreement becomes effective.

14 ‘‘(B) Costs that were incurred for a prototype project

15 by a party after the beginning of negotiations resulting

16 in an agreement for the project under this section may

17 be counted for the purposes of this subsection as being

18 provided or to be provided by the party under the agree19 ment if and to the extent that the contracting officer or

20 another official responsible for entering into the agree21 ment determines in writing that—

22 ‘‘(i) the party incurred the costs in anticipation

23 of entering into the agreement; and

24 ‘‘(ii) it was appropriate for the party to incur

25 the costs before the agreement became effective in
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1 order to ensure the successful implementation of the

2 agreement.

3 ‘‘(e) PILOT PROGRAM FOR TRANSITION TO FOLLOW4 ON CONTRACTS.—(1) The Secretary of Defense is author5 ized to carry out a pilot program for follow-on contracting

6 for the production of items or processes that are developed

7 by nontraditional defense contractors under prototype

8 projects carried out under this section.

9 ‘‘(2) Under the pilot program—

10 ‘‘(A) a qualifying contract for the procurement

11 of such an item or process, or a qualifying sub12 contract under a contract for the procurement of

13 such an item or process, may be treated as a con14 tract or subcontract, respectively, for the procure15 ment of commercial items, as defined in section

16 4(12) of the Office of Federal Procurement Policy

17 Act (41 U.S.C. 403(12)); and

18 ‘‘(B) the item or process may be treated as an

19 item or process, respectively, that is developed in

20 part with Federal funds and in part at private ex21 pense for the purposes of section 2320 of title 10,

22 United States Code.

23 ‘‘(3) For the purposes of the pilot program, a quali24 fying contract or subcontract is a contract or subcontract,
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1 respectively, with a nontraditional defense contractor

2 that—

3 ‘‘(A) does not exceed $20,000,000; and

4 ‘‘(B) is either—

5 ‘‘(i) a firm, fixed-price contract or sub6 contract; or

7 ‘‘(ii) a fixed-price contract or subcontract

8 with economic price adjustment.

9 ‘‘(4) The authority to conduct a pilot program under

10 this subsection shall terminate on September 30, 2004.

11 The termination of the authority shall not affect the valid12 ity of contracts or subcontracts that are awarded or modi13 fied during the period of the pilot program, without regard

14 to whether the contracts or subcontracts are performed

15 during the period.

16 ‘‘(f) NONTRADITIONAL DEFENSE CONTRACTOR DE17 FINED.—In this section, the term ‘nontraditional defense

18 contractor’ means an entity that has not, for a period of

19 at least three years, entered into—

20 ‘‘(1) any contract that is subject to the cost ac21 counting standards prescribed pursuant to section

22 26 of the Office of Federal Procurement Policy Act

23 (41 U.S.C. 422); or

24 ‘‘(2) any other contract or agreement to carry

25 out prototype projects or to perform basic, applied,
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1 or advanced research projects for a Federal Govern2 ment agency, other than an agreement entered into

3 under the authority of this section or section 2371

4 of title 10, United States Code.’’.

5 (b) EXTENSION OF AUTHORITY.—Subsection (g) of

6 such section, as redesignated by subsection (a)(1), is

7 amended by striking ‘‘September 30, 2001’’ and inserting

8 ‘‘September 30, 2004’’.

9 (c) MORATORIUM.—Beginning on the date that is

10 120 days after the date of the enactment of this Act, no

11 transaction may be entered into under the authority of

12 section 845 of the National Defense Authorization Act for

13 Fiscal Year 1994 or section 2371 of title 10, United

14 States Code, until the final regulations implementing such

15 section 2371 (required by subsection (g) of such section)

16 are published in the Federal Register.

17 SEC. 808. CLARIFICATION OF AUTHORITY OF COMP18 TROLLER GENERAL TO REVIEW RECORDS OF

19 PARTICIPANTS IN CERTAIN PROTOTYPE

20 PROJECTS.

21 (a) COMPTROLLER GENERAL REVIEW.—Section

22 845(c) of the National Defense Authorization Act for Fis23 cal Year 1994 (10 U.S.C. 2371 note) is amended—

24 (1) by redesignating paragraphs (3) and (4) as

25 paragraphs (4) and (5), respectively; and
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1 (2) by inserting after paragraph (2) the fol2 lowing new paragraph (3):

3 ‘‘(3)(A) The right provided to the Comptroller Gen4 eral in a clause of an agreement under paragraph (1) is

5 limited as provided in subparagraph (B) in the case of

6 a party to the agreement, an entity that participates in

7 the performance of the agreement, or a subordinate ele8 ment of that party or entity if the only agreements or

9 other transactions that the party, entity, or subordinate

10 element entered into with Government entities in the year

11 prior to the date of that agreement are cooperative agree12 ments or transactions that were entered into under this

13 section or section 2371 of title 10, United States Code.

14 ‘‘(B) The only records of a party, other entity, or sub15 ordinate element referred to in subparagraph (A) that the

16 Comptroller General may examine in the exercise of the

17 right referred to in that subparagraph are records of the

18 same type as the records that the Government has had

19 the right to examine under the audit access clauses of the

20 previous agreements or transactions referred to in such

21 subparagraph that were entered into by that particular

22 party, entity, or subordinate element.’’.
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1 SEC. 809. ELIGIBILITY OF SMALL BUSINESS CONCERNS

2 OWNED AND CONTROLLED BY WOMEN FOR

3 ASSISTANCE UNDER THE MENTOR-PROTEGE

4 PROGRAM.

5 Section 831(m)(2) of the National Defense Author6 ization Act for Fiscal Year 1991 (Public Law 101–510;

7 10 U.S.C. 2302 note) is amended—

8 (1) by striking ‘‘or’’ at the end of subparagraph

9 (C);

10 (2) by striking the period at the end of sub11 paragraph (D) and inserting ‘‘; or’’; and

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

13 ‘‘(E) a small business concern owned and

14 controlled by women, as defined in section

15 8(d)(3)(D) of the Small Business Act (15

16 U.S.C. 637(d)(3)(D)).’’.

17 SEC. 810. NAVY-MARINE CORPS INTRANET ACQUISITION.

18 (a) LIMITATION.—The performance of a contract for

19 the acquisition of a Navy-Marine Corps Intranet may not

20 begin until the Secretary of the Navy submits a report

21 on that contract to Congress. A report under this section

22 shall contain the following information:

23 (1) An estimate of the amount to be expended

24 on the contract by each of the Navy and Marine

25 Corps for each fiscal year.
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1 (2) The accounts from which the performance

2 of the contract will be funded through the end of fis3 cal year 2001.

4 (3) A plan for an incrementally phased imple5 mentation of the Navy-Marine Corps Intranet into

6 the operations of the shore-based activities of the

7 Navy and Marine Corps.

8 (4) The same information with regard to the

9 Navy-Marine Corps Intranet as is required to be in10 cluded in the report on major automated information

11 systems under paragraphs (2) and (3) of section

12 803(e).

13 (5) With regard to each major command in14 cluded in the first year of the implementation of the

15 contract—

16 (A) an estimate of the number of civilian

17 personnel currently performing functions that

18 are potentially included in the scope of the con19 tract;

20 (B) the extent to which the contractor may

21 continue to rely upon that workforce to perform

22 functions after the award of the contract; and

23 (C) the plans of the Department of the

24 Navy for reassignment, reorganization, or other
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1 disposition of any portion of the workforce that

2 does not continue to perform current functions.

3 (b) PROHIBITIONS.—(1) The increment of the Navy4 Marine Corps Intranet that is implemented during the

5 first year of implementation may not include any activities

6 of the Marine Corps, the naval shipyards, or the naval

7 aviation depots.

8 (2) Funds available for fiscal year 2001 for activities

9 referred to in paragraph (1) may not be expended for any

10 contract for the Navy-Marine Corps Intranet.

11 (c) APPLICABILITY OF STATUTORY AND REGU12 LATORY REQUIREMENTS.—The acquisition of a Navy-Ma13 rine Corps Intranet shall be managed by the Department

14 of the Navy in accordance with the requirements of—

15 (1) the Clinger-Cohen Act of 1996, including

16 the requirement for utilizing modular contracting in

17 accordance with section 38 of the Office of Federal

18 Procurement Policy Act (41 U.S.C. 434); and

19 (2) Department of Defense Directives 5000.1

20 and 5000.2–R and all other directives, regulations,

21 and management controls that are applicable to

22 major investments in information technology and re23 lated services.

24 (d) COMPTROLLER GENERAL REVIEW.—(1) At the

25 same time that the Secretary of the Navy submits a report
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1 on the Navy-Marine Corps Intranet to Congress under

2 subsection (a), the Secretary shall transmit a copy of the

3 report to the Comptroller General.

4 (2) Not later than 60 days after receiving a report

5 on the Navy-Marine Corps Intranet under paragraph (1),

6 the Comptroller General shall review the report and sub7 mit to Congress any comments that the Comptroller Gen8 eral considers appropriate regarding the report and the

9 Navy-Marine Corps Intranet.

10 (e) PHASED IMPLEMENTATION TO COMMENCE DUR11 ING FISCAL YEAR 2001—The Secretary of the Navy shall

12 commence a phased implementation of the Navy-Marine

13 Corps Intranet during fiscal year 2001. For the implemen14 tation in that fiscal year—

15 (1) not more than fifteen percent of the total

16 number of work stations to be provided under the

17 Navy-Marine Corps Intranet program may be pro18 vided in the first quarter of such fiscal year; and

19 (2) no additional work stations may be provided

20 until—

21 (A) the Secretary has conducted oper22 ational testing of the Intranet; and

23 (B) the Chief Information Officer of the

24 Department of Defense has certified to the Sec-
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1 retary that the results of the operational testing

2 of the Intranet are acceptable.

3 (f) IMPACT ON FEDERAL EMPLOYEES.—The Sec4 retary shall mitigate any adverse impact of the implemen5 tation of the Navy-Marine Corps Intranet on civilian em6 ployees of the Department of the Navy who, as of the date

7 of the enactment of this Act, are performing functions

8 that are included in the scope of the Navy-Marine Corps

9 Intranet program by—

10 (1) developing a comprehensive plan for the

11 transition of such employees to the performance of

12 other functions within the Department of the Navy;

13 (2) taking full advantage of transition authori14 ties available for the benefit of employees;

15 (3) encouraging the retraining of employees

16 who express a desire to qualify for reassignment to

17 the performance of other functions within the De18 partment of the Navy; and

19 (4) including a provision in the Navy-Marine

20 Corps Intranet contract that requires the contractor

21 to provide a preference for hiring employees of the

22 Department of the Navy who, as of the date of the

23 enactment of this Act, are performing functions that

24 are included in the scope of the contract.
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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 SEC. 814. REVISION OF THE ORGANIZATION AND AUTHOR8 ITY OF THE COST ACCOUNTING STANDARDS

9 BOARD.

10 (a) ESTABLISHMENT WITHIN OMB.—Paragraph (1)

11 of subsection (a) of section 26 of the Office of Federal

12 Procurement Policy Act (41 U.S.C. 422) is amended by

13 striking ‘‘Office of Federal Procurement Policy’’ in the

14 first sentence and inserting ‘‘Office of Management and

15 Budget’’.

16 (b) COMPOSITION OF BOARD.—Subsection (a) of

17 such section is further amended—

18 (1) by striking the second sentence of para19 graph (1);

20 (2) by redesignating paragraph (2) as para21 graph (3); and

22 (3) by inserting after paragraph (1) the fol23 lowing new paragraph (2):

24 ‘‘(2) The Board shall consist of five members ap25 pointed as follows:
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1 ‘‘(A) A Chairman, appointed by the Director of

2 the Office of Management and Budget, from among

3 persons who are knowledgeable in cost accounting

4 matters for Federal Government contracts.

5 ‘‘(B) One member, appointed by the Secretary

6 of Defense, from among Department of Defense per7 sonnel.

8 ‘‘(C) One member, appointed by the Adminis9 trator, from among employees of executive agencies

10 other than the Department of Defense, with the con11 currence of the head of the executive agency con12 cerned.

13 ‘‘(D) One member, appointed by the Chairman

14 from among persons (other than officers and em15 ployees of the United States) who are in the ac16 counting or accounting education profession.

17 ‘‘(E) One member, appointed by the Chairman

18 from among persons in industry.’’.

19 (c) TERM OF OFFICE.—Paragraph (3) of such sub20 section, as redesignated by subsection (b)(2), is

21 amended—

22 (1) in subparagraph (A)—

23 (A) by striking ‘‘, other than the Adminis24 trator for Federal Procurement Policy,’’;

25 (B) by striking clause (i);
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1 (C) by redesignating clauses (ii) and (iii)

2 as clauses (i) and (ii), respectively; and

3 (D) in clause (ii), as so redesignated, by

4 striking ‘‘individual who is appointed under

5 paragraph (1)(A)’’ and inserting ‘‘officer or em6 ployee of the Federal Government who is ap7 pointed as a member under paragraph (2)’’;

8 and

9 (2) by striking subparagraph (C).

10 (d) OTHER BOARD PERSONNEL.—(1) Subsection (b)

11 of such section is amended to read as follows:

12 ‘‘(b) SENIOR STAFF.—The Chairman, after consulta13 tion with the Board, may appoint an executive secretary

14 and two additional staff members without regard to the

15 provisions of title 5, United States Code, governing ap16 pointments in the competitive service and in senior-level

17 positions. The Chairman may pay such employees without

18 regard to the provisions of chapter 51 (relating to classi19 fication of positions), and subchapter III of chapter 53

20 of such title and section 5376 of such title (relating to

21 the rates of basic pay under the General Schedule and for

22 senior-level positions, respectively), except that no indi23 vidual so appointed may receive pay in excess of the max24 imum rate of basic pay payable for a senior-level position

25 under such section 5376.’’.
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1 (2) Subsections (c) and (d)(2), and the third sentence

2 of subsection (e), of such section are amended by striking

3 ‘‘Administrator’’ and inserting ‘‘Chairman’’.

4 (e) COST ACCOUNTING STANDARDS AUTHORITY.—

5 (1) Paragraph (1) of subsection (f) of such section is

6 amended by inserting ‘‘, subject to direction of the Direc7 tor of the Office of Management and Budget,’’ after ‘‘ex8 clusive authority’’.

9 (2) Paragraph (2)(B)(iv) of such subsection is

10 amended by striking ‘‘more than $7,500,000’’ and insert11 ing ‘‘$7,500,000 or more’’.

12 (3) Paragraph (3) of such subsection is amended, in

13 the first sentence—

14 (A) by striking ‘‘Administrator, after consulta15 tion with the Board’’ and inserting ‘‘Chairman, with

16 the concurrence of a majority of the members of the

17 Board’’; and

18 (B) by inserting before the period at the end

19 the following: ‘‘, including rules and procedures for

20 the public conduct of meetings of the Board’’.

21 (4) Paragraph (5)(C) of such subsection is amended

22 to read as follows:

23 ‘‘(C) The head of an executive agency may not dele24 gate the authority under subparagraph (A) or (B) to any
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1 official in the executive agency below a level in the execu2 tive agency as follows:

3 ‘‘(i) The senior policymaking level, except as

4 provided in clause (ii).

5 ‘‘(ii) The head of a procuring activity, in the

6 case of a firm, fixed price contract or subcontract

7 for which the requirement to obtain cost or pricing

8 data under subsection (a) of section 2306a of title

9 10, United States Code, or subsection (a) of section

10 304A of the Federal Property and Administrative

11 Services Act of 1949 (41 U.S.C. 254b) is waived

12 under subsection (b)(1)(C) of such section, respec13 tively.’’.

14 (5) Paragraph (5)(E) of such subsection is amended

15 by inserting before the period at the end the following:

16 ‘‘in accordance with requirements prescribed by the

17 Board’’.

18 (f) REQUIREMENTS FOR STANDARDS.—(1) Sub19 section (g)(1)(B) of section 26 of the Office of Federal

20 Procurement Policy Act is amended by inserting before

21 the semicolon at the end the following: ‘‘, together with

22 a solicitation of comments on those issues’’.

23 (g) INTEREST RATE APPLICABLE TO CONTRACT

24 PRICE ADJUSTMENTS.—Subsection (h)(4) of such section
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1 is amended by inserting ‘‘(a)(2)’’ after ‘‘6621’’ both places

2 that it appears.

3 (h) REPEAL OF REQUIREMENT FOR ANNUAL RE4 PORT.—Such section is further amended by striking sub5 section (i).

6 (i) EFFECTS OF BOARD INTERPRETATIONS AND

7 REGULATIONS.—Subsection (j) of such section is

8 amended—

9 (1) in paragraph (1), by striking ‘‘promulgated

10 by the Cost Accounting Standards Board under sec11 tion 719 of the Defense Production Act of 1950 (50

12 U.S.C. App. 2168)’’ and inserting ‘‘that are in effect

13 on the date of the enactment of the National De14 fense Authorization Act for Fiscal Year 2001’’; and

15 (2) in paragraph (3), by striking ‘‘under the au16 thority set forth in section 6 of this Act’’ and insert17 ing ‘‘exercising the authority provided in section 6 of

18 this Act in consultation with the Chairman’’.

19 (j) RATE OF PAY FOR CHAIRMAN.—Section 5315 of

20 title 5, United States Code, is amended by adding at the

21 end the following:

22 ‘‘Chairman, Cost Accounting Standards

23 Board.’’.

24 (k) TRANSITION PROVISION FOR MEMBERS.—Each

25 member of the Cost Accounting Standards Board who
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1 serves on the Board under paragraph (1) of section 26(a)

2 of the Office of Federal Procurement Policy Act, as in ef3 fect on the day before the date of the enactment of this

4 Act, shall continue to serve as a member of the Board

5 until the earlier of—

6 (1) the expiration of the term for which the

7 member was so appointed; or

8 (2) the date on which a successor to such mem9 ber is appointed under paragraph (2) of such section

10 26(a), as amended by subsection (b) of this section.

11 SEC. 815. REVISION OF AUTHORITY FOR SOLUTIONS-BASED

12 CONTRACTING PILOT PROGRAM.

13 (a) PILOT PROJECTS UNDER THE PROGRAM.—Sec14 tion 5312 of the Clinger-Cohen Act of 1996 (40 U.S.C.

15 1492) is amended—

16 (1) in subsection (a), by striking ‘‘subsection

17 (d)(2)’’ and inserting ‘‘subsection (d)’’; and

18 (2) by striking subsection (d) and inserting the

19 following:

20 ‘‘(d) PILOT PROGRAM PROJECTS.—The Adminis21 trator shall authorize to be carried out under the pilot

22 program—

23 ‘‘(1) not more than 10 projects, each of which

24 has an estimated cost of at least $25,000,000 and

25 not more than $100,000,000; and
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1 ‘‘(2) not more than 10 projects for small busi2 ness concerns, each of which has an estimated cost

3 of at least $1,000,000 and not more than

4 $5,000,000.’’.

5 (b) ELIMINATION OF REQUIREMENT FOR FEDERAL

6 FUNDING OF PROGRAM DEFINITION PHASE.—Subsection

7 (c)(9)(B) of such section is amended by striking ‘‘program

8 definition phase (funded, in the case of the source ulti9 mately awarded the contract, by the Federal Govern10 ment)—’’ and inserting ‘‘program definition phase—’’.

11 SEC. 816. APPROPRIATE USE OF PERSONNEL EXPERIENCE

12 AND EDUCATIONAL REQUIREMENTS IN THE

13 PROCUREMENT OF INFORMATION TECH14 NOLOGY SERVICES.

15 (a) AMENDMENT OF THE FEDERAL ACQUISITION

16 REGULATION.—Not later than 180 days after the date of

17 the enactment of this Act, the Federal Acquisition Regula18 tion issued in accordance with sections 6 and 25 of the

19 Office of Federal Procurement Policy Act (41 U.S.C. 405

20 and 421) shall be amended to address the use of personnel

21 experience and educational requirements in the procure22 ment of information technology services.

23 (b) CONTENT OF AMENDMENT.—The amendment

24 issued pursuant to subsection (a) shall—
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1 (1) provide that a solicitation of bids on a per2 formance-based contract for the procurement of in3 formation technology services may not set forth any

4 minimum experience or educational requirement for

5 contractor personnel that a bidder must satisfy in

6 order to be eligible for award of the contract; and

7 (2) specify—

8 (A) the circumstances under which a solici9 tation of bids for other contracts for the pro10 curement of information technology services

11 may set forth any such minimum requirement

12 for that purpose; and

13 (B) the circumstances under which a solici14 tation of bids for other contracts for the pro15 curement of information technology services

16 may not set forth any such minimum require17 ment for that purpose.

18 (c) CONSTRUCTION OF REGULATION.—The amend19 ment issued pursuant to subsection (a) shall include a rule

20 of construction that a prohibition included in the amend21 ment under paragraph (1) or (2)(B) does not prohibit the

22 consideration of the experience and educational levels of

23 the personnel of bidders in the selection of a bidder to

24 be awarded a contract.
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1 (d) GAO REPORT.—Not later than 1 year after the

2 date on which the regulations required by subsection (a)

3 are published in the Federal Register, the Comptroller

4 General shall submit to Congress an evaluation of—

5 (1) executive agency compliance with the regu6 lations; and

7 (2) conformity of the regulations with existing

8 law, together with any recommendations that the

9 Comptroller General considers appropriate.

10 (e) DEFINITIONS.—In this section:

11 (1) The term ‘‘executive agency’’ has the mean12 ing given that term in section 4 of the Office of Fed13 eral Procurement Policy Act (41 U.S.C. 403).

14 (2) The term ‘‘performance-based contract’’

15 means a contract that includes performance work

16 statements setting forth contract requirements in

17 clear, specific, and objective terms with measurable

18 outcomes.

19 (3) The term ‘‘information technology’’ has the

20 meaning given that term in section 5002 of the

21 Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

22 SEC. 817. STUDY OF OFFICE OF MANAGEMENT AND BUDG23 ET CIRCULAR A–76 PROCESS.

24 (a) GAO-CONVENED PANEL.—The Comptroller Gen25 eral shall convene a panel of experts to study rules, and
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1 the administration of the rules, governing the selection of

2 sources for the performance of commercial or industrial

3 functions for the Federal Government from between public

4 and private sector sources, including public-private com5 petitions pursuant to the Office of Management and

6 Budget Circular A–76. The Comptroller General shall be

7 the chairman of the panel.

8 (b) COMPOSITION OF PANEL.—(1) The Comptroller

9 General shall appoint highly qualified and knowledgeable

10 persons to serve on the panel and shall ensure that the

11 following groups receive fair representation on the panel:

12 (A) Officers and employees of the United

13 States.

14 (B) Persons in private industry.

15 (C) Federal labor organizations.

16 (2) For the purposes of the requirement for fair rep17 resentation under paragraph (1), persons serving on the

18 panel under subparagraph (C) of that paragraph shall not

19 be counted as persons serving on the panel under subpara20 graph (A) or (B) of that paragraph.

21 (c) PARTICIPATION BY OTHER INTERESTED PAR22 TIES.—The Comptroller General shall ensure that the op23 portunity to submit information and views on the Office

24 of Management and Budget Circular A–76 process to the

25 panel for the purposes of the study is accorded to all inter-
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1 ested parties, including officers and employees of the

2 United States not serving on the panel and entities in pri3 vate industry and representatives of federal labor organi4 zations not represented on the panel.

5 (d) INFORMATION FROM AGENCIES.—The panel may

6 secure directly from any department or agency of the

7 United States any information that the panel considers

8 necessary to carry out a meaningful study of administra9 tion of the rules described in subsection (a), including the

10 Office of Management and Budget Circular A–76 process.

11 Upon the request of the Chairman of the panel, the head

12 of such department or agency shall furnish the requested

13 information to the panel.

14 (e) REPORT.—The Comptroller General shall submit

15 a report on the results of the study to Congress.

16 (f) DEFINITION.—In this section, the term ‘‘federal

17 labor organization’’ has the meaning given the term ‘‘labor

18 organization’’ in section 7103(a)(4) of title 5, United

19 States Code.

20 SEC. 818. PROCUREMENT NOTICE THROUGH ELECTRONIC

21 ACCESS TO CONTRACTING OPPORTUNITIES.

22 (a) PUBLICATION BY ELECTRONIC ACCESSIBILITY.—

23 Subsection (a) of section 18 of the Office of Federal Pro24 curement Policy Act (41 U.S.C. 416) is amended—
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1 (1) in paragraph (1)(A), by striking ‘‘furnish

2 for publication by the Secretary of Commerce’’ and

3 inserting ‘‘publish’’;

4 (2) by striking paragraph (2) and inserting the

5 following:

6 ‘‘(2)(A) A notice of solicitation required to be pub7 lished under paragraph (1) may be published by means

8 of—

9 ‘‘(i) electronic accessibility that meets the re10 quirements of paragraph (7); or

11 ‘‘(ii) publication in the Commerce Business

12 Daily.

13 ‘‘(B) The Secretary of Commerce shall promptly pub14 lish in the Commerce Business Daily each notice or an15 nouncement received under this subsection for publication

16 by that means.’’; and

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

18 ‘‘(7) A publication of a notice of solicitation by means

19 of electronic accessibility meets the requirements of this

20 paragraph for electronic accessibility if the notice is elec21 tronically accessible in a form that allows convenient and

22 universal user access through the single Government-wide

23 point of entry designated in the Federal Acquisition Regu24 lation.’’.
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1 (b) WAITING PERIOD FOR ISSUANCE OF SOLICITA2 TION.—Paragraph (3) of such subsection is amended—

3 (1) in the matter preceding subparagraph (A),

4 by striking ‘‘furnish a notice to the Secretary of

5 Commerce’’ and inserting ‘‘publish a notice of solici6 tation’’; and

7 (2) in subparagraph (A), by striking ‘‘by the

8 Secretary of Commerce’’.

9 (c) CONFORMING AMENDMENTS FOR SMALL BUSI10 NESS ACT.—Subsection (e) of section 8 of the Small Busi11 ness Act (15 U.S.C. 637) is amended—

12 (1) in paragraph (1)(A), by striking ‘‘furnish

13 for publication by the Secretary of Commerce’’ and

14 inserting ‘‘publish’’;

15 (2) by striking paragraph (2) and inserting the

16 following:

17 ‘‘(2)(A) A notice of solicitation required to be pub18 lished under paragraph (1) may be published by means

19 of—

20 ‘‘(i) electronic accessibility that meets the re21 quirements of section 18(a)(7) of the Office of Fed22 eral Procurement Policy Act (41 U.S.C. 416(a)(7));

23 or

24 ‘‘(ii) publication in the Commerce Business

25 Daily.
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1 ‘‘(B) The Secretary of Commerce shall promptly pub2 lish in the Commerce Business Daily each notice or an3 nouncement received under this subsection for publication

4 by that means.’’; and

5 (3) in paragraph (3)—

6 (A) in the matter preceding subparagraph

7 (A), by striking ‘‘furnish a notice to the Sec8 retary of Commerce’’ and inserting ‘‘publish a

9 notice of solicitation’’; and

10 (B) in subparagraph (A), by striking ‘‘by

11 the Secretary of Commerce’’.

12 (d) PERIODIC REPORTS ON IMPLEMENTATION OF

13 ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.—

14 Section 30(e) of the Office of Federal Procurement Policy

15 Act (41 U.S.C. 426(e)) is amended—

16 (1) in the first sentence, by striking ‘‘Not later

17 than March 1, 1998, and every year afterward

18 through 2003’’ and inserting ‘‘Not later than March

19 1 of each even-numbered year through 2004’’; and

20 (2) in paragraph (4)—

21 (A) by striking ‘‘Beginning with the report

22 submitted on March 1, 1999,’’; and

23 (B) by striking ‘‘calendar year’’ and insert24 ing ‘‘two fiscal years’’.
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1 (e) EFFECTIVE DATE AND APPLICABILITY.—This

2 section and the amendments made by this section shall

3 take effect on October 1, 2000. The amendments made

4 by subsections (a), (b) and (c) shall apply with respect

5 to solicitations issued on or after that date.

6 TITLE IX—DEPARTMENT OF DE7 FENSE ORGANIZATION AND

8 MANAGEMENT

9 SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT

10 OF DEFENSE HEADQUARTERS ACTIVITIES

11 PERSONNEL.

12 (a) REPEAL OF LIMITATION.—(1) Section 130a of

13 title 10, United States Code, is repealed.

14 (2) The table of sections at the beginning of chapter

15 3 of such title is amended by striking the item relating

16 to section 130a.

17 (b) REPEAL OF ASSOCIATED REPORTING REQUIRE18 MENT.—Section 921(b) of the National Defense Author19 ization Act for Fiscal Year 2000 (Public Law 106–65; 113

20 Stat. 723) is repealed.

21 SEC. 902. OVERALL SUPERVISION OF DEPARTMENT OF DE22 FENSE ACTIVITIES FOR COMBATING TER23 RORISM.

24 Section 138(b)(4) of title 10, United States Code, is

25 amended to read as follows:
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1 ‘‘(4)(A) One of the Assistant Secretaries shall be the

2 Assistant Secretary of Defense for Special Operations and

3 Low Intensity Conflict.

4 ‘‘(B) The Assistant Secretary shall have the following

5 duties:

6 ‘‘(i) As the principal duty, to provide overall su7 pervision (including oversight of policy and re8 sources) of special operations activities (as defined

9 in section 167(j) of this title) and low intensity con10 flict activities of the Department of Defense.

11 ‘‘(ii) To provide overall direction and super12 vision for policy, program planning and execution,

13 and allocation and use of resources for the activities

14 of the Department of Defense for combating ter15 rorism, including antiterrorism activities,

16 counterterrorism activities, terrorism consequences

17 management activities, and terrorism-related intel18 ligence support activities.

19 ‘‘(C) The Assistant Secretary is the principal civilian

20 adviser to the Secretary of Defense on, and is the principal

21 official within the senior management of the Department

22 of Defense (after the Secretary and Deputy Secretary) re23 sponsible for, the following matters:

24 ‘‘(i) Special operations and low intensity con25 flict.
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1 ‘‘(ii) Combating terrorism.’’.

2 SEC. 903. NATIONAL DEFENSE PANEL 2001.

3 (a) ESTABLISHMENT.—Not later than March 1,

4 2001, the Secretary of Defense shall establish a non5 partisan, independent panel to be known as the National

6 Defense Panel 2001. The Panel shall have the duties set

7 forth in this section.

8 (b) MEMBERSHIP AND CHAIRMAN.—(1) The Panel

9 shall be composed of nine members appointed from among

10 persons in the private sector who are recognized experts

11 in matters relating to the national security of the United

12 States, as follows:

13 (A) Three members appointed by the Secretary

14 of Defense.

15 (B) Three members appointed by the Chairman

16 of the Committee on Armed Services of the Senate,

17 in consultation with the ranking member of the com18 mittee.

19 (C) Three members appointed by the Chairman

20 of the Committee on Armed Services of the House

21 of Representatives, in consultation with the ranking

22 member of the committee.

23 (2) The Secretary of Defense, in consultation with

24 the chairmen and ranking members of the Committees on

25 Armed Services of the Senate and the House of Represent-
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1 atives, shall designate one of the members to serve as the

2 chairman of the Panel.

3 (c) DUTIES.—(1) The Panel shall—

4 (A) assess the matters referred to in paragraph

5 (2);

6 (B) assess the current and projected strategic

7 environment, together with the progress made by the

8 Armed Forces in transforming to meet that environ9 ment;

10 (C) identify the most dangerous threats to the

11 national security interests of the United States that

12 are to be countered by the United States in the en13 suing 10 years and those that are to be encountered

14 in the ensuing 20 years;

15 (D) identify the strategic and operational chal16 lenges for the Armed Forces to address in order to

17 prepare to counter the threats identified under sub18 paragraph (C);

19 (E) develop—

20 (i) a recommendation on the priority that

21 should be accorded to each of the strategic and

22 operational challenges identified under subpara23 graph (D); and

24 (ii) a recommendation on the priority that

25 should be accorded to the development of each
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1 joint capability needed to meet each such chal2 lenge; and

3 (F) identify the issues that the Panel rec4 ommends for assessment during the next quadren5 nial review to be conducted under section 118 of

6 title 10, United States Code.

7 (2) The matters to be assessed under paragraph

8 (1)(A) are the defense strategy, force structure, force

9 modernization plans, infrastructure, budget plan, and

10 other elements of the defense program and policies estab11 lished since the quadrennial defense review conducted in

12 1996.

13 (3) The Panel shall conduct the assessments under

14 paragraph (1) with a view toward recommending—

15 (A) the most critical changes that should be

16 made to the defense strategy of the United States

17 for the ensuing 10 years and the most critical

18 changes that should be made to the defense strategy

19 of the United States for the ensuing 20 years; and

20 (B) any changes considered appropriate by the

21 Panel regarding the major weapon systems pro22 grammed for the force, including any alternatives to

23 those weapon systems.

24 (d) REPORT.—(1) The Panel shall submit to the Sec25 retary of Defense and to the Committees on Armed Serv-
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1 ices of the Senate and the House of Representatives two

2 reports on the assessment, including a discussion of the

3 Panel’s activities, the findings and recommendations of

4 the Panel, and any recommendations for legislation that

5 the Panel considers appropriate, as follows:

6 (A) An interim report not later than July 1,

7 2001.

8 (B) A final report not later than December 1,

9 2001.

10 (2) Not later than December 15, 2001, the Secretary

11 shall transmit to the committees referred to in paragraph

12 (1) the Secretary’s comments on the final report sub13 mitted to the committees under subparagraph (B) of that

14 paragraph.

15 (e) INFORMATION FROM FEDERAL AGENCIES.—The

16 Panel may secure directly from the Department of De17 fense and any of its components and from any other de18 partment and agency of the United States such informa19 tion as the Panel considers necessary to carry out its du20 ties under this section. The head of the department or

21 agency concerned shall ensure that information requested

22 by the Panel under this subsection is promptly provided.

23 (f) PERSONNEL MATTERS.—(1) Each member of the

24 Panel shall be compensated at a rate equal to the daily

25 equivalent of the annual rate of basic pay prescribed for
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1 level IV of the Executive Schedule under section 5315 of

2 title 5, United States Code, for each day (including travel

3 time) during which the member is engaged in the perform4 ance of the duties of the Panel.

5 (2) The members of the Panel shall be allowed travel

6 expenses, including per diem in lieu of subsistence, at

7 rates authorized for employees of agencies under sub8 chapter I of chapter 57 of title 5, United States Code,

9 while away from their homes or regular places of business

10 in the performance of services for the Panel.

11 (3)(A) The chairman of the Panel may, without re12 gard to the civil service laws and regulations, appoint and

13 terminate an executive director and a staff if the Panel

14 determines that an executive director and staff are nec15 essary in order for the Panel to perform its duties effec16 tively. The employment of an executive director shall be

17 subject to confirmation by the Panel.

18 (B) The chairman may fix the compensation of the

19 executive director without regard to the provisions of

20 chapter 51 and subchapter III of chapter 53 of title 5,

21 United States Code, relating to classification of positions

22 and General Schedule pay rates, except that the rate of

23 pay for the executive director may not exceed the rate pay24 able for level V of the Executive Schedule under section

25 5316 of such title.
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1 (4) Any employee of the United States may be de2 tailed to the Panel without reimbursement of the employ3 ee’s agency, and such detail shall be without interruption

4 or loss of civil service status or privilege. The Secretary

5 shall ensure that sufficient personnel are detailed to the

6 Panel to enable the Panel to carry out its duties effec7 tively.

8 (5) To the maximum extent practicable, the members

9 and employees of the Panel shall travel on military air10 craft, military ships, military vehicles, or other military

11 conveyances when travel is necessary in the performance

12 of a duty of the Panel, except that no such aircraft, ship,

13 vehicle, or other conveyance may be scheduled primarily

14 for the transportation of any such member or employee

15 when the cost of commercial transportation is less expen16 sive.

17 (g) ADMINISTRATIVE PROVISIONS.—(1) The Panel

18 may use the United States mails and obtain printing and

19 binding services in the same manner and under the same

20 conditions as other departments and agencies of the Fed21 eral Government.

22 (2) The Secretary shall furnish the Panel any admin23 istrative and support services requested by the Panel.

24 (3) The Panel may accept, use, and dispose of gifts

25 or donations of services or property.
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1 (h) PAYMENT OF PANEL EXPENSES.—The com2 pensation, travel expenses, and per diem allowances of

3 members and employees of the Panel shall be paid out of

4 funds available to the Department of Defense for the pay5 ment of compensation, travel allowances, and per diem al6 lowances, respectively, of civilian employees of the Depart7 ment. The other expenses of the Panel shall be paid out

8 of funds available to the Department for the payment of

9 similar expenses incurred by the Department.

10 (i) TERMINATION.—The Panel shall terminate at the

11 end of the year following the year in which the Panel sub12 mits its final report under subsection (d)(1)(B). For the

13 period that begins 90 days after the date of submittal of

14 the report, the activities and staff of the panel shall be

15 reduced to a level that the Secretary of Defense considers

16 sufficient to continue the availability of the panel for con17 sultation with the Secretary of Defense and with the Com18 mittees on Armed Services of the Senate and the House

19 of Representatives.

20 SEC. 904. QUADRENNIAL NATIONAL DEFENSE PANEL.

21 (a) NATIONAL DEFENSE PANEL.—(1) Chapter 7 of

22 title 10, United States Code, is amended by adding at the

23 end the following:
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1 ‘‘§ 184. National Defense Panel

2 ‘‘(a) ESTABLISHMENT.—Not later than January 1 of

3 each year immediately preceding a year in which a Presi4 dent is to be inaugurated, the Secretary of Defense shall

5 establish a nonpartisan, independent panel to be known

6 as the National Defense Panel. The Panel shall have the

7 duties set forth in this section.

8 ‘‘(b) MEMBERSHIP AND CHAIRMAN.—(1) The Panel

9 shall be composed of nine members appointed from among

10 persons in the private sector who are recognized experts

11 in matters relating to the national security of the United

12 States, as follows:

13 ‘‘(A) Three members appointed by the Sec14 retary of Defense.

15 ‘‘(B) Three members appointed by the Chair16 man of the Committee on Armed Services of the

17 Senate, in consultation with the ranking member of

18 the committee.

19 ‘‘(C) Three members appointed by the Chair20 man of the Committee on Armed Services of the

21 House of Representatives, in consultation with the

22 ranking member of the committee.

23 ‘‘(2) The Secretary of Defense, in consultation with

24 the chairmen and ranking members of the Committees on

25 Armed Services of the Senate and the House of Represent-
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1 atives, shall designate one of the members to serve as the

2 chairman of the Panel

3 ‘‘(c) DUTIES.—(1) The Panel shall—

4 ‘‘(A) assess the matters referred to in para5 graph (2);

6 ‘‘(B) assess the current and projected strategic

7 environment, together with the progress made by the

8 armed forces in transforming to meet the environ9 ment;

10 ‘‘(C) identify the most dangerous threats to the

11 national security interests of the United States that

12 are to be countered by the United States in the en13 suing 10 years and those that are to be encountered

14 in the ensuing 20 years;

15 ‘‘(D) identify the strategic and operational chal16 lenges for the armed forces to address in order to

17 prepare to counter the threats identified under sub18 paragraph (C);

19 ‘‘(E) develop—

20 ‘‘(i) a recommendation on the priority that

21 should be accorded to each of the strategic and

22 operational challenges identified under subpara23 graph (D); and

24 ‘‘(ii) a recommendation on the priority that

25 should be accorded to the development of each
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1 joint capability needed to meet each such chal2 lenge; and

3 ‘‘(F) identify the issues that the Panel rec4 ommends for assessment during the next quadren5 nial review to be conducted under section 118 of this

6 title.

7 ‘‘(2) The matters to be assessed under paragraph

8 (1)(A) are the defense strategy, force structure, force

9 modernization plans, infrastructure, budget plan, and

10 other elements of the defense program and policies estab11 lished since the previous quadrennial defense review under

12 section 118 of this title.

13 ‘‘(3) The Panel shall conduct the assessments under

14 paragraph (1) with a view toward recommending—

15 ‘‘(A) the most critical changes that should be

16 made to the defense strategy of the United States

17 for the ensuing 10 years and the most critical

18 changes that should be made to the defense strategy

19 of the United States for the ensuing 20 years; and

20 ‘‘(B) any changes considered appropriate by the

21 Panel regarding the major weapon systems pro22 grammed for the force, including any alternatives to

23 those weapon systems.

24 ‘‘(d) REPORT.—(1) The Panel, in the year that it is

25 conducting an assessment under subsection (c), shall sub-
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1 mit to the Secretary of Defense and to the Committees

2 on Armed Services of the Senate and the House of Rep3 resentatives two reports on the assessment, including a

4 discussion of the Panel’s activities, the findings and rec5 ommendations of the Panel, and any recommendations for

6 legislation that the Panel considers appropriate, as fol7 lows:

8 ‘‘(A) An interim report not later than July 1 of

9 the year.

10 ‘‘(B) A final report not later than December 1

11 of the year.

12 ‘‘(2) Not later than December 15 of the year in which

13 the Secretary receives a final report under paragraph

14 (1)(B), the Secretary shall submit to the committees re15 ferred to in paragraph (1) the Secretary’s comments on

16 that report.

17 ‘‘(e) INFORMATION FROM FEDERAL AGENCIES.—

18 The Panel may secure directly from the Department of

19 Defense and any of its components and from any other

20 department or agency of the United States any informa21 tion that the Panel considers necessary to carry out its

22 duties under this section. The head of that department

23 or agency shall ensure that information requested by the

24 Panel under this subsection is promptly provided.
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1 ‘‘(f) PERSONNEL MATTERS.—(1) Each member of

2 the Panel shall be compensated at a rate equal to the daily

3 equivalent of the annual rate of basic pay prescribed for

4 level IV of the Executive Schedule under section 5315 of

5 title 5 for each day (including travel time) during which

6 the member is engaged in the performance of the duties

7 of the Panel.

8 ‘‘(2) The members of the Panel shall be allowed travel

9 expenses, including per diem in lieu of subsistence, at

10 rates authorized for employees of agencies under sub11 chapter I of chapter 57 of title 5 while away from their

12 homes or regular places of business in the performance

13 of services for the Panel.

14 ‘‘(3)(A) The chairman of the Panel may, without re15 gard to the civil service laws and regulations, appoint and

16 terminate an executive director and a staff if the Panel

17 determines that an executive director and staff are nec18 essary in order for the Panel to perform its duties effec19 tively. The employment of an executive director shall be

20 subject to confirmation by the Panel.

21 ‘‘(B) The chairman may fix the compensation of the

22 executive director without regard to the provisions of

23 chapter 51 and subchapter III of chapter 53 of title 5 re24 lating to classification of positions and General Schedule

25 pay rates, except that the rate of pay for the executive
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1 director may not exceed the rate payable for level V of

2 the Executive Schedule under section 5316 of such title.

3 ‘‘(4) Any Federal Government employee may be de4 tailed to the Panel without reimbursement of the employ5 ee’s agency, and such detail shall be without interruption

6 or loss of civil service status or privilege. The Secretary

7 shall ensure that sufficient personnel are detailed to the

8 Panel to enable the Panel to carry out its duties effec9 tively.

10 ‘‘(5) To the maximum extent practicable, the mem11 bers and employees of the Panel shall travel on military

12 aircraft, military ships, military vehicles, or other military

13 conveyances when travel is necessary in the performance

14 of a duty of the Panel, except that no such aircraft, ship,

15 vehicle, or other conveyance may be scheduled primarily

16 for the transportation of any such member or employee

17 when the cost of commercial transportation is less expen18 sive.

19 ‘‘(g) ADMINISTRATIVE PROVISIONS.—(1) The Panel

20 may use the United States mails and obtain printing and

21 binding services in the same manner and under the same

22 conditions as other departments and agencies of the Fed23 eral Government.

24 ‘‘(2) The Secretary shall furnish the Panel any ad25 ministrative and support services requested by the Panel.
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1 ‘‘(3) The Panel may accept, use, and dispose of gifts

2 or donations of services or property.

3 ‘‘(h) PAYMENT OF PANEL EXPENSES.—The com4 pensation, travel expenses, and per diem allowances of

5 members and employees of the Panel shall be paid out of

6 funds available to the Department of Defense for the pay7 ment of compensation, travel allowances, and per diem al8 lowances, respectively, of civilian employees of the Depart9 ment. The other expenses of the Panel shall be paid out

10 of funds available to the Department for the payment of

11 similar expenses incurred by the Department.

12 ‘‘(i) TERMINATION.—The Panel shall terminate at

13 the end of the year following the year in which the Panel

14 submits its final report under subsection (d)(1)(B). For

15 the period that begins 90 days after the date of submittal

16 of the report, the activities and staff of the panel shall

17 be reduced to a level that the Secretary of Defense con18 siders sufficient to continue the availability of the Panel

19 for consultation with the Secretary of Defense and with

20 the Committees on Armed Services of the Senate and the

21 House of Representatives.’’.

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

23 chapter is amended by adding at the end the following:

‘‘184. National Defense Panel.’’.

24 (b) FIRST PANEL TO BE ESTABLISHED IN 2004.—

25 The first National Defense Panel under section 184 of
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1 title 10, United States Code (as added by subsection (a)),

2 shall be established in 2004.

3 SEC. 905. INSPECTOR GENERAL INVESTIGATIONS OF PRO4 HIBITED PERSONNEL ACTIONS.

5 (a) STANDARDS AND PROCEDURES FOR PRELIMI6 NARY DETERMINATIONS.—Subsection (c)(3)(A) of section

7 1034 of title 10, United States Code, is amended by in8 serting ‘‘, in accordance with regulations prescribed under

9 subsection (h),’’ after ‘‘shall expeditiously determine’’.

10 (b) DEFINITION OF INSPECTOR GENERAL.—Sub11 section (i)(2) of such section is amended by adding at the

12 end the following:

13 ‘‘(H) An officer of the armed forces or em14 ployee of the Department of Defense, not re15 ferred to in any other subparagraph of this

16 paragraph, who is assigned or detailed to serve

17 as an Inspector General at any level in the De18 partment of Defense.’’.

19 SEC. 906. NETWORK CENTRIC WARFARE.

20 (a) GOAL.—It shall be a goal of the Department of

21 Defense to fully coordinate the network centric warfare

22 efforts being pursued by the Joint Chiefs of Staff, the De23 fense Agencies, and the military departments so that (1)

24 the concepts, procedures, training, and technology devel25 opment resulting from those efforts lead to an integrated
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1 information network, and (2) a coherent concept for ena2 bling information dominance in joint military operations

3 can be formulated.

4 (b) REPORT ON IMPLEMENTATION OF NETWORK

5 CENTRIC WARFARE PRINCIPLES.—(1) The Secretary of

6 Defense, in consultation with the Chairman of the Joint

7 Chiefs of Staff, shall submit to the congressional defense

8 committees a report on the development and implementa9 tion of network centric warfare concepts in the Depart10 ment of Defense.

11 (2) The report shall contain the following:

12 (A) A clear definition and terminology to de13 scribe the set of operational concepts referred to as

14 network centric warfare.

15 (B) An identification and description of cur16 rent, planned, and needed activities by the Office of

17 the Secretary of Defense, the Joint Chiefs of Staff,

18 and the United States Joint Forces Command to co19 ordinate the development of doctrine and the defini20 tion of requirements and to ensure that those activi21 ties are consistent with the concepts of network cen22 tric warfare and information superiority that are ar23 ticulated in Joint Vision 2010 issued by the Joint

24 Chiefs of Staff.
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1 (C) Recommended metrics, and a process for

2 applying and reporting such metrics, to assist the

3 Secretary of Defense and the Chairman of the Joint

4 Chiefs of Staff in the evaluation of the progress

5 being made toward—

6 (i) the implementation of the concepts of

7 network centric warfare and information superi8 ority that are articulated in Joint Vision 2010;

9 and

10 (ii) the attainment of a fully integrated,

11 joint command, control, communications, com12 puters, intelligence, surveillance, and reconnais13 sance capability.

14 (D) A recommended joint concept development

15 and experimentation campaign for enabling the co16 evolution of doctrine, organization, training, mate17 riel, leadership, people, and facilities that are perti18 nent to achieving advances in command and control

19 consistent with the concepts of network centric war20 fare and information superiority articulated in those

21 vision statements.

22 (E) A description of the programs and initia23 tives underway, together with a discussion of the

24 progress made (as determined using metrics rec25 ommended under subparagraph (C)) toward—
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1 (i) establishing a foundation for net2 working the sensors, combat personnel and

3 weapon systems, and decisionmaking nodes to

4 ensure that there is seamless communication

5 within each of the Armed Forces and across the

6 Armed Forces;

7 (ii) achieving, within and between the

8 Armed Forces, full situational awareness of the

9 dispositions of friendly forces so that joint task

10 forces can operate effectively on fast-changing

11 battlefields with substantially reduced risk of

12 fratricide and less restrictive control measures;

13 and

14 (iii) ensuring a seamless delivery of fire on

15 targets by the Armed Forces and allied forces,

16 with particular attention being given in that

17 discussion to how networking of surface and

18 aerial fire delivery and aerial transport assets

19 can be exploited to manage theater airspace so

20 as to minimize the coordination steps necessary

21 for obtaining fire clearance or aerial transit

22 clearance.

23 (F) An identification of the additional powers

24 that must be provided the officials making joint pol25 icy for the Armed Forces in order to ensure that
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1 those officials have sufficient authority quickly to de2 velop and implement means for supporting network

3 centric warfare, including such means as interoper4 able intranets of the Armed Forces and joint and al5 lied interoperability standards for the joint operating

6 environment.

7 (G) The areas of joint authority that require

8 greater emphasis or resource allocation.

9 (H) The specific organizational entities that can

10 provide coordination for the development of network

11 centric warfare systems and doctrine.

12 (I) The joint requirements under development

13 that will lead to the acquisition of technologies for

14 enabling the implementation and support of network

15 centric warfare, together with—

16 (i) a description of how the joint require17 ments are modifying existing requirements and

18 vision statements of each of the Armed Forces

19 to better reflect the joint nature of network cen20 tric warfare;

21 (ii) a description of how the vision state22 ments are being expanded to reflect the role of

23 network centric warfare concepts in future coa24 lition operations and operations other than war;

25 and
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1 (iii) an evaluation of whether there is a

2 need to modify the milestone decision processes

3 for all acquisition programs that directly affect

4 joint task force interoperability and interoper5 ability between the Armed Forces.

6 (J) A discussion of how the efforts within the

7 Department of Defense to implement information

8 superiority concepts described in Joint Vision 2010

9 are informed by private sector investments, and suc10 cesses and failures, in implementing networking

11 technologies that enhance distribution, inventory

12 control, maintenance management, personnel man13 agement, knowledge management, technology devel14 opment, and other relevant business areas.

15 (K) A discussion of how Department of Defense

16 activities to establish a joint network centric

17 capability—

18 (i) are coordinated with the Intelligence

19 Community, the Department of Commerce, the

20 Department of Justice, the Federal Emergency

21 Management Agency, and other departments

22 and agencies of the United States; and

23 (ii) are carried out in accordance with

24 Presidential Decision Directive 63 and the Na25 tional Plan for Information Systems Protection.
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1 (c) STUDY ON USE OF JOINT EXPERIMENTATION

2 FOR DEVELOPING NETWORK CENTRIC WARFARE CON3 CEPTS.—(1) The Secretary of Defense shall conduct a

4 study on the present and future use of the joint experi5 mentation program of the Department of Defense in the

6 development of network centric warfare concepts.

7 (2) The Secretary shall submit to the congressional

8 defense committees a report on the results of the study.

9 The report shall include the following:

10 (A) A survey and description of how experimen11 tation under the joint experimentation program and

12 experimentation under the experimentation program

13 of each of the Armed Forces are being used for eval14 uating emerging concepts in network centric war15 fare.

16 (B) Recommended means and mechanisms for

17 using the results of the joint experimentation for de18 veloping new joint requirements, new joint doctrine,

19 and new acquisition programs of the military depart20 ments and Defense Agencies with a view to achiev21 ing the objective of supporting network centric oper22 ations.

23 (C) Recommendations on future joint experi24 mentation to validate and accelerate the use of net-
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1 work centric warfare concepts in operations involving

2 coalition forces.

3 (D) Recommendations on how joint experimen4 tation can be used to identify impediments to—

5 (i) the development of a joint information

6 network; and

7 (ii) the seamless coordination of the

8 intranet systems of each of the Armed Forces

9 in operational environments.

10 (E) Recommendations on how joint experimen11 tation can be used to develop concepts in revolu12 tionary force redesign to leverage new operational

13 concepts in network centric warfare.

14 (F) The levels of appropriations necessary for

15 joint experimentation on network-related concepts.

16 (3) The Secretary of Defense, acting through the

17 Chairman of the Joint Chiefs of Staff, shall designate the

18 Commander in Chief of the United States Joint Forces

19 Command to carry out the study and to prepare the report

20 required under this subsection.

21 (d) REPORT ON SCIENCE AND TECHNOLOGY PRO22 GRAMS TO SUPPORT NETWORK CENTRIC WARFARE CON23 CEPTS.—(1) The Under Secretary of Defense for Acquisi24 tion, Technology, and Logistics shall submit to the con25 gressional defense committees a report describing the co-
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1 ordination of the science and technology investments of

2 the military departments and Defense Agencies in the de3 velopment of future joint network centric warfare capabili4 ties. The Under Secretary shall consult with the Chairman

5 of the Joint Chiefs of Staff in the preparation of the re6 port.

7 (2) The report shall include the following:

8 (A) A discussion of the science and technology

9 investments in the following areas:

10 (i) Sensors, including ground-based, air11 based, sea-based, and space-based inhabited

12 and uninhabited systems.

13 (ii) Seamless communications and net14 working protocols and technologies.

15 (iii) Modeling and simulation of tech16 nologies and operational concepts.

17 (iv) Secure and reliable information net18 works and databases.

19 (v) Computing and software technology.

20 (vi) Robust human-machine interfaces.

21 (vii) Novel training concepts for supporting

22 network centric operations.

23 (B) For the areas listed in subparagraph (A)—
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1 (i) a rationalization of the rapid pace of

2 technological change and the influence of global

3 developments in commercial technology; and

4 (ii) an explanation of how that rationaliza5 tion is informing and modifying science and

6 technology investments made by the Depart7 ment of Defense.

8 (e) TIME FOR SUBMISSION OF REPORTS.—Each re9 port required under this section shall be submitted not

10 later than March 1, 2001.

11 SEC. 907. ADDITIONAL DUTIES FOR THE COMMISSION TO

12 ASSESS UNITED STATES NATIONAL SECURITY

13 SPACE MANAGEMENT AND ORGANIZATION.

14 Section 1622(a) of the National Defense Authoriza15 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

16 Stat. 814; 10 U.S.C. 111 note) is amended by adding at

17 the end the following:

18 ‘‘(6) The advisability of—

19 ‘‘(A) various actions to eliminate the re20 quirement for specified officers in the United

21 States Space Command to be flight rated that

22 results from the dual assignment of such offi23 cers to that command and to one or more other

24 commands for which the officers are expressly

25 required to be flight rated;
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1 ‘‘(B) the establishment of a requirement

2 that all new general or flag officers of the

3 United States Space Command have experience

4 in space, missile, or information operations that

5 is either acquisition experience or operational

6 experience; and

7 ‘‘(C) rotating the command of the United

8 States Space Command among the Armed

9 Forces.’’.

10 SEC. 908. SPECIAL AUTHORITY FOR ADMINISTRATION OF

11 NAVY FISHER HOUSES.

12 (a) BASE OPERATING SUPPORT.—Section 2493 of

13 title 10, United States Code, is amended—

14 (1) by redesignating subsection (f) as sub15 section (g); and

16 (2) by inserting after subsection (e) the fol17 lowing new subsection (f):

18 ‘‘(f) SPECIAL AUTHORITY FOR NAVY.—The Sec19 retary of the Navy shall provide base operating support

20 for Fisher Houses associated with health care facilities of

21 the Navy. The level of the support shall be equivalent to

22 the base operating support that the Secretary provides for

23 morale, welfare, and recreation category B community ac24 tivities (as defined in regulations, prescribed by the Sec-
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1 retary, that govern morale, welfare, and recreation activi2 ties associated with Navy installations).’’.

3 (b) SAVINGS PROVISIONS FOR CERTAIN NAVY EM4 PLOYEES.—(1) The Secretary of the Navy may continue

5 to employ, and pay out of appropriated funds, any em6 ployee of the Navy in the competitive service who, as of

7 October 17, 1998, was employed by the Navy in a position

8 at a Fisher House administered by the Navy, but only for

9 so long as the employee is continuously employed in that

10 position.

11 (2) After a person vacates a position in which the

12 person was continued to be employed under the authority

13 of paragraph (1), a person employed in that position shall

14 be employed as an employee of a nonappropriated fund

15 instrumentality of the United States and may not be paid

16 for services in that position out of appropriated funds.

17 (3) In this subsection:

18 (A) The term ‘‘Fisher House’’ has the meaning

19 given the term in section 2493(a)(1) of title 10,

20 United States Code.

21 (B) The term ‘‘competitive service’’ has the

22 meaning given the term in section 2102 of title 5,

23 United States Code.

24 (c) EFFECTIVE DATE.—(1) The amendments made

25 by subsection (a) shall be effective as of October 17, 1998,
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1 as if included in section 2493 of title 10, United States

2 Code, as enacted by section 906(a) of Public Law 105–

3 261.

4 (2) Subsection (b) applies with respect to the pay pe5 riod that includes October 17, 1998, and subsequent pay

6 periods.

7 SEC. 909. ORGANIZATION AND MANAGEMENT OF THE CIVIL

8 AIR PATROL.

9 (a) IN GENERAL.—Chapter 909 of title 10, United

10 States Code, is amended to read as follow:

11 ‘‘CHAPTER 909—CIVIL AIR

12 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.

13 ‘‘§ 9441. Status as federally chartered corporation;

14 purposes

15 ‘‘(a) STATUS.—(1) The Civil Air Patrol is a nonprofit

16 corporation that is federally chartered under section

17 40301 of title 36.

18 ‘‘(2) Except as provided in section 9442(b)(2) of this

19 title, the Civil Air Patrol is not an instrumentality of the

20 Federal Government for any purpose.
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1 ‘‘(b) PURPOSES.—The purposes of the Civil Air Pa2 trol are set forth in section 40302 of title 36.

3 ‘‘§ 9442. Status as volunteer civilian auxiliary of the

4 Air Force

5 ‘‘(a) VOLUNTEER CIVILIAN AUXILIARY.—The Civil

6 Air Patrol is a volunteer civilian auxiliary of the Air Force

7 when the services of the Civil Air Patrol are used by any

8 department or agency in any branch of the Federal Gov9 ernment.

10 ‘‘(b) USE BY AIR FORCE.—(1) The Secretary of the

11 Air Force may use the services of the Civil Air Patrol to

12 fulfill the noncombat programs and missions of the De13 partment of the Air Force.

14 ‘‘(2) The Civil Air Patrol shall be deemed to be an

15 instrumentality of the United States with respect to any

16 act or omission of the Civil Air Patrol, including any mem17 ber of the Civil Air Patrol, in carrying out a mission as18 signed by the Secretary of the Air Force.

19 ‘‘§ 9443. Activities not performed as auxiliary of the

20 Air Force

21 ‘‘(a) SUPPORT FOR STATE AND LOCAL AUTHORI22 TIES.—The Civil Air Patrol may, in its status as a feder23 ally chartered nonprofit corporation and not as an auxil24 iary of the Air Force, provide assistance requested by

25 State or local governmental authorities to perform disaster
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1 relief missions and activities, other emergency missions

2 and activities, and nonemergency missions and activities.

3 Missions and activities carried out under this section shall

4 be consistent with the purposes of the Civil Air Patrol.

5 ‘‘(b) USE OF FEDERALLY PROVIDED RESOURCES.—

6 (1) To perform any mission or activity authorized under

7 subsection (a), the Civil Air Patrol may use any equip8 ment, supplies, and other resources provided to it by the

9 Air Force or by any other department or agency of the

10 Federal Government or acquired by or for the Civil Air

11 Patrol with appropriated funds, without regard to whether

12 the Civil Air Patrol has reimbursed the Federal Govern13 ment source for the equipment, supplies, other resources,

14 or funds, as the case may be.

15 ‘‘(2) The use of equipment, supplies, or other re16 sources under paragraph (1) is subject to—

17 ‘‘(A) the terms and conditions of the applicable

18 agreement entered into under chapter 63 of title 31;

19 and

20 ‘‘(B) the laws and regulations that govern the

21 use by nonprofit corporations of federally provided

22 assets or of assets purchased with appropriated

23 funds, as the case may be.

24 ‘‘(c) AUTHORITY NOT CONTINGENT ON REIMBURSE25 MENT.—The authority for the Civil Air Patrol to provide
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1 assistance under this section is not contingent on the Civil

2 Air Patrol being reimbursed for the cost of providing the

3 assistance. If the Civil Air Patrol requires reimbursement

4 for the provision of any such assistance, the Civil Air Pa5 trol may establish the reimbursement rate for the assist6 ance at a rate less than the rate charged by private sector

7 sources for equivalent services.

8 ‘‘(d) LIABILITY INSURANCE.—The Secretary of the

9 Air Force may provide the Civil Air Patrol with funds for

10 paying the cost of liability insurance for missions and ac11 tivities carried out under this section.

12 ‘‘§ 9444. Activities performed as auxiliary of the Air

13 Force

14 ‘‘(a) AIR FORCE SUPPORT FOR ACTIVITIES.—The

15 Secretary of the Air Force may furnish to the Civil Air

16 Patrol in accordance with this section any equipment, sup17 plies, and other resources that the Secretary determines

18 necessary to enable the Civil Air Patrol to fulfill the mis19 sions assigned by the Secretary to the Civil Air Patrol as

20 an auxiliary of the Air Force.

21 ‘‘(b) FORMS OF AIR FORCE SUPPORT.—The Sec22 retary of the Air Force may, under subsection (a)—

23 ‘‘(1) give, lend, or sell to the Civil Air Patrol

24 without regard to the Federal Property and Admin-
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1 istrative Services Act of 1949 (40 U.S.C. 471 et

2 seq.)—

3 ‘‘(A) major items of equipment (including

4 aircraft, motor vehicles, computers, and com5 munications equipment) that are excess to the

6 military departments; and

7 ‘‘(B) necessary related supplies and train8 ing aids that are excess to the military depart9 ments;

10 ‘‘(2) permit the use, with or without charge, of

11 services and facilities of the Air Force;

12 ‘‘(3) furnish supplies (including fuel, lubricants,

13 and other items required for vehicle and aircraft op14 erations) or provide funds for the acquisition of sup15 plies;

16 ‘‘(4) establish, maintain, and supply liaison offi17 cers of the Air Force at the national, regional, State,

18 and territorial headquarters of the Civil Air Patrol;

19 ‘‘(5) detail or assign any member of the Air

20 Force or any officer, employee, or contractor of the

21 Department of the Air Force to any liaison office at

22 the national, regional, State, or territorial head23 quarters of the Civil Air Patrol;

24 ‘‘(6) detail any member of the Air Force or any

25 officer, employee, or contractor of the Department of
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1 the Air Force to any unit or installation of the Civil

2 Air Patrol to assist in the training programs of the

3 Civil Air Patrol;

4 ‘‘(7) authorize the payment of travel expenses

5 and allowances, at rates not to exceed those paid to

6 employees of the Federal Government under sub7 chapter I of chapter 57 of title 5, to members of the

8 Civil Air Patrol while the members are carrying out

9 programs or missions specifically assigned by the Air

10 Force;

11 ‘‘(8) provide funds for the national head12 quarters of the Civil Air Patrol, including—

13 ‘‘(A) funds for the payment of staff com14 pensation and benefits, administrative expenses,

15 travel, per diem and allowances, rent, utilities,

16 other operational expenses of the national head17 quarters; and

18 ‘‘(B) to the extent considered necessary by

19 the Secretary of the Air Force to fulfill Air

20 Force requirements, funds for the payment of

21 compensation and benefits for key staff at re22 gional, State, or territorial headquarters;

23 ‘‘(9) authorize the payment of expenses of plac24 ing into serviceable condition, improving, and main25 taining equipment (including aircraft, motor vehi-
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1 cles, computers, and communications equipment)

2 owned or leased by the Civil Air Patrol;

3 ‘‘(10) provide funds for the lease or purchase of

4 items of equipment that the Secretary determines

5 necessary for the Civil Air Patrol;

6 ‘‘(11) support the Civil Air Patrol cadet pro7 gram by furnishing—

8 ‘‘(A) articles of the Air Force uniform to

9 cadets without cost; and

10 ‘‘(B) any other support that the Secretary

11 of the Air Force determines is consistent with

12 Air Force missions and objectives; and

13 ‘‘(12) provide support, including appropriated

14 funds, for the Civil Air Patrol aerospace education

15 program to the extent that the Secretary of the Air

16 Force determines appropriate for furthering the ful17 fillment of Air Force missions and objectives.

18 ‘‘(c) ASSISTANCE BY OTHER AGENCIES.—(1) The

19 Secretary of the Air Force may arrange for the use by

20 the Civil Air Patrol of such facilities and services under

21 the jurisdiction of the Secretary of the Army, the Sec22 retary of the Navy, or the head of any other department

23 or agency of the United States as the Secretary of the

24 Air Force considers to be needed by the Civil Air Patrol

25 to carry out its mission.
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1 ‘‘(2) An arrangement for use of facilities or services

2 of a military department or other department or agency

3 under this subsection shall be subject to the agreement

4 of the Secretary of the military department or head of the

5 other department or agency, as the case may be.

6 ‘‘(3) Each arrangement under this subsection shall be

7 made in accordance with regulations prescribed under sec8 tion 9448 of this title.

9 ‘‘§ 9445. Funds appropriated for the Civil Air Patrol

10 ‘‘Funds appropriated for the Civil Air Patrol shall be

11 available only for the exclusive use of the Civil Air Patrol.

12 ‘‘§ 9446. Miscellaneous personnel authorities

13 ‘‘(a) USE OF RETIRED AIR FORCE PERSONNEL.—

14 (1) Upon the request of a person retired from service in

15 the Air Force, the Secretary of the Air Force may enter

16 into a personal services contract with that person pro17 viding for the person to serve as an administrator or liai18 son officer for the Civil Air Patrol. The qualifications of

19 a person to provide the services shall be determined and

20 approved in accordance with regulations prescribed under

21 section 9448 of this title.

22 ‘‘(2) To the extent provided in a contract under para23 graph (1), a person providing services under the contract

24 may accept services on behalf of the Air Force.
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1 ‘‘(3) A person, while providing services under a con2 tract authorized under paragraph (1), may not be consid3 ered to be on active duty or inactive-duty training for any

4 purpose.

5 ‘‘(b) USE OF CIVIL AIR PATROL CHAPLAINS.—The

6 Secretary of the Air Force may use the services of Civil

7 Air Patrol chaplains in support of the Air Force active

8 duty and reserve component forces to the extent and under

9 conditions that the Secretary determines appropriate.

10 ‘‘§ 9447. Board of Governors

11 ‘‘(a) GOVERNING BODY.—The Board of Governors of

12 the Civil Air Patrol is the governing body of the Civil Air

13 Patrol.

14 ‘‘(b) COMPOSITION.—The Board of Governors is

15 composed of 13 members as follows:

16 ‘‘(1) Four members appointed by the Secretary

17 of the Air Force, who may be active or retired offi18 cers of the Air Force (including reserve components

19 of the Air Force), employees of the Federal Govern20 ment, or private citizens.

21 ‘‘(2) Four members of the Civil Air Patrol,

22 elected from among the members of the Civil Air

23 Patrol in the manner provided in regulations pre24 scribed under section 9448 of this title.
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1 ‘‘(3) Three members appointed or selected as

2 provided in subsection (c) from among personnel of

3 any Federal Government agencies, public corpora4 tions, nonprofit associations, and other organizations

5 that have an interest and expertise in civil aviation

6 and the Civil Air Patrol mission.

7 ‘‘(4) One member appointed by the Majority

8 Leader of the Senate.

9 ‘‘(5) One member appointed by the Speaker of

10 the House of Representatives.

11 ‘‘(c) APPOINTMENTS FROM INTERESTED ORGANIZA12 TIONS.—(1) Subject to paragraph (2), the members of the

13 Board of Governors referred to in subsection (b)(3) shall

14 be appointed jointly by the Secretary of the Air Force and

15 the National Commander of the Civil Air Patrol.

16 ‘‘(2) Any vacancy in the position of a member re17 ferred to in paragraph (1) that is not filled under that

18 paragraph within 90 days shall be filled by majority vote

19 of the other members of the Board.

20 ‘‘(d) CHAIRPERSON.—(1) The Chairperson of the

21 Board of Governors shall be chosen by the members of

22 the Board of Governors from among the members of the

23 Board eligible for selection under paragraph (2) and shall

24 serve for a term of two years.
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1 ‘‘(2) The position of Chairperson shall be held on a

2 rotating basis, first by a member of the Board selected

3 from among those appointed by the Secretary of the Air

4 Force under paragraph (1) of subsection (b) and then by

5 a member of the Board selected from among the members

6 elected by the Civil Air Patrol under paragraph (2) of that

7 subsection. Upon the expiration of the term of a Chair8 person selected from among the members referred to in

9 one of those paragraphs, the selection of a successor to

10 that position shall be made from among the members who

11 are referred to in the other paragraph.

12 ‘‘(e) POWERS.—(1) The Board of Governors shall,

13 subject to paragraphs (2) and (3), exercise the powers

14 granted under section 40304 of title 36.

15 ‘‘(2) Any exercise by the Board of the power to

16 amend the constitution or bylaws of the Civil Air Patrol

17 or to adopt a new constitution or bylaws shall be subject

18 to the approval of the corporate officers of the Civil Air

19 Patrol, as those officers are defined in the constitution and

20 bylaws of the Civil Air Patrol.

21 ‘‘(3) Neither the Board of Governors nor any other

22 component of the Civil Air Patrol may modify or terminate

23 any requirement or authority set forth in this section.

24 ‘‘(f) PERSONAL LIABILITY FOR BREACH OF A FIDU25 CIARY DUTY.—(1) The Board of Governors may, subject
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1 to paragraph (2), take such action as is necessary to limit

2 the personal liability of a member of the Board of Gov3 ernors to the Civil Air Patrol or to any of its members

4 for monetary damages for a breach of fiduciary duty while

5 serving as a member of the Board.

6 ‘‘(2) The Board may not limit the liability of a mem7 ber of the Board of Governors to the Civil Air Patrol or

8 to any of its members for monetary damages for any of

9 the following:

10 ‘‘(A) A breach of the member’s duty of loyalty

11 to the Civil Air Patrol or its members.

12 ‘‘(B) Any act or omission that is not in good

13 faith or that involves intentional misconduct or a

14 knowing violation of law.

15 ‘‘(C) Participation in any transaction from

16 which the member directly or indirectly derives an

17 improper personal benefit.

18 ‘‘(3) Nothing in this subsection shall be construed as

19 rendering section 207 or 208 of title 18 inapplicable in

20 any respect to a member of the Board of Governors who

21 is a member of the Air Force on active duty, an officer

22 on a retired list of the Air Force, or an employee of the

23 Federal Government.

24 ‘‘(g) PERSONAL LIABILITY FOR BREACH OF A FIDU25 CIARY DUTY.—(1) Except as provided in paragraph (2),
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1 no member of the Board of Governors or officer of the

2 Civil Air Patrol shall be personally liable for damages for

3 any injury or death or loss or damage of property resulting

4 from a tortious act or omission of an employee or member

5 of the Civil Air Patrol.

6 ‘‘(2) Paragraph (1) does not apply to a member of

7 the Board of Governors or officer of the Civil Air Patrol

8 for a tortious act or omission in which the member or offi9 cer, as the case may be, was personally involved, whether

10 in breach of a civil duty or in commission of a criminal

11 offense.

12 ‘‘(3) Nothing in this subsection shall be construed to

13 restrict the applicability of common law protections and

14 rights that a member of the Board of Governors or officer

15 of the Civil Air Patrol may have.

16 ‘‘(4) The protections provided under this subsection

17 are in addition to the protections provided under sub18 section (f).

19 ‘‘§ 9448. Regulations

20 ‘‘(a) AUTHORITY.—The Secretary of the Air Force

21 shall prescribe regulations for the administration of this

22 chapter.

23 ‘‘(b) REQUIRED REGULATIONS.—The regulations

24 shall include the following:
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1 ‘‘(1) Regulations governing the conduct of the

2 activities of the Civil Air Patrol when it is per3 forming its duties as a volunteer civilian auxiliary of

4 the Air Force under section 9442 of this title.

5 ‘‘(2) Regulations for providing support by the

6 Air Force and for arranging assistance by other

7 agencies under section 9444 of this title.

8 ‘‘(3) Regulations governing the qualifications of

9 retired Air Force personnel to serve as an adminis10 trator or liaison officer for the Civil Air Patrol under

11 a personal services contract entered into under sec12 tion 9446(a) of this title.

13 ‘‘(4) Procedures and requirements for the elec14 tion of members of the Board of Governors under

15 section 9447(b)(2) of this title.

16 ‘‘(c) APPROVAL BY SECRETARY OF DEFENSE.—The

17 regulations required by subsection (b)(2) shall be subject

18 to the approval of the Secretary of Defense.’’.

19 (b) CONFORMING AMENDMENTS.—(1) Section 40302

20 of title 36, United States Code, is amended—

21 (A) by striking ‘‘to—’’ in the matter preceding

22 paragraph (1) and inserting ‘‘as follows:’’;

23 (B) by inserting ‘‘To’’ after the paragraph des24 ignation in each of paragraphs (1), (2), (3), and (4);
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1 (C) by striking the semicolon at the end of

2 paragraphs (1)(B) and (2) and inserting a period;

3 (D) by striking ‘‘; and’’ at the end of paragraph

4 (3) and inserting a period; and

5 (E) by adding at the end the following:

6 ‘‘(5) To assist the Department of the Air Force

7 in fulfilling its noncombat programs and missions.’’.

8 (2)(A) Section 40303 of such title is amended—

9 (i) by inserting ‘‘(a) MEMBERSHIP.—’’ before

10 ‘‘Eligibility’’; and

11 (ii) by adding at the end the following:

12 ‘‘(b) GOVERNING BODY.—The Civil Air Patrol has a

13 Board of Governors. The composition and responsibilities

14 of the Board of Governors are set forth in section 9447

15 of title 10.’’.

16 (B) The heading for such section is amended to read

17 as follows:

18 ‘‘§ 40303. Membership and governing body’’.

19 (C) The item relating to such section in the table of

20 sections at the beginning of chapter 403 of title 36, United

21 States Code, is amended to read as follows:

‘‘40303. Membership and governing body.’’.

22 (c) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect on January

24 1, 2001.
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1 SEC. 910. RESPONSIBILITY FOR THE NATIONAL GUARD

2 CHALLENGE PROGRAM.

3 (a) SECRETARY OF DEFENSE.—Subsection (a) of

4 section 509 of title 32, United States Code, is amended

5 by striking ‘‘, acting through the Chief of the National

6 Guard Bureau,’’.

7 (b) CLARIFICATION OF SOURCE OF FEDERAL SUP8 PORT.—Subsection (b) of such section is amended by

9 striking ‘‘Federal expenditures’’ and inserting ‘‘Depart10 ment of Defense expenditures’’.

11 (c) REGULATIONS.—Such section is further

12 amended—

13 (1) by redesignating subsection (l) and sub14 section (m); and

15 (2) by inserting after subsection (k) the fol16 lowing new subsection (l):

17 ‘‘(l) REGULATIONS.—The Secretary of Defense shall

18 prescribe regulations to carry out this section, including

19 regulations governing the following:

20 ‘‘(1) Terms and conditions to be included in

21 program agreements under subsection (c).

22 ‘‘(2) The eligibility requirements for participa23 tion under subsection (e).

24 ‘‘(3) The benefits authorized for program par25 ticipants under subsection (f).
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1 ‘‘(4) The status of National Guard personnel

2 providing services for the program under subsection

3 (g).

4 ‘‘(5) The use of equipment and facilities of the

5 National Guard for the program under subsection

6 (h).

7 ‘‘(6) The status of program participants under

8 subsection (i).

9 ‘‘(7) The procedures for communicating be10 tween the Secretary of Defense and States regarding

11 the program.’’.

12 SEC. 911. SUPERVISORY CONTROL OF ARMED FORCES RE13 TIREMENT HOME BOARD BY SECRETARY OF

14 DEFENSE.

15 (a) BOARD AUTHORITY SUBJECT TO SECRETARY’S

16 CONTROL.—Section 1516(a) of the Armed Forces Retire17 ment Home Act of 1991 (Public Law 101–510; 24 U.S.C.

18 416(a)) is amended by inserting after the first sentence

19 the following: ‘‘The Board is subject to the authority, di20 rection, and control of the Secretary of Defense in the per21 formance of its responsibilities.’’.

22 (b) APPOINTMENT AND TERMS OF BOARD MEM23 BERS.—Section 1515 of such Act (24 U.S.C. 415) is

24 amended—
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1 (1) in subsection (b), by adding at the end the

2 following:

3 ‘‘An appointment not made by the Secretary of Defense

4 is subject to the approval of the Secretary of Defense.’’;

5 (2) in subsection (e)(3), by striking ‘‘Chairman

6 of the Retirement Home Board’’ and inserting ‘‘Sec7 retary of Defense’’; and

8 (3) in subsection (f), by striking ‘‘(f) EARLY

9 EXPIRATION OF TERM.—’’ and inserting the fol10 lowing:

11 ‘‘(f) EARLY TERMINATION.—(1) The Secretary of

12 Defense may terminate the appointment of a member of

13 the Board at the pleasure of the Secretary.

14 ‘‘(2)’’.

15 (c) RESPONSIBILITY OF CHAIRMAN TO THE SEC16 RETARY.—Section 1515(d)(1)(B) of such Act (24 U.S.C.

17 415(d)(1)(B)) is amended by striking ‘‘not be responsible

18 to the Secretary of Defense or to the Secretaries of the

19 military departments’’ and inserting ‘‘be responsible to the

20 Secretary of Defense, but not to the Secretaries of the

21 military departments,’’.

22 SEC. 912. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.

23 (a) MERGER OF NAVAL HISTORICAL CENTER FUND

24 INTO DEPARTMENT OF THE NAVY GENERAL GIFT

25 FUND.—(1) The Secretary of the Navy shall transfer all
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1 amounts in the Naval Historical Center Fund maintained

2 under section 7222 of title 10, United States Code, to the

3 Department of the Navy General Gift Fund maintained

4 under section 2601 of such title. Upon completing the

5 transfer, the Secretary shall close the Naval Historical

6 Center Fund.

7 (2) Amounts transferred to the Department of the

8 Navy General Gift Fund under this subsection shall be

9 merged with other amounts in that Fund and shall be

10 available for the purposes for which amounts in that Fund

11 are available.

12 (b) CONSOLIDATION OF NAVAL ACADEMY GENERAL

13 GIFT FUND AND NAVAL ACADEMY MUSEUM FUND.—(1)

14 The Secretary of the Navy shall transfer all amounts in

15 the United States Naval Academy Museum Fund estab16 lished by section 6974 of title 10, United States Code, to

17 the gift fund maintained for the benefit and use of the

18 United States Naval Academy under section 6973 of such

19 title. Upon completing the transfer, the Secretary shall

20 close the United States Naval Academy Museum Fund.

21 (2) Amounts transferred under this subsection shall

22 be merged with other amounts in the gift fund to which

23 transferred and shall be available for the purposes for

24 which amounts in that gift fund are available.
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1 (c) CONSOLIDATION AND REVISION OF AUTHORITIES

2 FOR ACCEPTANCE OF GIFTS, BEQUESTS, AND LOANS FOR

3 THE UNITED STATES NAVAL ACADEMY.—(1) Subsection

4 (a) of section 6973 of title 10, United States Code, is

5 amended—

6 (A) in the first sentence—

7 (i) by inserting ‘‘, and loans of personal

8 property other than money,’’ after ‘‘gifts and

9 bequests of personal property’’; and

10 (ii) by inserting ‘‘or the Naval Academy

11 Museum, its collection, or its services’’ before

12 the period at the end;

13 (B) in the second sentence, by striking

14 ‘‘ ‘United States Naval Academy general gift fund’ ’’

15 and inserting ‘‘ ‘United States Naval Academy Gift

16 and Museum Fund’ ’’; and

17 (C) in the third sentence, by inserting ‘‘(includ18 ing the Naval Academy Museum)’’ after ‘‘the Naval

19 Academy’’.

20 (2) Such section 6973 is further amended—

21 (A) by redesignating subsections (b) and (c) as

22 subsections (c) and (d), respectively; and

23 (B) by inserting after subsection (a) the fol24 lowing new subsection (b):
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1 ‘‘(b) The Secretary shall prescribe written guidelines

2 to be used for determinations of whether the acceptance

3 of money, any personal property, or any loan of personal

4 property under subsection (a) would reflect unfavorably on

5 the ability of the Department of the Navy or any officer

6 or employee of the Department of the Navy to carry out

7 responsibilities or duties in a fair and objective manner,

8 or would compromise either the integrity or the appear9 ance of the integrity of any program of the Department

10 of the Navy or any officer or employee of the Department

11 of the Navy who is involved in any such program.’’.

12 (3) Subsection (d) of such section, as redesignated

13 by paragraph (2)(A), is amended by striking ‘‘United

14 States Naval Academy general gift fund’’ both places it

15 appears and inserting ‘‘United States Naval Academy Gift

16 and Museum Fund’’.

17 (4) The heading for such section is amended to read

18 as follows:

19 ‘‘§ 6973. Gifts, bequests, and loans of property: accept20 ance for benefit and use of Naval Acad21 emy’’.

22 (d) REFERENCES TO CLOSED GIFT FUNDS.—(1)

23 Section 6974 of title 10, United States Code, is amended

24 to read as follows:
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1 ‘‘§ 6974. United States Naval Academy Museum Fund:

2 references to Fund

3 ‘‘Any reference in a law, regulation, document, paper,

4 or other record of the United States to the United States

5 Naval Academy Museum Fund formerly maintained under

6 this section shall be deemed to refer to the United States

7 Naval Academy Gift and Museum Fund maintained under

8 section 6973 of this title.’’.

9 (2) Section 7222 of such title is amended to read as

10 follows:

11 ‘‘§ 7222. Naval Historical Center Fund: references to

12 Fund

13 ‘‘Any reference in a law, regulation, document, paper,

14 or other record of the United States to the Naval Histor15 ical Center Fund formerly maintained under this section

16 shall be deemed to refer to the Department of the Navy

17 General Gift Fund maintained under section 2601 of this

18 title.’’.

19 (e) CLERICAL AMENDMENTS.—(1) The table of sec20 tions at the beginning of chapter 603 of title 10, United

21 States Code, is amended by striking the items relating to

22 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.’’.
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1 (2) The item relating to section 7222 of such title

2 in the table of sections at the beginning of chapter 631

3 of such title is amended to read as follows:

‘‘7222. Naval Historical Center Fund: references to Fund.’’.

4 SEC. 913. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT

5 PREVIOUSLY ACCEPTED FOR THE NAVAL

6 ACADEMY.

7 Notwithstanding section 6973 of title 10, United

8 States Code, during fiscal year 2001, the Secretary of the

9 Navy may dispose of the current cash value of a gift ac10 cepted before the date of the enactment of this Act for

11 the Naval Academy general gift fund by disbursing out

12 of that fund the amount equal to that cash value to an

13 entity designated by the donor of the gift.

14 SEC. 914. MANAGEMENT OF NAVY RESEARCH FUNDS BY

15 CHIEF OF NAVAL RESEARCH.

16 (a) CLARIFICATION OF DUTIES.—Section 5022 of

17 title 10, United States Code, is amended—

18 (1) by redesignating subsections (c) and (d) as

19 subsections (d) and (e), respectively;

20 (2) by inserting after paragraph (1) of sub21 section (a) the following:

22 ‘‘(b)(1) The Chief of Naval Research is the head of

23 the Office of Naval Research.’’; and

24 (3) by inserting after subsection (b) the fol25 lowing new subsection (c):
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1 ‘‘(c) CHIEF AS MANAGER OF RESEARCH FUNDS.—

2 The Chief of Naval Research shall manage the Navy’s

3 basic, applied, and advanced research funds to foster tran4 sition from science and technology to higher levels of re5 search, development, test, and evaluation.’’.

6 (b) CONFORMING AMENDMENT.—Subsection (a) of

7 such section is amended by striking ‘‘(a)(1)’’ and inserting

8 ‘‘(a)’’.

9 SEC. 915. UNITED STATES AIR FORCE INSTITUTE OF TECH10 NOLOGY.

11 (a) AUTHORITY.—(1) Part III of subtitle D of title

12 10, United States Code, is amended by inserting after

13 chapter 903 the following:

14 ‘‘CHAPTER 904—UNITED STATES AIR

15 FORCE INSTITUTE OF TECHNOLOGY

‘‘Sec.

‘‘9321. Establishment; purposes.

‘‘9322. Sense of the Senate regarding the utilization of the Air Force Institute

of Technology.

16 ‘‘§ 9321. Establishment; purposes

17 ‘‘(a) ESTABLISHMENT.—There is a United States Air

18 Force Institute of Technology in the Department of the

19 Air Force.

20 ‘‘(b) PURPOSES.—The purposes of the Institute are

21 as follows:

22 ‘‘(1) To perform research.
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1 ‘‘(2) To provide advanced instruction and tech2 nical education for employees of the Department of

3 the Air Force and members of the Air Force (includ4 ing the reserve components) in their practical and

5 theoretical duties.

6 ‘‘§ 9322. Sense of the Senate regarding the utilization

7 of the Air Force Institute of Technology

8 ‘‘It is the sense of the Senate that in order to insure

9 full and continued utilization of the Air Force Institute

10 of Technology, the Secretary of the Air Force should, in

11 consult with the Chief of Staff of the Air Force and the

12 Commander of the Air Force Materiel Command, review

13 the following areas of organizational structure and oper14 ations at the Institute:

15 ‘‘(1) The grade of the Commandant.

16 ‘‘(2) The chain of command of the Com17 mandant of the Institute within the Air Force.

18 ‘‘(3) The employment and compensation of ci19 vilian professors at the Institute.

20 ‘‘(4) The processes for the identification of re21 quirements for advanced degrees within the Air

22 Force, identification for annual enrollment quotas

23 and selection of candidates.

24 ‘‘(5) Post graduation opportunities for grad25 uates of the Institute.
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1 ‘‘(6) The policies and practices regarding the

2 admission of—

3 ‘‘(A) officers of the Army, Navy, Marine

4 Corps, and Coast Guard;

5 ‘‘(B) employees of the Department of the

6 Army, Department of the Navy, and Depart7 ment of Transportation;

8 ‘‘(C) personnel of the armed forces of for9 eign countries;

10 ‘‘(D) enlisted members of the Armed

11 Forces of the United States; and

12 ‘‘(E) others eligible for admission.’’.

13 SEC. 916. EXPANSION OF AUTHORITY TO EXEMPT GEO14 DETIC PRODUCTS OF THE DEPARTMENT OF

15 DEFENSE FROM PUBLIC DISCLOSURE.

16 Section 455(b)(1)(C) of title 10, United States Code,

17 is amended by striking ‘‘or reveal military operational or

18 contingency plans’’ and inserting ‘‘, reveal military oper19 ational or contingency plans, or reveal, jeopardize, or com20 promise military or intelligence capabilities’’.

21 SEC. 917. COORDINATION AND FACILITATION OF DEVELOP22 MENT OF DIRECTED ENERGY TECH23 NOLOGIES, SYSTEMS, AND WEAPONS.

24 (a) FINDINGS.—Congress makes the following find25 ings:
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1 (1) Directed energy systems are available to ad2 dress many current challenges with respect to mili3 tary weapons, including offensive weapons and de4 fensive weapons.

5 (2) Directed energy weapons offer the potential

6 to maintain an asymmetrical technological edge over

7 adversaries of the United States for the foreseeable

8 future.

9 (3) It is in the national interest that funding

10 for directed energy science and technology programs

11 be increased in order to support priority acquisition

12 programs and to develop new technologies for future

13 applications.

14 (4) It is in the national interest that the level

15 of funding for directed energy science and tech16 nology programs correspond to the level of funding

17 for large-scale demonstration programs in order to

18 ensure the growth of directed energy science and

19 technology programs and to ensure the successful

20 development of other weapons systems utilizing di21 rected energy systems.

22 (5) The industrial base for several critical di23 rected energy technologies is in fragile condition and

24 lacks appropriate incentives to make the large-scale

25 investments that are necessary to address current
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1 and anticipated Department of Defense require2 ments for such technologies.

3 (6) It is in the national interest that the De4 partment of Defense utilize and expand upon di5 rected energy research currently being conducted by

6 the Department of Energy, other Federal agencies,

7 the private sector, and academia.

8 (7) It is increasingly difficult for the Federal

9 Government to recruit and retain personnel with

10 skills critical to directed energy technology develop11 ment.

12 (8) The implementation of the recommenda13 tions contained in the High Energy Laser Master

14 Plan of the Department of Defense is in the national

15 interest.

16 (9) Implementation of the management struc17 ture outlined in the Master Plan will facilitate the

18 development of revolutionary capabilities in directed

19 energy weapons by achieving a coordinated and fo20 cused investment strategy under a new management

21 structure featuring a joint technology office with

22 senior-level oversight provided by a technology coun23 cil and a board of directors.

24 (b) IMPLEMENTATION OF HIGH ENERGY LASER

25 MASTER PLAN.—(1) The Secretary of Defense shall im-
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1 plement the management and organizational structure

2 specified in the Department of Defense High Energy

3 Laser Master Plan of March 24, 2000.

4 (2) The Secretary shall locate the Joint Technology

5 Office specified in the High Energy Laser Master Plan

6 at a location determined appropriate by the Secretary, not

7 later than October 1, 2000.

8 (3) In determining the location of the Joint Tech9 nology Office, the Secretary shall, in consultation with the

10 Deputy Under Secretary of Defense for Science and Tech11 nology, evaluate whether to locate the Office at a site at

12 which occur a substantial proportion of the directed en13 ergy research, development, test, and evaluation activities

14 of the Department of Defense.

15 (c) ENHANCEMENT OF INDUSTRIAL BASE.—(1) The

16 Secretary of Defense shall develop and undertake initia17 tives, including investment initiatives, for purposes of en18 hancing the industrial base for directed energy tech19 nologies and systems.

20 (2) Initiatives under paragraph (1) shall be designed

21 to—

22 (A) stimulate the development by institutions of

23 higher education and the private sector of promising

24 directed energy technologies and systems; and
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1 (B) stimulate the development of a workforce

2 skilled in such technologies and systems.

3 (d) ENHANCEMENT OF TEST AND EVALUATION CA4 PABILITIES.—The Secretary of Defense shall consider

5 modernizing the High Energy Laser Test Facility at

6 White Sands Missile Range, New Mexico, in order to en7 hance the test and evaluation capabilities of the Depart8 ment of Defense with respect to directed energy weapons.

9 (e) COOPERATIVE PROGRAMS AND ACTIVITIES.—The

10 Secretary of Defense shall evaluate the feasibility and ad11 visability of entering into cooperative programs or activi12 ties with other Federal agencies, institutions of higher

13 education, and the private sector, including the national

14 laboratories of the Department of Energy, for the purpose

15 of enhancing the programs, projects, and activities of the

16 Department of Defense relating to directed energy tech17 nologies, systems, and weapons.

18 (f) FUNDING FOR FISCAL YEAR 2001.—(1) Of the

19 amount authorized to be appropriated by section 201(4)

20 for research, development, test, and evaluation, Defense21 wide, up to $50,000,000 may be available for science and

22 technology activities relating to directed energy tech23 nologies, systems, and weapons.

24 (2) The Secretary of Defense shall establish proce25 dures for the allocation of funds available under para-
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1 graph (1) among activities referred to in that paragraph.

2 In establishing such procedures, the Secretary shall pro3 vide for the competitive selection of programs, projects,

4 and activities to be carried out by the recipients of such

5 funds.

6 (g) DIRECTED ENERGY DEFINED.—In this section,

7 the term ‘‘directed energy’’, with respect to technologies,

8 systems, or weapons, means technologies, systems, or

9 weapons that provide for the directed transmission of en10 ergies across the energy and frequency spectrum, includ11 ing high energy lasers and high power microwaves.

12 TITLE X—GENERAL PROVISIONS

13 Subtitle A—Financial Matters

14 SEC. 1001. TRANSFER AUTHORITY.

15 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

16 (1) Upon determination by the Secretary of Defense that

17 such action is necessary in the national interest, the Sec18 retary may transfer amounts of authorizations made avail19 able to the Department of Defense in this division for fis20 cal year 2001 between any such authorizations for that

21 fiscal year (or any subdivisions thereof). Amounts of au22 thorizations so transferred shall be merged with and be

23 available for the same purposes as the authorization to

24 which transferred.
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1 (2) The total amount of authorizations that the Sec2 retary may transfer under the authority of this section

3 may not exceed $2,000,000,000.

4 (b) LIMITATIONS.—The authority provided by this

5 section to transfer authorizations—

6 (1) may only be used to provide authority for

7 items that have a higher priority than the items

8 from which authority is transferred; and

9 (2) may not be used to provide authority for an

10 item that has been denied authorization by Con11 gress.

12 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

13 transfer made from one account to another under the au14 thority of this section shall be deemed to increase the

15 amount authorized for the account to which the amount

16 is transferred by an amount equal to the amount trans17 ferred.

18 (d) NOTICE TO CONGRESS.—The Secretary shall

19 promptly notify Congress of each transfer made under

20 subsection (a).

21 SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLE22 MENTAL APPROPRIATIONS FOR FISCAL YEAR

23 2000.

24 Amounts authorized to be appropriated to the De25 partment of Defense for fiscal year 2000 in the National
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1 Defense Authorization Act for Fiscal Year 2000 (Public

2 Law 106–65) are hereby adjusted, with respect to any

3 such authorized amount, by the amount by which appro4 priations pursuant to such authorization were increased

5 (by a supplemental appropriation) or decreased (by a re6 scission), or both, in any law making supplemental appro7 priations for fiscal year 2000 that is enacted during the

8 106th Congress, second session.

9 SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COM10 MON-FUNDED BUDGETS IN FISCAL YEAR 2001.

11 (a) FISCAL YEAR 2001 LIMITATION.—The total

12 amount contributed by the Secretary of Defense in fiscal

13 year 2001 for the common-funded budgets of NATO may

14 be any amount up to, but not in excess of, the amount

15 specified in subsection (b) (rather than the maximum

16 amount that would otherwise be applicable to those con17 tributions under the fiscal year 1998 baseline limitation).

18 (b) TOTAL AMOUNT.—The amount of the limitation

19 applicable under subsection (a) is the sum of the following:

20 (1) The amounts of unexpended balances, as of

21 the end of fiscal year 2000, of funds appropriated

22 for fiscal years before fiscal year 2001 for payments

23 for those budgets.

24 (2) The amount specified in subsection (c)(1).

25 (3) The amount specified in subsection (c)(2).
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1 (4) The total amount of the contributions au2 thorized to be made under section 2501.

3 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

4 be appropriated by titles II and III of this Act are avail5 able for contributions for the common-funded budgets of

6 NATO as follows:

7 (1) Of the amount provided in section 201(1),

8 $743,000 for the Civil Budget.

9 (2) Of the amount provided in section 301(1),

10 $194,400,000 for the Military Budget.

11 (d) DEFINITIONS.—For purposes of this section:

12 (1) COMMON-FUNDED BUDGETS OF NATO.—

13 The term ‘‘common-funded budgets of NATO’’

14 means the Military Budget, the Security Investment

15 Program, and the Civil Budget of the North Atlantic

16 Treaty Organization (and any successor or addi17 tional account or program of NATO).

18 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

19 The term ‘‘fiscal year 1998 baseline limitation’’

20 means the maximum annual amount of Department

21 of Defense contributions for common-funded budgets

22 of NATO that is set forth as the annual limitation

23 in section 3(2)(C)(ii) of the resolution of the Senate

24 giving the advice and consent of the Senate to the

25 ratification of the Protocols to the North Atlantic
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1 Treaty of 1949 on the Accession of Poland, Hun2 gary, and the Czech Republic (as defined in section

3 4(7) of that resolution), approved by the Senate on

4 April 30, 1998.

5 SEC. 1004. ANNUAL OMB/CBO JOINT REPORT ON SCORING

6 OF BUDGET OUTLAYS.

7 (a) REVISION OF SCOPE OF TECHNICAL ASSUMP8 TIONS.—Subsection (a)(1) of section 226 of title 10,

9 United States Code, is amended by inserting ‘‘subfunc10 tional category 051 (Department of Defense—Military)

11 under’’ before ‘‘major functional category 050’’.

12 (b) TREATMENT OF DIFFERENCES IN OUTLAY

13 RATES AND ASSUMPTIONS.—(1) Subsection (b) of such

14 section is amended by striking ‘‘, the report shall reflect

15 the average of the relevant outlay rates or assumptions

16 used by the two offices.’’ and inserting ‘‘, the report shall

17 reflect the differences between the relevant outlay rates

18 or assumptions used by the two offices. For each account

19 for which a difference is reported, the report shall also

20 display, by fiscal year, each office’s estimates regarding

21 budget authority, outlay rates, and outlays.’’.

22 (2) The heading for such subsection is amended to

23 read as follows: ‘‘DIFFERENCES IN OUTLAY RATES AND

24 ASSUMPTIONS.—’’.
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1 SEC. 1005. PROMPT PAYMENT OF CONTRACT VOUCHERS.

2 (a) REQUIREMENT.—(1) Chapter 131 of title 10,

3 United States Code, is amended by adding at the end the

4 following:

5 ‘‘§ 2225. Prompt payment of vouchers for contracted

6 property and services

7 ‘‘(a) REQUIREMENT.—Of the contract vouchers that

8 are received by the Defense Finance and Accounting Serv9 ice by means of the mechanization of contract administra10 tion services system, the number of such vouchers that re11 main unpaid for more than 30 days as of the last day

12 of each month may not exceed 5 percent of the total num13 ber of the contract vouchers so received that remain un14 paid on that day.

15 ‘‘(b) CONDITIONAL REQUIREMENT FOR REPORT.—

16 (1) For any month of a fiscal year that the requirement

17 in subsection (a) is not met, the Secretary of Defense shall

18 submit to Congress a report on the magnitude of the un19 paid contract vouchers. The report for a month shall be

20 submitted not later than 30 days after the end of that

21 month.

22 ‘‘(2) A report for a month under paragraph (1) shall

23 include information current as of the last day of the month

24 as follows:

25 ‘‘(A) The number of the vouchers received by

26 the Defense Finance and Accounting Service by
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1 means of the mechanization of contract administra2 tion services system during each month.

3 ‘‘(B) The number of the vouchers so received,

4 whenever received by the Defense Finance and Ac5 counting Service, that remain unpaid for each of the

6 following periods:

7 ‘‘(i) Not more than 30 days.

8 ‘‘(ii) Over 30 days and not more than 60

9 days.

10 ‘‘(iii) Over 60 days and not more than 90

11 days.

12 ‘‘(iv) More than 90 days.

13 ‘‘(C) The number of the vouchers so received

14 that remain unpaid for the major categories of pro15 curements, as defined by the Secretary of Defense.

16 ‘‘(D) The corrective actions that are necessary,

17 and those that are being taken, to ensure compliance

18 with the requirement in subsection (a).

19 ‘‘(c) CONTRACT VOUCHER DEFINED.—In this sec20 tion, the term ‘contract voucher’ means a voucher or in21 voice for the payment of a contractor for services, commer22 cial items (as defined in section 4(12) of the Office of Fed23 eral Procurement Policy Act (41 U.S.C. 403(12))), or

24 other deliverable items provided by the contractor pursu25 ant to a contract funded by the Department of Defense.’’.
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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:

‘‘2225. Prompt payment of vouchers for contracted property and services’’.

3 (b) EFFECTIVE DATE.—Section 2225 of title 10,

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

5 take effect on December 1, 2000, and shall apply with re6 spect to months beginning on or after that date.

7 SEC. 1006. REPEAL OF CERTAIN REQUIREMENTS RELATING

8 TO TIMING OF CONTRACT PAYMENTS.

9 The following provisions of law are repealed: sections

10 8175 and 8176 of the Department of Defense Appropria11 tions Act, 2000 (Public Law 106–79), as amended by sec12 tions 214 and 215, respectively, of H.R. 3425 of the 106th

13 Congress (113 Stat. 1501A–297), as enacted into law by

14 section 1000(a)(5) of Public Law 106–113.

15 SEC. 1007. PLAN FOR PROMPT POSTING OF CONTRACTUAL

16 OBLIGATIONS.

17 (a) REQUIREMENT FOR PLAN.—The Secretary of De18 fense shall submit to the congressional defense commit19 tees, not later than November 15, 2000, and carry out

20 a plan for ensuring that each obligation of the Department

21 of Defense under a transaction described in subsection (c)

22 is posted within 10 days after the obligation is incurred.

23 (b) CONTENT OF PLAN.—The plan for posting obli24 gations shall provide the following:
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1 (1) Uniform posting requirements that are ap2 plicable throughout the Department of Defense, in3 cluding requirements for the posting of detailed data

4 on each obligation.

5 (2) A system of uniform accounting classifica6 tion reference numbers.

7 (3) Increased use of electronic means for the

8 submission of invoices and other billing documents.

9 (c) COVERED TRANSACTIONS.—The plan shall apply

10 to each liability of the Department of Defense for a pay11 ment under the following:

12 (1) A contract.

13 (2) An order issued under a contract.

14 (3) Services received under a contract.

15 (4) Any transaction that is similar to a trans16 action referred to in another paragraph of this sub17 section.

18 SEC. 1008. PLAN FOR ELECTRONIC SUBMISSION OF DOCU19 MENTATION SUPPORTING CLAIMS FOR CON20 TRACT PAYMENTS.

21 (a) REQUIREMENT FOR PLAN.—The Secretary of De22 fense shall submit to the congressional defense commit23 tees, not later than March 30, 2001, and carry out a plan

24 for ensuring that all documentation that is to be submitted
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1 to the Department of Defense in support of claims for

2 payment under contracts is submitted electronically.

3 (b) CONTENT OF PLAN.—The plan shall include the

4 following:

5 (1) The format in which information can be ac6 cepted by the Defense Finance and Accounting Serv7 ice’s corporate database.

8 (2) Procedures for electronic submission of the

9 following:

10 (A) Receiving reports.

11 (B) Contracts and contract modifications.

12 (C) Required certifications.

13 (3) The requirements to be included in con14 tracts regarding electronic submission of invoices by

15 contractors.

16 SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT

17 OF TRANSPORTATION COSTS.

18 (a) OFFSETS FOR OVERPAYMENTS OR LIQUIDATED

19 DAMAGES.—Section 2636 of title 10, United States Code,

20 is amended to read as follows:

21 ‘‘§ 2636. Deductions from amounts due carriers

22 ‘‘(a) AMOUNTS FOR LOSS OR DAMAGE.—An amount

23 deducted from an amount due a carrier shall be credited

24 as follows:
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1 ‘‘(1) If deducted because of loss of or damage

2 to material in transit for a military department, to

3 the proper appropriation, account, or fund from

4 which the same or similar material may be replaced.

5 ‘‘(2) If deducted as an administrative offset for

6 an overpayment previously made to the carrier under

7 any Department of Defense contract for transpor8 tation services or as liquidated damages due under

9 any such contract, to the appropriation or account

10 from which payments for the transportation services

11 were made.

12 ‘‘(b) SIMPLIFIED OFFSET FOR COLLECTION OF

13 CLAIMS NOT IN EXCESS OF THE SIMPLIFIED ACQUISI14 TION THRESHOLD.—(1) In any case in which the total

15 amount of a claim for the recovery of overpayments or

16 liquidated damages under a contract described in sub17 section (a)(2) does not exceed the simplified acquisition

18 threshold, the Secretary of Defense or the Secretary con19 cerned may exercise the authority to collect the claim by

20 administrative offset under section 3716 of title 31 after

21 providing the notice required by paragraph (1) of sub22 section (a) of that section, but without regard to para23 graphs (2), (3), and (4) of that subsection.

24 ‘‘(2) In this subsection, the term ‘simplified acquisi25 tion threshold’ has the meaning given the term in section
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1 4(11) of the Office of Federal Procurement Policy Act (41

2 U.S.C. 403(11)).’’.

3 (b) CLERICAL AMENDMENT.—The item relating to

4 such section in the table of sections at the beginning of

5 chapter 157 of such title is amended to read as follows:

‘‘2636. Deductions from amounts due carriers.’’.

6 SEC. 1010. REPEAL OF CERTAIN PROVISIONS SHIFTING

7 CERTAIN OUTLAYS FROM ONE FISCAL YEAR

8 TO ANOTHER.

9 Sections 305 and 306 of H.R. 3425 of the 106th

10 Congress, as enacted into law by section 1000(a)(5) of

11 Public Law 106–113 (113 Stat. 1501A–306), are re12 pealed.

13 SEC. 1010A. TREATMENT OF PARTIAL PAYMENTS UNDER

14 SERVICE CONTRACTS.

15 For the purposes of the regulations prescribed under

16 section 3903(a)(5) of title 31, United States Code, partial

17 payments, other than progress payments, that are made

18 on a contract for the procurement of services shall be

19 treated as being periodic payments.
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1 Subtitle B—Counter-Drug

2 Activities

3 SEC. 1011. EXTENSION AND INCREASE OF AUTHORITY TO

4 PROVIDE ADDITIONAL SUPPORT FOR

5 COUNTER-DRUG ACTIVITIES.

6 (a) EXTENSION OF AUTHORITY FOR ASSISTANCE TO

7 COLOMBIA.—Section 1033 of the National Defense Au8 thorization Act for Fiscal Year 1998 (Public Law 105–

9 85; 111 Stat. 1881) is amended—

10 (1) in subsection (a), by striking ‘‘during fiscal

11 years 1998 through 2002,’’; and

12 (2) in subsection (b)—

13 (A) in paragraph (1), by inserting before

14 the period at the end the following: ‘‘, for fiscal

15 years 1998 through 2002’’; and

16 (B) in paragraph (2), by inserting before

17 the period at the end the following: ‘‘, for fiscal

18 years 1998 through 2006’.

19 (b) ADDITIONAL TYPE OF SUPPORT.—Subsection (c)

20 of such section is amended by adding at the end the fol21 lowing:

22 ‘‘(4) The transfer of one light observation air23 craft.’’.

24 (c) INCREASED MAXIMUM ANNUAL AMOUNT OF SUP25 PORT.—Subsection (e)(2) of such section is amended—
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1 (1) by striking ‘‘$20,000,000’’ and inserting

2 ‘‘$40,000,000’’; and

3 (2) by striking ‘‘2002’’ and inserting ‘‘2006, of

4 which not more than $10,000,000 may be obligated

5 or expended for any fiscal year for support for the

6 counter-drug activities of the Government of Peru’’.

7 SEC. 1012. RECOMMENDATIONS ON EXPANSION OF SUP8 PORT FOR COUNTER-DRUG ACTIVITIES.

9 (a) REQUIREMENT FOR SUBMITTAL OF REC10 OMMENDATIONS.—The Secretary of Defense shall submit

11 to the Committees on Armed Services of the Senate and

12 the House of Representatives, not later than February 1,

13 2001, the Secretary’s recommendations regarding whether

14 expanded support for counter-drug activities should be au15 thorized under section 1033 of the National Defense Au16 thorization Act for Fiscal Year 1998 (Public Law 105–

17 85; 111 Stat. 1881) for the region that includes the coun18 tries that are covered by that authority on the date of the

19 enactment of this Act.

20 (b) CONTENT OF SUBMISSION.—The submission

21 under subsection (a) shall include the following:

22 (1) What, if any, additional countries should be

23 covered.
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1 (2) What, if any, additional support should be

2 provided to covered countries, together with the rea3 sons for recommending the additional support.

4 (3) For each country recommended under para5 graph (1), a plan for providing support, including

6 the counter-drug activities proposed to be supported.

7 SEC. 1013. REVIEW OF RIVERINE COUNTER-DRUG PRO8 GRAM.

9 (a) REQUIREMENT FOR REVIEW.—The Secretary of

10 Defense shall review the riverine counter-drug program

11 supported under section 1033 of the National Defense Au12 thorization Act for Fiscal Year 1998 (Public Law 105–

13 85; 111 Stat. 1881).

14 (b) REPORT.—Not later than February 1, 2001, the

15 Secretary shall submit a report on the riverine counter16 drug program to the Committees on Armed Services of

17 the Senate and the House of Representatives. The report

18 shall include, for each country receiving support under the

19 riverine counter-drug program, the following:

20 (1) The Assistant Secretary’s assessment of the

21 effectiveness of the program.

22 (2) A recommendation regarding which of the

23 Armed Forces, units of the Armed Forces, or other

24 organizations within the Department of Defense

25 should be responsible for managing the program.
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1 (c) DELEGATION OF AUTHORITY.—The Secretary

2 shall require the Assistant Secretary of Defense for Spe3 cial Operations and Low Intensity Conflict to carry out

4 the responsibilities under this section.

5 Subtitle C—Strategic Forces

6 SEC. 1015. REVISED NUCLEAR POSTURE REVIEW.

7 (a) REQUIREMENT FOR REVIEW.—The Secretary of

8 Defense, in consultation with the Secretary of Energy,

9 shall conduct a comprehensive review of the nuclear pos10 ture of the United States for the next 5 to 10 years.

11 (b) ELEMENTS OF REVIEW.—The nuclear posture re12 view shall include the following elements:

13 (1) The role of nuclear forces in United States

14 military strategy, planning, and programming.

15 (2) The policy requirements and objectives for

16 the United States to maintain a safe, reliable, and

17 credible nuclear deterrence posture.

18 (3) The relationship between United States nu19 clear deterrence policy, targeting strategy, and arms

20 control objectives.

21 (4) The levels and composition of the nuclear

22 delivery systems that will be required for imple23 menting the United States national and military

24 strategy, including any plans for replacing or modi25 fying existing systems.
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1 (5) The nuclear weapons complex that will be

2 required for implementing the United States na3 tional and military strategy, including any plans to

4 modernize or modify the complex.

5 (6) The active and inactive nuclear weapons

6 stockpile that will be required for implementing the

7 United States national and military strategy, includ8 ing any plans for replacing or modifying warheads.

9 (c) REPORT TO CONGRESS.—The Secretary of De10 fense shall submit to Congress, in unclassified and classi11 fied forms as necessary, a report on the results of the nu12 clear posture review concurrently with the Quadrennial

13 Defense Review due in December 2001.

14 (d) SENSE OF CONGRESS.—It is the sense of Con15 gress that, to clarify United States nuclear deterrence pol16 icy and strategy for the next 5 to 10 years, a revised nu17 clear posture review should be conducted and that such

18 review should be used as the basis for establishing future

19 United States arms control objectives and negotiating po20 sitions.

21 SEC. 1016. PLAN FOR THE LONG-TERM SUSTAINMENT AND

22 MODERNIZATION OF UNITED STATES STRA23 TEGIC NUCLEAR FORCES.

24 (a) REQUIREMENT FOR PLAN.—The Secretary of De25 fense, in consultation with the Secretary of Energy, shall
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1 develop a long-range plan for the sustainment and mod2 ernization of United States strategic nuclear forces to

3 counter emerging threats and satisfy the evolving require4 ments of deterrence.

5 (b) ELEMENTS OF PLAN.—The plan specified under

6 subsection (a) shall include the Secretary’s plans, if any,

7 for the sustainment and modernization of the following:

8 (1) Land-based and sea-based strategic ballistic

9 missiles, including any plans for developing replace10 ments for the Minuteman III intercontinental bal11 listic missile and the Trident II sea-launched bal12 listic missile and plans for common ballistic missile

13 technology development

14 (2) Strategic nuclear bombers, including any

15 plans for a B–2 follow-on, a B–52 replacement, and

16 any new air-launched weapon systems.

17 (3) Appropriate warheads to outfit the strategic

18 nuclear delivery systems referred to in paragraphs

19 (1) and (2) to satisfy evolving military requirements.

20 (c) SUBMITTAL OF PLAN.—The plan specified under

21 subsection (a) shall be submitted to Congress not later

22 than April 15, 2001. The plan shall be submitted in un23 classified and classified forms, as necessary.
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1 SEC. 1017. CORRECTION OF SCOPE OF WAIVER AUTHORITY

2 FOR LIMITATION ON RETIREMENT OR DIS3 MANTLEMENT OF STRATEGIC NUCLEAR DE4 LIVERY SYSTEMS; AUTHORITY TO WAIVE LIM5 ITATION.

6 (a) IN GENERAL.—Section 1302(b) of the National

7 Defense Authorization Act for Fiscal Year 1998 (Public

8 Law 105–85; 111 Stat. 1948), as amended by section

9 1501(a) of the National Defense Authorization Act for

10 Fiscal Year 2000 (Public Law 106–65; 113 Stat. 806),

11 is further amended by striking ‘‘the application of the limi12 tation in effect under paragraph (1)(B) or (3) of sub13 section (a), as the case may be,’’ and inserting ‘‘the appli14 cation of the limitation in effect under subsection (a) to

15 a strategic nuclear delivery system’’.

16 (b) AUTHORITY TO WAIVE LIMITATION ON RETIRE17 MENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DE18 LIVERY SYSTEMS.—After the submission of the report on

19 the results of the nuclear posture review to Congress

20 under section 1015(c)—

21 (1) the Secretary of Defense shall, taking into

22 consideration the results of the review, submit to the

23 President a recommendation regarding whether the

24 President should waive the limitation on the retire25 ment or dismantlement of strategic nuclear delivery

26 systems in section 1302 of the National Defense Au-
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1 thorization Act for Fiscal Year 1998 (Public Law

2 105–85; 111 Stat. 1948); and

3 (2) the President, taking into consideration the

4 results of the review and the recommendation made

5 by the Secretary of Defense under paragraph (1),

6 may waive the limitation referred to in that para7 graph if the President determines that it is in the

8 national security interests of the United States to do

9 so.

10 SEC. 1018. REPORT ON THE DEFEAT OF HARDENED AND

11 DEEPLY BURIED TARGETS.

12 (a) STUDY.—The Secretary of Defense shall, in con13 junction with the Secretary of Energy, conduct a study

14 relating to the defeat of hardened and deeply buried tar15 gets. Under the study, the Secretaries shall—

16 (1) review the requirements and current and fu17 ture plans for hardened and deeply buried targets

18 and agent defeat weapons concepts and activities;

19 (2) determine if those plans adequately address

20 all requirements;

21 (3) identify potential future hardened and deep22 ly buried targets and other related targets;

23 (4) determine what resources and research and

24 development efforts are needed to defeat the targets
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1 identified under paragraph (3) as well as other

2 agent defeat requirements;

3 (5) assess both current and future options to

4 defeat hardened and deeply buried targets as well as

5 agent defeat weapons concepts, including any limited

6 research and development that may be necessary to

7 conduct such assessment; and

8 (6) determine the capability and cost of each

9 option.

10 (b) REPORT.—The Secretary of Defense shall submit

11 to the congressional defense committees a report on the

12 results of the study required by subsection (a) not later

13 than July 1, 2001.

14 SEC. 1019. SENSE OF SENATE ON THE MAINTENANCE OF

15 THE STRATEGIC NUCLEAR TRIAD.

16 It is the sense of the Senate that, in light of the po17 tential for further arms control agreements with the Rus18 sian Federation limiting strategic forces—

19 (1) it is in the national interest of the United

20 States to maintain a robust and balanced TRIAD of

21 strategic nuclear delivery vehicles, including long22 range bombers, land-based intercontinental ballistic

23 missiles (ICBMs), and ballistic missile submarines;

24 and
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1 (2) reductions to United States conventional

2 bomber capability are not in the national interest of

3 the United States.

4 Subtitle D—Miscellaneous

5 Reporting Requirements

6 SEC. 1021. ANNUAL REPORT OF THE CHAIRMAN OF THE

7 JOINT CHIEFS OF STAFF ON COMBATANT

8 COMMAND REQUIREMENTS.

9 (a) ADDITIONAL COMPONENT.—Section 153(d)(1) of

10 title 10, United States Code, is amended by adding at the

11 end the following:

12 ‘‘(C) The extent to which the future-years de13 fense program (under section 221 of this title) ad14 dresses the requirements on the consolidated lists.’’.

15 (b) APPLICABILITY TO REPORTS AFTER FISCAL

16 YEAR 2000.—Subparagraph (C) of paragraph (1) of sec17 tion 153(d) of title 10, United States Code (as added by

18 subsection (a)), shall apply to reports submitted to Con19 gress under such section after fiscal year 2000.

20 SEC. 1022. SEMIANNUAL REPORT ON JOINT REQUIRE21 MENTS OVERSIGHT COUNCIL.

22 (a) SEMIANNUAL REPORT.—The Chairman of the

23 Joints Chiefs of Staff shall submit to the congressional

24 defense committees a semiannual report on the activities

25 of the Joint Requirements Oversight Council. The prin-
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1 cipal purpose of the report is to inform the committees

2 of the progress made in the reforming and refocusing of

3 the Joint Requirements Oversight Council process during

4 the period covered by the report.

5 (b) CONTENT.—The report for a half of a fiscal year

6 shall include the following:

7 (1) A listing and justification for each of the

8 distinct capability areas selected by the Chairman of

9 the Joints Chiefs of Staff as being within the prin10 cipal domain of the Joint Requirements Oversight

11 Council.

12 (2) A listing of the joint requirements devel13 oped, considered, or approved within each of the ca14 pability areas.

15 (3) A listing and explanation of the decisions

16 made by the Joint Requirements Oversight Council,

17 together with a delineation of each decision that was

18 made in disagreement with a position advocated by

19 the Commander in Chief, United States Joint

20 Forces Command, as the chief proponent of the re21 quirements identified by the commanders of the uni22 fied and specified combatant commands.

23 (4) An assessment of the progress made in ele24 vating the Joint Requirements Oversight Council to

25 a more strategic focus on future war fighting re-
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1 quirements, integration of requirements, and devel2 opment of overarching common architectures.

3 (5) A summation and assessment of the role

4 and impact of joint experimentation on the processes

5 and decisions for defining joint requirements, for de6 fining requirements of each of the Armed Forces in7 dividually, for managing acquisitions by Defense

8 Agencies, and for managing acquisitions by the mili9 tary departments.

10 (6) A description of any procedural actions that

11 have been taken to improve the Joint Requirements

12 Oversight Council.

13 (7) Any recommendations for legislation or for

14 providing additional resources that the Chairman

15 considers necessary in order fully to refocus and re16 form the processes of the Joint Requirements Over17 sight Council.

18 (c) DATES FOR SUBMISSION.—(1) The semiannual

19 report for the half of a fiscal year ending on March 31

20 of a year shall be submitted not later than August 31 of

21 that year.

22 (2) The semiannual report for the half of a fiscal year

23 ending on September 30 of a year shall be submitted not

24 later than February 28 of the following year.
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1 (3) The first semiannual report shall be submitted

2 not later than February 28, 2001, and shall cover the last

3 half of fiscal year 2000.

4 SEC. 1023. PREPAREDNESS OF MILITARY INSTALLATION

5 FIRST RESPONDERS FOR INCIDENTS INVOLV6 ING WEAPONS OF MASS DESTRUCTION.

7 (a) REQUIREMENT FOR REPORT.—Not later than 90

8 days after the date of the enactment of this Act, the Sec9 retary of Defense shall submit to Congress a report on

10 the program of the Department of Defense to ensure the

11 preparedness of the first responders of the Department

12 of Defense for incidents involving weapons of mass de13 struction on installations of the Department of Defense.

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

15 the following:

16 (1) A detailed description of the overall pre17 paredness program.

18 (2) The schedule and costs associated with the

19 implementation of the program.

20 (3) The Department’s plan for coordinating the

21 preparedness program with responders in the com22 munities in the localities of the installations.

23 (4) The Department’s plan for promoting the

24 interoperability of the equipment used by the instal25 lation first responders referred to in subsection (a)
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1 with the equipment used by the first responders in

2 those communities.

3 (c) DEFINITIONS.—In this section:

4 (1) The term ‘‘first responder’’ means an orga5 nization responsible for responding to an incident in6 volving a weapon of mass destruction.

7 (2) The term ‘‘weapon of mass destruction’’ has

8 the meaning given that term in section 1403(1) of

9 the Defense Against Weapons of Mass Destruction

10 Act of 1996 (50 U.S.C. 2302(1)).

11 SEC. 1024. DATE OF SUBMITTAL OF REPORTS ON SHORT12 FALLS IN EQUIPMENT PROCUREMENT AND

13 MILITARY CONSTRUCTION FOR THE RE14 SERVE COMPONENTS IN FUTURE-YEARS DE15 FENSE PROGRAMS.

16 Section 10543(c) of title 10, United States Code, is

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

19 ‘‘(3) A report required under paragraph (1) for a fis20 cal year shall be submitted not later than 15 days after

21 the date on which the President submits to Congress the

22 budget for such fiscal year under section 1105(a) of title

23 31.’’.
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1 SEC. 1025. MANAGEMENT REVIEW OF DEFENSE LOGISTICS

2 AGENCY.

3 (a) COMPTROLLER GENERAL REVIEW REQUIRED.—

4 The Comptroller General shall review each operation of

5 the Defense Logistics 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 operations of the agency.

14 (b) REPORT.—Not later than February 1, 2002, the

15 Comptroller General shall submit to the Committees on

16 Armed Services of the Senate and the House of Represent17 atives 1 or more reports setting forth the Comptroller

18 General’s findings resulting from the review.

19 SEC. 1026. MANAGEMENT REVIEW OF DEFENSE INFORMA20 TION SYSTEMS AGENCY.

21 (a) COMPTROLLER GENERAL REVIEW REQUIRED.—

22 The Comptroller General shall review each operation of

23 the Defense Information Systems Agency—

24 (1) to assess—

25 (A) the efficiency of the operation;
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1 (B) the effectiveness of the operation in

2 meeting customer requirements; and

3 (C) the flexibility of the operation to adopt

4 best business practices; and

5 (2) to identify alternative approaches for im6 proving the information systems of the Department

7 of Defense.

8 (b) REPORT.—Not later than February 1, 2002, the

9 Comptroller General shall submit to the Committees on

10 Armed Services of the Senate and the House of Represent11 atives one or more reports setting forth the Comptroller

12 General’s findings resulting from the review.

13 SEC. 1027. REPORT ON SPARE PARTS AND REPAIR PARTS

14 PROGRAM OF THE AIR FORCE FOR THE C–5

15 AIRCRAFT.

16 (a) FINDINGS.—Congress makes the following find17 ings:

18 (1) There exists a significant shortfall in the

19 Nation’s current strategic airlift requirement, even

20 though strategic airlift remains critical to the na21 tional security strategy of the United States.

22 (2) This shortfall results from the slow phase23 out of C–141 aircraft and their replacement with C–

24 17 aircraft and from lower than optimal reliability

25 rates for the C–5 aircraft.
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1 (3) One of the primary causes of these reli2 ability rates for C–5 aircraft, and especially for

3 operational unit aircraft, is the shortage of spare re4 pair parts. Over the past 5 years, this shortage has

5 been particularly evident in the C–5 fleet.

6 (4) NMCS (Not Mission Capable for Supply)

7 rates for C–5 aircraft have increased significantly in

8 the period between 1997 and 1999. At Dover Air

9 Force Base, Delaware, an average of 7 to 9 C–5 air10 craft were not available during that period because

11 of a lack of parts.

12 (5) Average rates of cannibalization of C–5 air13 craft per 100 sorties of such aircraft have also in14 creased during that period and are well above the

15 Air Mobility Command standard. In any given

16 month, this means devoting additional manhours to

17 cannibalizations of C–5 aircraft. At Dover Air Force

18 Base, an average of 800 to 1,000 additional

19 manhours were required for cannibalizations of C–5

20 aircraft during that period. Cannibalizations are

21 often required for aircraft that transit through a

22 base such as Dover Air Force Base, as well as those

23 that are based there.

24 (6) High cannibalization rates indicate a signifi25 cant problem in delivering spare parts in a timely
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1 manner and systemic problems within the repair and

2 maintenance process, and also demoralize over3 worked maintenance crews.

4 (7) The C–5 aircraft remains an absolutely crit5 ical asset in air mobility and airlifting heavy equip6 ment and personnel to both military contingencies

7 and humanitarian relief efforts around the world.

8 (8) Despite increased funding for spare and re9 pair parts and other efforts by the Air Force to miti10 gate the parts shortage problem, Congress continues

11 to receive reports of significant cannibalizations to

12 airworthy C–5 aircraft and parts backlogs.

13 (b) REPORTS.—Not later than January 1, 2001, and

14 September 30, 2001, the Secretary of the Air Force shall

15 submit to the congressional defense committees a report

16 on the overall status of the spare and repair parts program

17 of the Air Force for the C–5 aircraft. The report shall

18 include the following—

19 (1) a statement of the funds currently allocated

20 to parts for the C–5 aircraft and the adequacy of

21 such funds to meet current and future parts and

22 maintenance requirements for that aircraft;

23 (2) a description of current efforts to address

24 shortfalls in parts for such aircraft, including an as-
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1 sessment of potential short-term and long-term ef2 fects of such efforts;

3 (3) an assessment of the effects of such short4 falls on readiness and reliability ratings for C–5 air5 craft;

6 (4) a description of cannibalization rates for C–

7 5 aircraft and the manhours devoted to

8 cannibalizations of such aircraft; and

9 (5) an assessment of the effects of parts short10 falls and cannibalizations with respect to C–5 air11 craft on readiness and retention.

12 SEC. 1028. REPORT ON THE STATUS OF DOMESTIC PRE13 PAREDNESS AGAINST THE THREAT OF BIO14 LOGICAL TERRORISM.

15 (a) REPORT REQUIRED.—Not later than March 31,

16 2001, the President shall submit to the Speaker of the

17 House of Representatives and the President Pro Tempore

18 of the Senate a report on domestic preparedness against

19 the threat of biological terrorism.

20 (b) REPORT ELEMENTS.—The report shall address

21 the following:

22 (1) The current state of United States pre23 paredness to defend against a biologic attack.
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1 (2) The roles that various Federal agencies cur2 rently play, and should play, in preparing for, and

3 defending against, such an attack.

4 (3) The roles that State and local agencies and

5 public health facilities currently play, and should

6 play, in preparing for, and defending against, such

7 an attack.

8 (4) The advisability of establishing an intergov9 ernmental task force to assist in preparations for

10 such an attack.

11 (5) The potential role of advanced communica12 tions systems in aiding domestic preparedness

13 against such an attack.

14 (6) The potential for additional research and

15 development in biotechnology to aid domestic pre16 paredness against such an attack.

17 (7) Other measures that should be taken to aid

18 domestic preparedness against such an attack.

19 (8) The financial resources necessary to support

20 efforts for domestic preparedness against such an

21 attack.

22 (9) The beneficial consequences of such efforts

23 on—

24 (A) the treatment of naturally occurring

25 infectious disease;
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1 (B) the efficiency of the United States

2 health care system;

3 (C) the maintenance in the United States

4 of a competitive edge in biotechnology; and

5 (D) the United States economy.

6 SEC. 1029. REPORT ON GLOBAL MISSILE LAUNCH EARLY

7 WARNING CENTER.

8 Not later than March 15, 2001, the Secretary of De9 fense shall submit to the congressional defense committees

10 a report on the feasibility and advisability of establishing

11 a center at which missile launch early warning data from

12 the United States and other nations would be made avail13 able to representatives of nations concerned with the

14 launch of ballistic missiles. The report shall include the

15 Secretary’s assessment of the advantages and disadvan16 tages of such a center and any other matters regarding

17 such a center that the Secretary considers appropriate.

18 SEC. 1030. MANAGEMENT REVIEW OF WORKING-CAPITAL

19 FUND ACTIVITIES.

20 (a) COMPTROLLER GENERAL REVIEW REQUIRED.—

21 The Comptroller General shall conduct a review of the

22 working-capital fund activities of the Department of De23 fense to identify any potential changes in current manage24 ment processes or policies that, if made, would result in
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1 a more efficient and economical operation of those activi2 ties.

3 (b) REVIEW TO INCLUDE CARRYOVER POLICY.—The

4 review shall include a review of practices under the De5 partment of Defense policy that authorizes funds available

6 for working-capital fund activities for one fiscal year to

7 be obligated for work to be performed at such activities

8 within the first 90 days of the next fiscal year (known

9 as ‘‘carryover’’). On the basis of the review, the Comp10 troller General shall determine the following:

11 (1) The extent to which the working-capital

12 fund activities of the Department of Defense have

13 complied with the 90-day carryover policy.

14 (2) The reasons for the carryover authority

15 under the policy to apply to as much as a 90-day

16 quantity of work.

17 (3) Whether applying the carryover authority to

18 not more than a 30-day quantity of work would be

19 sufficient to ensure uninterrupted operations at the

20 working-capital fund activities early in a fiscal year.

21 (4) What, if any, savings could be achieved by

22 restricting the carryover authority so as to apply to

23 a 30-day quantity of work.
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1 SEC. 1031. REPORT ON SUBMARINE RESCUE SUPPORT VES2 SELS.

3 (a) REQUIREMENT.—The Secretary of the Navy shall

4 submit to Congress, together with the submission of the

5 budget of the President for fiscal year 2002 under section

6 1105 of title 31, United States Code, a report on the plan

7 of the Navy for providing for submarine rescue support

8 vessels through fiscal year 2007.

9 (b) CONTENT.—The report shall include a discussion

10 of the following:

11 (1) The requirement for submarine rescue sup12 port vessels through fiscal year 2007, including ex13 perience in changing from the provision of such ves14 sels from dedicated platforms to the provision of

15 such vessels through vessel of opportunity services

16 and charter vessels.

17 (2) The resources required, the risks to subma18 riners, and the operational impacts of the following:

19 (A) Chartering submarine rescue support

20 vessels for terms of up to five years, with op21 tions to extend the charters for two additional

22 five-year periods.

23 (B) Providing submarine rescue support

24 vessels using vessel of opportunity services.
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1 (C) Providing submarine rescue support

2 services through other means considered by the

3 Navy.

4 SEC. 1032. REPORTS ON FEDERAL GOVERNMENT

5 PROGRESS IN DEVELOPING INFORMATION

6 ASSURANCE STRATEGIES.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) The protection of our Nation’s critical infra10 structure is of paramount importance to the security

11 of the United States.

12 (2) The vulnerability of our Nation’s critical

13 sectors—such as financial services, transportation,

14 communications, and energy and water supply—has

15 increased dramatically in recent years as our econ16 omy and society have become ever more dependent

17 on interconnected computer systems.

18 (3) Threats to our Nation’s critical infrastruc19 ture will continue to grow as foreign governments,

20 terrorist groups, and cyber-criminals increasingly

21 focus on information warfare as a method of achiev22 ing their aims.

23 (4) Addressing the computer-based risks to our

24 Nation’s critical infrastructure requires extensive co-
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1 ordination and cooperation within and between Fed2 eral agencies and the private sector.

3 (5) Presidential Decision Directive No. 63

4 (PDD–63) identifies 12 areas critical to the func5 tioning of the United States and requires certain

6 Federal agencies, and encourages private sector in7 dustries, to develop and comply with strategies in8 tended to enhance the Nation’s ability to protect its

9 critical infrastructure.

10 (6) PDD–63 requires lead Federal agencies to

11 work with their counterparts in the private sector to

12 create early warning information sharing systems

13 and other cyber-security strategies.

14 (7) PDD–63 further requires that key Federal

15 agencies develop their own internal information as16 surance plans, and that these plans be fully oper17 ational not later than May 2003.

18 (b) REPORT REQUIREMENTS.—(1) Not later than

19 July 1, 2001, the President shall submit to Congress a

20 comprehensive report detailing the specific steps taken by

21 the Federal Government as of the date of the report to

22 develop infrastructure assurance strategies as outlined by

23 Presidential Decision Directive No. 63 (PDD–63). The re24 port shall include the following:
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1 (A) A detailed summary of the progress of each

2 Federal agency in developing an internal information

3 assurance plan.

4 (B) The progress of Federal agencies in estab5 lishing partnerships with relevant private sector in6 dustries.

7 (2) Not later than 120 days after the date of the en8 actment of this Act, the Secretary of Defense shall submit

9 to Congress a detailed report on the roles and responsibil10 ities of the Department of Defense in defending against

11 attacks on critical infrastructure and critical information12 based systems. The report shall include the following:

13 (A) A description of the current role of the De14 partment of Defense in implementing Presidential

15 Decision Directive No. 63 (PDD–63).

16 (B) A description of the manner in which the

17 Department is integrating its various capabilities

18 and assets (including the Army Land Information

19 Warfare Activity (LIWA), the Joint Task Force on

20 Computer Network Defense (JTF-CND), and the

21 National Communications System) into an indica22 tions and warning architecture.

23 (C) A description of Department work with the

24 intelligence community to identify, detect, and

25 counter the threat of information warfare programs
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1 by potentially hostile foreign national governments

2 and sub-national groups.

3 (D) A definitions of the terms ‘‘nationally sig4 nificant cyber event’’ and ‘‘cyber reconstitution’’.

5 (E) A description of the organization of Depart6 ment to protect its foreign-based infrastructure and

7 networks.

8 (F) An identification of the elements of a de9 fense against an information warfare attack, includ10 ing the integration of the Computer Network Attack

11 Capability of the United States Space Command

12 into the overall cyber-defense of the United States.

13 Subtitle E—Information Security

14 SEC. 1041. INSTITUTE FOR DEFENSE COMPUTER SECURITY

15 AND INFORMATION PROTECTION.

16 (a) ESTABLISHMENT.—The Secretary of Defense

17 shall establish an Institute for Defense Computer Security

18 and Information Protection.

19 (b) MISSION.—The Secretary shall require the

20 institute—

21 (1) to conduct research and technology develop22 ment that is relevant to foreseeable computer and

23 network security requirements and information as24 surance requirements of the Department of Defense

25 with a principal focus on areas not being carried out
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1 by other organizations in the private or public sec2 tor; and

3 (2) to facilitate the exchange of information re4 garding cyberthreats, technology, tools, and other

5 relevant issues between government and nongovern6 ment organizations and entities.

7 (c) CONTRACTOR OPERATION.—The Secretary shall

8 enter into a contract with a not-for-profit entity or consor9 tium of not-for-profit entities to organize and operate the

10 institute. The Secretary shall use competitive procedures

11 for the selection of the contractor to the extent determined

12 necessary by the Secretary.

13 (d) FUNDING.—Of the amounts authorized to be ap14 propriated under section 301(5), $10,000,000 shall be

15 available for the Institute for Defense Computer Security

16 and Information Protection.

17 (e) REPORT.—Not later than April 1, 2001, the Sec18 retary shall submit to the congressional defense commit19 tees the Secretary’s plan for implementing this section.

20 SEC. 1042. INFORMATION SECURITY SCHOLARSHIP PRO21 GRAM.

22 (a) ESTABLISHMENT OF PROGRAM.—(1) Part III of

23 subtitle A of title 10, United States Code, is amended by

24 adding at the end the following:
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1 ‘‘CHAPTER 112—INFORMATION SECURITY

2 SCHOLARSHIP PROGRAM

‘‘Sec.

‘‘2200. Programs; purpose.

‘‘2200a. Scholarship program.

‘‘2200b. Grant program.

‘‘2200c. Centers of Academic Excellence in Information Assurance Education.

‘‘2200d. Regulations.

‘‘2200e. Definitions.

‘‘2200f. Inapplicability to Coast Guard.

3 ‘‘§ 2200. Programs; purpose

4 ‘‘(a) IN GENERAL.—To encourage the recruitment

5 and retention of Department of Defense personnel who

6 have the computer and network security skills necessary

7 to meet Department of Defense information assurance re8 quirements, the Secretary of Defense may carry out pro9 grams in accordance with this chapter to provide financial

10 support for education in disciplines relevant to those re11 quirements at institutions of higher education.

12 ‘‘(b) TYPES OF PROGRAMS.—The programs author13 ized under this chapter are as follows:

14 ‘‘(1) Scholarships for pursuit of programs of

15 education in information assurance at institutions of

16 higher education.

17 ‘‘(2) Grants to institutions of higher education.

18 ‘‘§ 2200a. Scholarship program

19 ‘‘(a) AUTHORITY.—The Secretary of Defense may,

20 subject to subsection (g), provide financial assistance in

21 accordance with this section to a person pursuing a bacca-
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1 laureate or advanced degree in an information assurance

2 discipline referred to in section 2200(a) of this title at an

3 institution of higher education who enters into an agree4 ment with the Secretary as described in subsection (b).

5 ‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP RE6 CIPIENTS.—(1) To receive financial assistance under this

7 section—

8 ‘‘(A) a member of the armed forces shall enter

9 into an agreement to serve on active duty in the

10 member’s armed force for the period of obligated

11 service determined under paragraph (2);

12 ‘‘(B) an employee of the Department of De13 fense shall enter into an agreement to continue in

14 the employment of the department for the period of

15 obligated service determined under paragraph (2);

16 and

17 ‘‘(C) a person not referred to in subparagraph

18 (A) or (B) shall enter into an agreement—

19 ‘‘(i) to enlist or accept a commission in one

20 of the armed forces and to serve on active duty

21 in that armed force for the period of obligated

22 service determined under paragraph (2); or

23 ‘‘(ii) to accept and continue employment in

24 the Department of Defense for the period of ob25 ligated service determined under paragraph (2).
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1 ‘‘(2) For the purposes of this subsection, the period

2 of obligated service for a recipient of financial assistance

3 under this section shall be the period determined by the

4 Secretary of Defense as being appropriate to obtain ade5 quate service in exchange for the financial assistance and

6 otherwise to achieve the goals set forth in section 2200(a)

7 of this title. In no event may the period of service required

of a recipient be less than the period equal to 3 8 ⁄4 of the

9 total period of pursuit of a degree for which the Secretary

10 agrees to provide the recipient with financial assistance

11 under this section. The period of obligated service is in

12 addition to any other period for which the recipient is obli13 gated to serve on active duty or in the civil service, as

14 the case may be.

15 ‘‘(3) An agreement entered into under this section by

16 a person pursuing an academic degree shall include

17 clauses that provide the following:

18 ‘‘(A) That the period of obligated service begins

19 on a date after the award of the degree that is de20 termined under the regulations prescribed under sec21 tion 2200d of this title.

22 ‘‘(B) That the person will maintain satisfactory

23 academic progress, as determined in accordance with

24 those regulations, and that failure to maintain such

25 progress constitutes grounds for termination of the
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1 financial assistance for the person under this sec2 tion.

3 ‘‘(C) Any other terms and conditions that the

4 Secretary of Defense determines appropriate for car5 rying out this section.

6 ‘‘(c) AMOUNT OF ASSISTANCE.—The amount of the

7 financial assistance provided for a person under this sec8 tion shall be the amount determined by the Secretary of

9 Defense as being necessary to pay all educational expenses

10 incurred by that person, including tuition, fees, cost of

11 books, laboratory expenses, and expenses of room and

12 board. The expenses paid, however, shall be limited to

13 those educational expenses normally incurred by students

14 at the institution of higher education involved.

15 ‘‘(d) USE OF ASSISTANCE FOR SUPPORT OF INTERN16 SHIPS.—The financial assistance for a person under this

17 section may also be provided to support internship activi18 ties of the person at the Department of Defense in periods

19 between the academic years leading to the degree for

20 which assistance is provided the person under this section.

21 ‘‘(e) REFUND FOR PERIOD OF UNSERVED OBLI22 GATED SERVICE.—(1) A person who voluntarily termi23 nates service before the end of the period of obligated serv24 ice required under an agreement entered into under sub25 section (b) shall refund to the United States an amount
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1 determined by the Secretary of Defense as being appro2 priate to obtain adequate service in exchange for financial

3 assistance and otherwise to achieve the goals set forth in

4 section 2200(a) of this title.

5 ‘‘(2) An obligation to reimburse the United States

6 imposed under paragraph (1) is for all purposes a debt

7 owed to the United States.

8 ‘‘(3) The Secretary of Defense may waive, in whole

9 or in part, a refund required under paragraph (1) if the

10 Secretary determines that recovery would be against eq11 uity and good conscience or would be contrary to the best

12 interests of the United States.

13 ‘‘(f) EFFECT OF DISCHARGE IN BANKRUPTCY.—A

14 discharge in bankruptcy under title 11 that is entered less

15 than 5 years after the termination of an agreement under

16 this section does not discharge the person signing such

17 agreement from a debt arising under such agreement or

18 under subsection (e).

19 ‘‘(g) ALLOCATION OF FUNDING.—Not less than 50

20 percent of the amount available for financial assistance

21 under this section for a fiscal year shall be available only

22 for providing financial assistance for the pursuit of de23 grees referred to in subsection (a) at institutions of higher

24 education that have established, improved, or are admin25 istering programs of education in information assurance
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1 under the grant program established in section 2200b of

2 this title, as determined by the Secretary of Defense.

3 ‘‘§ 2200b. Grant program

4 ‘‘(a) AUTHORITY.—The Secretary of Defense may

5 provide grants of financial assistance to institutions of

6 higher education to support the establishment, improve7 ment, or administration of programs of education in infor8 mation assurance disciplines referred to in section 2200(a)

9 of this title.

10 ‘‘(b) PURPOSES.—The proceeds of grants under this

11 section may be used by an institution of higher education

12 for the following purposes:

13 ‘‘(1) Faculty development.

14 ‘‘(2) Curriculum development.

15 ‘‘(3) Laboratory improvements.

16 ‘‘(4) Faculty research in information security.

17 ‘‘§ 2200c. Centers of Academic Excellence in Informa18 tion Assurance Education

19 ‘‘In the selection of a recipient for the award of a

20 scholarship or grant under this chapter, consideration

21 shall be given to whether—

22 ‘‘(1) in the case of a scholarship, the institution

23 at which the recipient pursues a degree is a Center

24 of Academic Excellence in Information Assurance

25 Education; and
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1 ‘‘(2) in the case of a grant, the recipient is a

2 Center of Academic Excellence in Information As3 surance Education.

4 ‘‘§ 2200d. Regulations

5 ‘‘The Secretary of Defense shall prescribe regulations

6 for the administration of this chapter.

7 ‘‘§ 2200e. Definitions

8 ‘‘In this chapter:

9 ‘‘(1) The term ‘information assurance’ includes

10 the following:

11 ‘‘(A) Computer security.

12 ‘‘(B) Network security.

13 ‘‘(C) Any other information technology

14 that the Secretary of Defense considers related

15 to information assurance.

16 ‘‘(2) The term ‘institution of higher education’

17 has the meaning given the term in section 101 of the

18 Higher Education Act of 1965 (20 U.S.C. 1001).

19 ‘‘(3) The term ‘Center of Academic Excellence

20 in Information Assurance Education’ means an in21 stitution of higher education that is designated as a

22 Center of Academic Excellence in Information As23 surance Education by the Director of the National

24 Security Agency.
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1 ‘‘§ 2200f. Inapplicability to Coast Guard

2 ‘‘This chapter does not apply to the Coast Guard

3 when it is not operating as a service in the Navy.’’.

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

5 A of title 10, United States Code, and the beginning of

6 part III of such subtitle are amended by inserting after

7 the item relating to chapter 111 the following:

‘‘112. Information Security Scholarship Program ................................... 2200’’.

8 (b) FUNDING.—Of the amount authorized to be ap9 propriated under section 301(5), $20,000,000 shall be

10 available for carrying out chapter 112 of title 10, United

11 States Code (as added by subsection (a)).

12 (c) REPORT.—Not later than April 1, 2001, the Sec13 retary of Defense shall submit to the congressional defense

14 committees a plan for implementing the programs under

15 chapter 112 of title 10, United States Code.

16 SEC. 1043. PROCESS FOR PRIORITIZING BACKGROUND IN17 VESTIGATIONS FOR SECURITY CLEARANCES

18 FOR DEPARTMENT OF DEFENSE PERSONNEL.

19 (a) ESTABLISHMENT OF PROCESS.—Chapter 80 of

20 title 10, United States Code, is amended by adding at the

21 end the following:

22 ‘‘§ 1563. Security clearance investigations

23 ‘‘(a) EXPEDITED PROCESS.—The Secretary of De24 fense shall prescribe a process for expediting the comple25 tion of the background investigations necessary for grant-
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1 ing security clearances for Department of Defense per2 sonnel who are engaged in sensitive duties that are critical

3 to the national security.

4 ‘‘(b) REQUIRED FEATURES.—The process developed

5 under subsection (a) shall provide for the following:

6 ‘‘(1) Quantification of the requirements for

7 background investigations necessary for grants of se8 curity clearances for Department of Defense per9 sonnel.

10 ‘‘(2) Categorization of personnel on the basis of

11 the degree of sensitivity of their duties and the ex12 tent to which those duties are critical to the national

13 security.

14 ‘‘(3) Prioritization of the processing of back15 ground investigations on the basis of the categories

16 of personnel.

17 ‘‘(c) ANNUAL REVIEW.—The Secretary shall review,

18 each year, the process prescribed under subsection (a) and

19 shall revise it as determined necessary in relation to ongo20 ing Department of Defense missions.

21 ‘‘(d) CONSULTATION REQUIREMENT.—The Secretary

22 shall consult with the Secretaries of the military depart23 ments and the heads of Defense Agencies in carrying out

24 this section.
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1 ‘‘(e) SENSITIVE DUTIES.—For the purposes of this

2 section, it is not necessary for the performance of duties

3 to involve classified activities or classified matters in order

4 for the duties to be considered sensitive and critical to the

5 national security.’’.

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

7 at the beginning of such chapter is amended by adding

8 at the end the following:

‘‘1563. Security clearance investigations.’’.

9 SEC. 1044. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE

10 INFORMATION FROM PUBLIC DISCLOSURE.

11 (a) IN GENERAL.—Chapter 3 of title 10, United

12 States Code, is amended by inserting after section 130b

13 the following new section:

14 ‘‘§ 130c. Nondisclosure of information: certain sen15 sitive information of foreign governments

16 and international organizations

17 ‘‘(a) EXEMPTION FROM DISCLOSURE.—The national

18 security official concerned (as defined in subsection (g))

19 may withhold from public disclosure otherwise required by

20 law sensitive information of foreign governments in ac21 cordance with this section.

22 ‘‘(b) INFORMATION ELIGIBLE FOR EXEMPTION.—

23 For the purposes of this section, information is sensitive

24 information of a foreign government only if the national
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1 security official concerned makes each of the following de2 terminations with respect to the information:

3 ‘‘(1) That the information was provided by, oth4 erwise made available by, or produced in cooperation

5 with, a foreign government or international organi6 zation.

7 ‘‘(2) That the foreign government or inter8 national organization is withholding the information

9 from public disclosure (relying for that determina10 tion on the written representation of the foreign gov11 ernment or international organization to that effect).

12 ‘‘(3) That any of the following conditions are

13 met:

14 ‘‘(A) The foreign government or inter15 national organization requests, in writing, that

16 the information be withheld.

17 ‘‘(B) The information was provided or

18 made available to the United States Govern19 ment on the condition that it not be released to

20 the public.

21 ‘‘(C) The information is an item of infor22 mation, or is in a category of information, that

23 the national security official concerned has

24 specified in regulations prescribed under sub25 section (f) as being information the release of
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1 which would have an adverse effect on the abil2 ity of the United States Government to obtain

3 the same or similar information in the future.

4 ‘‘(c) INFORMATION OF OTHER AGENCIES.—If the na5 tional security official concerned provides to the head of

6 another agency sensitive information of a foreign govern7 ment, as determined by that national security official

8 under subsection (b), and informs the head of the other

9 agency of that determination, then the head of the other

10 agency shall withhold the information from any public dis11 closure unless that national security official specifically

12 authorizes the disclosure.

13 ‘‘(d) LIMITATIONS.—(1) If a request for disclosure

14 covers any sensitive information of a foreign government

15 (as described in subsection (b)) that came into the posses16 sion or under the control of the United States Government

17 before the date of the enactment of the National Defense

18 Authorization Act for Fiscal Year 2001 and more than

19 25 years before the request is received by an agency, the

20 information may be withheld only as set forth in para21 graph (3).

22 ‘‘(2)(A) If a request for disclosure covers any sen23 sitive information of a foreign government (as described

24 in subsection (b)) that came into the possession or under

25 the control of the United States Government on or after
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1 the date referred to in paragraph (1), the authority to

2 withhold the information under this section is subject to

3 the provisions of subparagraphs (B) and (C).

4 ‘‘(B) Information referred to in subparagraph (A)

5 may not be withheld under this section after—

6 ‘‘(i) the date that is specified by a foreign gov7 ernment or international organization in a request

8 or expression of a condition described in paragraph

9 (1) or (2) of subsection (b) that is made by the for10 eign government or international organization con11 cerning the information; or

12 ‘‘(ii) if there are more than one such foreign

13 governments or international organizations, the lat14 est date so specified by any of them.

15 ‘‘(C) If no date is applicable under subparagraph (B)

16 to a request referred to in subparagraph (A) and the infor17 mation referred to in that subparagraph came into posses18 sion or under the control of the United States more than

19 10 years before the date on which the request is received

20 by an agency, the information may be withheld under this

21 section only as set forth in paragraph (3).

22 ‘‘(3) Information referred to in paragraph (1) or

23 (2)(C) may be withheld under this section in the case of

24 a request for disclosure only if, upon the notification of

25 each foreign government and international organization
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1 concerned in accordance with the regulations prescribed

2 under subsection (g)(2), any such government or organiza3 tion requests in writing that the information not be dis4 closed for an additional period stated in the request of

5 that government or organization. After the national secu6 rity official concerned considers the request of the foreign

7 government or international organization, the official shall

8 designate a later date as the date after which the informa9 tion is not to be withheld under this section. The later

10 date may be extended in accordance with a later request

11 of any such foreign government or international organiza12 tion under this paragraph.

13 ‘‘(e) INFORMATION PROTECTED UNDER OTHER AU14 THORITY.—This section does not apply to information or

15 matters that are specifically required in the interest of na16 tional defense or foreign policy to be protected against un17 authorized disclosure under criteria established by an Ex18 ecutive order and are classified, properly, at the confiden19 tial, secret, or top secret level pursuant to such Executive

20 order.

21 ‘‘(f) DISCLOSURES NOT AFFECTED.—Nothing in this

22 section shall be construed to authorize any official to with23 hold, or to authorize the withholding of, information from

24 the following:

25 ‘‘(1) Congress.
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1 ‘‘(2) The Comptroller General, unless the infor2 mation relates to activities that the President des3 ignates as foreign intelligence or counterintelligence

4 activities.

5 ‘‘(g) REGULATIONS.—(1) The national security offi6 cials referred to in subsection (h)(1) shall each prescribe

7 regulations to carry out this section. The regulations shall

8 include criteria for making the determinations required

9 under subsection (b). The regulations may provide for con10 trols on access to and use of, and special markings and

11 specific safeguards for, a category or categories of infor12 mation subject to this section.

13 ‘‘(2) The regulations shall include procedures for no14 tifying and consulting with each foreign government or

15 international organization concerned about requests for

16 disclosure of information to which this section applies.

17 ‘‘(h) DEFINITIONS.—In this section:

18 ‘‘(1) The term ‘national security official con19 cerned’ means the following:

20 ‘‘(A) The Secretary of Defense, with re21 spect to information of concern to the Depart22 ment of Defense, as determined by the Sec23 retary.

24 ‘‘(B) The Secretary of Transportation,

25 with respect to information of concern to the
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1 Coast Guard, as determined by the Secretary,

2 but only while the Coast Guard is not operating

3 as a service in the Navy.

4 ‘‘(C) The Secretary of Energy, with re5 spect to information concerning the national se6 curity programs of the Department of Energy,

7 as determined by the Secretary.

8 ‘‘(2) The term ‘agency’ has the meaning given

9 that term in section 552(f) of title 5.

10 ‘‘(3) The term ‘international organization’

11 means the following:

12 ‘‘(A) A public international organization

13 designated pursuant to section 1 of the Inter14 national Organizations Immunities Act (59

15 Stat. 669; 22 U.S.C. 288) as being entitled to

16 enjoy the privileges, exemptions, and immuni17 ties provided in such Act.

18 ‘‘(B) A public international organization

19 created pursuant to a treaty or other inter20 national agreement as an instrument through

21 or by which two or more foreign governments

22 engage in some aspect of their conduct of inter23 national affairs.
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1 ‘‘(C) An official mission, except a United

2 States mission, to a public international organi3 zation referred to in subparagraph (A) or (B).’’.

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

5 at the beginning of such chapter is amended by inserting

6 after the item relating to section 130b the following new

7 item:

‘‘130c. Nondisclosure of information: certain sensitive information of foreign

governments and international organizations.’’.

8 SEC. 1045. PROTECTION OF OPERATIONAL FILES OF THE

9 DEFENSE INTELLIGENCE AGENCY.

10 (a) AUTHORITY.—Subchapter I of chapter 21 of title

11 10, United States Code, is amended by adding at the end

12 the following:

13 ‘‘§ 426. Protection of sensitive information: oper14 ational files of the Defense Intelligence

15 Agency

16 ‘‘(a) AUTHORITY TO WITHHOLD OPERATIONAL

17 FILES.—The Secretary of Defense may withhold from

18 public disclosure operational files described in subsection

19 (b) to the same extent that operational files may be with20 held under section 701 of the National Security Act of

21 1947 (50 U.S.C. 431), subject to judicial review under the

22 same circumstances and to the same extent as is provided

23 in subsection (f) of such section.
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1 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER2 ATIONAL FILES.—Section 702 of the National Security

3 Act of 1947 (50 U.S.C. 432), setting forth requirements

4 for decennial review of exemptions from public disclosure

5 and related provisions for judicial review shall apply with

6 respect to the exemptions from public disclosure that are

7 in force under subsection (a), subject to the following re8 quirements:

9 ‘‘(1) The Secretary of Defense shall conduct the

10 decennial review under this subsection.

11 ‘‘(2) In the application of the judicial review

12 provisions under subsection (c) of such section

13 702—

14 ‘‘(A) the references to the Central Intel15 ligence Agency shall be deemed to refer to the

16 Secretary of Defense; and

17 ‘‘(B) the reference in paragraph (1) of that

18 subsection to the period for the first review

19 shall be deemed to refer to the 10-year period

20 beginning on the day after the date of the en21 actment of the National Defense Authorization

22 Act for Fiscal Year 2001.

23 ‘‘(c) OPERATIONAL FILES DEFINED.—In this sec24 tion, the term ‘operational files’ has the meaning given

25 that term in section 701(b) of the National Security Act
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1 of 1947 (50 U.S.C. 431(b)), except that the references to

2 elements of the Central Intelligence Agency do not

3 apply.’’.

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

5 at the beginning of such subchapter is amended by adding

6 at the end the following:

‘‘426. Protection of sensitive information: operational files of the Defense Intelligence Agency.’’.

7 Subtitle F—Other Matters

8 SEC. 1051. COMMEMORATION OF THE FIFTIETH ANNIVER9 SARY OF THE UNIFORM CODE OF MILITARY

10 JUSTICE.

11 (a) FINDINGS.—Congress makes the following find12 ings:

13 (1) The American military justice system pre14 dates the United States itself, having had a contin15 uous existence since the enactment of the first

16 American Articles of War by the Continental Con17 gress in 1775.

18 (2) Pursuant to article I of the Constitution,

19 which explicitly empowers Congress ‘‘To make Rules

20 for the Government and Regulation of the land and

21 naval Forces’’, Congress enacted the Articles of War

22 and an Act to Govern the Navy, which were revised

23 on several occasions between the ratification of the

24 Constitution and the end of World War II.
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1 (3) Dissatisfaction with the administration of

2 military justice in World War I and World War II

3 led both to significant statutory reforms in the Arti4 cles of War and to the convening of a committee,

5 under Department of Defense auspices, to draft a

6 uniform code of military justice applicable to all of

7 the Armed Forces.

8 (4) The committee, chaired by Professor Ed9 mund M. Morgan of Harvard Law School, made rec10 ommendations that formed the basis of bills intro11 duced in Congress to establish such a uniform code

12 of military justice.

13 (5) After lengthy hearings and debate on the

14 congressional proposals, the Uniform Code of Mili15 tary Justice was enacted into law on May 5, 1950,

16 when President Harry S. Truman signed the legisla17 tion.

18 (6) President Truman then issued a revised

19 Manual for Courts-Martial implementing the new

20 code, and the code became effective on May 31,

21 1951.

22 (7) One of the greatest innovations of the Uni23 form Code of Military Justice was the establishment

24 of a civilian court of appeals within the military jus25 tice system. That court, the United States Court of
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1 Military Appeals (now the United States Court of

2 Appeals for the Armed Forces), held its first session

3 on July 25, 1951.

4 (8) Congress enacted major revisions of the

5 Uniform Code of Military Justice in 1968 and 1983

6 and, in addition, has amended the code from time to

7 time over the years as practice under the code indi8 cated a need for updating the substance or proce9 dure of the law of military justice.

10 (9) The evolution of the system of military jus11 tice under the Uniform Code of Military Justice may

12 be traced in the decisions of the Courts of Criminal

13 Appeals of each of the Armed Forces and the deci14 sions of the United States Court of Appeals for the

15 Armed Forces. These courts have produced a unique

16 body of jurisprudence upon which commanders and

17 judge advocates rely in the performance of their du18 ties.

19 (10) It is altogether fitting that the fiftieth an20 niversary of the Uniform Code of Military Justice be

21 duly commemorated.

22 (b) COMMEMORATION.—The Congress—

23 (1) requests the President to issue a proclama24 tion commemorating the fiftieth anniversary of the

25 Uniform Code of Military Justice; and
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1 (2) calls upon the Department of Defense, the

2 Armed Forces, and the United States Court of Ap3 peals for the Armed Forces to commemorate the oc4 casion with ceremonies and activities befitting its

5 importance.

6 SEC. 1052. TECHNICAL CORRECTIONS.

7 (a) THRESHOLD DATE FOR EFFECTIVENESS OF

8 AGREEMENTS TO MAKE AN SBP ELECTION.—(1) Section

9 657(a)(1)(A) of the National Defense Authorization Act

10 for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 668;

11 10 U.S.C. 1450 note) is amended by striking ‘‘August 21,

12 1983’’ and inserting ‘‘August 19, 1983’’.

13 (2) The amendment made by paragraph (1) shall

14 take effect as of October 5, 1999, and shall apply as if

15 included in section 657(a)(1)(A) of Public Law 106–65

16 on that date.

17 (b) STATE OF INCORPORATION OF FLEET RESERVE

18 ASSOCIATION.—Sections 70102(a) and 70108(a) of title

19 36, United States Code, are amended by striking ‘‘Dela20 ware’’ and inserting ‘‘Pennsylvania’’.
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1 SEC. 1053. ELIGIBILITY OF DEPENDENTS OF AMERICAN

2 RED CROSS EMPLOYEES FOR ENROLLMENT

3 IN DEPARTMENT OF DEFENSE DOMESTIC DE4 PENDENT SCHOOLS IN PUERTO RICO.

5 Section 2164 of title 10, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(i) AMERICAN RED CROSS EMPLOYEE DEPEND8 ENTS IN PUERTO RICO.—(1) The Secretary of Defense

9 may authorize a dependent of an employee of the Amer10 ican Red Cross performing armed forces emergency serv11 ices in Puerto Rico to enroll in an educational program

12 provided by the Secretary pursuant to subsection (a) in

13 Puerto Rico.

14 ‘‘(2) In determining the dependency status of any

15 person for the purposes of paragraph (1), the Secretary

16 shall apply the same definitions as apply to the determina17 tion of such status with respect to Federal employees in

18 the administration of this section.

19 ‘‘(3) The Secretary shall be paid for the educational

20 services and related items provided to a student under

21 paragraph (1). To determine the amount for educational

22 services, the Secretary shall allocate to the student a

23 share, considered appropriate by the Secretary, of the

24 costs of providing the educational program in which the

25 student is enrolled. The Secretary shall enter into such

26 agreements or take such other actions as the Secretary
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1 determines necessary to ensure that the payments re2 quired under this paragraph are made.’’.

3 SEC. 1054. GRANTS TO AMERICAN RED CROSS FOR ARMED

4 FORCES EMERGENCY SERVICES.

5 (a) GRANTS AUTHORIZED.—The Secretary of De6 fense may, subject to subsection (b), make a grant to the

7 American Red Cross of up to $9,400,000 in each of fiscal

8 years 2001, 2002, and 2003 for the support of the Armed

9 Forces Emergency Services program of the American Red

10 Cross.

11 (b) MATCHING REQUIREMENT.—A grant may not be

12 made for a fiscal year under subsection (a) until the Sec13 retary receives from the American Red Cross a certifi14 cation providing assurances satisfactory to the Secretary

15 that the American Red Cross will expend for the Armed

16 Forces Emergency Services program for that fiscal year

17 funds, derived from sources other than the Federal Gov18 ernment, in a total amount that equals or exceeds the

19 amount of the grant.

20 (c) FUNDING.—Of the amount authorized to be ap21 propriated by section 301 for operation and maintenance

22 for Defense-wide activities, $9,400,000 shall be available

23 for grants made under this section.
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1 SEC. 1055. TRANSIT PASS PROGRAM FOR CERTAIN DEPART2 MENT OF DEFENSE PERSONNEL.

3 (a) ESTABLISHMENT OF PROGRAM.—To encourage

4 Department of Defense personnel in areas described in

5 subsection (b) to use means other than single-occupancy

6 motor vehicles to commute to or from work, the Secretary

7 of Defense shall exercise the authority provided in section

8 7905 of title 5, United States Code, to establish a program

9 to provide the personnel in such areas with a transit pass

10 benefit under subsection (b)(2)(A) of such section.

11 (b) COVERED AREAS.—The Secretary shall establish

12 the program required by subsection (a) in the areas which

13 do not meet the revised national ambient air quality stand14 ards under section 109 of the Clean Air Act (42 U.S.C.

15 7409).

16 (c) TIME FOR IMPLEMENTATION.—The Secretary

17 shall prescribe the effective date for the program required

18 under subsection (a). The effective date so prescribed may

19 not be later than the first day of the first month that be20 gins on or after the date that is 180 days after the date

21 of the enactment of this Act.

22 SEC. 1056. FEES FOR PROVIDING HISTORICAL INFORMA23 TION TO THE PUBLIC.

24 (a) ARMY.—(1) Chapter 437 of title 10, United

25 States Code, is amended by adding at the end the fol26 lowing:
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1 ‘‘§ 4595. Army Military History Institute: fee for pro2 viding historical information to the pub3 lic

4 ‘‘(a) AUTHORITY.—Except as provided in subsection

5 (b), the Secretary of the Army may charge a person a fee

6 for providing the person with information from the United

7 States Army Military History Institute that is requested

8 by that person.

9 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

10 this section—

11 ‘‘(1) to a person for information that the person

12 requests to carry out a duty as a member of the

13 armed forces or an officer or employee of the United

14 States; or

15 ‘‘(2) for a release of information under section

16 552 of title 5.

17 ‘‘(c) LIMITATION ON AMOUNT.—A fee charged for

18 providing information under this section may not exceed

19 the cost of providing the information.

20 ‘‘(d) RETENTION OF FEES.—Amounts received under

21 subsection (a) for providing information in any fiscal year

22 shall be credited to the appropriation or appropriations

23 charged the costs of providing information to the public

24 from the United States Army Military History Institute

25 during that fiscal year.

26 ‘‘(e) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘United States Army Military

2 History Institute’ means the archive for historical

3 records and materials of the Army that the Sec4 retary of the Army designates as the primary ar5 chive for such records and materials.

6 ‘‘(2) The terms ‘officer of the United States’

7 and ‘employee of the United States’ have the mean8 ings given the terms ‘officer’ and ‘employee’, respec9 tively, in sections 2104 and 2105, respectively, of

10 title 5.’’.

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

12 chapter is amended by adding at the end the following:

‘‘4595. Army Military History Institute: fee for providing historical information

to the public.’’.

13 (b) NAVY.—(1) Chapter 649 of such title 10 is

14 amended by adding at the end the following new section:

15 ‘‘§ 7582. Naval and Marine Corps Historical Centers:

16 fee for providing historical information

17 to the public

18 ‘‘(a) AUTHORITY.—Except as provided in subsection

19 (b), the Secretary of the Navy may charge a person a fee

20 for providing the person with information from the United

21 States Naval Historical Center or the Marine Corps His22 torical Center that 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 from the United

12 States Naval Historical Center or the Marine Corps His13 torical Center in any fiscal year shall be credited to the

14 appropriation or appropriations charged the costs of pro15 viding information to the public from that historical center

16 during that fiscal year.

17 ‘‘(e) DEFINITIONS.—In this section:

18 ‘‘(1) The term ‘United States Naval Historical

19 Center’ means the archive for historical records and

20 materials of the Navy that the Secretary of the Navy

21 designates as the primary archive for such records

22 and materials.

23 ‘‘(2) The term ‘Marine Corps Historical Center’

24 means the archive for historical records and mate25 rials of the Marine Corps that the Secretary of the
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1 Navy designates as the primary archive for such

2 records and materials.

3 ‘‘(3) The terms ‘officer of the United States’

4 and ‘employee of the United States’ have the mean5 ings given the terms ‘officer’ and ‘employee’, respec6 tively, in sections 2104 and 2105, respectively, of

7 title 5.’’.

8 (2) The heading of such chapter is amended by strik9 ing ‘‘RELATED’’.

10 (3)(A) The table of sections at the beginning of such

11 chapter is amended by adding at the end the following

12 new item:

‘‘7582. Naval and Marine Corps Historical Centers: fee for providing historical

information to the public.’’.

13 (B) The item relating to such chapter in the tables

14 of chapters at the beginning of subtitle C of title 10,

15 United States Code, and the beginning of part IV of such

16 subtitle is amended by striking out ‘‘Related’’.

17 (c) AIR FORCE.—(1) Chapter 937 of title 10, United

18 States Code, is amended by adding at the end the fol19 lowing new section:

20 ‘‘§ 9594. Air Force Military History Institute: fee for

21 providing historical information to the

22 public

23 ‘‘(a) AUTHORITY.—Except as provided in subsection

24 (b), the Secretary of the Air Force may charge a person
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1 a fee for providing the person with information from the

2 United States Air Force Military History Institute that

3 is requested by that person.

4 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

5 this section—

6 ‘‘(1) to a person for information that the person

7 requests to carry out a duty as a member of the

8 armed forces or an officer or employee of the United

9 States; or

10 ‘‘(2) for a release of information under section

11 552 of title 5.

12 ‘‘(c) LIMITATION ON AMOUNT.—A fee charged for

13 providing information under this section may not exceed

14 the cost of providing the information.

15 ‘‘(d) RETENTION OF FEES.—Amounts received under

16 subsection (a) for providing information in any fiscal year

17 shall be credited to the appropriation or appropriations

18 charged the costs of providing information to the public

19 from the United States Air Force Military History Insti20 tute during that fiscal year.

21 ‘‘(e) DEFINITIONS.—In this section:

22 ‘‘(1) The term ‘United States Air Force Mili23 tary History Institute’ means the archive for histor24 ical records and materials of the Air Force that the
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1 Secretary of the Air Force designates as the primary

2 archive for such records and materials.

3 ‘‘(2) The terms ‘officer of the United States’

4 and ‘employee of the United States’ have the mean5 ings given the terms ‘officer’ and ‘employee’, respec6 tively, in sections 2104 and 2105, respectively, of

7 title 5.’’.

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

9 chapter is amended by adding at the end the following

10 new item:

‘‘9594. Air Force Military History Institute: fee for providing historical information to the public.’’.

11 SEC. 1057. ACCESS TO CRIMINAL HISTORY RECORD INFOR12 MATION FOR NATIONAL SECURITY PUR13 POSES.

14 (a) CONDITIONS FOR AVAILABILITY OF INFORMA15 TION.—Subsection (b) of section 9101 of title 5, United

16 States Code, is amended—

17 (1) by striking paragraph (3);

18 (2) by redesignating paragraph (2) as para19 graph (4);

20 (3) in paragraph (1)—

21 (A) in the first sentence—

22 (i) by inserting ‘‘the Department of

23 Transportation,’’ after ‘‘the Department of

24 State,’’; and
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1 (ii) by inserting ‘‘the following:’’ after

2 ‘‘eligibility for’’; and

3 (B) by striking ‘‘(A) access to classified in4 formation’’ and all that follows through the end

5 of the paragraph and inserting the following:

6 ‘‘(A) Access to classified information.

7 ‘‘(B) Assignment to or retention in sensitive na8 tional security duties.

9 ‘‘(C) Acceptance or retention in the armed

10 forces.

11 ‘‘(D) Appointment, retention, or assignment to

12 a position of public trust or a critical or sensitive po13 sition while either employed by the Federal Govern14 ment or performing a Federal Government contract.

15 ‘‘(2) If the criminal justice agency possesses the capa16 bility to provide automated criminal history record infor17 mation based on a search of its records by name and other

18 common identifiers, the agency shall provide the requester

19 with full criminal history record information for individ20 uals who meet the matching criteria.

21 ‘‘(3) Fees, if any, charged for providing criminal his22 tory record information pursuant to this subsection may

23 not exceed the reasonable cost of providing such informa24 tion through an automated name search.’’; and

25 (4) by adding at the end the following:
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1 ‘‘(5) A criminal justice agency may not require, as

2 a condition for the release of criminal history record infor3 mation under this subsection, that any official of a depart4 ment or agency named in paragraph (1) enter into an

5 agreement with a State or local government to indemnify

6 and hold harmless the State or locality for damages, costs,

7 or other monetary loss arising from the disclosure or use

8 by that department or agency of criminal history record

9 information obtained from the State or local government

10 pursuant to this subsection.’’.

11 (b) USE OF AUTOMATED INFORMATION DELIVERY

12 SYSTEMS.—Such section is further amended—

13 (1) by redesignating subsection (e) as sub14 section (f); and

15 (2) by inserting after subsection (d) the fol16 lowing new subsection (e):

17 ‘‘(e)(1) Automated information delivery systems shall

18 be used to provide criminal history record information a

19 department or agency under subsection (b) whenever

20 available.

21 ‘‘(2) Fees, if any, charged for automated access

22 through such systems may not exceed the reasonable cost

23 of providing such access.

24 ‘‘(3) The criminal justice agency providing the crimi25 nal history record information through such systems may
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1 not limit disclosure on the basis that the repository is

2 accessed from outside the State.

3 ‘‘(4) Information provided through such systems shall

4 be the full and complete criminal history record.

5 ‘‘(5) Criminal justice agencies shall accept and re6 spond to requests for criminal history record information

7 through such systems with printed or photocopied records

8 when requested.’’.

9 SEC. 1058. SENSE OF CONGRESS ON THE NAMING OF THE

10 CVN–77 AIRCRAFT CARRIER.

11 (a) FINDINGS.—Congress makes the following find12 ings:

13 (1) Over the last three decades Congress has

14 authorized and appropriated funds for a total of 10

15 ‘‘NIMITZ’’ class aircraft carriers.

16 (2) The last vessel in the ‘‘NIMITZ’’ class of

17 aircraft carriers, CVN–77, is currently under con18 struction and will be delivered in 2008.

19 (3) The first nine vessels in this class bear the

20 following proud names:

21 (A) U.S.S. Nimitz (CVN–68).

22 (B) U.S.S. Dwight D. Eisenhower (CVN–

23 69).

24 (C) U.S.S. Carl Vinson (CVN–70).

25 (D) U.S.S. Theodore Roosevelt (CVN–71).
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1 (E) U.S.S. Abraham Lincoln (CVN–72).

2 (F) U.S.S. George Washington (CVN–73).

3 (G) U.S.S. John C. Stennis (CVN–74).

4 (H) U.S.S. Harry S. Truman (CVN–75).

5 (I) U.S.S. Ronald Reagan (CVN–76).

6 (4) It is appropriate for Congress to rec7 ommend to the President, as Commander in Chief of

8 the Armed Forces, an appropriate name for the final

9 vessel in the ‘‘NIMITZ’’ class of aircraft carriers.

10 (5) Over the last 25 years the vessels in the

11 ‘‘NIMITZ’’ class of aircraft carriers have served as

12 one of the principal means of United States diplo13 macy and as one of the principal means for the de14 fense of the United States and our allies around the

15 world.

16 (6) The name bestowed upon aircraft carrier

17 CVN–77 should embody the American spirit and

18 provide a lasting symbol of the American commit19 ment to freedom.

20 (7) The name ‘‘Lexington’ has been a symbol of

21 freedom from the first battle of the American Revo22 lution.

23 (8) The two aircraft carriers previously named

24 U.S.S. Lexington (the CV–2 and the CV–16) served
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1 our Nation for 64 years, served in World War II,

2 and earned 13 battle stars.

3 (9) One of those honored vessels, the CV–2,

4 was lost after having given gallant fight at the Bat5 tle of Coral Sea in 1942.

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that the CVN–77 aircraft carrier should be named

8 the ‘‘U.S.S. Lexington’’—

9 (1) in order to honor the men and women who

10 served in the Armed Forces of the United States

11 during World War II, and the incalculable number

12 of United States citizens on the home front during

13 that war, who mobilized in the name of freedom, and

14 who are today respectfully referred to as the ‘‘Great15 est Generation’’; and

16 (2) as a special tribute to the 16,000,000 vet17 erans of the Armed Forces who served on land, sea,

18 and air during World War II (of whom less than

19 6,000,000 remain alive today) and a lasting symbol

20 of their commitment to freedom as they pass on hav21 ing proudly taken their place in history.

22 SEC. 1059. DONATION OF CIVIL WAR CANNON.

23 (a) AUTHORITY.—The Secretary of the Army shall

24 convey all right, title, and interest of the United States

25 in and to the Civil War era cannon described in subsection
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1 (b) to the Edward Dorr Tracey, Jr. Camp 18 of the Sons

2 of the Confederate Veterans.

3 (b) PROPERTY TO BE CONVEYED.—The cannon re4 ferred to in subsection (a) is a 12-pounder Napoleon can5 non bearing the following markings:

6 (1) On the top: ‘‘CS’’.

7 (2) On the face of the muzzle: ‘‘Macon Arsenal,

8 1864/No.41/1164 ET’’.

9 (3) On the right trunnion: ‘‘Macon Arsenal

10 GEO/1864/No.41/WT.1164/E.T.’’.

11 (c) CONSIDERATION.—No consideration may be re12 quired by the Secretary for the conveyance of the cannon

13 under this section.

14 (d) ADDITIONAL TERMS AND CONDITIONS.—The

15 Secretary may require such additional terms and condi16 tions in connection with the conveyance under this section

17 as the Secretary considers appropriate to protect the inter18 ests of the United States.

19 (e) RELATIONSHIP TO OTHER LAW.—The convey20 ance required under this section may be carried out with21 out regard to the Act entitled ‘‘An Act for the preservation

22 of American antiquities’’, approved June 8, 1906 (34 Stat.

23 225; 16 U.S.C. 431 et seq.), popularly referred to as the

24 ‘‘Antiquities Act of 1906’’.
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1 SEC. 1060. MAXIMUM SIZE OF PARCEL POST PACKAGES

2 TRANSPORTED OVERSEAS FOR ARMED

3 FORCES POST OFFICES.

4 Section 3401(b) of title 39, United States Code, is

5 amended by striking ‘‘100 inches in length and girth com6 bined’’ in paragraphs (2) and (3) and inserting ‘‘the max7 imum size allowed by the Postal Service for fourth class

8 parcel post (known as ‘Standard Mail (B)’ ’’.

9 SEC. 1061. AEROSPACE INDUSTRY BLUE RIBBON COMMIS10 SION.

11 (a) FINDINGS.—Congress makes the following find12 ings:

13 (1) The United States aerospace industry, com14 posed of manufacturers of commercial, military, and

15 business aircraft, helicopters, aircraft engines, mis16 siles, spacecraft, materials, and related components

17 and equipment, has a unique role in the economic

18 and national security of our Nation.

19 (2) In 1999, the aerospace industry continued

20 to produce, at $37,000,000,000, the largest trade

21 surplus of any industry in the United States econ22 omy.

23 (3) The United States aerospace industry em24 ploys 800,000 Americans in highly skilled positions

25 associated with manufacturing aerospace products.
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1 (4) United States aerospace technology is pre2 eminent in the global marketplace for both defense

3 and commercial products.

4 (5) History since World War I has dem5 onstrated that a superior aerospace capability usu6 ally determines victory in military operations and

7 that a robust, technically innovative aerospace capa8 bility will be essential for maintaining United States

9 military superiority in the 21st century.

10 (6) Federal Government policies concerning in11 vestment in aerospace research and development and

12 procurement, controls on the export of services and

13 goods containing advanced technologies, and other

14 aspects of the Government-industry relationship will

15 have a critical impact on the ability of the United

16 States aerospace industry to retain its position of

17 global leadership.

18 (7) Recent trends in investment in aerospace

19 research and development, in changes in global aero20 space market share, and in the development of com21 petitive, non-United States aerospace industries

22 could undermine the future role of the United States

23 aerospace industry in the national economy and in

24 the security of the Nation.
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1 (8) Because the United States aerospace indus2 try stands at an historical crossroads, it is advisable

3 for the President and Congress to appoint a blue

4 ribbon commission to assess the future of the indus5 try and to make recommendations for Federal Gov6 ernment actions to ensure United States pre7 eminence in aerospace in the 21st century.

8 (b) ESTABLISHMENT.—There is established a Blue

9 Ribbon Commission on the Future of the United States

10 Aerospace Industry.

11 (c) MEMBERSHIP.—(1) The Commission shall be

12 composed of 12 members appointed, not later than March

13 1, 2001, as follows:

14 (A) Up to 6 members appointed by the Presi15 dent.

16 (B) Two members appointed by the Majority

17 Leader of the Senate.

18 (C) Two members appointed by the Speaker of

19 the House of Representatives.

20 (D) One member appointed by the Minority

21 Leader of the Senate.

22 (E) One member appointed by the Minority

23 Leader of the House of Representatives.

24 (2) The members of the Commission shall be ap25 pointed from among—
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1 (A) persons with extensive experience and na2 tional reputations in aerospace manufacturing, eco3 nomics, finance, national security, international

4 trade or foreign policy; and

5 (B) persons who are representative of labor or6 ganizations associated with the aerospace industry.

7 (3) Members shall be appointed for the life of the

8 Commission. Any vacancy in the Commission shall not af9 fect its powers, but shall be filled in the same manner as

10 the original appointment.

11 (4) The President shall designate one member of the

12 Commission to serve as the Chairman.

13 (5) The Commission shall meet at the call of the

14 Chairman. A majority of the members shall constitute a

15 quorum, but a lesser number may hold hearings for the

16 Commission.

17 (d) DUTIES.—(1) The Commission shall—

18 (A) study the issues associated with the future

19 of the United States aerospace industry in the global

20 economy, particularly in relationship to United

21 States national security; and

22 (B) assess the future importance of the domes23 tic aerospace industry for the economic and national

24 security of the United States.
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1 (2) In order to fulfill its responsibilities, the Commis2 sion shall study the following:

3 (A) The budget process of the Federal Govern4 ment, particularly with a view to assessing the ade5 quacy of projected budgets of the Federal Govern6 ment agencies for aerospace research and develop7 ment and procurement.

8 (B) The acquisition process of the Federal Gov9 ernment, particularly with a view to assessing—

10 (i) the adequacy of the current acquisition

11 process of Federal agencies; and

12 (ii) the procedures for developing and field13 ing aerospace systems incorporating new tech14 nologies in a timely fashion.

15 (C) The policies, procedures, and methods for

16 the financing and payment of government contracts.

17 (D) Statutes and regulations governing inter18 national trade and the export of technology, particu19 larly with a view to assessing—

20 (i) the extent to which the current system

21 for controlling the export of aerospace goods,

22 services, and technologies reflects an adequate

23 balance between the need to protect national se24 curity and the need to ensure unhindered access

25 to the global marketplace; and
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1 (ii) the adequacy of United States and

2 multilateral trade laws and policies for main3 taining the international competitiveness of the

4 United States aerospace industry.

5 (E) Policies governing taxation, particularly

6 with a view to assessing the impact of current tax

7 laws and practices on the international competitive8 ness of the aerospace industry.

9 (F) Programs for the maintenance of the na10 tional space launch infrastructure, particularly with

11 a view to assessing the adequacy of current and pro12 jected programs for maintaining the national space

13 launch infrastructure.

14 (G) Programs for the support of science and

15 engineering education, including current programs

16 for supporting aerospace science and engineering ef17 forts at institutions of higher learning, with a view

18 to determining the adequacy of those programs.

19 (e) REPORT.—(1) Not later than March 1, 2002, the

20 Commission shall submit a report on its activities to the

21 President and Congress.

22 (2) The report shall include the following:

23 (A) The Commission’s findings and conclusions.

24 (B) Recommendations for actions by Federal

25 Government agencies to support the maintenance of
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1 a robust aerospace industry in the United States in

2 the 21st century.

3 (C) A discussion of the appropriate means for

4 implementing the recommendations.

5 (f) IMPLEMENTATION OF RECOMMENDATIONS.—The

6 heads of the executive agencies of the Federal Government

7 having responsibility for matters covered by recommenda8 tions of the Commission shall consider the implementation

9 of those recommendations in accordance with regular ad10 ministrative procedures. The Director of the Office of

11 Management and Budget shall coordinate the consider12 ation of the recommendations among the heads of those

13 agencies.

14 (g) ADMINISTRATIVE REQUIREMENTS AND AUTHORI15 TIES.—(1) The Director of the Office of Management and

16 Budget shall ensure that the Commission is provided such

17 administrative services, facilities, staff, and other support

18 services as may be necessary. Any expenses of the Com19 mission shall be paid from funds available to the Director.

20 (2) The Commission may hold hearings, sit and act

21 at times and places, take testimony, and receive evidence

22 that the Commission considers advisable to carry out the

23 purposes of this Act.

24 (3) The Commission may secure directly from any de25 partment or agency of the Federal Government any infor-
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1 mation that the Commission considers necessary to carry

2 out the provisions of this Act. Upon the request of the

3 Chairman of the Commission, the head of such depart4 ment or agency shall furnish such information to the Com5 mission.

6 (4) The Commission may use the United States mails

7 in the same manner and under the same conditions as

8 other departments and agencies of the Federal Govern9 ment.

10 (5) The Commission is an advisory committee for the

11 purposes of the Federal Advisory Committee Act (5

12 U.S.C. App. 2).

13 (h) COMMISSION PERSONNEL MATTERS.—(1) Mem14 bers of the Commission shall serve without additional com15 pensation for their service on the Commission, except that

16 members appointed from among private citizens may be

17 allowed travel expenses, including per diem in lieu of sub18 sistence, as authorized by law for persons serving intermit19 tently in government service under subchapter I of chapter

20 57 of title 5, United States Code, while away from their

21 homes and places of business in the performance of serv22 ices for the Commission.

23 (2) The Chairman of the Commission may, without

24 regard to the civil service laws and regulations, appoint

25 and terminate any staff that may be necessary to enable
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1 the Commission to perform its duties. The employment of

2 a head of staff shall be subject to confirmation by the

3 Commission. The Chairman may fix the compensation of

4 the staff personnel without regard to the provisions of

5 chapter 51 and subchapter III of chapter 53 of title 5,

6 United States Code, relating to classification of positions

7 and General Schedule pay rates, except that the rates of

8 pay fixed by the Chairman shall be in compliance with the

9 guidelines prescribed under section 7(d) of the Federal

10 Advisory Committee Act.

11 (3) Any Federal Government employee may be de12 tailed to the Commission without reimbursement. Any

13 such detail shall be without interruption or loss of civil

14 status or privilege.

15 (4) The Chairman may procure temporary and inter16 mittent services under section 3109(b) of title 5, United

17 States Code, at rates for individuals that do not exceed

18 the daily equivalent of the annual rate of basic pay pre19 scribed for level V of the Executive Schedule under section

20 5316 of such title.

21 (i) TERMINATION.—The Commission shall terminate

22 30 days after the submission of the report under sub23 section (e).
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1 SEC. 1062. REPORT TO CONGRESS REGARDING EXTENT

2 AND SEVERITY OF CHILD POVERTY.

3 (a) IN GENERAL.—Not later than June 1, 2001 and

4 prior to any reauthorization of the temporary assistance

5 to needy families program under part A of title IV of the

6 Social Security Act (42 U.S.C. 601 et seq.) for any fiscal

7 year after fiscal year 2002, the Secretary of Health and

8 Human Services (in this section referred to as the ‘‘Sec9 retary’’) shall report to Congress on the extent and sever10 ity of child poverty in the United States. Such report shall,

11 at a minimum—

12 (1) determine for the period since the enact13 ment of the Personal Responsibility and Work Op14 portunity Reconciliation Act of 1996 (Public Law

15 104–193; 110 Stat. 2105)—

16 (A) whether the rate of child poverty in the

17 United States has increased;

18 (B) whether the children who live in pov19 erty in the United States have gotten poorer;

20 and

21 (C) how changes in the availability of cash

22 and non-cash benefits to poor families have af23 fected child poverty in the United States;

24 (2) identify alternative methods for defining

25 child poverty that are based on consideration of fac26 tors other than family income and resources, includ-
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1 ing consideration of a family’s work-related ex2 penses; and

3 (3) contain multiple measures of child poverty

4 in the United States that may include the child pov5 erty gap and the extreme poverty rate.

6 (b) LEGISLATIVE PROPOSAL.—If the Secretary deter7 mines that during the period since the enactment of the

8 Personal Responsibility and Work Opportunity Reconcili9 ation Act of 1996 (Public Law 104–193; 110 Stat. 2105)

10 the extent or severity of child poverty in the United States

11 has increased to any extent, the Secretary shall include

12 with the report to Congress required under subsection (a)

13 a legislative proposal addressing the factors that led to

14 such increase.

15 SEC. 1063. IMPROVING PROPERTY MANAGEMENT.

16 (a) IN GENERAL.—Section 203(p)(1)(B)(ii) of the

17 Federal Property and Administrative Services Act of 1949

18 (40 U.S.C. 484(p)(1)(B)(ii)) is amended by striking ‘‘July

19 31, 2000’’ and inserting ‘‘December 31, 2002’’.

20 (b) CONFORMING AMENDMENT.—Section 233 of Ap21 pendix E of Public Law 106–113 (113 Stat. 1501A–301)

22 is repealed.
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1 SEC. 1064. SENSE OF THE SENATE REGARDING TAX TREAT2 MENT OF MEMBERS RECEIVING SPECIAL

3 PAY.

4 It is the sense of the Senate that members of the

5 Armed Forces who receive special pay for duty subject to

6 hostile fire or imminent danger (37 U.S.C. 310) should

7 receive the same tax treatment as members serving in

8 combat zones.

9 SEC. 1065. DEPARTMENT OF DEFENSE PROCESS FOR DECI10 SIONMAKING IN CASES OF FALSE CLAIMS.

11 Not later than February 1, 2001, the Secretary of

12 Defense shall submit to Congress a report describing the

13 policies and procedures for Department of Defense deci14 sionmaking on issues arising under sections 3729 through

15 3733 of title 31, United States Code, in cases of claims

16 submitted to the Department of Defense that are sus17 pected or alleged to be false. The report shall include a

18 discussion of any changes that have been made in the poli19 cies and procedures since January 1, 2000.

20 SEC. 1066. SENSE OF THE SENATE CONCERNING LONG21 TERM ECONOMIC DEVELOPMENT AID FOR

22 COMMUNITIES REBUILDING FROM HURRI23 CANE FLOYD.

24 (a) FINDINGS.—The Senate finds that—
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1 (1) during September 1999, Hurricane Floyd

2 ran a path of destruction along the entire eastern

3 seaboard from Florida to Maine;

4 (2) Hurricane Floyd was the most destructive

5 natural disaster in the history of the State of North

6 Carolina and most costly natural disaster in the his7 tory of the State of New Jersey;

8 (3) the Federal Emergency Management Agen9 cy declared Hurricane Floyd the eighth worst nat10 ural disaster of the past decade;

11 (4) although the Federal Emergency Manage12 ment Agency coordinates the Federal response to

13 natural disasters that exceed the capabilities of

14 State and local governments and assists commu15 nities to recover from those disasters, the Federal

16 Emergency Management Agency is not equipped to

17 provide long-term economic recovery assistance;

18 (5) it has been 9 months since Hurricane Floyd

19 and the Nation has hundreds of communities that

20 have yet to recover from the devastation caused by

21 that disaster;

22 (6) in the past, Congress has responded to nat23 ural disasters by providing additional economic com24 munity development assistance to communities re25 covering from those disasters, including
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1 $250,000,000 for Hurricane Georges in 1998,

2 $552,000,000 for Red River Valley floods in North

3 Dakota in 1997, $25,000,000 for Hurricanes Fran

4 and Hortense in 1996, and $725,000,000 for the

5 Northridge Earthquake in California in 1994;

6 (7) additional assistance provided by Congress

7 to communities recovering from natural disasters

8 has been in the form of community development

9 block grants administered by the Department of

10 Housing and Urban Development;

11 (8) communities affected by Hurricane Floyd

12 are facing similar recovery needs as have victims of

13 other natural disasters and will need long-term eco14 nomic recovery plans to make them strong again;

15 and

16 (9) on April 7, 2000, the Senate passed amend17 ment number 3001 to S. Con. Res. 101, which

18 amendment would allocate $250,000,000 in long19 term economic development aid to assist commu20 nities rebuilding from Hurricane Floyd, including

21 $150,000,000 in community development block

22 grant funding and $50,000,000 in rural facilities

23 grant funding.

24 (b) SENSE OF THE SENATE.—It is the sense of the

25 Senate that—
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1 (1) communities devastated by Hurricane Floyd

2 should know that, in the past, Congress has re3 sponded to natural disasters by demonstrating a

4 commitment to helping affected States and commu5 nities to recover;

6 (2) the Federal response to natural disasters

7 has traditionally been quick, supportive, and appro8 priate;

9 (3) recognizing that communities devastated by

10 Hurricane Floyd are facing tremendous challenges

11 as they begin their recovery, the Federal agencies

12 that administer community and regional develop13 ment programs should expect an increase in applica14 tions and other requests from these communities;

15 (4) community development block grants ad16 ministered by the Department of Housing and

17 Urban Development, grant programs administered

18 by the Economic Development Administration, and

19 the Community Facilities Grant Program adminis20 tered by the Department of Agriculture are re21 sources that communities have used to accomplish

22 revitalization and economic development following

23 natural disasters; and

24 (5) additional community and regional develop25 ment funding, as provided for in amendment number
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1 3001 to S. Con. Res. 101, as passed by the Senate

2 on April 7, 2000, should be appropriated to assist

3 communities in need of long-term economic develop4 ment aid as a result of damage suffered by Hurri5 cane Floyd.

6 SEC. 1067. AUTHORITY TO PROVIDE HEADSTONES OR

7 MARKERS FOR MARKED GRAVES OR OTHER8 WISE COMMEMORATE CERTAIN INDIVIDUALS.

9 (a) IN GENERAL.—Section 2306 of title 38, United

10 States Code, is amended—

11 (1) in subsections (a) and (e)(1), by striking

12 ‘‘the unmarked graves of’’; and

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

14 ‘‘(f) A headstone or marker furnished under sub15 section (a) shall be furnished, upon request, for the

16 marked grave or unmarked grave of the individual or at

17 another area appropriate for the purpose of commemo18 rating the individual.’’.

19 (b) APPLICABILITY.—(1) Except as provided in para20 graph (2), the amendment to subsection (a) of section

21 2306 of title 38, United States Code, made by subsection

22 (a) of this section, and subsection (f) of such section 2306,

23 as added by subsection (a) of this section, shall apply with

24 respect to burials occurring before, on, or after the date

25 of the enactment of this Act.
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1 (2) The amendments referred to in paragraph (1)

2 shall not apply in the case of the grave for any individual

3 who died before November 1, 1990, for which the Admin4 istrator of Veterans’ Affairs provided reimbursement in

5 lieu of furnishing a headstone or marker under subsection

6 (d) of section 906 of title 38, United States Code, as such

7 subsection was in effect after September 30, 1978, and

8 before November 1, 1990.

9 SEC. 1068. COMPREHENSIVE STUDY AND SUPPORT FOR

10 CRIMINAL INVESTIGATIONS AND PROSECU11 TIONS BY STATE AND LOCAL LAW ENFORCE12 MENT OFFICIALS.

13 (a) STUDIES.—

14 (1) COLLECTION OF DATA.—

15 (A) DEFINITION OF RELEVANT OF16 FENSE.—In this paragraph, the term ‘‘relevant

17 offense’’ means a crime described in subsection

18 (b)(1) of the first section of Public Law 101–

19 275 (28 U.S.C. 534 note) and a crime that

20 manifests evidence of prejudice based on gender

21 or age.

22 (B) COLLECTION FROM CROSS-SECTION OF

23 STATES.—Not later than 120 days after the

24 date of enactment of this Act, the Comptroller

25 General of the United States, in consultation
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1 with the National Governors’ Association, shall

2 select 10 jurisdictions with laws classifying cer3 tain types of offenses as relevant offenses and

4 10 jurisdictions without such laws from which

5 to collect the data described in subparagraph

6 (C) over a 12-month period.

7 (C) DATA TO BE COLLECTED.—The data

8 described in this paragraph are—

9 (i) the number of relevant offenses

10 that are reported and investigated in the

11 jurisdiction;

12 (ii) the percentage of relevant offenses

13 that are prosecuted and the percentage

14 that result in conviction;

15 (iii) the duration of the sentences im16 posed for crimes classified as relevant of17 fenses in the jurisdiction, compared with

18 the length of sentences imposed for similar

19 crimes committed in jurisdictions with no

20 laws relating to relevant offenses; and

21 (iv) references to and descriptions of

22 the laws under which the offenders were

23 punished.

24 (D) COSTS.—Participating jurisdictions

25 shall be reimbursed for the reasonable and nec-
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1 essary costs of compiling data collected under

2 this paragraph.

3 (2) STUDY OF RELEVANT OFFENSE ACTIVITY.—

4 (A) IN GENERAL.—Not later than 18

5 months after the date of enactment of this Act,

6 the Comptroller General of the United States

7 shall complete a study and submit to Congress

8 a report that analyzes the data collected under

9 paragraph (1) and under section 534 of title

10 28, United States Code, to determine the extent

11 of relevant offense activity throughout the

12 United States and the success of State and

13 local officials in combating that activity.

14 (B) IDENTIFICATION OF TRENDS.—In the

15 study conducted under subparagraph (A), the

16 Comptroller General of the United States shall

17 identify any trends in the commission of rel18 evant offenses specifically by—

19 (i) geographic region;

20 (ii) type of crime committed; and

21 (iii) the number and percentage of rel22 evant offenses that are prosecuted and the

23 number for which convictions are obtained.

24 (b) ASSISTANCE OTHER THAN FINANCIAL ASSIST25 ANCE.—At the request of a law enforcement official of a
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1 State or a political subdivision of a State, the Attorney

2 General, acting through the Director of the Federal Bu3 reau of Investigation and in cases where the Attorney

4 General determines special circumstances exist, may pro5 vide technical, forensic, prosecutorial, or any other assist6 ance in the criminal investigation or prosecution of any

7 crime that—

8 (1) constitutes a crime of violence (as defined

9 in section 16 of title 18, United States Code);

10 (2) constitutes a felony under the laws of the

11 State; and

12 (3) is motivated by animus against the victim

13 by reason of the membership of the victim in a par14 ticular class or group.

15 (c) GRANTS.—

16 (1) IN GENERAL.—The Attorney General may,

17 in cases where the Attorney General determines spe18 cial circumstances exist, make grants to States and

19 local subdivisions of States to assist those entities in

20 the investigation and prosecution of crimes moti21 vated by animus against the victim by reason of the

22 membership of the victim in a particular class or

23 group.
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1 (2) ELIGIBILITY.—A State or political subdivi2 sion of a State applying for assistance under this

3 subsection shall—

4 (A) describe the purposes for which the

5 grant is needed; and

6 (B) certify that the State or political sub7 division lacks the resources necessary to inves8 tigate or prosecute a crime motivated by ani9 mus against the victim by reason of the mem10 bership of the victim in a particular class or

11 group.

12 (3) DEADLINE.—An application for a grant

13 under this subsection shall be approved or dis14 approved by the Attorney General not later than 10

15 days after the application is submitted.

16 (4) GRANT AMOUNT.—A grant under this sub17 section shall not exceed $100,000 for any single

18 case.

19 (5) REPORT AND AUDIT.—Not later than De20 cember 31, 2001, the Attorney General, in consulta21 tion with the National Governors’ Association,

22 shall—

23 (A) submit to Congress a report describing

24 the applications made for grants under this
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1 subsection, the award of such grants, and the

2 effectiveness of the grant funds awarded; and

3 (B) conduct an audit of the grants award4 ed under this subsection to ensure that such

5 grants are used for the purposes provided in

6 this subsection.

7 (6) AUTHORIZATION OF APPROPRIATIONS.—

8 There is authorized to be appropriated $5,000,000

9 for each of the fiscal years 2001 and 2002 to carry

10 out this section.

11 SEC. 1069. STUDENT LOAN REPAYMENT PROGRAMS.

12 (a) STUDENT LOANS.—Section 5379(a)(1)(B) of title

13 5, United States Code, is amended—

14 (1) in clause (i), by inserting ‘‘(20 U.S.C. 1071

15 et seq.)’’ before the semicolon;

16 (2) in clause (ii), by striking ‘‘part E of title IV

17 of the Higher Education Act of 1965’’ and inserting

18 ‘‘part D or E of title IV of the Higher Education

19 Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et

20 seq.)’’; and

21 (3) in clause (iii), by striking ‘‘part C of title

22 VII of Public Health Service Act or under part B

23 of title VIII of such Act’’ and inserting ‘‘part A of

24 title VII of the Public Health Service Act (42 U.S.C.
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1 292 et seq.) or under part E of title VIII of such

2 Act (42 U.S.C. 297a et seq.)’’.

3 (b) PERSONNEL COVERED.—

4 (1) INELIGIBLE PERSONNEL.—Section

5 5379(a)(2) of title 5, United States Code, is amend6 ed to read as follows:

7 ‘‘(2) An employee shall be ineligible for benefits under

8 this section if the employee occupies a position that is ex9 cepted from the competitive service because of its con10 fidential, policy-determining, policy-making, or policy-ad11 vocating character.’’.

12 (2) PERSONNEL RECRUITED OR RETAINED.—

13 Section 5379(b)(1) of title 5, United States Code, is

14 amended by striking ‘‘professional, technical, or ad15 ministrative’’.

16 (c) REGULATIONS.—

17 (1) PROPOSED REGULATIONS.—Not later than

18 60 days after the date of enactment of this Act, the

19 Director of the Office of Personnel Management (re20 ferred to in this section as the ‘‘Director’’) shall

21 issue proposed regulations under section 5379(g) of

22 title 5, United States Code. The Director shall pro23 vide for a period of not less than 60 days for public

24 comment on the regulations.
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1 (2) FINAL REGULATIONS.—Not later than 240

2 days after the date of enactment of this Act, the Di3 rector shall issue final regulations described in para4 graph (1).

5 (d) ANNUAL REPORTS.—Section 5379 of title 5,

6 United States Code, is amended by adding at the end the

7 following:

8 ‘‘(h)(1) Each head of an agency shall maintain, and

9 annually submit to the Director of the Office of Personnel

10 Management, information with respect to the agency on—

11 ‘‘(A) the number of Federal employees selected

12 to receive benefits under this section;

13 ‘‘(B) the job classifications for the recipients;

14 and

15 ‘‘(C) the cost to the Federal Government of

16 providing the benefits.

17 ‘‘(2) The Director of the Office of Personnel Manage18 ment shall prepare, and annually submit to Congress, a

19 report containing the information submitted under para20 graph (1), and information identifying the agencies that

21 have provided the benefits described in paragraph (1).’’.

22 SEC. 1070. SENSE OF THE SENATE ON THE MODERNIZATION

23 OF AIR NATIONAL GUARD F–16A UNITS.

24 (a) FINDINGS.—Congress finds that:
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1 (1) Certain United States Air Force Air Na2 tional Guard fighter units are flying some of the

3 world’s oldest and least capable F–16A aircraft

4 which are approaching the end of their service lives.

5 (2) The aircraft are generally incompatible with

6 those flown by the active force and therefore cannot

7 be effectively deployed to theaters of operation to

8 support contingencies and to relieve the high oper9 ations tempo of active duty units.

10 (3) The Air Force has specified no plans to re11 place these obsolescent aircraft before the year 2007

12 at the earliest.

13 (b) SENSE OF THE SENATE.—It is the sense of the

14 Senate that in light of these findings the Air Force should,

15 by February 1, 2001, provide the Congress with a plan

16 to modernize and upgrade the combat capabilities of those

17 Air National Guard units that are now flying F–16As so

18 they can deploy as part of Air Expeditionary Forces and

19 assist in relieving the high operations tempo of active duty

20 units.
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1 SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY TO EN2 GAGE IN COMMERCIAL ACTIVITIES AS SECU3 RITY FOR INTELLIGENCE COLLECTION AC4 TIVITIES.

5 Section 431(a) of title 10, United States Code, is

6 amended in the second sentence by striking ‘‘December

7 31, 2000’’ and inserting ‘‘December 31, 2002’’.

8 SEC. 1072. FIREFIGHTER INVESTMENT AND RESPONSE EN9 HANCEMENT.

10 The Federal Fire Prevention and Control Act of 1974

11 (15 U.S.C. 2201 et seq.) is amended by adding at the end

12 the following:

13 ‘‘SEC. 33. FIREFIGHTER INVESTMENT AND RESPONSE EN14 HANCEMENT.

15 ‘‘(a) DEFINITION OF FIREFIGHTING PERSONNEL.—

16 In this section, the term ‘firefighting personnel’ means in17 dividuals, including volunteers, who are firefighters, offi18 cers of fire departments, or emergency medical service per19 sonnel of fire departments.

20 ‘‘(b) ASSISTANCE PROGRAM.—

21 ‘‘(1) AUTHORITY.—In accordance with this sec22 tion, the Director may—

23 ‘‘(A) make grants on a competitive basis to

24 fire departments for the purpose of protecting

25 the health and safety of the public and fire-
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1 fighting personnel against fire and fire-related

2 hazards; and

3 ‘‘(B) provide assistance for fire prevention

4 programs in accordance with paragraph (4).

5 ‘‘(2) ESTABLISHMENT OF OFFICE FOR ADMIN6 ISTRATION OF ASSISTANCE.—Before providing as7 sistance under paragraph (1), the Director shall es8 tablish an office in the Federal Emergency Manage9 ment Agency that shall have the duties of estab10 lishing specific criteria for the selection of recipients

11 of the assistance, and administering the assistance,

12 under this section.

13 ‘‘(3) USE OF FIRE DEPARTMENT GRANT

14 FUNDS.—The Director may make a grant under

15 paragraph (1)(A) only if the applicant for the grant

16 agrees to use the grant funds—

17 ‘‘(A) to hire additional firefighting per18 sonnel;

19 ‘‘(B) to train firefighting personnel in fire20 fighting, emergency response, arson prevention

21 and detection, or the handling of hazardous ma22 terials, or to train firefighting personnel to pro23 vide any of the training described in this sub24 paragraph;
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1 ‘‘(C) to fund the creation of rapid interven2 tion teams to protect firefighting personnel at

3 the scenes of fires and other emergencies;

4 ‘‘(D) to certify fire inspectors;

5 ‘‘(E) to establish wellness and fitness pro6 grams for firefighting personnel to ensure that

7 the firefighting personnel can carry out their

8 duties;

9 ‘‘(F) to fund emergency medical services

10 provided by fire departments;

11 ‘‘(G) to acquire additional firefighting vehi12 cles, including fire trucks;

13 ‘‘(H) to acquire additional firefighting

14 equipment, including equipment for communica15 tions and monitoring;

16 ‘‘(I) to acquire personal protective equip17 ment required for firefighting personnel by the

18 Occupational Safety and Health Administra19 tion, and other personal protective equipment

20 for firefighting personnel;

21 ‘‘(J) to modify fire stations, fire training

22 facilities, and other facilities to protect the

23 health and safety of firefighting personnel;

24 ‘‘(K) to enforce fire codes;

25 ‘‘(L) to fund fire prevention programs; or
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1 ‘‘(M) to educate the public about arson

2 prevention and detection.

3 ‘‘(4) FIRE PREVENTION PROGRAMS.—

4 ‘‘(A) IN GENERAL.—For each fiscal year,

5 the Director shall use not less than 10 percent

6 of the funds made available under subsection

7 (c)—

8 ‘‘(i) to make grants to fire depart9 ments for the purpose described in para10 graph (3)(L); and

11 ‘‘(ii) to make grants to, or enter into

12 contracts or cooperative agreements with,

13 national, State, local, or community orga14 nizations that are recognized for their ex15 perience and expertise with respect to fire

16 prevention or fire safety programs and ac17 tivities, for the purpose of carrying out fire

18 prevention programs.

19 ‘‘(B) PRIORITY.—In selecting organiza20 tions described in subparagraph (A)(ii) to re21 ceive assistance under this paragraph, the Di22 rector shall give priority to organizations that

23 focus on prevention of injuries to children from

24 fire.
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1 ‘‘(5) APPLICATION.—The Director may provide

2 assistance to a fire department or organization

3 under this subsection only if the fire department or

4 organization seeking the assistance submits to the

5 Director an application in such form and containing

6 such information as the Director may require.

7 ‘‘(6) MATCHING REQUIREMENT.—The Director

8 may provide assistance under this subsection only if

9 the applicant for the assistance agrees to match with

10 an equal amount of non-Federal funds 10 percent of

11 the assistance received under this subsection for any

12 fiscal year.

13 ‘‘(7) MAINTENANCE OF EXPENDITURES—The

14 Director may provide assistance under this sub15 section only if the applicant for the assistance agrees

16 to maintain in the fiscal year for which the assist17 ance will be received the applicant’s aggregate ex18 penditures for the uses described in paragraph (3)

19 or (4) at or above the average level of such expendi20 tures in the 2 fiscal years preceding the fiscal year

21 for which the assistance will be received.

22 ‘‘(8) REPORT TO THE DIRECTOR.—The Direc23 tor may provide assistance under this subsection

24 only if the applicant for the assistance agrees to sub25 mit to the Director a report, including a description
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1 of how the assistance was used, with respect to each

2 fiscal year for which the assistance was received.

3 ‘‘(9) VARIETY OF FIRE DEPARTMENT GRANT

4 RECIPIENTS.—The Director shall ensure that grants

5 under paragraph (1)(A) for a fiscal year are made

6 to a variety of fire departments, including, to the ex7 tent that there are eligible applicants—

8 ‘‘(A) paid, volunteer, and combination fire

9 departments;

10 ‘‘(B) fire departments located in commu11 nities of varying sizes; and

12 ‘‘(C) fire departments located in urban,

13 suburban, and rural communities.

14 ‘‘(10) LIMITATION ON EXPENDITURES FOR

15 FIREFIGHTING VEHICLES.—The Director shall en16 sure that not more than 25 percent of the assistance

17 made available under this subsection for a fiscal

18 year is used for the use described in paragraph

19 (3)(G).

20 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

21 ‘‘(1) IN GENERAL.—There are authorized to be

22 appropriated to the Director—

23 ‘‘(A) $100,000,000 for fiscal year 2001;

24 ‘‘(B) $200,000,000 for fiscal year 2002;

25 ‘‘(C) $400,000,000 for fiscal year 2003;
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1 ‘‘(D) $600,000,000 for fiscal year 2004;

2 ‘‘(E) $800,000,000 for fiscal year 2005;

3 and

4 ‘‘(F) $1,000,000,000 for fiscal year 2006.

5 ‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.—

6 Of the amounts made available under paragraph (1)

7 for a fiscal year, the Director may use not more

8 than 10 percent for the administrative costs of car9 rying out this section.’’.

10 SEC. 1073. BREAST CANCER STAMP EXTENSION.

11 Section 414(g) of title 39, United States Code, is

12 amended by striking ‘‘2-year’’ and inserting ‘‘4-year’’.

13 SEC. 1074. PERSONNEL SECURITY POLICIES.

14 No officer or employee of the Department of Defense

15 or any contractor thereof, and no member of the Armed

16 Forces shall be granted a security clearance if that

17 person—

18 (1) has been convicted in any court within the

19 United States of a crime and sentenced to imprison20 ment for a term exceeding 1 year;

21 (2) is an unlawful user of or addicted to any

22 controlled substance (as defined in section 102 of

23 the Controlled Substances Act);

24 (3) is currently mentally incompetent; or
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1 (4) has been discharged from the Armed Forces

2 under dishonorable conditions.

3 SEC. 1075. ADDITIONAL MATTERS FOR ANNUAL REPORT ON

4 TRANSFERS OF MILITARILY SENSITIVE TECH5 NOLOGY TO COUNTRIES AND ENTITIES OF

6 CONCERN.

7 Section 1402(b) of the National Defense Authoriza8 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

9 Stat. 798) is amended by adding at the end the following:

10 ‘‘(4) The status of the implementation or other

11 disposition of recommendations included in reports

12 of audits by Inspectors General that have been set

13 forth in previous annual reports under this section.’’.

14 SEC. 1076. NATIONAL SECURITY IMPLICATIONS OF UNITED

15 STATES-CHINA TRADE RELATIONSHIP.

16 (a) IN GENERAL.—

17 (1) NAME OF COMMISSION.—Section 127(c)(1)

18 of the Trade Deficit Review Commission Act (19

19 U.S.C. 2213 note) is amended by striking ‘‘Trade

20 Deficit Review Commission’’ and inserting ‘‘United

21 States-China Security Review Commission’’.

22 (2) QUALIFICATIONS OF MEMBERS.—Section

23 127(c)(3)(B)(i)(I) of such Act (19 U.S.C. 2213

24 note) is amended by inserting ‘‘national security
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1 matters and United States-China relations,’’ after

2 ‘‘expertise in’’.

3 (3) PERIOD OF APPOINTMENT.—Section

4 127(c)(3)(A) of such Act (19 U.S.C. 2213 note) is

5 amended to read as follows:

6 ‘‘(A) IN GENERAL.—

7 ‘‘(i) APPOINTMENT BEGINNING WITH

8 107th CONGRESS.—Beginning with the

9 107th Congress and each new Congress

10 thereafter, members shall be appointed not

11 later than 30 days after the date on which

12 Congress convenes. Members may be re13 appointed for additional terms of service.

14 ‘‘(ii) TRANSITION.—Members serving

15 on the Commission shall continue to serve

16 until such time as new members are ap17 pointed.’’.

18 (b) PURPOSE.—Section 127(k) of the Trade Deficit

19 Review Commission Act (19 U.S.C. 2213 note) is amend20 ed to read as follows:

21 ‘‘(k) UNITED STATES-CHINA NATIONAL SECURITY

22 IMPLICATIONS.—

23 ‘‘(1) IN GENERAL.—Upon submission of the re24 port described in subsection (e), the Commission

25 shall—
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1 ‘‘(A) wind up the functions of the Trade

2 Deficit Review Commission; and

3 ‘‘(B) monitor, investigate, and report to

4 Congress on the national security implications

5 of the bilateral trade and economic relationship

6 between the United States and the People’s Re7 public of China.

8 ‘‘(2) ANNUAL REPORT.—Not later than March

9 1, 2002, and annually thereafter, the Commission

10 shall submit a report to Congress, in both unclassi11 fied and classified form, regarding the national secu12 rity implications and impact of the bilateral trade

13 and economic relationship between the United States

14 and the People’s Republic of China. The report shall

15 include a full analysis, along with conclusions and

16 recommendations for legislative and administrative

17 actions, of the national security implications for the

18 United States of the trade and current balances with

19 the People’s Republic of China in goods and serv20 ices, financial transactions, and technology transfers.

21 The Commission shall also take into account pat22 terns of trade and transfers through third countries

23 to the extent practicable.
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1 ‘‘(3) CONTENTS OF REPORT.—The report de2 scribed in paragraph (2) shall include, at a min3 imum, a full discussion of the following:

4 ‘‘(A) The portion of trade in goods and

5 services with the United States that the Peo6 ple’s Republic of China dedicates to military

7 systems or systems of a dual nature that could

8 be used for military purposes.

9 ‘‘(B) The acquisition by the Government of

10 the People’s Republic of China and entities con11 trolled by the Government of advanced military

12 technologies through United States trade and

13 technology transfers.

14 ‘‘(C) Any transfers, other than those iden15 tified under subparagraph (B), to the military

16 systems of the People’s Republic of China made

17 by United States firms and United States-based

18 multinational corporations.

19 ‘‘(D) An analysis of the statements and

20 writing of the People’s Republic of China offi21 cials and officially-sanctioned writings that bear

22 on the intentions of the Government of the Peo23 ple’s Republic of China regarding the pursuit of

24 military competition with, and leverage over,
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1 the United States and the Asian allies of the

2 United States.

3 ‘‘(E) The military actions taken by the

4 Government of the People’s Republic of China

5 during the preceding year that bear on the na6 tional security of the United States and the re7 gional stability of the Asian allies of the United

8 States.

9 ‘‘(F) The effects to the national security

10 interests of the United States of the use by the

11 People’s Republic of China of financial trans12 actions, capital flow, and currency manipula13 tions.

14 ‘‘(G) Any action taken by the Government

15 of the People’s Republic of China in the context

16 of the World Trade Organization that is ad17 verse to the United States national security in18 terests.

19 ‘‘(H) Patterns of trade and investment be20 tween the People’s Republic of China and its

21 major trading partners, other than the United

22 States, that appear to be substantively different

23 from trade and investment patterns with the

24 United States and whether the differences con-
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1 stitute a security problem for the United

2 States.

3 ‘‘(I) The extent to which the trade surplus

4 of the People’s Republic of China with the

5 United States enhances the military budget of

6 the People’s Republic of China.

7 ‘‘(J) An overall assessment of the state of

8 the security challenges presented by the Peo9 ple’s Republic of China to the United States

10 and whether the security challenges are increas11 ing or decreasing from previous years.

12 ‘‘(4) RECOMMENDATIONS OF REPORT.—The re13 port described in paragraph (2) shall include rec14 ommendations for action by Congress or the Presi15 dent, or both, including specific recommendations

16 for the United States to invoke Article XXI (relating

17 to security exceptions) of the General Agreement on

18 Tariffs and Trade 1994 with respect to the People’s

19 Republic of China, as a result of any adverse impact

20 on the national security interests of the United

21 States.’’.

22 (c) CONFORMING AMENDMENTS.—

23 (1) HEARINGS.—Section 127(f)(1) of such Act

24 (19 U.S.C. 2213 note) is amended to read as fol25 lows:
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1 ‘‘(1) HEARINGS.—

2 ‘‘(A) IN GENERAL.—The Commission or,

3 at its direction, any panel or member of the

4 Commission, may for the purpose of carrying

5 out the provisions of this Act, hold hearings, sit

6 and act at times and places, take testimony, re7 ceive evidence, and administer oaths to the ex8 tent that the Commission or any panel or mem9 ber considers advisable.

10 ‘‘(B) INFORMATION.—The Commission

11 may secure directly from the Department of

12 Defense, the Central Intelligence Agency, and

13 any other Federal department or agency infor14 mation that the Commission considers nec15 essary to enable the Commission to carry out

16 its responsibilities under this Act, except the

17 provision of intelligence information to the

18 Commission shall be made with due regard for

19 the protection from unauthorized disclosure of

20 classified information relating to sensitive intel21 ligence sources and methods or other exception22 ally sensitive matters, under procedures ap23 proved by the Director of Central Intelligence.

24 ‘‘(C) SECURITY.—The Office of Senate Se25 curity shall—
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1 ‘‘(i) provide classified storage and

2 meeting and hearing spaces, when nec3 essary, for the Commission; and

4 ‘‘(ii) assist members and staff of the

5 Commission in obtaining security clear6 ances.

7 ‘‘(D) SECURITY CLEARANCES.—All mem8 bers of the Commission and appropriate staff

9 shall be sworn and hold appropriate security

10 clearances.’’.

11 (2) CHAIRMAN.—

12 (A) Section 127(c)(6) of such Act (19

13 U.S.C. 2213 note) is amended by striking

14 ‘‘Chairperson’’ and inserting ‘‘Chairman’’.

15 (B) Section 127(g) of such Act (19 U.S.C.

16 2213 note) is amended by striking ‘‘Chair17 person’’ each place it appears and inserting

18 ‘‘Chairman’’.

19 (3) CHAIRMAN AND VICE CHAIRMAN.—Section

20 127(c)(7) of such Act (19 U.S.C. 2213 note) is

21 amended—

22 (A) by striking ‘‘CHAIRPERSON AND VICE

23 CHAIRPERSON’’ in the heading and inserting

24 ‘‘CHAIRMAN AND VICE CHAIRMAN’’;
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1 (B) by striking ‘‘chairperson’’ and ‘‘vice

2 chairperson’’ in the text and inserting ‘‘Chair3 man’’ and ‘‘Vice Chairman’’; and

4 (C) by inserting ‘‘at the beginning of each

5 new Congress’’ before the end period.

6 (d) APPROPRIATIONS.—Section 127(i) of such Act

7 (19 U.S.C. 2213 note) is amended to read as follows:

8 ‘‘(i) AUTHORIZATION.—

9 ‘‘(1) IN GENERAL.—There are authorized to be

10 appropriated to the Commission for fiscal year 2001,

11 and each fiscal year thereafter, such sums as may

12 be necessary to enable it to carry out its functions.

13 Appropriations to the Commission are authorized to

14 remain available until expended. Unobligated bal15 ances of appropriations made to the Trade Deficit

16 Review Commission before the effective date of this

17 subsection shall remain available to the Commission

18 on and after such date.

19 ‘‘(2) FOREIGN TRAVEL FOR OFFICIAL PUR20 POSES.—Foreign travel for official purposes by

21 members and staff of the Commission may be au22 thorized by either the Chairman or the Vice Chair23 man.’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the first day of the 107th

3 Congress.

4 SEC. 1077. SECRECY POLICIES AND WORKER HEALTH.

5 (a) REVIEW OF SECRECY POLICIES.—The Secretary

6 of Defense in consultation with the Secretary of Energy

7 shall review classification and security policies and, within

8 appropriate national security constraints, ensure that such

9 policies do not prevent or discourage employees at former

10 nuclear weapons facilities who may have been exposed to

11 radioactive or other hazardous substances associated with

12 nuclear weapons from discussing such exposures with ap13 propriate health care providers and with other appropriate

14 officials. The policies reviewed should include the policy

15 to neither confirm nor deny the presence of nuclear weap16 ons as it is applied to former United States nuclear weap17 ons facilities that no longer contain nuclear weapons or

18 materials.

19 (b) NOTIFICATION OF AFFECTED EMPLOYEES.—(1)

20 The Secretary of Defense in consultation with the Sec21 retary of Energy shall seek to identify individuals who are

22 or were employed at Department of Defense sites that no

23 longer store, assemble, disassemble, or maintain nuclear

24 weapons.
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1 (2) Upon determination that such employees may

2 have been exposed to radioactive or hazardous substances

3 associated with nuclear weapons at such sites, such em4 ployees shall be notified of any such exposures to radi5 ation, or hazardous substances associated with nuclear

6 weapons.

7 (3) Such notification shall include an explanation of

8 how such employees can discuss any such exposures with

9 health care providers who do not possess security clear10 ances without violating security or classification proce11 dures or, if necessary, provide guidance to facilitate the

12 ability of such individuals to contact health care providers

13 with appropriate security clearances or discuss such expo14 sures with other officials who are determined by the Sec15 retary of Defense to be appropriate.

16 (c) The Secretary of Defense in consultation with the

17 Secretary of Energy shall, no later than May 1, 2001, sub18 mit a report to the Congressional Defense Committees set19 ting forth—

20 (1) the results of the review in paragraph (a)

21 including any changes made or recommendations for

22 legislation; and

23 (2) the status of the notification in paragraph

24 (b) and an anticipated date on which such notifica25 tion will be completed.
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1 TITLE XI—DEPARTMENT OF DE2 FENSE CIVILIAN PERSONNEL

3 POLICY

4 SEC. 1101. COMPUTER/ELECTRONIC ACCOMMODATIONS

5 PROGRAM.

6 (a) AUTHORITY TO EXPAND PROGRAM.—(1) Chapter

7 81 of title 10, United States Code, is amended by inserting

8 after section 1581 the following:

9 ‘‘§ 1582. Assistive technology, assistive technology de10 vices, and assistive technology services

11 ‘‘(a) AUTHORITY.—The Secretary of Defense may

12 provide assistive technology, assistive technology devices,

13 and assistive technology services to the following:

14 ‘‘(1) Department of Defense employees with

15 disabilities.

16 ‘‘(2) Organizations within the department that

17 have requirements to make programs or facilities ac18 cessible to and usable by persons with disabilities.

19 ‘‘(3) Any other department or agency of the

20 Federal Government, upon the request of the head

21 of that department or agency, for its employees with

22 disabilities or for satisfying a requirement to make

23 its programs or facilities accessible to and usable by

24 persons with disabilities.
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1 ‘‘(b) DEFINITIONS.—In this section, the terms ‘as2 sistive technology’, ‘assistive technology device’, ‘assistive

3 technology service’, and ‘disability’ have the meanings

4 given the terms in section 3 of the Assistive Technology

5 Act of 1998 (29 U.S.C. 3002).’’.

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

7 chapter is amended by inserting after the item relating

8 to section 1581 the following:

‘‘1582. Assistive technology, assistive technology devices, and assistive technology services.’’.

9 (b) FUNDING.—Of the amount authorized to be ap10 propriated under section 301(5) for operation and mainte11 nance for Defense-wide activities, not more than

12 $2,000,000 is available for the purpose of expanding and

13 administering the Computer/Electronic Accommodation

14 Program of the Department of Defense to provide under

15 section 1582 of title 10, United States Code (as added

16 by subsection (a)), the technology, devices, and services

17 described in that section.

18 SEC. 1102. ADDITIONAL SPECIAL PAY FOR FOREIGN LAN19 GUAGE PROFICIENCY BENEFICIAL FOR

20 UNITED STATES NATIONAL SECURITY INTER21 ESTS.

22 (a) IN GENERAL.—Chapter 81 of title 10, United

23 States Code, is amended by inserting after section 1596

24 the following new section:
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1 ‘‘§ 1596a. Foreign language proficiency: special pay

2 for proficiency beneficial for other na3 tional security interests

4 ‘‘(a) AUTHORITY.—The Secretary of Defense may

5 pay special pay under this section to an employee of the

6 Department of Defense who—

7 ‘‘(1) has been certified by the Secretary to be

8 proficient in a foreign language identified by the

9 Secretary as being a language in which proficiency

10 by civilian personnel of the department is necessary

11 because of national security interests;

12 ‘‘(2) is assigned duties requiring proficiency in

13 that foreign language; and

14 ‘‘(3) is not receiving special pay under section

15 1596 of this title.

16 ‘‘(b) RATE.—The rate of special pay for an employee

17 under this section shall be prescribed by the Secretary,

18 but may not exceed five percent of the employee’s rate of

19 basic pay.

20 ‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOW21 ANCES.—Special pay under this section is in addition to

22 any other pay or allowances to which the employee is enti23 tled.

24 ‘‘(d) REGULATIONS.—The Secretary of Defense shall

25 prescribe regulations to carry out this section.’’.
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1 (b) AMENDMENT TO DISTINGUISH OTHER FOREIGN

2 LANGUAGE PROFICIENCY SPECIAL PAY.—The heading for

3 section 1596 of title 10, United States Code, is amended

4 to read as follows:

5 ‘‘§ 1596. Foreign language proficiency: special pay for

6 proficiency beneficial for intelligence in7 terests’’.

8 (c) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of chapter 81 of such title is amended

10 by striking the item relating to section 1596 and inserting

11 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.’’.

12 SEC. 1103. INCREASED NUMBER OF POSITIONS AUTHOR13 IZED FOR THE DEFENSE INTELLIGENCE SEN14 IOR EXECUTIVE SERVICE.

15 Section 1606(a) of title 10, United States Code, is

16 amended by striking ‘‘492’’ and inserting ‘‘517’’.

17 SEC. 1104. EXTENSION OF AUTHORITY FOR TUITION REIM18 BURSEMENT AND TRAINING FOR CIVILIAN

19 EMPLOYEES IN THE DEFENSE ACQUISITION

20 WORKFORCE.

21 Section 1745(a) of title 10, United States Code, is

22 amended by striking ‘‘September 30, 2001’’ in the second

23 sentence and inserting ‘‘September 30, 2010’’.
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1 SEC. 1105. WORK SAFETY DEMONSTRATION PROGRAM.

2 (a) ESTABLISHMENT.—The Secretary of Defense

3 shall carry out a defense employees work safety dem4 onstration program.

5 (b) PRIVATE SECTOR WORK SAFETY MODELS.—

6 Under the demonstration program, the Secretary shall—

7 (1) adopt for use in the workplace of employees

8 of the Department of Defense such work safety mod9 els used by employers in the private sector that the

10 Secretary considers as being representative of the

11 best work safety practices in use by private sector

12 employers; and

13 (2) determine whether the use of those prac14 tices in the Department of Defense improves the

15 work safety record of Department of Defense em16 ployees.

17 (c) SITES.—(1) The Secretary shall carry out the

18 demonstration program—

19 (A) at not fewer than two installations of each

20 of the Armed Forces (other than the Coast Guard),

21 for employees of the military department concerned;

22 and

23 (B) in at least two Defense Agencies (as de24 fined in section 101(a)(11) of title 10, United States

25 Code).
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1 (2) The Secretary shall select the installations and

2 Defense Agencies from among the installations and De3 fense Agencies listed in the Federal Worker 2000 Presi4 dential Initiative.

5 (d) PERIOD FOR PROGRAM.—The demonstration pro6 gram shall begin not later than 180 days after the date

7 of the enactment of this Act and shall terminate on Sep8 tember 30, 2002.

9 (e) REPORTS.—(1) The Secretary of Defense shall

10 submit an interim report on the demonstration program

11 to the Committees on Armed Services of the Senate and

12 the House of Representatives not later than December 1,

13 2001. The interim report shall contain, at a minimum, for

14 each site of the demonstration program the following:

15 (A) A baseline assessment of the lost workday

16 injury rate.

17 (B) A comparison of the lost workday injury

18 rate for fiscal year 2000 with the lost workday in19 jury rate for fiscal year 1999.

20 (C) The direct and indirect costs associated

21 with all lost workday injuries.

22 (2) The Secretary of Defense shall submit a final re23 port on the demonstration program to the Committees on

24 Armed Services of the Senate and the House of Represent25 atives not later than December 1, 2002. The final report
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1 shall contain, at a minimum, for each site of the dem2 onstration program the following:

3 (A) The Secretary’s determination on the issue

4 stated in subsection (b)(2).

5 (B) A comparison of the lost workday injury

6 rate under the program with the baseline assessment

7 of the lost workday injury rate.

8 (C) The lost workday injury rate for fiscal year

9 2002.

10 (D) A comparison of the direct and indirect

11 costs associated with all lost workday injuries for fis12 cal year 2002 with the direct and indirect costs asso13 ciated with all lost workday injuries for fiscal year

14 2001.

15 (f) FUNDING.—Of the amount authorized to be ap16 propriated under section 301(5), $5,000,000 shall be

17 available for the demonstration program under this sec18 tion.

19 SEC. 1106. EMPLOYMENT AND COMPENSATION OF EMPLOY20 EES FOR TEMPORARY ORGANIZATIONS ES21 TABLISHED BY LAW OR EXECUTIVE ORDER.

22 (a) IN GENERAL.—Chapter 31 of title 5, United

23 States Code, is amended by adding at the end the fol24 lowing new subchapter:
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1 ‘‘SUBCHAPTER IV—TEMPORARY ORGANIZA2 TIONS ESTABLISHED BY LAW OR EXECU3 TIVE ORDER

4 ‘‘§ 3161. Employment and compensation of employees

5 ‘‘(a) DEFINITION OF TEMPORARY ORGANIZATION.—

6 For the purposes of this subchapter, the term ‘temporary

7 organization’ means a commission, committee, board, or

8 other organization that—

9 ‘‘(1) is established by law or Executive order

10 for a specific period not in excess of 3 years for the

11 purpose of performing a specific study or other

12 project; and

13 ‘‘(2) is terminated upon the completion of the

14 study or project or upon the occurrence of a condi15 tion related to the completion of the study or

16 project.

17 ‘‘(b) EMPLOYMENT AUTHORITY.—(1) Notwith18 standing the provisions of chapter 51 of this title, the head

19 of an Executive agency may appoint persons to positions

20 of employment in a temporary organization in such num21 bers and with such skills as are necessary for the perform22 ance of the functions required of a temporary organiza23 tion.

24 ‘‘(2) The period of an appointment under paragraph

25 (1) may not exceed three years, except that under regula-
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1 tions prescribed by the Office of Personnel Management

2 the period of appointment may be extended for up to an

3 additional two years.

4 ‘‘(3) The positions of employment in a temporary or5 ganization are in the excepted service of the civil service.

6 ‘‘(c) DETAIL AUTHORITY.—Upon the request of the

7 head of a temporary organization, the head of any depart8 ment or agency of the Government may detail, on a non9 reimbursable basis, any personnel of the department or

10 agency to that organization to assist in carrying out its

11 duties.

12 ‘‘(d) COMPENSATION.—(1) The rate of basic pay for

13 an employee appointed under subsection (b) shall be estab14 lished under regulations prescribed by the Office of Per15 sonnel Management without regard to the provisions of

16 chapter 51 and subchapter III of chapter 53 of this title.

17 ‘‘(2) The rate of basic pay for the chairman, a mem18 ber, an executive director, a staff director, or another exec19 utive level position of a temporary organization may not

20 exceed the maximum rate of basic pay established for the

21 Senior Executive Service under section 5382 of this title.

22 ‘‘(3) Except as provided in paragraph (4), the rate

23 of basic pay for other positions in a temporary organiza24 tion may not exceed the maximum rate of basic pay for
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1 grade GS–15 of the General Schedule under section 5332

2 of this title.

3 ‘‘(4) The rate of basic pay for a senior staff position

4 of a temporary organization may, in a case determined

5 by the head of the temporary organization as exceptional,

6 exceed the maximum rate of basic pay authorized under

7 paragraph (3), but may not exceed the maximum rate of

8 basic pay authorized for an executive level position under

9 paragraph (2).

10 ‘‘(5) In this subsection, the term ‘basic pay’ includes

11 locality pay provided for under section 5304 of this title.

12 ‘‘(e) TRAVEL EXPENSES.—An employee of a tem13 porary organization, whether employed on a full-time or

14 part-time basis, may be allowed travel and transportation

15 expenses, including per diem in lieu of subsistence, at

16 rates authorized for employees of agencies under sub17 chapter I of chapter 57 of this title, while traveling away

18 from the employee’s regular place of business in the per19 formance of services for the temporary organization.

20 ‘‘(f) BENEFITS.—(1) An employee appointed under

21 subsection (b) shall be afforded the same benefits and en22 titlements as are provided other employees under subpart

23 G of part III of this title, except that a full-time employee

24 shall be eligible for life insurance under chapter 87 of this

25 title and health benefits under chapter 89 of this title im-
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1 mediately upon appointment to the position of full-time

2 employment without regard to the duration of the tem3 porary organization or of the appointment to that position

4 of the temporary organization.

5 ‘‘(2) Until an employee of a temporary organization

6 has completed one year of continuous service in the civil

7 service, there shall be withheld from the employee’s pay

8 the following:

9 ‘‘(A) In the case of an employee insured pursu10 ant to paragraph (1) by an insurance policy pur11 chased by the Office under chapter 87 of this title,

12 the amount equal to the amount of the Government

13 contribution under section 8708 of this title, as well

14 as the amount required to be withheld from the pay

15 of the employee under section 8707 of this title, all

16 of which shall be deposited in the Treasury of the

17 United States to the credit of the Employees’ Life

18 Insurance Fund referred to in section 8714 of this

19 title.

20 ‘‘(B) In the case of an employee participating

21 pursuant to paragraph (1) in a Federal Employees

22 Health Benefits plan under chapter 89 of this title,

23 the amount equal to the amount of the Government

24 contribution under section 8906 of this title, as well

25 as the amount required to be withheld from the pay
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1 of the employee under section 8906 of this title, all

2 of which shall be paid into the Employees Health

3 Benefits Fund referred to in section 8909 of this

4 title.

5 ‘‘(3) No contribution shall be made by the United

6 States for an employee under section 8708 or 8906 of this

7 title for any period for which subparagraph (A) or (B),

8 respectively, of paragraph (2) applies to the employee.

9 ‘‘(g) RETURN RIGHTS.—An employee serving under

10 a career or career conditional appointment or the equiva11 lent in an agency who transfers to or converts to an ap12 pointment in a temporary organization with the consent

13 of the head of the agency is entitled to be returned to

14 the employee’s former position or a position of like senior15 ity, status, and pay without grade or pay retention in the

16 agency if the employee—

17 ‘‘(1) is being separated from the temporary or18 ganization for reasons other than misconduct, ne19 glect of duty, or malfeasance; and

20 ‘‘(2) applies for return not later than 30 days

21 before the earlier of—

22 ‘‘(A) the date of the termination of the em23 ployment in the temporary organization; or

24 ‘‘(B) the date of the termination of the

25 temporary organization.
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1 ‘‘(h) TEMPORARY AND INTERMITTENT SERVICES.—

2 The head of a temporary organization may procure for

3 the organization temporary and intermittent services

4 under section 3109(b) of this title.

5 ‘‘(i) ACCEPTANCE OF VOLUNTEER SERVICES.—(1)

6 The head of a temporary organization may accept volun7 teer services appropriate to the duties of the organization

8 without regard to section 1342 of title 31.

9 ‘‘(2) Donors of voluntary services accepted for a tem10 porary organization under this subsection may include the

11 following:

12 ‘‘(A) Advisors.

13 ‘‘(B) Experts.

14 ‘‘(C) Members of the commission, committee,

15 board, or other temporary organization, as the case

16 may be.

17 ‘‘(D) A person performing services in any other

18 capacity determined appropriate by the head of the

19 temporary organization.

20 ‘‘(3) The head of the temporary organization—

21 ‘‘(A) shall ensure that each person performing

22 voluntary services accepted under this subsection is

23 notified of the scope of the voluntary services accept24 ed;
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1 ‘‘(B) shall supervise the volunteer to the same

2 extent as employees receiving compensation for simi3 lar services; and

4 ‘‘(C) shall ensure that the volunteer has appro5 priate credentials or is otherwise qualified to per6 form in each capacity for which the volunteer’s serv7 ices are accepted.

8 ‘‘(4) A person providing volunteer services accepted

9 under this subsection shall be considered an employee of

10 the Federal Government in the performance of those serv11 ices for the purposes of the following provisions of law:

12 ‘‘(A) Chapter 81 of this title, relating to com13 pensation for work-related injuries.

14 ‘‘(B) Chapter 171 of title 28, relating to tort

15 claims.

16 ‘‘(C) Chapter 11 of title 18, relating to conflicts

17 of interest.’’.

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

19 at the beginning of such chapter is amended by adding

20 at the end the following:

‘‘SUBCHAPTER IV—TEMPORARY ORGANIZATIONS ESTABLISHED

BY LAW OR EXECUTIVE ORDER

‘‘Sec.

‘‘3161. Employment and compensation of employees.’’.
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1 SEC. 1107. EXTENSION OF AUTHORITY FOR VOLUNTARY

2 SEPARATIONS IN REDUCTIONS IN FORCE.

3 Section 3502(f)(5) of title 5, United States Code, is

4 amended by striking ‘‘September 30, 2001’’ and inserting

5 ‘‘September 30, 2005’’.

6 SEC. 1108. ELECTRONIC MAINTENANCE OF PERFORMANCE

7 APPRAISAL SYSTEMS.

8 Section 4302 of title 5, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(c) The head of an agency may administer and

11 maintain its performance appraisal systems electronically

12 in accordance with regulations which the Office shall pre13 scribe.’’.

14 SEC. 1109. APPROVAL AUTHORITY FOR CASH AWARDS IN

15 EXCESS OF $10,000.

16 Section 4502 of title 5, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(f) The Secretary of Defense may grant a cash

19 award under subsection (b) of this section without regard

20 to the requirements for certification and approval provided

21 in that subsection.’’.

22 SEC. 1110. LEAVE FOR CREWS OF CERTAIN VESSELS.

23 Section 6305(c)(2) of title 5, United States Code, is

24 amended to read as follows:

25 ‘‘(2) may not be made the basis for a lump-sum

26 payment, except that civil service mariners of the
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1 Military Sealift Command on temporary promotion

2 aboard ship may be paid the difference between their

3 temporary and permanent rates of pay for leave ac4 crued and not otherwise used during the temporary

5 promotion upon the expiration or termination of the

6 temporary promotion; and’’.

7 SEC. 1111. LIFE INSURANCE FOR EMERGENCY ESSENTIAL

8 DEPARTMENT OF DEFENSE EMPLOYEES.

9 Section 8702 of title 5, United States Code, is

10 amended by adding at the end the following new sub11 section:

12 ‘‘(c) Notwithstanding a notice previously given under

13 subsection (b), an employee of the Department of Defense

14 who is designated as an emergency essential employee

15 under section 1580 of title 10 shall be insured if the em16 ployee, within 60 days after the date of the designation,

17 elects to be insured under a policy of insurance under this

18 chapter. An election under the preceding sentence shall be

19 effective when provided to the Office in writing, in the

20 form prescribed by the Office, within such 60-day pe21 riod.’’.

22 SEC. 1112. CIVILIAN PERSONNEL SERVICES PUBLIC-PRI23 VATE COMPETITION PILOT PROGRAM.

24 (a) PROGRAM REQUIRED.—The Secretary of Defense

25 shall establish a pilot program to assess the extent to
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1 which the effectiveness and efficiency of the performance

2 of civilian personnel services for the Department of De3 fense could be increased by conducting competitions for

4 the performance of such services between the public and

5 private sectors. The pilot program under this section shall

6 be known as the ‘‘Civilian Personnel Services Public-Pri7 vate Competition Program’’.

8 (b) CIVILIAN PERSONNEL REGIONS TO BE IN9 CLUDED.—(1) The pilot program shall be carried out in

10 four civilian personnel regions, as follows:

11 (A) In one region, for the civilian personnel

12 services for the Department of the Army.

13 (B) In two regions, for the civilian personnel

14 services for the Department of the Navy.

15 (C) In one region, for the civilian personnel

16 services for any military department or for any orga17 nization within the Department of Defense that is

18 not within a military department.

19 (2) The Secretary shall designate the regions to par20 ticipate in the pilot program. The Secretary shall select

21 the regions for designation from among the regions where

22 the conduct of civilian personnel operations are most con23 ducive to public-private competition. In making the selec24 tions, the Secretary shall consult with the Secretary of the
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1 Army, the Secretary of the Navy, and the Director of

2 Washington Headquarters Services.

3 (c) RIGHT OF FIRST REFUSAL FOR DISPLACE FED4 ERAL EMPLOYEES.—The Secretary of Defense shall take

5 the actions necessary to ensure that, in the case of a con6 version to private sector performance under the pilot pro7 gram, employees of the United States who are displaced

8 by the conversion have the right of first refusal for jobs

9 for which they are qualified that are created by the conver10 sion.

11 (d) DURATION AND COVERAGE OF THE PROGRAM.—

12 The pilot program shall be carried out during the period

13 beginning on October 1, 2000, and ending on December

14 31, 2004.

15 (e) AUTHORITY TO EXPAND PROGRAM.—The Sec16 retary may expand the pilot program to include other re17 gions.

18 (f) REPORT.—Not later than February 1, 2005, the

19 Secretary shall submit a report on the pilot program to

20 the Committees on Armed Services of the Senate and the

21 House of Representatives. The report shall include the fol22 lowing:

23 (1) The Secretary’s assessment of the value of

24 the actions taken in the administration of the pilot

25 program for increasing the effectiveness and effi-
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1 ciency of the performance of civilian personnel serv2 ices for the Department of Defense in the regions

3 covered by the pilot program, as compared to the

4 performance of civilian personnel services for the de5 partment in regions not included in the pilot pro6 gram.

7 (2) Any recommendations for legislation or

8 other action that the Secretary considers appropriate

9 to increase the effectiveness and efficiency of the

10 performance of civilian personnel services for the

11 Department of Defense in all regions.

12 SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AU13 THORITY FOR EXPERIMENTAL PERSONNEL

14 PROGRAM FOR SCIENTIFIC AND TECHNICAL

15 PERSONNEL.

16 (a) EXTENSION OF PROGRAM.—Section 1101 of the

17 Strom Thurmond National Defense Authorization Act for

18 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2139;

19 5 U.S.C. 3104 note) is amended—

20 (1) in subsection (a), by striking ‘‘the 5-year

21 period beginning on the date of the enactment of

22 this Act’’ and inserting ‘‘the program period speci23 fied in subsection (e)(1)’’;

24 (2) in subsection (e), by striking paragraph (1)

25 and inserting the following:
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1 ‘‘(1) The period for carrying out the program author2 ized under this section begins on October 17, 1998, and

3 ends on October 16, 2005.’’; and

4 (3) in subsection (f), by striking ‘‘on the day

5 before the termination of the program’’ and insert6 ing ‘‘on the last day of the program period specified

7 in subsection (e)(1)’’.

8 (b) EXPANSION OF SCOPE.—Subsection (a) of such

9 section, as amended by subsection (a)(1) of this section,

10 is further amended by inserting before the period at the

11 end the following: ‘‘and research and development projects

12 administered by laboratories designated for the program

13 by the Secretary from among the laboratories of each of

14 the military departments’’.

15 (c) LIMITATION ON NUMBER OF APPOINTMENTS.—

16 Subsection (b)(1) of such section is amended to read as

17 follows:

18 ‘‘(1) without regard to any provision of title 5,

19 United States Code, governing the appointment of

20 employees in the civil service, appoint scientists and

21 engineers from outside the civil service and uni22 formed services (as such terms are defined in section

23 2101 of such title) to—
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1 ‘‘(A) not more than 40 scientific and engi2 neering positions in the Defense Advanced Re3 search Projects Agency;

4 ‘‘(B) not more than 40 scientific and engi5 neering positions in the designated laboratories

6 of each of the military services; and

7 ‘‘(C) not more than a total of 10 scientific

8 and engineering positions in the National Im9 agery and Mapping Agency and the National

10 Security Agency.’’.

11 (d) RATES OF PAY FOR APPOINTEES.—Subsection

12 (b)(2) of such section is amended by inserting after

13 ‘‘United States Code,’’ the following: ‘‘as increased by lo14 cality-based comparability payments under section 5304

15 of such title,’’.

16 (e) COMMENSURATE EXTENSION OF REQUIREMENT

17 FOR ANNUAL REPORT.—Subsection (g) of such section is

18 amended by striking ‘‘2004’’ and inserting ‘‘2006’’.

19 (f) AMENDMENT OF SECTION HEADING.—The head20 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 SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT

4 AUTHORITY UNDER A PERSONNEL DEM5 ONSTRATION PROJECT.

6 Section 342(b) of the National Defense Authorization

7 Act for Fiscal Year 1995 is amended—

8 (1) by striking the last sentence of paragraph

9 (4); and

10 (2) by adding at the end the following:

11 ‘‘(5) The employees of a laboratory covered by a per12 sonnel demonstration project under this section shall be

13 managed by the director of the laboratory subject to the

14 supervision of the Under Secretary of Defense for Acquisi15 tion, Technology, and Logistics. Notwithstanding any

16 other provision of law, the director of the laboratory is

17 authorized to appoint individuals to positions in the lab18 oratory, and to fix the compensation of such individuals

19 for service in those positions, under the demonstration

20 project without the review or approval of any official or

21 agency other than the Under Secretary.’’.

22 SEC. 1115. EXTENSION OF AUTHORITY FOR VOLUNTARY

23 SEPARATIONS IN REDUCTIONS IN FORCE.

24 Section 3502(f)(5) of title 5, United States Code, is

25 amended by striking ‘‘September 30, 2001’’ and inserting

26 ‘‘September 30, 2005’’.
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1 SEC. 1116. EXTENSION, REVISION, AND EXPANSION OF AU2 THORITIES FOR USE OF VOLUNTARY SEPARA3 TION INCENTIVE PAY AND VOLUNTARY

4 EARLY RETIREMENT.

5 (a) EXTENSION OF AUTHORITY.—Subsection (e) of

6 section 5597 of title 5, United States Code, is amended

7 by striking ‘‘September 30, 2003’’ and inserting ‘‘Sep8 tember 30, 2005’’.

9 (b) REVISION AND ADDITION OF PURPOSES FOR DE10 PARTMENT OF DEFENSE VSIP.—Subsection (b) of such

11 section is amended by inserting after ‘‘transfer of func12 tion,’’ the following: ‘‘restructuring of the workforce (to

13 meet mission needs, achieve one or more strength reduc14 tions, correct skill imbalances, or reduce the number of

15 high-grade, managerial, or supervisory positions in accord16 ance with the strategic plan required under section 1118

17 of the National Defense Authorization Act for Fiscal Year

18 2001),’’.

19 (c) ELIGIBILITY.—Subsection (c) of such section is

20 amended—

21 (1) in paragraph (2), by inserting ‘‘objective

22 and nonpersonal’’ after ‘‘similar’’; and

23 (2) by adding at the end the following:

24 ‘‘A determination of which employees are within the scope

25 of an offer of separation pay shall be made only on the
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1 basis of consistent and well-documented application of the

2 relevant criteria.’’.

3 (d) INSTALLMENT PAYMENTS.—Subsection (d) of

4 such section is amended—

5 (1) by striking paragraph (1) and inserting the

6 following:

7 ‘‘(1) shall be paid in a lump-sum or in install8 ments;’’;

9 (2) by striking ‘‘and’’ at the end of paragraph

10 (3);

11 (3) by striking the period at the end of para12 graph (4) and inserting ‘‘; and’’; and

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

14 ‘‘(5) if paid in installments, shall cease to be

15 paid upon the recipient’s acceptance of employment

16 by the Federal Government, or commencement of

17 work under a personal services contract, as de18 scribed in subsection (g)(1).’’.

19 (e) APPLICABILITY OF REPAYMENT REQUIREMENT

20 TO REEMPLOYMENT UNDER PERSONAL SERVICES CON21 TRACTS.—Subsection (g)(1) of such section is amended by

22 inserting after ‘‘employment with the Government of the

23 United States’’ the following: ‘‘, or who commences work

24 for an agency of the United States through a personal

25 services contract with the United States,’’.
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1 SEC. 1117. DEPARTMENT OF DEFENSE EMPLOYEE VOL2 UNTARY EARLY RETIREMENT AUTHORITY.

3 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

4 8336 of title 5, United States Code, is amended—

5 (1) in subsection (d)(2), by inserting ‘‘except in

6 the case of an employee described in subsection

7 (o)(1),’’ after ‘‘(2)’’; and

8 (2) by adding at the end the following:

9 ‘‘(o)(1) An employee of the Department of Defense

10 who, before October 1, 2005, is separated from the service

11 after completing 25 years of service or after becoming 50

12 years of age and completing 20 years of service is entitled

13 to an immediate annuity under this subchapter if the em14 ployee is eligible for the annuity under paragraph (2) or

15 (3).

16 ‘‘(2)(A) An employee referred to in paragraph (1) is

17 eligible for an immediate annuity under this paragraph if

18 the employee—

19 ‘‘(i) is separated from the service involuntarily

20 other than for cause; and

21 ‘‘(ii) has not declined a reasonable offer of an22 other position in the Department of Defense for

23 which the employee is qualified, which is not lower

24 than 2 grades (or pay levels) below the employee’s

25 grade (or pay level), and which is within the employ26 ee’s commuting area.
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1 ‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa2 ration for failure to accept a directed reassignment to a

3 position outside the commuting area of the employee con4 cerned or to accompany a position outside of such area

5 pursuant to a transfer of function may not be considered

6 to be a removal for cause.

7 ‘‘(3) An employee referred to in paragraph (1) is eli8 gible for an immediate annuity under this paragraph if

9 the employee satisfies all of the following conditions:

10 ‘‘(A) The employee is separated from the serv11 ice voluntarily during a period in which the organi12 zation within the Department of Defense in which

13 the employee is serving is undergoing a major orga14 nizational adjustment.

15 ‘‘(B) The employee has been employed continu16 ously by the Department of Defense for more than

17 30 days before the date on which the head of the

18 employee’s organization requests the determinations

19 required under subparagraph (A).

20 ‘‘(C) The employee is serving under an appoint21 ment that is not limited by time.

22 ‘‘(D) The employee is not in receipt of a deci23 sion notice of involuntary separation for misconduct

24 or unacceptable performance.
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1 ‘‘(E) The employee is within the scope of an

2 offer of voluntary early retirement, as defined on the

3 basis of one or more of the following objective cri4 teria:

5 ‘‘(i) One or more organizational units.

6 ‘‘(ii) One or more occupational groups, se7 ries, or levels.

8 ‘‘(iii) One or more geographical locations.

9 ‘‘(iv) Any other similar objective and non10 personal criteria that the Office of Personnel

11 Management determines appropriate.

12 ‘‘(4) Under regulations prescribed by the Office of

13 Personnel Management, the determinations of whether an

14 employee meets—

15 ‘‘(A) the requirements of subparagraph (A) of

16 paragraph (3) shall be made by the Office, upon the

17 request of the Secretary of Defense; and

18 ‘‘(B) the requirements of subparagraph (E) of

19 such paragraph shall be made by the Secretary of

20 Defense.

21 ‘‘(5) A determination of which employees are within

22 the scope of an offer of early retirement shall be made

23 only on the basis of consistent and well-documented appli24 cation of the relevant criteria.
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1 ‘‘(6) In this subsection, the term ‘major organiza2 tional adjustment’ means any of the following:

3 ‘‘(A) A major reorganization.

4 ‘‘(B) A major reduction in force.

5 ‘‘(C) A major transfer of function.

6 ‘‘(D) A workforce restructuring—

7 ‘‘(i) to meet mission needs;

8 ‘‘(ii) to achieve one or more reductions in

9 strength;

10 ‘‘(iii) to correct skill imbalances; or

11 ‘‘(iv) to reduce the number of high-grade,

12 managerial, supervisory, or similar positions.’’.

13 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

14 Section 8414 of such title is amended—

15 (1) in subsection (b)(1)(B), by inserting ‘‘except

16 in the case of an employee described in subsection

17 (d)(1),’’ after ‘‘(B)’’; and

18 (2) by adding at the end the following:

19 ‘‘(d)(1) An employee of the Department of Defense

20 who, before October 1, 2005, is separated from the service

21 after completing 25 years of service or after becoming 50

22 years of age and completing 20 years of service is entitled

23 to an immediate annuity under this subchapter if the em24 ployee is eligible for the annuity under paragraph (2) or

25 (3).
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1 ‘‘(2)(A) An employee referred to in paragraph (1) is

2 eligible for an immediate annuity under this paragraph if

3 the employee—

4 ‘‘(i) is separated from the service involuntarily

5 other than for cause; and

6 ‘‘(ii) has not declined a reasonable offer of an7 other position in the Department of Defense for

8 which the employee is qualified, which is not lower

9 than 2 grades (or pay levels) below the employee’s

10 grade (or pay level), and which is within the employ11 ee’s commuting area.

12 ‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa13 ration for failure to accept a directed reassignment to a

14 position outside the commuting area of the employee con15 cerned or to accompany a position outside of such area

16 pursuant to a transfer of function may not be considered

17 to be a removal for cause.

18 ‘‘(3) An employee referred to in paragraph (1) is eli19 gible for an immediate annuity under this paragraph if

20 the employee satisfies all of the following conditions:

21 ‘‘(A) The employee is separated from the serv22 ice voluntarily during a period in which the organi23 zation within the Department of Defense in which

24 the employee is serving is undergoing a major orga25 nizational adjustment.
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1 ‘‘(B) The employee has been employed continu2 ously by the Department of Defense for more than

3 30 days before the date on which the head of the

4 employee’s organization requests the determinations

5 required under subparagraph (A).

6 ‘‘(C) The employee is serving under an appoint7 ment that is not limited by time.

8 ‘‘(D) The employee is not in receipt of a deci9 sion notice of involuntary separation for misconduct

10 or unacceptable performance.

11 ‘‘(E) The employee is within the scope of an

12 offer of voluntary early retirement, as defined on the

13 basis of one or more of the following objective cri14 teria:

15 ‘‘(i) One or more organizational units.

16 ‘‘(ii) One or more occupational groups, se17 ries, or levels.

18 ‘‘(iii) One or more geographical locations.

19 ‘‘(iv) Any other similar objective and non20 personal criteria that the Office of Personnel

21 Management determines appropriate.

22 ‘‘(4) Under regulations prescribed by the Office of

23 Personnel Management, the determinations of whether an

24 employee meets—
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1 ‘‘(A) the requirements of subparagraph (A) of

2 paragraph (3) shall be made by the Office upon the

3 request of the Secretary of Defense; and

4 ‘‘(B) the requirements of subparagraph (E) of

5 such paragraph shall be made by the Secretary of

6 Defense.

7 ‘‘(5) A determination of which employees are within

8 the scope of an offer of early retirement shall be made

9 only on the basis of consistent and well-documented appli10 cation of the relevant criteria.

11 ‘‘(6) In this subsection, the term ‘major organiza12 tional adjustment’ means any of the following:

13 ‘‘(A) A major reorganization.

14 ‘‘(B) A major reduction in force.

15 ‘‘(C) A major transfer of function.

16 ‘‘(D) A workforce restructuring—

17 ‘‘(i) to meet mission needs;

18 ‘‘(ii) to achieve one or more reductions in

19 strength;

20 ‘‘(iii) to correct skill imbalances; or

21 ‘‘(iv) to reduce the number of high-grade,

22 managerial, supervisory, or similar positions.’’.

23 (c) CONFORMING AMENDMENTS.—(1) Section

24 8339(h) of such title is amended by striking out ‘‘or ( j)’’

25 in the first sentence and inserting ‘‘( j), or (o)’’.
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1 (2) Section 8464(a)(1)(A)(i) of such title is amended

2 by striking out ‘‘or (b)(1)(B)’’ and ‘‘, (b)(1)(B), or (d)’’.

3 (d) EFFECTIVE DATE; APPLICABILITY.—The amend4 ments made by this section—

5 (1) shall take effect on October 1, 2000; and

6 (2) shall apply with respect to an approval for

7 voluntary early retirement made on or after that

8 date.

9 SEC. 1118. RESTRICTIONS ON PAYMENTS FOR ACADEMIC

10 TRAINING.

11 (a) SOURCES OF POSTSECONDARY EDUCATION.—

12 Subsection (a) of section 4107 of title 5, United States

13 Code, is amended—

14 (1) by striking ‘‘or’’ at the end of paragraph

15 (1);

16 (2) by striking the period at the end of para17 graph (2) and inserting ‘‘; or’’; and

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

19 ‘‘(3) any course of postsecondary education that

20 is administered or conducted by an institution not

21 accredited by a national or regional accrediting body

22 (except in the case of a course or institution for

23 which standards for accrediting do not exist or are

24 determined by the head of the employee’s agency as

25 being inappropriate), regardless of whether the
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1 course is provided by means of classroom instruc2 tion, electronic instruction, or otherwise.’’.

3 (b) WAIVER OF RESTRICTION ON DEGREE TRAIN4 ING.—Subsection (b)(1) of such section is amended by

5 striking ‘‘if necessary’’ and all that follows through the

6 end and inserting ‘‘if the training provides an opportunity

7 for an employee of the agency to obtain an academic de8 gree pursuant to a planned, systematic, and coordinated

9 program of professional development approved by the head

10 of the agency.’’.

11 (c) CONFORMING AND CLERICAL AMENDMENTS.—

12 The heading for such section is amended to read as fol13 lows:

14 ‘‘§ 4107. Restrictions’’.

15 (3) The item relating to such section in the table of

16 sections at the beginning of chapter 41 of title 5, United

17 States Code, is amended to read as follows:

‘‘4107. Restrictions.’’.

18 SEC. 1119. STRATEGIC PLAN.

19 (a) REQUIREMENT FOR PLAN.—Not later than six

20 months after the date of the enactment of this Act, and

21 before exercising any of the authorities provided or ex22 tended by the amendments made by sections 1115 through

23 1117, the Secretary of Defense shall submit to the appro24 priate committees of Congress a strategic plan for the ex25 ercise of such authorities. The plan shall include an esti-
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1 mate of the number of Department of Defense employees

2 that would be affected by the uses of authorities as de3 scribed in the plan.

4 (b) CONSISTENCY WITH DOD PERFORMANCE AND

5 REVIEW STRATEGIC PLAN.—The strategic plan submitted

6 under subsection (a) shall be consistent with the strategic

7 plan of the Department of Defense that is in effect under

8 section 306 of title 5, United States Code.

9 (c) APPROPRIATE COMMITTEES.—For the purposes

10 of this section, the appropriate committees of Congress are

11 as follows:

12 (1) The Committee on Armed Services and the

13 Committee on Governmental Affairs of the Senate.

14 (2) The Committee on Armed Services and the

15 Committee on Government Reform of the House of

16 Representatives.

17 TITLE XII—MATTERS RELATING

18 TO OTHER NATIONS

19 SEC. 1201. AUTHORITY TO TRANSFER NAVAL VESSELS TO

20 CERTAIN FOREIGN COUNTRIES.

21 (a) AUTHORITY TO TRANSFER.—

22 (1) AUSTRALIA.—The Secretary of the Navy is

23 authorized to transfer to the Government of Aus24 tralia the ‘‘KIDD’’ class guided missile destroyers

25 KIDD (DDG 993), CALLAGHAN (DDG 994),
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1 SCOTT (DDG 995), and CHANDLER (DDG 996).

2 Each such transfer shall be on a combined lease-sale

3 basis under sections 61 and 21 of the Arms Export

4 Control Act (22 U.S.C. 2796 and 2761).

5 (2) BRAZIL.—The Secretary of the Navy is au6 thorized to transfer to the Government of Brazil the

7 ‘‘THOMASTON’’ class dock landing ships ALAMO

8 (LSD 33) and HERMITAGE (LSD 34), and the

9 ‘‘GARCIA’’ class frigates BRADLEY (FF 1041),

10 DAVIDSON (FF 1045), SAMPLE (FF 1048) and

11 ALBERT DAVID (FF 1050). Each such transfer

12 shall be on a grant basis under section 516 of the

13 Foreign Assistance Act of 1961 (22 U.S.C. 2321j).

14 (3) CHILE.—The Secretary of the Navy is au15 thorized to transfer to the Government of Chile the

16 ‘‘OLIVER HAZARD PERRY’’ class guided missile

17 frigates WADSWORTH (FFG 9), and ESTOCIN

18 (FFG 15). Each such transfer shall be on a com19 bined lease-sale basis under sections 61 and 21 of

20 the Arms Export Control Act (22 U.S.C. 2796 and

21 2761).

22 (4) EGYPT.—The Secretary of the Navy is au23 thorized to transfer to the Government of Egypt the

24 ‘‘DIXIE’’ class destroyer tender YOSEMITE (AD

25 19). The transfer shall be on a grant basis under
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1 section 516 of the Foreign Assistance Act of 1961

2 (22 U.S.C. 2321j).

3 (5) GREECE.—The Secretary of the Navy is au4 thorized to transfer to the Government of Greece the

5 ‘‘KNOX’’ class frigates VREELAND (FF 1068)

6 and TRIPPE (FF 1075). Each such transfer shall

7 be on a grant basis under section 516 of the Foreign

8 Assistance Act of 1961 (22 U.S.C. 2321j).

9 (6) TURKEY.—(A) The Secretary of the Navy is

10 authorized to transfer to the Government of Turkey

11 the ‘‘OLIVER HAZARD PERRY’’ class guided mis12 sile frigates JOHN A. MOORE (FFG 19) and

13 FLATLEY (FFG 21). Each transfer under the au14 thority of this subsection shall be on a combined

15 lease-sale basis under sections 61 and 21 of the

16 Arms Export Control Act (22 U.S.C. 2796 and

17 2761).

18 (B) The authority provided under subparagraph

19 (A) is in addition to the authority provided under

20 section 1018(a)(9) of Public Law 106–65 (113 Stat.

21 745) for the Secretary of the Navy to transfer such

22 vessels to the Government of Turkey on a sale basis

23 under section 21 of the Arms Export Control Act

24 (22 U.S.C. 2761).
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1 (b) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

2 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

3 of a vessel transferred to another country on a grant basis

4 under section 516 of the Foreign Assistance Act of 1961

5 (22 U.S.C. 2321j) pursuant to authority provided by sub6 section (a) shall not be counted for the purposes of sub7 section (g) of that section in the aggregate value of excess

8 defense articles transferred to countries under that section

9 in any fiscal year.

10 (c) COSTS OF TRANSFERS.—Any expense incurred by

11 the United States in connection with a transfer authorized

12 by this section shall be charged to the recipient (notwith13 standing section 516(e)(1) of the Foreign Assistance Act

14 of 1961 (22 U.S.C. 2321j(e)(1)) in the case of a transfer

15 authorized to be made on a grant basis under subsection

16 (a)).

17 (d) REPAIR AND REFURBISHMENT IN UNITED

18 STATES SHIPYARDS.—To the maximum extent prac19 ticable, the Secretary of the Navy shall require, as a condi20 tion of the transfer of a vessel under this section, that

21 the country to which the vessel is transferred have such

22 repair or refurbishment of the vessel as is needed, before

23 the vessel joins the naval forces of that country, performed

24 at a shipyard located in the United States, including a

25 United States Navy shipyard.
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1 (e) CONDITIONS RELATING TO COMBINED LEASE2 SALE TRANSFERS.—A transfer of a vessel on a combined

3 lease-sale basis authorized by subsection (a) shall be made

4 in accordance with the following requirements:

5 (1) The Secretary of the Navy may initially

6 transfer the vessel by lease, with lease payments sus7 pended for the term of the lease, if the country en8 tering into the lease for the vessel simultaneously

9 enters into a foreign military sales agreement for the

10 transfer of title to the vessel.

11 (2) The Secretary may not deliver to the pur12 chasing country title to the vessel until the purchase

13 price of the vessel under such a foreign military

14 sales agreement is paid in full.

15 (3) Upon payment of the purchase price in full

16 under such a sales agreement and delivery of title to

17 the recipient country, the Secretary shall terminate

18 the lease.

19 (4) If the purchasing country fails to make full

20 payment of the purchase price in accordance with

21 the sales agreement by the date required under the

22 sales agreement—

23 (A) the sales agreement shall be imme24 diately terminated;
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1 (B) the suspension of lease payments

2 under the lease shall be vacated; and

3 (C) the United States shall be entitled to

4 retain all funds received on or before the date

5 of the termination under the sales agreement,

6 up to the amount of the lease payments due

7 and payable under the lease and all other costs

8 required by the lease to be paid to that date.

9 (5) If a sales agreement is terminated pursuant

10 to paragraph (4), the United States shall not be re11 quired to pay any interest to the recipient country

12 on any amount paid to the United States by the re13 cipient country under the sales agreement and not

14 retained by the United States under the lease.

15 (f) AUTHORIZATION OF APPROPRIATIONS FOR COSTS

16 OF LEASE-SALE TRANSFERS.—There is hereby authorized

17 to be appropriated into the Defense Vessels Transfer Pro18 gram Account such sums as may be necessary for paying

19 the costs (as defined in section 502 of the Congressional

20 Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale

21 transfers authorized by subsection (a). Amounts so appro22 priated shall be available only for the purpose of paying

23 those costs.

24 (g) EXPIRATION OF AUTHORITY.—The authority pro25 vided under subsection (a) shall expire at the end of the
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1 two-year period beginning on the date of the enactment

2 of this Act.

3 SEC. 1202. SUPPORT OF UNITED NATIONS-SPONSORED EF4 FORTS TO INSPECT AND MONITOR IRAQI

5 WEAPONS ACTIVITIES.

6 (a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS7 CAL YEAR 2001.—The total amount of the assistance for

8 fiscal year 2001 that is provided by the Secretary of De9 fense under section 1505 of the Weapons of Mass Destruc10 tion Control Act of 1992 (22 U.S.C. 5859a) as activities

11 of the Department of Defense in support of activities

12 under that Act may not exceed $15,000,000.

13 (b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST14 ANCE.—Subsection (f) of section 1505 of the Weapons of

15 Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)

16 is amended by striking ‘‘2000’’ and inserting ‘‘2001’’.

17 SEC. 1203. REPEAL OF RESTRICTION PREVENTING COOP18 ERATIVE AIRLIFT SUPPORT THROUGH AC19 QUISITION AND CROSS-SERVICING AGREE20 MENTS.

21 Section 2350c of title 10, United States Code, is

22 amended—

23 (1) by striking subsection (d); and

24 (2) by redesignating subsection (e) as sub25 section (d).
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1 SEC. 1204. WESTERN HEMISPHERE INSTITUTE FOR PRO2 FESSIONAL EDUCATION AND TRAINING.

3 (a) IN GENERAL.—Chapter 108 of title 10, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘§ 2166. Western Hemisphere Institute for Profes7 sional Education and Training

8 ‘‘(a) ESTABLISHMENT AND ADMINISTRATION.—(1)

9 The Secretary of Defense may operate an education and

10 training facility for the purpose set forth in subsection (b).

11 The facility may be called the Western Hemisphere Insti12 tute for Professional Education and Training.

13 ‘‘(2) The Secretary may designate the Secretary of

14 a military department as the Department of Defense exec15 utive agent for carrying out the responsibilities of the Sec16 retary of Defense under this section.

17 ‘‘(b) PURPOSE.—The purpose of the Institute is to

18 provide professional education and training to eligible per19 sonnel of the Western Hemisphere within the context of

20 the democratic principles set forth in the Charter of the

21 Organization of American States and supporting agree22 ments, while fostering mutual knowledge, transparency,

23 confidence, and cooperation among the participating na24 tions and promoting democratic values, respect for human

25 rights, and knowledge and understanding of United States

26 customs and traditions.
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1 ‘‘(c) ELIGIBLE PERSONNEL.—(1) Subject to para2 graph (2), personnel of the Western Hemisphere are eligi3 ble for education and training at the Institute as follows:

4 ‘‘(A) Military personnel.

5 ‘‘(B) Law enforcement personnel.

6 ‘‘(C) Civilians, whether or not employed by a

7 government of the Western Hemisphere.

8 ‘‘(2) The selection of foreign personnel for education

9 or training at the Institute is subject to the approval of

10 the Secretary of State.

11 ‘‘(d) CURRICULUM.—(1) The curriculum of the Insti12 tute shall include mandatory instruction for each student,

13 for at least 8 hours, on human rights, the rule of law,

14 due process, civilian control of the military, and the role

15 of the military in a democratic society.

16 ‘‘(2) The curriculum may include instruction and

17 other educational and training activities on the following:

18 ‘‘(A) Leadership development.

19 ‘‘(B) Counterdrug operations.

20 ‘‘(C) Peace support operations.

21 ‘‘(D) Disaster relief.

22 ‘‘(E) Any other matters that the Secretary de23 termines appropriate.
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1 ‘‘(e) BOARD OF VISITORS.—(1) There shall be a

2 Board of Visitors for the Institute. The Board shall be

3 composed of the following:

4 ‘‘(A) Two members of the Senate designated by

5 the President pro tempore of the Senate.

6 ‘‘(B) Two members of the House of Represent7 atives designated by the Speaker of the House of

8 Representatives.

9 ‘‘(C) Six persons designated by the Secretary of

10 Defense including, to the extent practicable, at least

11 one member from academia, one member from the

12 religious community, and one member from the

13 human rights community.

14 ‘‘(D) One person designated by the Secretary of

15 State.

16 ‘‘(E) For each of the armed forces, the senior

17 military officer responsible for training and doctrine

18 or a designee of that officer.

19 ‘‘(F) The Commander in Chief of the United

20 States Southern Command or a designee of that of21 ficer.

22 ‘‘(2) The members of the Board shall serve for 2

23 years except for the members referred to in subparagraphs

24 (A) and (B) of paragraph (1) who may serve until a suc25 cessor is designated.
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1 ‘‘(3) A vacancy in a position of membership on the

2 Board shall be filled in the same manner as the position

3 was originally filled.

4 ‘‘(4) The Board shall meet at least once each year.

5 ‘‘(5)(A) The Board shall inquire into the curriculum,

6 instruction, physical equipment, fiscal affairs, academic

7 methods, and other matters relating to the Institute that

8 the Board decides to consider.

9 ‘‘(B) The Board shall review the curriculum of the

10 Institute to determine whether—

11 ‘‘(i) the curriculum complies with applicable

12 United States laws and regulations;

13 ‘‘(ii) the curriculum is consistent with United

14 States policy goals toward Latin America and the

15 Caribbean;

16 ‘‘(iii) the curriculum adheres to current United

17 States doctrine; and

18 ‘‘(iv) the instruction under the curriculum ap19 propriately emphasizes the matters described in sub20 section (d)(1).

21 ‘‘(6) Not later than 60 days after its annual meeting,

22 the Board shall submit to the Secretary of Defense a writ23 ten report of its action and of its views and recommenda24 tions pertaining to the Institute.
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1 ‘‘(7) Members of the Board may not be compensated

2 for service on the Board. In the case of officers or employ3 ees of the United States serving on the Board as part of

4 their official duties, compensation paid to the members as

5 officers or employees of the United States shall not be con6 sidered compensation for service on the Board.

7 ‘‘(8) With the approval of the Secretary of Defense,

8 the Board may accept and use the services of voluntary

9 and noncompensated advisers appropriate to the duties of

10 the Board without regard to section 1342 of title 31.

11 ‘‘(9) Members of the Board and advisers whose serv12 ices are accepted under paragraph (8) shall be allowed

13 travel and transportation expenses, including per diem in

14 lieu of subsistence, while away from their homes or regular

15 places of business in the performance of services for the

16 Board. Allowances under this paragraph shall be

17 computed—

18 ‘‘(A) in the case of members of the Board who

19 are officers or employees of the United States, at

20 rates authorized for employees of agencies under

21 subchapter I of chapter 57 of title 5; and

22 ‘‘(B) in the case of other members of the Board

23 and advisers, as authorized under section 5703 of

24 title 5 for employees serving without pay.
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1 ‘‘(10) The Federal Advisory Committee Act (5 U.S.C.

2 App. 2), other than section 14 (relating to termination

3 after two years), shall apply to the Board.

4 ‘‘(f) FIXED COSTS.—The fixed costs of operating and

5 maintaining the Institute—

6 ‘‘(1) may be paid from funds available to the

7 Army for operation and maintenance; and

8 ‘‘(2) may not be paid out of the proceeds of tui9 tion fees charged for professional education and

10 training at the Institute.

11 ‘‘(g) ANNUAL REPORT.—Not later than March 15 of

12 each year, the Secretary of Defense shall submit to Con13 gress a detailed report on the activities of the Institute

14 during the preceding year. The Secretary shall coordinate

15 the preparation of the report with the heads of department

16 and agencies of the United States that have official inter17 ests in the activities of the Institute, as determined by the

18 Secretary.’’.

19 (b) REPEAL OF AUTHORITY FOR UNITED STATES

20 ARMY SCHOOL OF THE AMERICAS.—Section 4415 of title

21 10, United States Code, is repealed.

22 (c) CLERICAL AMENDMENTS.—(1) The table of sec23 tions at the beginning of chapter 108 of title 10, United

24 States Code, is amended by inserting after the item relat25 ing to section 2165 the following:
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‘‘2166. Western Hemisphere Institute for Professional Education and Training.’’.

1 (2) The table of sections at the beginning of chapter

2 407 of such title is amended by striking the item relating

3 to section 4415.

4 SEC. 1205. BIANNUAL REPORT ON KOSOVO PEACEKEEPING.

5 (a) REQUIREMENT FOR PERIODIC REPORT.—Begin6 ning on December 1, 2000, and every six months there7 after, the President shall submit to the congressional de8 fense committees, the Committee on Foreign Relations of

9 the Senate, and the Committee on International Relations

10 of the House of Representatives a report on the contribu11 tions of European nations and organizations to the peace12 keeping operations in Kosovo.

13 (b) CONTENT OF REPORT.—Each report shall con14 tain detailed information on the following:

15 (1) The commitments and pledges made by the

16 European Commission, the member nations of the

17 European Union, and the European member nations

18 of the North Atlantic Treaty Organization for recon19 struction assistance in Kosovo, humanitarian assist20 ance in Kosovo, the Kosovo Consolidated Budget,

21 police (including special police) for the United Na22 tions international police force for Kosovo, and mili23 tary personnel for peacekeeping operations in

24 Kosovo.
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1 (2) The amount of the assistance that has been

2 provided in each category, and the number of police

3 and military personnel that have been deployed to

4 Kosovo, by each such organization or nation.

5 (3) The full range of commitments and respon6 sibilities that have been undertaken for Kosovo by

7 the United Nations, the European Union, and the

8 Organization for Security and Cooperation in Eu9 rope (OSCE), the progress made by those organiza10 tions in fulfilling those commitments and respon11 sibilities, an assessment of the tasks that remain to

12 be accomplished, and an anticipated schedule for

13 completing those tasks.

14 SEC. 1206. MUTUAL ASSISTANCE FOR MONITORING TEST

15 EXPLOSIONS OF NUCLEAR DEVICES.

16 (a) AUTHORITY.—Subchapter II of chapter 138 of

17 title 10, United States Code, is amended by adding at the

18 end the following new section:

19 ‘‘§ 2350l. Mutual assistance for monitoring test explo20 sions of nuclear devices

21 ‘‘(a) ACCEPTANCE OF CONTRIBUTIONS.—(1) The

22 Secretary of Defense may accept funds, services, or prop23 erty from a foreign government, an international organiza24 tion, or any other entity for a purpose described in para25 graph (2).
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1 ‘‘(2) Contributions accepted under paragraph (1)

2 may be used only for the development, procurement, in3 stallation, operation, repair, or maintenance of equipment

4 for monitoring test explosions of nuclear devices, or for

5 communications relating to the operation of such equip6 ment. The equipment may be installed and used on United

7 States territory, foreign territory (including Antarctica),

8 or in international waters.

9 ‘‘(3) Any funds accepted under paragraph (1) shall

10 be deposited in an account established by the Secretary

11 for use for the purposes described in paragraph (2), and

12 shall be available, without fiscal year limitation, for use

13 by Department of Defense officials authorized by the Sec14 retary of Defense for contracts, grants, or other forms of

15 acquisition for such purposes.

16 ‘‘(b) AUTHORITY TO PROVIDE MONITORING ASSIST17 ANCE.—(1) To satisfy obligations of the United States to

18 monitor test explosions of nuclear devices, the Secretary

19 of Defense may provide a foreign government with assist20 ance for the monitoring of such tests, but only in accord21 ance with an agreement satisfying the requirements of

22 paragraph (3).

23 ‘‘(2) The assistance authorized under paragraph (1)

24 is as follows:

25 ‘‘(A) A loan or conveyance of—
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1 ‘‘(i) equipment for monitoring test explo2 sions of nuclear devices; and

3 ‘‘(ii) associated equipment.

4 ‘‘(B) The installation of such equipment on for5 eign territory or in international waters.

6 ‘‘(3) Assistance for a foreign government under this

7 subsection shall be subject to an agreement entered into

8 between the United States and the foreign government

9 that ensures the following:

10 ‘‘(A) That the Secretary has timely access to

11 data that is produced, collected, or generated by

12 equipment loaned or conveyed to the foreign govern13 ment under the agreement.

14 ‘‘(B) That the Secretary—

15 ‘‘(i) has access to that equipment for pur16 poses of inspecting, testing, maintaining, repair17 ing, or replacing the equipment; and

18 ‘‘(ii) may take such actions as are nec19 essary to meet United States obligations to in20 spect, test, maintain, repair, or replace the

21 equipment.

22 ‘‘(c) DELEGATION.—The Secretary may delegate au23 thority to carry out subsection (a) or (b) only to the Under

24 Secretary of Defense for Acquisition, Technology, and Lo-
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1 gistics or the Secretary of the Air Force. Authority so del2 egated may be further delegated.’’.

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

4 at the beginning of subchapter II of such chapter is

5 amended by inserting after the item relating to section

6 2350k the following new item:

‘‘2350l. Mutual assistance for monitoring test explosions of nuclear devices.’’.

7 SEC. 1207. ANNUAL REPORT ON ACTIVITIES AND ASSIST8 ANCE UNDER COOPERATIVE THREAT REDUC9 TION PROGRAMS.

10 (a) ANNUAL REPORT CONSOLIDATING DISPARATE

11 REPORT REQUIREMENTS.—(1) Chapter 23 of title 10,

12 United States Code, is amended by adding at the end the

13 following new section:

14 ‘‘§ 488. Annual report on activities and assistance

15 under Cooperative Threat Reduction pro16 grams

17 ‘‘(a) ANNUAL REPORT.—In any year in which the

18 budget of the President under section 1105 of title 31 for

19 the fiscal year beginning in such year requests funds for

20 the Department of Defense for assistance or activities

21 under Cooperative Threat Reduction programs with the

22 states of the former Soviet Union, the Secretary of De23 fense shall submit to Congress a report on activities and

24 assistance during the preceding fiscal year under Coopera-
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1 tive Threat Reduction programs setting forth the matters

2 in subsection (c).

3 ‘‘(b) DEADLINE FOR REPORT.—The report under

4 subsection (a) shall be submitted not later than the first

5 Monday in February of a year.

6 ‘‘(c) MATTERS TO BE INCLUDED.—The report under

7 subsection (a) in a year shall set forth the following:

8 ‘‘(1) An estimate of the total amount that will

9 be required to be expended by the United States in

10 order to achieve the objectives of the Cooperative

11 Threat Reduction programs.

12 ‘‘(2) A five-year plan setting forth the amount

13 of funds and other resources proposed to be provided

14 by the United States for Cooperative Threat Reduc15 tion programs over the term of the plan, including

16 the purpose for which such funds and resources will

17 be used, and to provide guidance for the preparation

18 of annual budget submissions with respect to Coop19 erative Threat Reduction programs.

20 ‘‘(3) A description of the Cooperative Threat

21 Reduction activities carried out during the fiscal

22 year ending in the year preceding the year of the re23 port, including—

24 ‘‘(A) the amounts notified, obligated, and

25 expended for such activities and the purposes
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1 for which such amounts were notified, obli2 gated, and expended for such fiscal year and

3 cumulatively for Cooperative Threat Reduction

4 programs;

5 ‘‘(B) a description of the participation, if

6 any, of each department and agency of the

7 United States Government in such activities;

8 ‘‘(C) a description of such activities, in9 cluding the forms of assistance provided;

10 ‘‘(D) a description of the United States

11 private sector participation in the portion of

12 such activities that were supported by the obli13 gation and expenditure of funds for Cooperative

14 Threat Reduction programs; and

15 ‘‘(E) such other information as the Sec16 retary of Defense considers appropriate to in17 form Congress fully of the operation of Cooper18 ative Threat Reduction programs and activities,

19 including with respect to proposed demilitariza20 tion or conversion projects, information on the

21 progress toward demilitarization of facilities

22 and the conversion of the demilitarized facilities

23 to civilian activities.

24 ‘‘(4) A description of the audits, examinations,

25 and other efforts, such as on-site inspections, con-
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1 ducted by the United States during the fiscal year

2 ending in the year preceding the year of the report

3 to ensure that assistance provided under Cooperative

4 Threat Reduction programs is fully accounted for

5 and that such assistance is being used for its in6 tended purpose, including a description of—

7 ‘‘(A) if such assistance consisted of equip8 ment, a description of the current location of

9 such equipment and the current condition of

10 such equipment;

11 ‘‘(B) if such assistance consisted of con12 tracts or other services, a description of the sta13 tus of such contracts or services and the meth14 ods used to ensure that such contracts and

15 services are being used for their intended pur16 pose;

17 ‘‘(C) a determination whether the assist18 ance described in subparagraphs (A) and (B)

19 has been used for its intended purpose; and

20 ‘‘(D) a description of the audits, examina21 tions, and other efforts planned to be carried

22 out during the fiscal year beginning in the year

23 of the report to ensure that Cooperative Threat

24 Reduction assistance provided during such fis-
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1 cal year is fully accounted for and is used for

2 its intended purpose.

3 ‘‘(5) A current description of the tactical nu4 clear weapons arsenal of Russia, including—

5 ‘‘(A) an estimate of the current types,

6 numbers, yields, viability, locations, and deploy7 ment status of the nuclear warheads in that ar8 senal;

9 ‘‘(B) an assessment of the strategic rel10 evance of such warheads;

11 ‘‘(C) an assessment of the current and pro12 jected threat of theft, sale, or unauthorized use

13 of such warheads; and

14 ‘‘(D) a summary of past, current, and

15 planned United States efforts to work coopera16 tively with Russia to account for, secure, and

17 reduce Russia’s stockpile of tactical nuclear

18 warheads and associated fissile materials.

19 ‘‘(d) INPUT OF DCI.—The Director of Central Intel20 ligence shall submit to the Secretary of Defense the views

21 of the Director on any matters covered by subsection

22 (b)(5) in a report under this section. Such views shall be

23 included in such report as a classified annex to such re24 port.
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1 ‘‘(e) COMPTROLLER GENERAL ASSESSMENT.—Not

2 later than 60 days after the date on which a report is

3 submitted to Congress under subsection (a), the Comp4 troller General shall submit to Congress a report setting

5 forth the Comptroller General’s assessment of the report

6 under subsection (a), including any recommendations re7 garding the report under subsection (a) that the Comp8 troller General considers appropriate.’’.

9 (2) The table of sections at the beginning of chapter

10 23 of such title is amended by adding at the end the fol11 lowing new item:

‘‘488. Annual report on activities and assistance under Cooperative Threat Reduction programs.’’.

12 (b) FIRST REPORT.—The first report submitted

13 under section 488 of title 10, United States Code, as

14 added by subsection (a), shall be submitted in 2002.

15 (c) REPEAL OF SUPERSEDED REPORTING REQUIRE16 MENTS.—(1) The following provisions of law are repealed:

17 (A) Section 1207 of the Cooperative Threat Re18 duction Act of 1994 (title XII of Public Law 103–

19 160; 107 Stat. 1782; 22 U.S.C. 5956), relating to

20 semiannual reports on Cooperative Threat Reduc21 tion.

22 (B) Section 1203 of the National Defense Au23 thorization Act for Fiscal Year 1995 (Public Law

24 103–337; 108 Stat. 2882), relating to a report ac-
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1 counting for United States for Cooperative Threat

2 Reduction.

3 (C) Section 1205 of the National Defense Au4 thorization Act for Fiscal Year 1995 (108 Stat.

5 2883; 10 U.S.C. 5952 note), relating to multiyear

6 planning and Allied support for Cooperative Threat

7 Reduction.

8 (D) Section 1206 of the National Defense Au9 thorization Act for Fiscal Year 1996 (Public Law

10 104–106; 22 U.S.C. 5955 note), relating to account11 ing for United States assistance for Cooperative

12 Threat Reduction.

13 (E) Section 1307 of the National Defense Au14 thorization Act for Fiscal Year 2000 (Public Law

15 106–65; 113 Stat. 795), relating to a limitation on

16 use of funds for Cooperative Threat Reduction pend17 ing submittal of a multiyear plan.

18 (2) Section 1312 of the National Defense Authoriza19 tion Act for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C.

20 5955 note), relating to Russian nonstrategic nuclear arms,

21 is amended—

22 (A) by striking ‘‘(a) SENSE OF CONGRESS.—’’;

23 and

24 (B) by striking subsections (b) and (c).
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1 SEC. 1208. LIMITATION ON USE OF FUNDS FOR CONSTRUC2 TION OF A RUSSIAN FACILITY FOR THE DE3 STRUCTION OF CHEMICAL WEAPONS.

4 Section 1305 of the National Defense Authorization

5 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

6 794; 22 U.S.C. 5952 note) is amended to read as follows:

7 ‘‘SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL

8 WEAPONS DESTRUCTION.

9 ‘‘(a) LIMITATION.—No fiscal year 2000 Cooperative

10 Threat Reduction funds, and no funds appropriated for

11 Cooperative Threat Reduction programs after the date of

12 the enactment of this Act, may be obligated or expended

13 for any fiscal year for the purpose of the construction of

14 the Shchuch’ye chemical weapons destruction facility in

15 Russia before the date that is 30 days after the Secretary

16 of Defense certifies in writing to the Committees on

17 Armed Services of the Senate and the House of Represent18 atives for that fiscal year that each of the following condi19 tions has been met:

20 ‘‘(1) That the government of the Russian Fed21 eration has agreed to provide at least $25,000,000

22 annually for the construction support and operation

23 of the facility to destroy chemical weapons and for

24 the support and maintenance of the facility for that

25 purpose for each year of the entire operating life26 cycle of the facility.
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1 ‘‘(2) That the government of the Russian Fed2 eration has agreed to utilize the facility to destroy

3 the remaining four stockpiles of nerve agents, which

4 are located at Kisner, Pochep, Leonidovka, and

5 Maradykovsky.

6 ‘‘(3) That the United States has obtained

7 multiyear commitments from governments of other

8 countries to donate funds for the support of essen9 tial social infrastructure projects for Shchuch’ye in

10 sufficient amounts to ensure that the projects are

11 adequately maintained during the entire operating

12 life-cycle of the facility.

13 ‘‘(4) That Russia has agreed to destroy its

14 chemical weapons production facilities at Volgograd

15 and Novocheboksark.

16 ‘‘(b) TIMING OF CERTIFICATIONS.—The certification

17 under subsection (a) for any fiscal year shall be submitted

18 prior to the obligation of funds in such fiscal year for the

19 purpose specified in that subsection.’’.

20 SEC. 1209. LIMITATION ON USE OF FUNDS FOR ELIMI21 NATION OF WEAPONS GRADE PLUTONIUM

22 PROGRAM.

23 Of the amounts authorized to be appropriated by this

24 Act for fiscal year 2001 for the Elimination of Weapons

25 Grade Plutonium Program, not more than 50 percent of
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1 such amounts may be obligated or expended for the pro2 gram in fiscal year 2001 until 30 days after the date on

3 which the Secretary of Defense submits to the Committees

4 on Armed Services of the Senate and House of Represent5 atives a report on an agreement between the United States

6 Government and the Government of the Russian Federa7 tion regarding a new option selected for the shut down

8 or conversion of the reactors of the Russian Federation

9 that produce weapons grade plutonium, including—

10 (1) the new date on which such reactors will

11 cease production of weapons grade plutonium under

12 such agreement by reason of the shut down or con13 version of such reactors; and

14 (2) any cost-sharing arrangements between the

15 United States Government and the Government of

16 the Russian Federation in undertaking activities

17 under such agreement.

18 SEC. 1210. SENSE OF CONGRESS REGARDING THE USE OF

19 CHILDREN AS SOLDIERS.

20 (a) FINDINGS.—Congress finds that—

21 (1) in the year 2000 approximately 300,000 in22 dividuals under the age of 18 are participating in

23 armed conflict in more than 30 countries worldwide;

24 (2) many of these children are forcibly con25 scripted through kidnapping or coercion, while oth-
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1 ers join military units due to economic necessity, to

2 avenge the loss of a family member, or for their own

3 personal safety;

4 (3) many military commanders frequently force

5 child soldiers to commit gruesome acts of ritual

6 killings or torture against their enemies, including

7 against other children;

8 (4) many military commanders separate chil9 dren from their families in order to foster depend10 ence on military units and leaders, leaving children

11 vulnerable to manipulation, deep traumatization, and

12 in need of psychological counseling and rehabilita13 tion;

14 (5) child soldiers are exposed to hazardous con15 ditions and risk physical injuries, sexually trans16 mitted diseases, malnutrition, deformed backs and

17 shoulders from carrying overweight loads, and res18 piratory and skin infections;

19 (6) many young female soldiers face the addi20 tional psychological and physical horrors of rape and

21 sexual abuse, being enslaved for sexual purposes by

22 militia commanders, and forced to endure severe so23 cial stigma should they return home;

24 (7) children in northern Uganda continue to be

25 kidnapped by the Lords Resistance Army (LRA),
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1 which is supported and funded by the Government

2 of Sudan and which has committed and continues to

3 commit gross human rights violations in Uganda;

4 (8) children in Sri Lanka have been forcibly re5 cruited by the opposition Tamil Tigers movement

6 and forced to kill or be killed in the armed conflict

7 in that country;

8 (9) an estimated 7,000 child soldiers have been

9 involved in the conflict in Sierra Leone, some as

10 young as age 10, with many being forced to commit

11 extrajudicial executions, torture, rape, and amputa12 tions for the rebel Revolutionary United Front;

13 (10) on January 21, 2000, in Geneva, a United

14 Nations Working Group, including representatives

15 from more than 80 governments including the

16 United States, reached consensus on an optional

17 protocol on the use of child soldiers;

18 (11) this optional protocol will raise the inter19 national minimum age for conscription and direct

20 participation in armed conflict to age eighteen, pro21 hibit the recruitment and use in armed conflict of

22 persons under the age of eighteen by non-govern23 mental armed forces, encourage governments to

24 raise the minimum legal age for voluntary recruits

25 above the current standard of 15 and, commits gov-
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1 ernments to support the demobilization and rehabili2 tation of child soldiers, and when possible, to allo3 cate resources to this purpose;

4 (12) on October 29, 1998, United Nations Sec5 retary General Kofi Annan set minimum age re6 quirements for United Nations peacekeeping per7 sonnel that are made available by member nations of

8 the United Nations;

9 (13) United Nations Under-Secretary General

10 for Peace-keeping, Bernard Miyet, announced in the

11 Fourth Committee of the General Assembly that

12 contributing governments of member nations were

13 asked not to send civilian police and military observ14 ers under the age of 25, and that troops in national

15 contingents should preferably be at least 21 years of

16 age but in no case should they be younger than 18

17 years of age;

18 (14) on August 25, 1999, the United Nations

19 Security Council unanimously passed Resolution

20 1261 (1999) condemning the use of children in

21 armed conflicts;

22 (15) in addressing the Security Council, the

23 Special Representative of the Secretary General for

24 Children and Armed Conflict, Olara Otunnu, urged

25 the adoption of a global three-pronged approach to
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1 combat the use of children in armed conflict, first to

2 raise the age limit for recruitment and participation

3 in armed conflict from the present age of 15 to the

4 age of 18, second, to increase international pressure

5 on armed groups which currently abuse children,

6 and third to address the political, social, and eco7 nomic factors which create an environment where

8 children are induced by appeal of ideology or by

9 socio-economic collapse to become child soldiers;

10 (16) the United States delegation to the United

11 Nations working group relating to child soldiers,

12 which included representatives from the Department

13 of Defense, supported the Geneva agreement on the

14 optional protocol;

15 (17) on May 25, 2000, the United Nations

16 General Assembly unanimously adopted the optional

17 protocol on the use of child soldiers;

18 (18) the optional protocol was opened for signa19 ture on June 5, 2000; and

20 (17) President Clinton has publicly announced

21 his support of the optional protocol and a speedy

22 process of review and signature.

23 (b) SENSE OF CONGRESS.—(1) Congress joins the

24 international community in—
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1 (A) condemning the use of children as soldiers

2 by governmental and nongovernmental armed forces

3 worldwide; and

4 (B) welcoming the optional protocol as a critical

5 first step in ending the use of children as soldiers.

6 (2) It is the sense of Congress that—

7 (A) it is essential that the President consult

8 closely with the Senate with the objective of building

9 support for this protocol, and the Senate move for10 ward as expeditiously as possible.

11 (B) the President and Congress should work to12 gether to enact a law that establishes a fund for the

13 rehabilitation and reintegration into society of child

14 soldiers; and

15 (C) the Departments of State and Defense

16 should undertake all possible efforts to persuade and

17 encourage other governments to ratify and endorse

18 the new optional protocol on the use of child sol19 diers.

20 SEC. 1211. SUPPORT OF CONSULTATIONS ON ARAB AND

21 ISRAELI ARMS CONTROL AND REGIONAL SE22 CURITY ISSUES.

23 Of the amount authorized to be appropriated by sec24 tion 301(5), up to $1,000,000 is available for the support

25 of programs to promote informal region-wide consultations
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1 among Arab, Israeli, and United States officials and ex2 perts on arms control and security issues concerning the

3 Middle East region.

4 SEC. 1212. AUTHORITY TO CONSENT TO RETRANSFER OF

5 ALTERNATIVE FORMER NAVAL VESSEL BY

6 GOVERNMENT OF GREECE.

7 Section 1012 of the National Defense Authorization

8 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

9 740) is amended—

10 (1) in subsection (a), by inserting after ‘‘HS

11 Rodos (ex-USS BOWMAN COUNTY (LST 391))’’

12 the following: ‘‘, LST 325, or any other former

13 United States LST that is excess to the needs of

14 that government’’; and

15 (2) in subsection (b)(1), by inserting ‘‘retrans16 ferred under subsection (a)’’ after ‘‘the vessel’’.

17 SEC. 1213. UNITED STATES-RUSSIAN FEDERATION JOINT

18 DATA EXCHANGE CENTER ON EARLY WARN19 ING SYSTEMS AND NOTIFICATION OF MISSILE

20 LAUNCHES.

21 (a) AUTHORITY.—The Secretary of Defense is au22 thorized to establish, in conjunction with the Government

23 of the Russian Federation, a United States-Russian Fed24 eration joint center for the exchange of data from early

25 warning systems and for notification of missile launches.
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1 (b) SPECIFIC ACTIONS.—The actions that the Sec2 retary jointly undertakes for the establishment of the cen3 ter may include the renovation of a mutually agreed upon

4 facility to be made available by the Russian Federation

5 and the provision of such equipment and supplies as may

6 be necessary to commence the operation of the center.

7 SEC. 1214. ADJUSTMENT OF COMPOSITE THEORETICAL

8 PERFORMANCE LEVELS OF HIGH PERFORM9 ANCE COMPUTERS.

10 (a) LAYOVER PERIOD FOR NEW PERFORMANCE LEV11 ELS.—Section 1211 of the National Defense Authoriza12 tion Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note)

13 is amended—

14 (1) in the second sentence of subsection (d), by

15 striking ‘‘180’’ and inserting ‘‘60’’; and

16 (2) by adding at the end the following:

17 ‘‘(g) CALCULATION OF 60-DAY PERIOD.—The 60-

18 day period referred to in subsection (d) shall be calculated

19 by excluding the days on which either House of Congress

20 is not in session because of an adjournment of the Con21 gress sine die.’’.

22 (b) EFFECTIVE DATE.—The amendments made by

23 subsection (a) shall apply to any new composite theoretical

24 performance level established for purposes of section

25 1211(a) of the National Defense Authorization Act for
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1 Fiscal Year 1998 that is submitted by the President pur2 suant to section 1211(d) of that Act on or after the date

3 of the enactment of this Act.

4 TITLE XIII—NAVY ACTIVITIES ON

5 THE ISLAND OF VIEQUES,

6 PUERTO RICO

7 SEC. 1301. ASSISTANCE FOR ECONOMIC GROWTH ON

8 VIEQUES.

9 (a) AUTHORITY.—The President may provide eco10 nomic assistance under this section for the people and

11 communities of the island of Vieques.

12 (b) MAXIMUM AMOUNT.—The total amount of eco13 nomic assistance provided under this section may, subject

14 to section 1303(b), be any amount up to $40,000,000.

15 SEC. 1302. REQUIREMENT FOR REFERENDUM ON CONTINU16 ATION OF NAVY TRAINING.

17 (a) REFERENDUM.—

18 (1) REQUIREMENT.—The President shall, ex19 cept as provided in paragraph (2), provide for a ref20 erendum to be conducted on the island of Vieques to

21 determine by a majority of the votes cast in the ref22 erendum by the Vieques electorate whether the peo23 ple of Vieques approve or disapprove of the continu24 ation of the conduct of live-fire training, and any

25 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.

9 TITLE XIV—GOVERNMENT IN10 FORMATION SECURITY RE11 FORM

12 SEC. 1401. SHORT TITLE.

13 This title may be cited as the ‘‘Government Informa14 tion Security Act’’.

15 SEC. 1402. COORDINATION OF FEDERAL INFORMATION

16 POLICY.

17 Chapter 35 of title 44, United States Code, is amend18 ed by inserting at the end the following:

19 ‘‘SUBCHAPTER II—INFORMATION SECURITY

20 ‘‘§ 3531. Purposes

21 ‘‘The purposes of this subchapter are to—

22 ‘‘(1) provide a comprehensive framework for es23 tablishing and ensuring the effectiveness of controls

24 over information resources that support Federal op25 erations and assets;
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1 ‘‘(2)(A) recognize the highly networked nature

2 of the Federal computing environment including the

3 need for Federal Government interoperability and, in

4 the implementation of improved security manage5 ment measures, assure that opportunities for inter6 operability are not adversely affected; and

7 ‘‘(B) provide effective governmentwide manage8 ment and oversight of the related information secu9 rity risks, including coordination of information se10 curity efforts throughout the civilian, national secu11 rity, and law enforcement communities;

12 ‘‘(3) provide for development and maintenance

13 of minimum controls required to protect Federal in14 formation and information systems; and

15 ‘‘(4) provide a mechanism for improved over16 sight of Federal agency information security pro17 grams.

18 ‘‘§ 3532. Definitions

19 ‘‘(a) Except as provided under subsection (b), the

20 definitions under section 3502 shall apply to this sub21 chapter.

22 ‘‘(b) As used in this subchapter the term—

23 ‘‘(1) ‘information technology’ has the meaning

24 given that term in section 5002 of the Clinger-Cohen

25 Act of 1996 (40 U.S.C. 1401); and
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1 ‘‘(2) ‘mission critical system’ means any tele2 communications or information system used or oper3 ated by an agency or by a contractor of an agency,

4 or other organization on behalf of an agency, that—

5 ‘‘(A) is defined as a national security sys6 tem under section 5142 of the Clinger-Cohen

7 Act of 1996 (40 U.S.C. 1452);

8 ‘‘(B) is protected at all times by proce9 dures established for information which has

10 been specifically authorized under criteria es11 tablished by an Executive order or an Act of

12 Congress to be classified in the interest of na13 tional defense or foreign policy; or

14 ‘‘(C) processes any information, the loss,

15 misuse, disclosure, or unauthorized access to or

16 modification of, would have a debilitating im17 pact on the mission of an agency.

18 ‘‘§ 3533. Authority and functions of the Director

19 ‘‘(a)(1) The Director shall establish governmentwide

20 policies for the management of programs that—

21 ‘‘(A) support the cost-effective security of Fed22 eral information systems by promoting security as

23 an integral component of each agency’s business op24 erations; and
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1 ‘‘(B) include information technology architec2 tures as defined under section 5125 of the Clinger3 Cohen Act of 1996 (40 U.S.C. 1425).

4 ‘‘(2) Policies under this subsection shall—

5 ‘‘(A) be founded on a continuing risk manage6 ment cycle that recognizes the need to—

7 ‘‘(i) identify, assess, and understand risk;

8 and

9 ‘‘(ii) determine security needs commensu10 rate with the level of risk;

11 ‘‘(B) implement controls that adequately ad12 dress the risk;

13 ‘‘(C) promote continuing awareness of informa14 tion security risk; and

15 ‘‘(D) continually monitor and evaluate policy

16 and control effectiveness of information security

17 practices.

18 ‘‘(b) The authority under subsection (a) includes the

19 authority to—

20 ‘‘(1) oversee and develop policies, principles,

21 standards, and guidelines for the handling of Fed22 eral information and information resources to im23 prove the efficiency and effectiveness of govern24 mental operations, including principles, policies, and

25 guidelines for the implementation of agency respon-
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1 sibilities under applicable law for ensuring the pri2 vacy, confidentiality, and security of Federal infor3 mation;

4 ‘‘(2) consistent with the standards and guide5 lines promulgated under section 5131 of the Clinger6 Cohen Act of 1996 (40 U.S.C. 1441) and sections

7 5 and 6 of the Computer Security Act of 1987 (40

8 U.S.C. 1441 note; Public Law 100–235; 101 Stat.

9 1729), require Federal agencies to identify and af10 ford security protections commensurate with the risk

11 and magnitude of the harm resulting from the loss,

12 misuse, or unauthorized access to or modification of

13 information collected or maintained by or on behalf

14 of an agency;

15 ‘‘(3) direct the heads of agencies to—

16 ‘‘(A) identify, use, and share best security

17 practices;

18 ‘‘(B) develop an agency-wide information

19 security plan;

20 ‘‘(C) incorporate information security prin21 ciples and practices throughout the life cycles of

22 the agency’s information systems; and

23 ‘‘(D) ensure that the agency’s information

24 security plan is practiced throughout all life cy25 cles of the agency’s information systems;
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1 ‘‘(4) oversee the development and implementa2 tion of standards and guidelines relating to security

3 controls for Federal computer systems by the Sec4 retary of Commerce through the National Institute

5 of Standards and Technology under section 5131 of

6 the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)

7 and section 20 of the National Institute of Stand8 ards and Technology Act (15 U.S.C. 278g–3);

9 ‘‘(5) oversee and coordinate compliance with

10 this section in a manner consistent with—

11 ‘‘(A) sections 552 and 552a of title 5;

12 ‘‘(B) sections 20 and 21 of the National

13 Institute of Standards and Technology Act (15

14 U.S.C. 278g–3 and 278g–4);

15 ‘‘(C) section 5131 of the Clinger-Cohen

16 Act of 1996 (40 U.S.C. 1441);

17 ‘‘(D) sections 5 and 6 of the Computer Se18 curity Act of 1987 (40 U.S.C. 1441 note; Pub19 lic Law 100–235; 101 Stat. 1729); and

20 ‘‘(E) related information management

21 laws; and

22 ‘‘(6) take any authorized action under section

23 5113(b)(5) of the Clinger-Cohen Act of 1996 (40

24 U.S.C. 1413(b)(5)) that the Director considers ap25 propriate, including any action involving the budg-
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1 etary process or appropriations management process,

2 to enforce accountability of the head of an agency

3 for information resources management, including the

4 requirements of this subchapter, and for the invest5 ments made by the agency in information tech6 nology, including—

7 ‘‘(A) recommending a reduction or an in8 crease in any amount for information resources

9 that the head of the agency proposes for the

10 budget submitted to Congress under section

11 1105(a) of title 31;

12 ‘‘(B) reducing or otherwise adjusting ap13 portionments and reapportionments of appro14 priations for information resources; and

15 ‘‘(C) using other authorized administrative

16 controls over appropriations to restrict the

17 availability of funds for information resources.

18 ‘‘(c) The authorities of the Director under this sec19 tion may be delegated—

20 ‘‘(1) to the Secretary of Defense, the Director

21 of Central Intelligence, and other agency head as

22 designated by the President in the case of systems

23 described under subparagraphs (A) and (B) of sec24 tion 3532(b)(2); and
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1 ‘‘(2) in the case of all other Federal informa2 tion systems, only to the Deputy Director for Man3 agement of the Office of Management and Budget.

4 ‘‘§ 3534. Federal agency responsibilities

5 ‘‘(a) The head of each agency shall—

6 ‘‘(1) be responsible for—

7 ‘‘(A) adequately ensuring the integrity,

8 confidentiality, authenticity, availability, and

9 nonrepudiation of information and information

10 systems supporting agency operations and as11 sets;

12 ‘‘(B) developing and implementing infor13 mation security policies, procedures, and control

14 techniques sufficient to afford security protec15 tions commensurate with the risk and mag16 nitude of the harm resulting from unauthorized

17 disclosure, disruption, modification, or destruc18 tion of information collected or maintained by

19 or for the agency; and

20 ‘‘(C) ensuring that the agency’s informa21 tion security plan is practiced throughout the

22 life cycle of each agency system;

23 ‘‘(2) ensure that appropriate senior agency offi24 cials are responsible for—
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1 ‘‘(A) assessing the information security

2 risks associated with the operations and assets

3 for programs and systems over which such offi4 cials have control;

5 ‘‘(B) determining the levels of information

6 security appropriate to protect such operations

7 and assets; and

8 ‘‘(C) periodically testing and evaluating in9 formation security controls and techniques;

10 ‘‘(3) delegate to the agency Chief Information

11 Officer established under section 3506, or a com12 parable official in an agency not covered by such

13 section, the authority to administer all functions

14 under this subchapter including—

15 ‘‘(A) designating a senior agency informa16 tion security official who shall report to the

17 Chief Information Officer or a comparable offi18 cial;

19 ‘‘(B) developing and maintaining an agen20 cywide information security program as re21 quired under subsection (b);

22 ‘‘(C) ensuring that the agency effectively

23 implements and maintains information security

24 policies, procedures, and control techniques;
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1 ‘‘(D) training and overseeing personnel

2 with significant responsibilities for information

3 security with respect to such responsibilities;

4 and

5 ‘‘(E) assisting senior agency officials con6 cerning responsibilities under paragraph (2);

7 ‘‘(4) ensure that the agency has trained per8 sonnel sufficient to assist the agency in complying

9 with the requirements of this subchapter and related

10 policies, procedures, standards, and guidelines; and

11 ‘‘(5) ensure that the agency Chief Information

12 Officer, in coordination with senior agency officials,

13 periodically—

14 ‘‘(A)(i) evaluates the effectiveness of the

15 agency information security program, including

16 testing control techniques; and

17 ‘‘(ii) implements appropriate remedial ac18 tions based on that evaluation; and

19 ‘‘(B) reports to the agency head on—

20 ‘‘(i) the results of such tests and eval21 uations; and

22 ‘‘(ii) the progress of remedial actions.

23 ‘‘(b)(1) Each agency shall develop and implement an

24 agencywide information security program to provide infor25 mation security for the operations and assets of the agen-
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1 cy, including operations and assets provided or managed

2 by another agency.

3 ‘‘(2) Each program under this subsection shall

4 include—

5 ‘‘(A) periodic risk assessments that consider in6 ternal and external threats to—

7 ‘‘(i) the integrity, confidentiality, and

8 availability of systems; and

9 ‘‘(ii) data supporting critical operations

10 and assets;

11 ‘‘(B) policies and procedures that—

12 ‘‘(i) are based on the risk assessments re13 quired under subparagraph (A) that cost-effec14 tively reduce information security risks to an

15 acceptable level; and

16 ‘‘(ii) ensure compliance with—

17 ‘‘(I) the requirements of this sub18 chapter;

19 ‘‘(II) policies and procedures as may

20 be prescribed by the Director; and

21 ‘‘(III) any other applicable require22 ments;

23 ‘‘(C) security awareness training to inform per24 sonnel of—
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1 ‘‘(i) information security risks associated

2 with the activities of personnel; and

3 ‘‘(ii) responsibilities of personnel in com4 plying with agency policies and procedures de5 signed to reduce such risks;

6 ‘‘(D)(i) periodic management testing and eval7 uation of the effectiveness of information security

8 policies and procedures; and

9 ‘‘(ii) a process for ensuring remedial action to

10 address any significant deficiencies; and

11 ‘‘(E) procedures for detecting, reporting, and

12 responding to security incidents, including—

13 ‘‘(i) mitigating risks associated with such

14 incidents before substantial damage occurs;

15 ‘‘(ii) notifying and consulting with law en16 forcement officials and other offices and au17 thorities;

18 ‘‘(iii) notifying and consulting with an of19 fice designated by the Administrator of General

20 Services within the General Services Adminis21 tration; and

22 ‘‘(iv) notifying and consulting with an of23 fice designated by the Secretary of Defense, the

24 Director of Central Intelligence, and other

25 agency head as designated by the President for
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1 incidents involving systems described under

2 subparagraphs (A) and (B) of section

3 3532(b)(2).

4 ‘‘(3) Each program under this subsection is subject

5 to the approval of the Director and is required to be re6 viewed at least annually by agency program officials in

7 consultation with the Chief Information Officer. In the

8 case of systems described under subparagraphs (A) and

9 (B) of section 3532(b)(2), the Director shall delegate ap10 proval authority under this paragraph to the Secretary of

11 Defense, the Director of Central Intelligence, and other

12 agency head as designated by the President.

13 ‘‘(c)(1) Each agency shall examine the adequacy and

14 effectiveness of information security policies, procedures,

15 and practices in plans and reports relating to—

16 ‘‘(A) annual agency budgets;

17 ‘‘(B) information resources management under

18 the Paperwork Reduction Act of 1995 (44 U.S.C.

19 101 note);

20 ‘‘(C) performance and results based manage21 ment under the Clinger-Cohen Act of 1996 (40

22 U.S.C. 1401 et seq.);

23 ‘‘(D) program performance under sections 1105

24 and 1115 through 1119 of title 31, and sections

25 2801 through 2805 of title 39; and
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1 ‘‘(E) financial management under—

2 ‘‘(i) chapter 9 of title 31, United States

3 Code, and the Chief Financial Officers Act of

4 1990 (31 U.S.C. 501 note; Public Law 101–

5 576) (and the amendments made by that Act);

6 ‘‘(ii) the Federal Financial Management

7 Improvement Act of 1996 (31 U.S.C. 3512

8 note) (and the amendments made by that Act);

9 and

10 ‘‘(iii) the internal controls conducted under

11 section 3512 of title 31.

12 ‘‘(2) Any significant deficiency in a policy, procedure,

13 or practice identified under paragraph (1) shall be re14 ported as a material weakness in reporting required under

15 the applicable provision of law under paragraph (1).

16 ‘‘(d)(1) In addition to the requirements of subsection

17 (c), each agency, in consultation with the Chief Informa18 tion Officer, shall include as part of the performance plan

19 required under section 1115 of title 31 a description of—

20 ‘‘(A) the time periods; and

21 ‘‘(B) the resources, including budget, staffing,

22 and training,

23 which are necessary to implement the program required

24 under subsection (b)(1).
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1 ‘‘(2) The description under paragraph (1) shall be

2 based on the risk assessment required under subsection

3 (b)(2)(A).

4 ‘‘§ 3535. Annual independent evaluation

5 ‘‘(a)(1) Each year each agency shall have performed

6 an independent evaluation of the information security pro7 gram and practices of that agency.

8 ‘‘(2) Each evaluation under this section shall

9 include—

10 ‘‘(A) an assessment of compliance with—

11 ‘‘(i) the requirements of this subchapter;

12 and

13 ‘‘(ii) related information security policies,

14 procedures, standards, and guidelines; and

15 ‘‘(B) tests of the effectiveness of information

16 security control techniques.

17 ‘‘(3) The Inspector General or the independent eval18 uator performing an evaluation under this section includ19 ing the Comptroller General may use any audit, evalua20 tion, or report relating to programs or practices of the

21 applicable agency.

22 ‘‘(b)(1)(A) Subject to subparagraph (B), for agencies

23 with Inspectors General appointed under the Inspector

24 General Act of 1978 (5 U.S.C. App.) or any other law,

25 the annual evaluation required under this section or, in
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1 the case of systems described under subparagraphs (A)

2 and (B) of section 3532(b)(2), an audit of the annual eval3 uation required under this section, shall be performed by

4 the Inspector General or by an independent evaluator, as

5 determined by the Inspector General of the agency.

6 ‘‘(B) For systems described under subparagraphs (A)

7 and (B) of section 3532(b)(2), the evaluation required

8 under this section shall be performed only by an entity

9 designated by the Secretary of Defense, the Director of

10 Central Intelligence, or other agency head as designated

11 by the President.

12 ‘‘(2) For any agency to which paragraph (1) does not

13 apply, the head of the agency shall contract with an inde14 pendent evaluator to perform the evaluation.

15 ‘‘(3) An evaluation of agency information security

16 programs and practices performed by the Comptroller

17 General may be in lieu of the evaluation required under

18 this section.

19 ‘‘(c) Not later than 1 year after the date of enactment

20 of this subchapter, and on that date every year thereafter,

21 the applicable agency head shall submit to the Director—

22 ‘‘(1) the results of each evaluation required

23 under this section, other than an evaluation of a sys24 tem described under subparagraph (A) or (B) of sec25 tion 3532(b)(2); and
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1 ‘‘(2) the results of each audit of an evaluation

2 required under this section of a system described

3 under subparagraph (A) or (B) of section

4 3532(b)(2).

5 ‘‘(d)(1) Each year the Comptroller General shall

6 review—

7 ‘‘(A) the evaluations required under this section

8 (other than an evaluation of a system described

9 under subparagraph (A) or (B) of section

10 3532(b)(2));

11 ‘‘(B) the results of each audit of an evaluation

12 required under this section of a system described

13 under subparagraph (A) or (B) of section

14 3532(b)(2); and

15 ‘‘(C) other information security evaluation re16 sults.

17 ‘‘(2) The Comptroller General shall report to Con18 gress regarding the results of the review required under

19 paragraph (1) and the adequacy of agency information

20 programs and practices.

21 ‘‘(3) Evaluations and audits of evaluations of systems

22 under the authority and control of the Director of Central

23 Intelligence and evaluations and audits of evaluation of

24 National Foreign Intelligence Programs systems under the

25 authority and control of the Secretary of Defense—
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1 ‘‘(A) shall not be provided to the Comptroller

2 General under this subsection; and

3 ‘‘(B) shall be made available only to the appro4 priate oversight committees of Congress, in accord5 ance with applicable laws.

6 ‘‘(e) Agencies and evaluators shall take appropriate

7 actions to ensure the protection of information, the disclo8 sure of which may adversely affect information security.

9 Such protections shall be commensurate with the risk and

10 comply with all applicable laws.’’.

11 SEC. 1403. RESPONSIBILITIES OF CERTAIN AGENCIES.

12 (a) DEPARTMENT OF COMMERCE.—Notwithstanding

13 section 20 of the National Institute of Standards and

14 Technology Act (15 U.S.C. 278g–3) and except as pro15 vided under subsection (b), the Secretary of Commerce,

16 through the National Institute of Standards and Tech17 nology and with technical assistance from the National Se18 curity Agency, as required or when requested, shall—

19 (1) develop, issue, review, and update standards

20 and guidance for the security of Federal information

21 systems, including development of methods and tech22 niques for security systems and validation programs;

23 (2) develop, issue, review, and update guidelines

24 for training in computer security awareness and ac-
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1 cepted computer security practices, with assistance

2 from the Office of Personnel Management;

3 (3) provide agencies with guidance for security

4 planning to assist in the development of applications

5 and system security plans for such agencies;

6 (4) provide guidance and assistance to agencies

7 concerning cost-effective controls when inter8 connecting with other systems; and

9 (5) evaluate information technologies to assess

10 security vulnerabilities and alert Federal agencies of

11 such vulnerabilities as soon as those vulnerabilities

12 are known.

13 (b) DEPARTMENT OF DEFENSE AND THE INTEL14 LIGENCE COMMUNITY.—

15 (1) IN GENERAL.—Notwithstanding section

16 3533 of title 44, United States Code (as added by

17 section 1402 of this Act), the Secretary of Defense,

18 the Director of Central Intelligence, and other agen19 cy head as designated by the President, shall, con20 sistent with their respective authorities—

21 (A) develop and issue information security

22 policies, standards, and guidelines for systems

23 described under subparagraphs (A) and (B) of

24 section 3532(b)(2) of title 44, United States

25 Code (as added by section 1402 of this Act),
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1 that provide more stringent protection than the

2 policies, principles, standards, and guidelines

3 required under section 3533 of such title; and

4 (B) ensure the implementation of the in5 formation security policies, principles, stand6 ards, and guidelines described under subpara7 graph (A).

8 (2) MEASURES ADDRESSED.—The policies,

9 principles, standards, and guidelines developed by

10 the Secretary of Defense and the Director of Central

11 Intelligence under paragraph (1) shall address the

12 full range of information assurance measures needed

13 to protect and defend Federal information and infor14 mation systems by ensuring their integrity, confiden15 tiality, authenticity, availability, and nonrepudiation.

16 (c) DEPARTMENT OF JUSTICE.—The Department of

17 Justice shall review and update guidance to agencies on—

18 (1) legal remedies regarding security incidents

19 and ways to report to and work with law enforce20 ment agencies concerning such incidents; and

21 (2) lawful uses of security techniques and tech22 nologies.

23 (d) GENERAL SERVICES ADMINISTRATION.—The

24 General Services Administration shall—
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1 (1) review and update General Services Admin2 istration guidance to agencies on addressing security

3 considerations when acquiring information tech4 nology; and

5 (2) assist agencies in—

6 (A) fulfilling agency responsibilities under

7 section 3534(b)(2)(E) of title 44, United States

8 Code (as added by section 1402 of this Act);

9 and

10 (B) the acquisition of cost-effective secu11 rity products, services, and incident response

12 capabilities.

13 (e) OFFICE OF PERSONNEL MANAGEMENT.—The Of14 fice of Personnel Management shall—

15 (1) review and update Office of Personnel Man16 agement regulations concerning computer security

17 training for Federal civilian employees;

18 (2) assist the Department of Commerce in up19 dating and maintaining guidelines for training in

20 computer security awareness and computer security

21 best practices; and

22 (3) work with the National Science Foundation

23 and other agencies on personnel and training initia24 tives (including scholarships and fellowships, as au-
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1 thorized by law) as necessary to ensure that the

2 Federal Government—

3 (A) has adequate sources of continuing in4 formation security education and training avail5 able for employees; and

6 (B) has an adequate supply of qualified in7 formation security professionals to meet agency

8 needs.

9 (f) INFORMATION SECURITY POLICIES, PRINCIPLES,

10 STANDARDS, AND GUIDELINES.—

11 (1) IN GENERAL.—Notwithstanding any provi12 sion of this title (including any amendment made by

13 this title)—

14 (A) the Secretary of Defense, the Director

15 of Central Intelligence, and other agency head

16 as designated by the President shall develop

17 such policies, principles, standards, and guide18 lines for mission critical systems subject to

19 their control;

20 (B) the policies, principles, standards, and

21 guidelines developed by the Secretary of De22 fense, the Director of Central Intelligence, and

23 other agency head as designated by the Presi24 dent may be adopted, to the extent that such

25 policies are consistent with policies and guid-
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1 ance developed by the Director of the Office of

2 Management and Budget and the Secretary of

3 Commerce—

4 (i) by the Director of the Office of

5 Management and Budget, as appropriate,

6 to the mission critical systems of all agen7 cies; or

8 (ii) by an agency head, as appro9 priate, to the mission critical systems of

10 that agency; and

11 (C) to the extent that such policies are

12 consistent with policies and guidance developed

13 by the Director of the Office of Management

14 and Budget and the Secretary of Commerce, an

15 agency may develop and implement information

16 security policies, principles, standards, and

17 guidelines that provide more stringent protec18 tion than those required under section 3533 of

19 title 44, United States Code (as added by sec20 tion 1402 of this Act), or subsection (a) of this

21 section.

22 (2) MEASURES ADDRESSED.—The policies,

23 principles, standards, and guidelines developed by

24 the Secretary of Defense and the Director of Central

25 Intelligence under paragraph (1) shall address the
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1 full range of information assurance measures needed

2 to protect and defend Federal information and infor3 mation systems by ensuring their integrity, confiden4 tiality, authenticity, availability, and nonrepudiation.

5 (g) ATOMIC ENERGY ACT OF 1954.—Nothing in this

6 title (including any amendment made by this title) shall

7 supersede any requirement made by or under the Atomic

8 Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted

9 Data or Formerly Restricted Data shall be handled, pro10 tected, classified, downgraded, and declassified in con11 formity with the Atomic Energy Act of 1954 (42 U.S.C.

12 2011 et seq.).

13 SEC. 1404. TECHNICAL AND CONFORMING AMENDMENTS.

14 (a) IN GENERAL.—Chapter 35 of title 44, United

15 States Code, is amended—

16 (1) in the table of sections—

17 (A) by inserting after the chapter heading

18 the following:

19 ‘‘SUBCHAPTER I—FEDERAL INFORMATION

20 POLICY’’;

21 and

22 (B) by inserting after the item relating to

23 section 3520 the following:

24 ‘‘SUBCHAPTER II—INFORMATION SECURITY

‘‘Sec.

‘‘3531. Purposes.
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‘‘3532. Definitions.

‘‘3533. Authority and functions of the Director.

‘‘3534. Federal agency responsibilities.

‘‘3535. Annual independent evaluation.’’;

1 and

2 (2) by inserting before section 3501 the fol3 lowing:

4 ‘‘SUBCHAPTER I—FEDERAL INFORMATION

5 POLICY’’.

6 (b) REFERENCES TO CHAPTER 35.—Chapter 35 of

7 title 44, United States Code, is amended—

8 (1) in section 3501—

9 (A) in the matter preceding paragraph (1),

10 by striking ‘‘chapter’’ and inserting ‘‘sub11 chapter’’; and

12 (B) in paragraph (11), by striking ‘‘chap13 ter’’ and inserting ‘‘subchapter’’;

14 (2) in section 3502, in the matter preceding

15 paragraph (1), by striking ‘‘chapter’’ and inserting

16 ‘‘subchapter’’;

17 (3) in section 3503, in subsection (b), by strik18 ing ‘‘chapter’’ and inserting ‘‘subchapter’’;

19 (4) in section 3504—

20 (A) in subsection (a)(2), by striking ‘‘chap21 ter’’ and inserting ‘‘subchapter’’;

22 (B) in subsection (d)(2), by striking

23 ‘‘chapter’’ and inserting ‘‘subchapter’’; and
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1 (C) in subsection (f)(1), by striking ‘‘chap2 ter’’ and inserting ‘‘subchapter’’;

3 (5) in section 3505—

4 (A) in subsection (a), in the matter pre5 ceding paragraph (1), by striking ‘‘chapter’’

6 and inserting ‘‘subchapter’’;

7 (B) in subsection (a)(2), by striking ‘‘chap8 ter’’ and inserting ‘‘subchapter’’; and

9 (C) in subsection (a)(3)(B)(iii), by striking

10 ‘‘chapter’’ and inserting ‘‘subchapter’’;

11 (6) in section 3506—

12 (A) in subsection (a)(1)(B), by striking

13 ‘‘chapter’’ and inserting ‘‘subchapter’’;

14 (B) in subsection (a)(2)(A), by striking

15 ‘‘chapter’’ and inserting ‘‘subchapter’’;

16 (C) in subsection (a)(2)(B), by striking

17 ‘‘chapter’’ and inserting ‘‘subchapter’’;

18 (D) in subsection (a)(3)—

19 (i) in the first sentence, by striking

20 ‘‘chapter’’ and inserting ‘‘subchapter’’; and

21 (ii) in the second sentence, by striking

22 ‘‘chapter’’ and inserting ‘‘subchapter’’;

23 (E) in subsection (b)(4), by striking ‘‘chap24 ter’’ and inserting ‘‘subchapter’’;
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1 (F) in subsection (c)(1), by striking ‘‘chap2 ter, to’’ and inserting ‘‘subchapter, to’’; and

3 (G) in subsection (c)(1)(A), by striking

4 ‘‘chapter’’ and inserting ‘‘subchapter’’;

5 (7) in section 3507—

6 (A) in subsection (e)(3)(B), by striking

7 ‘‘chapter’’ and inserting ‘‘subchapter’’;

8 (B) in subsection (h)(2)(B), by striking

9 ‘‘chapter’’ and inserting ‘‘subchapter’’;

10 (C) in subsection (h)(3), by striking ‘‘chap11 ter’’ and inserting ‘‘subchapter’’;

12 (D) in subsection (j)(1)(A)(i), by striking

13 ‘‘chapter’’ and inserting ‘‘subchapter’’;

14 (E) in subsection (j)(1)(B), by striking

15 ‘‘chapter’’ and inserting ‘‘subchapter’’; and

16 (F) in subsection (j)(2), by striking ‘‘chap17 ter’’ and inserting ‘‘subchapter’’;

18 (8) in section 3509, by striking ‘‘chapter’’ and

19 inserting ‘‘subchapter’’;

20 (9) in section 3512—

21 (A) in subsection (a), by striking ‘‘chapter

22 if’’ and inserting ‘‘subchapter if’’; and

23 (B) in subsection (a)(1), by striking ‘‘chap24 ter’’ and inserting ‘‘subchapter’’;

25 (10) in section 3514—
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1 (A) in subsection (a)(1)(A), by striking

2 ‘‘chapter’’ and inserting ‘‘subchapter’’; and

3 (B) in subsection (a)(2)(A)(ii), by striking

4 ‘‘chapter’’ and inserting ‘‘subchapter’’ each

5 place it appears;

6 (11) in section 3515, by striking ‘‘chapter’’ and

7 inserting ‘‘subchapter’’;

8 (12) in section 3516, by striking ‘‘chapter’’ and

9 inserting ‘‘subchapter’’;

10 (13) in section 3517(b), by striking ‘‘chapter’’

11 and inserting ‘‘subchapter’’;

12 (14) in section 3518—

13 (A) in subsection (a), by striking ‘‘chap14 ter’’ and inserting ‘‘subchapter’’ each place it

15 appears;

16 (B) in subsection (b), by striking ‘‘chap17 ter’’ and inserting ‘‘subchapter’’;

18 (C) in subsection (c)(1), by striking ‘‘chap19 ter’’ and inserting ‘‘subchapter’’;

20 (D) in subsection (c)(2), by striking ‘‘chap21 ter’’ and inserting ‘‘subchapter’’;

22 (E) in subsection (d), by striking ‘‘chap23 ter’’ and inserting ‘‘subchapter’’; and

24 (F) in subsection (e), by striking ‘‘chap25 ter’’ and inserting ‘‘subchapter’’; and
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1 (15) in section 3520, by striking ‘‘chapter’’ and

2 inserting ‘‘subchapter’’.

3 SEC. 1405. EFFECTIVE DATE.

4 This title and the amendments made by this title

5 shall take effect 30 days after the date of enactment of

6 this Act.

7 TITLE XV—LOCAL LAW EN8 FORCEMENT ENHANCEMENT

9 ACT OF 2000

10 SEC. 1501. SHORT TITLE.

11 This title may be cited as the ‘‘Local Law Enforce12 ment Enhancement Act of 2000’’.

13 SEC. 1502. FINDINGS.

14 Congress makes the following findings:

15 (1) The incidence of violence motivated by the

16 actual or perceived race, color, religion, national ori17 gin, gender, sexual orientation, or disability of the

18 victim poses a serious national problem.

19 (2) Such violence disrupts the tranquility and

20 safety of communities and is deeply divisive.

21 (3) State and local authorities are now and will

22 continue to be responsible for prosecuting the over23 whelming majority of violent crimes in the United

24 States, including violent crimes motivated by bias.
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1 These authorities can carry out their responsibilities

2 more effectively with greater Federal assistance.

3 (4) Existing Federal law is inadequate to ad4 dress this problem.

5 (5) The prominent characteristic of a violent

6 crime motivated by bias is that it devastates not just

7 the actual victim and the victim’s family and friends,

8 but frequently savages the community sharing the

9 traits that caused the victim to be selected.

10 (6) Such violence substantially affects interstate

11 commerce in many ways, including—

12 (A) by impeding the movement of members

13 of targeted groups and forcing such members to

14 move across State lines to escape the incidence

15 or risk of such violence; and

16 (B) by preventing members of targeted

17 groups from purchasing goods and services, ob18 taining or sustaining employment or partici19 pating in other commercial activity.

20 (7) Perpetrators cross State lines to commit

21 such violence.

22 (8) Channels, facilities, and instrumentalities of

23 interstate commerce are used to facilitate the com24 mission of such violence.
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1 (9) Such violence is committed using articles

2 that have traveled in interstate commerce.

3 (10) For generations, the institutions of slavery

4 and involuntary servitude were defined by the race,

5 color, and ancestry of those held in bondage. Slavery

6 and involuntary servitude were enforced, both prior

7 to and after the adoption of the 13th amendment to

8 the Constitution of the United States, through wide9 spread public and private violence directed at per10 sons because of their race, color, or ancestry, or per11 ceived race, color, or ancestry. Accordingly, elimi12 nating racially motivated violence is an important

13 means of eliminating, to the extent possible, the

14 badges, incidents, and relics of slavery and involun15 tary servitude.

16 (11) Both at the time when the 13th, 14th, and

17 15th amendments to the Constitution of the United

18 States were adopted, and continuing to date, mem19 bers of certain religious and national origin groups

20 were and are perceived to be distinct ‘‘races’’. Thus,

21 in order to eliminate, to the extent possible, the

22 badges, incidents, and relics of slavery, it is nec23 essary to prohibit assaults on the basis of real or

24 perceived religions or national origins, at least to the

25 extent such religions or national origins were re-
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1 garded as races at the time of the adoption of the

2 13th, 14th, and 15th amendments to the Constitu3 tion of the United States.

4 (12) Federal jurisdiction over certain violent

5 crimes motivated by bias enables Federal, State, and

6 local authorities to work together as partners in the

7 investigation and prosecution of such crimes.

8 (13) The problem of crimes motivated by bias

9 is sufficiently serious, widespread, and interstate in

10 nature as to warrant Federal assistance to States

11 and local jurisdictions.

12 SEC. 1503. DEFINITION OF HATE CRIME.

13 In this title, the term ‘‘hate crime’’ has the same

14 meaning as in section 280003(a) of the Violent Crime

15 Control and Law Enforcement Act of 1994 (28 U.S.C.

16 994 note).

17 SEC. 1504. SUPPORT FOR CRIMINAL INVESTIGATIONS AND

18 PROSECUTIONS BY STATE AND LOCAL LAW

19 ENFORCEMENT OFFICIALS.

20 (a) ASSISTANCE OTHER THAN FINANCIAL ASSIST21 ANCE.—

22 (1) IN GENERAL.—At the request of a law en23 forcement official of a State or Indian tribe, the At24 torney General may provide technical, forensic, pros25 ecutorial, or any other form of assistance in the
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1 criminal investigation or prosecution of any crime

2 that—

3 (A) constitutes a crime of violence (as de4 fined in section 16 of title 18, United States

5 Code);

6 (B) constitutes a felony under the laws of

7 the State or Indian tribe; and

8 (C) is motivated by prejudice based on the

9 victim’s race, color, religion, national origin,

10 gender, sexual orientation, or disability or is a

11 violation of the hate crime laws of the State or

12 Indian tribe.

13 (2) PRIORITY.—In providing assistance under

14 paragraph (1), the Attorney General shall give pri15 ority to crimes committed by offenders who have

16 committed crimes in more than 1 State and to rural

17 jurisdictions that have difficulty covering the ex18 traordinary expenses relating to the investigation or

19 prosecution of the crime.

20 (b) GRANTS.—

21 (1) IN GENERAL.—The Attorney General may

22 award grants to assist State, local, and Indian law

23 enforcement officials with the extraordinary expenses

24 associated with the investigation and prosecution of

25 hate crimes. In implementing the grant program, the
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1 Office of Justice Programs shall work closely with

2 the funded jurisdictions to ensure that the concerns

3 and needs of all affected parties, including commu4 nity groups and schools, colleges, and universities,

5 are addressed through the local infrastructure devel6 oped under the grants.

7 (2) APPLICATION.—

8 (A) IN GENERAL.—Each State desiring a

9 grant under this subsection shall submit an ap10 plication to the Attorney General at such time,

11 in such manner, and accompanied by or con12 taining such information as the Attorney Gen13 eral shall reasonably require.

14 (B) DATE FOR SUBMISSION.—Applications

15 submitted pursuant to subparagraph (A) shall

16 be submitted during the 60-day period begin17 ning on a date that the Attorney General shall

18 prescribe.

19 (C) REQUIREMENTS.—A State or political

20 subdivision of a State or tribal official applying

21 for assistance under this subsection shall—

22 (i) describe the extraordinary pur23 poses for which the grant is needed;

24 (ii) certify that the State, political

25 subdivision, or Indian tribe lacks the re-
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1 sources necessary to investigate or pros2 ecute the hate crime;

3 (iii) demonstrate that, in developing a

4 plan to implement the grant, the State, po5 litical subdivision, or tribal official has con6 sulted and coordinated with nonprofit, non7 governmental victim services programs

8 that have experience in providing services

9 to victims of hate crimes; and

10 (iv) certify that any Federal funds re11 ceived under this subsection will be used to

12 supplement, not supplant, non-Federal

13 funds that would otherwise be available for

14 activities funded under this subsection.

15 (3) DEADLINE.—An application for a grant

16 under this subsection shall be approved or dis17 approved by the Attorney General not later than 30

18 business days after the date on which the Attorney

19 General receives the application.

20 (4) GRANT AMOUNT.—A grant under this sub21 section shall not exceed $100,000 for any single ju22 risdiction within a 1 year period.

23 (5) REPORT.—Not later than December 31,

24 2001, the Attorney General shall submit to Congress

25 a report describing the applications submitted for
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1 grants under this subsection, the award of such

2 grants, and the purposes for which the grant

3 amounts were expended.

4 (6) AUTHORIZATION OF APPROPRIATIONS.—

5 There is authorized to be appropriated to carry out

6 this subsection $5,000,000 for each of fiscal years

7 2001 and 2002.

8 SEC. 1505. GRANT PROGRAM.

9 (a) AUTHORITY TO MAKE GRANTS.—The Office of

10 Justice Programs of the Department of Justice shall

11 award grants, in accordance with such regulations as the

12 Attorney General may prescribe, to State and local pro13 grams designed to combat hate crimes committed by juve14 niles, including programs to train local law enforcement

15 officers in identifying, investigating, prosecuting, and pre16 venting hate crimes.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated such sums as may be

19 necessary to carry out this section.

20 SEC. 1506. AUTHORIZATION FOR ADDITIONAL PERSONNEL

21 TO ASSIST STATE AND LOCAL LAW ENFORCE22 MENT.

23 There are authorized to be appropriated to the De24 partment of the Treasury and the Department of Justice,

25 including the Community Relations Service, for fiscal
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1 years 2001, 2002, and 2003 such sums as are necessary

2 to increase the number of personnel to prevent and re3 spond to alleged violations of section 249 of title 18,

4 United States Code (as added by this title).

5 SEC. 1507. PROHIBITION OF CERTAIN HATE CRIME ACTS.

6 (a) IN GENERAL.—Chapter 13 of title 18, United

7 States Code, is amended by adding at the end the fol8 lowing:

9 ‘‘§ 249. Hate crime acts

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER12 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI13 GIN.—Whoever, whether or not acting under color of

14 law, willfully causes bodily injury to any person or,

15 through the use of fire, a firearm, or an explosive or

16 incendiary device, attempts to cause bodily injury to

17 any person, because of the actual or perceived race,

18 color, religion, or national origin of any person—

19 ‘‘(A) shall be imprisoned not more than 10

20 years, fined in accordance with this title, or

21 both; and

22 ‘‘(B) shall be imprisoned for any term of

23 years or for life, fined in accordance with this

24 title, or both, if—

25 ‘‘(i) death results from the offense; or
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1 ‘‘(ii) the offense includes kidnaping or

2 an attempt to kidnap, aggravated sexual

3 abuse or an attempt to commit aggravated

4 sexual abuse, or an attempt to kill.

5 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER6 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX7 UAL ORIENTATION, OR DISABILITY.—

8 ‘‘(A) IN GENERAL.—Whoever, whether or

9 not acting under color of law, in any cir10 cumstance described in subparagraph (B), will11 fully causes bodily injury to any person or,

12 through the use of fire, a firearm, or an explo13 sive or incendiary device, attempts to cause

14 bodily injury to any person, because of the ac15 tual or perceived religion, national origin, gen16 der, sexual orientation, or disability of any

17 person—

18 ‘‘(i) shall be imprisoned not more

19 than 10 years, fined in accordance with

20 this title, or both; and

21 ‘‘(ii) shall be imprisoned for any term

22 of years or for life, fined in accordance

23 with this title, or both, if—

24 ‘‘(I) death results from the of25 fense; or
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1 ‘‘(II) the offense includes kid2 naping or an attempt to kidnap, ag3 gravated sexual abuse or an attempt

4 to commit aggravated sexual abuse, or

5 an attempt to kill.

6 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For

7 purposes of subparagraph (A), the cir8 cumstances described in this subparagraph are

9 that—

10 ‘‘(i) the conduct described in subpara11 graph (A) occurs during the course of, or

12 as the result of, the travel of the defendant

13 or the victim—

14 ‘‘(I) across a State line or na15 tional border; or

16 ‘‘(II) using a channel, facility, or

17 instrumentality of interstate or for18 eign commerce;

19 ‘‘(ii) the defendant uses a channel, fa20 cility, or instrumentality of interstate or

21 foreign commerce in connection with the

22 conduct described in subparagraph (A);

23 ‘‘(iii) in connection with the conduct

24 described in subparagraph (A) the defend25 ant employs a firearm, explosive or incen-
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1 diary device, or other weapon that has

2 traveled in interstate or foreign commerce;

3 or

4 ‘‘(iv) the conduct described in sub5 paragraph (A)—

6 ‘‘(I) interferes with commercial

7 or other economic activity in which

8 the victim is engaged at the time of

9 the conduct; or

10 ‘‘(II) otherwise affects interstate

11 or foreign commerce.

12 ‘‘(b) CERTIFICATION REQUIREMENT.—No prosecu13 tion of any offense described in this subsection may be

14 undertaken by the United States, except under the certifi15 cation in writing of the Attorney General, the Deputy At16 torney General, the Associate Attorney General, or any

17 Assistant Attorney General specially designated by the At18 torney General that—

19 ‘‘(1) he or she has reasonable cause to believe

20 that the actual or perceived race, color, religion, na21 tional origin, gender, sexual orientation, or disability

22 of any person was a motivating factor underlying the

23 alleged conduct of the defendant; and

24 ‘‘(2) he or his designee or she or her designee

25 has consulted with State or local law enforcement of-
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1 ficials regarding the prosecution and determined

2 that—

3 ‘‘(A) the State does not have jurisdiction

4 or does not intend to exercise jurisdiction;

5 ‘‘(B) the State has requested that the Fed6 eral Government assume jurisdiction;

7 ‘‘(C) the State does not object to the Fed8 eral Government assuming jurisdiction; or

9 ‘‘(D) the verdict or sentence obtained pur10 suant to State charges left demonstratively

11 unvindicated the Federal interest in eradicating

12 bias-motivated violence.

13 ‘‘(c) DEFINITIONS.—In this section—

14 ‘‘(1) the term ‘explosive or incendiary device’

15 has the meaning given the term in section 232 of

16 this title; and

17 ‘‘(2) the term ‘firearm’ has the meaning given

18 the term in section 921(a) of this title.’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—

20 The analysis for chapter 13 of title 18, United States

21 Code, is amended by adding at the end the following:

‘‘249. Hate crime acts.’’.

22 SEC. 1508. DUTIES OF FEDERAL SENTENCING COMMISSION.

23 (a) AMENDMENT OF FEDERAL SENTENCING GUIDE24 LINES.—Pursuant to its authority under section 994 of

25 title 28, United States Code, the United States Sentencing
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1 Commission shall study the issue of adult recruitment of

2 juveniles to commit hate crimes and shall, if appropriate,

3 amend the Federal sentencing guidelines to provide sen4 tencing enhancements (in addition to the sentencing en5 hancement provided for the use of a minor during the

6 commission of an offense) for adult defendants who recruit

7 juveniles to assist in the commission of hate crimes.

8 (b) CONSISTENCY WITH OTHER GUIDELINES.—In

9 carrying out this section, the United States Sentencing

10 Commission shall—

11 (1) ensure that there is reasonable consistency

12 with other Federal sentencing guidelines; and

13 (2) avoid duplicative punishments for substan14 tially the same offense.

15 SEC. 1509. STATISTICS.

16 Subsection (b)(1) of the first section of the Hate

17 Crimes Statistics Act (28 U.S.C. 534 note) is amended

18 by inserting ‘‘gender,’’ after ‘‘race,’’.

19 SEC. 1510. SEVERABILITY.

20 If any provision of this title, an amendment made by

21 this title, or the application of such provision or amend22 ment to any person or circumstance is held to be unconsti23 tutional, the remainder of this title, the amendments made

24 by this title, and the application of the provisions of such
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1 to any person or circumstance shall not be affected there2 by.

Passed the Senate July 13, 2000.

Attest:

Secretary.

106TH CONGRESS

2D SESSION S. 2550

AN ACT

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.