Clerk session vote number: 275
Description: To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for theArmed Forces, and for other purposes.
Bill summary: Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 -
Division A: Department of Defense Authorizations
Title I: Procurement
Subtitle A: Authorization of Appropriations
- Authorizes appropriations for FY 2001 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
(Sec. 104) Authorizes appropriations for FY 2001 for: (1) defense-wide procurement
(earmarking a specified amount for the National Missile Defense (NMD) program); (2) the Defense Inspector General; and (3) the Defense Health Program.
Subtitle B: Army Programs
- Authorizes the use of multiyear procurement contracts for the M2A3 Bradley Fighting Vehicle and the UH/60-CH/60 utility helicopters.
(Sec. 112) Amends the National Defense Authorization Act for Fiscal Year 1995 to increase from 6,000 to 8,500 the number of bunker defeat munitions authorized to be acquired by the Army.
(Sec. 113) Requires a report from the Secretary of the Army to the defense and appropriations committees on the process for developing the objective force in the transformation of the Army. Requires the Secretary of Defense (Secretary) to report to such committees on such process. Directs the Secretary of the Army to develop a plan comparing the costs and operational effectiveness of medium armored vehicles selected for infantry battalions and medium armored vehicles currently used for such battalions. Requires the Director of Operational Test and Evaluation of the Department of Defense (DOD) to approve the plan developed by the Secretary of the Army. Prohibits more than 80 percent of the amount appropriated for FY 2001 for new medium armored vehicles from being obligated until 30 days after the Secretary of the Army's report is submitted. Places funding limits with respect to future-year obligations for the acquisition of medium armored combat vehicles until certain comparisons and a certification have been completed.
Subtitle C: Navy Programs
- Authorizes the Secretary of the Navy to procure the aircraft carrier designated CVNX-1, and authorizes such Secretary to enter into contracts for advance procurement and construction of components for such carrier (earmarking funds authorized under this title for such purpose).
(Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1997 to increase the number of Arleigh Burke class destroyers that may be procured by the Navy and to extend through FY 2005 the authority for such multiyear procurement. Expresses the sense of Congress that the Secretary of the Navy, with respect to any such destroyers procured after FY 2001, should achieve the most economical rate of procurement by procuring three destroyers in each of FY 2002 and 2003 and one in FY 2004. Requires a report from such Secretary to the defense committees updating information required in a 1993 report on DDG-51 (destroyer) class ships. Requires such update to be transmitted to the Comptroller General (CG), and requires the CG to review such report and report review results to the defense committees.
(Sec. 123) Earmarks FY 2001 procurement funds for the Virginia class submarine program, authorizing the Secretary of the Navy to enter into contracts for the procurement of up to five of such submarines during FY 2003 through 2006. Requires a report from the Secretary to the defense and appropriations committees on the Navy's fleet of fast attack submarines.
(Sec. 124) Prohibits the Secretary, during FY 2001, from retiring from the active Navy force any Los Angeles class nuclear powered attack submarine or any Ohio class nuclear powered ballistic missile submarine until the Secretary certifies to Congress that the continued safe and militarily effectiveness of such submarine cannot be assured. Requires a report from the President to Congress on the required force structure for nuclear powered submarines to support the national military strategy through 2020.
(Sec. 125) Authorizes the Secretary of the Navy to procure the construction of all ADC(X) class ships in one shipyard when determined to be more cost effective than construction in more than one shipyard.
(Sec. 126) Earmarks FY 2001 procurement funds, and authorizes the Secretary of the Navy to contract, for the nuclear refueling and complex overhaul of the U.S.S. DWIGHT D. EISENHOWER during such fiscal year.
(Sec. 127) Directs the Secretary of the Navy to conduct an analysis of the potential benefits and risks associated with alternative funding mechanisms for the procurement of various classes of naval vessels and other naval capabilities beginning in FY 2002. Requires a report to the defense and appropriations committees.
(Sec. 128) Directs the Secretary of the Navy, during FY 2001, to operate one squadron of six SH-2G helicopters supporting FFG-7 frigates.
(Sec. 129) Directs the Secretary to require that all V-22 Osprey aircraft be equipped with state-of-the-art cockpit voice and flight data recorders that meet National Transportation Safety Board standards.
Subtitle D: Air Force Programs
- Directs the Secretary to report annually to the defense committees on the B2 bomber, including its ability to carry out assigned missions and develop new technologies to meet expanded threats.
(Sec. 132) Directs the Secretary of the Air Force to submit to Congress a plan to modernize and upgrade the combat capabilities of Air National Guard F-16A units.
Subtitle E: Joint Programs
- Directs the Secretary to provide to Congress the results of a study of final assembly and checkout alternatives for Joint Strike Fighter aircraft. Requires the inclusion of cost comparisons of such alternatives.
Subtitle F: Chemical Demilitarization
- Authorizes the Secretary, in determining technologies for the destruction of lethal chemical agents and munitions at the Pueblo Chemical Depot, Colorado, to consider only incineration or any technologies demonstrated under the Assembled Chemical Weapons Assessment on or before May 1, 2000.
(Sec. 152) Directs the Secretary to report to the defense committees on the impact of DOD chemical demilitarization activities on the communities in the vicinity of chemical weapons storage sites at specified facilities, including whether Federal economic assistance is needed for any such community.
(Sec. 153) Prohibits funds authorized or available under this Act from being used to facilitate the disposal at the Anniston Army Depot, Alabama, of any non-stockpile chemical warfare material that is not stored at such facility.
Title II: Research, Development, Test, and Evaluation
Subtitle A: Authorization of Appropriations
- Authorizes appropriations for FY 2001 for the armed forces for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for basic and applied research projects.
Subtitle B: Program Requirements, Restrictions, and Limitations
- Directs the Secretary to make the Director of the Ballistic Missile Defense Organization (BMDO) responsible for program management of the Space-Based Infrared System Low.
(Sec. 212) Directs the Secretary to report to the defense and appropriations committees on the Joint Strike Fighter aircraft program describing the criteria for exit of such program from the demonstration and validation phase into the engineering and manufacturing development phase. Prohibits entry into the latter phase until the Secretary certifies that technical criteria have been met for exit from the former phase. Authorizes the Secretary to transfer specified funds into such program.
(Sec. 213) Directs the Secretary to carry out in FY 2002 a joint field experiment which explores critical war fighting challenges at the operational level that will confront the United States joint military forces after 2010. Provides for joint military participation in such experiment. Requires a report from the Secretary to the defense and appropriations committees.
(Sec. 214) Directs the Secretary of the Navy to conduct, and report to the defense and appropriations committees on, an assessment of nuclear aircraft carrier design and production modeling. Earmarks assessment funds from RDT&E funds.
(Sec. 215) Authorizes the Secretary of the Navy to pursue a technology insertion approach for the construction of the DD-21 destroyer on a specified construction schedule. Expresses the sense of Congress: (1) calling for the sequential construction of such destroyers until 32 are constructed; and (2) that the Secretary of the Navy, in providing for the acquisition of such destroyers, should take into consideration certain needs of the Navy and Marine Corps for the surface fire support of such destroyers, along with certain related considerations. Directs the Secretary of: (1) the Navy to submit to the defense committees a plan for pursuing a technology insertion approach for such construction; and (2) Defense to report to such committees on the Navy's plan for the acquisition and maintenance of such destroyers.
(Sec. 216) Prohibits funds for the Russian American Observation Satellites program from being obligated or expended until 30 days after the Secretary submits to Congress a plan for protecting U.S. advanced military technology associated with such program.
(Sec. 217) Prohibits this Act's funds from being obligated for the procurement of an anthrax vaccine until the Secretary has submitted to the defense and appropriations committees certain information concerning Food and Drug Administration production approval of such a vaccine, as well as contingencies associated with continuing to rely on the current manufacturer to supply such vaccine. Directs the Secretary to notify Congress when the total obligations for certain requirements under the vaccine program exceed $5 million, as well as a justification for the obligation of funds in excess of such amount.
(Sec. 218) Directs the Secretary to report to the defense and appropriations committees on the acquisition of biological warfare defense vaccines for DOD.
(Sec. 219) Amends the National Defense Authorization Act for Fiscal Year 1998 to allow a 1.5 percent increase for certain development and production expenditures for the F-22 aircraft program if the Director of Operational Test and Evaluation determines the increase is necessary to ensure adequate testing. Reestablishes separate engineering and manufacturing development and production cost caps under such program.
(Sec. 220) Provides future-years goals for unmanned, advanced capability combat aircraft and ground combat vehicles. Directs the Secretary to report to the defense and appropriations committees on programs to demonstrate such capabilities undertaken jointly between the Director of the Defense Advanced Research Projects Agency and any of the Secretaries of the military departments. Earmarks RDT&E funds for such programs.
(Sec. 221) Directs the Secretary to require and coordinate a concept demonstration of the Global Hawk high altitude endurance unmanned aerial vehicle. Requires the Secretary to initiate the demonstration no later than March 1, 2001, and requires the demonstration to be conducted in a counter-drug surveillance scenario. Requires a report to Congress. Earmarks funds from funds authorized for defense drug interdiction and counter-drug activities.
(Sec. 222) Earmarks RDT&E funds for the kinetic energy anti-satellite technology program.
Subtitle C: Ballistic Missile Defense
- Earmarks specified RDT&E funds for the National Missile Defense program.
(Sec. 232) Requires the President to report to Congress on the North Korean ballistic missile threat to the United States and on steps to reduce our vulnerability to such threat.
(Sec. 233) Requires the BMDO Director to develop a plan to adapt ballistic missile defense systems and architectures to counter potential threats to the United States, U.S. forces deployed outside the United States, and other U.S. national security interests posed by medium- and intermediate-range ballistic missiles. Requires the plan to include the use of space-based sensors. Directs the Secretary to assess such plan and report to the defense committees on assessment results.
(Sec. 235) Requires the concurrence of the BMDO Director prior to any changes in the funding plan or technical requirements for the Airborne Laser program. Requires a report from the Director to the defense and appropriations committees on the role of the airborne laser in the family of missile defense systems developed by such Director and the Director of the Joint Theater Air and Missile Defense Organization.
Subtitle D: High Energy Laser Programs
- Earmarks specified RDT&E funds for high energy laser development. Expresses the sense of Congress that DOD should establish funding for such programs and that the Secretary should establish a funding goal that represents 4.5 percent of the total DOD science and technology budget by FY 2004. Directs the Secretary to designate a senior civilian official responsible to chair the High Energy Laser Technology Council called for in a current High Energy Laser master plan and to carry out certain responsibilities under such programs.
(Sec. 244) Directs the Secretary to: (1) locate the Joint Technology Office called for in the master plan at an appropriate location; (2) consider, evaluate, and undertake initiatives to enhance the industrial base to support military applications of high energy laser technologies and systems; and (3) consider modernizing the High Energy Laser Test Site Facility at White Sands Missile Range, New Mexico, so as to enhance DOD's capabilities with respect to high energy laser weapons.
(Sec. 246) Directs the Secretary and the Administrator for Nuclear Security of the Department of Energy to enter into a memorandum of agreement to conduct joint research and development on military applications of high energy lasers.
(Sec. 247) Requires the designated official, above, to submit to the defense and appropriations committees a high energy laser technology plan.
(Sec. 248) Directs the Secretary to submit to such committees, during each of 2001 through 2003, a report on DOD high energy laser programs.
(Sec. 250) Directs the Secretary to: (1) evaluate the expansion of the high energy laser management structure for the possible inclusion of science and technology programs in related areas; and (2) report evaluation results to the defense and appropriations committees.
Subtitle E: Other Matters
- Requires a report from the: (1) Secretary to the defense and appropriations committees on the mobile offshore base concept; and (2) Secretary of the Navy to such committees on the potential use of technologies associated with such concept.
(Sec. 252) Directs the Secretary of the Air Force to: (1) conduct a review of the long-term challenges and short-term objectives of the Air Force science and technology programs; (2) establish an integrated product team to identify high-risk, high-payoff challenges that will provide a long-term focus and motivation for such programs over the next 20 to 50 years; and (3) establish a task force to identify short-term technological objectives of such programs. Requires the CG to report to Congress on such Secretary's review results.
(Sec. 253) Includes within the authority of defense laboratory directors participating in education partnerships with local educational institutions the authority to transfer to such institution any laboratory surplus equipment determined appropriate for use by the partnership.
(Sec. 254) Recognizes the contributions and applauds the commitment of scientists, officers, researchers, students, and administrators who were instrumental to oceanographic and scientific research efforts during the period from before World War II through the end of the Cold War. Supports efforts to appropriately honor such individuals. Recognizes the continued dedication and commitment of the Office of Naval Research with regard to such research.
Title III: Operation and Maintenance
Subtitle A: Authorization of Appropriations
- Authorizes appropriations for FY 2001 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY 2001 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home.
(Sec. 304) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified military O&M accounts for FY 2001.
(Sec. 305) Earmarks specified defense-wide O&M funds for analyses by the joint warfighting capabilities assessment teams of the Joint Requirements Oversight Council.
Subtitle B: Environmental Provisions
- Establishes in DOD the Environmental Restoration Account, Formerly Used Defense Sites.
(Sec. 312) Authorizes military environmental restoration accounts to be used for the relocation of activities from defense sites at which the Secretary is responsible for environmental restoration functions. Terminates such authority at the end of FY 2003. Allows no more than five percent of account funds to be used for such purpose.
(Sec. 313) Repeals required annual reports of the Strategic Environmental Research and Development Program Scientific Advisory Board. Requires the Strategic Environmental Research and Development Program Council to summarize Board activities in their annual reports.
(Sec. 314) Authorizes the Secretary of Defense or the Army to pay a fine or penalty of no more than $2 million in settlement of a specified notice of violation by the Administrator of the Environmental Protection Agency (EPA) with respect to environmental compliance requirements at Fort Wainwright, Alaska.
(Sec. 315) Authorizes the Secretaries of the Army and Navy to use O&M funds to pay certain fines and penalties imposed by the EPA or a State in connection with environmental violations at specified sites.
(Sec. 316) Authorizes the Secretary to reimburse a specified account within the Hazardous Substance Superfund to reimburse the EPA for certain environmental costs in connection with the former Nansemond Ordnance Depot Site in Suffolk, Virginia.
(Sec. 317) States that nothing in the Environmental Policy Act of 1969 or regulations implementing such Act shall require the Secretary or the Secretary of a military department to prepare an environmental impact statement for low-level flight training as a precondition to the military use of airspace for such training.
(Sec. 318) Directs the Secretary of the Navy, during FY 2001, to continue to carry out the ship disposal project within the United States (requiring a project report from such Secretary to the defense and appropriations committees).
(Sec. 319) Requires DOD's Chief Information Officer to ensure that management and oversight of the Defense Environmental Security Corporate Information Management Program is consistent with requirements of the Clinger-Cohen Act of 1996 and other directives and management controls applicable to investment in information technology and related services. Requires a report from the Secretary to the defense and appropriations committees on the Program, including recommendations for the future mission and objectives of the Program.
(Sec. 320) Directs the Secretary of the Army to report to the defense and appropriations committees on the Plasma Energy Pyrolysis System.
(Sec. 321) Expresses the sense of Congress that every effort should be made to restore a former defense manufacturing site in Santa Clarita, California, to productive use through public-private partnerships.
Subtitle C: Commissaries and Nonappropriated Fund Instrumentalities
- Allows the operation of the Defense Commissary Agency and the defense commissary system (including central product processing facilities) using funds appropriated for such purpose. (Currently, only nonappropriated funds are available for such expenses.) Authorizes the adjustment of prices of goods sold under such system in order to cover transportation costs and the costs of shrinkage, spoilage, and pilferage.
(Sec. 333) Authorizes the Secretary (currently the Secretary of a military department after approval by the Secretary) to use commissary goods' surcharges for the construction, repair, improvement, and maintenance of such stores and processing facilities, as well as environmental evaluation and construction costs.
(Sec. 334) Includes newspapers and other periodicals within authorized commissary merchandise.
(Sec. 335) Repeals a provision requiring a nonappropriated fund instrumentality, under certain conditions, to be considered the most economical method of distribution of alcoholic beverages within the commissary system.
(Sec. 336) Requires a report from the Secretary to Congress on the effects of the use of slot machines on overseas military installations on military morale, welfare, and recreation, and the personal financial stability of military personnel.
Subtitle D: Department of Defense Industrial Facilities
- Authorizes the Secretary of the military department concerned (currently, only the Secretary of Defense) to designate a Center of Industrial and Technical Excellence and encourage the head of a Center to enter into public-private partnerships to increase the utilization of such Center and attain specified Center objectives. Requires the Secretary to report to Congress the need for loan guarantee authority to establish such partnerships and achieve such objectives. Authorizes private sector use of excess Center capacity. Authorizes the acceptance of consideration for use of Center property. Allows, under limited conditions, the use by private sector partners of Center excess equipment or facilities. Repeals the general DOD authority to lease excess depot-level equipment and facilities to outside tenants.
(Sec. 342) Directs the Secretary of the Army to submit annually to Congress an estimate of necessary funding for operating and maintaining unutilized and underutilized plant capacity at U.S. arsenals.
(Sec. 343) Directs the Secretary of the Army, during FY 2001 and 2002, to carry out a demonstration program at each Army manufacturing arsenal aimed at, among other things, utilizing the existing skilled workforce of such arsenals by commercial firms, reemploying and retraining such workers, encouraging commercial firms to use such arsenals for commercial purposes, and increasing small business opportunities for such arsenals. Authorizes such Secretary to: (1) enter into appropriate contracts with commercial firms; and (2) guarantee the repayment of any loan made to a commercial firm to fund the establishment of a commercial activity at such an arsenal. Allows such Secretary to enter into agreements with the Administrator of the Small Business Administration, the Farmers Home Administration, the Rural Development Administration, and other appropriate agencies of the Department of Agriculture for the guaranteeing of loans made for activities under this section. Provides loan limits. Requires such Secretary to: (1) report to Congress each year a loan guarantee is issued under this section; and (2) report to the defense and appropriations committees on the demonstration program.
(Sec. 344) Expresses policy with respect to the U.S. armaments industrial base. Authorizes the Secretary of the Army to carry out a program to be known as the Armament Retooling and Manufacturing Support Initiative which shall, among other things: (1) encourage commercial firms to use Government-owned, contractor-operated Army ammunition manufacturing facilities for commercial purposes; (2) increase the opportunities for small businesses to use such facilities; (3) maintain an appropriate workforce to meet industrial emergency requirements for national security purposes; (4) demonstrate innovative business practices for future defense conversion initiatives; and (5) reduce or eliminate Government costs of owning such facilities. Directs the Secretary of the Army to fully utilize facility use contracts, leases, and other appropriate arrangements. Authorizes such Secretary to: (1) accept consideration for facility use other than rental payments or revenue generated at such facility; and (2) carry out a loan guarantee program to encourage commercial firms to use eligible facilities (providing loan limits). Requires the Secretary of Defense to report to the defense and appropriations committees on procedures and controls implemented to carry out this section. Repeals the Armament Retooling and Manufacturing Support Act of 1992.
Subtitle E: Performance of Functions by Private-Sector Sources
- Requires the inclusion in reports to Congress required before the conversion of a DOD commercial- or industrial-type function to conversion by a private contractor of information concerning: (1) budgeting for the cost of conversion analysis; (2) the number of DOD civilian employees whose employment was or will be terminated or adversely affected by such conversion; (3) the Secretary's certification that determinations made did not include any predetermined personnel constraint or limitation; and (4) the estimated economic impact of such conversion.
(Sec. 352) Requires the Secretary, at least 60 days before any DOD official enters into a contract for the private sector performance of a workload already being performed by more than 50 employees at a Center or ammunition plant, to report to Congress describing the effect that the performance and administration of the contract will have on the overhead costs of the Center or plant.
(Sec. 353) Directs the Secretary to submit to Congress each DOD Strategic Sourcing Plan of Action (a plan for the consolidation, restructuring, or reengineering of DOD organizations, functions, or activities) for the following year. Requires that, if a decision is made to consolidate, restructure, or reengineer under such a Plan and that activity affects 50 or more DOD personnel, the Secretary shall report such decision to the defense committees.
(Sec. 354) Directs the Secretary to establish a system for monitoring the performance of each DOD function that is the subject of a workforce review. Requires such monitoring to continue for at least five years after the conversion, reorganization, or reengineering. Requires an annual report to the defense committees on such monitoring. Directs the Secretary, in preparing the future-years defense program, to take into account the costs to be incurred and the savings to be derived from the performance of functions by workforces selected in workforce reviews.
(Sec. 355) Prohibits the Secretary of the Army from converting to contractor performance the emergency response functions of any chemical weapons storage installation that are currently performed by U.S. employees until such Secretary submits to the defense committees a certification that there will be no lapse of the capability to perform such functions during the performance transition period.
(Sec. 356) Directs the Secretary of the Navy to suspend all activities associated with the reorganization or relocation of the performance of Navy auditing functions until 180 days after a report to the defense and appropriations committees setting forth the Navy's plans and justifications for such reorganization or relocation.
Subtitle F: Defense Dependents Education
- Authorizes the Secretary to allow the dependent of an American Red Cross employee who resides in Puerto Rico and performs full-time emergency services for military personnel to enroll in a defense dependents' education program if the Red Cross agrees to reimburse the Secretary for such expenses.
(Sec. 362) Earmarks DOD O&M funds for educational assistance to local educational agencies (LEAs) that benefit dependents of military personnel and DOD civilian employees.
(Sec. 363) Directs the Secretary to make payments for fiscal years after 2001 to each LEA eligible to receive impact aid payments for disabled children under the Elementary and Secondary Education Act of 1965. Provides exclusions. Requires a report from each LEA desiring such a payment to the Secretary concerning the number of disabled children and educational costs for such children.
(Sec. 364) Authorizes the Secretary, during FY 2001, to make a grant to assist a LEA to repair and renovate school facilities that serve dependents of military personnel and DOD civilian employees. Outlines LEA eligibility requirements, including the presence of at least one impacted school facility (a facility used by a significant number of such dependents), as well as eligibility for assistance under the Elementary and Secondary Education Act of 1965. Requires the Secretary: (1) to notify eligible LEAs of such assistance; and (2) in determining grants, to take into consideration certain conditions and needs at the impacted school facilities of the LEA. Provides grant funding.
Subtitle G: Military Readiness Issues
-Requires information measuring the use of parts, supplies, or equipment from one vehicle, vessel, or aircraft for another to be included within reports concerning the military readiness reporting system.
(Sec. 372) Removes certain required information from an annual report on transfers from high-priority readiness appropriations. Includes combat enhancement forces and combat communications as covered budget activities for purposes of inclusion in such reports.
(Sec. 373) Requires the Secretary to report to Congress on effects of worldwide U.S. contingency operations on the readiness of military aircraft and ground equipment.
(Sec. 374) Directs the Secretary to submit to Congress a list of requirements to reduce the backlog in maintenance and repair needs of facilities and infrastructure under the jurisdiction of DOD or a military department. Requires such list to be updated annually.
(Sec. 375) Directs the Secretary of the Army to develop a new methodology for ensuring more accurate future years Army O&M requirements. Expresses the sense of Congress calling for such methodology, and using such methodology in the preparation of such budget requests for fiscal years after 2001.
(Sec. 376) Directs the CG to review, and report to the defense and appropriations committees on, the Army's AH-64 aircraft program.
(Sec. 377) Requires the Secretary of the Air Force to submit two reports to Congress on the overall status of the spare and repair parts program for C-5 aircraft.
Subtitle H: Other Matters
- Directs the Secretary to annually prepare and submit to the defense committees a report identifying public sales of military items identified on the U.S. Munitions List and assigned a demilitarization code of "B" or its equivalent.
(Sec. 382) Requires that, whenever the Secretary of the Army carries out a disposal (by sale or otherwise) of armor-piercing ammunition or a component of such ammunition, such Secretary shall include as a disposal condition that the recipient agree in writing not to sell or transfer such ammunition or component to any purchaser in the United States other than a law enforcement or other governmental agency (with an exception for transfers for metal reclamation only). Provides a special rule for non-piercing components of such ammunition.
(Sec. 383) Authorizes the Secretary of the Air Force to require payments by a civil air carrier for support provided by the United States at Johnston Atoll that is either: (1) requested by such carrier; or (2) determined necessary to accommodate such carrier's use of the Atoll. Requires amounts charged to equal the total cost of such support. Prohibits landing fees to be charged if support costs are charged.
(Sec. 384) Authorizes reserve personnel performing annual training duty to travel in a space-required status on military aircraft.
(Sec. 385) Amends provisions which authorize the Secretary or the Secretary concerned to contract with private air carriers for the interstate transportation of passengers or property by transportation category aircraft to: (1) remove a requirement that contracts for such transportation be for a period in excess of 31 days; (2) authorize such transportation between a place in the United States and a place outside the United States; and (3) allow such transportation between two foreign places by a carrier that has aircraft in the civil reserve air fleet if such transportation is reasonably available.
(Sec. 386) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to require additional elements in a plan for ensuring visibility over all in-transit end items and secondary items. Requires the Secretary to submit to Congress any plan revisions required by any law enacted after October 17, 1998.
(Sec. 387) Amends the above Act to extend through FY 2010 a pilot program for the acceptance and use of landing fees charged for the use of domestic military airfields by civilian aircraft. Extends related report requirements.
(Sec. 388) Amends the Wildfire Suppression Aircraft Transfer Act of 1996 to extend through FY 2005 the authority of the Secretary to sell certain aircraft for use in wildfire suppression, and to extend a related report requirement.
(Sec. 389) Direct the Secretary to require the military department Secretaries to assess: (1) damage caused to military aviation facilities by alkali silica reactivity; and (2) the availability of technologies capable of preventing or mitigating such reactivity in hardened concrete structures and pavements. Authorizes each Secretary to conduct appropriate demonstration projects, and requires locations selected to represent diverse operating environments of the armed forces. Requires the assessment and related projects to be completed by the end of FY 2006. Provides an expenditure limit of $5 million.
(Sec. 390) Directs the Secretary of the Army to carry out a demonstration project to provide or increase Internet access and services to units and members of the National Guard and reserves located in rural communities that are unserved or underserved by the Internet. Requires a report from such Secretary to Congress.
(Sec. 391) Prohibits the Secretary from granting a Milestone III decision for the proposed Defense Joint Accounting System until the Secretary submits to the defense committees an explanatory report concerning the withdrawal of the Air Force from such System. Requires the Secretary to make a certain certification to such committees if he determines that the System warrants a Milestone III decision.
(Sec. 392) Directs the Secretary to report to the defense and appropriations committees on the development, testing, fielding, and related aspects of the Defense Travel System.
(Sec. 393) Requires the CG to: (1) review annual costs incurred by DOD to comply with requirements of the National Historic Preservation Act; and (2) report review results to the defense and appropriations committees.
Title IV: Military Personnel Authorizations
Subtitle A: Active Forces
- Sets forth the authorized end strengths for active-duty forces as of the end of FY 2001.
Subtitle B: Reserve Forces
- Sets forth the authorized end strengths as of the end of FY 2001 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth the minimum number of military technicians (dual status) within the Army and Air Force Reserves and National Guard as of the end of FY 2001.
(Sec. 414) Sets forth the maximum number of military technicians (non-dual status) within the Army and Air Force Reserves and National Guards as of the end of FY 2001. Postpones until October 1, 2002, (currently a year earlier) a provision limiting such number to 1,950.
(Sec. 415) Increases the number of certain officers and senior enlisted personnel authorized to serve on active duty in support of the reserves. Directs the Secretary to submit to the defense committees a report on management of the grade structure for such officers and personnel, requiring recommendations for management of such grade structure without the need for frequent statutory adjustments to their numerical limits.
Subtitle C: Other Matters Relating to Personnel Strengths
- Authorizes the Secretary, during a declared period of war or national emergency, to suspend certain military personnel end strength limitations, including senior enlisted members on active duty, field grade reserve officers, and senior reserve enlisted members.
(Sec. 422) Excludes from personnel end strength limitations reserve personnel serving on active duty for more than 180 but less than 271 days to perform special work in support of the combatant commands, except that: (1) general and flag officers may not be excluded; and (2) the number of personnel excluded may not exceed 0.2 percent of the authorized active-duty end strength limitation.
(Sec. 423) Exempts reserve medical and dental officers from reserve commissioned officer end strength limitations.
(Sec. 424) Authorizes the Secretary to increase by up to two percent in a fiscal year the number of reserve personnel serving on active duty or full-time National Guard duty as field grade officers or senior enlisted members.
Subtitle D: Authorization of Appropriations
- Authorizes appropriations for FY 2001 for military personnel.
Title V: Military Personnel Policy
: - Officer Personnel Policy - Allows Army and Air Force Reserve colonels and brigadier generals to be recommended for position vacancy promotions under regulations prescribed by the respective Secretary.
(Sec. 502) Amends Coast Guard provisions to direct the Secretary of the department in which the Coast Guard is operating, before convening a selection board to recommend Reserve officers for promotion, to establish a promotion zone for officers serving in each grade to be considered by a selection board. Requires such Secretary, before convening a selection board to recommend Reserve officers for a promotion to a grade above lieutenant (junior grade), to determine the maximum number of officers in that grade that the board may recommend. Authorizes such Secretary, when the needs of the Coast Guard require, to allow the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone. Outlines provisions for determination by such Secretary of the maximum number that may be recommended for promotion in both of the above categories. Authorizes such Secretary to use a running mate system during consideration of Reserve officers in an active status for promotion to the next higher grade. Allows such running mate system to be used when selecting officers for promotion from below the promotion zone only when considered appropriate to meet the needs of the Coast Guard.
(Sec. 503) Provides revised times for the release to the armed force concerned of the names of active-duty and reserve active-status list officers recommended for promotion, such times varying within promotion grades. Prohibits any such list from including any name removed by the President from the report of a selection board, or the name of any officer whose promotion the Senate failed to confirm.
(Sec. 504) Requires each member of a promotion selection board to be an officer on the active-duty list.
(Sec. 505) Authorizes the issuance of posthumous commissions in the case of members dying before the official recommendation for appointment or promotion is approved by the Secretary concerned.
(Sec. 507) Requires the Chiefs of the Army and Air Force Reserve, while serving in such position, to hold the grade of lieutenant general (currently, major general). Requires the Chief of Naval Reserve to hold the grade of vice admiral (currently, rear admiral). Allows an officer to be appointed as Commander, Marine Forces Reserve, in the grade of lieutenant general (usually, major general) if appointed by the President by and with the advice and consent of the Senate. Authorizes the waiver of the latter requirement, until October 1, 2003, when necessary for the good of the service. Allows officer to be reappointed for one additional term of up to four years. Requires National Guard Bureau Directors to hold the grade of lieutenant general and requires such Directors to have significant joint duty experience. Authorizes the waiver of the latter requirement, until October 1, 2003, when necessary for the good of the service. Allows such Director to be reappointed for one additional four-year period. Makes a conforming increase in the number of officers that may serve on active duty in grades above major general or rear admiral. Directs the Secretary to study and report to the defense committees on the advisability of changing from major general to lieutenant general the grade authorized for the Vice Chief of the National Guard Bureau. Requires an appointment or reappointment to a reserve chief position to be made within 12 months after the enactment of this Act.
(Sec. 508) Makes ineligible for separation pay a regular or reserve officer who twice fails for promotion to the next higher grade and is offered, but declines, the opportunity to continue on active duty until the earliest point of eligibility for retirement.
Subtitle B: Reserve Component Personnel Policy
- Exempts from inclusion on the reserve active-status list reserve officers under a call or order to active duty for a period of three years or less.
(Sec. 522) Removes an application requirement for the continuation of officers on the reserve active-status list.
(Sec. 523) Authorizes the Secretary of the Air Force to retain Medical Service Corps officers in an active status until 67 years of age.
(Sec. 524) Authorizes the continued provision of legal services to reserve personnel following their release from a period of active duty of 30 days or more issued under a mobilization authority, but only for up to twice the period of time served on such duty.
(Sec. 525) States that the involuntary civil service retirement requirement for Army and Air Force reserve military technicians (dual status) who lose such status shall not apply until the individual is age 60 or older.
Subtitle C: Education and Training
- Entitles to appointment to a service academy the children of members of the reserves who: (1) are currently so serving and are credited with at least eight years of service; or (2) would be, or who died while they would have been, entitled to retired pay except for not having attained 60 years of age.
(Sec. 532) Authorizes the Secretary concerned, in selecting persons from approved foreign countries to receive instruction at a service academy, to give a priority to persons who have a national service obligation to their countries upon academy graduation.
(Sec. 533) Revises provisions concerning the Marine Corps Platoon Leaders Class program to: (1) make Marine Corps Reserve officers (currently only Marine Corps Reserve enlisted personnel) eligible for such program; (2) remove certain age limitations; (3) allow assistance to eligible individuals for the pursuit of a law degree requiring no more than four (currently three) academic years; and (4) exclude from creditable service as a Marine Corps officer only that service performed concurrently as an enlisted member with the program.
(Sec. 534) Directs the Secretary to review and reallocate among the military departments the number of Junior Reserve Officers' Training Corps units planned for FY 2001 through 2006. Authorizes the Secretary to propose an increase in the maximum number of such units.
(Sec. 535) Authorizes the Secretary of the Navy to permit eligible defense industry employees to receive instruction at the Naval Postgraduate School in specified programs relating to defense product development. Defines as eligible employees those engaged in providing to DOD significant and substantial defense-related systems, products, or services. Requires such Secretary to annually certify to the defense committees that providing such instruction will further the military mission of such school, will enhance DOD's ability to reduce product or project initial lead times required for operational capability, and will be done on a space-available basis without requiring faculty or course or laboratory increases. Requires tuition to be charged to and paid by such students. Requires a program evaluation and report.
Subtitle D: Decorations, Awards, and Commendations
- Limits the award of the Bronze Star to members who are eligible to receive imminent danger pay at the time of the events for which such medal is awarded.
(Sec. 542) Directs the Secretary concerned, upon request of a Member of Congress, to review a proposal for the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or other qualified person, that is not otherwise authorized by law. Requires such Secretary to make a determination with respect to such promotion or appointment and to provide review and determination results to the defense committees and the requesting Member.
(Sec. 543) Waives certain time limitations with respect to recommendations for the award of the: (1) Silver Star to Louis Rickler, for service during World War I; and (2) Distinguished Flying Cross to certain individuals for service during World War II or Korea.
(Sec. 544) Directs the Secretary of the Army to provide to the Secretary of Veterans Affairs certain information pertaining to the remains of unknown persons that are interred in the National Memorial Cemetery of the Pacific, Honolulu, Hawaii, and which represent the remains of casualties from the U.S.S. ARIZONA who died during the Japanese attack on Pearl Harbor on December 7, 1941. Requires the latter Secretary to add such information on the grave markers of such remains.
(Sec. 545) Expresses the sense of Congress that: (1) the American people should recognize the lack of culpability of then-Captain Charles B. McVay III in connection with the sinking of the U.S.S. INDIANAPOLIS by a Japanese submarine in the Philippine Sea during World War II, as well as his lack of culpability for the tragic loss of the INDIANAPOLIS and the lives of the men who died as a result of her sinking; (2) Captain McVay's military record should reflect such exoneration; and (3) the Secretary of the Navy should award a Navy Unit Commendation to the U.S.S. INDIANAPOLIS and its final crew.
(Sec. 546) Requests the President to advance the late: (1) Rear Admiral (retired) Husband E. Kimmel to the grade of admiral on the Navy retired list; and (2) Major General (retired) Walter C. Short to the grade of lieutenant general on the Army retired list. Expresses the sense of Congress that both men performed their respective duties as Commander in Chief, United States Pacific Fleet, and Commanding General, Hawaiian Department, competently and professionally during World War II and that losses incurred by the United States in the Japanese attack on Pearl Harbor were not a result of their dereliction of duty.
(Sec. 547) Commends the bravery and honor of the citizens of Remy, France, for the burial in their church cemetery and subsequent commemoration of World War II American fighter pilot Lieutenant Houston Braly during and after August 1944. Recognizes the efforts of the surviving members of the 364th Fighter Group to raise funds to restore the stained glass windows of such church which were accidentally destroyed during an attack on a German munitions train.
(Sec. 548) Waives certain time limitations with respect to the award of the Medal of Honor to William H. Pitsenbarger for acts of valor during the Vietnam conflict.
Subtitle E: Military Justice and Legal Assistance Matters
-Exempts a military testamentary instrument from State testamentary laws. Accords such instrument the same legal effect as State testamentary instruments presented for probate. Outlines requirements for the legal execution of such instruments. Makes such instrument self-proving upon such execution, signature, and witnessing. Requires such instrument to include a statement that it meets applicable testamentary requirements.
(Sec. 552) Directs the Secretary to establish a policy creating a uniform DOD process that affords individuals designated as a suspect in criminal investigative reports or indexed in a central index an opportunity to obtain a review of such actions. Requires expungement of the name and other identifying information of such individuals when entry was made contrary to DOD requirements.
(Sec. 553) Amends the Uniform Code of Military Justice to provide that, in the case of a sentence of confinement for life without eligibility for parole, such sentence may not be commuted, remitted, or suspended unless the person has served at least 20 years.
(Sec. 554) Authorizes civilian special agents of military criminal investigative services to execute and serve warrants and make arrests in connection with authorized investigations.
(Sec. 555) Requires verbatim trial records to be kept in each special court-martial case in which the sentence includes confinement for more than six months or forfeiture of pay for more than six months.
(Sec. 556) Requires the President to issue a proclamation commemorating the 50th anniversary of the Uniform Code of Military Justice. Calls upon DOD, the armed forces, and the U.S. Court of Appeals for the Armed Forces to commemorate the occasion with appropriate ceremonies and activities.
Subtitle F: Matters Relating to Recruiting
- Directs the Secretary of the Army, during the period beginning on October 1, 2000, and ending on December 31, 2005, to carry out pilot programs to test various recruiting approaches. Requires one program to be a program: (1) of public outreach that associates the Army with motor sports competition; (2) under which Army recruiters are assigned at postsecondary vocational institutions and community colleges to recruit such students and graduates; and (3) that expands the scope of the Army's current recruiting initiatives. Authorizes such Secretary to expand or extend a pilot program after notification of the defense committees. Requires a report on the above programs.
(Sec. 562) Directs the Secretary to enhance the effectiveness of DOD recruitment programs through advertising and market research targeted to prospective recruits and persons who influence such recruits.
(Sec. 563) Amends Federal provisions requiring access to secondary schools for military recruiting purposes to provide that if an LEA denies such access, then the Secretary concerned shall designate a general or flag officer or senior executive of that armed force to visit such school and seek such access. Provides that if the LEA continues to deny such access, then the Secretary shall transmit to the chief executive of such State a notification of such denial and a request for assistance in obtaining such access. Directs the Secretary, upon determining that LEA denial of recruiting access extends to at least two of the armed forces, to notify specified congressional committees and the Senators and appropriate Representative of the State in which the denial has occurred. Makes such requirements effective as of July 1, 2002.
(Sec. 564) Directs the Secretary to conduct a three-year pilot program to determine if cooperation with military recruiters by LEAs and institutions of higher education could be enhanced by improving the understanding of school counselors and educators about military recruiting and military career opportunities. Requires such program to be conducted by means of DOD participation in a qualifying interactive Internet site. Requires a program report from the Secretary to the defense committees
Subtitle G: Other Matters
- Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through December 31, 2001, the authority for certain military force drawdown transition authorities currently scheduled to expire at the end of FY 2001.
(Sec. 572) Allows a member who is simultaneously receiving voluntary separation incentive payments and retired or retainer pay to elect to terminate the former payments. Makes such election permanent and irrevocable.
(Sec. 573) Prohibits any change to the Navy policy of limiting submarine service to males until 30 days after the Secretary notifies Congress of the proposed change. Provides an identical prohibition with respect to the reconfiguration of an existing submarine or new submarine design to accommodate female crew members.
(Sec. 574) Revises generally management and per diem requirements for military personnel subject to lengthy or numerous deployments.
(Sec. 575) Authorizes members performing funeral honors duty to receive either the allowance for such duty or the rate of pay for members of the reserves or National Guard performing inactive-duty training.
(Sec. 576) Directs the Secretary, beginning no later than June 1, 2001, to conduct a three-year test program of the ability of reserve intelligence units and personnel to meet current and emerging defense intelligence needs. Directs the Secretary to establish an oversight panel to structure the program. Requires program interim reports, and a final report, from the Secretary to Congress.
(Sec. 577) Makes the Secretary (currently, acting through the Chief of the National Guard Bureau) solely responsible for administering the National Guard Challenge Program. Removes the $62.5 million annual Federal expenditure cap with respect to such Program. Allows the Secretary to use for such Program other nondefense funds made available or transferred by other Federal agencies. Requires the Secretary to prescribe specified Program regulations.
(Sec. 578) Directs the Secretary to study, and report to the defense committees on, the feasibility and cost, as well as advantages and disadvantages, of using civilian contractor personnel as pilots and other crew members to fly non-military Government aircraft to perform non-combat personnel transportation missions worldwide.
(Sec. 579) Authorizes the Secretary concerned to reimburse a member for travel and related expenses incurred as a result of the cancellation of previously approved leave when the leave is canceled in connection with participation in a contingency operation and such cancellation occurs within 48 hours of the time it was to have commenced.
Title VI: Compensation and Other Personnel Benefits
Subtitle A: Pay and Allowances
- Waives any FY 2001 pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 3.7 percent, effective January 1, 2001, the rates of basic pay for military personnel.
(Sec. 602) Increases, effective July 1, 2001, the basic pay amounts for enlisted personnel in grades E-5 through E-7. Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard, to further increase such amounts or increase amounts authorized for other enlisted personnel (requiring such Secretary to justify such increases as part of the annual budget justification submitted to Congress).
(Sec. 603) Provides a revised method for the annual calculation of the basic allowance for subsistence (BAS) based upon the percentage increase in the monthly cost of a liberal food plan for a U.S. male between the ages of 20 and 50, as determined by the Secretary of Agriculture.
(Sec. 604) Directs the Secretary concerned to increase to up to $500 monthly the BAS for low-income (as defined under the Food Stamp Act of 1977) military personnel and their dependents. Terminates such increase upon the occurrence of any of the following: (1) payment of such allowance for 12 consecutive months; (2) promotion to a higher grade; or (3) transfer to a permanent change of station. Requires the Secretary to report annually to Congress on the number of personnel receiving such additional allowance. Terminates such allowance on September 30, 2006.
(Sec. 605) Directs the Secretary to prescribe the monthly rate of the basic allowance for housing (BAH) inside the United States based upon the cost of adequate housing in the local area. Revises the calculation for the minimum amount of BAH available in a fiscal year. Authorizes the payment of a BAH for members with dependents who are unable to accompany such members to their new duty station.
Amends the National Defense Authorization Act for Fiscal Year 1998 to increase from six to eight years the BAH transition period for management of the BAH growth rate.
(Sec. 606) Earmarks $30 million from authorized military personnel funds to increase the total available for BAH inside the United States.
(Sec. 607) Prohibits the Secretary, after June 30, 2001, in determining what constitutes adequate housing for members, from differentiating between members with dependents in pay grades
. Directs the Secretary, after such date, to establish a single monthly rate for all such members in the same military housing area, based on average area costs.
(Sec. 608) Authorizes the payment of BAH for members without dependents in pay grade E-4 (currently only E-5) who are on sea duty.
(Sec. 609) Authorizes the payment of a personal money allowance of $2,000 yearly for senior enlisted members serving in Sergeant Major, Master Chief Petty Officer, or Chief Master Sergeant positions.
(Sec. 610) Increases the initial and annual allowance for officers for the purchase of required uniforms and equipment.
(Sec. 611) Authorizes the Secretary (currently, the President) and the Secretary of Transportation with respect to the Coast Guard when not operating as a service in the Navy to prescribe requirements and allowances for clothing for enlisted personnel.
(Sec. 612) Increases the monthly subsistence allowance for members participating in precommissioning programs.
Subtitle B: Bonuses and Special and Incentive Pays
- Extends through 2001 specified authorities currently scheduled to expire at the end of 2000 with respect to certain special pay and bonus programs within the regular and reserve armed forces.
(Sec. 624) Allows a person who enlists for a period of at least two years to be paid an enlistment bonus of up to $20,000. Requires pro rata bonus repayment for unserved periods. Allows such bonus only for enlistments occurring by December 31, 2001.
(Sec. 625) Includes as eligible activities for the payment of special pay currently provided for reserve medical and dental officers active duty for training, annual training, or special work.
(Sec. 626) Eliminates a required congressional notification before the payment of retention special pay for optometrists and officers in nursing specialties.
(Sec. 627) Authorizes special pay for Coast Guard physician assistants.
(Sec. 628) Authorizes the Secretary concerned to pay special pay to an officer who is: (1) a pharmacy officer in the Medical Service Corps of the Army or Navy or the Biomedical Sciences Corps of the Air Force; and (2) on active duty under a call or order for a period of at least one year. Authorizes similar payments from the Secretary of Health and Human Services with respect to such officers in the Regular or Reserve Corps of the Public Health Service. Prohibits such payments for pay grades above O-6. Provides varying rates of such special pay based on creditable years of service and whether or not the officer is undergoing pharmacy internship training.
Authorizes the payment of an accession bonus to individuals graduating from an accredited pharmacy school who, between the enactment of this Act and September 30, 2004, execute a written agreement to accept a commission as an officer and to remain on active duty for at least four years. Limits such bonus to $30,000. Requires pro rata repayment for unserved periods.
(Sec. 630) Entitles a member on sea duty to career sea pay at a monthly rate prescribed by the Secretary concerned, but not to exceed $750. (Currently, such rates vary depending on the length of such duty, with a high-end limit of $520.) Authorizes a pay premium of up to $350 for every month served after 36 consecutive months.
(Sec. 631) Increases the monthly rate of special duty assignment pay for enlisted Guard and reserve personnel who are not on active duty at the time of the special duty assignment.
(Sec. 632) Entitles Guard or reserve personnel not on active duty who perform special duty to special duty assignment pay in the amount of one day of pay for each drill period in which the member participates in each month.
(Sec. 633) Authorizes payment of a retention bonus for officers or enlisted members serving on active duty who are qualified in a designated critical military skill if such officer or member agrees to either remain on such duty or extend such enlistment for at least one year. Requires the Secretary and the Secretary of Transportation (with respect to the Coast Guard when not operating under the Navy) to: (1) designate qualifying critical skills; and (2) notify Congress of each designation at least 90 days in advance of any payment. Prohibits: (1) any officer or member from receiving a total of more than $200,000 in such bonus payments; and (2) such payments for members who have or are about to complete 25 years of active duty. Requires pro rata bonus repayment for unserved periods. Requires annual reports by each Secretary analyzing such program. Terminates such authority on December 31, 2001.
(Sec. 634) Entitles Public Health Service Regular or Reserve Corps health officers to the same special pay as health professions officers of the armed forces.
Subtitle C: Travel and Transportation Allowances
- Authorizes the advance payment of temporary lodging expenses incurred by a member and his or her dependents while making a permanent change in duty stations. Allowance such payments for up to ten days. Revises generally provisions concerning the per diem for members on duty outside the United States or in Hawaii or Alaska.
(Sec. 642) Authorizes the Secretary concerned to reimburse a member for mandatory pet quarantine fees for household pets, with a limit of $275 per change of station.
(Sec. 643) Authorizes the Secretary concerned to pay to a member a share of the savings resulting from less-than-average shipping and storage costs of the member's baggage and household effects in connection with a change of duty station.
(Sec. 644) Prohibits the Secretary concerned from differentiating between members in pay grades
in the payment of dislocation allowances.
(Sec. 645) Authorizes the Secretary, after October 1, 2001, to reimburse a member for parking expenses incurred for a private vehicle being used to commute to a duty station to perform recruiting activities, duty with a military entrance processing facility, or instructional or administrative duties at an institution where a unit of the Senior Reserve Officers' Training Corps is maintained.
(Sec. 646) Allows the payment of certain travel and transportation expenses of military dependents of overseas personnel when such dependents are engaged in obtaining a formal education (currently, only a secondary or undergraduate college education) (thereby allowing graduate or vocational educational programs to be included).
Subtitle D: Retirement and Survivor Benefit Matters
- Provides an exception to the high-36 month retired pay computation for: (1) enlisted personnel who are reduced in grade; or (2) officer personnel who do not serve satisfactorily in the highest grade held. States that such retired pay base shall be determined as if the member first became a member before September 8, 1980.
(Sec. 652) Increases, for the year of enactment of the National Defense Authorization Act for Fiscal Year 2001 and subsequent years, the number of retirement points that may be credited for purposes of the retirement computation for members of the reserves.
(Sec. 653) Outlines procedures for retirement from active reserve service which is performed after retirement from the regular armed forces.
(Sec. 654) Repeals a provision suspending the payment of military retired pay while an individual serves as a Federal judge.
(Sec. 655) Amends the reserve component Survivor Benefit Plan (SBP) to require spousal consent for a member to elect: (1) not to participate in the SBP; or (2) to designate the effective date for the commencement of SBP payments in the event that the member dies before becoming 60 years of age to be the 60th anniversary of such member's birth.
(Sec. 656) Expresses the sense of Congress that there should be enacted during the 106th Congress legislation that increases the minimum basic annuities provided under the Survivor Benefit Plan (SBP) for surviving spouses of members of the uniformed services who are age 62 or older.
(Sec. 657) Entitles, as of October 1, 2001, former military personnel retired for disability to receive the special compensation pay for severely disabled military retirees authorized under the National Defense Authorization Act for Fiscal Year 2000.
Subtitle E: Other Matters
- Amends the National Defense Authorization Act for Fiscal Year 2000 to delay until 180 days after the enactment of this Act the effective date for active-duty and reserve personnel participation in the Thrift Savings Plan. Authorizes the Secretary to postpone such authority for up to 180 additional days, requiring notification of specified congressional committees.
(Sec. 662) Requires the Secretary, in determining eligibility for the armed forces special supplemental food program, to exclude from income any BAH authorized under the Child Nutrition Act of 1966.
(Sec. 663) Makes reserve personnel traveling to inactive-duty training at a location more than 50 miles from their residence eligible for billeting in DOD facilities on the same basis and to the same extent as members on active duty traveling away from their permanent duty station.
(Sec. 664) Authorizes the Secretary to settle claims for payments for unused accrued leave and for retired pay.
(Sec. 665) Provides certain benefits and protections for persons incurring injury, illness, or disease while traveling to, performing, or returning from funeral honors duty, including incapacitation pay and tort claims eligibility.
(Sec. 666) Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to extend for up to 18 additional months the deadline for filing claims associated with the capture and internment of certain persons by North Vietnam.
(Sec. 667) Directs the Secretary of the Navy to pay back pay to a claimant who, by reason of being interned as a prisoner of war while a member of the Navy or Marine Corps during World War II, was unable to accept a promotion for which such claimant was selected. Requires such back pay to be paid to the spouse of such member if the member is deceased. Requires such Secretary to ensure that such benefits and eligibility requirements are widely publicized.
(Sec. 668) Expresses the sense of Congress that the President should provide funding sufficient to ensure that the reserve components meet requirements specified in the National Military Strategy, including training requirements.
Title VII: Health Care Provisions
Subtitle A: Health Care Services
- Amends the National Defense Authorization Act for Fiscal Year 2000 to authorize the Secretary to provide domiciliary and custodial care to Civilian Health and Medical Program (CHAMPUS) beneficiaries whose eligibility for such care was discontinued due to their concurrent eligibility for hospital insurance benefits under title XVIII (Medicare) of the Social Security Act and subsequently reestablished under other legal authority. Limits such costs to $100 million per fiscal year. Directs the CG to study and report to Congress on the coordination and effectiveness of the supplemental disability health care programs of DOD in meeting the health care needs of disabled dependents of military personnel on active duty.
(Sec. 702) Directs the Secretary, by March 31, 2001, to complete development of a plan to provide chiropractic health care services and benefits for all members entitled to CHAMPUS health care as active-duty personnel. Requires, until the plan is implemented, the continuation of current chiropractic services and benefits under the Defense Health Program as provided during FY 2000 at military medical treatment facilities. Requires a report from the Secretary to the defense committees. Requires the CG to monitor the development of such plan, and periodically submit progress reports to such committees.
(Sec. 703) Directs CHAMPUS administering Secretaries to furnish to an eligible CHAMPUS minor dependent (at least 5 and less than 12 years old) a school-required physical examination.
(Sec. 704) Extends until three years after an eligible member's death (currently, one year) the continuation of CHAMPUS medical and dental benefits for such member's survivors.
(Sec. 705) Extends through December 31, 2002, the authority to use contract physicians at military entrance processing stations and other facilities outside of military medical treatment facilities.
(Sec. 706) Amends CHAMPUS to authorize medical and dental care to former members who are Medal of Honor recipients, and for their dependents.
Subtitle B: Senior Health Care
- Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to provide an April 1, 2001, delimiting date for implementation of the redesign of the DOD pharmacy system to incorporate best business practices of the private sector in providing pharmaceuticals to certain Medicare-eligible individuals. Revises certain report dates. Repeals a provision requiring such redesign in two separate areas selected by the Secretary.
(Sec. 712) Provides CHAMPUS eligibility conditions for persons enrolled in the supplementary medical insurance program under Medicare part B and, in the case of a person under 65 years of age, entitled to hospital insurance benefits under part A of Medicare. Extends through 2001 the TRICARE (a DOD managed-care program) Senior Prime demonstration program. Authorizes the administering Secretaries to enter into a new or revised agreement to continue the program after such period. Revises program expenditure limits, payment methodology, and reporting requirements.
(Sec. 713) Establishes in the Treasury the Department of Defense Medicare-Eligible Retiree Health Care Fund to finance, on an actuarially sound basis, DOD liabilities under retiree health care programs for Medicare-eligible beneficiaries. Establishes a Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries to review Fund valuations and report at least every four years to the President and Congress on Fund status. Provides actuarial valuation responsibilities of the Board and the Secretary. Requires certain payments into the Fund to cover future costs.
Subtitle C: TRICARE Program
- Prohibits the Secretary, in the case of a CHAMPUS beneficiary entitled to medical and dental care and enrolled in TRICARE Standard, from requiring that, with respect to covered health care services, such beneficiary obtain a nonavailability of military health care statement or preauthorization from a military medical care facility in order to receive such care in a civilian health care facility. Authorizes the Secretary to require that such beneficiary notify his or her primary care manager of any health care received from a civilian health care or specialized care facility. Provides exceptions to such prohibition.
(Sec. 722) Authorizes coverage under the TRICARE Program for remote areas of the continental United States for members of the Coast Guard when not operating as a service in the Navy and members of the National Oceanic and Atmospheric Administration and Public Health Service. Requires coverage for the medical care of eligible military dependents to be comparable to medical care coverage and timely access standards under the TRICARE Prime option.
(Sec. 723) Directs the Secretary, by October 1, 2001, to implement a system to simplify and make accessible through the Internet critical administrative processes within the military health care system and the TRICARE program. Requires the Secretary to submit to the defense committees a plan to provide portability and reciprocity of benefits for all enrollees under the TRICARE program throughout all TRICARE regions.
(Sec. 724) Authorizes TRICARE managed care support contracts in effect or in final stages of acquisition as of September 30, 1999, to be extended for four years in the best interests of the Government.(Sec. 725) Directs the Secretary to report to the defense committees recommending practices to discourage or prohibit health care providers under the TRICARE program from seeking direct reimbursement from members or dependents for health care received.
(Sec. 726) Provides a process under the TRICARE program for the disenrollment from dental coverage of retired members and their dependents. Provides limited circumstances under which disenrollment shall be permitted during the 24-month initial enrollment period.
(Sec. 727) Directs the Secretary to take all necessary action to implement specified TRICARE claims processing revisions.
(Sec. 728) Directs the Secretary to ensure that no contract for managed care support under TRICARE shall require a managed care support contractor to require a primary or specialty care provider to obtain prior authorization before referring a patient to a specialty care provider that is part of the contractor's network of health care providers or institutions. Requires a report from the CG to Congress on the financial and management implications of eliminating the requirement to obtain nonavailability of health care statements.
Subtitle D: Demonstration Projects
- Directs the Secretary to conduct a demonstration program under which licensed and certified professional mental health counselors who meet eligibility requirements for CHAMPUS or TRICARE health care providers may provide services to covered beneficiaries without referral by physicians or adherence to supervision requirements. Requires the program to be conducted during the two-year period beginning October 1, 2001, in one established TRICARE region. Directs the Secretary to submit to the defense committees a plan to carry out such program. Requires a report from the Secretary to Congress on program results.
(Sec. 732) Requires the Secretary, during the two-year period beginning on the enactment of this Act, to conduct a demonstration project for increasing efficiency of operations with respect to teleradiology at a military medical treatment facility and supporting remote clinics and increasing teleradiology coordination between such facilities and clinics.
(Sec. 733) Directs the Secretary to carry out a demonstration program to explore opportunities for improving the planning, programming, budgeting, and management of the DOD health care system. Terminates the program on December 31, 2001. Requires a program report. Provides funding from O&M funds.
Subtitle E: Joint Initiatives With Department of Veterans Affairs
- Directs the Secretary to: (1) give full force and effect to any DOD-Department of Veterans Affairs health care facilities sharing agreement that was in effect on September 30, 1999; and (2) ensure that the Secretary concerned reimburses the Secretary of Veterans Affairs for services or resources provided under such an agreement in facilities of the Department of Veterans Affairs.
(Sec. 742) Directs the Secretary to implement a centralized process for the reporting, compiling, and analysis of errors in the provision of health care under the defense health program that endanger patients beyond the normal risks associated with care and treatment. Requires safety indicators, standards, and protocols to be included in such process.
(Sec. 743) Directs the Secretaries of Defense and Veterans Affairs to cooperate in developing systems for the use of bar codes for the identification of pharmaceuticals in the health care programs of each department. Requires identical bar codes for common pharmaceuticals of such departments.
Subtitle F: Other Matters
- Directs each military department Secretary to establish a system for tracking, recording, and reporting separations of military personnel resulting from their refusal to participate in the anthrax vaccine immunization program. Directs the Secretary to report annually to the defense committees on information compiled. Outlines procedures for medical and administrative exemptions from such immunizations. Requires the Secretary to: (1) implement a system for monitoring adverse vaccine reactions of military personnel; and (2) notify DOD civilian emergency essential employees required to participate in the immunization program. Requires certain reports and reviews from the CG and the Secretary to the defense committees.
(Sec. 752) Prohibits a copayment from being charged to a dependent of a member eligible for care under TRICARE Prime.
(Sec. 753) Amends the National Defense Authorization Act for Fiscal Year 2000 to require certain additional information in an annual report from the Secretary to Congress on DOD medical informatics. Earmarks specified FY 2001 O&M funds for pharmaceuticals-related medical informatics.
(Sec. 754) Directs the Secretary to establish a patient care error reporting and management system, with specified purposes and requirements. Directs the Secretary to expand the health care team coordination program to integrate that program into all DOD health care operations.
(Sec. 755) Authorizes the Secretaries of the Army and Health and Human Services to jointly conduct a program to augment the Army Medical Department by exercising available authority for detailing reserve commissioned officers of the Public Health Service not in an active status to the Army Medical Department. Requires a report to the defense committees.
(Sec. 756) Directs the Secretary to submit to Congress a comprehensive plan to improve privacy protections for DOD-maintained medical records, to be consistent with provisions of the Health Insurance Portability and Accountability Act of 1996.
(Sec. 757) Directs the Secretary, in order to ensure access to care for all CHAMPUS beneficiaries, to designate specified rates for reimbursement for services in certain localities where without such rates such services would otherwise be severely impaired. Requires related reports from: (1) the Secretary to the defense committees; and (2) the CG to Congress.
(Sec. 758) Provides that in any case in which a covered CHAMPUS beneficiary is referred by a primary care physician to a specialty care provider more than 100 miles away, the Secretary shall reimburse such beneficiary for reasonable travel expenses.
(Sec. 759) Directs the Secretary to reduce to $3,000 the catastrophic cap for covered beneficiaries under TRICARE Standard and TRICARE Extra.
(Sec. 760) Amends the National Defense Authorization Act for Fiscal Year 1996 to include certain additional individuals within a training program for DOD health care management and administration. Prohibits a person from being assigned as a commander, deputy commander, or managed care coordinator of a military medical treatment facility, or as a TRICARE lead agent or senior member of the staff of a lead agent, until the Secretary concerned certifies to the Secretary that the person has completed such training. Requires a report from the Secretary to Congress on progress made in meeting training requirements.
(Sec. 761) Directs the Secretary of the: (1) Army to study and report to the defense committees on the feasibility of the Tripler Army Medical Center, Hawaii, sharing its biomedical research facility with the Department of Veterans Affairs and the School of Medicine at the University of Hawaii; and (2) Air Force to study and report to the defense committees on the feasibility of the Little Rock Medical Facility, Arkansas, sharing its biomedical research facility with the Department of Veterans Affairs and the School of Medicine at the University of Arkansas.
(Sec. 762) Directs the Secretary to conduct a study comparing coverage and reimbursement for CHAMPUS beneficiaries for physical, speech, and occupational therapies under the TRICARE Program and CHAMPUS to coverage and reimbursement for such therapies by insurers under Medicare and the Federal Employees Health Benefits Program. Requires a findings report to the defense committees.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters
Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations
- Amends the Federal Acquisition Streamlining Act of 1994 to: (1) extend through October 1, 2007, the authority for certain defense acquisition programs to participate in a defense acquisition pilot program authorized under prior law; (2) include 500-pound bombs within the Joint Direct Attack Munition program; and (3) require a report from the Secretary to the defense committees on DOD acquisition pilot programs.
(Sec. 802) Authorizes the head of a defense agency to enter into multiyear contracts of up to five years for the acquisition of certain services (operation, maintenance, training, base services) upon finding that: (1) there will be a continuing requirement for such services; (2) the furnishing of such services will require a substantial initial investment or the incurrence of substantial contingent liabilities; and (3) the use of such contract will promote the best interests of the United States. Outlines certain principles to be followed when entering into such contracts. Prohibits such agency head from entering into a contract that includes an unfunded contingent liability in excess of $20 million without at least 30 days' prior notification of the defense and appropriations committees. Prohibits such agency head from entering into such a contract exceeding $500 million unless the authority for such contract is specifically provided by law. Requires notification similar to above before a contract with a cancellation ceiling in excess of $100 million may be awarded. Requires cancellation or termination of a contract for which funds are not made available into a subsequent year.
(Sec. 803) Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) extend through FY 2004 the authority of the Defense Advanced Research Projects Agency to carry out certain prototype projects; and (2) prohibit the use of such authority unless certain conditions are met, including the participation of at least one nontraditional defense contractor.
(Sec. 804) Amends the above Act to limit the right of the CG to review records of prototype project participants to only those records that are of the same type that the Government has the right to examine under audit access clauses or previous agreements or transactions.
(Sec. 805) Extends until October 1, 2005, current limitations on DOD procurement of ball and roller bearings.
(Sec. 806) Revises certain reporting requirements relating to DOD multiyear contracting authority. Prohibits the head of an agency from entering into such a contract exceeding $500 million until the Secretary submits certain information to the defense and appropriations committees.
(Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to make small businesses owned and controlled by women eligible for assistance under the mentor-protege program.
(Sec. 808) Amends provisions concerning qualifications for employment and assignment in DOD contracting positions to: (1) make members of the armed forces eligible; and (2) provide the occupational series and requirements for positions to be filled by members of the armed forces (with an exception for those already employed in such position on September 30, 2000).
(Sec. 809) Amends the Clinger-Cohen Act of 1996 to authorize the Administrator for Federal Procurement Policy, as part of a current pilot program to test the feasibility of using solutions-based contracting for the acquisition of information technology, to carry out not more than ten projects: (1) each having an estimated cost of at least $25 million and not more than $100 million; and (2) for small business concerns, each having an estimated cost of at least $1 million and not more than $5 million. Eliminates the requirement for Federal funding of the program's definition phase.
(Sec. 810) Amends the Office of Federal Procurement Policy Act to: (1) require the appropriate executive agency (currently, the Secretary of Commerce) to publish a procurement solicitation notice (notice); (2) allow such notices to be published electronically; and (3) consider an electronic notice accessible if it is in a form that allows convenient and universal user access through the single Government-wide point of entry designated in the Federal Acquisition Regulation (FAR). Makes identical revisions for procurement notices under the Small Business Act. Changes from annually to biannually through 2004 a required report concerning the use of electronic commerce in Federal procurement.
Subtitle B: Information Technology
- Requires the DOD Chief Information Officer (CIO) to maintain a consolidated inventory of DOD mission critical and mission essential information systems, identify interfaces between such systems and other information systems, and develop and maintain contingency plans for responding to a disruption in the operation of such systems. Requires DOD Directive 5000.1 to be revised to establish minimum planning requirements for the acquisition of information technology systems. Requires such Directive to prohibit Milestone I, II, or III approval of a major automated information system within DOD until the CIO has made certain determinations with respect to system development, reengineering, and registration. Requires the CIO to notify the defense and appropriations committees whenever during FY 2001 through 2003 a major automated information system is redesignated. Directs the Secretary to report to such committees during such fiscal years on implementation of this section.
(Sec. 812) Directs the Secretary to provide for the collection of data on purchases of information technology for each purchase made by a military department or defense agency in excess of the simplified acquisition threshold. Requires the head of each DOD contracting activity to ensure the fairness of unit prices paid for information technology products and services that are frequently purchased, commercially-available off-the-shelf items. Limits purchases in excess of the threshold from a Federal agency outside of DOD. Requires an annual report from the Secretary to the defense committees summarizing data collected.
(Sec. 813) Requires the FAR to be amended to address the use of personnel experience and educational requirements in the procurement of information technology services. Requires the CG to submit to Congress an evaluation of executive agency compliance with such regulations and conformity of such regulations with existing law.
(Sec. 814) Prohibits Navy funds from being obligated or expended to carry out a Navy-Marine Corps Intranet contract until: (1) the DOD CG and the Director of the Office of Management and Budget have reviewed and commented on certain reports to Congress on such program; and (2) the Navy's Secretary and Chief of Naval Operations have certified jointly to Congress that they have reviewed the business case for such contract and determined that contract implementation is in the best interests of the Navy. Requires the phased implementation of such contract, and provides contract requirements. Directs the Secretary to mitigate any adverse impact of such contract on Navy civilian employees.
(Sec. 815) Expresses the sense of Congress that: (1) DOD must focus on upgrading information technology systems to allow seamless and interoperable communications; and (2) each military department Secretary must commit to achieve such goal and ensure that all communications systems within that department receive appropriate funding for information technology.
Subtitle C: Other Acquisition-Related Matters
- Requires FAR to be revised to establish a preference for performance-based contracts and task orders for the purchase of DOD services. Outlines conditions under which such a contract or task order will be treated as a contract for the procurement of commercial items. Requires an implementation report from the CG to the defense and appropriations committees. Directs the Secretary of each military department to establish at least one center of excellence in contracting for services for assistance to the acquisition community. Requires the Secretary to ensure that classes focusing on such contracting are offered by the Defense Acquisition University and the Defense Systems Management College and available to contracting personnel throughout DOD. Requires appropriate training for defense contracting personnel.
(Sec. 822) Directs the Secretary to carry out, and report to the defense and appropriations committees on, a financial analysis of the costs and benefits of the use of dual rates for quantifying overhead costs at Army ammunition plants.
(Sec. 823) Amends the Department of Defense Appropriations Act, 2000 to repeal a prohibition on the use of DOD funds to procure a nuclear-capable shipyard crane from a foreign source.
(Sec. 824) Provides that a current authorized waiver of live-fire survivability testing shall not apply with respect to survivability and lethality tests for the MH 47E and MH 60K helicopter modification programs. Authorizes the Secretary to waive the application of such tests after certifying to Congress that such testing would be unreasonably expensive and impracticable.
(Sec. 825) Expresses the sense of Congress that any DOD entity, in expending funds for the purchase of equipment or products, should comply with the Buy American Act. Requires the Secretary to determine whether to disbar from contracting with DOD a person who has been convicted of intentionally affixing a "Made in America" label to any product sold in or shipped to the United States when such product was not so made.
(Sec. 826) Prohibits the Secretary, in awarding a contract for the purchase of firearms or ammunition, from taking into account whether a manufacturer or vendor is a party to an agreement under which such manufacturer or vendor agrees to adopt limitations with respect to importing, manufacturing, or dealing in firearms or ammunition in the commercial market.
Subtitle D: Studies and Reports
- Requires the Secretary to conduct a study of the impact of the foreign sourcing of certain defense system contracts on long-term military readiness and related industrial infrastructure. Requires a report on study results from the Secretary to Congress.
(Sec. 832) Directs the CG to convene a panel of experts to study policies and procedures governing the transfer of Government commercial activities from Government personnel to a Federal contractor. Requires: (1) the opportunity for study participation by other interested parties; and (2) study results to be submitted to Congress.
(Sec. 833) Directs the CG to study and report to the defense and appropriations committees on the use of the practice known as "contract bundling" with respect to military construction contracts.
(Sec. 834) Directs the Secretary to study and report to the defense committees on DOD contract bundling and its effects on small businesses, economically and socially disadvantaged small businesses, small businesses owned by women, and historically underutilized business zones.
Title IX: Department of Defense Organization and Management
Subtitle A: Duties and Functions of Department of Defense Officers
- Provides specified duties of one of the Assistant Secretaries, as designated by the Secretary, with respect to combating terrorism.
(Sec. 902) Changes from Deputy Chiefs of Staff to Deputy Commandants the title of five positions within the headquarters of the Marine Corps. Removes three Assistant Chiefs of Staff from such headquarters.
(Sec. 903) Revises military whistleblower provisions to include among those authorized to receive information any officer of the armed forces or DOD employee who is assigned or detailed to serve as an Inspector General at any level.
(Sec. 904) Requires the Secretaries of the military departments and specified DOD officials to ensure that the management and conduct of the science and technology programs under their authority are carried out in a manner that will foster the transition of science and technology to higher levels of RDT&E. Requires the Chief of Naval Research to manage the Navy's basic, applied, and advanced research funds in a manner that will foster such transition.
(Sec. 905) Requires the inclusion of additional information in an annual report of the Joint Chiefs of Staff (JCS) Chairman on combatant command requirements.
Subtitle B: Department of Defense Organizations
- Authorizes the Secretary to operate an education and training facility, to be known as the Western Hemisphere Institute for Security Cooperation, which shall educate and train military, law enforcement, and civilian personnel of the Western Hemisphere within the democratic principles set forth in the Charter of the Organization of American States. Establishes a Board of Visitors for the Institute. Requires the Secretary to report annually to Congress on Institute activities. Repeals the authority for the United States Army School of the Americas.
(Sec. 912) Prohibits a regional center for security studies from being established in DOD until 90 days after the Secretary notifies Congress of the intent to establish such center. Requires an annual report from the Secretary to the defense committees on the operation of DOD regional centers.
(Sec. 913) Changes the name of the Armed Forces Staff College to the Joint Forces Staff College.
(Sec. 914) Directs the Secretary of the Navy to provide base operating support for Fisher houses associated with Navy health care facilities.
(Sec. 915) Amends the Armed Forces Retirement Home Act of 1991 to empower the Secretary with supervisory control over the Retirement Home Board. Requires all Board appointments to be subject to the Secretary's approval, and allows the Secretary to terminate a member at any time. Makes the Board Chairman responsible to the Secretary.
(Sec. 916) Directs the JCS Chairman to report semiannually to the defense committees on activities of the Joint Requirements Oversight Council.
(Sec. 917) Directs the CG to: (1) review the efficiency of each operation of the Defense Logistics Agency and the Defense Information Systems Agency; and (2) report findings to the defense committees.
Subtitle C: Information Security
- Directs the Secretary to: (1) establish an Institute for Defense Computer Security and Information Protection, with appropriate responsibilities; and (2) enter into a contract with a non-profit entity or consortium to organize and operate the Institute. Provides Institute funding through DOD O&M funds. Requires an implementation report from the Secretary to the defense and appropriations committees.
(Sec. 922) Authorizes the Secretary, in order to encourage the recruitment and retention of DOD personnel with computer and network security skills necessary to meet DOD information assurance requirements, to carry out programs to provide financial support for education in disciplines relevant to such requirements at institutions of higher education. Authorizes the Secretary to provide financial assistance (a scholarship) to persons pursuing an education in such disciplines. Requires in exchange for such assistance that a person enter into a service agreement to continue to either serve on active duty in a military department or as a DOD employee for a period determined by the Secretary to be appropriate to obtain adequate service in exchange for such assistance. Allows such assistance to be used to support related internship activities. Requires a pro rata refund of assistance amounts for unserved periods. Outlines funding allocation requirements.
Authorizes the Secretary to provide grants of financial assistance to institutions of higher education to support the establishment, improvement, or administration of programs of education in information assurance disciplines. Requires consideration to be given to institutions that are a Center of Academic Excellence in Information Assurance Education. Makes the program inapplicable to the Coast Guard when not operating as a service in the Navy. Provides program funding through DOD O&M funds. Requires the Secretary to submit to the defense and appropriations committees a plan for implementing such programs.
Subtitle D: Reports
- Revises the date for submission of certain reports on shortfalls within future-years defense programs in equipment procurement and military construction for the reserve components.
(Sec. 932) Requires a report from the Secretary to the defense committees setting forth the number of DOD personnel performing legislative liaison functions as of April 1, 2000.
(Sec. 933) Directs the Secretary and the Director of Central Intelligence to report jointly to the defense, appropriations, and intelligence committees assessing alternatives for the establishment of a national collaborative information analysis capability. Directs the Secretary to ensure the completion and use of the Army's Land Information Warfare Activity.
(Sec. 934) Requires a report from the Secretary to the defense and appropriations committees on: (1) the development and implementation of network centric warfare concepts within DOD; and (2) the present and future use of the joint experimentation program of DOD in the development of such concepts.
(Sec. 935) Requires the Secretary of the Air Force to report to the defense committees on the roles and missions, organizational structure, funding, and operations of the Air Force Institute of Technology as projected through 2010.
Subtitle E: Other Matters
- Empowers the Secretary to reduce required personnel reductions in major DOD headquarters by a cumulative total of 7.5 percent if the Secretary certifies to Congress that execution of the current 15 percent reductions would adversely impact national security.
(Sec. 942) Directs the Secretary of the Navy to transfer all amounts in the: (1) Naval Historical Center Fund to the Department of the Navy General Gift Fund; and (2) United States Naval Academy Museum Fund to the gift fund maintained for the benefit and use of the U.S. Naval Academy. Requires closure of the depleted Funds. Combines the latter funds under (1) and (2), above, into the United States Naval Academy Gift and Museum Fund, and allows such Fund to accept loans of personal property other than money in addition to gifts and bequests. Requires the Secretary of the Navy to prescribe written guidelines to determine whether the acceptance of any gift, bequest, or loan would reflect unfavorably on the Navy or any of its officers and employees.
(Sec. 943) Authorizes the Secretary of the Navy to disburse to an entity designated by a gift donor the current cash value of a gift accepted before the enactment of this Act for the Naval Academy general gift fund.
Title X: General Provisions
Subtitle A: Financial Matters
- Authorizes the Secretary, in the national interest, to transfer up to $2 billion of the amounts made available to DOD in this Division for FY 2001 between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Incorporates into this Act the Classified Annex prepared in connection with this bill and transmitted to the President.
(Sec. 1003) Adjusts amounts authorized to be appropriated to DOD for FY 2000 by the amounts by which such appropriations were increased or decreased in the 2000 Emergency Supplemental
(Sec. 1004) Prohibits the total amount that may be contributed by the Secretary in FY 2001 for the common-funded budgets of NATO from being greater than the total that would otherwise be applicable under the FY 1998 baseline limitation.
(Sec. 1005) Limits the amount of DOD O&M funds that may be obligated for incremental costs
for Bosnia and Kosovo peacekeeping operations. Authorizes the President to waive such
limitations after certifying to Congress that the waiver is necessary to U.S. national security interests and will not affect military readiness.
(Sec. 1006) Requires that, of the contract vouchers received by the Defense Finance and Accounting System by means of the mechanization of contract administration services systems, the number of such vouchers that remain unpaid for more than 30 days at the end of each month may not exceed five percent of the total number of vouchers received. Directs the Secretary, for any month that such requirement is not met, to report to Congress on the magnitude of the unpaid vouchers.
(Sec. 1007) Directs the Secretary to submit to the defense committees a plan to ensure that each contractual, grant, agreement, or transactional obligation of DOD be recorded in the appropriate financial administration systems within ten days after the obligation is incurred.
(Sec. 1008) Directs the Secretary to require that any claim for payment under a DOD contract be submitted to DOD in electronic form. Authorizes the Secretary to waive such requirement if it is determined to be unduly burdensome. Requires the Secretary to submit an implementation plan to the defense committees.
(Sec. 1009) Provides for the crediting of amounts deducted from amounts due a carrier and representing an administrative offset for an overpayment previously made to such carrier under any DOD contract for transportation services, or as liquidated damages due under such contract. Provides a simplified offset procedure for the collection of claims not in excess of the simplified acquisition threshold.
(Sec. 1010) Requires the head of an agency who does not pay a contractor business a required interim payment to pay an interest penalty on the amount of payment due.
Subtitle B: Naval Vessels and Shipyards
- Requires a company entering into a contract for the incorporation of defense features in commercial vessels to agree to make any covered vessel available to the Secretary, fully crewed and ready for sea, at any port and for whatever duration determined by the Secretary. Authorizes the head of an agency to make advance payments to cover the costs of maintaining such vessels in a ready status in the Reserve Fleet for 25 years. Prohibits any agency head from entering into such a contract until 90 days after notification of the defense and appropriations committees.
(Sec. 1012) Expresses the sense of Congress that the CVN-77 aircraft carrier should be named the U.S.S. LEXINGTON to honor the men and women who served in the armed forces during World War II, as well as citizens on the home front who provided mobilization support.
(Sec. 1013) Authorizes the President to transfer, on either a grant basis or combined lease-sale basis, specified naval vessels to Brazil, Chile, Greece, and Turkey. Provides transfer conditions, including payment of the full purchase price by the appropriate country. Authorizes appropriations for the Defense Vessels Transfer Program Account to cover lease-sale transfer costs. Prohibits the value of vessels transferred on a grant basis from being counted against the aggregate value of excess defense articles authorized to be transferred to other countries under the Foreign Assistance Act of 1961. Requires transfer expenses to be borne by vessel recipients. Directs the President, as a transfer condition, to require any needed vessel repair or refurbishment to be performed in a U.S. shipyard, including a Navy shipyard. Terminates such transfer authority two years after the enactment of this Act.
(Sec. 1014) Amends the National Defense Authorization Act for Fiscal Year 2000 to modify a certain vessel retransfer authority to include an alternate vessel.
Subtitle C: Counter-Drug Activities
- Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2006 the authority of the Secretary to provide counter-drug support assistance to the Government of Colombia.
(Sec. 1022) Directs the Secretary to report to the defense and appropriations committees detailing the expenditure of funds during FY 2000 in support of the counter-drug activities of foreign governments.
(Sec. 1023) Directs the Secretary to recommend to the defense committees whether expanded support for counter-drug activities in Peru and Colombia should be authorized.
(Sec. 1024) Directs the Secretary to review and report to the defense committees on the riverine counter-drug support program in such countries.
(Sec. 1025) Directs the Secretary to report to Congress on the status of the Tethered Aerostat Radar System used to conduct counter-drug detection and monitoring and border security and air sovereignty operations.
(Sec. 1026) Expresses the sense of Congress that the President should be able to use military personnel to assist law enforcement agencies in preventing the entry into the United States of terrorists and drug traffickers, weapons of mass destruction and their components, and prohibited narcotics and drugs.
Subtitle D: Counterterrorism and Domestic Preparedness
- Directs the Secretary to report to Congress on DOD preparedness of first responders with regard to incidents involving weapons of mass destruction on military installations.
(Sec. 1032) Authorizes the Secretary, during FY 2001, to establish up to five additional teams designated as Weapons of Mass Destruction Civil Support Teams.
(Sec. 1033) Authorizes the Secretary to guarantee up to $10 million of the payment of any loan made to a qualified commercial firm to improve protection of critical infrastructure and to refinance improvements previously made for such protection. Authorizes the Secretary to assess and collect a loan guarantee fee of at least 75 percent of the amount incurred to guarantee the loan. Allows the Secretary to use up to $500,000 annually from DOD O&M funds to provide such loan guarantees (requiring reimbursement of such funds when practicable). Requires reports from loan recipients to the Secretary, and from the Secretary to Congress, regarding such program.
(Sec. 1034) Directs the President to report to Congress on the status of domestic preparedness against the threat of biological terrorism. Directs the Secretary to submit to Congress an intelligence estimate of the threat posed by a terrorist using a biological weapon.
(Sec. 1035) Requires the CG to report to the defense committees on U.S. strategies, policies, and programs for combating domestic terrorism.
Subtitle E: Strategic Forces
- Directs the Secretary to conduct a comprehensive review of the nuclear posture of the United States for the next five to ten years. Requires a report. Expresses the sense of Congress that such review should be used as the basis for establishing future U.S. arms control objectives and negotiating positions.
(Sec. 1042) Directs the Secretary to develop a long-range plan for sustaining and modernizing U.S. strategic nuclear forces to counter emerging threats and to satisfy evolving requirements of deterrence. Requires such plan to be submitted to Congress.
(Sec. 1043) Amends the National Defense Authorization Act for Fiscal Year 1998 to apply to any strategic nuclear delivery system the authority of the Secretary to waive funding limitations for the retiring or dismantling of specified systems below certain levels.
(Sec. 1044) Directs the Secretary to study and report to the defense committees on the defeat of hardened and deeply buried targets.
(Sec. 1045) Expresses the sense of Congress that it is: (1) in the national interest to maintain a robust and balanced triad of strategic nuclear delivery vehicles; and (2) not in the national interest to reduce U.S. conventional bomber capabilities.
Subtitle F: Miscellaneous Reporting Requirements
- Requires the CG to review DOD working-capital funded activities to identify potential changes in current management practices or policies that would result in more efficient and economical operation of such activities.
(Sec. 1052) Requires the Secretary of the Navy to report to Congress on the Navy's plan for providing submarine rescue support vessels through FY 2007.
(Sec. 1053) Directs the President to submit to Congress a comprehensive report on the specific steps being taken by the Federal Government to develop critical infrastructure assurance strategies as outlined under a specified presidential directive.
(Sec. 1054) Directs the Secretary to report to Congress describing the policies and procedures for DOD decision-making in cases of submitted claims that are suspected or alleged to be false.
Subtitle G: Government Information Security Reform
- Requires the Director of the Office of Management and Budget (OMB) to establish government-wide policies for the management of programs that: (1) support the cost-effective security of Federal information systems by promoting security as an integral part of each agency's business operations; and (2) include information technology architectures as defined under the Clinger-Cohen Act of 1996. Requires such policies to: (1) be founded on a continuous risk management cycle; (2) implement controls that adequately assess the risk; (3) promote continuing awareness of information security risks; (4) continually monitor and evaluate information security policy; and (5) control effectiveness of information security practices. Outlines information security responsibilities of each agency, including the development and implementation of an agency-wide information security plan for the operations and assets of such agency. Makes each program subject to Director approval (with approval by the Secretary of Defense and the Director of Central Intelligence with respect to mission critical national security systems or intelligence information) and annual review by agency program officials.
Requires each agency to annually undergo an independent evaluation of its information security programs and practices. Requires related reports. Terminates the authority under this Subtitle two years after it takes effect.
(Sec. 1062) Directs the: (1) Secretary of Commerce to develop, issue, review, and update standards and guidance for the security of information in Federal computer systems; (2) Secretary of Defense, Central Intelligence Director, and any other designated agency head to develop and issue information security policies for mission critical systems of such entities and ensure the implementation of such policies; (3) Attorney General to review and update guidance to agencies on legal remedies regarding information security incidents and incident coordination with law enforcement agencies; (4) Administrator of General Services to review and update guidance on addressing security considerations relating to the acquisition of information technology; and (5) Director of the Office of Personnel Management (OPM) to review and update regulations concerning computer security training for Federal employees.
Allows mission critical information security policies developed by DOD and the Central Intelligence Agency to be adopted by the OMB Director, the Secretary of Commerce, and the heads of other Federal agencies with respect to their mission critical systems. Allows agencies to develop and implement more stringent information security policies than those required under this Act.
Subtitle H: Security Matters
- Prohibits any DOD officer, employee, or contractor, or member of the military, from being granted a security clearance if such person: (1) has been convicted of a crime which includes a prison sentence exceeding one year; (2) is an unlawful user of or addicted to any controlled substance; (3) is currently mentally incompetent; or (4) has been discharged from the armed forces under dishonorable conditions. Authorizes the Secretary or the Secretary concerned to waive such prohibition in meritorious cases (requiring an annual report from the Secretary to the defense committees on the use of any waivers).
(Sec. 1072) Directs the Secretary to prescribe a process for expediting the completion of background investigations necessary for granting security clearances for DOD and DOD-contractor personnel engaged in sensitive duties critical to national security. Requires the Secretary to annually review and revise such process.
(Sec. 1073) Authorizes the national security official concerned (the Secretary of Defense with respect to DOD, the Secretary of Transportation with respect to the Coast Guard when not operating in the Navy, and the Secretary of Energy with respect to Department of Energy national security programs) to withhold from otherwise-required public disclosure certain sensitive information of foreign governments and international organizations if such official determines that the release of such information would have an adverse effect on the ability of the U.S. Government to obtain the same or similar information in the future. Provides limitations and exceptions.
(Sec. 1074) Exempts from Federal public disclosure requirements DOD geodetic products which may reveal, jeopardize, or compromise military or intelligence capabilities.
(Sec. 1075) Requires amounts expended for declassification activities to show the total amount expended by DOD and the amount expended by each military department and defense agency. Limits to $30 million the total amount that may be expended by DOD during FY 2001 to carry out declassification activities and special searches.
(Sec. 1076) Amends provisions concerning access by Federal agencies to individual criminal history information for national security purposes to authorize the Department of Transportation to request such information. Allows the use of such information to determine eligibility for: (1) acceptance or retention in the armed forces; or (2) appointment, retention, or assignment to a position of public trust or a critical or sensitive position while employed with the Federal Government or performing a Federal contract. Requires automated information delivery systems to be used whenever available. Prohibits fees charged from exceeding actual costs. Prohibits a criminal justice agency providing such information from limiting such disclosure on the basis that the repository is accessed from outside the State.
(Sec. 1077) Extends through 2002 DOD authority to engage in commercial activities as security for intelligence collection activities.
(Sec. 1078) Directs the Secretary to: (1) review classification and security policies; and (2) ensure that such policies do not prevent or discourage employees at former nuclear weapons facilities who may have been exposed to hazardous substances from discussing such exposure with health care providers and other appropriate officials. Requires the Secretary to notify such former employees of the possible exposure and their rights under this section. Requires a report from the Secretary to the defense committees.
Subtitle I: Other Matters
- Authorizes the Secretary to use up to $500,000 in any fiscal year from DOD O&M funds to fund administrative expenses relating to the export loan guarantee program. Requires the reimbursement of the O&M accounts when practicable. Prohibits the Secretary from exercising such authority until submitting a report to Congress on the operation of such program, including a determination as to which DOD agency, office, or activity should administer the program.
(Sec. 1082) Directs the Secretary to establish a transit pass program for the transportation to and from work of DOD personnel who reside in areas that do not meet revised national ambient air quality standards provided under the Clean Air Act.
(Sec. 1083) Authorizes the Secretary of the Navy to convey to the Collings Foundation of Stow, Massachusetts, all U.S. rights and interest to one surplus TA-4 aircraft that is flyable or can be readily restored to flyable condition. Requires such aircraft to be altered within one year to remove any combat capability. Requires reversion to the United States upon the breach of any transfer conditions.
(Sec. 1084) Directs the Secretary of the Army to convey to the Cannonball House Museum in Macon, Georgia, all U.S. rights and interest to a certain 12-pound Napoleon cannon. Requires reversion to the United States upon the breach of any transfer conditions.
(Sec. 1085) Authorizes the Secretary concerned to charge a fee for providing requested information from the United States Army Military History Institute, the United States Naval Historical Center or Marine Corps Historical Center, or the United States Air Force Military History Institute, respectively. Limits the fee to the actual cost of providing the information.
(Sec. 1086) Authorizes the Secretary to make a grant to the American Red Cross for each of fiscal years 2001 through 2003 for support of the Armed Forces Emergency Services program. Requires Red Cross matching funds to support such program.
(Sec. 1088) Revises the maximum size of parcel post packages transported overseas for military post offices.
(Sec. 1089) Expresses the sense of Congress that military personnel who receive special pay for duty subject to hostile fire or imminent danger should receive the same tax treatment as members serving in combat zones.
(Sec. 1090) Defines the Civil Air Patrol as a federally chartered nonprofit corporation and not an instrumentality of the Federal Government for any purpose. Makes the Patrol a volunteer civilian auxiliary of the Air Force when used by any Federal department or agency. Authorizes the Patrol, at the request of State or local governmental entities, to provide disaster relief missions and activities and other emergency and nonemergency missions and activities. Authorizes the Patrol to use Air Force equipment, supplies, and resources to perform such missions and activities.
Requires funds appropriated for the Patrol to be available only for their exclusive use.
Authorizes the Secretary of the Air Force to use Patrol chaplains in support of Air Force active duty and reserve personnel.
Makes the Patrol Board of Governors its governing body. Requires Patrol regulations prescribed by the Secretary of the Air Force to be approved by the Secretary of Defense.
(Sec. 1091) Amends the National Defense Authorization Act for Fiscal Year 2000 to add specified duties for the Commission to Assess United States National Security Space Management and Organization.
(Sec. 1092) Establishes the Commission on the Future of the United States Aerospace Industry to undertake certain studies, evaluations, and assessments with respect to the future of the U.S. aerospace industry as it relates to U.S. economic and national security. Requires a Commission report to the President and Congress. Terminates the Commission 30 days after such report.
(Sec. 1093) Amends the Controlled Substances Act to authorize medical practitioners to dispense narcotic drugs in schedules III, IV, or V if, before the initial dispensing of such drugs, the practitioner submits to the Secretary of Health and Human Services a notification of the intent to begin dispensing such drug for maintenance or detoxification treatment, as well as related certifications. Provides conditions for drugs so used, including that such drugs have been approved for maintenance or detoxification treatment under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act, and that the drugs have not been the subject of an adverse determination with respect to the use of such drugs for such purposes. Requires each such practitioner to be assigned an identification number for inclusion with the registration issued for the dispensing of drugs. Requires such Secretary to take certain action to ensure that registered practitioners meet all dispensing requirements under the above Act.
Requires such Secretary to issue a treatment improvement protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients. Prohibits a State, during the three-year period beginning on the enactment of this Act, from precluding a practitioner from dispensing or prescribing drugs for such purpose unless the State enacts a law prohibiting such action.
Authorizes appropriations to assist such Secretary in meeting additional duties required by this section.
Title XI: Department of Defense Civilian Personnel
Subtitle A: Civilian Personnel Management Generally
- Outlines employment and compensation provisions for employees of temporary organizations (a commission, committee, or board with a duration of three years or less which is established within the legislative or executive branch or by Executive Order to perform specific projects or studies). Authorizes the head of such organization to appoint persons to organization positions. Limits health insurance benefits provided to such employees to the same benefit afforded other temporary civil service employees.
(Sec. 1102) Authorizes the Secretary to provide assistive technology, devices, and services to DOD employees with disabilities, organizations within DOD that have requirements to make programs or facilities accessible by the handicapped, and any other Federal department or agency requesting such technology, devices, or services.
(Sec. 1103) Extends through FY 2005 the authority for DOD civilian employees to participate in voluntary reductions in force.
(Sec. 1104) Authorizes the head of a Federal agency to administer and maintain its performance appraisal systems electronically.
(Sec. 1105) Directs the Secretary to study and report to the defense committees on whether civilian personnel services should continue to be centralized within individual military departments and defense agencies or provided to all DOD elements within designated geographic areas.
Subtitle B: Demonstration and Pilot Programs
- Directs the Secretary to conduct a three-year pilot program, commencing on January 1, 2001, to improve processes for the resolution of equal employment opportunity complaints by DOD civilian employees. Requires: (1) program participation to be voluntary; and (2) the program to be carried out in at least one military department and two defense agencies. Requires a program report from the CG to Congress.
(Sec. 1112) Directs the Secretary to carry out a defense employees work safety demonstration program, requiring the use of private sector work safety models. Requires such program to be carried out: (1) at no fewer than two installations of each military department; and (2) in at least two defense agencies. Requires such program to commence within 180 days after enactment of this Act and to terminate on September 30, 2002. Requires a program interim and final report from the Secretary to the defense committees. Provides funding from DOD O&M funds.
(Sec. 1113) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to: (1) extend until October 16, 2005, a program for the experimental use of special personnel management authority to facilitate the recruitment of experts in science and engineering for research and development projects administered by the Defense Advanced Research Projects Agency; (2) include under such program the recruitment of individuals for designated research and development projects from among the laboratories of each of the military departments; (3) limit the number of such appointments; and (4) extend a required annual report.
(Sec. 1114) Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) authorize the Secretary to establish and operate personnel management demonstration projects in defense laboratories without the review or approval of the OPM Director; (2) increase the authorized pay levels of laboratory employees participating in such projects; and (3) direct the Secretary (currently, the OPM Director) to exercise appointment and compensation authority with respect to such employees.
Subtitle C: Educational Assistance
- Amends Federal employee provisions to state that, with respect to DOD employees, Federal provisions authorizing employee training does not authorize the selection and assignment of an employee for training, or the payment or reimbursement of the costs of training, for: (1) the opportunity to obtain an academic degree to qualify for appointment to a position for which such degree is a basic requirement; or (2) the sole purpose of providing an employee an opportunity to obtain one or more academic degrees, unless such opportunity is part of a planned, systematic, and coordinated program of professional development endorsed by DOD.
(Sec. 1122) Includes within the Federal loan repayment program loans made under the William D. Ford Direct Loan Program, loans made under the Health Professions Education Program, and nursing loans under the Public Health Service Act. Makes ineligible under the loan repayment program employees occupying a position that is excepted from competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character. Repeals a provision requiring employees whose loans are repaid to hold professional, technical, or administrative positions. Requires each Federal agency head to maintain, and annually submit to the OPM Director, information concerning loan repayment benefits provided to employees of that agency. Requires the OPM Director to submit such information to Congress.
(Sec. 1123) Extends through FY 2010 the authority for tuition reimbursement and training for civilian employees in the defense acquisition workforce.
Subtitle D: Other Benefits
- Authorizes the payment of special pay for foreign language proficiency for employees assigned duties requiring such proficiency during a contingency operation.
(Sec. 1132) Authorizes the Secretary to grant a cash award in excess of $10,000 without regard to certain Federal certification and approval requirements.
(Sec. 1133) Authorizes payment for accrued but unused leave for civil service mariners of the Military Sealift Command on temporary promotion aboard ship.
(Sec. 1134) Requires a DOD employee who is designated as an emergency essential employee to be insured under the Federal Employees Group Life Insurance program if such employee elects to be so insured within 60 days after such designation.
Subtitle E: Intelligence Civilian Personnel
- Authorizes the Secretary to establish defense intelligence positions throughout DOD. (Currently, such positions are limited to the intelligence components of DOD and the military departments.)
(Sec. 1142) Increases from 492 to 517 the maximum authorized number of positions in the Defense Intelligence Senior Executive Service.
Subtitle F: Voluntary Separation Incentive Pay and Early Retirement Authority
- Authorizes the Secretary to use voluntary separation incentives and voluntary early retirement authority to achieve certain defense workforce restructuring. Prohibits the continued payment of the voluntary separation incentive upon the acceptance of employment with the Government or work under a personal services contract with the Government.
(Sec. 1152) Entitles to an annuity under either the Civil Service Retirement System or the Federal Employees Retirement System, during FY 2002 and 2003, a DOD employee who is voluntarily separated after completing 25 years of service or after becoming 50 years of age and completing 20 years of service. Makes eligible for such annuity an employee who is separated involuntarily other than for cause and has not declined another comparable position within DOD. Requires employees separated voluntarily to have been employed for more than 30 days and separated during a period in which DOD is undergoing a major organizational adjustment.
(Sec. 1153) Limits the authority for voluntary separation incentives during FY 2001 to 1000 employees, and limits such incentives and the voluntary early retirement authority in each of FY 2002 and 2003 to 4,000 employees.
Title XII: Matters Relating to Other Nations
Subtitle A: Matters Related to Arms Control
- Limits to $15 million the total amount of FY 2001 DOD funds that may be used in support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities under the Weapons of Mass Destruction Control Act of 1992. Extends through FY 2001 the authority to provide such support.
(Sec. 1202) Earmarks DOD O&M funds for the support of region-wide consultations among Arab, Israeli, and U.S. officials and experts on arms control and security issues concerning the Middle East region.
(Sec. 1203) Authorizes the Secretary to convey or provide nuclear test monitoring equipment to a foreign government, and to install such equipment, subject to an agreement which allows the United States timely access to data collected. Requires a report from the Secretary to Congress.
(Sec. 1204) Amends the National Defense Authorization Act for Fiscal Year 2000 to require additional matters within an annual report concerning transfers of military sensitive technologies to certain countries and entities.
Subtitle B: Matters Relating to the Balkans
- Amends the National Defense Authorization Act for Fiscal Year 2000 to require annual reports (currently, only a single report) assessing the effects of continued military operations in the Balkans region on readiness to execute the national military strategy. Terminates the report requirement when U.S. military operations in the Balkans have ended.
(Sec. 1212) Directs the President to: (1) develop militarily significant benchmarks for conditions that would achieve a sustainable peace in Kosovo and allow for withdrawal of the U.S. military presence there; and (2) submit semiannually to Congress reports on the establishment of such benchmarks and the develop of a comprehensive political-military strategy for addressing the political, economic, humanitarian, and military issues in the Balkans.
(Sec. 1213) Requires a semiannual report from the President to specified congressional committees on the contributions of European nations and organizations to peacekeeping operations in Kosovo.
Subtitle C: North Atlantic Treaty Organization and United States Forces in Europe
- Requires a report from the Secretary to the defense committees on U.S. costs of Operation Allied Force conducted against the Federal Republic of Yugoslavia from March 24 through June 9, 1999. Requires the Secretary to report to the defense committees concerning appropriate burden sharing whenever NATO undertakes a military operation with U.S. participation.
(Sec. 1222) Repeals a Federal provision prohibiting the Secretary from entering into military airlift agreements with allied countries under any authority other than that currently provided.
(Sec. 1223) Directs the CG to study and report to the defense committees an assessment of the benefits and costs to the United States and U.S. national security interests of the engagement of U.S. forces in Europe and U.S. military strategies used to shape the international security environment of Europe.
Subtitle D: Other Matters
- Authorizes the Secretary to establish a United States-Russian Federation joint center for the exchange of data from systems providing early warning of ballistic missile launches. Requires a report from the Secretary to the defense committees on plans for the joint center. Allows the Secretary to renovate a U.S. facility for such use only if a cost-sharing agreement is entered into requiring an equal share of such costs between the two countries. Requires a report from the Secretary to the defense committees on any such agreement.
(Sec. 1232) Requires a report from the Secretary to the defense committees on current and planned DOD activities with respect to the sharing and exchange with other countries of ballistic missile launch early warning data.
(Sec. 1233) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to require the Secretary to: (1) make an initial determination of those persons operating in the United States or its possessions or territories that are Communist China military companies; and (2) submit a list of such persons to the defense committees, the Attorney General, and specified department heads.
(Sec. 1234) Amends the National Defense Authorization Act for Fiscal Year 1998 to reduce from 180 to 60 days the waiting period after the President submits to specified congressional committees the new composite theoretical performance levels for certain supercomputers before such supercomputers may be exported or reexported without a license to a Computer Tier 3 country.
(Sec. 1235) Authorizes the Secretary to provide humanitarian and civic assistance in connection with military operations for areas of a country that are underserved by medical, dental, and veterinary professionals.
(Sec. 1236) Condemns the use of children as soldiers and welcomes an optional protocol ending such use. Calls on the President: (1) to work closely with the Senate toward building support for such protocol; (2) and Congress to enact a law that establishes a fund for the rehabilitation and reintegration into society of children soldiers; and(3) to undertake all possible efforts to persuade other governments to ratify and endorse the optional protocol.
(Sec. 1237) Expresses the sense of Congress that when undersea accidents or incidents occur, it is in the best interests of all nations to work together in response, to rescue and recover the vessel's crew, minimize loss of life, and prevent damage to the oceans. Urges the Presidents of the United States and the Russian Federation to establish a plan for responding to such accidents or incidents and rescuing the crew involved.
(Sec. 1238) Establishes the United States-China Security Review Commission to monitor, investigate, and report to Congress on national security implications of the bilateral trade and economic relationship between the United States and the People's Republic of China. Requires an annual report from the Commission to Congress. Authorizes appropriations.
Title XIII: Cooperative Threat Reduction With States of the Former Soviet Union
- Makes FY 2001 O&M funds available for Cooperative Threat Reduction (CTR) programs with states of the former Soviet Union. Allocates such funds among specified CTR programs. Prohibits such funds from being obligated or expended for any purpose other than those specified until 30 days after the Secretary reports to Congress the purpose and amount of such funds. Authorizes the Secretary, in the national security interest, to obligate amounts in excess of those specified, as long as Congress is notified and 15 days have elapsed since such notification. Limits such excess amounts in specified cases.
(Sec. 1303) Prohibits CTR funds from being obligated or expended for the elimination of conventional weapons or the delivery of vehicles intended to deliver such weapons.
(Sec. 1304) Prohibits the use of FY 2001 CTR funds for: (1) construction of a second wing of a Russian fissile material storage facility; or (2) design or planning with respect to such facility, until 15 days after the Secretary notifies Congress that the United States and Russia have signed a verifiable agreement that assures that materials stored are of weapons origin. Provides a funding limit with respect to the first wing of such facility.
(Sec. 1305) Prohibits FY 2001 CTR funds from being used to support the warhead dismantlement process in Russia until 15 days after the Secretary notifies Congress that the United States has reached an agreement with Russia regarding U.S. assistance under such process.
(Sec. 1306) Directs the Secretary to seek to enter into an agreement with Russia for U.S. access to nuclear weapons storage sites for which assistance is provided under CTR programs.
(Sec. 1307) Prohibits any CTR funds from being used for the construction of a fossil fuel energy plant.
(Sec. 1308) Requires the Secretary, in any year in which the President's budget requests funds for CTR programs, to report to Congress on activities and assistance during the preceding fiscal year with respect to such programs. Prohibits more than ten percent of FY 2001 CTR funds from being obligated or expended until the Secretary submits to Congress an updated version of the CTR multiyear plan required under a prior defense authorization Act. Requires a report from the Secretary to Congress on specified information with respect to Russia's arsenal of tactical nuclear warheads.
(Sec. 1309) Expresses the sense of Congress that the international community should assist Russia in eliminating its chemical weapons stockpile in accordance with Russia's obligations under the Chemical Weapons Convention, basing the level of such assistance on specified factors. Requires a report from the Secretary to the defense committees.
(Sec. 1310) Prohibits the obligation or expenditure of more than 50 percent of the funds authorized for FY 2001 for the elimination of weapons grade plutonium until 30 days after the Secretary submits to the defense committees a report on an agreement between the United States and the Russian Federation regarding a new option for the shutdown or conversion of Russian reactors that produce such plutonium.
(Sec. 1311) Directs the CG to report to Congress examining procedures and mechanisms concerning DOD audits of the use of CTR program funds.
Title XIV: Commission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack
- Establishes the Commission to Assess the Threat to the United States From Electromagnetic Pulse Attack to assess: (1) the nature and magnitude of potential high-altitude electromagnetic pulse (EMP) threats to the United States from all potentially hostile states or non-state actors; (2) the vulnerability of U.S. military and civilian systems to such an attack; (3) the capability to repair and recover from EMP attack damages to such systems; and (4) the feasibility and cost of hardening select systems against such attack. Requires the Commission to report findings and conclusions to Congress, the Secretary, and the Director of the Federal Emergency Management Agency. Provides Commission funding from FY 2001 defense-wide O&M funds. Terminates the Commission 60 days after submission of its report.
Title XV: Navy Activities on the Island of Vieques, Puerto Rico
- Authorizes the President to provide economic assistance for the people and communities of the island of Vieques, Puerto Rico, with a total limit of $40 million.
(Sec. 1502) Directs the Secretary of the Navy, by May 1, 2001, to convey to Vieques the Naval Ammunition Support Detachment on the western end of the Island, with certain exclusions. Requires such conveyance despite any need for environmental mitigation activities on such land. Directs the Secretary of Defense to hold harmless Puerto Rico, the Island, and any other person or entity that acquires ownership or control of the area from liability arising out of the release or threatened release of any hazardous substance or pollutant or contaminant as a result of DOD activities on the land conveyed.
(Sec. 1503) Directs the President to conduct on the Island a referendum to determine whether the people approve or disapprove of the continuation of the conduct of Navy live-fire training on the Island. Makes the referendum unnecessary if the Chief of Naval Operations and the Commandant of the Marine Corps jointly certify to the defense and appropriations committees that the Vieques Naval Training Range is no longer needed for training purposes. Limits live-fire training under the referendum to 90 days each year. States that if the referendum is approved, then the President may provide additional economic assistance of up to $50 million.
(Sec. 1505) Requires certain actions if either the referendum is not approved or there is a certification that such training is no longer necessary, including: (1) termination of all Navy and Marine Corps training operations on the Island; (2) termination of all Navy and Marine Corps activities at Roosevelt Roads, Puerto Rico, that are related to such training; (3) closing of all DOD installations and facilities on the Island; and (4) review by the CG of the continued use of Fort Buchanan by active Army forces (with a required report to the defense and appropriations committees).
(Sec. 1506) Makes non-transferable certain DOD property on the Island.
(Sec. 1507) Prohibits, with exceptions, any acquisition, construction, conversion, rehabilitation, extension, or improvement of any facility at Fort Buchanan, Puerto Rico, after the date of enactment of this Act.
(Sec. 1508) Directs the Secretary of the Navy, except for non-transferable property, to transfer to the Secretary of the Interior all DOD properties on the western part of the Island that are identified as conservation zones. Requires the latter Secretary to manage such conservation zones pursuant to a cooperative agreement among such Secretary, the Commonwealth of Puerto Rico, and the Puerto Rico Conservation Trust.
Title XVI: GI Bill Educational Assistance and Veterans Claims Assistance
Subtitle A: Veterans Education Benefits
- Authorizes, during the one-year period beginning on the date of enactment of this Act, an individual who was previously enrolled in the veterans' educational assistance program to enroll in the basic educational assistance program under the Montgomery GI Bill, after paying a premium not exceeding $2,700.
(Sec. 1602) Revises provisions concerning the payment of tuition for off-duty training or education to: (1) allow the Secretary concerned to pay all (currently up to 75 percent) of such education expenses; and (2) remove payment limitations with respect to certain enlisted personnel and individuals enrolled in a high school completion program. Allows military personnel entitled to assistance under the Montgomery GI Bill to use such entitlement for the payment of tuition or expenses not paid by the Secretary concerned. Directs the Secretary of Defense, at the election of individuals pursuing off-duty education, to pay a basic educational assistance allowance to meet all or a portion of such expenses not paid for by the Secretary concerned. Authorizes such allowance for up to 36 months.
Subtitle B: Veterans Claims Assistance
- Requires the Secretary of Veterans Affairs to: (1) assist a claimant in developing facts pertinent to a claim for benefits through the Department of Veterans Affairs; and (2) provide a medical examination when pertinent to such a claim.
Title XVII: Assistance to Firefighters
- Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Director of the Federal Emergency Management Agency (FEMA) to: (1) make grants on a competitive basis to fire departments for protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards; and (2) provide assistance for fire prevention programs authorized in this section. Requires the Director to establish within FEMA an office which shall establish criteria for the selection of assistance recipients and provide grant-writing assistance to applicants. Provides authorized grant purposes. Requires the Director to annually use at least five percent of such funds to make grants to fund fire prevention programs. Requires the Director, in selecting grant recipients, to give a priority to organizations that focus on the prevention of fire injury to children. Provides a 30 percent matching funds requirement. Requires a report from each recipient to the Director on the manner in which assistance funds were used. Requires the Director to ensure that such grants are made to a variety of fire departments. Prohibits any recipient from receiving more than $750,000 in a fiscal year. Prohibits more than 25 percent of appropriated funds from being used to purchase vehicles. Requires the Secretary to ensure an appropriate amount of grant funds for volunteer fire departments. Authorizes appropriations for FY 2001 and 2002. Requires the Director to study and report to Congress on the need for Federal assistance to States and local communities to fund firefighting and emergency response activities (authorizing appropriations for the study).
(Sec. 1702) Authorizes appropriations for FY 2001 and 2002 to the Secretary of Agriculture for carrying out the volunteer forest fire assistance program under the Cooperative Forestry Assistance Act of 1978. Requires a report from such Secretary to Congress on the results of such assistance.
(Sec. 1703) Authorizes the Secretary to make grants to: (1) safety organizations for conducting burn prevention programs or augmenting existing burn prevention programs; (2) hospitals that serve as regional burn centers for conducting acute burn care research; and (3) governmental and non-governmental entities to provide after-burn treatment and counseling to burn victims. Requires a report from the Director to specified congressional committees on the results of grants provided. Authorizes appropriations.
(Sec. 1704) Directs the Secretary of Health and Human Services to conduct a study concerning the prevalence of hepatitis C among designated U.S. emergency response employees (firefighters, paramedics, and emergency medical technicians) and the likely means that such employees became so infected while performing such duties. Requires study results to be reported to Congress. Directs such Secretary to make grants to qualifying local governments for carrying out demonstration projects regarding the training of such employees in minimizing the risk of such infection, testing, and treating infected employees. Requires a report from such Secretary to Congress on project results and recommendations. Authorizes appropriations.
(Sec. 1705) Requires the Secretary of Defense to: (1) provide for the conduct of an engineering study to identify progress made by DOD in sharing the 138-144 megahertz radio band; and (2) submit an interim report on study progress to the defense committees. Directs the Secretary of Commerce and the Chairman of the Federal Communications Commission to report to Congress on alternative frequencies available for use by public safety systems.
(Sec. 1706) Authorizes the Secretary to transfer excess DOD personal property to a State firefighting agency for use in providing fire and emergency medical services.
(Sec. 1707) Directs the Secretary to appoint a task force to identify defense technologies and equipment that can be readily put to use by fire service and emergency response agencies. Authorizes appropriations.
Title XVIII: Impact Aid
-Impact Aid Reauthorization Act of 2000 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to reauthorize and revise title VIII Impact Aid programs.
(Sec. 1802) Adds as program purposes: (1) promotion of local educational agency (LEA) control of the assisted educational services for federally connected children; and (2) provision of special construction assistance to LEAs as a result of their inability to tax Federal property. Eliminates the purpose of providing financial assistance to LEAs that experience sudden or substantial increases or decreases in enrollments because of military realignments.
(Sec. 1803) Revises the program of payments to LEAs relating to Federal acquisition of real property (which makes that property non-taxable) with respect to: (1) a limit on the reduction of such payments to LEAs which derive other revenues on Federal property located in that school district; (2) fiscal years in which insufficient funds are appropriated; (3) special payments; (4) additional assistance for certain LEAs; (5) use of prior year data in determining payment amounts; and (6) eligibility of LEAs to receive payments on previously held Federal property, combined Federal property, and new Federal property.
(Sec. 1804) Revises the computation formula for basic support payments for eligible federally connected children, with a special rule. Provides a maximum reduction limit on such payments for fiscal years 2001 and 2002. Requires a ratable reduction allocated among all LEAs if sums made available in a fiscal year are insufficient to pay the full amounts to which such LEAs are entitled for federally connected children. Includes under such program's LEA payment formula, as eligible children who resided on Federal property or in Indian housing and had a parent on active military duty, those children who: (1) would have resided in housing on Federal property except that such housing was undergoing renovation or rebuilding for not more than three fiscal years (currently law only refers to renovation); or (2) reside in housing initially acquired or constructed under the military Build-to-Lease housing program, if such property is within the fenced security perimeter of a military facility, with appropriate reductions in such payments with respect to any such housing which is not federally-owned and subject to State or local taxation.
(Sec. 1805) Allows a supplementary payment, in excess of the maximum amount of basic support payments, to compensate a LEA for increased current expenditures necessitated by unusual geographic factors.
(Sec. 1806) Establishes a separate (rather than the current additional) program of basic support payments for FY 2001 and thereafter for LEAs heavily impacted by the presence of federally connected children in their schools. Prohibits a LEA from receiving a basic support payment under both the standard and the heavily impacted programs.
Sets forth: (1) eligibility requirements for continuing and for new heavily impacted LEAs; and (2) maximum payment amounts for regular and large heavily impacted LEAs.
Sets forth a revised formula for computing each LEA's learning opportunity threshold, a factor used in determining actual amounts of basic support payments when sufficient funds are not available to pay the maximum amounts, in the case of LEAs with total enrollments of less than one thousand students and per-pupil expenditures less than their State average.
(Sec. 1807) Provides for basic support payments for certain LEAs affected by removal of Federal property, if such property is transferred to a non-Federal entity so that it is subject to State or local taxation and if such LEAs meet specified additional requirements.
(Sec. 1808) Repeals provisions for additional payments to LEAs with high concentrations of children with severe disabilities.
(Sec. 1809) Prohibits the Secretary of Education from accepting or approving any LEA application for Impact Aid filed more than 60 days after the Secretary sends written notice to the LEA.
(Sec. 1810) Repeals provisions for payments for sudden and substantial increases in attendance of military dependents.
(Sec. 1811) Revises requirements for eligibility for and allocation of school construction and renovation payments to certain categories of LEAs, including those receiving basic support payments and impacted by military dependent children or children living on Indian lands. Requires that 40 percent of specified funds be used for such construction payments, with the remaining 60 percent to be used for school facility modernization grants for specified types of LEAs. Sets forth award criteria for such grants, including certain emergency grants. Requires the Secretary of Education to report to the appropriate congressional committees on grants awarded.
(Sec. 1812) Authorizes a State to reduce State aid to a LEA that receives a Federal Impact Aid payment upon a certain certification by the Secretary of Education with respect to that State's aid program for free public education among State LEAs.
(Sec. 1813) Revises provisions relating to Federal administration.
(Sec. 1814) Revises certain deadlines with respect to administrative hearings and judicial review.
(Sec. 1815) Includes under the definition of Federal property, as a basis of eligibility for Impact Aid payments, property used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996.
(Sec. 1817) Extends the authorization of appropriations for Impact Aid programs, including: (1) payments for Federal acquisition of real property; (2) basic support payments for LEAs and for heavily impacted LEAs; (3) payments for children with disabilities; (4) construction; (5) facilities maintenance; and (6) additional assistance for certain LEAs impacted by Federal property acquisition. Repeals the authorization of appropriations for Impact Aid payments for increases in military children.
Division B: Military Construction Authorizations
- Military Construction Authorization Act for Fiscal Year 2001 -
Title XXI(sic): Army
- Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2000 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year 2000 to: (1) decrease the amount authorized for a construction project at Fort Stewart, Georgia; (2) cancel a construction project at Fort Riley, Kansas; (3) increase the amount authorized for CONUS Various; and (4) increase the amount authorized for unspecified minor construction projects.
(Sec. 2106) Amends the Military Construction Authorization Act for Fiscal Year 1999 to increase the amounts authorized for construction projects at Fort Hood, Texas, and Fort Riley, Kansas.
(Sec. 2107) Amends the Military Construction Authorization Act for Fiscal Year 1998 to increase the amount authorized for a construction project at Fort Stewart, Georgia.
(Sec. 2108) Authorizes the Secretary of the Army to accept funds from the Federal Highway Administration or the State of Kentucky for a military construction project involving a rail connector at Fort Campbell, Kentucky.
Title XXII: Navy
- Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Authorizes the Secretary of the Navy to carry out a military construction project at the Marine Corps Combat Development Command, Quantico, Virginia, using funds authorized under a prior-year military construction authorization Act for a sanitary landfill at such facility.
Title XXIII: Air Force
- Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
Title XXIV: Defense Agencies
- Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes appropriations to DOD for fiscal years after 2000 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
(Sec. 2402) Authorizes the Secretary to carry out certain energy conservation projects.
(Sec. 2404) Amends the Military Construction Authorization Act for Fiscal Years 1990 and 1991 to increase the amount authorized for a project at Portsmouth Naval Hospital, Virginia.
Title XXV: North Atlantic Treaty Organization Security Investment Program
- Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2000 for such Program.
Title XXVI: Guard and Reserve Facilities
- Authorizes appropriations for fiscal years after 2000 for the Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2602) Authorizes the Secretary to contribute up to $1.45 million of funds authorized under this title to make a contribution to the Cheyenne Airport Authority toward the construction of a new airport tower at Cheyenne Airport, Wyoming.
Title XXVII: Expiration and Extension of Authorizations
- Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2003, or the date of enactment of an Act authorizing funds for military construction for FY 2004, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions
Subtitle A: Military Construction Program and Military Family Housing Changes
- Expresses the sense of Congress that in preparing the budget for a fiscal year, the Secretary should seek to identify and give priority to military construction projects that are suitable as joint construction projects. Directs the Secretary to include within each fiscal year budget a certification by the Secretary concerned that the feasibility of carrying out projects as joint construction projects was evaluated.
(Sec. 2802) Excludes from a spending limit on the improvement of military family housing the cost of installing and maintaining communications, security, or antiterrorism equipment required by the occupant in the performance of duty.
(Sec. 2803) Removes certain limitations on housing space based on pay grade and directs the Secretary concerned to ensure that room patterns and floor areas are generally comparable to patterns and areas of similar housing units in the private sector in that locality.
(Sec. 2804) Amends provisions concerning the leasing of military family housing units at the United States Southern Command in Miami, Florida, to: (1) remove an annual $60,000 limit on individual housing lease costs; (2) allow such leases to extend for up to five years; and (3) require the Secretary of the Army to adjust the maximum annual limit on such leases by the amount of annual basic allowance for housing increases in the Miami area.
(Sec. 2805) Authorizes the Secretary concerned to furnish specified utilities and related services in connection with any military housing acquired or constructed pursuant to alternative authority for the construction or improvement of military housing. Requires reimbursement for such utilities and services.
(Sec. 2806) Extends such alternative authority through December 31, 2004.
(Sec. 2807) Includes a military readiness center within the definition of an armory.
Subtitle B: Real Property and Facilities Administration
- Increases from $200,000 to $500,000 the minor real property transaction threshold before certain congressional notification and reporting is required from the Secretary concerned.
(Sec. 2812) Amends provisions concerning the leasing of non-excess property of military departments to: (1) remove the requirement that such property is not currently needed for public use; (2) prohibit such leases from providing for the maintenance, protection, or restoration of such property; and (3) provide for the acceptance of additional in-kind consideration with regard to such leases, including environmental restoration. Prohibits the Secretary concerned from entering into a new acquisition or construction lease in excess of $500,000 which utilizes in-kind consideration until 30 days after such Secretary notifies the defense and appropriations committees. Authorizes lease proceeds to be used for protection, alteration, improvement, or restoration of property or facilities, leasing of other facilities, or facilities operation support. (Currently, such uses are limited to maintenance, repair, and environmental restoration.) Requires at least 50 percent of lease proceeds to be used at the military installation where the leased property is located. Prohibits the Secretary concerned from expending lease proceeds in excess of $500,000 at a single installation until 30 days after notifying the defense and appropriations committees of the proposed expenditure. Revises reporting dates with respect to such leases, and requires such reports to be submitted to the appropriations (currently, only defense) committees.
(Sec. 2813) Authorizes the Secretary concerned to use procedures other than competitive procedures in conveying a utility system of a military department. Requires such Secretary to ensure, in any contract for such conveyance, that the conveyee manage and operate the system in compliance with applicable Federal and State health, safety, fire, and environmental requirements.
(Sec. 2814) Amends the Federal Property and Administrative Services Act of 1949 to make permanent a program under which the Administrator of General Services transfers surplus real and personal property to correctional facilities for emergency management response purposes.
Subtitle C: Defense Base Closure and Realignment
- Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to limit to the initial transfer of property the right of the Secretary to transfer at or below its estimated fair market value real and personal property located at a military installation to be closed or realigned.
Subtitle D: Land Conveyances
Part I: Army Conveyances
- Authorizes the Secretary of the Army to transfer to: (1) the administrative jurisdiction of the Secretary of Veterans Affairs a portion of the Rock Island Arsenal, Illinois, for use as a national cemetery; (2) Knox County, Illinois, the Army Reserve Center in Galesburg, Illinois, for use as municipal office space; (3) the Tri-City Regional Port District of Granite City, Illinois, the Charles Melvin Price Support Center, for a port facility and other public purposes; (4) the State of Kansas specified real property at Fort Riley, Kansas, for establishing and maintaining a State-operated veterans cemetery; (5) the State of Louisiana a portion of Fort Polk, Louisiana, for use as a State-run cemetery for veterans; (6) the Winona State University Foundation in Winona, Minnesota, the Winona Army Reserve Center, (7) Pemberton Township, New Jersey, a portion of Fort Dix, New Jersey, for use as a parking lot; (8) the Board of Supervisors of Union Township, Pennsylvania, Nike Site 43 in Elrama, Pennsylvania, for municipal storage and other public purposes; (9) the Medal of Honor Museum, Inc., Tennessee, a portion of the Army Reserve Local Training Center in Chattanooga, Tennessee, for a museum and other educational purposes; (10) the city of Copperas Cove, Texas, a portion of Fort Hood, Texas, in exchange for other property; (11) the Commonwealth of Virginia a portion of Fort Pickett, Virginia, for use as a public safety training facility; (12) the city of Seattle, Washington, specified real property at Fort Lawson, Washington, for inclusion in Seattle's Discovery Park; and (13) the city of Vancouver, Washington, the west barracks at Vancouver Barracks, for inclusion within the Vancouver National Historic Reserve.
Part II: Navy Conveyances
- Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to modify a land conveyance with respect to the Marine Corps Air Station, El Toro, California.
(Sec. 2847) Amends the Military Construction Authorization Act for Fiscal Year 1995 to modify conditions on the authority of Oxnard Harbor District, Port Hueneme, California, to use certain property jointly with the Navy.
(Sec. 2848) Authorizes the Secretary of the Navy to transfer to the administrative jurisdiction of the Secretary of the Interior the Teacup Parcel of the Marine Corps Air Station, Miramar, California, for the conservation of fish and wildlife.
(Sec. 2849) Authorizes the Secretary of the Navy to convey to: (1) the San Diego Unified Port District in San Diego, California, a portion of the Marine Corps Recruit Depot in San Diego, in exchange for other property; and (2) the Tampa Port Authority the Naval Reserve Center in Tampa, Florida, for the expansion of the Port of Tampa.
(Sec. 2850) Authorizes the Secretary of the Navy to lease to the Naval Aviation Museum Foundation certain property at the National Museum of Naval Aviation in Pensacola, Florida, for operation of a national flight academy and related purposes.
(Sec. 2852) Amends the Military Construction Authorization Act for Fiscal Year 1995 to direct the Secretary to replace the electric utility service removed during the course of environmental remediation at the Defense Fuel Supply Point, Casco Bay, Maine.
(Sec. 2853) Authorizes the Secretary of the Navy to convey to the State of Maine, or a subdivision or agency thereof, the Naval Computer and Telecommunications Station in Cutler, Maine. Authorizes the lease of such property pending conveyance.
(Sec. 2854) Modifies a land conveyance at the former Naval Training Center in Bainbridge, Maryland, to allow the Secretary of the Navy to choose whether to receive consideration upon the further transfer of such property to the State of Maryland.
(Sec. 2855) Authorizes the Secretary of the Navy to convey to the city of Jacksonville, Florida, a railroad right-of-way at the Marine Corps Base in Camp Lejeune, North Carolina.
(Sec. 2856) Authorizes the Secretary of the Navy to convey to the Rickenbacker Port Authority of Columbus, Ohio, the civilian facilities of the Naval Air Reserve at Rickenbacker International Airport, in exchange for other property.
(Sec. 2857) Authorizes the Secretary of the Navy to convey to the city of Bremerton, Washington, a former off-site housing facility for the Naval Station in Bremerton, for public health, public safety, education, housing, or public recreation.
Part III: Air Force Conveyances
- Authorizes the Secretary of the Air Force to convey to: (1) appropriate buyers specified portions of the Los Angeles Air Force Base, California, in order to consolidate the mission and support functions at such Base; (2) Mendocino County, California, a portion of the Point Arena Air Force Station in California, for municipal and other public purposes; (3) the Lowry Redevelopment Authority, a portion of the former Lowry Air Force Base, Colorado, for economic development and other public purposes; and (4) Greene County, Ohio, the communications test annex at Wright Patterson Air Force Base in Ohio, for recreational purposes.
(Sec. 2865) Amends the Military Construction Authorization Act for Fiscal Year 1998 to designate a new transferee with respect to a land conveyance at Ellsworth Air Force Base, South Dakota.
(Sec. 2866) Authorizes the Secretary of the Air Force to convey to the Port of Everett, Washington, the Mukilteo Tank Farm, for a port facility and other purposes.
Part IV: Other Conveyances
- Allows the Secretary of Defense to authorize the Army and Air Exchange Service to sell certain Exchange Service property in Farmers Branch, Texas. Requires a sale report from the Secretary to Congress.
(Sec. 2872) Authorizes the Administrator of General Services to convey to the city of Charlottesville, Virginia, the Jefferson Street property in Charlottesville, for economic development purposes.
Subtitle E: Other Matters
- Amends the Military Construction Authorization Act for Fiscal Year 1999 to provide a Federal easement through certain parkland within Camp Pendleton, California.
(Sec. 2882) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through December 31, 2001, a reporting requirement concerning a demonstration project in Monterey, California, for the purchase of utility services from local government agencies.
(Sec. 2883) Authorizes the Secretary of the Air Force to accept gifts from the Air Force Museum Foundation to pay the costs of design and construction of a third building for the United States Air Force Museum at Wright-Patterson Air Force Base, Ohio.
(Sec. 2884) Authorizes the Secretary of the Navy to enter into a joint venture with the Marine Corps Heritage Foundation for the design and construction of a multipurpose facility for historical displays and related purposes consistent with the mission of the Marine Corps University in Quantico, Virginia. Designates such facility as the Marine Corps Heritage Center. Authorizes such Secretary to accept certain property offered by the Park Authority of Prince William County, Virginia, as a potential facility site. Authorizes such Secretary to lease portions of the facility to such Foundation.
(Sec. 2885) Directs the Secretary of the Navy to carry out appropriate activities to maintain aircrew safety at Fallon Air Station, Nevada, following the elimination of greenbelt irrigation at such Station. Authorizes appropriations.
(Sec. 2886) Directs the Secretary to establish on Federal lands near the Fena Caves in Guam a suitable memorial to honor Guam civilians killed during the occupation of Guam during World War II and to commemorate the liberation of Guam by U.S. armed forces in 1944.
(Sec. 2887) Designates the: (1) Army missile testing range at Kwajalein Atoll in the Marshall Islands as the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll; (2) building at 8725 John J. Kingman Road in Fort Belvoir, Virginia, as the Andrew T. McNamara Building; and (3) Balboa Naval Hospital in San Diego, California, as the Bob Wilson Naval Hospital.
(Sec. 2890) Expresses the sense of Congress that prompt expansion of the National Training Center, Fort Irwin, California, is vital to U.S. national security interests.
(Sec. 2891) Expresses the sense of Congress that land transfers at Melrose Range, New Mexico, and the Yakima Training Center, Washington, will support military training, safety, and land management concerns on such lands.
Division C: Department of Energy National Security Authorizations and Other Authorizations
Title XXXI(sic): Department of Energy National Security Programs
Subtitle A: National Security Programs Authorizations
- Authorizes appropriations to the Department of Energy (DOE) for FY 2001 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) defense nuclear nonproliferation; (3) defense environmental restoration and waste management (4) other defense activities; (5) defense environmental management privatization activities; and (6) defense nuclear waste disposal.
Subtitle B: Recurring General Provisions
- Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired.
(Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits.
(Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers.
(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.
(Sec. 3126) Authorizes the use of DOE funds for planning, design, or construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used.(Sec. 3127) Makes amounts appropriated pursuant to this title for management and support activities and for general plant projects available for use in connection with all DOE national security programs.
(Sec. 3129) Directs the Secretary, during FY 2001, to empower each DOE field office manager with the authority to transfer defense environmental management funds from a program or project under such office's jurisdiction to another program or project in order to address a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits such transfer to a total of $5 million per fiscal year. Directs the Secretary to notify Congress within 30 days after any such transfer.
Subtitle C: Program Authorizations, Restrictions, and Limitations
- Prohibits the Secretary from using appropriated funds to establish a reserve for the payment of contract termination costs relating to the river protection project at Richland, Washington.
(Sec. 3132) Directs the Secretaries of Energy and Defense to jointly modify the memorandum of understanding for the use of national laboratories for ballistic missile defense programs to provide for jointly funded projects carried out by the National Nuclear Security Administration and the Ballistic Missile Defense Organization. Requires the implementation of mechanisms that increase the cooperative relationship between such entities.
(Sec. 3133) Prohibits FY 2001 nuclear infrastructure upgrades or maintenance funds from being obligated for any other purpose.
(Sec. 3134) Amends the National Defense Authorization Act for Fiscal Year 1998 to require adjustments of certain supercomputer composite theoretical performance levels to be included within required post-shipment verification reports in connection with the sales of such computers to certain foreign countries.
(Sec. 3135) Amends the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 to include within the counterintelligence polygraph requirements of such Act certain individuals involved in or applying for high-risk positions, as specified under the Code of Federal Regulations. Authorizes the Secretary to waive the polygraph requirements if: (1) the Secretary determines the waiver to be in the national security interest; (2) the covered person has an active security clearance; and (3) the covered person acknowledges in writing that such requirements must be met after expiration of the waiver. Allows such a waiver if: (1) another Federal agency certifies that the covered person has successfully completed a full scope of such an examination during a five-year period prior to such certification; or (2) the Secretary determines that the treatment of a medical or psychological condition should preclude the administration of such polygraph. Conditions such waiver upon a 15-day advance notification of the defense and intelligence committees of the criteria used for the waiver, including an assessment of counterintelligence risks and programmatic impacts. Limits any waiver to 120 days. Requires the Secretary to report semiannually to such committees on any waivers exercised. Expresses the sense of Congress that such waiver authority not be used for covered persons in the highest risk categories, such as persons having access to the most sensitive weapons design information and other highly sensitive programs, including special access programs. Terminates the waiver authority on September 30, 2002. Includes as authorized examination questions those concerning terrorism and deliberate damage to or malicious use of a U.S. Government information or defense system.
(Sec. 3136) Authorizes the Secretary to offer to DOE employees who have worked continuously at a DOE closure facility for at least two years and meet specified performance requirements certain employee incentives, including the right to accumulate additional leave and to be paid a retention allowance. Requires such employees to enter into an agreement to remain so employed until a specific date or for a specific period of time (to be determined by the Secretary). Requires incentive forfeiture for agreement violation. Requires the Secretary to report annually on such incentives. Allows for the continuation of health care coverage for such employees during the incentive period. Allows the Secretary to: (1) voluntarily separate a DOE employee employed at a DOE closure facility; and (2) retain an employee in a similar position who would otherwise be separated due to a reduction in force. Prohibits employees with critical knowledge and skills from participating in such voluntary separation if the Secretary determines that such participation would impair performance of the DOE mission. Terminates incentive authority on March 31, 2007.
(Sec. 3137) Directs the Secretary to continue operations and to maintain a high state of readiness at the F- and H-canyon facilities at the Savannah River Site, South Carolina, and to provide technical staff necessary to operate and maintain such facilities. Prohibits any DOE funds from being used to decommission the F-facility until the Secretary and the Defense Nuclear Facilities Safety Board jointly submit to the defense committees a certification concerning the stability of materials there and that future needs can be met utilizing only the H-facility. Directs the Secretary to submit to the defense committees a plan for the transfer of all long-term chemical separation activities from the F- to the H-facility commencing in FY 2002.
(Sec. 3138) Prohibits, as of November 1, 2001, any DOE funds from being used for travel expenses by the Secretary, any officer or employee of the Office of the Secretary, or the Chief of Engineers until the Secretary or the Chief certify to the defense and appropriations committees that DOE is in compliance with certain requirements prohibiting the use of funds for treatment, storage, or disposal activities at formerly used defense sites.
(Sec. 3139) Earmarks DOE funds for carrying out a conceptual design for a subsurface geosciences laboratory at Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho. Prohibits the obligation of funds for such purpose until 60 days after the Secretary reports to the defense and appropriations committees concerning such laboratory.
(Sec. 3140) Prohibits more than 50 percent of the funds available for the national ignition facility at the Lawrence Livermore National Laboratory, California, from being obligated or expended until the Administrator for Nuclear Security submits to the defense committees a new baseline plan for the completion of such facility. Requires the CG to review the national ignition facility program and submit review results to the defense committees.
(Sec. 3141) Designates the tank waste remediation system environmental project at Richland, Washington, as the River Protection Project. Requires the Assistant Secretary of Energy for Environmental Management to delegate in writing responsibility for such Project to the head of the Office of River Protection. Requires such Office to coordinate its activities with the manager of DOE's Richland Operations Office. Requires a report from such Assistant Secretary to the defense committees on the delegation of such responsibility.
(Sec. 3142) Requires a report from the Secretary to Congress on the Tank Waste Remediation System project at the Hanford Reservation in Richland, Washington.
Subtitle D: Matters Relating to Management of National Nuclear Security Administration
- Mandates a three-year term of office for the person first appointed to the position of Under Secretary for Nuclear Security of the Department of Energy. Limits the reasons for removal from such position to inefficiency, neglect of duty, or malfeasance in office. Includes such Under Secretary as a member of the Joint Nuclear Weapons Council.
(Sec. 3153) Requires the Administrator for Nuclear Security (Administrator) to submit to the defense committees a plan for assigning roles and responsibilities to and among the headquarters and field organizational units of the National Nuclear Security Administration (Administration).
(Sec. 3154) Requires certain additional information to be submitted with the future-years nuclear security program submitted with the FY 2002 budget.
(Sec. 3155) Requires the Administrator to submit to the defense committees a future-years nuclear security program for FY 2001 and the five succeeding fiscal years. Outlines the required level of detail of such program. Requires such program to be submitted by November 1, 2000. Limits the use of certain funds pending submission of such program and a waiting period of 45 days thereafter.
(Sec. 3156) Directs the Administrator to authorize the head of each nuclear weapons production facility to establish an engineering and manufacturing research, development, and demonstration program for innovative or high-risk design and manufacturing concepts and technologies with potentially high payoff for the nuclear weapons complex. Provides funding. Requires a report from the Administrator to the defense committees on each project under the program.
(Sec. 3157) Amends the National Nuclear Security Administration Act to prohibit an individual from concurrently holding a position in such Administration and a position within DOE not in the Administration.
(Sec. 3158) Amends the above Act to direct the Administrator to annually prepare and submit to Congress a plan for the obligation of Administration funds. Requires the CG to submit to the defense and appropriations committees an assessment of the adequacy of the planning, programming, and budgeting processes of the Administration.
(Sec. 3159) Authorizes the Administrator to establish, abolish, alter, consolidate, or discontinue any Administration organizational unit or component.
Subtitle E: National Laboratories Partnership Improvement
- Directs the Administrator, during FY 2001 and 2002, to establish a Technology Infrastructure Pilot Program to improve the ability of DOE national laboratories and nuclear weapons production facilities to support Administration missions by: (1) stimulating the development of technology expertise and capabilities in private industry and institutions of higher education to support Administration missions on a continuing basis; (2) improving the ability of those laboratories to benefit from commercial research, technology, products, processes, and services that can support such mission; and (3) encouraging the exchange of scientific and technical expertise between such laboratories and facilities and institutions of higher education, technology-related businesses, nonprofit institutions, and State, tribal, or local governmental agencies that can support the mission. Limits program funding to $5 million. Outlines program requirements, including selection criteria for choosing program projects at each laboratory or facility. Prohibits program funds from being allocated until 30 days after the Administrator submits to the defense and appropriations committees a program implementation plan. Requires an additional report on program implementation and management.
(Sec. 3162) Directs the Administrator to report to the defense and appropriations committees on small business participation in Administration activities.
(Sec. 3163) Requires the Secretary to direct the Energy Advisory Board to conduct a study for improving mission effectiveness, partnerships, and technology transfer at national security laboratories and nuclear weapons production facilities. Directs the Secretary to submit such study to Congress, along with recommendations.
(Sec. 3164) Requires the Administrator to report to Congress on the efficiency and effectiveness with which the Administrator and its laboratories and facilities carry out technology development activities in partnership with non-Federal entities. Requires the CG to review such report and provide Congress with a report assessment.
Subtitle F: Matters Relating to Defense Nuclear Nonproliferation
- Directs the Secretary to report annually to the defense committees on the status of efforts to secure weapons-usable nuclear materials in Russia that have been identified as being at risk for theft or diversion. Prohibits funds appropriated for the Nuclear Materials Protection, Control, and Accounting Program from being obligated or expended after FY 2000 for any project at a site controlled by the Russian Ministry of Atomic Energy until the Secretary reports to the defense committees on the access policy for such project, including a certification that the access policy has been implemented.
(Sec. 3172) Authorizes the Secretary to expand and enhance DOE activities under the Nuclear Cities Initiative, providing FY 2001 funding. Prohibits such funding from being used to provide Initiative assistance for more than three nuclear cities in Russia and two nuclear production facilities in Russia until 30 days after the Secretary submits to the defense committees a copy of a written agreement between the United States and Russia providing that Russia will close some of its facilities engaged in nuclear weapons assembly and disassembly work. Prohibits more than $8.75 million of such funds from being obligated or expended until the Secretary establishes and implements review procedures for Initiative projects and submits such procedures to the defense committees. Requires an additional report and certification, with a funding limit until the report and certification are received by the defense committees.
Urges the President to enter into discussions with Russia toward the development by Russia of a plan to restructure its nuclear complex to meet changes in the national security requirements of Russia by 2010.
Authorizes the Secretary to carry out a program to encourage students in the United States and Russia to pursue careers in nonproliferation. Provides program funding. Requires the Administrator to notify the defense committees before any such funds are expended.
(Sec. 3173) Requires the Secretary to report to the defense committees on DOE's efforts to ensure adequate oversight and accountability of DOE's nonproliferation programs in Russia and the potential effects of the use of on-ground monitoring for DOE's significant nonproliferation programs there. Requires the CG to submit an assessment of such report to such committees.
(Sec. 3174) Expresses the sense of Congress that there should be clear and effective coordination of nonproliferation programs among specified DOE programs.
(Sec. 3175) Allows amounts made available to DOE for FY 2001 for the International Nuclear Safety Program in the former Soviet Union and Eastern Europe to be available only for reactor safety upgrades and training related to nuclear operator and reactor safety.
Subtitle G: Other Matters
- Amends the National Defense Authorization Act for Fiscal Year: (1) 1995 to extend through FY 2002 the authority of the Secretary to appoint up to 200 positions in DOE for scientific, engineering, and technical personnel whose duties will relate to safety at defense nuclear facilities; and (2) 1996 to require biennial updates of a report concerning DOE nuclear test readiness postures, and to require certain additional information in such reports.
(Sec. 3193) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to require the Secretary, on a quarterly basis (currently, only 30 days after an inadvertent release), to notify specified committees and the Assistant to the President for National Security Affairs whether there has been an inadvertent release of records containing restricted or formerly restricted data during the automatic declassification of records.
(Sec. 3194) Requires any certification submitted to the President by the Secretaries of Energy or Defense concerning the safety or reliability of a nuclear weapon type in the U.S. nuclear weapons stockpile to be submitted in classified form only.
(Sec. 3195) Authorizes the Secretary to present a certificate of commendation to any current or former DOE employee, or current or former employee of a DOE contractor, whose service in matters relating to stockpile stewardship assisted DOE in furthering U.S. national security interests.
(Sec. 3196) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize the Federal waiver of a license from an Administration laboratory to a party to have such party practice an invention discovered in a DOE laboratory by or on behalf of the Government when the designated official finds that the retention of such license would substantially inhibit the commercialization of an invention that would otherwise serve an important Federal mission. Terminates such waiver authority five years after the enactment of this Act. Requires a report from the Administrator to Congress on any waivers granted.
(Sec. 3197) Authorizes the Secretary to establish within DOE an Office of Arctic Energy to promote research, development, and deployment in rural and remote areas of: (1) electric power technology that is cost-effective and especially suited to meet the needs of such regions; and (2) oil recovery technology, gas-to-liquids technology, hydroelectric facilities, natural gas, gas hydrates, and coal methane, and alternative energy.
Title XXXII: Defense Nuclear Facilities Safety Board
- Authorizes appropriations for FY 2001 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile
- Authorizes the National Defense Stockpile (NDS) Manager, during FY 2001, to obligate up to $71 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 3302) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to increase the authorized receipts for NDS disposals occurring by the end of FY 2002, 2003, and 2005.
(Sec. 3303) Directs the President, by the end of FY 2010, to dispose of 30,000 short tons of titanium contained in the NDS. Requires receipts realized from such disposal to be deposited for use by the American Battle Monuments Commission for design, construction, dedication, and maintenance of the World War II memorial (authorized under prior law).
Title XXXIV: Naval Petroleum Reserves
- Amends Federal provisions concerning the naval petroleum reserves to: (1) remove a requirement that the Secretary sell such petroleum at a price equal to at least 90 percent of comparable petroleum prices in the same area; (2) remove Naval Petroleum Reserve Number 1 from inclusion in any price requirements; and (3) repeal provisions authorizing the Secretary to enter into cooperative plans for the exploration, development, use, and operation of lands inside Naval Petroleum Reserve Number 1.
(Sec. 3403) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to convey to the Ute Indian Tribe of the Uintah and Ouray Indian reservation all Federal lands within the exterior boundaries of National Oil Shale Reserve Number 2, with specified reservations of lands for management by the Secretary of the Interior according to a land use management plan. Requires the Secretary of Energy to prepare a plan for remediation of the Moab uranium milling site near Moab, Utah, and to commence appropriate remediation. Prohibits DOE national security funds from being used to carry out the remedial action, except for program direction. Authorizes appropriations.
Amends the Uranium Mill Tailings Radiation Control Act of 1978 to designate the Moab milling site as a processing site, and therefore subject to appropriate remediation.
Title XXXV: Maritime Administration
- Authorizes appropriations for FY 2001 for the Department of Transportation for the Maritime Administration.
(Sec. 3502) Amends the National Maritime Heritage Act of 1994 to extend through FY 2006 the period for disposal of obsolete vessels in the National Defense Reserve Fleet. Authorize the Secretary of Transportation to scrap obsolete vessels through qualified scrapping facilities, using the most expeditious scrapping methodology and location practicable. Requires such Secretary to submit to specified committees a plan for completing such disposal, limiting the vessels that may be scrapped prior to such report. Requires a subsequent progress report from such Secretary.
(Sec. 3503) Authorizes the Secretary of Transportation to convey the former U.S.S. GLACIER of the National Defense Reserve Fleet to the Glacier Society, Inc., for use as a monument to the exploration of the Arctic and Antarctic. Requires such Secretary to retain such vessel in the Fleet until the earlier of the date of conveyance under this section or two years after the enactment of this Act.
(Sec. 3504) Authorizes the Secretary of Transportation to make grants to national maritime enhancement institutes for maritime and maritime intermodal research.
(Sec. 3505) Directs such Secretary to study and report to Congress on maritime research and technology development. Authorizes appropriations.
(Sec. 3506) Requires the Maritime Administration, in its annual report and annual budget submission, to state separately the amount, nature, and use of any funds administered or subject to oversight by such Administration.
Title XXXVI: Energy Employees Occupational Illness Compensation Program
- Energy Employees Occupational Illness Compensation Program Act of 2000 -
Subtitle A: Establishment of Compensation Program and Compensation Fund
- Establishes the Energy Employees Occupational Illness Compensation Program to provide timely, uniform, and adequate compensation of covered DOE employees (and, where applicable, survivors of such employees) suffering from illnesses incurred in the performance of duty for DOE and certain of its contractors and subcontractors.
(Sec. 3612) Establishes the Energy Employees Occupational Illness Compensation Fund to carry out the Program.
(Sec. 3613) Requires the President to submit to Congress a proposal for legislation to implement the Program, including an assessment of the number of potential covered employees.
(Sec. 3614) Authorizes appropriations.
Subtitle B: Program Administration
- Authorizes the President to designate additional entities as beryllium vendors for purposes of coverage under this Title if such entities engage in activities relating to the production or processing of beryllium for sale to, or use by, DOE.
(Sec. 3623) Determines, in the absence of substantial evidence to the contrary, a covered beryllium employee to have been exposed to beryllium in the performance of duties for purposes of this Title if such employee was: (1) employed at a DOE facility; or (2) present at a DOE facility, or a facility owned and operated by a beryllium vendor, because of employment by the United States, a beryllium vendor, or a contractor or subcontractor of DOE, during a period when beryllium dust, particles, or vapor may have been present at such facility.
Determines a DOE employee, contractor employee, or atomic weapons employee to have sustained a cancer in the performance of duty if the cancer was at least as likely as not related to employment at the employing facility. Requires the President to establish: (1) guidelines for making such determination; (2) methods for determining radiation dosage received by such employees; and (3) an independent review process to establish such methods and verify a reasonable sample of doses. Directs the Secretary to provide such employees with information concerning the estimated radiation dosage of the employee during such employment. Requires public availability of the methodology and data used in establishing radiation doses.
(Sec. 3624) Directs the President to establish and appoint an Advisory Board on Radiation and Worker Health to advise the President on: (1) the development of guidelines to be used to determine exposures to covered hazards; (2) the scientific validity and quality of dosage estimates and reconstruction efforts being performed for purposes of the Program; and (3) other matters relating to radiation and worker health at DOE facilities.
(Sec. 3625) Requires the Secretary of Health and Human Services to carry out the Secretary's responsibilities under the Program with the assistance of the Director of the National Institute for Occupational Safety and Health.
(Sec. 3626) Directs the Advisory Board to advise the President whether there is a class of DOE employees who likely were exposed to radiation at a facility but for whom it is not feasible to estimate the dosage received. Allows such class of employees to be considered members of the Special Exposure Cohort for purposes of the Program if there is a reasonable likelihood that the radiation dose received may have endangered the health of members of that class.
(Sec. 3627) Expresses the sense of Congress that further determination by the President is appropriate before employees who were exposed to silica are included in the Program. Requires DOE employee diagnosed with silicosis to be included in the Program unless the President certifies to Congress that there is insufficient basis to include such employees. Allows an employee to be so included only if he or she worked at least 250 days during the mining of tunnels at a DOE facility in Nevada or Alaska for tests or experiments related to an atomic weapon.
(Sec. 3628) Requires a covered employee, or their survivor, to receive compensation for disability or death from the employee's occupational illness in the amount of $150,000. Requires covered employees to receive medical benefits for such illness. Requires appropriate covered employees to receive beryllium sensitivity monitoring, including an initial and regular medical examinations.
(Sec. 3629) Requires the United States to furnish appropriate services, appliances, and supplies recommended for treatment of the illness. Authorizes an individual to be furnished transportation incident to such treatment.
(Sec. 3630) Requires an individual (or their survivor) who has received $100,000 as a covered uranium employee under the Radiation Exposure Compensation Act to receive $50,000 compensation under this section (to make such award equal to the award provided herein), and to receive appropriate medical benefits.
(Sec. 3631) Directs the President, upon request, to provide appropriate assistance to a claimant and potential claimant under the Program. Directs the Secretary to require a beryllium vendor or other DOE contractor or subcontractor to provide appropriate assistance to a claimant or potential claimant.
Subtitle C: Treatment, Coordination, and Forfeiture of Compensation and Benefits
- Requires offset against payments authorized under this Title with respect to any payments already received by covered employees due to such illnesses. Provides a right of subrogation on behalf of the United States in connection with such offset.
(Sec. 3643) Mandates that acceptance of payment under the Program for covered employees constitutes full satisfaction of all such claims against the United States, DOE or its contractors or subcontractors, a beryllium employer, or atomic weapons employer.
(Sec. 3644) Specifies the liabilities of the Unites States for future claims related to covered illnesses.
(Sec. 3645) Allows covered beryllium and atomic weapons employees to elect a remedy under this Title for a covered illness, with specified time limitations. Requires any currently-filed tort claim case to be dismissed by December 31, 2003, for claim eligibility under this Title.
(Sec. 3646) Mandates that compensation or benefits provided under this Title be tax exempt and not affect the eligibility of an individual for Federal assistance programs.
(Sec. 3647) Prohibits the assignment or transfer of claims under the Program.
(Sec. 3648) Limits attorney fees with respect to such claims to a two percent fee for filing the initial claim.
(Sec. 3649) States that payment under this Title shall not be considered compensation or reimbursement for a loss for purposes of any applicable insurance payment or claim.
(Sec. 3650) Requires forfeiture of entitlement to any Program compensation or benefit by individuals convicted of a Federal or State felony relating to fraud in the application for or receipt of any benefit under this Program or any Federal or State workers' compensation law.
(Sec. 3651) Prohibits (except under sec. 3630, above) individuals receiving compensation or benefits under the Radiation Exposure Compensation Act from receiving compensation or benefits under this Title.
Subtitle D: Assistance in State Workers' Compensation Proceedings
- Authorizes the Secretary to enter into agreements with a State to provide assistance to a DOE contractor employee in filing a claim under the appropriate State workers' compensation system. Outlines claim assistance procedures. Requires a report from the CG to Congress on the implementation and effectiveness of such assistance.
Click to hide full description.
Bill titles: To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.; To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for fiscal year 2001, and for other purposes.; Energy Employees Occupational Illness Compensation Program Act of 2000; Impact Aid Reauthorization Act of 2000; Military Construction Authorization Act for Fiscal Year 2001
Links for more info on the vote: congress.gov