[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2481 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2481

     To authorize appropriations for fiscal year 2001 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2001, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2000

  Mr. Warner (for himself and Mr. Levin) (by request) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
     To authorize appropriations for fiscal year 2001 for military 
    activities of the Department of Defense, to prescribe military 
   personnel strengths for fiscal year 2001, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Authorization Act 
for Fiscal Year 2001''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide Activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
             Subtitle B--Multi-Year Contract Authorizations

Sec. 111. Multiyear Procurement Authority for Certain Army Programs.
Sec. 112. Multiyear Procurement Authority for the DDG-51.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 201. Authorization of Appropriations.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and Maintenance Funding.
Sec. 302. Working Capital Funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfers from the National Defense Stockpile Transaction 
                            Fund.
                  Subtitle B--Environmental Provisions

Sec. 311. Reimbursement for Certain Costs in Connection with the Former 
                            Nansemond Ordnance Depot Site, in Suffolk, 
                            Virginia.
Sec. 312. Payment of Fines or Penalties Imposed for Environmental 
                            Violations.
                       Subtitle C--Other Matters

Sec. 321. Reimbursement by Civil Air Carriers for Support Provided at 
                            Johnston Atoll.
Sec. 322. Use of Excess Titanium Sponge in the National Defense 
                            Stockpile for Manufacturing Department of 
                            Defense Equipment.
Sec. 323. Clarification and Extension of Pilot Program for Acceptance 
                            and Use of Landing Fees Charged for Use of 
                            Domestic Military Airfields by Civil 
                            Aircraft.
Sec. 324. Economic Distribution of Distilled Spirits.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End Strengths for Active Forces.
                       Subtitle B--Reserve Forces

Sec. 411. End Strengths for Selected Reserve.
Sec. 412. End Strengths for Reserves on Active Duty in Support of the 
                            Reserves.
Sec. 413. End Strengths for Military Technicians (Dual Status).
Sec. 414. Increase in Number of Members in Certain Grades Authorized to 
                            be on Active Duty in Support of the 
                            Reserves.
Sec. 415. Active Duty End Strengths Exemption for Performing Funeral 
                            Honors Functions.
Sec. 416. Excluding Certain Reserve Component Members on Active Duty 
                            for 181 Days or More from Active Component 
                            End Strengths.
Sec. 417. Suspension of Senior Enlisted Pay Grade Strength Limitations 
                            for Active Duty (Other than for Training) 
                            During War or National Emergency.
Sec. 418. Suspension of Senior Officers Pay Grade Strength Limitations 
                            During War or National Emergency.
Sec. 419. Suspension of Senior Enlisted Pay Grade Strength Limitations 
                            for Active Duty (Other than for Training) 
                            in Connection with Organizing, 
                            Administering, Recruiting, Instructing, or 
                            Training the Reserve Components or National 
                            Guard During War or National Emergency.
                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Authority to Retain Chaplains and Officers in Medical 
                            Specialties Until Specified Age.
Sec. 502. Clarification of Authority for Posthumous Commissions.
Sec. 503. Release of Officer Promotion Selection Board Reports.
             Subtitle B--Reserve Component Personnel Policy

Sec. 511. Exemption of Certain Reserve Component General and Flag 
                            Officers, Serving in Joint Duty 
                            Assignments, from the Active Duty List for 
                            Promotion Purposes.
Sec. 512. Authority to Temporarily Increase the Number of Officers 
                            Serving on Active Duty or Full-Time 
                            National Guard Duty in Certain Controlled 
                            Grades.
Sec. 513. Authority to Temporarily Increase the Number of Enlisted 
                            Personnel Serving on Active Duty or Full-
                            Time National Guard Duty in Certain 
                            Controlled Grades.
Sec. 514. Exemption of Medical and Dental Officers from Counting in 
                            Grade Strengths.
Sec. 515. Reserve Officer Promotion Authority.
Sec. 516. Continuation of Officers on the Reserve Active Status List.
Sec. 517. Technical Correction to Retired Grade Rule.
                   Subtitle C--Education and Training

Sec. 521. Repeal of Contingent Funding for Junior Reserve Officers 
                            Training Corps.
Sec. 522. National Guard ChalleNGe Program.
           Subtitle D--Decorations, Awards, and Commendations

Sec. 531. Authority for Award of the Medal of Honor to Ed W. Freeman 
                            for Valor during Vietnam.
Sec. 532. Authority for Award of the Medal of Honor to Andrew J. Smith 
                            for Valor During the Civil War.
                      Subtitle E--Joint Management

Sec. 541. Changes to the Joint Specialty Officer Program to Improve 
                            Utility and Streamline Management.
Sec. 542. Promotion Policy Objectives for Joint Officers.
Sec. 543. Changes to Eligibility for Capstone, Post-education Placement 
                            Requirements, and Length of Armed Forces 
                            Staff College Courses and Armed Forces 
                            Staff College Provision of Instruction at 
                            Other Sites and in Other Dimension.
Sec. 544. Modification to the Length of Joint Duty Assignments.
Sec. 545. Change to the Joint Staff Role in Monitoring Joint Officers 
                            to Add Flexibility.
Sec. 546. Modifications to the Annual Report to Congress to Highlight 
                            Key Indicators of Compliance.
Sec. 547. Modifications to Definition of Qualifying Joint Service to 
                            Improve Management of Officers in Joint 
                            Activities.
Sec. 548. Modifications to Waivers and Exceptions to the Requirement 
                            for a Joint Duty Assignment Before 
                            Promotion to General or Flag Grade to 
                            Reduce Waivers.
                  Subtitle F--Selection Board Appeals

Sec. 551. Remedy in Cases Involving Certain Selection Boards.
Sec. 552. Special Selection Boards.
Sec. 553. Existing Jurisdiction.
Sec. 554. Effective Date.
                       Subtitle G--Other Matters

Sec. 561. Exemption of Retiree Council Members from Recalled Retiree 
                            Limits.
Sec. 562. Tenure Requirement for Critical Acquisition Positions.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

           Subtitle A--Bonuses and Special and Incentive Pays

Sec. 601. Aviation Career Incentive Pay--Authorize Secretaries to 
                            Delegate Authority to Waive Operational 
                            Flying Duty Requirements.
Sec. 602. Improved Consistency of Special Pay for Reserve Medical and 
                            Dental Officers.
Sec. 603. Funeral Honors Duty Compensation.
Sec. 604. Extension of Authorities Relating to Payment of Other Bonuses 
                            and Special Pays.
Sec. 605. Extension of Certain Bonuses and Special Pay Authorities for 
                            Reserve Forces.
Sec. 606. Extension of Certain Bonuses and Special Pay Authorities for 
                            Nurse Officer Candidates, Registered 
                            Nurses, and Nurse Anesthetists.
Sec. 607. Special Pay for Physician Assistants.
            Subtitle B--Travel and Transportation Allowances

Sec. 611. Revision to the Travel Management Allowance for Temporary 
                            Lodging Expenses.
Sec. 612. Changes in the Administration of Baggage and Household Goods 
                            Moves Payment for Savings in Shipping Less 
                            Than Authorized Weights.
Sec. 613. Advance Payment of Temporary Lodging Allowance.
Sec. 614. Changes in the Administration of Motor Vehicle Transportation 
                            or Storage.
 Subtitle C--Servicemembers' Group Life Insurance and Survivor Benefit 
                                  Plan

Sec. 621. Eligibility of Certain Members of the Individual Ready 
                            Reserve for Servicemembers' Group Life 
                            Insurance.
                       Subtitle D--Other Matters

Sec. 631. Eligibility for Presidential Appointment to a Service Academy 
                            for Children of Reserve Personnel.
Sec. 632. Personal Money Allowance for Senior Enlisted Members.
Sec. 633. Increase in Uniform Allowance for Officers.
Sec. 634. Revision of Authority to Prescribe the Quantity and Kind of 
                            Clothing to be Furnished Annually to 
                            Enlisted Members (or Allowance in lieu 
                            Thereof).
                   TITLE VII--HEALTH CARE PROVISIONS

Sec. 701. Medical and Dental Care for Medal of Honor Recipients.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

Subtitle A--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

Sec. 801. Multiyear Contract: Acquisition of Property.
Sec. 802. Elimination of the Requirement to Furnish Written Assurances 
                            of Technical Data Conformity.
Sec. 803. Elimination of Subcontract Notification Requirements.
Sec. 804. Certainty in Application of Cost Principles.
Sec. 805. Authorization for Contractor Participation in Testing Defense 
                            Acquisition Programs.
Sec. 806. Department of Defense Acquisition Pilot Programs Authority 
                            Extension.
Sec. 807. Electronic Access to Business Opportunities.
Sec. 808. Use of Indefinite Delivery Contracts.
                       Subtitle B--Other Matters

Sec. 811. Price Preference Adjustments in Selected Industry Categories.
Sec. 812. Revision to Definition of Conventional Ammunition for Single 
                            Manager Procurement.
Sec. 813. Extension of Joint Direct Attack Munition Pilot Program 
                            Authority.
Sec. 814. Technical Data Rights for Items Developed Exclusively at 
                            Private Expense.
Sec. 815. Waiver of Live-Fire Survivability Testing MH-47E/MH-60K 
                            Helicopter Modification Programs.
Sec. 816. Repeal of Certification of Funding for Support Costs in the 
                            Five Year Defense Program.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

             Subtitle A--Department of Defense Organization

Sec. 901. Change of Name for Certain Officials of the Headquarters, 
                            Marine Corps.
Sec. 902. Amendment to Broaden the Definition of Inspector General and 
                            to Clarify Responsibilities.
Sec. 903. Authority to Withhold from Public Disclosure Certain 
                            Sensitive Information.
                        Subitle B--Other Matters

Sec. 911. To Consolidate Various Department of the Navy Trust and Gift 
                            Funds.
Sec. 912. Disposition of Gifts to the Naval Academy.
Sec. 913. Mailing Privileges of Members of the Armed Forces of the 
                            United States and of Friendly Foreign 
                            Nations.
Sec. 914. Commercial Personnel Transfer Program for Science and 
                            Engineering.
Sec. 915. Pilot Program for Payment of Retraining and Relocation 
                            Expenses.
                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Administrative Offsets for Transportation Overcharges.
Sec. 1002. Date for Submittal of Joint Report on Scoring of Budget 
                            Outlays.
Sec. 1003. Repeal of Requirement for Two-year Budget Cycle for the 
                            Department of Defense.
Sec. 1004. Codification of Annual Recurring Appropriations Act General 
                            Provision for Reimbursements Related to 
                            Certain Reserve Intelligence or 
                            Counterintelligence Support.
             Subtitle B--Humanitarian and Civic Assistance

Sec. 1011. Clarification of Authority to Provide Humanitarian and Civic 
                            Assistance.
Sec. 1012. Authority to Pay Certain Expenses Relating to Humanitarian 
                            and Civic Assistance for Clearance of 
                            Landmines.
      Subtitle C--Miscellaneous Reporting Requirements and Repeals

Sec. 1015. Repeal of Reporting Requirement for B-2.
Sec. 1016. Amendment to National Guard and Reserve Component Equipment: 
                            Annual Report to Congress.
                       Subtitle D--Other Matters

Sec. 1021. Recognition of Military Testamentary Instruments.
Sec. 1022. Fees for Military History Information, Material and Research 
                            Assistance.
Sec. 1023. Cooperative Military Airlift Agreements: Allied Countries.
Sec. 1024. Chemical Weapons Destruction Facilities in Russia.
           TITLE XI--BASE REALIGNMENT AND CLOSURE ACT OF 1999

Sec. 1101. Short Title and Purpose.
Sec. 1102. The Commission.
Sec. 1103. Procedure for Making Recommendations for Base Closures and 
                            Realignments.
Sec. 1104. Closure and Realignment of Military Installations.
Sec. 1105. Implementation.
Sec. 1106. Account.
Sec. 1107. Reports.
Sec. 1108. Congressional Consideration of Commission Report.
Sec. 1109. Restriction on Other Base Closure Authority.
Sec. 1110. Definitions.
Sec. 1111. Clarifying Amendments.
Sec. 1112. Conforming Amendments.

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide Activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
           Subtitle B--Multi-Year Contract for Authorizations

Sec. 111. Multiyear Procurement Authority for Certain Army Programs.
Sec. 112. Multiyear Procurement Authority for the DDG-51.

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2001 
for procurement for the Army as follows:
            (1) For aircraft, $1,323,262,000.
            (2) For missiles, $1,295,728,000.
            (3) For weapons and tracked combat vehicles, 
        $1,874,638,000.
            (4) For ammunition, $1,131,323,000.
            (5) For other procurement, $3,795,870,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2001 for procurement for the Navy as follows:
            (1) For aircraft, $7,963,858,000.
            (2) For weapons, including missiles and torpedoes, 
        $1,434,250,000.
            (3) For shipbuilding and conversion, $12,296,919,000.
            (4) For procurement of ammunition for the Navy and the 
        Marine Corps, $429,649,000.
            (5) For other procurement, $3,334,611,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2001 for procurement for the Marine Corps in the amount 
of $1,171,935,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2001 
for procurement for the Air Force as follows:
            (1) For aircraft, $9,539,602,000.
            (2) For missiles, $3,061,715,000.
            (3) For procurement of ammunition, $638,808,000.
            (4) For other procurement, $7,699,127,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2001 
for defense-wide procurement in the amount of $2,275,308,000.

SEC. 105. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for fiscal year 2001 
for procurement for the Defense Inspector General in the amount of 
$3,300,000.

SEC. 106. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for fiscal year 2001 
for the Department of Defense for procurement for carrying out health 
care programs, projects, and activities of the Department of Defense in 
the total amount of $290,006,000.

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

    There is hereby authorized to be appropriated for fiscal year 2001 
in the amount of $1,003,500,000 for--
            (1) the destruction of lethal chemical weapons in 
        accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521) and
            (2) the destruction of chemical warfare material of the 
        United States that is not covered by section 1412 of such Act.

             Subtitle B--Multi-Year Contract Authorizations

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN ARMY PROGRAMS.

    Beginning with the fiscal year 2001 program year, the Secretary of 
the Army may, in accordance with section 2306b of title 10, United 
States Code, enter into multi-year contracts for procurement of the 
following:
            (1) The M2A3 Bradley Fighting Vehicle.
            (2) The UH/60-CH/60 helicopter.

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DDG-51.

    Beginning with the fiscal year 2001 program year, the Secretary of 
the Navy may, in accordance with section 2306b of title 10, United 
States Code, enter into a multi-year contract for procurement of the 
DDG-51.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 201. Authorization of Appropriations.

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2001 
for the use of the Armed Forces for research, development, test, and 
evaluation, as follows:
            (1) For the Army, $5,260,346,000.
            (2) For the Navy, $8,476,677,000.
            (3) For the Air Force, $13,685,576,000.
            (4) For Defense-wide research, development, test, and 
        evaluation, $10,439,802,000, of which $201,560,000 is 
        authorized for the Director of Operational Test and Evaluation.
            (5) For the Defense Health Program, $65,880,000.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and Maintenance Funding.
Sec. 302. Working Capital Funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfers from the National Defense Stockpile Transaction 
                            Fund.
                  Subtitle B--Environmental Provisions

Sec. 311. Reimbursement for Certain Costs in Connection with the Former 
                            Nansemond Ordnance Depot Site, in Suffolk, 
                            Virginia.
Sec. 312. Payment of Fines or Penalties Imposed for Environmental 
                            Violations.
                       Subtitle C--Other Matters

Sec. 321. Reimbursement by Civil Air Carriers for Support Provided at 
                            Johnston Atoll.
Sec. 322. Use of Excess Titanium Sponge in the National Defense 
                            Stockpile for Manufacturing Department of 
                            Defense Equipment.
Sec. 323. Clarification and Extension of Pilot Program for Acceptance 
                            and Use of Landing Fees Charged for Use of 
                            Domestic Military Airfields by Civil 
                            Aircraft.
Sec. 324. Economic Distribution of Distilled Spirits.

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2001 
for the use of the Armed Forces of the United States and other 
activities and agencies of the Department of Defense, for expenses, not 
otherwise provided for, for operation and maintenance, in amounts as 
follows:
            (1) For the Army, $19,123,731,000.
            (2) For the Navy, $23,300,154,000.
            (3) For the Marine Corps, $2,705,658,000.
            (4) For the Air Force, $22,346,977,000.
            (5) For the Defense-wide activities, $11,920,069,000.
            (6) For the Army Reserve, $1,521,418,000.
            (7) For the Naval Reserve, $960,946,000.
            (8) For the Marine Corps Reserve, $133,959,000.
            (9) For the Air Force Reserve, $1,885,859,000.
            (10) For the Army National Guard, $3,182,335,000.
            (11) For the Air National Guard, $3,446,375,000.
            (12) For the Defense Inspector General, $144,245,000.
            (13) For the United States Court of Appeals for the Armed 
        Forces, $8,574,000.
            (14) For Environmental Restoration, Army, $389,932,000.
            (15) For Environmental Restoration, Navy, $294,038,000.
            (16) For Environmental Restoration, Air Force, 
        $376,300,000.
            (17) For Environmental Restoration, Defense-wide, 
        $23,412,000.
            (18) For Environmental Restoration, Formerly Used Defense 
        Sites, $186,499,000.
            (19) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $64,900,000.
            (20) For Drug Interdiction and Counter-drug Activities, 
        Defense-wide, $836,300,000.
            (21) For the Kaho'olawe Island Conveyance, Remediation, and 
        Environmental Restoration Trust Fund, $25,000,000.
            (22) For the Defense Health Program, $11,244,543,000.
            (23) For Cooperative Threat Reduction programs, 
        $458,400,000.
            (24) For Overseas Contingency Operations Transfer Fund, 
        $4,100,577,000.

SEC. 302. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2001 
for the use of the Armed Forces of the United States and other 
activities and agencies of the Department of Defense for providing 
capital for working capital and revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $916,276,000.
            (2) For the National Defense Sealift Fund, $388,158,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

    There is hereby authorized to be appropriated for fiscal year 2001 
from the Armed Forces Retirement Home Trust Fund the sum of $69,832,000 
for the operation of the Armed Forces Retirement Home, including the 
United States Soldiers' and Airmen's Home and the Naval Home.

SEC. 304. TRANSFERS FROM THE NATIONAL DEFENSE STOCKPILE TRANSACTION 
              FUND.

    (a) Transfer Authority.--To the extent provided in appropriations 
Acts not more than $150,000,000 is authorized to be transferred from 
the National Defense Stockpile Transaction Fund to operation and 
maintenance accounts for fiscal year 2001 in amounts as follows:
            (1) For the Army, $50,000,000.
            (2) For the Navy, $50,000,000.
            (3) For the Air Force, $50,000,000.
    (b) Treatment of Transfers.--Amounts transferred under this 
section--
            (1) shall be merged with, and be available for the same 
        purposes and the same period as, the amounts in the accounts to 
        which transferred; and
            (2) may not be expended for an item that has been denied 
        authorization of appropriations by Congress.

                  Subtitle B--Environmental Provisions

SEC. 311. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH THE FORMER 
              NANSEMOND ORDNANCE DEPOT SITE, IN SUFFOLK, VIRGINIA.

    (a) Authority To Reimburse EPA.--The Secretary of Defense may pay 
not more than $98,210.00, using funds described in subsection (b), to 
the Former Nansemond Ordnance Depot Site Special Account within the 
Hazardous Substance Superfund established by section 9507 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the 
Environmental Protection Agency for costs incurred by the agency in 
overseeing a time critical removal action (TCRA) under CERCLA being 
performed by DoD under the Defense Environmental Restoration Program 
(10 U.S.C. 2701) for ordnance and explosive safety hazards at the 
Former Nansemon Ordnance Depot Site in Suffolk, Virginia, pursuant to 
an Interagency Agreement, entered into by the Department of the Army 
and the Environmental Protection Agency on January 3, 2000.
    (b) Source of Funds.--Any payment under subsection (a) shall be 
made using amounts authorized to be appropriated by section 301 to 
Environmental Restoration, Formerly Used Defense Sites.
    (c) CERCLA Defined.--In this section, the term ``CERCLA'' means the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (42 U.S.C. 9601 et seq.).

SEC. 312. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRONMENTAL 
              VIOLATIONS.

    The Secretary of the Military Department concerned may pay from 
funds otherwise available for such purposes not more than the following 
amounts at the locations and for the purposes indicated below:
            (1) For the Department of the Army:
                    (A) $993,000 for Walter Reed Army Medical Center, 
                Washington, D.C., under the Resource Conservation and 
                Recovery Act, in satisfaction of a fine imposed by 
                Environmental Protection Agency Region 3, for a 
                Supplemental Environmental Project.
                    (B) $377,250 for Fort Campbell, Kentucky, under the 
                Resource Conservation and Recovery Act, in satisfaction 
                of a fine imposed by Environmental Protection Agency 
                Region 4, for a Supplemental Environmental Project.
                    (C) $20,701 for Fort Gordon, Georgia, under the 
                Resource Conservation and Recovery Act, in satisfaction 
                of a fine imposed by the State of Georgia, for a 
                Supplemental Environmental Project.
                    (D) $78,500 for Pueblo Chemical Depot, Colorado, 
                under the Resource Conservation and Recovery Act, in 
                satisfaction of a fine imposed by the State of 
                Colorado, for Supplemental Environmental Projects.
                    (E) $20,000 for Deseret Chemical Depot, Utah, under 
                the Resource Conservation and Recovery Act, in 
                satisfaction of a fine imposed by the State of Utah, 
                for a Supplemental Environmental Project.
            (2) For the Department of the Navy:
                    (A) $108,800 for Allegany Ballistics Laboratory, 
                West Virginia, under the Resource Conservation and 
                Recovery Act, to the West Virginia Division of 
                Environmental Protection to pay a cash penalty.
                    (B) $5,000 for Naval Air Station, Corpus Christi, 
                Texas, under the Clean Air Act, to Environmental 
                Protection Agency Region 6, to pay a cash penalty.

                       Subtitle C--Other Matters

SEC. 321. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT PROVIDED AT 
              JOHNSTON ATOLL.

    (a) In General.--Chapter 949 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9783. Reimbursement by civil air carriers for support provided 
              at Johnston Atoll
    ``(a) Authority of the Secretary.--Subject to subsection (b), the 
Secretary of the Air Force may issue regulations requiring payment by 
civil air carriers for support provided to them at Johnston Atoll.
    ``(b) Types of Charges.--Any regulations issued under subsection 
(a)--
            ``(1) may charge, but not exceed, the actual costs, 
        including indirect costs, of support provided by the United 
        States to the civil air carrier;
            ``(2) may only include charges for support requested by the 
        civil air carrier or required to accommodate the civil air 
        carrier's use of the Johnston Atoll; and
            ``(3) shall provide that charges under them shall be in 
        lieu of any otherwise collectible landing fees.
    ``(c) Support Defined.--In this section, the term `support' 
includes the costs of construction, repairs, services, or supplies, 
including, but not limited to, fuel, fire rescue, use of facilities, 
improvements required to accommodate use by civil air carriers, police, 
safety, housing, food, air traffic control, and suspension of military 
operations on the island (including operations at the Johnston Atoll 
Chemical Agent Demilitarization System).
    ``(d) Disposition of Payments.--Notwithstanding any other provision 
of law, amounts collected from a civil air carrier under this section 
shall be credited to the appropriations under which the costs 
associated with the support were incurred. Amounts so credited shall 
be available for obligation for the same period as the appropriation to 
which credited.
    ``(e) Pay-as-You-Go-Scoring.--From the cash proceeds resulting from 
services provided to civil air carriers at Johnston Atoll under the 
authorities provided by this section, for which the Air Force does not 
have existing authority to retain, up to the following amounts shall be 
transferred to Miscellaneous Receipts in the Treasury:
            ``(1) In FY 2001, $219,000;
            ``(2) In FY 2002, $219,000;
            ``(3) In FY 2003, $219,000;
            ``(4) In FY 2001, $219,000; and
            ``(5) In FY 2001, $219,000.''.
    (b) Clerical Amendments.--The table of sections at the beginning of 
chapter 949, United States Code, is amended by adding at the end the 
following new item:

``9783. Reimbursement by civil air carriers for support provided by 
                            Johnston Atoll.''.

    SEC. 322. USE OF EXCESS TITANIUM SPONGE IN THE NATIONAL DEFENSE 
      STOCKPILE FOR MANUFACTURING DEPARTMENT OF DEFENSE EQUIPMENT.

    (a) Transfer Authorized.--Upon the request of the Secretary of a 
Military Department or the Director of a Defense Agency, the Secretary 
of Defense may transfer excess titanium sponge from the stocks of the 
National Defense Stockpile for use in manufacturing defense equipment.
    (b) Non-Reimbursable.--Transfer under this section shall be without 
a requirement to reimburse the National Defense Stockpile Transaction 
Fund. The recipient Military Department shall pay all transportation 
and related costs incurred in connection with the transfer.
    (c) Relationship to Other Disposal Authority.--The quantity of 
titanium sponge transferred under this section may not exceed the 
amount identified as excess in section 3304 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85, 111 Stat. 
2057). Transfers to the Secretary of the Army pursuant to section 3305 
of the National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106, 110 Stat. 630) take precedence over transfers under this 
section.

SEC. 323. CLARIFICATION AND EXTENSION OF PILOT PROGRAM FOR ACCEPTANCE 
              AND USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC 
              MILITARY AIRFIELDS BY CIVIL AIRCRAFT.

    Section 377 of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999, Public Law 105-261, is amended as follows:
            (1) in subsection (a)--
                    (A) by striking ``1999 and 2000'' and inserting 
                ``2001, 2002, and 2003''; and
                    (B) by striking the last sentence of such 
                subsection and inserting ``Authority to carry out a 
                pilot program under this section shall terminate 
                September 30, 2003.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Landing Fees Defined.--For purposes of this section, the term 
`landing fees' shall mean any fee established under or in accordance 
with regulations of the military department concerned, whether 
prescribed by fee schedule or imposed under a joint-use agreement, to 
recover costs for civil aircraft use of the department's airfields in 
the United States, its territories and possessions.'';
            (3) in subsection (c), by striking ``Amounts received for a 
        fiscal year in payment of landing fees imposed'' and inserting 
        ``Landing fees collected.'';
            (4) in subsection (d)--
                    (A) by striking ``March 31, 2000,'' and inserting 
                ``March 31, 2003,''; and
                    (B) by striking ``December 31, 1999'' and inserting 
                ``December 31, 2002.''.

SEC. 324. ECONOMIC DISTRIBUTION OF DISTILLED SPIRITS.

    Subsection 2488(c) of title 10, United States Code, is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (3) as paragraph (2).

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End Strengths for Active Forces.
                       Subtitle B--Reserve Forces

Sec. 411. End Strengths for Selected Reserve.
Sec. 412. End Strengths for Reserves on Active Duty in Support of the 
                            Reserves.
Sec. 413. End Strengths for Military Technicians (Dual Status).
Sec. 414. Increase in Number of Members in Certain Grades Authorized to 
                            be on Active Duty in Support of the 
                            Reserves.
Sec. 415. Active Duty End Strengths Exemption for Performing Funeral 
                            Honors Functions.
Sec. 416. Excluding Certain Reserve Component Members on Active Duty 
                            for 181 Days of More from Active Component 
                            End Strengths.
Sec. 417. Suspension of Senior Enlisted Pay Grade Strength Limitations 
                            for Active Duty (Other than for Training) 
                            During War or National Emergency.
Sec. 418. Suspension of Senior Officers Pay Grade Strength Limitations 
                            During War or National Emergency.
Sec. 419. Suspension of Senior Enlisted Pay Grade Strength Limitations 
                            for Active Duty (Other than for Training) 
                            in Connection with Organizing, 
                            Administering, Recruiting, Instructing, or 
                            Training the Reserve Components or National 
                            Guard During War or National Emergency.

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2001, as follows:
            (1) The Army, 480,000.
            (2) The Navy, 372,000.
            (3) The Marine Corps, 172,600.
            (4) The Air Force, 357,000.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 
30, 2001, as follows:
            (1) The Army National Guard of the United States, 350,000.
            (2) The Army Reserve, 205,000.
            (3) The Naval Reserve, 88,900.
            (4) The Marine Corps Reserve, 39,500.
            (5) The Air National Guard of the United States, 108,000.
            (6) The Air Force Reserve, 74,300.
            (7) The Coast Guard Reserve, 8,000.
    (b) Adjustments.--The end strengths prescribed by subsection (a) 
for the Selected Reserve of any reserve component shall be 
proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year, and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participating in training) without their 
        consent at the end of the fiscal year.
Whenever such units or such individual members are released from active 
duty during any fiscal year, the end strength prescribed for such 
fiscal year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
              RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 
2001, the following number of Reserves to be serving on full-time 
active duty, or, in the case of members of the National Guard, full-
time National Guard duty for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components:
            (1) The Army National Guard of the United States, 22,448.
            (2) The Army Reserve, 12,806.
            (3) The Naval Reserve, 14,649.
            (4) The Marine Corps Reserve, 2,203.
            (5) The Air National Guard of the United States, 11,148.
            (6) The Air Force Reserve, 1,278.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.

    The Reserve Components of the Army and the Air Force are authorized 
strengths for military technicians as of September 30, 2001, as 
follows:
            (1) For the Army Reserve, 6,444.
            (2) For the Army National Guard of the United States, 
        23,957.
            (3) For the Air Force Reserve, 9,733
            (4) For the Air National Guard of the United States, 
        22,547.

SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO 
              BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

    (a) Officers.--The table in section 12022(a) of title 10, United 
States Code, is amended to read as follows:

 
------------------------------------------------------------------------
                                                         Air     Marine
             ``Grade                Army      Navy      Force     Corps
------------------------------------------------------------------------
Major or Lieutenant Commander...     3,227     1,071       998       140
Lieutenant Colonel or Commander.     1,611       520       818        90
Colonel or Navy Captain.........       471       188       300     30''.
------------------------------------------------------------------------

    (b) Senior Enlisted Members.--The table in section 12012(a) of 
title 10, United States Code, is amended to read as follows:

 
------------------------------------------------------------------------
                                                         Air     Marine
             ``Grade                Army      Navy      Force     Corps
------------------------------------------------------------------------
E-9.............................       645       202       473        20
E-8.............................     2,593       429     1,108     94''.
------------------------------------------------------------------------

SEC. 415. ACTIVE DUTY END STRENGTH EXEMPTION FOR PERFORMING FUNERAL 
              HONORS FUNCTIONS.

    Section 115(d) of title 10, United States Code, is amended by 
adding at the end the following new paragraphs:
            ``(9) Members of reserve components on active duty to 
        prepare for and to perform funeral honors functions for 
        funerals of veterans in accordance with section 1491 of this 
        title.
            ``(10) Members on full-time National Guard duty to prepare 
        for and to perform funeral honors functions for funerals of 
        veterans in accordance with section 1491 of this title.''.

SEC. 416. EXCLUDING CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE DUTY 
              FOR 181 DAYS OR MORE FROM ACTIVE COMPONENT END STRENGTHS.

    Section 115(d) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(9) Members of reserve components on active duty for 181 
        days or more to perform special work in support of the armed 
        forces (other than the Coast Guard) and the combatant commands 
        not to exceed two tenths of one percent of authorized active 
        duty personnel.''.

SEC. 417. SUSPENSION OF SENIOR ENLISTED PAY GRADE STRENGTH LIMITATIONS 
              FOR ACTIVE DUTY (OTHER THAN FOR TRAINING) DURING WAR OR 
              NATIONAL EMERGENCY.

    Section 517 of title 10, United States Code, is amended by adding 
at the end the following new subsection (c):
    ``(c) The Secretary of Defense may suspend the operation of this 
section in time of war, or of a national emergency declared by the 
Congress or by the President. Any suspension shall, if not sooner 
ended, end on the last day of the two-year period beginning on the date 
on which the suspension (or the last extension thereof) takes effect or 
on the last day of the one year period beginning on the date of the 
termination of the war or national emergency, whichever occurs first. 
Title II of the National Emergencies Act (50 U.S.C. Sec. Sec. 1621-
1622) which provides that powers or authorities exercised by reason of 
a national emergency shall cease to be exercised after the date of the 
termination of the emergency shall not apply to an extension under this 
subsection.''.

SEC. 418. SUSPENSION OF SENIOR OFFICERS PAY GRADE STRENGTH LIMITATIONS 
              DURING WAR OR NATIONAL EMERGENCY.

    Sec. 12011 of title 10, United States Code, is amended by adding at 
the end the following new subsection (c):
    ``(c) The Secretary of Defense may suspend the operation of this 
section in time of war, or of a national emergency declared by the 
Congress or by the President. Any suspension shall, if not sooner 
ended, end on the last day of the two-year period beginning on the date 
on which the suspension (or the last extension thereof) takes effect or 
on the last day of the one year period beginning on the date of the 
termination of the war or national emergency, whichever occurs first. 
Title II of the National Emergencies Act (50 U.S.C. Sec. Sec. 1621-
1622) which provides that powers or authorities exercised by reason of 
a national emergency shall cease to be exercised after the date of the 
termination of the emergency shall not apply to an extension under this 
subsection.''.

SEC. 419. SUSPENSION OF SENIOR ENLISTED PAY GRADE STRENGTH LIMITATIONS 
              FOR ACTIVE DUTY (OTHER THAN FOR TRAINING) IN CONNECTION 
              WITH ORGANIZING, ADMINISTERING, RECRUITING, INSTRUCTING, 
              OR TRAINING THE RESERVE COMPONENTS OR NATIONAL GUARD 
              DURING WAR OR NATIONAL EMERGENCY.

    Sec. 12012 of title 10, United States Code, is amended by adding at 
the end the following new subsection (c):
    ``(c) The Secretary of Defense may suspend the operation of this 
section in time of war, or of a national emergency declared by the 
Congress or by the President. Any suspension shall, if not sooner 
ended, end on the last day of the two-year period beginning on the date 
on which the suspension (or the last extension thereof) takes effect or 
on the last day of the one year period beginning on the date of the 
termination of the war or national emergency, whichever occurs first. 
Title II of the National Emergencies Act (50 U.S.C. Sec. Sec. 1621-
1622) which provides that powers or authorities exercised by reason of 
a national emergency shall cease to be exercised after the date of the 
termination of the emergency shall not apply to an extension under this 
subsection.''.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Authority to Retain Chaplains and Officers in Medical 
                            Specialties Until Specified Age.
Sec. 502. Clarification of Authority for Posthumous Commissions.
Sec. 503. Release of Officer Promotion Selection Board Reports.
             Subtitle B--Reserve Component Personnel Policy

Sec. 511. Exemption of Certain Reserve Component General and Flag 
                            Officers, Serving in Joint Duty 
                            Assignments, from the Active Duty List for 
                            Promotion Purposes.
Sec. 512. Authority to Temporarily Increase the Number of Officers 
                            Serving on Active Duty or Full-Time 
                            National Guard Duty in Certain Controlled 
                            Grades.
Sec. 513. Authority to Temporarily Increase the Number of Enlisted 
                            Personnel Serving on Active Duty or Full-
                            Time National Guard Duty in Certain 
                            Controlled Grades.
Sec. 514. Exemption of Medical and Dental Officers from Counting in 
                            Grade Strengths.
Sec. 515. Reserve Officer Promotion Authority.
Sec. 516. Continuation of Officers on the Reserve Active Status List.
Sec. 517. Technical Correction to Retired Grade Rule.
                   Subtitle C--Education and Training

Sec. 521. Repeal of Contingent Funding for Junior Reserve Officers 
                            Training Corps.
Sec. 522. National Guard ChalleNGe Program.
           Subtitle D--Decorations, Awards, and Commendations

Sec. 531. Authority for Award of the Medal of Honor to Ed W. Freeman 
                            for Valor during Vietnam.
Sec. 532. Authority for Award of the Medal of Honor to Andrew J. Smith 
                            for Valor During the Civil War.
                      Subtitle E--Joint Management

Sec. 541. Changes to the Joint Specialty Officer Program to Improve 
                            Utility and Streamline Management.
Sec. 542. Promotion Policy Objectives for Joint Officers.
Sec. 543. Changes to Eligibility for Capstone, Post-education Placement 
                            Requirements, and Length of Armed Forces 
                            Staff College Courses and Armed Forces 
                            Staff College Provision of Instruction at 
                            Other Sites and in Other Dimension.
Sec. 544. Modification to the Length of Joint Duty Assignments.
Sec. 545. Change to the Joint Staff Role in Monitoring Joint Officers 
                            to Add Flexibility.
Sec. 546. Modifications to the Annual Report to Congress to Highlight 
                            Key Indicators of Compliance.
Sec. 547. Modifications to Definition of Qualifying Joint Service to 
                            Improve Management of Officers in Joint 
                            Activities.
Sec. 548. Modifications to Waivers and Exceptions to the Requirement 
                            for a Joint Duty Assignment Before 
                            Promotion to General or Flag Grade to 
                            Reduce Waivers.
                  Subtitle F--Selection Board Appeals

Sec. 551. Remedy in Cases Involving Certain Selection Boards.
Sec. 552. Special Selection Boards.
Sec. 553. Existing Jurisdiction.
Sec. 554. Effective Date.
                       Subtitle G--Other Matters

Sec. 561. Exemption of Retiree Council Members from Recalled Retiree 
                            Limits.
Sec. 562. Tenure Requirement for Critical Acquisition Positions.

                  Subtitle A--Officer Personnel Policy

SEC. 501. AUTHORITY TO RETAIN CHAPLAINS AND OFFICERS IN MEDICAL 
              SPECIALTIES UNTIL SPECIFIED AGE.

    Section 14703(a)(3) of title 10, United States Code, is amended to 
read as follows:
            ``(3) The Secretary of the Air Force may, with the 
        officer's consent, retain in an active status any reserve 
        officer who is designated as a medical officer, dental officer, 
        Air Force nurse, Medical Service Corps officer, biomedical 
        sciences officer or chaplain.''.

SEC. 502. CLARIFICATION OF AUTHORITY FOR POSTHUMOUS COMMISSIONS.

    Section 1521(a)(3) of title 10, United States Code, is amended by 
inserting ``(whether before or after the member's death)'' after ``was 
approved by the Secretary concerned''.

SEC. 503. RELEASE OF OFFICER PROMOTION SELECTION BOARD REPORTS.

    (a) Active-Duty List Officer Boards.--Section 618(e) of title 10, 
United States Code, is amended by striking the first sentence and 
inserting the following: ``Upon transmittal to the President of the 
report of a selection board that considered officers for promotion to a 
grade below brigadier general or rear admiral (lower half), the names 
of the officers recommended for promotion by the selection board (other 
than any name deferred from transmittal) may be disseminated to the 
armed force concerned.''.
    (b) Reserve Active-Status List Officer Boards.--Section 14112 of 
title 10, United States Code, is amended by striking the first sentence 
and inserting the following: ``Upon transmittal to the President of the 
report of a selection board that considered officers for promotion to a 
grade below brigadier general or rear admiral (lower half), the names 
of the officers recommended for promotion by the selection board (other 
than any name deferred from transmittal) may be disseminated to the 
armed force concerned.''.

             Subtitle B--Reserve Component Personnel Policy

SEC. 511. EXEMPTION OF CERTAIN RESERVE COMPONENT GENERAL AND FLAG 
              OFFICERS, SERVING IN JOINT DUTY ASSIGNMENTS, FROM THE 
              ACTIVE DUTY LIST FOR PROMOTION PURPOSES

    Section 641(1)(B) of title 10 is amended by inserting 
``526(b)(2)(A),'' after ``section'' the first time such term appears in 
the subparagraph.

SEC. 512. AUTHORITY TO TEMPORARILY INCREASE THE NUMBER OF OFFICERS 
              SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY 
              IN CERTAIN CONTROLLED GRADES.

    Section 12011 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Upon a determination by the Secretary of Defense that such 
action is in the national interest, the Secretary may increase the 
number of officers serving in any grade for a fiscal year pursuant to 
subsection (a) by not more than the percent authorized by the Secretary 
under section 115(c)(2) of this title.''.

SEC. 513. AUTHORITY TO TEMPORARILY INCREASE THE NUMBER OF ENLISTED 
              PERSONNEL SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL 
              GUARD DUTY IN CERTAIN CONTROLLED GRADES.

    Section 12012 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Upon determination by the Secretary of Defense that such 
action is in the national interest, the Secretary may increase the 
number of enlisted members serving in any grade for a fiscal year 
pursuant to subsection (a) by not more than the percent authorized by 
the Secretary under section 115(c)(2) of this title.''.

SEC. 514. EXEMPTION OF MEDICAL AND DENTAL OFFICERS FROM COUNTING IN 
              GRADE STRENGTHS.

    Section 12005(a)(1) of title 10, United States Code, is amended by 
adding at the end the following: ``Medical officers and dental officers 
shall be excluded in computing and determining the authorized strengths 
under this subsection.''

SEC. 515. RESERVE OFFICER PROMOTION AUTHORITY.

    Section 641(1) of title 10, United States Code, is amended:
            (1) by redesignating subparagraphs (D) through (G) as 
        subparagraphs (E) through (H), respectively; and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) who is currently on the Reserve Active Status 
                List and is ordered to active duty under section 
                12301(d) of this title, other than as provided in 
                subparagraph (C), for a period of three years or 
                less;''.

SEC. 516. CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE STATUS LIST.

    Section 14701(a) of title 10, United States Code, is amended by 
striking ``Upon application, a reserve officer'' and inserting ``A 
reserve officer''.

SEC. 517. TECHNICAL CORRECTION TO RETIRED GRADE RULE.

    (a) Army.--Section 3961(a) of title 10, United States Code, is 
amended by striking ``or for nonregular service under chapter 1223 of 
this title,''.
    (b) Air Force.--Section 8961(a) of title 10, United States Code, is 
amended by striking ``or for nonregular service under chapter 1223 of 
this title,''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to Reserve commissioned officers who are promoted to a 
higher grade as a result of selection for promotion under chapter 36 or 
chapter 1405 of title 10, United States Code, or having been found 
qualified for federal recognition in a higher grade under chapter 3 of 
title 32, United States Code, after October 5, 1994.

                   Subtitle C--Education and Training

SEC. 521. REPEAL OF CONTINGENT FUNDING FOR JUNIOR RESERVE OFFICERS 
              TRAINING CORPS.

    (a) In General.--Section 2033 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by striking the item relating to section 2033.

SEC. 522. NATIONAL GUARD CHALLENGE PROGRAM.

    Section 509(b) of title 32, United States Code, is amended by 
striking, ``, except that Federal expenditures under the program may 
not exceed $50,000,000 for any fiscal year''.

                 Subtitle D--Medal of Honor Recipients

SEC. 531. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO ED W. FREEMAN 
              FOR VALOR DURING VIETNAM.

    (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the military service, the President may 
award the Medal of Honor under section 3741 of that title to Ed W. 
Freeman, of Boise, Idaho, for the acts of valor referred to in 
subsection (b).
    (b) Action Described.--The acts of valor referred to in subsection 
(a) are the actions of Ed W. Freeman on November 14, 1965, as a flight 
leader and second in command of a 16-helicopter lift unit, serving in 
the grade of Captain at landing zone X-Ray in the battle of the IaDrang 
Valley, Republic of Vietnam, with Alpha Company, 229 Assault Helicopter 
Battalion, 101st Cavalry Division (Airmobile).

SEC. 532. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO ANDREW J. SMITH 
              FOR VALOR DURING THE CIVIL WAR.

    (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the military service, the President may 
award the Medal of Honor, posthumously, under section 3741 of that 
title to Andrew J. Smith, for the acts of valor referred to in 
subsection (b).
    (b) Action Described.--The acts of valor referred to in subsection 
(a) are the actions of Andrew J. Smith on November 30, 1864, as an 
infantry corporal serving in the United States Army in South Carolina 
with the 55th Massachusetts Voluntary Infantry during a combat 
operation in the Civil War Battle of Honey Hill, South Carolina.

                      Subtitle E--Joint Management

SEC. 541. CHANGES TO THE JOINT SPECIALTY OFFICER PROGRAM TO IMPROVE 
              UTILITY AND STREAMLINE MANAGEMENT.

    (a) Management Policies for Joint Specialty Officers.--Section 661 
of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``, or having been 
        nominated for, `the joint specialty'.'' and inserting ``the 
        `joint specialty officer' designation. Joint specialty officers 
        are intended to provide a quickly identifiable, ready source of 
        officers with joint experience and education to meet special 
        requirements on any organizational staff and/or joint task 
        force operation.'';
            (2) in subsection (b), by amending the subsection to read 
        as follows:
    ``(b) Numbers and Selections.--Officers will be designated with a 
joint specialty officer identifier upon completion of the requirements 
stipulated in paragraph (c) below. Designation of officers with the 
joint specialty officer identifier can only be made among officers--
            ``(1) who meet qualifications prescribed by the Secretary 
        of Defense; and
            ``(2) who complete their joint duty assignment when the 
        officer is serving in a grade not less than major or, in the 
        case of the Navy, lieutenant commander.'';
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) An officer will be designated with a joint specialty 
        officer identifier after the officer--
                    ``(A) successfully completes a Chairman of the 
                Joint Chiefs of Staff accredited program from a joint 
                professional military education institution and 
                successfully completes a full tour of duty in a joint 
                duty assignment (not necessarily in this order); or,
                    ``(B) successfully completes two full tours of duty 
                in joint duty assignments.'';
                    (B) in paragraph (2), by striking subparagraph (A) 
                and the designator ``(B)'' at the beginning of 
                subparagraph (B); and
                    (C) by striking paragraph (4).
            (4) subsection (d) is amended to read as follows:
    ``(d) Authority To Grant Waivers.--The Secretary of a military 
department may request the Secretary of Defense to waive the provisions 
of subparagraphs (A) or (B) of section (c)(1) for a particular officer 
for unusual circumstances. The requesting Secretary must justify the 
request and relate how the officer's situation equates to the 
established joint experience and educational standards expected for the 
joint specialty officer designation. In the case of a general or flag 
officer, the Secretary of Defense may grant a waiver only for a 
critical need of the armed forces. The authority of the Secretary of 
Defense to grant a waiver under this subsection may be delegated only 
to the Deputy Secretary of Defense or Chairman of the Joint Chiefs of 
Staff.'';
            (5) subsection (e) is amended to read as follows:
    ``(e) JSO Designation for General and Flag Positions.--The 
Secretary shall ensure that, of joint duty assignments filled by 
general or flag officers, those positions that require, or could be 
enhanced by, a joint specialty officer will be designated as requiring 
a joint specialty officer. Once a position is designated as requiring a 
joint specialty officer, a non-joint specialty officer can be assigned 
to the position under a waiver of the requirement only if deemed 
necessary by the Secretary of Defense.''; and
            (6) subsection (f) is amended to read as follows:
    ``(f) Designation of Joint Professional Military Education 
Institutions.--For purposes of this chapter, an educational institution 
may not be construed to be a joint professional military education 
institution unless it is accredited by the Chairman of the Joint Chiefs 
of Staff as such.''.

SEC. 542. PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.

    Section 662 of title 10, United States Code is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Qualifications.--(1) The Secretaries of each military 
department shall establish an internal procedure and process necessary 
to validate the qualifications of active duty list officers assigned to 
joint duty activities, as defined in section 668 of this title. Such 
internal requirements shall ensure an adequate number of senior 
colonels, or in the case of the Navy, captains, are eligible for 
promotion to brigadier general/rear admiral (lower half) to meet the 
requirements of section 619a of this title.
    ``(2) The Secretary of Defense shall ensure that the qualifications 
of officers assigned to joint duty assignments are such that officers 
who are serving in joint duty assignments are expected, as a group, to 
be promoted to the next higher grade at a rate not less than the rate 
for all officers of the same armed force in the same grade and 
competitive category.
    ``(3) The Secretary of Defense shall develop policies to ensure 
that the Secretaries of the military departments provide appropriate 
consideration to joint service officers eligible for promotion 
selection boards. Such policies shall ensure that an officer currently 
serving in a joint assignment be appointed as a member of a military 
department promotion board. Such officer shall first be approved by the 
Chairman of the Joint Chiefs of Staff. Such policies also shall ensure 
that the Chairman of the Joint Chiefs of Staff have an opportunity to 
review and comment on each promotion selection board to the Secretary 
of Defense and the Secretary of the military department concerned prior 
to action on the board by the Secretary of the military department 
concerned.''; and
            (2) in subsection (b) by striking ``, or have served in''.

SEC. 543. CHANGES TO ELIGIBILITY FOR CAPSTONE, POST-EDUCATION PLACEMENT 
              REQUIREMENTS, AND LENGTH OF ARMED FORCES STAFF COLLEGE 
              COURSES AND ARMED FORCES STAFF COLLEGE PROVISION OF 
              INSTRUCTION AT OTHER SITES AND IN OTHER DIMENSION.

    Section 663 of title 10, United States Code, is amended--
            (1) in section (a)(2)(C), by striking ``scientific and 
        technical'' and inserting ``career field specialty'';
            (2) by striking subsection (d);
            (3) by redesignating subsection (e) as subsection (d); and
            (4) by amending subsection (d), as redesignated by this 
        section--
                    (A) by striking the catchline for the subsection 
                and inserting ``Principal Courses of Instruction 
                Provided by the Armed Forces Staff College.--'';
                    (B) in paragraphs (1) and (2), by striking ``course 
                of instruction offered at the Armed Forces Staff 
                College'' each time such phrase occurs in each 
                paragraph and inserting in each instance ``course of 
                instruction provided by the Armed Forces Staff 
                College'';
                    (C) in paragraph (2), by striking ``three'' and 
                inserting ``two''; and
                    (D) by inserting before the period at the end of 
                paragraph (2) ``, whether taught at the Armed Forces 
                Staff College or taught by the Armed Forces Staff 
                College at another appropriate location''.

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

    Section 664 of title 10, United States Code is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Length of Joint Duty Assignments.--The length of a joint duty 
assignment will mirror the standard tour length the Secretary of 
Defense establishes for each installation or location at which joint 
duty assignments are authorized. Joint duty credit is awarded as 
provided by paragraph (d). Duty at a qualified joint task force 
headquarters requires one year of total service credited in the manner 
specified in paragraph (g)(4)(B).'';
            (2) in subsection (b)--
                    (A) by striking ``subsection (a) in the case of any 
                officer'' and inserting thereof: ``this section when it 
                is considered critical for military personnel 
                management''; and
                    (B) by adding at the end the following new 
                sentence: ``Such a waiver may be granted only on a 
                case-by-case basis in the case of any officer.'';
            (3) by striking subsection (c);
            (4) by amending subsection (d) to read as follows:
    ``(d) Exclusions From Tour Length.--The Secretary of a military 
department may request the joint activity to which an officer is 
assigned to curtail the officer's joint assignment. The Secretary of 
Defense may authorize such a joint service tour curtailment from the 
standards prescribed in subsection (a), provided the officer serving 
the tour has served at least 24 months in a joint position with a tour 
length of greater than 24 months.'';
            (5) by striking subsection (e);
            (6) in subsection (f)--
                    (A) by inserting ``, (c), or (e); or'' after ``that 
                meets the standards prescribed in subsection (a)''; and
                    (B) by striking paragraphs (2) through (5) and 
                inserting the following new paragraphs:
            ``(2) Accumulation of partial credit earned by service in 
        one or more joint task force headquarters as specified in 
        paragraph (a), or as prescribed by the Secretary of Defense.
            ``(3) A joint duty assignment with respect to which the 
        Secretary of Defense has granted a waiver under subsection (b), 
        but only in a case in which the Secretary determines that the 
        service completed by that officer in that duty assignment shall 
        be considered to be a full tour of duty in a joint duty 
        assignment.
            ``(4) The joint duty assignment was completed when the 
        officer was serving in a grade not less than major, or, in the 
        case of the Navy, lieutenant commander.''; and
                    (C) by redesignating paragraph (6) as paragraph 
                (5).
            (7) by amending subsection (g) to read as follows:
    ``(g) Activity of Assignment To Receive Joint Duty Credit.--
Officers must serve in a permanent position considered a joint duty 
assignment as determined by the Secretary of Defense where significant 
experience in joint matters is obtained.'';
            (8) by amending subsection (h) to read as follows:
    ``(h) Joint Full Tour Credit Requirement for Promotion to General 
or Flag Grade.--Officers must serve a full joint tour of duty under 
subsection (d) to meet the eligibility requirements set forth in 
section 619a of this title.'';
            (9) in subsection (i)--
                    (A) in paragraph (4)(E), by striking ``combat or 
                combat related'' and inserting ``as approved by the 
                Secretary of Defense''; and
                    (B) in paragraph (5), by striking ``section 
                661(d)(1), section 662(a)(3), section 662(b), 
                subsection (a) of this section, and paragraphs (7), 
                (8), (9), (11), and (12) of section 667'' and inserting 
                ``section 662 and section 667(a)(2), (4), and (7).''; 
                and
                    (C) by striking paragraph (6); and
            (10) by redesignating subsections (d) through (i) as 
        subsections (c) through (h), respectively.

SEC. 545. CHANGE TO THE JOINT STAFF ROLE IN MONITORING JOINT OFFICERS 
              TO ADD FLEXIBILITY.

    (a) In General.--Section 665 of title 10, United States Code is 
amended to read as follows:
``Sec. 665. Monitoring careers of joint officers
    ``The Secretary of Defense shall take such action as necessary to 
enhance the capabilities of the Joint Staff so that it can monitor the 
personnel issues of officers with the joint specialty officer 
designation and of other officers who serve or have served in joint 
duty assignments, as required.''; and
    (b) Conforming Amendment.--The table of sections at the beginning 
of such chapter 38 is amended by amending the item relating to section 
665 to read as follows:

``665. Monitoring careers of joint officers.''.

SEC. 546. MODIFICATIONS TO THE ANNUAL REPORT TO CONGRESS TO HIGHLIGHT 
              KEY INDICATORS OF COMPLIANCE.

    Section 667 of title 10, United States Code is amended by striking 
paragraphs (1) through (18) and inserting the following new paragraphs:
            ``(1) The number of joint specialty officers reported by 
        grade, and branch or specialty.
            ``(2) An analysis of how well the Secretary of each 
        military department is assigning personnel to joint positions.
            ``(3) The number of good of the service waivers by the 
        number of brigadier generals/rear admirals (lower half) 
selected, per year.
            ``(4) The percent of officers departed from joint duty 
        before earning full tour credit.
            ``(5) The percent of National Defense University class 
        seats filled, by course.
            ``(6) A listing of joint task force headquarters currently 
        approved for joint duty credit and their mission descriptions.
            ``(7) Promotion comparison statistics for all promotion 
        selection boards.
            ``(8) Such other significant information as determined by 
        the Secretary of Defense.''.

SEC. 547. MODIFICATIONS TO DEFINITION OF QUALIFYING JOINT SERVICE TO 
              IMPROVE MANAGEMENT OF OFFICERS IN JOINT ACTIVITIES.

    Section 668(c) of title 10, United States Code, is amended to read 
as follows:
    ``(c) Clarification of `Tour of Duty'.--For purposes of this 
chapter, a single tour of duty for the purpose of awarding joint duty 
credit is defined as one in which the officer serves consecutive tours 
in joint duty assignment positions that award joint duty credit, or 
service as otherwise prescribed by the Secretary of Defense.''.

SEC. 548. MODIFICATIONS TO WAIVERS AND EXCEPTIONS TO THE REQUIREMENT 
              FOR A JOINT DUTY ASSIGNMENT BEFORE PROMOTION TO GENERAL 
              OR FLAG GRADE TO REDUCE WAIVERS.

    Section 619a(b) is amended--
            (1) in paragraph (2) by striking ``scientific and technical 
        qualifications'' and inserting ``career field specialty 
        qualifications''; and
            (2) in paragraph (4), by striking subparagraphs (A) and (B) 
        and the dash at the end of the remaining text of the paragraph, 
        and inserting in lieu thereof a period.

                  Subtitle F--Selection Board Appeals

SEC. 551. REMEDY IN CASES INVOLVING CERTAIN SELECTION BOARDS.

    (a) Chapter 79 of title 10, United States Code, is amending by 
adding after section 1557 a new section 1558, to read as follows:
``Sec. 1558. Remedy in cases involving selection boards
    ``(a) Notwithstanding any other provision of law, the remedies 
prescribed by this section shall be the sole and exclusive remedies 
available to a person challenging for any reason the action or 
recommendation of a selection board.
    ``(b) A person challenging for any reason the action or 
recommendation of a selection board, shall not be entitled to relief in 
any judicial proceeding unless he has first been considered by a 
special board under this section, or has been denied such consideration 
by the Secretary concerned. A decision by the Secretary concerned to 
deny such consideration shall be subject to judicial review only for 
procedural error or on the basis that such decision is arbitrary, 
capricious or otherwise contrary to law. A recommendation by a special 
board or a decision resulting from such recommendation shall be subject 
to judicial review only for procedural error or on the basis that such 
decision is contrary to law.
    ``(c) If consideration by a special board results in a decision 
favorable to a person considered thereby, the Secretary concerned may 
correct such person's military records to reflect that favorable 
decision, retroactive to the effective date of the action of the 
original selection board. In effecting such correction, the Secretary 
shall ensure that a person who, as a result of consideration by a 
special board, becomes entitled to retention on or restoration to 
active duty or active status in a reserve component, shall--
            ``(1) with his consent, be retroactively and prospectively 
        restored to the same status, rights and entitlements (less 
        appropriate offsets against back pay and allowances) in his 
        armed force as he would have had if he had not been selected to 
        be separated, retired or transferred to the retired reserve or 
        to inactive status in a reserve component as a result of the 
        recommendation of the original selection board, provided that 
        nothing herein shall be construed to permit the retention of 
        such person on active duty or in an active status in a reserve 
        component beyond the date on which he would have been 
        separated, retired or transferred to the retired reserve or to 
        inactive status in a reserve component if he had not been 
        selected to be separated, retired or transferred to the retired 
        reserve or to inactive status in a reserve component as a 
        result of the recommendation of the original selection board; 
        or
            ``(2) if he does not consent to such restoration, receive 
        back pay and allowances (less appropriate offsets) and service 
        credit from the date of his separation, retirement or transfer 
        to the retired reserve or to inactive status in a reserve 
        component until the earlier of (A) the date he would have been 
        restored under clause (1) of this subsection, as determined by 
        the Secretary concerned, or (B) the date on which he would have 
        been separated, retired or transferred to the retired reserve 
        or to inactive status in a reserve component if he had not been 
        selected to be separated, retired or transferred to the retired 
        reserve or to inactive status in a reserve component as a 
        result of the recommendation of the original selection board.
    ``(d) If consideration by a special board results in a decision 
unfavorable to a person considered thereby, such decision shall be 
deemed to confirm the action of the original selection board with 
respect to that person, retroactive to the effective date of such 
action of the original selection board.
    ``(e) The Secretary concerned may prescribe regulations to 
implement this section. Such regulations may prescribe the 
circumstances under which the consideration may be provided under this 
section, including the circumstances under which such consideration is 
contingent upon application for such consideration, and time limits 
within which a person must make such application in order to receive 
such consideration. Such regulations issued by the Secretary of a 
Military Department must be approved by the Secretary of Defense.
    ``(f) Inapplicability to the Coast Guard.--This section does not 
apply to the Coast Guard when it is not operating as a service in the 
Department of the Navy.
    ``(g) Definitions.--As used in this section:
            ``(1) `Special board' means a board convened by the 
        Secretary concerned under any authority to consider whether to 
        recommend a person for appointment, enlistment, reenlistment, 
        assignment, promotion, retention, separation, retirement or 
        transfer to inactive status in a reserve component, in place of 
        consideration by a prior selection board which considered or 
        should have considered that person, but does not include a 
        promotion special selection board convened under section 628 or 
        14502 of this title. A board for correction of military or 
        naval records convened under section 1552 of this title is a 
        special board if so designated by the Secretary concerned.
            ``(2) `Selection board' means a selection board convened 
        under section 573, 580, 580a, 581, 611, 637, 638, 638a, 14101, 
        14701, 14704, or 14705 of this title, and any other board 
        (except a special board or a board convened under section 1552 
        of this title) convened by the Secretary concerned under any 
        authority to recommend persons for appointment, enlistment, 
        reenlistment, assignment, promotion or retention in the armed 
        forces; or for separation, retirement or transfer to inactive 
        status in a reserve component for the purpose of reducing the 
        number of persons serving in the armed forces. However, for the 
        purposes of this section, `selection board' does not include a 
        promotion selection board convened under sections 573(a), 
        611(a), or 14101(a) of this title.
            ``(3) `Secretary concerned' means the Secretary of a 
        military department. It does not include the Secretary of 
        Transportation.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding after the item related to section 1557 the following 
new item:

``1558. Remedy in cases involving certain selection boards.''.

SEC. 552. SPECIAL SELECTION BOARDS.

    (a) Section 628 of title 10, United States Code, is amended by 
adding at the end the following new subsections:
    ``(h) Limitations of Other Jurisdiction.--No official or court of 
the United States shall have power or jurisdiction--
            ``(1) over any claim based in any way on the failure of an 
        officer or former officer of the armed forces to be selected 
        for promotion by a selection board convened under chapter 33A 
or 36 of this title until--
                    ``(A) the claim has been referred to a special 
                selection board by the Secretary concerned and acted 
                upon by that board; or
                    ``(B) the claim has been rejected by the Secretary 
                without consideration by a special selection board; or
            ``(2) to grant any relief on such a claim unless the 
        officer or former officer has been selected for promotion by a 
        special selection board convened under this section to consider 
        the officer's claim.
    ``(i) Judicial Review.--(1) A court of the United States may review 
a determination by the Secretary concerned under subsection (a)(1) or 
(b)(1) not to convene a special selection board. If a court finds the 
determination to be arbitrary or capricious, not based on substantial 
evidence, or otherwise contrary to law, it shall remand the case to the 
Secretary concerned, who shall provide for consideration of the officer 
or former officer by a special selection board under this section.
    ``(2) If a court finds that the action of a special selection board 
which considers an officer or former officer was contrary to law or 
involved material error of fact or material administrative error, it 
shall remand the case to the Secretary concerned, who shall provide the 
officer or former officer reconsideration by a new special selection 
board.''.

SEC. 553. EXISTING JURISDICTION.

    (a) Nothing in this Act shall limit the existing jurisdiction of 
any federal court to determine the validity of any statute, regulation, 
or policy relating to selection boards, provided that, in the event any 
such statute, regulation or policy is found to be invalid, the remedies 
prescribed in this Act shall be the sole and exclusive remedies 
available to any person challenging the recommendation of a selection 
board on the basis of such invalidity.
    (b) Nothing in this Act shall limit the existing authority of the 
Secretary of a military department (or with respect to the Coast Guard, 
the Secretary of Transportation) to correct any military record of the 
Secretary's department under section 1552 of title 10, United States 
Code.

SEC. 554. EFFECTIVE DATE.

    The amendments made by sections 551 and 552 of this Act are 
retroactive without limitation and shall be construed to apply to any 
proceeding pending on the date of enactment of this Act, or hereafter 
brought, in any court.

                       Subtitle G--Other Matters

SEC. 561. EXEMPTION OF RETIREE COUNCIL MEMBERS FROM RECALLED RETIREE 
              LIMITS.

    Section 690(b)(2) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
                    ``(D) Any officer assigned to duty as a member of 
                the Army, Navy, or Air Force Retiree Council for the 
                period of active duty to which ordered.''.

SEC. 562. TENURE REQUIREMENT FOR CRITICAL ACQUISITION POSITIONS.

    Section 1734(a) of title 10, United States Code, is amended--
            (1) in paragraph (1), by striking ``critical acquisition 
        position'' and inserting in lieu thereof ``program manager or 
        deputy program manager position for a significant nonmajor 
        defense acquisition program, program executive officer 
        position, general or flag officer position or civilian position 
        equivalent thereto, or senior contracting official position''; 
        and
            (2) in paragraph (2), by striking ``critical acquisition 
        position'' and inserting in lieu thereof ``program manager or 
        deputy program manager position for a significant nonmajor 
        defense acquisition program, program executive officer 
        position, general or flag officer position or civilian position 
        equivalent thereto, or senior contracting official position''.

             TITLE VI--COMPENSATION AND PERSONNEL BENEFITS

           Subtitle A--Bonuses and Special and Incentive Pays

Sec. 601. Aviation Career Incentive Pay--Authorize Secretaries to 
                            Delegate Authority to Waive Operational 
                            Flying Duty Requirements.
Sec. 602. Improved Consistency of Special Pay for Reserve Medical and 
                            Dental Officers.
Sec. 603. Funeral Honors Duty Compensation.
Sec. 604. Extension of Authorities Relating to Payment of Other Bonuses 
                            and Special Pays.
Sec. 605. Extension of Certain Bonuses and Special Pay Authorities for 
                            Reserve Forces.
Sec. 606. Extension of Certain Bonuses and Special Pay Authorities for 
                            Nurse Officer Candidates, Registered 
                            Nurses, and Nurse Anesthetists.
Sec. 607. Special Pay for Physician Assistants.
            Subtitle B--Travel and Transportation Allowances

Sec. 611. Revision to the Travel Management Allowance for Temporary 
                            Lodging Expenses.
Sec. 612. Changes in the Administration of Baggage and Household Goods 
                            Moves Payment for Savings in Shipping Less 
                            Than Authorized Weights.
Sec. 613. Advance Payment of Temporary Lodging Allowance.
Sec. 614. Changes in the Administration of Motor Vehicle Transportation 
                            or Storage.
 Subtitle C--Servicemembers' Group Life Insurance and Survivor Benefit 
                                  Plan

Sec. 621. Eligibility of Certain Members of the Individual Ready 
                            Reserve for Servicemembers' Group Life 
                            Insurance.
                       Subtitle D--Other Matters

Sec. 631. Eligibility for Presidential Appointment to a Service Academy 
                            for Children of Reserve Personnel.
Sec. 632. Personal Money Allowance for Senior Enlisted Members.
Sec. 633. Increase in Uniform Allowance for Officers.
Sec. 634. Revision of Authority to Prescribe the Quantity and Kind of 
                            Clothing to be Furnished Annually to 
                            Enlisted Members (or Allowance in lieu 
                            Thereof).

           Subtitle A--Bonuses and Special and Incentive Pays

SEC. 601. AVIATION CAREER INCENTIVE PAY; DELEGATION OF AUTHORITY TO 
              WAIVE OPERATIONAL FLYING DUTY REQUIREMENTS.

    Section 301a(a)(5) of title 37, United States Code, is amended by 
striking the third sentence and inserting ``The Secretary concerned may 
delegate the authority in the preceding sentence, but not below the 
Service Personnel Chief, to permit the payment of incentive pay under 
this paragraph.''.

SEC. 602. IMPROVED CONSISTENCY OF SPECIAL PAY FOR RESERVE MEDICAL AND 
              DENTAL OFFICERS.

    (a) Reserve Medical Officers Special Pay Amendment.--Section 
302(h)(1) of title 37, United States Code, is amended by adding at the 
end: ``, including active duty in the form of annual training, active 
duty for training, and active duty for special work''.
    (b) Reserve Dental Officers Special Pay Amendment.--Section 302f(d) 
of title 37, United States Code, is amended to read as follows:
    ``(d) Special Rule for Reserve Medical and Dental Officers.--While 
a reserve medical or dental officer receives a special pay under 
section 302 or 302b (whichever applies) of this title by reason of 
subsection (a), the officer shall not be entitled to special pay under 
subsection (h) of such section 302 or 302b.''.

SEC. 603. FUNERAL HONORS DUTY COMPENSATION.

    (a) Compensation of Members of the National Guard for Funeral 
Honors Duty.--Section 115(b)(2) of title 32, United States Code, is 
amended by adding before the period at the end: ``or compensation at 
the rate prescribed in section 206 of title 37''.
    (b) Compensation of Members of a Reserve Component Guard for 
Funeral Honors Duty.--Section 12503(b)(2) of title 10, United States 
Code, is amended by adding before the period at the end; ``or 
compensation at the rate prescribed in section 206 of title 37''.
    (c) Conforming Amendment.--Subsection 435(c) of title 37 is 
repealed.

SEC. 604. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES 
              AND SPECIAL PAYS.

    (a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37, 
United States Code, is amended by striking ``December 31, 2000'' and 
inserting ``September 30, 2002''.
    (b) Reenlistment Bonus for Active Members.--Section 308(g) of title 
37, United States Code, is amended by striking ``December 31, 2000'' 
and inserting ``September 30, 2002''.
    (c) Enlistment Bonuses for Members With Critical Skills.--Section 
308a(d) of title 37, United States Code, is amended by striking 
``December 31, 2000'' and inserting ``September 30, 2002''.
    (d) Army Enlistment Bonus.--Section 308f(c) of title 37, United 
States Code, is amended by striking ``December 31, 2000'' and inserting 
``September 30, 2002''.

SEC. 605. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR 
              RESERVE FORCES.

    (a) Special Pay for Health Professionals in Critically Short 
Wartime Specialties.--Section 302g(f) of title 37, United States Code, 
is amended by striking ``December 31, 2000'' and inserting ``September 
30, 2002''.
    (b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title 
37, United States Code, is amended by striking ``December 31, 2000'' 
and inserting ``September 30, 2002''.
    (c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title 
37, United States Code, is amended by striking ``December 31, 2000'' 
and inserting ``September 30, 2002''.
    (d) Special Pay for Enlisted Members Assigned to Certain High 
Priority Units.--Section 308d(c) of title 37, United States Code is 
amended by striking ``December 31, 2000'' and inserting ``September 30, 
2002''.
    (e) Selected Reserve Affiliation Bonus.--Section 308e(e) of title 
37, United States Code is amended by striking ``December 31, 2000'' and 
inserting ``September 30, 2002''.
    (f) Ready Reserve Enlistment and Reenlistment Bonus.--Section 
308h(g) of title 37, United States Code is amended by striking 
``December 31, 2000'' and inserting ``September 30, 2002''.
    (g) Prior Service Enlistment Bonus.--Section 308i(f) of title 37, 
United States Code is amended by striking ``December 31, 2000'' and 
inserting ``September 30, 2002''.
    (h) Repayment of Education Loans for Certain Health Professionals 
Who Serve in the Selected Reserves.--Section 16302(d) of title 10, 
United States Code, is amended by striking ``January 1, 2001'' and 
inserting ``January 1, 2002''.

SEC. 606. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR 
              NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE 
              ANESTHETISTS.

    (a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) 
of title 10, United States Code, is amended by striking ``December 31, 
2000'' and inserting ``September 30, 2002''.
    (b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of 
title 37, United States Code, is amended by striking ``December 31, 
2000'' and inserting ``September 30, 2002''.
    (c) Incentive Special Pay for Nurse Anesthetists.--Section 
302e(a)(1) of title 37, United States Code, is amended by striking 
``December 31, 2000'' and inserting ``September 30, 2002''.

SEC. 607. SPECIAL PAY FOR PHYSICIAN ASSISTANTS.

    Section 302c(d)(1) of title 37, United States Code, is amended by 
inserting ``an officer in the Coast Guard or Coast Guard Reserve 
designated as a physician assistant,'' after ``nurse''.

            Subtitle B--Travel and Transportation Allowances

SEC. 611. REVISION TO THE TRAVEL MANAGEMENT ALLOWANCE FOR TEMPORARY 
              LODGING EXPENSES.

    Section 404a(a) of title 37, United States Code, is amended--
            (1) in the first sentence, by striking ``actually 
        incurred''; and
            (2) by adding at the end the following new sentences: 
        ``Allowances and entitlements authorized under this section may 
        be paid in advance. When paid in advance, such payments may be 
        based on an average number of days specified by the Service 
        Secretaries.''.

SEC. 612. CHANGES IN THE ADMINISTRATION OF BAGGAGE AND HOUSEHOLD GOODS 
              MOVES PAYMENT FOR SAVINGS IN SHIPPING LESS THAN 
              AUTHORIZED WEIGHTS.

    Section 406(b)(1) of title 37, United States Code, is amended by 
adding at the end the following new subparagraph:
                    ``(F) A member entitled to transportation of 
                baggage and household effects under subparagraph (A) 
                may be paid an amount that represents a prorated share 
                of savings achieved by such member's shipping/storage 
                weight for baggage and household effects being less 
                than the established average for the member's category 
                as described in subparagraph (C). Established averages 
                for the categories designated in subparagraph (C) and 
                the prorated shares of savings that are related to 
                shipping/or storing less than such established averages 
                shall be determined annually through averages arrived 
                at through the Personal Property Shipping Program.''.

SEC. 613. ADVANCE PAYMENT OF TEMPORARY LODGING ALLOWANCE.

    Section 405(a) of title 37, United States Code, is amended by 
striking ``the Secretaries concerned may authorize the payment of a per 
diem, considering'' and inserting ``the Secretary concerned may pay a 
per diem in advance and, if such payment is authorized, shall 
consider''.

SEC. 614. CHANGES IN THE ADMINISTRATION OF MOTOR VEHICLE TRANSPORTATION 
              OR STORAGE.

    Section 2634 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting the designator ``(1)'' after the 
                subsection designator at the beginning of the 
                subsection;
                    (B) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) A member of an armed force authorized the 
        transportation of a motor vehicle under paragraph (1) may be 
        paid an amount that represents a prorated share, as determined 
        annually by the Secretary of Defense, of savings achieved by 
        the member not sending the vehicle to the new duty station. 
        Such payment may be made in advance of the member's change of 
        permanent station.'';
            (2) in subsection (b)--
                    (A) by redesignating paragraph (3) as paragraph 
                (4), and
                    (B) by inserting after paragraph (2) the following 
                new paragraph (3):
            ``(3) In lieu of transportation authorized by this section, 
        if a member is ordered to make a permanent change of station to 
        an area where command-sponsored dependents are not authorized, 
        the member may elect to have a motor vehicle as described in 
        subsection (a) stored at a location approved by the Secretary 
        concerned. The Secretary concerned may pay for the costs of 
        such storage that do not exceed the cost of shipping the 
        vehicle to and from the member's new duty station. The member 
        must pay any storage costs exceeding that amount.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) A member of an armed force authorized the storage of 
        a motor vehicle at the expense of the United States under this 
        subsection may be paid an amount that represents a prorated 
        share, as determined annually by the Secretary of Defense, of 
        savings achieved by the member not storing the vehicle. Such 
        payment may be made in advance of the member's change of 
        permanent station.''.

Subtitle D--Servicemembers' Group Life Insurance and Survivors Benefit 
                                  Plan

SEC. 621. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL READY 
              RESERVE FOR SERVICEMEMBERS' GROUP LIFE INSURANCE.

    Section 1965(5) of title 38, United States Code, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D);
            (2) by striking ``and'' at the end of subparagraph (B); and
            (3) by inserting the following new subparagraph after 
        subparagraph (B):
                    ``(C) a person who volunteers for assignment to a 
                category in the Individual Ready Reserve of a uniformed 
                service that is subject to an involuntary call to 
                active duty under section 12304 of title 10, United 
                States Code; and''.

                       Subtitle E--Other Matters

SEC. 631. ELIGIBILITY FOR PRESIDENTIAL APPOINTMENT TO A SERVICE ACADEMY 
              FOR CHILDREN OF RESERVE PERSONNEL.

    (a) Army.--Paragraph (1) of section 4342(b) of title 10, United 
States Code, is amended--
            (1) in subparagraph (B), by striking ``, other than those 
        granted retired pay under section 12731 of this title (or under 
        section 1331 of this title as in effect before the effective 
        date of the Reserve Officer Personnel Management Act)''; and
            (2) by adding at the end the following new subparagraphs 
        (C) and (D):
                    ``(C) are serving as a member of a reserve 
                component and have earned at least 2,880 retirement 
                points credited for purposes of section 12733 of this 
                title; or
                    ``(D) are, or who died while they were, eligible 
                for retired pay under chapter 1223 of this title, but 
                had not yet reached age 60;''.
    (b) Navy.--Paragraph (1) of section 6954(b) of title 10, United 
States Code, is amended--
            (1) in subparagraph (B), by striking ``, other than those 
        granted retired pay under section 12731 of this title (or under 
        section 1331 of this title as in effect before the effective 
        date of the Reserve Officer Personnel Management Act)''; and
            (2) by adding at the end the following new subparagraphs 
        (C) and (D):
                    ``(C) are serving as a member of a reserve 
                component and who have earned at least 2,880 retirement 
                points countable for purposes of section 12733 of this 
                title; or
                    ``(D) are, or who died while they were, eligible 
                for retired pay under chapter 1223 of this title, but 
                had not yet reached age 60;''.
    (c) Air Force.--Paragraph (1) of section 9342(b) of title 10, 
United States Code, is amended--
            (1) in subparagraph (B), by striking ``, other than those 
        granted retired pay under section 12731 of this title (or under 
        section 1331 of this title as in effect before the effective 
        date of the Reserve Officer Personnel Management Act)''; and
            (2) by adding at the end the following new subparagraphs 
        (C) and (D):
                    ``(C) are serving as a member of a reserve 
                component and who have earned at least 2,880 retirement 
                points countable for purposes of section 12733 of this 
                title; or
                    ``(D) are, or who died while they were, eligible 
                for retired pay under chapter 1223 of this title, but 
                had not yet reached age 60;''.

SEC. 632. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED MEMBERS.

    Section 414(a) of title 37, United States Code, is amended--
            (1) by redesignating clauses (3), (4), and (5) as clauses 
        (4), (5), and (6), respectively; and
            (2) by inserting after clause (2) the following:
            ``(3) $2,000 a year, while serving as the senior enlisted 
        member of one of the armed forces;''.

SEC. 633. INCREASE IN UNIFORM ALLOWANCE FOR OFFICERS.

    (a) Officers; Initial Allowance.--Section 415(a) of title 37, 
United States Code, is amended by deleting ``$200'' and inserting 
``$400''.
    (b) Officers; Additional Allowance.--Section 416(a) of title 37, 
United States Code, is amended by deleting ``$100'' and inserting 
``$200''.

SEC. 634. REVISION OF AUTHORITY TO PRESCRIBE THE QUANTITY AND KIND OF 
              CLOTHING TO BE FURNISHED ANNUALLY TO ENLISTED MEMBERS (OR 
              ALLOWANCE IN LIEU THEREOF).

    Section 418 of title 37, United States Code, is amended--
            (1) in subsection (a), by striking ``The President'' and 
        inserting ``The Secretary of Defense and the Secretary of 
        Transportation, with respect to the Coast Guard when it is not 
        operating as a service in the Navy,''; and
            (2) in subsection (b), by striking ``the President'' and 
        inserting ``the Secretary of Defense''.

                   TITLE VII--HEALTH CARE PROVISIONS

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

SEC. 701. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS.

    (a) In General.--Chapter 55, title 10, United States Code, is 
amended by inserting after section 1074g the following new section:
``Sec. 1074h. Medical and dental care: Medal of Honor recipients
    ``A person awarded a Medal of Honor pursuant to sections 3741, 
6241, 8741 of this title, or pursuant to section 491 of title 14, is 
entitled to the medical and dental benefits authorized by this chapter 
in the same manner as if such person were a person described in section 
1074(b) of this title. The spouse, unremarried widow, unremarried 
widower, and child (as such terms are defined in sections 1072(2)(A), 
(B), (C), and (D), respectively, of this title) of such person are 
entitled to such medical and dental benefits as are authorized by this 
chapter for a person described in section 1076(b) of this title.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 1074g the following new item:

``1074h. Medical and dental care: Medal of Honor recipients.''.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

Subtitle A--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

Sec. 801. Multiyear Contract: Acquisition of Property.
Sec. 802. Elimination of the Requirement to Furnish Written Assurances 
                            of Technical Data Conformity.
Sec. 803. Elimination of Subcontract Notification Requirements.
Sec. 804. Certainty in Application of Cost Principles.
Sec. 805. Authorization for Contractor Participation in Testing Defense 
                            Acquisition Programs.
Sec. 806. Department of Defense Acquisition Pilot Programs Authority 
                            Extension.
Sec. 807. Electronic Access to Business Opportunities.
Sec. 808. Use of Indefinite Delivery Contracts.
                       Subtitle B--Other Matters

Sec. 811. Price Preference Adjustments in Selected Industry Categories.
Sec. 812. Revision to Definition of Conventional Ammunition for Single 
                            Manager Procurement.
Sec. 813. Extension of Joint Direct Attack Munition Pilot Program 
                            Authority.
Sec. 814. Technical Data Rights for Items Developed Exclusively at 
                            Private Expense.
Sec. 815. Waiver of Live-Fire Survivability Testing MH-47E/MH-60K 
                            Helicopter Modification Programs.
Sec. 816. Repeal of Certification of Funding for Support Costs in the 
                            Five Year Defense Program.

Subtitle A--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

SEC. 801. MULTIYEAR CONTRACT: ACQUISITION OF PROPERTY.

    Section 2306b(l)(4) of title 10, United States Code, is amended by 
inserting ``that is subject to paragraph (3)'' after ``The head of an 
agency may not enter into a multiyear contract (or extend an existing 
multiyear contract)''.

SEC. 802. ELIMINATION OF THE REQUIREMENT TO FURNISH WRITTEN ASSURANCES 
              OF TECHNICAL DATA CONFORMITY.

    Section 2320(b) of title 10, United States Code, is amended--
            (1) by striking paragraph (b)(7); and
            (2) by re-designating paragraphs (b)(8) and (b)(9) as 
        (b)(7) and (b)(8), respectively.

SEC. 803. ELIMINATION OF SUBCONTRACT NOTIFICATION REQUIREMENTS.

    Section 2306(e) of title 10, United States Code is amended to read 
as follows:
    ``(e) Except for contracts with a contractor that maintains a 
purchasing system that has been approved by the cognizant contracting 
officer, each cost contract and each cost-plus-a-fixed-fee contract 
shall include a contract provision that requires the contractor to 
notify the agency, prior to the award under a prime contract, of--
            ``(1) a cost-plus-a-fixed-fee subcontract; or
            ``(2) a fixed-price subcontract or purchase order involving 
        more than the greater of--
                    ``(A) the simplified acquisition threshold; or
                    ``(B) five percent of the estimated cost of the 
                prime contract.''.

SEC. 804. CERTAINTY IN APPLICATION OF COST PRINCIPLES.

    Section 2324(l)(1)(A) is amended--
            (1) by inserting after ``cost incentives'' the following: 
        ``(including fixed price modifications thereto without cost 
        incentives)''; and
            (2) by inserting before the period at the end of the 
        subsection ``(including commercial items fixed price 
        modifications thereto without cost incentives)''.

SEC. 805. AUTHORIZATION FOR CONTRACTOR PARTICIPATION IN TESTING DEFENSE 
              ACQUISITION PROGRAMS.

    Section 2399 of title 10, United States Code, is amended--
            (1) by amending paragraph (a)(1) to read as follows:
            ``(1) The Secretary of Defense shall provide that a major 
        system may not proceed beyond low-rate initial production until 
        initial operational test and evaluation of the system is 
        complete.'';
            (2) in paragraph (a)(2), by striking ``defense acquisition 
        program'' and inserting in lieu thereof ``system'';
            (3) in subsection (d)--
                    (A) by inserting ``(1)'' at the beginning of the 
                first sentence;
                    (B) by striking ``defense acquisition program'' and 
                inserting in lieu thereof ``system'';
                    (C) by making the second sentence a paragraph and 
                inserting ``(2)'' at the beginning of such new 
                paragraph;
                    (D) in the newly designated paragraph (2), by 
                striking ``the preceding sentence'' and inserting in 
                lieu thereof ``paragraph (1)'', and
                    (E) by adding at the end the following new 
                paragraphs (3) and (4):
            ``(3) The limitation in paragraph (1) does not apply to the 
        extent that the Secretary of Defense has authorized, as 
        prescribed in regulation, involvement by persons employed by 
        that contractor in the analytic and logistic support for the 
        operational test and evaluation.
            ``(4) Exceptions authorized under paragraphs (2) and (3) 
        shall require steps to ensure the impartiality of such 
        employees and the integrity of the testing and evaluation. In 
        any case in which the Secretary authorizes involvement by such 
        employees under the subsection, the Secretary shall include in 
        the test and evaluation master plan for the program concerned 
        and the operational test and evaluation plan the following:
                    ``(A) An identification of the specific involvement 
                of such employees in the operational test and 
                evaluation.
                    ``(B) The steps taken to ensure the impartiality of 
                such employees or to ensure that such employees could 
                not affect the integrity of the test and evaluation.'';
            (4) in subsection (e)--
                    (A) by striking ``development, production, or 
                testing'' and inserting in lieu thereof ``development 
                or production''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) A contractor that has participated in (or is 
        participating in) the development or production of a system for 
        a military department or Defense Agency (or for another 
        contractor of the Department of Defense) may not be involved 
        (in any way) in the establishment of operational test 
        evaluation criteria:
                    ``(A) for data collection;
                    ``(B) for performance assessment; or
                    ``(C) for evaluation activities.''.

SEC. 806. DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS AUTHORITY 
              EXTENSION.

    Notwithstanding section 5064(d) of the Federal Acquisition 
Streamlining Act of 1994 (Public Law 103-355; 108 Stat. 3361), the 
special authorities provided under section 5064(c) of such Act shall 
continue to apply with respect to programs designated under section 
5064(a) of such Act through the end of production of such programs.

SEC. 807. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

    (a) Small Business Act.--Section 8 of the Small Business Act (15 
U.S.C. 637) is amended--
            (1) in subsection (e) by adding at the end the following 
        new paragraph:
            ``(4) Whenever a notice required by paragraph (1)(A) is 
        accessible electronically through the single Government-wide 
        point of entry (designated in the Federal Acquisition 
        Regulation) as provided for in subsection (h) of this section, 
        the wait period set forth in paragraph (3)(A) shall be reduced 
        by 5 days. If the solicitation applying to that notice also is 
        accessible electronically through the single Government-wide 
        point of entry as provided for in subsection (h), either 
        simultaneously with or subsequent to the notice, the wait 
        period in paragraph (3)(A) shall not apply and the period 
        specified in paragraph (3)(B) for submission for bids or 
        proposals shall begin to run from the date the solicitation 
        becomes accessible electronically.'';
            (2) by redesignating subsections (h), (i), (j), and (k) as 
        subsections (i), (j), (k), and (l), respectively; and
            (3) by inserting after subsection (g), the following new 
        subsection (h):
    ``(h) Providing widespread electronic public notice of the 
solicitation in a form that allows convenient and universal user access 
through the single Government-wide point of entry (designated in the 
Federal Acquisition Regulation) will satisfy the publication 
requirements of this section.''.
    (b) Office of Federal Procurement Policy Act.--(1) Section 18 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 416) is 
amended--
            (A) in subsection (a)--
                    (i) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (5), (6), and (7), respectively; and
                    (ii) by inserting after paragraph (3) the following 
                new paragraph (4):
            ``(4) Whenever a notice required by paragraph (1)(A) is 
        accessible electronically through the single Government-wide 
        point of entry (designated in the Federal Acquisition 
        Regulation) as provided for in subsection (e) of this section, 
        the wait period set forth in paragraph (3)(A) shall be reduced 
        by 5 days. If the solicitation applying to that notice also is 
        accessible electronically through the single Government-wide 
        point of entry as provided for in subsection (e), either 
        simultaneously with or subsequent to the notice, the wait 
        period in paragraph (3)(A) shall not apply and the period 
        specified in paragraph (3)(B) for submission of bids or 
        proposals shall begin to run from the date the solicitation 
        becomes accessible electronically.''; and
            (B) by adding at the end the following new subsection:
    ``(e) Providing widespread electronic public notice of the 
solicitation in a form that allows convenient and universal user access 
through the single Government-wide point of entry (designated in the 
Federal Acquisition Regulation) will satisfy the publication 
requirements of this section.``; and
    (2) Section 30 of the Office of Federal Procurement Policy Act (41 
U.S.C. 426) is amended in subsection (e)--
            (A) by striking in the first sentence the words ``and every 
        year afterward through 2003'' and inserting in lieu thereof 
        ``and every even numbered year afterward through 2004''; and
            (B) by striking in paragraph (4) the words ``during the 
        previous calendar year'' and inserting in lieu thereof ``during 
        the previous two fiscal years''.
    (c) Implementation.--This section shall not apply to the extent the 
President determines it is inconsistent with any international 
agreement to which the United States is a party.

SEC. 808. USE OF INDEFINITE-DELIVERY CONTRACTS.

    (a) In General.--Chapter 141 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2410q. Use of indefinite-delivery contracts
    ``(a) Indefinite Delivery Contracts.--The Secretary of Defense may 
authorize orders to be made, either directly or through the contracting 
officer, from Department of Defense indefinite-delivery contracts, 
established in support of either the military services or Department of 
Defense activities, for gloves, boots, humanitarian and operational 
rations, and toxicological agent protection clothing, including 
chemical protective gloves by any of the following entities upon 
request--
            ``(1) a State or United States territory, any department or 
        agency of a State or territory, and any political subdivision 
        of a State or territory, including a local government;
            ``(2) the Commonwealth of Puerto Rico;
            ``(3) the government of an Indian tribe (as defined in 
        section 450b(e) of title 25);
            ``(4) the District of Columbia; and
            ``(5) qualified, non-profit agencies for the blind and 
        severely handicapped under the Javits-Wagner-O'Day Act (41 
        U.S.C. 46 et seq.).
    ``(b) Existing Stock or Inventory.--Paragraph (a) shall not be 
construed to authorize an entity referred to in that paragraph to order 
existing stock or inventory from Department of Defense owned and 
operated, or Department of Defense owned and contractor operated, 
supply depots, warehouses, or similar facilities.
    ``(c) Reimbursement.--In any case in which an entity listed in 
paragraph (a) makes an order against a Department of Defense 
indefinite-delivery contract, the Secretary of Defense may require the 
entity to reimburse the Department of Defense for any administrative 
costs associated with making an order.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 141 of title 10, United States Code, is amended by adding at 
the end the following new item:

``2410q. Use of indefinite-delivery contracts.''.

                       Subtitle B--Other Matters

SEC. 811. PRICE PREFERENCE ADJUSTMENTS IN SELECTED INDUSTRY CATEGORIES.

    Section 2323(e)(3)(B) of title 10, United States Code, is amended 
by redesignating clause ``(iii)'' as clause ``(iv)'' and by inserting 
after clause (ii) the following new clause (iii):
                            ``(iii) No suspension shall be issued in an 
                        industry category under this paragraph if the 
                        President, or his designee, determines in 
                        writing that contracts for a price exceeding 
                        fair market cost are necessary to remedy 
                        demonstrated discrimination in such industry 
                        category. Any such determination shall be 
                        published in the Federal Register not less than 
                        60 days before becoming effective. Any person 
                        or entity adversely affected by the application 
                        of such designation may seek judicial review in 
                        the appropriate United States District 
                        Court.''.

SEC. 812. REVISION TO DEFINITION OF CONVENTIONAL AMMUNITION FOR SINGLE 
              MANAGER PROCUREMENT.

    Section 806(c) of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 is amended to read as follows:
    ``(c) Conventional Ammunition Defined.--For purposes of this 
section, the term `conventional ammunition' is that ammunition managed 
by the Department's Single Manager for Conventional Ammunition, 
including:
            (1) Small arms, mortar, automatic cannon, artillery, and 
        ship gun ammunition.
            (2) Bombs (cluster, fuel air explosive, general purpose, 
        and incendiary).
            (3) Unguided rockets, projectiles, and submunitions.
            (4) Chemical ammunition with various fillers (incendiary, 
        not control, smoke, toxic agents, burster igniters, peptizers, 
        and thickeners for flame fuel).
            (5) Land mines (ground-to-ground and air-to-ground 
        delivered).
            (6) Demolition materiel.
            (7) Grenades.
            (8) Flares and pyrotechnics.
            (9) All components of items included in paragraphs (1) 
        through (8), above, such as explosives, propellants, chemical 
        agents, cartridges, propelling charges, projectiles, warheads 
        (with various fillers such as high explosive, illuminating, 
        incendiary, antimateriel, and antipersonnel), fuzes, boosters, 
        and safe and arm devices in bulk, combination, or separately 
        packaged items of issue for complete round assembly.
            (10) Related ammunition containers and packing items of 
        issue for complete round assembly.''.

SEC. 813. EXTENSION OF JOINT DIRECT ATTACK MUNITION PILOT PROGRAM 
              AUTHORITY.

    Notwithstanding section 5064(d) of the Federal Acquisition 
Streamlining Act of 1994 (Public Law 103-355; 108 Stat. 3361), the 
special authorities provided under section 5064(c) of such Act shall 
apply with respect to all contracts awarded or modifications executed 
for the Joint Direct Attack Munition program from the full-rate 
production decision through the end of production of such program; 
provided, that the Secretary of Defense may award Joint Direct Attack 
Munition contracts and modifications on the same terms and conditions 
as contained in the Joint Direct Attack Munition Contract F08626-94-C-
0003.

SEC. 814. TECHNICAL DATA RIGHTS FOR ITEMS DEVELOPED EXCLUSIVELY AT 
              PRIVATE EXPENSE.

    Section 2320(a)(2) of title 10, United States Code, is amended--
            (1) in subparagraph (C), by striking ``(iii) is necessary 
        for operation, maintenance, installation, or training (other 
        than detailed manufacturing or process data); or'' and 
        inserting ``(iii) is necessary for normal operation, 
        maintenance, or installation (other than detailed manufacturing 
        or process data) when such services are to be provided by other 
        than the contractor or its subcontractor, in such cases, the 
        provision of the rights involved shall be subject to 
        negotiations between the government and the contractor(s) 
        involved;'';
            (2) by striking ``or'' at the end of clause (C)(iii);
            (3) by redesignating clause (C)(iv) as (C)(v);
            (4) by inserting after clause (C)(iii) the following new 
        clause (C)(iv):
                            ``(iv) is necessary for critical operation, 
                        maintenance, or installation of deployed 
                        equipment, when such services are to be 
                        provided by other than the contractor or its 
                        subcontractor; or''; and
            (5) in clause (F)(i)--
                    (A) in subclause (I), by striking ``(C)'' and 
                inserting ``(C)(i), (C)(ii), (C)(iv), or (C)(v)''; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(III) under the conditions 
                                described in subparagraph 
                                (a)(2)(C)(iii), reaching agreement in 
                                negotiations concerning provision of 
                                the rights involved may not be required 
                                as a condition of being responsive to a 
                                solicitation, but may be a condition 
                                for the award of a contract; or''.

SEC. 815. WAIVER OF LIVE-FIRE SURVIVABILITY TESTING MH-47E/MH-60K 
              HELICOPTER MODIFICATION PROGRAMS.

    (a) Waiver.--Notwithstanding the requirement of section 2366(c)(1) 
of title 10, United States Code, that any waiver by the Secretary of 
Defense of the application of the survivability tests to a covered 
system occur before the system or program enters engineering and 
manufacturing development, and notwithstanding the requirements of 
section 142 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2338) that operational test and 
evaluation and survivability testing of the MH-47E helicopters and MH-
60K helicopters be completed prior to full materiel release of the 
helicopters for operational use, the Secretary may waive the 
application of the survivability tests to the MH-47E and MH-60K 
helicopter modification programs before full materiel release of the 
MH-47E and MH-60K helicopters for operational use.
    (b) Report.--Except as provided in subsection (a) above, any waiver 
by the Secretary of Defense of the application of the survivability 
tests to the MH-47E and MH-60K helicopters shall comply with all other 
requirements of subsection (c) of section 2366 of title 10, United 
States Code.

SEC. 816. REPEAL OF CERTIFICATION OF FUNDING FOR SUPPORT COSTS IN THE 
              FIVE YEAR DEFENSE PROGRAM.

    Section 2306b(i)(1) of title 10, United States Code, is amended--
            (1) by striking ``each of the following conditions is 
        satisfied:'';
            (2) by striking subparagraph (A); and
            (3) by striking ``(B) The'' and inserting ``the''.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

             Subtitle A--Department of Defense Organization

Sec. 901. Change of Name for Certain Officials of the Headquarters, 
                            Marine Corps.
Sec. 902. Amendment to Broaden the Definition of Inspector General and 
                            to Clarify Responsibilities.
Sec. 903. Authority to Withhold from Public Disclosure Certain 
                            Sensitive Information.
                       Subtitle B--Other Matters

Sec. 911. To Consolidate Various Department of the Navy Trust and Gift 
                            Funds.
Sec. 912. Disposition of Gifts to the Naval Academy.
Sec. 913. Mailing Privileges of Members of the Armed Forces of the 
                            United States and of Friendly Foreign 
                            Nations.
Sec. 914. Commercial Personnel Transfer Program for Science and 
                            Engineering.
Sec. 915. Pilot Program for Payment of Retraining and Relocation 
                            Expenses.

             Subtitle A--Department of Defense Organization

SEC. 901. CHANGE OF NAME FOR CERTAIN OFFICIALS OF THE HEADQUARTERS, 
              MARINE CORPS.

    (a) Institution of Positions as Deputy Commandants.--Section 
5041(b) of title 10, United States Code, is amended--
            (1) by striking paragraphs (3) through (5) and inserting 
        the following:
            ``(3) The Deputy Commandants.''; and
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (4) and (5), respectively.
    (b) Designation of Deputy Commandants.--Section 5045 of title 10, 
United States Code, is amended--
            (1) in the catchline for such section by striking ``Chief 
        of Staff: Deputy and Assistant Chiefs of Staff'' and inserting 
        ``Deputy Commandants''; and
            (2) in the first sentence, by striking ``a Chief of Staff, 
        not more than five Deputy Chiefs of Staff, and not more than 
        three Assistant Chiefs of Staff,'' and inserting ``not more 
        than five Deputy Commandants,''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 506 of title 10, United States Code, is amended by revising the 
item relating to section 5045 to read as follows:

``5045. Deputy Commandants.''.
    (d) Conforming Amendment.--Section 1502(7)(D) of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 401) is amended to read as 
follows:
                    ``(D) the Deputy Commandant of the Marine Corps 
                responsible for personnel matters.''.

SEC. 902. AMENDMENT TO BROADEN THE DEFINITION OF INSPECTOR GENERAL AND 
              TO CLARIFY RESPONSIBILITIES.

    (a) Clarification of Responsibilities.--Paragraph 1034(c)(3)(A) of 
title 10, United States Code, is amended by inserting ``, in accordance 
with regulations prescribed under subsection (h),'' after ``shall 
expeditiously determine''.
    (b) Redefinition of ``Inspector General.''--Paragraph 1034(i)(2) of 
title 10, United States Code, is amended by striking subparagraphs (C), 
(D), (E), (F) and (G) and inserting after subparagraph (B) the 
following new subparagraph (C):
                    ``(C) An officer of the armed forces or employee 
                assigned or detailed to serve as an Inspector General 
                at any level in the Department of Defense.''.

SEC. 903. AUTHORITY TO WITHHOLD FROM PUBIC DISCLOSURE CERTAIN SENSITIVE 
              INFORMATION.

    ``(a) In General.--Chapter 3 of title 10, United States Code, is 
amended by inserting after section 130 the following new section:
``Sec. 130b. Authority to protect and withhold from public disclosure 
              certain sensitive information of foreign governments and 
              international organizations
    ``(a) The Secretary of Defense, the Secretary of the Department in 
which the Coast Guard is operating, or the Secretary of Energy may 
withhold from public disclosure otherwise required by law any 
information described in subsection (b).
    ``(b) Subsection (a) applies to any information that a foreign 
government or international organization has provided to, otherwise 
made available to, or produced in cooperation with the United States if 
the Secretary concerned determines that the foreign government or 
international organization is withholding the information from public 
disclosure (relying for that determination on the written 
representation of the foreign government or international organization 
to that effect) and that any of the following conditions are met:
            ``(1) The foreign government or international organization 
        requests, in writing, that the information be withheld.
            ``(2) The information was provided or made available to the 
        United States Government on the condition that it not be 
        released to the public.
            ``(3) The information is an item of information, or is in a 
        category of information, that the Secretary concerned has 
        specified in regulations under subsection (f) would have an 
        adverse effect on the ability of the United States Government 
        to obtain the same or similar information in the future.
    ``(c)(1) In the case of a request submitted to the head of an 
agency for disclosure of information that came into the possession or 
under the control of the United States Government before the date of 
the enactment of the National Defense Authorization Act for Fiscal Year 
2000 and more than 25 years before the date on which the request is 
received by the agency, the information may be withheld only as set 
forth in paragraph (3).
    ``(2)(A) In the case of a request submitted to the head of an 
agency for disclosure of information that came into the possession or 
under the control of the United States Government on or after the date 
referred to in paragraph (1), the authority of the Secretary of 
Defense, the Secretary of the Department in which the Coast Guard is 
operating, or the Secretary of Energy to withhold the information under 
this section is subject to the provisions of subparagraphs (B) and (C).
            ``(B) Information referred to in subparagraph (A) may not 
        be withheld under the section after--
            ``(i) the date that is specified by the foreign government 
        or international organization concerned in a request or 
        condition of the foreign government or international 
        organization described in paragraph (1) or (2) of subsection 
        (b); or
            ``(ii) if there are more than one such foreign government 
        or international organization, the latest date so specified by 
        any of them.
            ``(C) If no date is applicable under subparagraph (B) to a 
        request for disclosure of any information described in 
        subparagraph (A) that came into possession or under the control 
        of the United States more than 10 years before the date on 
        which the request is received by an agency the Secretary of 
        Defense, or the Secretary of the Department in which the Coast 
        Guard is operating, or the Secretary of Energy may withhold the 
        information withheld under this section only as set forth in 
        paragraph (3).
    ``(3) Information referred to in paragraph (1) or (2)(C) may be 
withheld under this section in the case of a request for disclosure if, 
upon the notification of each foreign government and international 
organization concerned in accordance with the regulations prescribed 
under subsection (f)(2), any such government or organization requests 
in writing that the information not be disclosed for an additional 
period stated in the requests of the government or organization. After 
considering the requests of the foreign government or international 
organization, the head of the agency Secretary of Defense, or the 
Secretary of the Department in which the Coast Guard is operating, or 
the Secretary of Energy shall designate a later date as the date after 
which the information is not to be withheld under this section. The 
later date may be extended in accordance with a later request of any 
such foreign government or international organization under this 
paragraph.
    ``(d) This section does not apply to information or matters that 
are specifically required to be protected against unauthorized 
disclosure under criteria established by an Executive order to be kept 
secret in the interest of national defense or foreign policy and that 
are in fact properly classified at the Confidential, Secret or Top 
Secret level pursuant to such Executive order.
    ``(e) Nothing in this section shall be construed to authorize the 
Secretary of Defense, or the Secretary of the Department in which the 
Coast Guard is operating, or the Secretary of Energy to withhold, or to 
authorize the withholding of, information from the appropriate 
committees of the Congress.
    ``(f) Nothing in this section shall be construed to authorize heads 
of agencies to withhold, or to authorize the withholding of, 
information from the Comptroller General, unless the information 
relates to activities that the President designates as foreign 
intelligence or counterintelligence activities.
    ``(g)(1) The Secretary of Defense, or the Secretary of 
Transportation, and the Secretary of Energy shall prescribe regulations 
to carry out this section. The regulations shall include criteria for 
making the determinations required under subsection (b). The 
regulations may provide for controls on access to and use of, and 
special markings and specific safeguards for, a category or categories 
of information subject to this section.
    ``(2) The regulations shall include procedures for notifying and 
consulting with each foreign government or international concerned 
about requests for information to which this section applies.
    ``(h) In this section--
            ``(1) The term `agency' has the meaning given that term in 
        section 552(f) of title 5, United States Code. The term 
        `international organization' means:
                    ``(A) a public international organization 
                designated pursuant to section 1 of the International 
                Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 
                288) as being entitled to enjoy the privileges, 
                exemptions and immunities provided in such Act;
                    ``(B) a public international organization created 
                pursuant to a treaty or other international agreement 
                as an instrument through or by which two or more 
                foreign governments engage in some aspect of their 
                conduct of international affairs; and
                    ``(C) an official mission (other than a United 
                States mission to a public international organization 
                referred to on) to a public international organization 
                referred to in subparagraph (A) or (B).''.
    ``(b) Clerical Amendment.--The table of sections at the beginning 
of such chapter 3 is amended by inserting after the item relating to 
section 130 the following new item:

``130b. Authority to protect and withhold from public disclosure 
                            certain sensitive information of foreign 
                            governments and international 
                            organizations.''.

                       Subtitle B--Other Matters

SEC. 911. TO CONSOLIDATE VARIOUS DEPARTMENT OF THE NAVY TRUST AND GIFT 
              FUNDS.

    (a) Consolidation of Naval Academy General Gift Fund and the Naval 
Academy Museum Fund.--Section 6973 of title 10, United States Code, is 
amended--
            (1) by amending subsection 6973(a) to read as follows:
    ``(a)(1) The Secretary of the Navy may accept, hold, administer, 
and spend gifts and bequests of personal property, and loans of 
personal property other than money, made on the condition that it be 
used for the benefit of, or for use in connection with, the Naval 
Academy or the Naval Academy Museum, its collection, or its services. 
Gifts or bequests of money and the proceeds from the sales of property 
received as gifts shall be deposited in the Treasury in the fund called 
`United States Naval Academy Gift and Museum Fund.' The Secretary may 
disburse funds deposited under this subsection for the benefit or use 
of the Naval Academy or the Naval Academy Museum subject to the terms 
of the gift or bequest.
    ``(2) The Secretary shall develop written guidelines to be used in 
determining whether the acceptance of money, personal property or loans 
of personal property under paragraph (1) would reflect unfavorably upon 
the ability of the Department of the Navy or any employee of the 
Department of the Navy to carry out its responsibilities or his or her 
official duties in a fair and objective manner, or would compromise the 
integrity, or the appearance of the integrity, of its programs or any 
official involved in those programs.''; and
            (2) in subsection 6973(c), by striking ``United States 
        Naval Academy general gift fund'' both times such phrase 
        appears in the subsection and by inserting in lieu thereof, in 
        each instance, ``United States Naval Academy Gift and Museum 
        Fund.''.
    (b) Repeal of Naval Academy Museum Fund.--Section 6974 of such 
title 10, is hereby repealed.
    (c) Repeal of Naval Historical Center Fund.--Section 7222 of such 
title 10, is hereby repealed.
    (d) Transfer of Funds.--
            (1) United states gift and museum fund.--All funds 
        currently deposited or held in the United States Naval Academy 
        Museum Fund established pursuant to section 6974 of such title 
        10, shall be transferred to the United States Naval Academy 
        Gift and Museum Fund authorized by subsection (a).
            (2) Navy general gift fund.--All funds currently deposited 
        or held in the Naval Historical Center Fund, established 
pursuant to section 7222 of such title 10, shall be transferred to the 
Department of the Navy General Gift Fund authorized by section 2601 of 
such title 10.
    (e) Clerical Amendments.--
            (1) Chapter 603.--The Table of Sections at the beginning of 
        Chapter 603 of such title 10 is amended by striking the item 
        relating to section 6974.
            (2) Chapter 631.--The Table of Sections at the beginning of 
        Chapter 631 of such title 10 is amended by striking the item 
        relating to section 7222.

SEC. 912. DISPOSITION OF GIFTS TO THE NAVAL ACADEMY.

    Notwithstanding section 6973 of title 10, United States Code, 
during fiscal year 2000 the Secretary of the Navy may dispose of the 
current cash value of a previously accepted gifts to the Naval Academy 
Gift Fund by transfer to an entity designated by the donor.

SEC. 913. MAILING PRIVILEGES OF MEMBERS OF THE ARMED FORCES OF THE 
              UNITED STATES AND OF FRIENDLY FOREIGN NATIONS.

    Section 3401(b) of title 39, United States Code, is amended--
            (1) by striking ``100 inches in length and girth combined'' 
        and inserting ``maximum size of Standard Mail (B)''; and
            (2) by striking ``100 inches in length and girth combined'' 
        and inserting ``maximum size of Standard Mail (B)''.

SEC. 914. COMMERCIAL PERSONNEL TRANSFER PROGRAM FOR SCIENCE AND 
              ENGINEERING.

    (a) In General.--Chapter 111 of title 10, United States Code, is 
amended by inserting after section 2195 the following new section:
``Sec. 2195a. Science and engineering cooperative commercial personnel 
              transfer program
    ``(a) The Secretary of Defense may establish a pilot program for 
the assignment of no more than one hundred individuals employed by 
private commercial entities to the Department of Defense to conduct 
science and engineering functions. Each such assignment shall--
            ``(1) be on a temporary basis;
            ``(2) be at a laboratory owned and operated by the 
        Department of Defense;
            ``(3) exclude involvement in managerial or policy-making 
        functions of the Department; and
            ``(4) be subject to the terms and conditions set forth in 
        this section.
    ``(b) The terms of an assignment made under subsection (a) shall be 
in writing. Such terms may not include an exemption from any statute or 
regulation otherwise applicable to the employee or the private 
commercial employer.
    ``(c) An assignment made pursuant to subsection (a) shall be for a 
period of not to exceed two years, except that, subject to subsection 
(k), the Secretary may extend the assignment for up to an additional 
two years with the consent of the employee concerned and the private 
commercial entity.
    ``(d) An employee assigned to the Department of Defense pursuant to 
subsection (a) may--
            ``(1) be appointed for the agreed period of the assignment 
        in the Department without regard to the provisions of title 5 
        governing appointments in the competitive service; or
            ``(2) be deemed to be on a detail to the Department.
For purposes of this section, a detail is the temporary assignment of a 
private commercial entity employee to the Department of Defense, with 
the expectation that the employee will return to the employee's 
position of record with the private commercial entity at the expiration 
of the detail. The employee, while remaining an employee of the private 
commercial entity during the period of the detail for purposes of 
establishing eligibility for benefits and longevity in accordance with 
subsections (g) and (i), shall be paid by the Department of Defense in 
accordance with subsections (e) and (i).
    ``(e) A person given an assignment, whether by detail or 
appointment, pursuant to subsection (a), shall be paid solely by the 
Department of Defense at a rate established by the Secretary, of not 
less than the equivalent of grade 12, step 1, of the General Schedule, 
and not to exceed the maximum rate provided in section 5306(e) of title 
5, except that, under regulations established by the Secretary, the 
Secretary may provide such person compensation (in addition to base 
pay), including benefits (to the extent not prohibited by subsection 
(f)), incentives, and allowances, consistent with, and not in excess of 
the level authorized for, comparable positions authorized by title 5.
    ``(f) A person assigned to the Department of Defense pursuant to 
subsection (a) is deemed, for the period of the assignment, to be an 
employee of the Department of Defense for all purposes, except as 
otherwise provided in this section and except for--
            ``(1) subchapter III of chapter 83 of this title or other 
        applicable retirement systems;
            ``(2) chapter 87 of this title; and
            ``(3) chapter 89 of this title or other applicable health 
        benefits system unless his appointment results in the loss of 
        coverage in a group health benefits plan the premium of which 
        has been paid in whole or in part by contribution by the 
        private commercial entity.
    ``These exceptions shall not apply to non-Federal employees who are 
covered by chapters 83, 87, and 89 of this title by virtue of their 
non-Federal employment immediately before assignment  and appointment 
under this section.
    ``(g) Notwithstanding subsection (f) and section 209 of title 18, 
the period of time a private commercial entity employee is assigned to 
the Department pursuant to this section may be counted by the private 
commercial entity, for purposes of determining the employee's longevity 
or seniority with that private sector entity, as if it were employment 
with that entity.
    ``(h) An employee of a private commercial entity who is provided an 
appointment in the Department of Defense for the period of the 
assignment or who is on detail to the Department of Defense and who 
suffers disability or dies as a result of personal injury sustained 
while in the performance of his duty during the period of the 
assignment shall be treated, for the purpose of subchapter I of chapter 
81 of this title, as though he were an employee as defined by section 
8101 of title 5. When an employee (or his dependents in case of death) 
entitled by reason of injury or death to benefits under subchapter I of 
chapter 81 of this title is also entitled to benefits from the private 
commercial entity for the same injury or death, he (or his dependents 
in case of death) shall elect which benefits he will receive. The 
election shall be made within one year after the injury or death, or 
within such further time as the Secretary of Labor may allow for 
reasonable cause shown. When made, the election is irrevocable unless 
otherwise provided by law.
    ``(i) During the period that the private commercial entity employee 
is assigned to the Department of Defense pursuant to this section, the 
employer's contributions to the private commercial entity's retirement, 
life insurance, and health benefit plans covering the employee's period 
of assignment may be made from the appropriations of the Department of 
Defense, as if paid by the private commercial entity, if provision is 
made for such payments by the agreement required under subsection (b).
    ``(j) For purposes of this section, a ``private commercial entity'' 
means a non-Federal commercial organization, including a corporation, 
partnership, sole proprietorship, limited liability company, or other 
such form of commercial enterprise.
    ``(k) The authority under subsection (a) expires five years after 
the effective date of this Act, but may be terminated earlier at the 
discretion of the Secretary of Defense.
    ``(l) The Secretary of Defense shall evaluate the pilot program 
established pursuant to this section and shall report to the President 
and the Congress on whether the program should be continued in its 
current form, expanded within the Department of Defense, or expanded to 
include other government agencies. This report shall be submitted 
during the fourth year of the pilot program.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter 111 is amended by inserting after the item relating to 
section 2195 the following new item:

``2595a. Science and engineering cooperative commercial personnel 
                            transfer program.''.

SEC. 915. PILOT PROGRAM FOR PAYMENT OF RETRAINING AND RELOCATION 
              EXPENSES.

    (a) In General.--Chapter 141 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2410o. Pilot program for payment of retraining and relocation 
              expenses
    ``(a) Authority.--The Secretary of Defense may establish a pilot 
program for the payment of retraining and relocation expenses in 
accordance with this section to facilitate the reemployment of eligible 
employees of the Department of Defense who are being involuntarily 
separated due to a reduction-in-force or a transfer of functions of the 
facility or military installation where such persons are employed. 
Under the pilot program, the Secretary may pay retraining and 
relocation incentives to encourage non-Federal employees to hire and 
retain such employees.
    ``(b) Eligible Employees.--For purposes of this section, an 
eligible employee is an employee of the Department of Defense, serving 
under an appointment without time limitation, who has been employed by 
the Department of Defense for a continuous period of at least 12 months 
and who has been given notice of separation pursuant to a reduction in 
force, except that such term does not include--
            ``(1) a reemployed annuitant under subchapter III of 
        chapter 83 of title 5, chapter 84 of title 5, or another 
        retirement system for employees of the Government;
            ``(2) an employee who, upon separation from Federal 
        service, is eligible for an immediate annuity under subchapter 
        III of chapter 83 of title 5 or subchapter II of chapter 84 of 
        title 5; or
            ``(3) an employee who is eligible for disability retirement 
        under any of the retirement systems referred to in paragraph 
        (1).
    ``(c) Retraining Incentive.--(1) Under the pilot program, the 
Secretary may enter into an agreement with a non-Federal employer under 
which the non-Federal employer agrees--
            ``(A) to employ a person referred to in subsection (a) for 
        at least 12 months for a salary that is mutually agreeable to 
        the employer and such person; and
            ``(B) to certify to the Secretary the cost incurred by the 
        employer for any necessary training provided to such person in 
        connection with the employment by that employer.
    ``(2) The Secretary shall pay a retraining incentive to the non-
Federal employer upon the employee's completion of 12 months of 
continuous employment with that employer. Subject to subsection (f), 
the Secretary shall prescribe the amount of the incentive.
    ``(3) The Secretary shall pay a prorated amount of the full 
retraining incentive to the non-Federal employer for an employee who 
does not remain employed by the non-Federal employer for at least 12 
months.
    ``(4) In no event may the amount of retraining incentive paid for 
the training of any one person under the pilot program exceed the 
amount certified for that person under paragraph (1).
    ``(d) Approval of the Secretary of Defense.--The Secretary of a 
military department or the head of a Defense Agency may offer an 
incentive under the pilot program with the prior approval of the 
Secretary of Defense or pursuant to a delegation of authority by the 
Secretary of Defense.
    ``(e) Limitation.--The total amount of incentives paid in the case 
of a person under the pilot program may not exceed $10,000.
    ``(f) Duration.--No incentive may be paid the pilot program for 
training or relocations commenced after September 30, 2003.
    ``(g) Definitions.--In this section:
            ``(1) The term `non-Federal employer' means an employer 
        that is not an Executive Agency, as defined in section 105 of 
        title 5, or the legislation or judicial branch of the Federal 
        Government.
            ``(2) The term `Defense Agency' has the meaning given such 
        term in section 101(a)(11) of this title.
    ``(h) OMB A-76 Cost Comparison.--For purposes of this program, any 
costs incurred shall not be added as one-time costs for the purposes of 
any cost comparisons pursuant to the Office of Management and Budget 
Circular A-76.''.
    ``(b) Clerical Amendment.--The table of sections at the beginning 
of such chapter 141 is amended by adding at the end the following new 
item:

``Sec. 2410o. Pilot program for payment of retraining and relocation 
                            expenses.''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Administrative Offsets for Transportation Overcharges.
Sec. 1002. Date for Submittal of Joint Report on Scoring of Budget 
                            Outlays
Sec. 1003. Repeal of Requirement for Two-year Budget Cycle for the 
                            Department of Defense.
Sec. 1004. Codification of Annual Recurring Appropriations Act General 
                            Provision for Reimbusements Related to 
                            Certain Reserve Intelligence or 
                            Counterintelligence Support.
             Subtitle B--Humanitarian and Civic Assistance

Sec. 1011. Clarification of Authority to Provide Humanitarian and Civic 
                            Assistance.
Sec. 1012. Authority to Pay Certain Expenses Relating to Humanitarian 
                            and Civic Assistance for Clearance of 
                            Landmines.
      Subtitle C--Miscellaneous Reporting Requirements and Repeals

Sec. 1015. Repeal of Reporting Requirement for B-2.
Sec. 1016. Amendment to National Guard and Reserve Component Equipment: 
                            Annual Report to Congress.
                       Subtitle D--Other Matters

Sec. 1021. Recognition of Military Testamentary Instruments.
Sec. 1022. Fees for Military History Information, Material and Research 
                            Assistance.
Sec. 1023. Cooperative Military Airlift Agreements: Allied Countries.
Sec. 1024. Chemical Weapons Destruction Facility in Russia.

                     Subtitle A--Financial Matters

SEC. 1001. ADMINISTRATIVE OFFSETS FOR TRANSPORTATION OVERPAYMENTS.

    (a) Offsets for Overpayments.--Section 2636 of title 10, United 
States Code, is amended--
            (1) by striking the section heading and substituting in 
        lieu thereof:
``Sec. 2636. Deductions from carriers supporting the Department of 
              Defense'';
            (2) by inserting ``or as an administrative offset for 
        overpayments previously paid to the carrier or liquidated 
        damages due under Department of Defense contracts for 
        transportation services'' after ``for a military department''; 
        and
            (3) by striking the period at the end of the section and 
        inserting ``or, in the case of overcharges or liquidated 
        damages, the appropriation or account that funded the 
        transportation services. The contracting officer may offset 
        amounts less than the simplified acquisition threshold after 
        providing the notice required by section 3716(a) of title 
        31.''.
    (b) Clerical Amendment.--The table of sections for chapter 157, 
title 10, United States Code, is amended by amending the item relating 
to section 2636 to read as follows:

``2636. Deductions from carriers supporting the Department of 
                            Defense.''.

SEC. 1002. DATE FOR SUBMISSION OF JOINT REPORT ON SCORING OF BUDGET 
              OUTLAYS.

    Section 226 of title 10, United States Code is amended--
            (1) in subsection (a), by striking ``Not later than 
        December 15 of each year'' and inserting ``Not later than the 
        day on which the budget for any fiscal year is submitted to 
        Congress pursuant to section 1105 of title 31'';
            (2) in paragraph (a)(1), by striking, ``major functional 
        category 050'' and all that follows through ``section 1105 of 
        title 31;'', and inserting ``subfunction category 051 
        (Department of Defense--Military) for that budget;'';
            (3) in the catchline to subsection (b), by striking ``Use 
        of Averages.--'' and inserting ``Use of Differences.--''; and
            (4) in subsection (b), by striking ``, the report shall 
        reflect the average of the relevant outlay rates or assumptions 
        used by the two offices.'' and inserting ``, the report shall 
        reflect the differences between the relevant outlay rates or 
assumptions used by the two offices. For each account where a 
difference exists, the report also shall display the budget year budget 
authority (BA), the rates, and the outlays estimated by both 
offices.''.

SEC. 1003. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE 
              DEPARTMENT OF DEFENSE.

    Section 1405 of the Department of Defense Authorization Act, 1986 
(31 U.S.C. 1105 note) is repealed.

SEC. 1004. CODIFICATION OF ANNUAL RECURRING APPROPRIATIONS ACT GENERAL 
              PROVISION FOR REIMBURSEMENTS RELATED TO CERTAIN RESERVE 
              INTELLIGENCE OR COUNTERINTELLIGENCE SUPPORT.

    Section 2241 of title 10, United States Code, is amended by adding 
the following new subsection at the end thereof:
    ``(c) Operation and Maintenance Reimbursements.--Amounts 
appropriated for operation and maintenance of the Military Departments, 
the Combatant Commands and Defense Agencies shall be available for 
reimbursement of pay, allowances and other expenses which would 
otherwise be incurred against appropriations for the National Guard and 
Reserve when members of the National Guard and Reserve provide 
intelligence or counterintelligence support to Combatant Commands, 
Defense Agencies and Joint Intelligence activities, including the 
activities and programs included within the National Foreign 
Intelligence Program (NFIP), the Joint Military Intelligence Program 
(JMIP), and the Tactical Intelligence and Related Activities (TIARA) 
aggregate. Nothing in this subsection authorizes deviation from 
established Reserve and National Guard personnel and training 
procedures.''.

             Subtitle B--Humanitarian and Civic Assistance

SEC. 1011. CLARIFICATION OF AUTHORITY TO PROVIDE HUMANITARIAN AND CIVIC 
              ASSISTANCE.

    Section 401(e)(1) of title 10, United States Code, is amended by 
inserting ``or under served'' after ``in rural''.

SEC. 1012. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN 
              AND CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.

    Section 401(c) of title 10, United States Code, is amended--
            (1) in paragraph (3), by striking ``$5,000,000'' and 
        inserting ``$10,000,000''; and
            (2) by adding at the end the following new paragraph (5):
            ``(5) Not more than ten percent of funds available for the 
        activities described in subsection (e)(5) may be used to pay 
        for the pay and allowances of Reserve Component Special 
        Operations Force personnel performing duty in connection with 
        training and activities related to the clearing of landmines 
        for humanitarian purposes.''.

      Subtitle C--Miscellaneous Reporting Requirements and Repeals

SEC. 1015. REPEAL OF REPORTING REQUIREMENT
              FOR B-2

    Section 112 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189), as amended by section 141(b) 
of the National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106), is hereby repealed.

SEC. 1016. AMENDMENT TO NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT: 
              ANNUAL REPORT TO CONGRESS.

    The text of section 10541 of title 10, United States Code, is 
amended to read as follows:
    ``(a) The Secretary of Defense shall submit to the Congress each 
year, not later than March 1, a written report concerning the equipment 
of the National Guard and the reserve components of the armed forces, 
to include the Coast Guard Reserve. This report shall cover the current 
fiscal year and three succeeding years. The focus should be on major 
items of equipment which address large dollar-value requirements, 
critical reserve component shortages and major procurement items. 
Specific major items of equipment shall include ships, aircraft, combat 
vehicles and key combat support equipment.
    ``(b) Each annual report under this section should include the 
following:
            ``(1) Major items of equipment required and on-hand in the 
        inventories of each reserve component.
            ``(2) Major items of equipment which are expected to be 
        procured from commercial sources or transferred from the Active 
        component to the reserve components of each military 
        department.
            ``(3) Major items of equipment in the inventories of each 
        reserve component which are substitutes for a required major 
        item of equipment.
            ``(4) A narrative explanation of the plan of the Secretary 
        concerned to equip each reserve component, including an 
        explanation of the plan to equip units of the reserve 
        components that are short major items of equipment at the 
        outset of war or a contingency operation.
            ``(5) A narrative discussing the current status of the 
        compatibility and interoperability of equipment between the 
reserve components and the regular components, the effect of that level 
of compatibility or interoperability on combat effectiveness, and a 
plan to achieve full equipment compatibility and interoperability.
            ``(6) A narrative discussing modernization shortfalls and 
        maintenance backlogs within the reserve components and the 
        effect of those shortfalls on combat effectiveness.
            ``(7) A narrative discussing the overall age and condition 
        of equipment currently in the inventory of each reserve 
        component.
    ``(c) Each report under this section shall be expressed in the same 
format and with the same level of detail as the information presented 
in the Future Years Defense Program Procurement Annex prepared by the 
Secretary of Defense.''.

                       Subtitle D--Other Matters

SEC. 1021. RECOGNITION OF MILITARY TESTAMENTARY INSTRUMENTS.

    (a) In General.--Chapter 53 of title 10, United States Code, is 
amended by inserting after section 1044c the following new section:
``Sec. 1044d. Military wills and codicils; recognition
    ``(a) Instruments To Be Given Legal Effect.--A military will or 
codicil, executed in accordance with regulations prescribed by the 
Secretary of Defense and the Secretary of Transportation, with respect 
to the Coast Guard when it is not operating as a service in the 
Department of the Navy, by a person who is eligible for legal 
assistance under the provisions of section 1044 of this title--
            ``(1) is exempt from any requirement of form, formality, or 
        recording that is provided for wills or codicils under State 
        law;
            ``(2) has the same legal effect as a will prepared and 
        executed in accordance with the laws of the State concerned; 
        and
            ``(3) shall be deemed valid for probate in the courts of 
        the State concerned.
    ``(b) General Requirements for Military Wills and Codicils.--
Military wills and codicils include all revocable instruments that meet 
the following requirements:
            ``(1) The instrument must be executed by a person 
        (testator) who is eligible for legal assistance under the 
        provisions of section 1044 of this title, or in the presence 
        and by the direction of such testator.
            ``(2) The instrument must make a disposition of property, 
        to take effect after the testator's death.
            ``(3) The instrument must be executed in the presence of at 
        least two disinterested witnesses.
            ``(4) The instrument must be executed before a judge 
        advocate, as defined in section 801(13) of this title, or a 
        civilian attorney serving as a legal assistance officer, under 
        the provisions of section 1044 of this title.
            ``(5) The instrument must be prepared and executed in 
        accordance with regulations prescribed by the Secretary of 
        Defense and the Secretary of Transportation, with respect to 
        the Coast Guard when it is not operating as a service in the 
        Department of the Navy.
    ``(c) Self-Proof of Military Wills and Codicils.--A military will 
or codicil executed in conformity with this section may be made self-
proved at the time of its execution, or at any subsequent time, by the 
testator's acknowledgment of it and by affidavits of the witnesses. 
Such self-proving clauses, acknowledgments and affidavits shall be 
executed in accordance with regulations prescribed by the Secretary of 
Defense and the Secretary of Transportation, with respect to the Coast 
Guard when it is not operating as a service in the Department of the 
Navy. Such self-proving clauses shall consist of a certificate of the 
testator, attesting witnesses and the official administering the oath, 
that is attached to, or follows the will or codicil. The specific form 
and content of such self-proving clauses shall be set forth in 
regulations prescribed by the Secretary of Defense and the Secretary of 
Transportation, with respect to the Coast Guard when it is not 
operating as a service in the Department of the Navy. The signature of 
the testator, attesting witnesses and presiding attorney, together with 
their respective titles, is prima facie evidence that the signatures 
are genuine, that the testator, witnesses and presiding attorney held 
the respective designated title at the time of the execution, and that 
the will or codicil was executed in compliance with the requirements 
for form as prescribed by the Secretaries of Defense and 
Transportation.
    ``(d) Validity of Other Testamentary Instruments.--Nothing herein 
shall invalidate testamentary instruments, to include holographic and 
nuncupative wills that are prepared and executed by, or at the 
direction of, testators who although eligible for legal assistance 
under the provisions of section 1044 of this title, either elect not to 
avail themselves of such legal assistance, or by reason of circumstance 
are unable to obtain such legal assistance. The validity of such 
testamentary instruments shall be determined by the appropriate court 
in accordance with its rules and procedures.
    ``(e) State Defined.--For purposes of this section, the term 
`State' includes the fifty States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, and each territory and possession of the 
United States, to include Guam, American Samoa, the Trust Territory of 
the Pacific Islands, and the Virgin Islands.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1044c the following:

``1044d. Military wills and codicils; requirement for recognition.''.

SEC. 1022. FEES FOR MILITARY HISTORY INFORMATION, MATERIAL, AND 
              RESEARCH ASSISTANCE.

    (a) Army.--Chapter 437 of title 10, United States Code, is amended 
by adding at the end the following new section:
``Sec. 4595. United States Army Military History Institute: retention 
              of fees
    ``(a) Authority.--The Secretary of the Army may charge and retain 
fees received for providing historical material or research assistance 
from the United States Army Military History Institute to public 
requesters.
    ``(b) Retention of Fees.--Monies received by the United States 
Military History Institute under subsection (a) shall be retained by 
the Secretary and may only be used to offset the cost of providing 
historical material or research assistance. All funds accepted by the 
Secretary under this subsection (a) shall be credited to funds 
available for the operation or support of the United States Army 
Military History Institute and shall remain available until expended.
    ``(c) Exclusion.--This section shall not apply to records made 
available to the public under section 552 of title 5.
    ``(d) Definitions.--In this section:
            ``(1) The term `United States Army Military History 
        Institute' means the Army's primary archive for historical 
        records and materials.
            ``(2) The term `public requesters' means all persons who 
        request historical material or research assistance from the 
        Institute other than persons who request material or research 
        assistance in their official capacity as a member of the armed 
        forces or an officer or employee of the United States, as 
        defined in sections 2104 and 2105 of title 5, United States 
        Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter 437 is amended by adding at the end the following new 
item:

``4595. United States Army History Institute: retention of fees.''.
    (c) Navy.--Chapter 649 of such title 10 is amended by adding at the 
end the following new section:
``Sec. 7582. United States Navy and Marine Corps Historical Centers; 
              retention of fees
    ``(a) Authority.--The Secretary of the Navy may charge and retain 
fees received for providing historical material or research assistance 
from the United States Naval Historical Center and the Marine Corps 
Historical Center to public requesters.
    ``(b) Retention of Fees.--Monies received by the Secretary under 
subsection (a) shall be retained by the Secretary and may only be used 
to offset the cost of providing historical material or research 
assistance. All funds accepted by the Secretary under this subsection 
(a) shall be credited to funds available for the operation or support 
of the United States Naval Historical Center and the Marine Corps 
Historical Center and shall remain available until expended.
    ``(c) Exclusion.--This section shall not apply to records made 
available to the public under section 552 of title 5.
    ``(d) Definitions.--In this section:
            ``(1) The term `United States Naval Historical Center' 
        means the Navy's primary archive for historical records and 
        materials.
            ``(2) The term `Marine Corps Historical Center' means the 
        Marine Corps' primary archive for historical records and 
        materials.
            ``(3) The term `public requesters' means all persons who 
        request historical material or research assistance from the 
        Navy other than persons who request material or research 
        assistance in their official capacity as a member of the armed 
        forces or an officer or employee of the United States, as 
        defined in sections 2104 and 2105 of title 5, United States 
        Code.''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
such chapter 649 is amended by adding at the end the following new 
item:

``7582. United States Navy and Marine Corps Military Historical 
                            Centers; retention of fees.''.
    (e) Air Force.--Chapter 937 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9594. United States Air Force Historical Research Agency; 
              retention of fees
    ``(a) Authority.--The Secretary of the Air Force may charge and 
retain fees received for providing historical material and research 
assistance from the United States Air Force Historical Research Agency 
to public requesters.
    ``(b) Retention of Fees.--Monies received by the United States Air 
Force Historical Research Agency under subsection (a) shall be retained 
by the Secretary and may only be used to offset the cost of providing 
historical material or research assistance. All funds accepted by the 
Secretary under this subsection (a) shall be credited to funds 
available for the operation or support of the United States Air Force 
Historical Research Agency and shall remain available until expended.
    ``(c) Exclusion.--This section shall not apply to records made 
available to the public under section 552 of title 5.
    ``(d) Definitions.--In this section:
            ``(1) The term `United States Air Force Historical Research 
        Agency' means the Air Force's primary archive for historical 
        records and materials.
            ``(2) The term `public requesters' means all persons who 
        request historical material or research assistance from the 
        Institute other than persons who request material or research 
        assistance in their official capacity as a member of the armed 
        forces or an officer or employee of the United States, as 
        defined in sections 2104 and 2105 of title 5, United States 
        Code.''.
    (f) Clerical Amendment.--The table of sections at the beginning of 
such chapter 937 is amended by adding at the end the following new 
item:

``9594. United States Air Force Historical Research Agency; retention 
                            of fees.''.
    (g) Coast Guard.--Chapter 17 of title 14, United States Code, is 
amended by inserting after section 664 the following new section:
``Sec. 664a. Office of the Coast Guard Historian: retention of fees
    ``(a) Authority.--The Secretary of Transportation may charge and 
retain fees received for providing historical material or research 
assistance from the Office of the Historian of the United States Coast 
Guard to public requesters.
    ``(b) Retention of Fees.--Monies received by the Office of the 
Coast Guard Historian under subsection (a) shall be retained by the 
Coast Guard and may only be used to offset the cost of providing 
historical material or research assistance. All funds accepted by the 
Secretary under this subsection (a) shall be credited to funds 
available for the operation or support of the Office of the Coast Guard 
Historian and shall remain available until expended.
    ``(c) Exclusion.--This section shall not apply to records made 
available to the public under section 552 of title 5.
    ``(d) Definitions.--In this section:
            ``(1) The term `Office of the Coast Guard Historian' means 
        the Coast Guard's primary archive for historical records and 
        materials.
            ``(2) The term `public requesters' means all persons who 
        request historical material or research assistance from the 
        Office of the Coast Guard Historian other than persons who 
        request material or research assistance in their official 
        capacity as a member of the armed forces or an officer or 
        employee of the United States, as defined in sections 2104 and 
        2105 of title 5, United States Code.''.
    (h) Clerical Amendment.--The table of sections for chapter 17 of 
such title 14 is amended by inserting after the item relating to 
section 664 the following new item:

``664a. Office of the Coast Guard Historian: retention of fees.''.

SEC. 1023. COOPERATIVE MILITARY AIRLIFT AGREEMENTS: ALLIED COUNTRIES.

    Section 2350c of Chapter 138 of title 10, United States Code, is 
amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsection (e) as subsection (d).

SEC. 1024. CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.

    Section 1305 of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106-65; 113 Stat. 794) is repealed.

          TITLE XII--BASE REALIGNMENT AND CLOSURE ACT OF 1999

Sec. 1101. Short title and Purpose.
Sec. 1102. The Commission.
Sec. 1103. Procedure for Making Recommendations for Base Closures and 
                            Realignments.
Sec. 1104. Closure and Realignment of Military Installations.
Sec. 1105. Implementation.
Sec. 1106. Account.
Sec. 1107. Reports.
Sec. 1108. Congressional Consideration of Commission Report.
Sec. 1109. Restriction on Other Base Closure Authority.
Sec. 1110. Definitions.
Sec. 1111. Clarifying Amendments.
Sec. 1112. Conforming Amendments.

            DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 2000

SEC. 1101. SHORT TITLE AND PURPOSE.

    (a) Short Title.--This part may be cited as the ``Defense Base 
Closure and Realignment Act of 2000''.
    (b) Purpose.--The purpose of this part is to provide a fair process 
that will result in the timely closure and realignment of military 
installations inside the United States.

SEC. 1102. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Defense Base Closure and Realignment Commission''.
    (b) Duties.--The Commission shall carry out the duties specified 
for it in this part.
    (c) Appointment.--(1)(A) The Commission shall be composed of eight 
members appointed by the President, by and with the advice and consent 
of the Senate.
    (B) The President shall transmit to the Senate the nominations for 
appointment to the Commission--
            (i) by no later than January 24, 2003, in the case of 
        members of the Commission whose terms will expire at the end of 
        the first session of the 108th Congress; and
            (ii) by no later than March 15, 2005, in the case of 
        members of the Commission whose terms will expire at the end of 
        the first session of the 109th Congress;
    (C) If the President does not transmit to Congress the nominations 
for appointment to the Commission on or before the date specified for 
2005 in clause (ii) of subparagraph (B), the process by which military 
installations may be selected for closure to realignment under this 
part with respect to that year shall be terminated.
    (2) In selecting individuals for nominations for appointments to 
the Commission, the President should consult with--
            (A) the Speaker of the House of Representatives concerning 
        the appointment of two members;
            (B) the majority leader of the Senate concerning the 
        appointment of two members;
            (C) the minority leader of the House of Representatives 
        concerning the appointment of one member; and
            (D) the minority leader of the Senate concerning the 
        appointment of one member.
    (3) At the time the President nominates individuals for appointment 
to the Commission for each session of Congress referred to in paragraph 
(1)(B), the President shall designate one such individual who shall 
serve as Chairman of the Commission.
    (d) Terms.--(1) Except as provided in paragraph (2), each member of 
the Commission shall serve until the adjournment of Congress sine die 
for the session during which the member was appointed to the 
Commission.
    (2) The Chairman of the Commission shall serve until the 
confirmation of a successor.
    (e) Meetings.--(1) The Commission shall meet only during calendar 
years 2003 and 2005.
    (2)(A) Each meeting of the Commission, other than meetings in which 
classified information is to be discussed, shall be open to the public. 
The Commission shall provide an opportunity for the public to comment, 
and shall consider any such comments.
    (B) All the proceedings, information, and deliberations of the 
Commission shall be open, upon request, to the following:
            (i) The Chairman and the ranking minority party member of 
        the Subcommittee on Readiness, Sustainability, and Support of 
        the Committee on Armed Services of the Senate, or such other 
        members of the Subcommittee designated by such Chairman or 
        ranking minority party member.
            (ii) The Chairman and the ranking minority party member of 
        the Subcommittee on Military Installations and Facilities of 
        the Committee on National Security of the House of 
        Representatives, or such other members of the Subcommittee 
        designated by such Chairman or ranking minority party member.
            (iii) The Chairmen and ranking minority party members of 
        the Subcommittee on Military Construction of the Committees on 
        Appropriations of the Senate and of the House of 
        Representatives, or such other members of the Subcommittees 
        designated by such Chairmen or ranking minority party members.
    (f) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner as the original appointment, but the individual appointed 
to fill the vacancy shall serve only for the unexpired portion of the 
term for which the individual's predecessor was appointed.
    (g) Pay and Travel Expenses.--(1)(A) Each member, other than the 
Chairman, shall be paid at a rate equal to the daily equivalent of the 
minimum annual rate of basic pay payable for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day (including travel time) during which the member is engaged in the 
actual performance of duties vested in the Commission.
    (B) The Chairman shall be paid for each day referred to in 
subparagraph (A) at a rate equal to the daily equivalent of the minimum 
annual rate of basic pay payable for level III of the Executive 
Schedule under section 5314, of title 5, United States Code.
    (2) Members shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with sections 5702 and 5703 of title 
5, United States Code.
    (h) Director of Staff.--(1) The Commission shall, without regard to 
section 5311(b) of title 5, United States Code, appoint a Director who 
has not served on active duty in the Armed Forces or as a civilian 
employee of the Department of Defense during the one-year period 
preceding the date of such appointment.
    (2) The Director shall be paid at the rate of basic pay payable for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (i) Staff.--(1) Subject to paragraphs (2) and (3), the Director, 
with the approval of the Commission, may appoint and fix the pay of 
additional personnel.
    (2) The Director may make such appointments without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and any personnel so appointed may be paid 
without regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of that title relating to classification and General 
Schedule pay rates, except that an individual so appointed may not 
receive pay in excess of the annual rate of basic pay payable for 
senior-level positions of the civil service as described in section 
5376 of title 5, United States Code.
    (3)(A) Not more than one-third of the personnel employed by or 
detailed to the Commission may be on detail from the Department of 
Defense.
    (B)(i) Not more than one-fifth of the professional analysts of the 
Commission staff may be persons detailed from the Department of Defense 
to the Commission.
    (ii) No person detailed from the Department of Defense to the 
Commission may be assigned as the lead professional analyst with 
respect to a military department or defense agency.
    (C) A person may not be detailed from the Department of Defense to 
the Commission if, within 12 months before the detail is to begin, that 
person participated personally and substantially in any matter within 
the Department of Defense concerning the preparation of recommendations 
for closures or realignments of military installations.
    (D) No member of the Armed Forces, and no officer or employee of 
the Department of Defense, may--
            (i) prepare any report concerning the effectiveness, 
        fitness, or efficiency of the performance on the staff of the 
        Commission of any person detailed from the Department of 
        Defense to that staff;
            (ii) review of the preparation of such a report; or
            (iii) approve or disapprove such a report.
    (4) Upon request of the Director, the head of any Federal 
department or agency may detail any of the personnel of that department 
or agency to the Commission to assist the Commission in carrying out 
its duties under this part.
    (5) The Comptroller General of the United States shall provide 
assistance, including the detailing of employees, to the Commission in 
accordance with an agreement entered into with the Commission.
    (6) The following restrictions relating to the personnel of the 
Commission shall apply during 2004:
            (A) There may not be more than 15 persons on the staff at 
        any one time.
            (B) The staff may perform only such functions as are 
        necessary to prepare for the transition to new membership on 
        the Commission in the following year.
            (C) No member of the Armed Forces and no employee of the 
        Department of Defense may serve on the staff.
    (j) Other Authority.--(1) The Commission may procure by contract, 
to the extent funds are available, the temporary or intermittent 
services of experts or consultants pursuant to section 3109 of title 5, 
United States Code.
    (2) The Commission may lease space and acquire personal property to 
the extent funds are available.
    (k) Funding.--(1) There are authorized to be appropriated to the 
Commission such funds as are necessary to carry out its duties under 
this part. Such funds shall remain available until expended.
    (2) If no funds are appropriated to the Commission by the 107th 
Congress, the Secretary of Defense may transfer to the Commission funds 
from the Department of Defense Base Closure Account established by 
section 2906 of Public Law 101-510. Such funds shall remain available 
until expended.
    (l) Termination.--The Commission shall terminate on December 31, 
2005.
    (m) Prohibition Against Restricting Communications.--Section 1034 
of title 10, United States Code, shall apply with respect to 
communications with the Commission.

SEC. 1103. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND 
              REALIGNMENTS.

    (a) Force-Structure Plan.--(1) As part of the budget justification 
documents submitted to Congress in support of the budget for the 
Department of Defense for each of the fiscal years 2004 and 2006, the 
Secretary shall include a force-structure plan for the Armed Forces 
based on an assessment by the Secretary of the probable threats to the 
national security during the six-year period beginning with the fiscal 
year for which the budget request is made and of the anticipated levels 
of funding that will be available for national defense purposes during 
such period.
    (2) Such plan shall include, without any reference (directly or 
indirectly) to military installations inside the United States that may 
be closed or realigned under such plan--
            (A) a description of the assessment referred to in 
        paragraph (1);
            (B) a description (i) of the anticipated force structure 
        during and at the end of such period for each military 
        department (with specifications of the number and type of units 
        in the active and reserve forces of each such department), and 
        (ii) of the units that will need to be forward based (with a 
        justification thereof) during and at the end of each such 
        period; and
            (C) a description of the anticipated implementation of such 
        force-structure plan.
    (3) The Secretary shall also transmit a copy of each such force-
structure plan to the Commission.
    (b) Selection Criteria.--(1) The Secretary shall, by no later than 
December 31, 2001, publish in the Federal Register and transmit to the 
congressional defense committees the criteria proposed to be used by 
the Department of Defense in making recommendations for the closure or 
realignment of military installations inside the United States under 
this part. The Secretary shall provide an opportunity for public 
comment on the proposed criteria for a period of at least 30 days and 
shall include notice of that opportunity in the publication required 
under the preceding sentence.
    (2)(A) The Secretary shall, by no later than February 15, 2002, 
publish in the Federal Register and transmit to the congressional 
defense committees the final criteria to be used in making 
recommendations for the closure or realignment of military 
installations inside the United States under this part. Except as 
provided in subparagraph (B), such criteria shall be the final criteria 
to be used, making such recommendations unless disapproved by a joint 
resolution of Congress enacted on or before March 31, 2002.
    (B) the Secretary may amend such criteria, but such amendments may 
not become effective until they have been published in the Federal 
Register, opened to public comment for at least 30 days, and then 
transmitted to the congressional defense committees in final form by no 
later than January 15 of the years concerned. Such amended criteria 
shall be the final criteria to be used, along with the force-structure 
plan referred to in subsection (a), in making such recommendations 
unless disapproved by a joint resolution of Congress enacted on or 
before February 15 of the year concerned.
    (c) Secretary of Defense Recommendations.--(1) The Secretary may, 
by no later than March 14, 2003, and May 16, 2005, publish in the 
Federal Register and transmit to the congressional defense committees 
and to the Commission a list of the military installations inside the 
United States that the Secretary recommends for closure or realignment 
on the basis of the force-structure plan and the final criteria 
referred to in subsection (b) that are applicable to the year 
concerned.
    (2) The Secretary shall include, with the list of recommendations 
published and transmitted pursuant to paragraph (1), a summary of the 
selection process that resulted in the recommendation for each 
installation, including a justification for each recommendation and an 
evaluation discussing each of the final selection criteria established 
pursuant to section 03(b). The Secretary shall transmit the matters 
referred to in the preceding sentence not later than 7 days after the 
date of the transmittal to the congressional defense committees and the 
Commission of the list referred to in paragraph (1).
    (3)(A) In considering military installations for closure or 
realignment, the Secretary shall consider all military installations 
inside the United States equally without regard to whether the 
installation has been previously considered or proposed for closure or 
realignment by the Department.
    (B) In considering military installations for closure or 
realignment, the Secretary may not take into account for any purpose 
any advance conversion planning undertaken by an affected community 
with respect to the anticipated closure or realignment of an 
installation.
    (C) For purposes of subparagraph (B), in the case of a community 
anticipating the economic effects of a closure or realignment of a 
military installation, advance conversion planning--
            (i) shall include community adjustment and economic 
        diversification planning undertaken by the community before an 
        anticipated selection of a military installation in or near the 
        community for closure or realignment; and
            (ii) may include the development of contingency 
        redevelopment plans, plans for economic development and 
        diversification, and plans for the joint use (including 
        civilian and military use, public and private use, civilian 
        dual use, and civilian shared use) of the property or 
        facilities of the installation after the anticipated closure or 
        realignment.
    (4) In addition to making all information used by the Secretary to 
prepare the recommendations under this subsection available to Congress 
(including any committee or member of Congress), the Secretary shall 
also make such information available to the Commission and the 
Comptroller General of the United States.
    (5)(A) Each person referred to in subparagraph (B), when submitting 
information to the Secretary of Defense or the Commission concerning 
the closure or realignment of a military installation, shall certify 
that such information is accurate and complete to the best of that 
person's knowledge and belief.
    (B) Subparagraph (A) applies to the following persons:
            (i) The Secretaries of the military departments.
            (ii) The heads of the Defense Agencies.
            (iii) Each person who is in a position the duties of which 
        include personal and substantial involvement in the preparation 
        and submission of information and recommendations concerning 
        the closure or realignment of military installations, as 
        designated in regulations which the Secretary of Defense shall 
        prescribe, regulations which the Secretary of each military 
        department shall prescribe for personnel within that military 
        department, or regulations which the head of each Defense 
        Agency shall prescribe for personnel within that Defense 
        Agency.
    (6) Any information provided to the Commission by a person 
described in paragraph (5)(B) shall also be submitted to the Senate and 
the House of Representatives to be made available to the Members of the 
House concerned in accordance with the rules of that House. The 
information shall be submitted to the Senate and House of 
Representatives within 48 hours after the submission of the information 
to the Commission.
    (d) Review and Recommendations by the Commission.--(1) After 
receiving the recommendations from the Secretary pursuant to subsection 
(c) for any year, the Commission shall conduct public hearings on the 
recommendations. All testimony before the Commission at a public 
hearing conducted under this paragraph shall be presented under oath.
    (2)(A) The Commission shall, by no later than July 7, 2003, and 
September 8, 2005, if the Secretary transmits recommendations to it 
pursuant to subsection (c), transmit to the President a report 
containing the Commission's findings and conclusions based on a review 
and analysis of the recommendations made by the Secretary, together 
with the Commission's recommendations for closures and realignments of 
military installations inside the United States.
    (B) subject to subparagraph (C), in making its recommendations, the 
Commission may make changes in any of the recommendations made by the 
Secretary if the Commission determines that the Secretary deviated 
substantially from the force-structure plan and final criteria referred 
to in subsection (c)(1) in making recommendations.
    (C) In the case of a change described in subparagraph (D) in the 
recommendations made by the Secretary, the Commission may make the 
change only if the Commission--
            (i) makes the determination required by subparagraph (B);
            (ii) determines that the change is consistent with the 
        force-structure plan and final criteria referred to in 
        subsection (c)(1);
            (iii) publishes a notice of the proposed change in the 
        Federal Register not less than 45 days before transmitting its 
        recommendations to the President pursuant to paragraph (2); and
            (iv) conducts public hearings on the proposed change.
    (D) Subparagraph (C) shall apply to a change by the Commission in 
the Secretary's recommendations that would--
            (i) add a military installation to the list of military 
        installations recommended by the Secretary for closure;
            (ii) add a military installation to the list of military 
        installations recommended by the Secretary for realignment; or
            (iii) increase the extent of a realignment of a particular 
        military installation recommended by the Secretary.
    (E) In making recommendations under this paragraph, the Commission 
may not take into account for any purpose any advance conversion 
planning undertaken by an affected community with respect to the 
anticipated closure or realignment of a military installation.
    (3) The Commission shall explain and justify in its report 
submitted to the President pursuant to paragraph (2) any recommendation 
made by the Commission that is different from the recommendations made 
by the Secretary pursuant to subsection (c). The Commission shall 
transmit a copy of such report to the congressional defense committees 
on the same date on which it transmits its recommendations to the 
President under paragraph (2).
    (4) After July 7, 2003 and September 8, 2005, if the Commission 
transmits recommendations to the President under this subsection, the 
Commission shall promptly provide, upon request, to any Member of 
Congress information used by the Commission in making its 
recommendations.
    (5) The Comptroller General of the United States shall--
            (A) assist the Commission, to the extent requested, in the 
        Commission's review and analysis of the recommendations made by 
        the Secretary pursuant to subsection (C); and
            (B) by no later than April 15, 2003 and June 17, 2005, if 
        the Secretary makes such recommendations, transmit to the 
        Congress and to the Commission a report containing a detailed 
        analysis of the Secretary's recommendations and selection 
        process.
    (e) Review by the President.--(1) The President shall, by no later 
than July 22, 2003, and September 23, 2005, if the Commission makes 
recommendations under subsection (d), transmit to the Commission and to 
the Congress a report containing the President's approval or 
disapproval of the Commission's recommendations.
    (2) If the President approves all the recommendations of the 
Commission, the President shall transmit a copy of such recommendations 
to the Congress, together with a certification of such approval.
    (3) If the President disapproves the recommendations of the 
Commission, in whole or in part, the President shall transmit to the 
Commission and the Congress the reasons for that disapproval. The 
Commission shall then transmit to the President, by no later than 
August 18, 2003, and October 20, 2005, a revised list of 
recommendations for the closure and realignment of military 
installations.
    (4) If the President approves all of the revised recommendations of 
the Commission transmitted to the President under paragraph (3), the 
President shall transmit a copy of such revised recommendations to the 
Congress, together with a certification of such approval.
    (5) If the President does not transmit to the Congress an approval 
and certification described in paragraph (2) or (4) by September 3, 
2003, and November 7, 2005, if the Commission has transmitted 
recommendations to the President under this part, the process by which 
military installations may be selected for closure or realignment under 
this part with respect to that year shall be terminated.

SEC. 1104. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.

    (a) In General.--Subject to subsection (b), the Secretary shall--
            (1) close all military installations recommended for 
        closure by the Commission in each report transmitted to the 
        Congress by the President pursuant to section 03(e);
            (2) realign all military installations recommended for 
        realignment by such Commission in each such report;
            (3) initiate all such closures and realignments no later 
        than two years after the date on which the President transmits 
        a report to the Congress pursuant to section 03(e) containing 
        the recommendations for such closures or realignments; and
            (4) complete all such closures and realignments no later 
        than the end of the six-year period beginning on the date on 
        which the President transmits the report pursuant to section 
        03(e) containing the recommendations for such closures or 
        realignments.
    (b) Congressional Disapproval.--(1) The Secretary may not carry out 
any closure or realignment recommended by the Commission in a report 
transmitted from the President pursuant to section 03(e) if a joint 
resolution is enacted, in accordance with the provisions of section 08, 
disapproving such recommendations of the Commission before the earlier 
of--
            (A) the end of the 45-day period beginning on the date on 
        which the President transmits such report; or
            (B) the adjournment of Congress sine die for the session 
        during which such report is transmitted.
    (2) For purposes of paragraph (1) of this subsection and 
subsections (a) and (c) of section 08, the days on which either House 
of Congress is not in session because of adjournment of more than three 
days to a day certain shall be excluded in the computation of a period.

SEC. 1105. IMPLEMENTATION.

    (a) In General.--(1) In closing or realigning any military 
installation under this part, the Secretary may--
            (A) take such actions as may be necessary to close or 
        realign any military installation, including the acquisition of 
        such land, the construction of such replacement facilities, the 
        performance of such activities, and the conduct of such advance 
        planning and design as may be required to transfer functions 
        from a military installation being closed or realigned to 
        another military installation, and may use for such purpose 
        funds in the Account or funds appropriated to the Department of 
        Defense for use in planning and design, minor construction, or 
        operation and maintenance;
            (B) provide--
                    (i) economic adjustment assistance to any community 
                located near a military installation being closed or 
                realigned, and
                    (ii) community planning assistance to any community 
                located near a military installation to which functions 
                will be transferred as a result of the closure or 
                realignment of a military installation,
        if the Secretary of Defense determines that the financial 
        resources available to the community (by grant or otherwise) 
        for such purposes are inadequate, and may use for such purposes 
        funds in the Account or funds appropriated to the Department of 
        Defense for economic adjustment assistance or community 
        planning assistance;
            (C) carry out activities for the purposes of environmental 
        restoration and mitigation at any such installation, and shall 
        use for such purpose funds in the Account.
            (D) provide outplacement assistance to civilian employees 
        employed by the Department of Defense at military installations 
        being closed or realigned, and may use for such purpose funds 
        in the Account or funds appropriated to the Department of 
        Defense for outplacement assistance to employees; and
            (E) reimburse other Federal agencies for actions performed 
        at the request of the Secretary with respect to any such 
        closure or realignment, and may use for such purpose funds in 
        the Account or funds appropriated to the Department of Defense 
        and available for such purpose.
    (2) In carrying out any closure or realignment under this part, the 
Secretary shall ensure that environmental restoration of any property 
made excess to the needs of the Department of Defense as a result of 
such closure or realignment be carried out as soon as possible with 
funds available for such purpose.
    (b) Management and Disposal of Property.--(1) The Administrator of 
General Services shall delegate to the Secretary of Defense, with 
respect to excess and surplus real property, facilities, and personal 
property located at a military installation closed or realigned under 
this part--
            (A) the authority of the Administrator to utilize excess 
        property under section 202 of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 483);
            (B) the authority of the Administrator to dispose of 
        surplus property under section 203 of that Act (40 U.S.C. 484);
            (C) the authority to dispose of surplus property for public 
        airports under sections 47151 through 47153 of title 49, United 
        States Code; and
            (D) the authority of the Administrator to determine the 
        availability of excess or surplus real property for wildlife 
conservation purposes in accordance with the Act of May 19, 1948 (16 
U.S.C. 667b).
    (2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5), 
and (6), the Secretary of Defense shall exercise the authority 
delegated to the Secretary pursuant to paragraph (1) in accordance 
with--
            (i) all regulations governing the utilization of excess 
        property and the disposal of surplus property under the Federal 
        Property and Administrative Services Act of 1949; and
            (ii) all regulations governing the conveyance and disposal 
        of property under section 13(g) of the Surplus Property Act of 
        1944 (50 U.S.C. App. 1622(g)).
    (B) The Secretary may, with the concurrence of the administrator of 
General Services--
            (i) prescribe general policies and methods for utilizing 
        excess property and disposing of surplus property pursuant to 
        the authority delegated under paragraph (1); and
            (ii) issue regulations relating to such policies and 
        methods, which shall supersede the regulations referred to in 
        subparagraph (A) with respect to that authority.
    (C) The Secretary of Defense may transfer real property or 
facilities located at a military installation to be closed or realigned 
under this part, with or without reimbursement, to a military 
department or other entity (including a nonappropriated fund 
instrumentality) within the Department of Defense or the Coast Guard.
    (D) Before any action may be taken with respect to the disposal of 
any surplus real property or facility located at any military 
installation to be closed or realigned under this part, the Secretary 
of Defense shall consult with the governor of the State and the heads 
of the local governments concerned for the purpose of considering any 
plan for the use of such property by the local community concerned.
    (3)(A) Not later than 6 months after the date of approval of the 
closure or realignment of a military installation under this part, the 
Secretary, in consultation with the redevelopment authority with 
respect to the installation, shall--
            (i) inventory Department of Defense personal property 
        located at the installation; and
            (ii) identify the items (or categories of items) of such 
        Department of Defense personal property that the Secretary 
        determines to be related to real property and anticipates will 
        support the implementation of the redevelopment plan with 
        respect to the installation.
    (B) If no redevelopment authority referred to in subparagraph (a) 
exists with respect to an installation, the Secretary shall consult 
with--
            (i) the local government in whose jurisdiction the 
        installation is wholly located; or
            (ii) a local government agency or State government agency 
        designated for the purpose of such consultation by the chief 
        executive officer of the State in which the installation is 
        located.
    (C)(i) Except as provided in subparagraphs (E) and (F), the 
Secretary may not carry out any of the activities referred to in clause 
(ii) with respect to an installation referred to in that clause until 
the earlier of--
            (I) one week after the date on which the redevelopment plan 
        for the installation is submitted to the Secretary;
            (II) the date on which the redevelopment authority notifies 
        the Secretary that it will not submit such a plan;
            (III) twenty-four months after the date of approval of the 
        closure or realignment of the installation; or
            (IV) ninety days before the date of the closure or 
        realignment of the installation.
    (ii) The activities referred to in clause (i) are activities 
relating to the closure or realignment of an installation to be closed 
or realigned under this part as follows:
            (I) The transfer from the installation of items of 
        Department of Defense personal property at the installation 
        identified in accordance with subparagraph (A).
            (II) The reduction in maintenance and repair of facilities 
        or equipment located at the installation below the minimum 
        levels required to support the use of such facilities or 
        equipment for nonmilitary purposes.
    (D) Except as provided in paragraph (4), the Secretary may not 
transfer items of Department of Defense personal property located at an 
installation to be closed or realigned under this part to another 
installation, or dispose of such items, if such items are identified in 
the redevelopment plan for the installation as items essential to the 
reuse or redevelopment of the installation. In connection with the 
development of the redevelopment plan for the installation, the 
Secretary shall consult with the entity responsible for developing the 
redevelopment plan to identify the items of personal property located 
at the installation, if any, that the entity desires to be retained at 
the installation for reuse or redevelopment of the installation.
    (E) This paragraph shall not apply to any Department of Defense 
personal property located at an installation to be closed or realigned 
under this part if the property--
            (i) is required for the operation of a unit, function, 
        component, weapon, or weapons system at another installation;
            (ii) is uniquely military in character, and is likely to 
        have no civilian use (other than use for its material content 
or as a source of commonly used components);
            (iii) is not required for the reutilization or 
        redevelopment of the installation (as jointly determined by the 
        Secretary and the redevelopment authority);
            (iv) is stored at the installation for purposes of 
        distribution (including spare parts or stock items); or
            (v)(I) meets known requirements of an authorized program of 
        another Federal department or agency for which expenditures for 
        similar property would be necessary, and
            (II) is the subject of a written request by the head of the 
        department or agency.
    (F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may 
carry out any activity referred to in subparagraph (C)(ii) or (D) of 
the Secretary determines that the carrying out of such activity is in 
the national security interest of the United States.
    (4)(A) The Secretary may transfer real property and Department of 
Defense personal property located at a military installation to be 
closed or realigned under this part to the redevelopment authority with 
respect to the installation for purposes of job generation on the 
installation.
    (B) For purposes of job generation on a military installation, the 
transfer of property of a military installation under subparagraph (A) 
shall be without consideration if the redevelopment authority with 
respect to the installation--
            (i) agrees that the proceeds from any sale or lease of the 
        property (or any portion thereof) received by the redevelopment 
        authority during at least the first seven years after the date 
        of the transfer under subparagraph (A) shall be used to support 
        the economic redevelopment of, or related to, the installation; 
        and
            (ii) executes the agreement for transfer of the property 
        and accepts control of the property within a reasonable time 
        after the date of the property disposal record of decision or 
        finding of no significant impact under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (C) For purposes of subparagraph (B), the use of proceeds from a 
sale or lease described in such subparagraph to pay for, or offset the 
costs of, public investment on or related to the installation for any 
of the following purposes shall be considered a use to support the 
economic redevelopment of, or related to, the installation:
            (i) Road construction.
            (ii) Transportation management facilities.
            (iii) Storm and sanitary sewer construction.
            (iv) Police and fire protection facilities and other public 
        facilities.
            (v) Utility construction.
            (vi) Building rehabilitation.
            (vii) Historic property preservation.
            (viii) Pollution prevention equipment or facilities.
            (ix) Demolition.
            (x) Disposal of hazardous materials generated by 
        demolition.
            (xi) Landscaping, grading, and other site or public 
        improvements.
            (xii) Planning for or the marketing of the development and 
        reuse of the installation.
    (D) The Secretary may recoup from a redevelopment authority such 
portion of the proceeds from a sale or lease described in subparagraph 
(B) as the Secretary determines appropriate if the redevelopment 
authority does not use the proceeds to support economic redevelopment 
of, or related to, the installation for the period specified in 
subparagraph (B).
    (E)(i) The Secretary may transfer real property at an installation 
approved for closure or realignment under this part (including property 
at an installation approved for realignment which will be retained by 
the Department of Defense or another Federal agency after realignment) 
to the redevelopment authority for the installation if the 
redevelopment authority agrees to lease, directly upon transfer, one or 
more portions of the property transferred under this subparagraph to 
the Secretary or to the head of another department or agency of the 
Federal Government. Subparagraph (B) shall apply to a transfer under 
this subparagraph.
    (ii) A lease under clause (i) shall be for a term of not to exeed 
50 years, but may provide for options for renewal or extension of the 
term by the department or agency concerned.
    (iii) A lease under clause (i) may not require rental payments by 
the United States.
    (iv) A lease under clause (i) shall include a provision specifying 
that if the department or agency concerned ceases requiring the use of 
the leased property before the expiration of the term of the lease, the 
remainder of the lease term may be satisfied by the same or another 
department or agency of the Federal Government using the property for a 
use similar to the use under the lease. Exercise of the authority 
provided by this clause shall be made in consultation with the 
redevelopment authority concerned.
            (F) The transfer of personal property under subparagraph 
        (A) shall not be subject to the provisions of sections 202 and 
        203 of the Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 483, 484) if the Secretary determines that the 
        transfer of such property is necessary for the effective 
        implementation of a redevelopment plan with respect to the 
        installation at which such property is located.
    (G) The provisions of section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)) shall apply to any transfer of real property under this 
paragraph.
    (H) The Secretary may require any additional terms and conditions 
in connection with a transfer under this paragraph as such Secretary 
considers appropriate to protect the interests of the United States.
    (5)(A) Except as provided in subparagraph (b), the Secretary shall 
take such actions as the Secretary determines necessary to ensure that 
final determinations under paragraph (1) regarding whether another 
department or agency of the Federal Government has identified a use for 
any portion of a military installation to be closed or realigned under 
this part, or will accept transfer of any portion of such installation, 
are made not later than 6 months after the date of approval of closure 
or realignment of that installation.
    (B) The Secretary may, in consultation with the redevelopment 
authority with respect to an installation, postpone making the final 
determinations referred to in subparagraph (A) with respect to the 
installation for such period as the Secretary determines appropriate if 
the Secretary determines that such postponement is in the best 
interests of the communities affected by the closure or realignment of 
the installation.
    (6)(A) The disposal of buildings and property located at 
installations approved for closure or realignment under this part shall 
be carried out in accordance with this paragraph.
    (B)(i) Not later than the date on which the Secretary of Defense 
completes the final determinations referred to in paragraph (5) 
relating to the use or transferability of any portion of an 
installation covered by this paragraph, the Secretary shall--
            (I) identify the buildings and property at the installation 
        for which the Department of Defense has a use, for which 
        another department or agency of the Federal Government has 
        identified a use, or of which another department or agency will 
        accept a transfer;
            (II) take such actions as are necessary to identify any 
        building or property at the installation not identified under 
        subclause (I) that is excess property or surplus property;
            (III) submit to the Secretary of Housing and Urban 
        Development and to the redevelopment authority for the 
        installation (or the chief executive officer of the State in 
        which the installation is located if there is no redevelopment 
        authority for the installation at the completion of the 
        determination described in the stem of this sentence) 
        information on any building or property that is identified 
        under subclause (II); and
            (IV) publish in the Federal Register and in a newspaper of 
        general circulation in the communities in the vicinity of the 
        installation information on the buildings and property 
        identified under subclause (II).
    (ii) Upon the recommendation of a redevelopment authority for an 
installation covered by this paragraph, the Secretary of Defense shall 
publish in the Federal Register and in a newspaper of general 
circulation in the communities in the vicinity of the installation 
information on the redevelopment authority.
    (C)(i) State and local governments, representatives of the 
homeless, and other interested parties located in the communities in 
the vicinity of an installation covered by this paragraph shall submit 
to the redevelopment authority for the installation a notice of the 
interest, if any, of such governments, representatives, and parties in 
the buildings or property, or any portion thereof, at the installation 
that are identified under subparagraph (B)(i)(II). A notice of interest 
under this clause shall describe the need of the government, 
representative, or party concerned for the buildings or property 
covered by the notice.
    (ii) The redevelopment authority for an installation shall assist 
the governments, representatives, and parties referred to in clause (i) 
in evaluating buildings and property at the installation for purposes 
of this subparagraph.
    (iii) In providing assistance under clause (ii), a redevelopment 
authority shall--
            (I) consult with representatives of the homeless in the 
        communities in the vicinity of the installation concerned; and
            (II) undertake outreach efforts to provide information on 
        the buildings and property to representatives of the homeless, 
        and to other persons or entities interested in assisting the 
        homeless, in such communities.
    (iv) It is the sense of Congress that redevelopment authorities 
should begin to conduct outreach efforts under clause (iii)(II) with 
respect to an installation as soon as is practicable after the date of 
approval of closure or realignment of the installation.
    (D)(i) State and local governments, representatives of the 
homeless, and other interested parties shall submit a notice of 
interest to a redevelopment authority under subparagraph (C) not later 
than the date specified for such notice by the redevelopment authority.
    (ii) The date specified under clause (i) shall be--
            (I) in the case of an installation for which a 
        redevelopment authority has been recognized as of the date of 
        the completion of the determinations referred to in paragraph 
        (5), not earlier than 3 months and not later than 6 months 
        after the date of publication of such determination in a 
        newspaper of general circulation in the communities in the 
        vicinity of the installation, as required by section 
05(b)(6)(D)(iii)(I); and
            (II) in the case of an installation for which a 
        redevelopment authority is not recognized as of such date, not 
        earlier than 3 months and not later than 6 months after the 
        date of the recognition of a redevelopment authority for the 
        installation.
    (iii) Upon specifying a date for an installation under this 
subparagraph, the redevelopment authority for the installation shall--
            (I) publish the date specified and other requirements of 
        purposes of submitting notices of interest in a newspaper of 
        general circulation in the communities in the vicinity of the 
        installation concerned; and
            (II) notify the Secretary of Defense of the date.
    (E)(i) In submitting to a redevelopment authority under 
subparagraph (C) a notice of interest in the use of buildings or 
property at an installation to assist the homeless, a representative of 
the homeless shall submit the following:
            (I) A description of the homeless assistance program that 
        the representative proposes to carry out at the installation.
            (II) An assessment of the need for the program.
            (III) A description of the extent to which the program is 
        or will be coordinated with other homeless assistance programs 
        in the communities in the vicinity of the installation.
            (IV) A description of the buildings and property at the 
        installation that are necessary in order to carry out the 
        program.
            (V) A description of the financial plan, the organization, 
        and the organizational capacity of the representative to carry 
        out the program.
            (VI) An assessment of the time required in order to 
        commence carrying out the program.
    (ii) A redevelopment authority may not release to the public any 
information submitted to the redevelopment authority under clause 
(i)(V) without the consent of the representative of the homeless 
concerned unless such release is authorized under Federal law and under 
the law of the State and communities in which the installation 
concerned is located.
    (F)(i) The redevelopment authority for each installation covered by 
this paragraph shall prepare a redevelopment plan for the installation. 
The redevelopment authority shall, in preparing the plan, consider the 
interests in the use to assist the homeless of the buildings and 
property at the installation that are expressed in the notices 
submitted to the redevelopment authority under subparagraph (C).
    (ii)(I) In connection with a redevelopment plan for an 
installation, a redevelopment authority and representatives of the 
homeless shall prepare legally binding agreements that provide for the 
use to assist the homeless of buildings and property, resources, and 
assistance on or off the installation. The implementation of such 
agreements shall be contingent upon the decision regarding the disposal 
of the buildings and property covered by the agreements by the 
Secretary of Defense under subparagraph (K) or (L).
    (II) Agreements under this clause shall provide for the reversion 
to the redevelopment authority concerned, or to such other entity or 
entities as the agreements shall provide, of buildings and property 
that are made available under this paragraph for use to assist the 
homeless in the event that such buildings and property cease being used 
for that purpose.
    (iii) A redevelopment authority shall provide opportunity for 
public comment on a redevelopment plan before submission of the plan to 
the Secretary of Defense and the Secretary of Housing and Urban 
Development under subparagraph (G).
    (iv) A redevelopment authority shall complete preparation of a 
redevelopment plan for an installation and submit the plan under 
subparagraph (G) not later than 9 months after the date specified by 
the redevelopment authority for the installation under subparagraph 
(D).
    (G)(i) Upon completion of a redevelopment plan under subparagraph 
(F), a redevelopment authority shall submit an application containing 
the plan to the Secretary of Defense and to the Secretary of Housing 
and Urban Development.
    (ii) A redevelopment authority shall include in an application 
under clause (i) the following:
            (I) A copy of the redevelopment plan, including a summary 
        of any public comments on the plan received by the 
        redevelopment authority under subparagraph (F)(iii).
            (II) A copy of each notice of interest of use of buildings 
        and property to assist the homeless that was submitted to the 
        redevelopment authority under subparagraph (C), together with a 
        description of the manner, if any, in which the plan addresses 
        the interest expressed in each such notice and, if the plan 
        does not address such an interest, an explanation why the plan 
        does not address the interest.
            (III) A summary of the outreach undertaken by the 
        redevelopment authority under subparagraph (C)(iii)(II) in 
        preparing the plan.
            (IV) A statement identifying the representatives of the 
        homeless and the homeless assistance planning boards, if any, 
        with which the redevelopment authority consulted in preparing 
        the plan, and the results of such consultations.
            (V) An assessment of the manner in which the redevelopment 
        plan balances the expressed needs of the homeless and the need 
of the communities in the vicinity of the installation for economic 
redevelopment and other development.
            (VI) Copies of the agreements that the redevelopment 
        authority proposes to enter into under subparagraph (F)(ii).
    (H)(i) Not later than 60 days after receiving a redevelopment plan 
under subparagraph (G), the Secretary of Housing and Urban Development 
shall complete a review of the plan. The purpose of the review is to 
determine whether the plan, with respect to the interest and requests 
of representatives of the homeless--
            (I) takes into consideration the size and nature of the 
        homeless population in the communities in the vicinity of the 
        installation, the availability of existing services in such 
        communities to meet the needs of the homeless in such 
        communities, and the suitability of the buildings and property 
        covered by the plan for the use and needs of the homeless in 
        such communities;
            (II) takes into consideration any economic impact of the 
        homeless assistance under the plan on the communities in the 
        vicinity of the installation;
            (III) balances in an appropriate manner the needs of the 
        communities in the vicinity of the installation for economic 
        redevelopment and other development with the needs of the 
        homeless in such communities;
            (IV) was developed in consultation with representatives of 
        the homeless and the homeless assistance planning boards, if 
        any, in the communities in the vicinity of the installation; 
        and
            (V) specifies the manner in which buildings and property, 
        resources, and assistance on or off the installation will be 
        made available for homeless assistance purposes.
    (ii) It is the sense of Congress that the Secretary of Housing and 
Urban Development shall, in completing the review of a plan under this 
subparagraph, take into consideration and be receptive to the 
predominant views on the plan of the communities in the vicinity of the 
installation covered by the plan.
    (iii) The Secretary of Housing and Urban Development may engage in 
negotiations and consultations with a redevelopment authority before or 
during the course of a review under clause (i) with a view toward 
resolving any preliminary determination of the Secretary that a 
redevelopment plan does not meet a requirement set forth in that 
clause. The redevelopment authority may modify the redevelopment plan 
as a result of such negotiations and consultations.
    (iv) Upon completion of a review of a redevelopment plan under 
clause (i), the Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under that clause.
    (v) If the Secretary of Housing and Urban Development determines as 
a result of such a review that a redevelopment plan does not meet the 
requirements set forth in clause (i), a notice under clause (iv) shall 
include--
            (I) an explanation of that determination; and
            (II) a statement of the actions that the redevelopment 
        authority must undertake in order to address that 
        determination.
    (I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a 
determination that a redevelopment plan does not meet a requirement set 
forth in subparagraph (H)(i), a redevelopment authority shall have the 
opportunity to--
            (I) revise the plan in order to address the determination; 
        and
            (II) submit the revised plan to the Secretary of Defense 
        and the Secretary of Housing and Urban Development.
    (ii) A redevelopment authority shall submit a revised plan under 
this subparagraph to such Secretaries, if at all, not later than 90 
days after the date on which the redevelopment authority receives the 
notice referred to in clause (i).
    (J)(i) Not later than 30 days after receiving a revised 
redevelopment plan under subparagraph (I), the Secretary of Housing and 
Urban Development shall review the revised plan and determine if the 
plan meets the requirements set forth in subparagraph (H)(i).
    (ii) The Secretary of Housing and Urban Development shall notify 
the Secretary of Defense and the redevelopment authority concerned of 
the determination of the Secretary of Housing and Urban Development 
under this subparagraph.
    (K)(i) Upon receipt of a notice under subparagraph (H)(iv) or 
(J)(ii) of the determination of the Secretary of Housing and Urban 
Development that a redevelopment plan for an installation meets the 
requirements set forth in subparagraph (H)(i), the Secretary of Defense 
shall dispose of the buildings and property at the installation.
    (ii) For purposes of carrying out an environmental assessment of 
the closure or realignment of an installation, the Secretary of Defense 
shall treat the redevelopment plan for the installation (including the 
aspects of the plan providing for disposal to State or local 
governments, representatives of the homeless, and other interested 
parties) as part of the proposed Federal action for the installation.
    (iii) The Secretary of Defense shall dispose of buildings and 
property under clause (i) in accordance with the record of decision or 
other decision document prepared by the Secretary in accordance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). 
In preparing the record of decision or other decision document, the 
Secretary shall give substantial deference to the redevelopment plan 
concerned.
    (iv) The disposal under clause (i) of buildings and property to 
assist the homeless shall be without consideration.
    (v) In the case of a request for a conveyance under clause (i) of 
buildings and property for public benefit under section 203(k) of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484(k)) or sections 47151 through 47153 of title 49, United States 
Code, the sponsoring Federal agency shall use the eligibility criteria 
set forth in such section or such subchapter (as the case may be) to 
determine the eligibility of the applicant and use proposed in the 
request for the public benefit conveyance.
    (L)(i) If the Secretary of Housing and Urban Development determines 
under subparagraph (J) that a revised redevelopment plan for an 
installation does not meet the requirements set forth in subparagraph 
(H)(i), or if no revised plan is so submitted, that Secretary shall--
            (I) review the original redevelopment plan submitted to 
        that Secretary under subparagraph (G), including the notice or 
        notices of representatives of the homeless referred to in 
        clause (ii)(II) of that subparagraph;
            (II) consult with the representatives referred to in 
        subclause (I), if any, for purposes of evaluating the 
        continuing interest of such representatives in the use of 
        buildings or property at the installation to assist the 
        homeless;
            (III) request that each such representative submit to that 
        Secretary the items described in clause (ii); and
            (IV) based on the actions of that Secretary under 
        subclauses (I) and (II), and on any information obtained by 
        that Secretary as a result of such actions, indicate to the 
        Secretary of Defense the buildings and property at the 
        installation that meet the requirements set forth in 
        subparagraph (H)(i).
    (ii) The Secretary of Housing and Urban Development may request 
under clause (i)(III) that a representative of the homeless submit to 
that Secretary the following:
            (I) A description of the program of such representative to 
        assist the homeless.
            (II) A description of the manner in which the buildings and 
        property that the representative proposes to use for such 
        purpose will assist the homeless.
            (III) Such information as that Secretary requires in order 
        to determine the financial capacity of the representative to 
        carry out the program and to ensure that the program will be 
        carried out in compliance with Federal environmental law and 
        Federal law against discrimination.
            (IV) Such information as the Secretary requires in order to 
        determine that police services, fire protection services, and 
        water and sewer services available in the communities in the 
        vicinity of the installation concerned are adequate for the 
        program.
    (iii) Not later than 90 days after the date of the receipt of a 
revised plan for an installation under subparagraph (J), the Secretary 
of Housing and Urban Development shall--
            (I) notify the Secretary of Defense and the redevelopment 
        authority concerned of the buildings and property at an 
        installation under clause (i)(IV) that the Secretary of Housing 
        and Urban Development determines are suitable for use to assist 
        the homeless; and
            (II) notify the Secretary of Defense of the extent to which 
        the revised plan meets the criteria set forth in subparagraph 
        (H)(i).
    (iv)(I) Upon notice from the Secretary of Housing and Urban 
Development with respect to an installation under clause (iii), the 
Secretary of Defense shall dispose of buildings and property at the 
installation in consultation with the Secretary of Housing and Urban 
Development and the redevelopment authority concerned.
    (II) For purposes of carrying out an environmental impact analysis 
of the closure or realignment of an installation, the Secretary of 
Defense shall treat the redevelopment plan submitted by the 
redevelopment authority for the installation (including the aspect of 
the plan providing for disposal to State or local governments, 
representatives of the homeless, and other interested parties) as an 
alternative to be analyzed in the environmental impact analysis. The 
Secretary of Defense shall incorporate the notification of the 
Secretary of Housing and Urban Development under clause (iii)(I) as 
part of the proposed Federal action for the installation only to the 
extent, if any, that the Secretary of Defense considers such 
incorporation to be appropriate and consistent with the best and 
highest use of the installation as a whole, taking into consideration 
the redevelopment plan submitted by the redevelopment authority.
    (III) The Secretary of Defense shall dispose of buildings and 
property under subclause (I) in accordance with the record of decision 
or other decision document prepared by the Secretary in accordance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). 
In preparing the record of decision or other decision document, the 
Secretary shall give deference to the redevelopment plan submitted by 
the redevelopment authority for the installation.
    (IV) The disposal under subclause (I) of buildings and property to 
assist the homeless shall be without consideration.
    (V) In the case of a request for a conveyance under subclause (I) 
of buildings and property for public benefit under section 203(k) of 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484(k)) or sections 47151 through 47153 of title 49, United States 
Code, the sponsoring Federal agency shall use the eligibility criteria 
set forth in such section or such subchapter (as the case may be) to 
determine the eligibility of the applicant and use proposed in the 
request for the public benefit conveyance.
    (M)(i) In the event of the disposal of buildings and property of an 
installation pursuant to subparagraph (K) or (L), the redevelopment 
authority for the installation shall be responsible for the 
implementation of and compliance with agreements under the 
redevelopment plan described in that subparagraph for the installation.
    (ii) If a building or property reverts to a redevelopment authority 
under such an agreement, the redevelopment authority shall take 
appropriate actions to secure, to the maximum extent practicable, the 
utilization of the building or property by other homeless 
representatives to assist the homeless. A redevelopment authority may 
not be required to utilize the building or property to assist the 
homeless.
    (N) The Secretary of Defense may postpone or extend any deadline 
provided for under this paragraph in the case of an installation 
covered by this paragraph for such period as the Secretary considers 
appropriate if the Secretary determines that such postponement is in 
the interests of the communities affected by the closure or realignment 
of the installation. The Secretary shall make such determinations in 
consultation with the redevelopment authority concerned and, in the 
case of deadlines provided for under this paragraph with respect to the 
Secretary of Housing and Urban Development, in consultation with the 
Secretary of Housing and Urban Development.
    (O) For purposes of this paragraph, the term ``communities in the 
vicinty of the installation'', in the case of an installation, means 
the communities that constitute the political jurisdictions (other than 
the State in which the installation is located) that comprise the 
redevelopment authority for the installation.
    (P) For purposes of this paragraph, the term ``other interested 
parties'', in the case of an installation, includes any parties 
eligible for the conveyance of property of the installation under 
section 203(k) of the Federal Property and Administrative Services Act 
of 1949 (40 U.S.C. 484(k)) or sections 47151 through 47153 of title 49, 
United States Code, whether or not the parties assist the homeless.
    (7)(A) Subject to subparagraph (C), the Secretary may enter into 
agreements (including contracts, cooperative agreements, or other 
arrangements for reimbursement) with local governments for the 
provision of police or security services, fire protection services, 
airfield operation services, or other community services by such 
governments at military installations closed or to be closed or 
realigned or to be realigned, under this part, if the Secretary 
determines that the provision of such services under such agreements is 
in the best interests of the Department of Defense.
    (B) The Secretary may exercise the authority provided under this 
paragraph without regard to the provisions of chapter 146 of title 10, 
United States Code.
    (C) The Secretary may not exercise the authority under subparagraph 
(A) with respect to an installation earlier than 180 days before the 
date on which the installation is to be closed.
    (D) The Secretary shall include in a contract for services entered 
into with a local government under this paragraph a clause that 
requires the use of professionals to furnish the services to the extent 
that professionals are available in the area under the jurisdiction of 
such government.
    (c) Applicability of National Environmental Policy Act of 1969.--
(1) The provisions of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall not apply to the actions of the Commission, 
and, except as provided in paragraph (2), the Department of Defense in 
carrying out this part.
    (2)(A) The provisions of the National Environmental Policy Act of 
1969 shall apply to actions of the Department of Defense under this 
part (i) during the process of property disposal, and (ii) during the 
process of relocating functions from a military installation being 
closed or realigned to another military installation after the 
receiving installation has been selected but before the functions are 
relocated.
    (B) In applying the provisions of the National Environmental Policy 
Act of 1969 to the processes referred to in subparagraph (A), the 
Secretary of Defense and the Secretary of the military departments 
concerned shall not have to consider--
            (i) the need for closing or realigning the military 
        installation which has been recommended for closure or 
        realignment by the Commission;
            (ii) the need for transferring functions to any military 
        installation which has been selected as the receiving 
        installation; or
            (iii) military installations alternative to those 
        recommended or selected.
    (3) A civil action for judicial review, with respect to any 
requirement of the National Environmental Policy Act of 1969 to the 
extent such Act is applicable under paragraph (2), of any act or 
failure to act by the Department of Defense during the closing, 
realigning, or relocating of functions referred to in clauses (i) and 
(ii) of paragraph (2)(A), may not be brought more than 60 days after 
the date of such act or failure to act.
    (d) Waiver.--The Secretary of Defense may close or realign military 
installations under this part without regard to--
            (1) any provision of law restricting the use of funds for 
        closing or realigning military installations included in any 
        appropriations or authorization Act; and
            (2) sections 2662 and 2687 of title 10, United States Code.
    (e) Transfer Authority in Connection With Payment of Environmental 
Remediation Costs.--(1)(A) Subject to paragraph (2) of this subsection 
and section 120(h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the 
Secretary may enter into an agreement to transfer by deed real property 
or facilities referred to in subparagraph (B) with any person who 
agrees to perform all environmental restoration, waste management, and 
environmental compliance activities that are required for the property 
or facilities under Federal and State laws, administrative decisions, 
agreements (including schedules and milestones), and concurrences.
    (B) The real property and facilities referred to in subparagraph 
(A) are the real property and facilities located at an installation 
closed or to be closed or realigned or to be realigned under this part 
that are available exclusively for the use, or expression of an 
interest in a use, of a redevelopment authority under subsection 
(b)(6)(F) during the period provided for that use, or expression of 
interest in use, under that subsection.
    (C) The Secretary may require any additional terms and conditions 
in connection with an agreement authorized by subparagraph (A) as the 
Secretary considers appropriate to protect the interests of the United 
States.
    (2) A transfer of real property or facilities may be made under 
paragraph (1) only if the Secretary certifies to Congress that--
            (A) the costs of all environmental restoration, waste 
        management, and environmental compliance activities to be paid 
        by the recipient of the property or facilities are equal to or 
        greater than the fair market value of the property or 
        facilities to be transferred, as determined by the Secretary; 
        or
            (B) if such costs are lower than the fair market value of 
        the property or facilities, the recipient of the property or 
        facilities agrees to pay the difference between the fair market 
        value and such costs.
    (3) As part of an agreement under paragraph (1), the Secretary 
shall disclose to the person to whom the property or facilities will be 
transferred any information of the Secretary regarding the 
environmental restoration, waste management, and environmental 
compliance activities described in paragraph (1) that relate to the 
property or facilities. The Secretary shall provide such information 
before entering into the agreement.
    (4) Nothing in this subsection shall be construed to modify, alter, 
or amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.).
    (5) Section 330 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall not 
apply to any transfer under this subsection to persons or entities 
described in subsection (a)(2) of such section 330.
    (f) Transfer Authority in Connection With Construction or Provision 
of Military Family Housing.--(1) Subject to paragraph (2), the 
Secretary may enter into an agreement to transfer by deed real property 
or facilities located at or near an installation closed or to be 
closed, or realigned or to be realigned, under this part with any 
person who agrees, in exchange for the real property or facilities, to 
transfer to the Secretary housing units that are constructed or 
provided by the person and located at or near a military installation 
at which there is a shortage of suitable housing to meet the 
requirements of members of the Armed Forces and their dependents. The 
Secretary may not select real property for transfer under this 
paragraph if the property is identified in the redevelopment plan for 
the installation as property essential to the reuse or redevelopment of 
the installation.
    (2) A transfer of real property or facilities may be made under 
paragraph (1) only if--
            (A) the fair market value of the housing units to be 
        received by the Secretary in exchange for the property or 
        facilities to be transferred is equal to or greater than the 
        fair market value of such property or facilities, as determined 
        by the Secretary; or
            (B) in the event the fair market value of the housing units 
        is less than the fair market value of property or facilities to 
        be transferred, the recipient of the property or facilities 
        agreed to pay to the Secretary the amount equal to the excess 
        of the fair market value of the property or facilities over the 
        fair market value of the housing units.
    (3) Notwithstanding paragraph (2) of section 06(a), the Secretary 
may deposit funds received under paragraph (2)(B) in the Department of 
Defense Family Housing Improvement Fund established under section 
2873(a) of title 10, United States Code.
    (4) The Secretary shall submit to the congressional defense 
committees a report describing each agreement proposed to be entered 
into under paragraph (1), including the consideration to be received by 
the United States under the agreement. The Secretary may not enter into 
the agreement until the end of the 30-day period beginning on the date 
the congressional defense committees receive the report regarding the 
agreement.
    (5) The Secretary may require any additional terms and conditions 
in connection with an agreement authorized by this subsection as the 
Secretary considers appropriate to protect the interests of the United 
States.
    (g) Acquisition of Manufactured Housing.--(1) In closing or 
realigning any military installation under this part, the Secretary may 
purchase any or all right, title, and interest of a member of the Armed 
Forces and any spouse of the member in manufactured housing located at 
a manufactured housing park established at an installation closed or 
realigned under this part, or make a payment to the member to relocate 
the manufactured housing to a suitable new site, if the Secretary 
determines that--
            (A) it is in the best interest of the Federal Government to 
        eliminate or relocate the manufactured housing park; and
            (B) the elimination or relocation of the manufactured 
        housing park would result in an unreasonable financial hardship 
        to the owners of the manufactured housing.
    (2) Any payment made under this subsection shall not exceed 90 
percent of the purchase price of the manufactured housing, as paid by 
the member or any spouse of the member, plus the cost of any permanent 
improvements subsequently made to the manufactured housing by the 
member or spouse of the member.
    (3) The Secretary shall dispose of manufactured housing acquired 
under this subsection through resale, donation, trade or otherwise 
within one year of acquisition.

SEC. 1106. ACCOUNT.

    (a) In General.--(1) There is hereby established on the books of 
the Treasury an account to be known as the ``Department of Defense Base 
Closure Account 2000'' which shall be administered by the Secretary as 
a single account.
    (2) There shall be deposited into the Account--
            (A) funds authorized for and appropriated to the Account;
            (B) any funds that the Secretary may, subject to approval 
        in an appropriation Act, transfer to the Account from funds 
        appropriated to the Department of Defense for any purpose, 
        except that such funds may be transferred only after the date 
        on which the Secretary transmits written notice of, and 
        justification for, such transfer to the congressional defense 
        committees; and
            (C) except as provided in subsection (d), proceeds received 
        from the lease, transfer, or disposal of any property at a 
        military installation closed or realigned under this Act.
    (3) The Account shall be closed at the time and in the manner 
provided for appropriation accounts under section 1555 of title 31, 
United States Code. Unobligated funds which remain in the Account upon 
closure shall be held by the Secretary of the Treasury until 
transferred by law after the congressional defense committees receive 
the final report transmitted under subsection (c)(2).
    (b) Use of Funds.--(1) The Secretary may use the funds in the 
Account only for the purposes described in section 05. After the 
termination of the authority of the Secretary to carry out a closure or 
realignment under this Act, the Account shall be the sole source of 
Federal funds for environmental restoration, property management, and 
other caretaker costs associated with any real property at military 
installations closed or realigned under this Act.
    (2) When a decision is made to use funds in the Account to carry 
out a construction project under section 05(a) and the cost of the 
project will exceed the maximum amount authorized by law for a minor 
military construction project, the Secretary shall notify in writing 
the congressional defense committees of the nature of, and 
justification for, the project and the amount of expenditures for such 
project. Any such construction project may be carried out without 
regard to section 2802(a) of title 10, United States Code.
    (c) Reports.--(1)(A) No later than 60 days after the end of each 
fiscal year in which the Secretary carries out activities under this 
Act, the Secretary shall transmit a report to the congressional defense 
committees of the amount and nature of the deposits into, and the 
expenditures from, the Account during such fiscal year and of the 
amount and nature of other expenditures made pursuant to section 05(a) 
during such fiscal year.
    (B) The report for a fiscal year shall include the following:
            (i) The obligations and expenditures from the Account 
        during the fiscal year, identified by subaccount, for each 
        military department and Defense Agency.
            (ii) The fiscal year in which appropriations for such 
        expenditures were made and the fiscal year in which funds were 
        obligated for such expenditures.
            (iii) Each military construction project for which such 
        obligations and expenditures were made, identified by 
        installation and project title.
            (iv) A description and explanation of the extent, if any, 
        to which expenditures for military construction projects for 
        the fiscal year differed from proposals for projects and 
        funding levels that were included in the justification 
        transmitted to Congress under section 07(1), or otherwise, for 
        the funding proposals for the Account for such fiscal year, 
        including an explanation of--
                    (I) any failure to carry out military construction 
                projects that were so proposed; and
                    (II) any expenditures for military construction 
                projects that were not so proposed.
    (2) No later than 60 days after the termination of the authority of 
the Secretary to carry out a closure or realignment under this Act, and 
no later than 60 days after the closure of the Account under subsection 
(a)(3), the Secretary shall transmit to the congressional defense 
committees a report containing an accounting of--
            (A) all the funds deposited into and expended from the 
        Account or otherwise expended under this Act; and
            (B) any amount remaining in the Account.
    (d) Disposal or Transfer of Commissary Stores and Property 
Purchased With Nonappropriated Funds.--(1) If any real property or 
facility acquired, constructed, or improved (in whole or in part) with 
commissary store funds or nonappropriated funds is transferred or 
disposed of in connection with the closure or realignment of a military 
installation under this Act, a portion of the proceeds of the transfer 
or other disposal of property on that installation shall be deposited 
in the reserve account established under section 204(b)(7)(C) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note).
    (2) The amount so deposited shall be equal to the depreciated value 
of the investment made with such funds in the acquisition, 
construction, or improvement of that particular real property or 
facility. The depreciated value of the investment shall be computed in 
accordance with regulations prescribed by the Secretary of Defense.
    (3) The Secretary may use amounts in the account (in such an 
aggregate amount as is provided in advance in appropriation Acts) for 
the purpose of acquiring, constructing, and improving--
            (A) commissary stores; and
            (B) real property and facilities for nonappropriated fund 
        instrumentalities.
    (4) As used in this subsection:
            (A) The term ``commissary store funds'' means funds 
        received from the adjustment of, or surcharge on, selling 
        prices at commissary stores fixed under section 2685 of title 
        10, United States Code.
            (B) The term ``nonappropriated funds'' means funds received 
        from a nonappropriated fund instrumentality.
            (C) The term ``nonappropriated fund instrumentality'' means 
        an instrumentality of the United States under the jurisdiction 
        of the Armed Forces (including the Army and Air Force Exchange 
        Service, the Navy Resale and Services Support Office, and the 
        Marine Corps exchanges) which is conducted for the comfort, 
        pleasure, contentment, or physical or mental improvement of 
        members of the Armed Forces.
    (e) Account Exclusive Source of Funds for Environmental Restoration 
Projects.--Except for funds deposited into the Account under subsection 
(a), funds appropriated to the Department of Defense may not be used 
for purposes described in section 05(a)(1)(C). The prohibition in this 
subsection shall expire upon the closure of the Account under 
subsection (a)(3.)

SEC. 1107. REPORTS.

    As part of the budget request for the Department of Defense for 
fiscal year 2005 and for each fiscal year thereafter in which the 
Secretary carries out activities under this part, the Secretary shall 
transmit to the congressional defense committees of Congress--
            (1) a schedule of the closure and realignment actions to be 
        carried out under this part in the fiscal year for which the 
        request is made and an estimate of the total expenditures 
        required and cost savings to be achieved by such closure and 
        realignment and of the time period in which these savings are 
        to be achieved in each case, together with the Secretary's 
        assessment of the environmental effects of such actions; and
            (2) a description of the military installations, including 
        those under construction and those planned for construction, to 
        which functions are to be transferred as a result of such 
        closures and realignments, together with the Secretary's 
        assessment of the environmental effects of such transfers.

SEC. 1108. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Terms of the Resolution.--For purposes of section 04(b), the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which the 
President transmits the report to the Congress under section 03(e), 
and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress disapproves the recommendations of the 
        Defense Base Closure and Realignment Commission as submitted by 
        the President on ______'', the blank space being filled in with 
        the appropriate date; and
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the Defense Base Closure 
        and realignment Commission.''.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Armed Services of the House of Representatives. A 
resolution described in subsection (a) introduced in the Senate shall 
be referred to the Committee on Armed Services of the Senate.
    (c) Discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported such a resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the President transmits the report to Congress under 
section 03(e), such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (d) Consideration.--(1) On or after the third day after the date on 
which the committee to which such a resolution is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a resolution, it is in order (even though a 
previous motion to the same effect has been disagreed to) for any 
Member of the respective House to move to proceed to the consideration 
of the resolution. A member may make the motion only on the day after 
the calendar day on which the Member announces to the House concerned 
the Member's intention to make the motion, except that, in the case of 
the House of Representatives, the motion may be made without such prior 
announcement if the motion is made by direction of the committee to 
which the resolution was referred. The motion is highly privileged in 
the House of Representatives and is privileged in the Senate and is not 
debatable. The motion is not subject to amendment, or to a motion to 
postpone, or to a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the motion is agreed 
to or disagreed to shall not be in order. If a motion to proceed to the 
consideration of the resolution is agreed to, the respective House 
shall immediately proceed to consideration of the joint resolution 
without intervening motion, order, or other business, and the 
resolution shall remain the unfinished business of the respective House 
until disposed of.
    (2) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 2 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. An amendment to the resolution is not in 
order. A motion further to limit debate is in order and not debatable. 
A motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the resolution is not in order. 
A motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order.
    (3) Immediately following the conclusion of the debate on a 
resolution described in subsection (a) and a single quorum call at the 
conclusion of the debate if requested in accordance with the rules of 
the appropriate House, the vote on final passage of the resolution 
shall occur.
    (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution described 
in subsection (a) shall be decided with out debate.
    (e) Consideration by Other House.--(1) If, before the passage by 
one House of a resolution of that House described in subsection (a), 
that House receives from the other House a resolution described in 
subsection (a), then the following procedures shall apply:
            (A) The resolution of the other House shall not be referred 
        to a committee and may not be considered in the House receiving 
        it except in the case of final passage as provided in 
        subparagraph (B)(ii).
            (B) With respect to a resolution described in subsection 
        (a) of the House receiving the resolution--
                    (i) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    (ii) the vote on final passage shall be on the 
                resolution of the other House.
    (2) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
        (a), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 1109. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.

    (a) In General.--Except as provided in subsection (c), during the 
period beginning on the date of the enactment of this Act and ending on 
December 31, 2005, this part shall be the exclusive authority for 
selecting for closure or realignment, or for carryiny out any closure 
or realignment of, military installation inside the United States.
    (b) Restriction.--Except as provided in subsection (c), none of the 
funds available to the Department of Defense may be used, other than 
under this part, during the period specified in subsection (a)--
            (1) to identify, through any transmittal to the Congress or 
        through any other public announcement or notification, any 
        military installation inside the United States as an 
        installation to be closed or realigned or as an installation 
        under consideration for closure or realignment; or
            (2) to carry out any closure or realignment of a military 
        installation inside the United States.
    (c) Exception.--Nothing in this part affects the authority of the 
Secretary to carry out--
            (1) closures and realignments under title II of Public Law 
        100-526;
            (2) closures and realignments under Public Law 101-510; and
            (3) closures and realignments to which section 2687 of 
        title 10, United States Code, is not applicable, including 
        closures and realignments carried out for reasons of national 
        security or a military emergency referred to in subsection (c) 
        of such section.

SEC. 1110. DEFINITIONS.

    As used in this part:
            (1) The term ``Account'' means the Department of Defense 
        Base Closure Account 2000 established by section 06(a)(1).
            (2) The term ``congressional defense committees'' means the 
        Committee on Armed Services and the Committee on Appropriations 
        of the Senate and the Committee on National Security and the 
        Committee on Appropriations of the House of Representatives.
            (3) The term ``Commission'' means the Commission 
        established by section 02.
            (4) The term ``military installation'' means a base, camp, 
        post, station, yard, center, homeport facility for any ship, or 
        other activity under the jurisdiction of the Department of 
        Defense, including any leased facility. Such term does not 
        include any facility used primarily for civil works, rivers and 
        harbors projects, flood control, or other projects not under 
        the primary jurisdiction or control of the Department of 
        Defense.
            (5) The term ``realignment'' includes any action which both 
        reduces and relocates functions and civilian personnel 
        positions but does not include a reduction in force resulting 
        from workload adjustments, reduced personnel or funding levels, 
        or skill imbalances.
            (6) The term ``Secretary'' means the Secretary of Defense.
            (7) The term ``United States'' means the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        the Virgin Islands, American Samoa, and any other commonwealth, 
        territory, or possession of the United States.
            (8) The term ``date of approval'', with respect to a 
        closure or realignment of an installation, means the date on 
        which the authority of Congress to disapprove a recommendation 
        of closure or realignment, as the case may be, of such 
        installation under this part expires.
            (9) The term ``redevelopment authority'', in the case of an 
        installation to be closed or realigned under this part, means 
        any entity (including an entity established by a State or local 
        government) recognized by the Secretary of Defense as the 
        entity responsible for developing the redevelopment plan with 
        respect to the installation or for directing the implementation 
        of such plan.
            (10) The term ``redevelopment plan'' in the case of an 
        installation to be closed or realigned under this part, means a 
        plan that--
                    (A) is agreed to by the local redevelopment 
                authority with respect to the installation; and
                    (B) provides for the reuse or redevelopment of the 
                property and personal property of the installation that 
                is available for such reuse and redevelopment as a 
                result of the closure or realignment of the 
                installation.
            (11) The term ``representative of the homeless'' has the 
        meaning given such term in section 501(i)(4) of the Stewart B. 
        McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).

SEC. 1111. CLARIFYING AMENDMENTS.

    (a) All authorities provided to the Secretary of Defense with 
respect to installations closed or to be closed pursuant to the Defense 
Base Closure and Realignment Act of 1990 (Public Law 101-510, as 
amended; 10 U.S.C. 2687 note), shall apply to the same extent to 
installations realigned or to be realigned pursuant to the Defense Base 
Closure and Realignment Act of 1990 (Public Law 101-510, as amended; 10 
U.S.C. 2687 note).
    (b) For the purposes of this Act and notwithstanding any other 
provision of law, governments of Indian tribes shall be treated as 
State and local governments.

SEC. 1112. CONFORMING AMENDMENTS.

    (a) Definitions of Base Closure Law.--(1) Subsection (c)(1) of 
section 3341 of title 5, United States Code, is amended by adding at 
the end the following new paragraph (D):
                    ``(D) Any other similar law enacted after November 
                5, 1990.''.
    (2) Subsection (h) of section 2667 of title 10, United States Code, 
is amended by adding at the end the following new paragraph (4):
            ``(4) Any other similar law enacted after November 5, 
        1990.''.
    (3) Subsection (h) of section 2705 of title 10, United States Code, 
is amended by adding at the end the following new paragraph (4):
            ``(4) Any other similar law enacted after November 5, 
        1990.''.
    (4) Subsection (2) of section 2871 of title 10, United States Code, 
is amended by adding at the end the following new paragraph (D):
            ``(D) Any other similar law enacted after November 5, 
        1990.''.
    (5) Subsection (q)(6) of section 484 of title 40, United States 
Code, is amended by adding at the end the following new paragraph (D):
            ``(D) Any other similar law enacted after November 5, 
        1990.''.
    (6) Subsection (k)(1) of section 1334 of Public Law 103-160, is 
amended by adding at the end the following new paragraph (C):
            ``(C) Any other similar law enacted after November 5, 
        1990.''.
    (7) Subsection (b) of section 2814 of Public Law 103-337, is 
amended by adding at the end the following new paragraph (3):
            ``(3) Any other similar law enacted after November 5, 
        1990.''.
    (b) References to BRAC Accounts.--Subsection (d)(5) of section 2667 
of title 10, United States Code, is amended by inserting ``or any 
successor account, as appropriate'' at the end thereof.
                                 <all>