[Congressional Record Volume 147, Number 123 (Thursday, September 20, 2001)]
[House]
[Pages H5765-H5856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H5765]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002
The SPEAKER pro tempore. Pursuant to the order of the House of
Wednesday, September 19, 2001, and rule XVIII, the Chair declares the
House in the Committee of the Whole House on the State of the Union for
the consideration of the bill, H.R. 2586.
The Chair designates the gentlewoman from Illinois (Mrs. Biggert) as
Chairman of the Committee of the Whole, and requests the gentleman from
Kentucky (Mr. Whitfield) to assume the chair temporarily.
{time} 1247
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2586) to authorize appropriations for fiscal year 2002 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2002, and for other purposes, with
Mr. Whitfield (Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to the order of the House of
Wednesday, September 19, 2001, the bill is considered as having been
read the first time.
Pursuant to the order of the House of today, the gentleman from
Arizona (Mr. Stump) and the gentleman from Missouri (Mr. Skelton) each
will control 1 hour.
The Chair recognizes the gentleman from Arizona (Mr. Stump).
Mr. STUMP. Mr. Chairman, I yield myself such time as I may consume.
On August 1, the Committee on Armed Services reported H.R. 2586 with
strong bipartisan support, a vote of 58-1.
The bill authorizes appropriations for the Department of Defense and
for the Department of Energy national security programs for a total of
$343 billion in budget authority, consistent with the President's
amended defense budget request.
Mr. Chairman, normally at this point we cover all the various
initiatives in the bill and why this is a strong proposal to support
our men and women in uniform. This bill is all that and more.
The bill contains the largest military pay increase since 1982 and
provides significant increases in funding for critical military
readiness accounts. The bill also makes great strides in beginning to
fix our crumbling military infrastructure and makes a modest down
payment on our next priority, the modernization of our aging fleet of
combat equipment.
However, the bill also reflects the reality that existed prior to
last Tuesday's terrorist attacks on the United States.
The tragic events of September 11, 2001, have changed our Nation.
They exposed our vulnerability to terrorism and removed forever the
belief that Americans here at home were safe from the kinds of barbaric
attacks that have occurred against our citizens, our military
personnel, and our friends and allies overseas. We now know that
America itself is a target and that terrorists will not hesitate to use
whatever means at their disposal to kill innocent Americans on a
massive scale.
The terrorists' actions were deliberate and calculated. Our response
must be as well. Once again, our Armed Forces are being called upon to
defend this great Nation, this time from the scourge of terrorism. I
have no doubt that they will rise to the occasion. But we must ensure
that they have the proper tools and resources to do the job, now and in
the future.
H.R. 2586 provides our men and women in uniform with the tools they
need to combat the challenges our country will face in the next decade
and beyond. The bill goes a long way toward helping our military
recover from the devastating effects of the chronic underfunding that
has taken place over the past 8 years. It is a critical step toward
ensuring that the United States is ready to meet the challenges that
lie ahead, including the challenge of meeting and defeating
international terrorism.
The bill recognizes that the war against terrorism will not be won
quickly and that the United States will require additional capabilities
to deal with the threat terrorism poses to America. To this end, the
bill authorizes roughly $6 billion for Department of Defense programs
to combat terrorism. Moreover, the bill reflects the need to modernize
America's military capabilities so that our country's vulnerability to
other threats, including ballistic missiles, will be eliminated.
This is a good bill. However, despite the increases contained in the
bill, additional resources will be needed. America's defenses cannot be
rebuilt in a single year. The war against terrorism cannot be won with
a single year of defense increases. Our ability to protect our citizens
against other emerging threats cannot be assured with a single year of
defense increases. The effort to improve our Nation's defenses and our
people's security must be significant and it must be sustained.
That said, it is clear that the funding levels in this bill will not
be sufficient to support the level of effort that the Department must
undertake to hunt down and root out the perpetrators of last week's
attack. I understand that the Pentagon and the administration are in
the process of identifying additional resources required, and we hope
to receive a proposal to address these needs soon.
Rather than wait until that proposal arrives, I urge the House to
proceed with the approval of this bill and allow us to adjust it as the
outlines of the administration's revised budget proposal become
clearer. The bill is too important and contains too many critical
legislative tools necessary for the Department to conduct its business
to fall victim to the press of schedule.
I urge my colleagues to support this legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this has been quite a trying year for the Committee on
Armed Services. Last year I stood with Floyd Spence to offer the bill,
which was titled in his name. I am very glad that Congress approved
that bill, not least as a tribute to Floyd. Since then, too, the
passing of Herb Bateman and Norman Sisisky took from our committee and
the Congress great knowledge and wisdom.
A significantly compressed budget process challenged the committee's
ability to maintain its required oversight role. And, more recently,
the revived specter of military action led to consideration of
significant changes in this bill.
Through all this, Mr. Chairman, I am grateful for the friendship and
the teamwork displayed by the gentleman from Arizona (Mr. Stump). He
has an open door and an open mind, which are in large part why I am
able to say that I support this bill and ask my colleagues to do so as
well. The road has been difficult, but the product is well worth the
journey.
When we began work on this bill, America was at peace. We looked at
the future and saw a world of new threats, from less traditional
sources and differing means. Our goal as a committee was twofold: to
help the military services make their transitions into this new world,
while maintaining their capabilities to meet the needs of the present.
Then some of our worst fears were realized, and innocent Americans,
civilian and military, became targets of an unspeakable and inhumane
barbarism. The United States was thrust into a new kind of war,
emphasizing intelligence and adaptability over force and firepower.
Through the amendment and conference process, our bill will change to
meet this new challenge without losing our other capabilities.
The gentleman from Arizona has told you of some of the bill's
particulars. I am particularly proud of the pay raise for the men and
women who represent America in uniform, and wish only that it had been
higher. I am proud, also, of the way our subcommittee chairs worked
with their ranking members in creating this bill. Plenty of creativity
and tolerance went into their work. Even in areas of disagreement, the
debate was agreeable.
And, to be sure, there are some worthy highlights. Of the $343
billion authorized, the bill commits approximately $10.3 billion to
build and renovate new facilities and housing for the military
services. It helps to privatize 28,000 units and builds 51 new barracks
and dormitories. This is putting our money where the soldier is.
[[Page H5766]]
And we do not forget the families. The bill builds or improves 6,800
units of military family housing, makes substantial contributions to
supporting additional quality-of-life enhancements like child
development centers and fitness centers for military personnel, and
improves basic working conditions.
As the Department of Defense considers how it shall fight in the
decades ahead, our procurement and research development titles preserve
the widest range of options. We do not take away capabilities
commanders say they need, and back a full array of new and innovative
approaches for the future.
The bill also begins to formally close the door on the Cold War. It
takes a bold new step in our relations with Russia, allowing for the
elimination of 50 Peacekeeper missiles. At the same time, it funds the
cooperative threat reduction programs that make those offensive
reductions possible. Other adversaries would do well to note how
cooperation in making peace leads to greater security on all sides.
There are many more strong reasons to support the bill, but let me
set aside the formalities for a moment and speak to my colleagues from
the heart.
One clear trend in the history of warfare is that war has come closer
and closer to civilians. Now we are faced with an aggressor who
deliberately chooses to make war on civilians.
We have a military, Mr. Chairman, of volunteers, each of whom has
chosen to put on a uniform. Each of them knows that by doing so, he or
she is saying this: ``I will put myself between Americans and danger. I
will risk my life and freedom to preserve yours. I will do what my
country asks, and more.''
Mr. Chairman, their strength and fidelity may soon be put to the
test. I guarantee every Member that they will not be found wanting.
As they go, I hope and believe that they carry with them every good
wish of those in this Chamber and across the civilized world. And I
wish them Godspeed.
Mr. Chairman, I reserve the balance of my time.
Mr. STUMP. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Hunter), chairman of the Subcommittee on Military
Research and Development.
Mr. HUNTER. Mr. Chairman, this is a bill in which we generally have
some fairly hotly contested issues. It is a bill in which Members voice
strong opinions because national security issues evoke strong opinions.
But all of us understand now that we have a major mission which
predominates over all other missions with respect to this bill; and
that is to give the President the tools that he needs to pursue the
terrorists who struck America.
Because of that, Mr. Chairman, I think we are all going to be working
together here as we walk through the floor with this bill and go to
conference and try to keep our controversy to a minimum, try to
compromise on packages, and try to move to the point where we are
actually procuring for the President, for our armed services, the
resources that they need.
{time} 1300
So let me thank my colleagues, the gentleman from Massachusetts (Mr.
Meehan), my partner on the Subcommittee on Research and Development;
the gentleman from Missouri (Mr. Skelton); all the other fine Members
on the Democrat side of the aisle; and all my fine colleagues on the
Republican side of the aisle, who make up this great committee called
the Committee on Armed Services.
In R&D, let me tell Members where we have been moving. We have been
trying to do everything we can to leverage America's technology, both
militarily developed technology and commercially developed technology,
to give our smaller forces which we now have today the capability to be
extremely effective, extremely mobile, and extremely flexible.
This is a long, difficult challenge, and it is going to take years to
make this change; but in a number of areas, we are making great strides
with this bill. We are putting quite a bit of money into precision
munitions, to upgrade our capability to use a single munition to do the
job. Where, heretofore, you needed to use lots of dumb bombs, for
example, to knock down a bridge or something of that nature and the
ability to go in with a precision munition and make a single hit and do
effective damage with that one hit, it is a great advantage that comes
out of our technology; and that is something that we are trying to
manifest in our munitions programs.
Stealth, Madam Chairman, the ability to fly aircraft through heavy
enemy air protection to avoid and evade radar, so we can move our
planes into position to strike and move them back out without losing
pilots. That is an area manifested in the Joint Strike Fighter program,
the F-22 program, and other programs which we are developing or are
devoting a lot of resources to in R&D.
In the Army, the ability to move our forces quickly and to make sure
that they are mobile enough and flexible enough to get into very small,
tight, parts of the world, the problem that we discovered in the
campaign in Kosovo. We are trying to rectify that with some changes in
the makeup of our military forces and the armor forces that accompany
those forces.
Madam Chairman, in the Subcommittee on Research and Development, we
are devoting a large amount of dollars to help the Army change to a
position where it is more mobile, more responsive, and especially more
air mobile, because we have to get a lot of this equipment around the
world in a very short period of time.
With respect to missile defense, we all understand we live in an age
of missiles. That was revealed to us in the early 1990s when 26
Americans were killed in the Gulf War by ballistic missiles. Across-
the-board, Democrats and Republicans are working on a whole family of
anti-ballistic missile systems, some of which are deployable now, like
PAC-3, which can handle some of the basic Scuds, right up to the
testing range that the President needs for national missile defense. We
think we are going to have a package on that a little later, Madam
Chairman, that Democrats and Republicans can agree to.
So, across-the-board, Madam Chairman, on R&D we are doing everything
we can to give our country broad capability against military threats.
As we walk through this package, we are going to want to add things as
we go into the conference with the other body to focus especially on
new requirements as a result of the strike on America.
Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from
Guam (Mr. Underwood).
Mr. UNDERWOOD. Madam Chairman, I thank our leader on the Democratic
side for yielding me time.
Madam Chairman, at this particular time in our debate here in
Congress, there is no more important bill that we are confronted with
than this particular bill to provide adequate resources to our men and
women in uniform and to all the people who work in support of those men
and women in uniform. Certainly at this point in time in our Nation's
history as we contemplate a wide variety of ideas and scenarios
regarding what is an appropriate response to the heinous attacks that
have been unleashed upon our people, the Defense Authorization Act for
fiscal year 2002 will certainly be one of the most important defense
authorizations in our history.
Madam Chairman, I rise today to join my colleagues in support of H.R.
2586, the fiscal year 2002 Defense Authorization Bill. This bill is
well-crafted legislation and a result of tremendous bipartisan effort.
It will go a long way toward ensuring that the bedrock of our security,
our troops, will be well looked after and supported in the forthcoming
year. It provides the largest military pay raise since 1982, and meets
many of our military's modernization needs. This bill is essential to
stemming the decline in readiness and buttressing the security of the
United States and around the world.
In particular, I want to address the provisions in the act relating
to the morale, welfare, and recreation activities of DOD. First, I want
to acknowledge the outstanding leadership of the panel chair, the
gentleman from Maryland (Mr. Bartlett), and active participation and
strong support of panel members. While there are few legislative
provisions in this bill, it does not detract from the work of the panel
or support of the committee for those provisions.
[[Page H5767]]
I also want to draw attention to some of the items in the defense
authorization which will support Guam and its strategic role to our
Nation's national security. There is over $66 million in MILCON
activities. The people of Guam stand ready to do their part.
Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from
Colorado (Mr. Hefley), the chairman of our Subcommittee on Readiness.
Mr. HEFLEY. Madam Chairman, I rise today in strong support of H.R.
2586, the National Defense Authorization Act for fiscal year 2002.
I believe the committee has done a good job in fulfilling its role of
oversight of the Department of Defense and has done its best to provide
the necessary funding to improve the readiness of our military forces.
Let us not forget, however, that for many years we have asked our
military to do more and more with less and less. Now, after the tragic
events of last week, we will be asking our military men and women to do
even more.
Although there have been many additional missions placed on our
military forces over the years, there has not been a corresponding
increase in funding to fully sustain our infrastructure and equipment.
We are all heartened that the funding levels requested by the
administration for next year makes an attempt to arrest the decline in
military readiness and begins the process of rebuilding and restoring
our military forces. To accomplish this, the administration has had to
significantly increase readiness funding this year as compared with
last year. As an example, funding for flight operations has increased
by over $2.2 billion, which includes the increased costs for fuel and
attempts to address the severe parts shortages. In addition, there is
an increase for combat training of over $825 million, an increase for
facilities repair and sustainment of nearly $500 million, and an
increase of $1.2 billion for depot maintenance and repair of equipment.
These are significant increases; but, again, they merely halt the
decline.
Madam Chairman, H.R. 2586 is a responsible, meaningful bill, that
fairly allocates resources for the restoration of acceptable readiness
and an acceptable quality of life for men and women of our military
forces. To do anything less will allow the readiness of our military to
slip further and could risk the lives of countless men and women in
every branch of the military.
As we get this bill into conference, we may decide on or the
President may come down with other needs based upon the events of the
last few days and we can address those and we need to address those.
For now, however, this is a good bill, and it deserves our support. I
strongly urge my colleagues to vote yes on this bill, to vote yes to
maintain military readiness.
Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from
Arkansas (Mr. Snyder).
Mr. SNYDER. Madam Chairman, as the ranking member of the Subcommittee
on Military Personnel, I would like to thank my friend and colleague,
the fine chairman of the Subcommittee on Military Personnel, the
gentleman from New York (Mr. McHugh), for his leadership this year.
Madam Chairman, each and every day our volunteer men and women in
uniform go forward to protect America's freedoms. Sometimes they are
asked to pay the ultimate sacrifice, like those serving in the Pentagon
on September 11. We owe those dedicated and committed individuals not
only our gratitude but also our support.
With this bill, we continue to improve the quality of life for those
men and women and their families who chose to serve our Nation. It
provides the largest military pay raise since 1982, including a 6
percent minimum to enlisted members and a 5 percent minimum to
officers, and targets up to 10 percent for mid-grade and senior
noncommissioned officers.
The enhancements made to permanent change of station benefits will
help to reduce out-of-pocket costs for those uniformed personnel and
their families who often move to different bases to meet the needs of
the individual services. And we continue to reduce out-of-pocket
housing costs for families.
The bill directs improvements to protect the rights and privileges of
military personnel and their families to exercise the constitutional
right to vote. We have also made improvements to health care. The
Department has been directed to review the need to provide health care
coverage to reservists and their families, and it clarifies previously
enacted benefits under TRICARE for Life and other TRICARE benefits
which were authorized last year.
Given the expected increase in deployments for our forces as a result
of the attack on the United States, I believe that in conference we
need to review the $100 per day deployment bonus for those deployed
more than 400 days out of every 2 years. While I understand why this
policy was developed and passed last year, to encourage the services to
reduce the high rate of deployments for military personnel, and I
appreciate the language that has been added to ensure that the
potential impacts of the policy are looked at, we need to ensure that
the deployment pay policy is fair, that it does not inadvertently harm
military operations or that it becomes too expensive for the services,
particularly the Navy and Marine Corps, to bear.
Madam Chairman, the bill before us today continues to improve the
quality of life for those who serve their Nation in uniform and their
families. These defenders of liberty need to know that their families
are being taken care of while they are protecting our freedoms.
Once again, Madam Chairman, let me say it is a pleasure to work with
the gentleman from New York (Mr. McHugh) and the members of the
Subcommittee on Military Personnel. I urge my colleagues to support
this measure.
Mr. STUMP. Madam Chairman, I yield 4 minutes to the gentleman from
New York (Mr. McHugh), the chairman of our Subcommittee on Military
Personnel.
Mr. McHUGH. Madam Chairman, I thank the chairman for yielding me
time.
Madam Chairman, let me echo the words of many who have spoken
already. I know we will hear more about the great spirit of unity that
we have seen displayed in the formulation of this bill, and that is a
compliment, of course, to the Members on both sides of the aisle. But a
particular word of thanks and appreciation to the chairman, the
gentleman from Arizona (Mr. Stump), and the ranking member, the
gentleman from Missouri (Mr. Skelton), for their incredible leadership.
Madam Chairman, given the truly tragic events of Tuesday, September
11, in my home State of New York and Northern Virginia at the Pentagon,
and, of course, in Pennsylvania, it certainly is fitting, timely and
essential that we consider this bill at this moment.
Like so many others, I rise in strong support of this measure. I
believe there are many, many reasons for each and every Member of this
body to enthusiastically endorse the legislation when it is called for
a vote.
Most importantly, Madam Chairman, this bill represents a balanced
approach to improving national security, providing significant
initiatives in modernization, missile defense, readiness, research and
development, military construction and procurement and that kind of
balanced approach. For the long-term improvement to our national
security, it is absolutely essential to our mission and certainly is
essential to dealing most effectively with those developments of
September 11.
On the personnel side, I think that there are many exceptional
provisions that certainly argue strongly in favor of this bill. I want
to thank the gentleman from Arkansas (Mr. Snyder) who just spoke for
his leadership as the ranking member and for working with all of us on
both sides of the aisle to put these provisions together. Although you
just heard a number of them, I think they bear repeating.
Specifically, this bill builds on the administration's fiscal year
2002 budget request for military personnel and health care that causes
this legislation to be the strongest, most robust proposal in years. It
provides some $6.9 billion more for the military personnel accounts
than we provided just last year. That is the biggest 1-year increase in
military personnel accounts since 1985.
It increases the health care operations accounts by $6 billion over
what was authorized in fiscal year 2001. It reflects a commitment
shared by DOD
[[Page H5768]]
and the Congress to fully fund health care for our brave men and women
in uniform that we are now looking to to lead us in this, this greatest
of challenges.
The legislation also provides for the largest military pay increase
since 1982, including a 5 percent across-the-board increase for
officers and a 6 percent across-the-board increase for all enlisted
personnel.
Further, the bill authorizes retirement-qualified members of the
uniformed services to receive VA disability compensation. This would
allow us for the first time to meaningfully deal with that concurrent
receipt issue. I want to thank the gentleman from Florida (Mr.
Bilirakis), who has been such a leader in this provision.
The bill also very quickly reduces out-of-pocket costs that we
require our military men and women to pay from 15 percent to 11.3
percent over the next year, keeping faith with the plan that we
initiated to eliminate those costs, and many other provisions with
respect to improving TRICARE, health care for our men and women in
uniform, building on the budget request for so many other kinds of
personnel issue accounts that are so invaluable as we ask these men and
women to go forward to defend our Nation.
{time} 1315
As we ask these men and women to go forward to defend our Nation and
defend our interests, this bill I think signifies very strongly our
shared commitment to them as we go forward on this day; and I certainly
urge all of the Members to strongly support this measure when the vote
is called.
Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentlewoman
from California (Mrs. Tauscher).
Mrs. TAUSCHER. Madam Chairman, I rise in strong support of the
National Defense Authorization Act for Fiscal Year 2002.
As the ranking member of the National Nuclear Security Administration
Oversight panel, I want to specifically address the provisions of the
bill relating to the Department of Energy and the NNSA.
Madam Chairman, the decision to retain the oversight panel again this
year sends a very clear message of Congress's intent to aggressively
exercise its oversight responsibility in an area that is undoubtedly
crucial to our national security. This resurgence of meaningful
interest in the Department of Energy's defense nuclear activities will
have a lasting impact on the activity that has been entangled in a
bureaucratic kudzu since its inception. But unfortunately, this bill
does not provide relief for all of the challenges the NNSA faces.
In light of the catastrophic events of September 11, I wish we could
have provided additional resources to continue the development of
technologies that would enhance our ability to detect the production,
testing, transfer, or use of weapons of mass destruction. The
administration's budget request severely reduces funding for
nonproliferation research and development focused on enhancing
essential domestic nonproliferation capabilities. It is an area where
we can ill afford to lose any momentum. I hope that my colleagues will
continue to seek additional resources for this area as we enter into
conference with the Senate.
Madam Chairman, I also want to note for the full House that the
panel's accomplishments would not have been possible without the strong
leadership of the panel chairman, the gentleman from Texas (Mr.
Thornberry), and the support of the gentleman from Arizona (Mr. Stump),
the chairman of the full committee, and the gentleman from Missouri
(Mr. Skelton), the ranking member, and the cooperation and support of
our colleagues on the panel and on the full committee.
Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Weldon), the chairman of the Subcommittee on
Procurement.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Madam Chairman, I thank our distinguished
chairman for yielding the time and for his leadership on this bill, and
I thank our distinguished ranking member for his cooperation.
This is truly a bill that I think reflects the need for this Congress
to move forward aggressively in supporting our defense in a way that we
perhaps have not done over the past several years. I am ecstatic that
we have struck a balance. We have continued to fund aggressive support
for missile defense, we have continued to fund aggressive support for
modernization, and in this bill we begin to address the needs of the
readiness shortfall that our troops have experienced.
Madam Chairman, just 2\1/2\ weeks ago, a group of five of us traveled
around the country interacting with 20 of our colleagues as we toured
24 bases in 15 States to get a glimpse of the capability of our
military to respond. What we saw was atrocious. We saw military bases
that one would not put their worst enemies on. We saw raw sewage coming
out of barracks. We saw day care centers for the children of the
offspring of our personnel with mold on the wall, without adequate fire
protection. This bill begins to address those long-term maintenance and
improvement needs that we have had for so many years and begins to
address the readiness shortfall.
I commend the leadership of both the majority under the gentleman
from Arizona (Mr. Stump), the chairman of the full committee, and the
minority under the gentleman from Missouri (Mr. Skelton), the ranking
member, for allowing us to move forward in this area.
But we have done other things besides readiness. We have continued to
work on this committee in addressing the issues relative to terrorism.
I am proud of the fact that this committee has been out on the
forefront, even though we have had some silent ears in the past, of
calling for additional funds to combat terrorism. In fact, Madam
Chairman, it was this committee 2 years ago that called for the need
for an integration of our intelligence capabilities, the establishment
of a national data fusion center, and a national operations and
analysis hub. It was this committee that called for that.
Yet the CIA and the FBI have not yet torn down the stovepipes that
exist between our intelligence agencies. It was this committee that
said all 32 Federal agencies must come together, because the most
significant need for our military and our warfighters in the 21st
century is the ability to do profiling, to use our intelligence systems
to understand the enemy, to understand terrorists and terrorist groups
and terrorist organizations.
This bill again reaffirms that priority. In fact, we are working for
some specific funding to implement that during the process of moving
this legislation. It is this committee who again, Madam Chairman,
reestablishes the Gillmor Commission. The Gillmor Commission was
created by this committee to look at the interaction between the
military and our domestic responders. Long before the World Trade
Center, we were on the cutting edge of telling the Congress and the
American people that our domestic defenders, our international
defenders, our military and our fire and EMS must work together. In
this bill, we will continue the effort of that.
In every possible area of terrorism, we have been in the forefront
and we will continue on the forefront. I urge my colleagues to vote
``yes'' on this legislation.
Mr. SKELTON. Madam Chairman, I yield myself such time as I may
consume.
Let me take just a moment to compliment the gentleman from
Pennsylvania (Mr. Weldon) on his efforts concerning the housing for our
young people in uniform. He and the gentleman from Texas (Mr. Reyes),
the gentleman from Texas (Mr. Ortiz), and the gentleman from Virginia
(Mr. Schrock) made a series of appearances to look at the conditions of
some of our young folks. We ask so much of them; and I think this bill
does make, as the gentleman said, a major step in helping the living
conditions for those young people in uniform, and we thank him for his
efforts in that regard.
Madam Chairman, I yield 2 minutes to the gentleman from Texas (Mr.
Reyes).
Mr. REYES. Madam Chairman, I thank the gentleman for yielding me this
time.
Madam Chairman, I rise today to support the defense authorization and
to thank the gentleman from Arizona
[[Page H5769]]
(Mr. Stump), the chairman of the committee, and the gentleman from
Missouri (Mr. Skelton), the ranking member, for putting together a
strong defense bill.
In this time of national crisis, I am pleased that we are able to
come together to support increased funding for our military services.
Our combat troops, which President Bush has or soon will call to
deployment, are trained and ready; let no one anywhere make any mistake
about that. These men and women who are at the point of the spear are
ready to handle whatever mission we require of them. However, it is
those others who are further back from that point that need increased
funding to fix problems.
I want to also thank the gentleman from Pennsylvania (Mr. Weldon) for
having the vision to put together a fact-finding trip that we recently
completed. On this trip we visited 23 bases across the country and saw
horrendous living and working conditions. Ceilings were falling in,
sewage was backing up; our men and women in uniform and their families
were being forced and are being forced to live in substandard housing.
Madam Chairman, we have the finest military personnel in the whole
world, and they simply deserve better. They give us 110 percent each
and every day, and we as a Nation owe them a better quality of life.
This bill will begin to fix some of those problems, but we must still
do more for them. In this time of great peril and danger, let us not
forget to get our priorities straight. I ask all of my colleagues to
support this bill.
Mr. STUMP. Madam Chairman, I yield such time as he may consume to the
gentleman from California (Mr. McKeon).
Mr. McKEON. Madam Chairman, I rise in strong support of our National
Defense Authorization Act.
Madam Chairman, I rise in strong support of H.R. 2586, the National
Defense Authorization Act.
Before I begin in earnest, I would like to pause for just a moment to
pay my respect to someone who is not with us today, our good friend
Floyd Spence. In my entire time on the House Armed Services Committee,
I have not experienced an authorization bill without him. I will miss
Floyd greatly and I know that I join my colleagues in sending our
thoughts and prayers to his family.
I want to thank Chairman Stump and Ranking Member Skelton for their
leadership, hard work, and dedication to our men and women in uniform.
Because of their efforts, the Defense Authorization Act for Fiscal Year
2002 reflects the strong bipartisan values of the committee and this
legislative body in favor of securing and maintaining the most capable
defense force in the world.
Madam Chairman, H.R. 2586 represents this committee's and Congress'
desire to rebuild our Nation's Armed Forces after years of neglect.
Specifically, the legislation reflects the President's request for the
largest increase in defense spending since the mid-1980s. In total, the
President request and the House Armed Services Committee approved a $33
billion increase from the fiscal year 2001 spending level.
Madam Chairman, I want to highlight two specific areas where I
believe the committee has done exemplary work. First, the committee
approved the largest military pay raise since 1982, significant
construction efforts to improve the facilities in which military
personnel live and work, and substantial increases to readiness
accounts that support operations, maintenance, and training.
Second, the committee fully funds the required upgrades for the B-2
bomber. By including $123 million for Link 16 and in-flight replanning,
the committee has given the B-2 the required equipment to accomplish
the job its capable of doing. Furthermore, the committee has asked the
Air Force to report back on the number of B-2s it will need to
accomplish the mission set out by Air Force Chief of Staff General John
Jumper's Global Strike Task Force. While I believe that more B-2s would
accomplish the mission, it is important that the Air Force provide us
with this data so that Congress can appropriate the needed funds to
support their mission.
In view of last week's events and the commencement of Operation
Infinite Justice, swift action by this legislative body will further
demonstrate the unity and determination of this great Nation to
overcome the challenges before us.
May God bless America and the brave men and women who are putting
their lives on the line to defend it.
Mr. STUMP. Madam Chairman, I yield 4 minutes to the gentleman from
New Jersey (Mr. Saxton), the chairman of our Subcommittee on Research
and Development.
Mr. SAXTON. Madam Chairman, I rise in strong support of H.R. 2586,
the National Defense Authorization Act for Fiscal Year 2002.
Prior to the August recess, the Committee on Armed Services met to
mark up this legislation and ordered it reported by a vote of 58 to 1,
a testament to the tradition of bipartisanship of the committee.
I must say that I have been gratified by the strengthening unity of
purpose which has seized this House. As a matter of fact, Madam
Chairman, if the terrorists who perpetrated last Tuesday's attacks
hoped to play on any partisan or policy differences we may have with
each other, they have failed. As a matter of fact, the aisle that
separates the two sides of this House has disappeared.
Obviously, in light of the horrific terrorist attacks of September
11, many aspects of the defense program will be looked at anew; but we
are pressing ahead with this bill because there are many, many
important defense priorities addressed in this measure. All of us in
this great body understand that we need to relook at everything we have
been doing to protect our national security, and I promise my
colleagues that those needs will be our first priority as we meet in
conference with the other body to give final shape to this measure.
Even though we all yearn to act now, the prudent course of action is
to address the requirements that the Secretary of Defense identifies,
requirements that have been studied hard over the last 10 days. I know
the Secretary is working hard with members of our leadership and with
the chairman and vice chairman of the Committee on Armed Services to
develop our priorities for our consideration; and in the weeks ahead,
we will be considering those measures.
As chairman of both the Special Oversight Panel on Terrorism and the
Subcommittee on Military Installations and Facilities, I will be very
active in pursuing effective ways to defeat the scourge of terrorism
while allowing all Americans, but particularly those who serve in the
military, to live and work without fear of sudden attack. Clearly, we
must do what we can to protect the safety of our citizens, our
military, and our military families. Just as importantly, we must find
ways to streamline the security processes so that military bases are
reasonably accessible.
In all of this tragedy, there is a glimmer of hope. For example,
there is evidence that the improved reinforced measures that have been
taken in new construction have saved lives. I am told, and will go and
visit soon to see for myself, that portions of the Pentagon that have
been renovated, which included several explosion-resistant features,
stood up far better than the original structure. I will be leading a
delegation of my colleagues to examine the damage very soon and promise
my best efforts to do whatever we can to protect all Americans from
terrorism.
Later this week, the Committee on Appropriations is expected to bring
to the floor the bill to provide appropriations for military
construction for the coming year which, of course, are also included in
this bill. Our two committees have worked closely together, that is,
the Committee on Appropriations and the Committee on Armed Services, in
the development of the MILCON program for the next fiscal year. The
gentleman from Ohio (Mr. Hobson) and the gentleman from Hawaii (Mr.
Abercrombie) and the gentleman from Massachusetts (Mr. Olver) have
worked closely together with all parties, and our bills mirror each
other. H.R. 2586 would commit approximately $10.3 billion, roughly $350
million more than the President's request, to the military construction
and military housing for the coming fiscal year.
In closing, I want to again express my appreciation to the members of
the subcommittee who have contributed to this bill. In particular, I
want to express my appreciation to the gentleman from Hawaii (Mr.
Abercrombie), with whom I have worked for many years, and I value his
counsel.
Madam Chairman, I encourage all Members to support H.R. 2586.
Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Turner), who is the ranking member on the Special Oversight
Panel on Terrorism.
[[Page H5770]]
Mr. TURNER. Madam Chairman, I am pleased to rise in support of the
2002 National Defense Authorization Act. I want to say I am pleased to
follow the gentleman from New Jersey (Mr. Saxton), the chairman of our
terrorism panel, who has done such an outstanding job working on that
very critical issue. I am pleased to serve with him on that panel.
I also want to thank the gentleman from Arizona (Mr. Stump), the
chairman of the committee, for his outstanding leadership, and to thank
the gentleman from Missouri (Mr. Skelton), our ranking Democrat on the
committee. These two gentlemen have worked tirelessly and have worked
together, along with our committee staff, to produce this piece of
legislation.
{time} 1330
In my view, there are many reasons to support the bill that is before
us. It includes pay for military personnel, a pay raise; it includes
funding for additional acquisition; it addresses several quality-of-
life issues. However, I am particularly pleased with the fact that this
bill makes significant improvements to address the new and ever-
changing realities of the environment we live in today, brought home so
tragically to us on September 11.
As many of our colleagues have pointed out, America faces its
greatest challenge since the Second World War. Last week's terrorist
attack on the World Trade Center and the Pentagon has shown all
Americans that the threat of terrorism is ever present on our shores
and abroad. It exhibits vast destruction capabilities and
sophistication. It is like a threat we have never faced before.
With it, there is a bonus. We must be diligent in our efforts to
embrace new response methods and techniques. This legislation makes
great strides in our efforts toward that end. The research and
development provisions add a significant amount of funding for a
variety of transformational and leap-ahead technologies. This
legislation provides for even more investments to combat terrorism, and
also to handle consequent management and force protection.
Madam Chairman, we recognize the continuing possibility of future
terrorist attacks. I urge all Members to join with us in support of
this legislation.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Utah (Mr. Hansen), a member of the committee.
(Mr. HANSEN asked and was given permission to revise and extend his
remarks.)
Mr. HANSEN. Madam Chairman, I thank the gentleman for yielding time
to me.
As the President said, we have seen the first battle of the first war
of the 21st century, but there are many battles to come. Even as we
speak, our military forces are deploying to the farthest reaches of the
planet to begin the noble campaign to rid the planet of the scourge of
terrorism.
I appreciate the gentleman from Arizona (Chairman Stump) and the
ranking member, the gentleman from Missouri (Mr. Skelton), for the
great work they have done on this very important piece of legislation.
I would like to say one thing: This bill has some things that are
very important to the ranges of America. As many realize, there have
been some real encroachments in it. We had one hearing where they said
they could only use 18 percent of Camp Pendleton because of the
Endangered Species Act, a small percent of Fort Hood, and challenges
coming around. This piece of legislation allows us to have the military
have some hand in the Endangered Species Act.
If Members read the 1973 Endangered Species Act, the Secretary of
Defense has a prerogative in there to utilize it, and I would urge the
Secretary to take a look at that bill. That may help him.
This bill also sets aside the referendum in Vieques. At a time like
this, I am sure Puerto Ricans and Americans all over will stand tall,
square their shoulders, and say that this is important. And it is
important when the JFK goes out that it has live-fire training, that
they do not go out unprepared. That is an extremely important thing.
It gets into the idea of readiness, of $7.5 billion more for
readiness, which is so important at this time. I think the gentleman
from Pennsylvania (Chairman Weldon) and others who have worked
admirably in getting this bill ready to go on things that will protect
America.
This is a good piece of legislation, a piece of legislation that
should be passed. If Members read the Constitution of America, what is
the reason we are here in these offices anyway? It is not a lot of this
stuff we have been debating for the past year. The main reason we are
here is to defend our people and defend this Nation.
This is the first piece of legislation I have seen this year that
does it, and it is a good piece of legislation. Let us all vote for
this bill.
Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from
New Jersey (Mr. Andrews).
(Mr. Andrews asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Madam Chairman, I thank my friend, the gentleman from
Missouri, for yielding time to me.
At a time of great uncertainty in our country, this bill provides
strong assurances to the American people. When our Commander in Chief
calls our men and women in service to action, they will be ready
because of this legislation and other bills from this committee that
have gone before it.
When the planes need to fly and the ships need to be deployed and the
Marines need to land and the soldiers need to do their work, they will
be ready because of the diligence and vigilance of Members of this
committee on both sides of the aisle.
This bill does a lot to make them even more ready. It raises their
pay, and makes significant steps towards improving the conditions in
which their families live. It provides for funding for the ships, the
planes, the weapons that they will need to do their job. As a member of
the Subcommittee on Military Research and Development, I am
particularly pleased that under the leadership of the gentleman from
California (Chairman Hunter), with the active leadership of the
gentleman from Massachusetts (Mr. Meehan), we were able to increase by
$6 billion, from $41 billion in the present fiscal year to $47 billion
in the forthcoming fiscal year, the resources for research and
development.
If Members want to make the airports safer, these research and
development projects will make it so. If Members are looking for ways
to defend America's civilian infrastructure from attacks that we dread
and anticipate, these projects are the way to make it so.
Our enemies should note duly this afternoon, we are united on this
bill. We will go forward together, and when our Commander in Chief
calls, our troops will be ready as a result of this legislation. I urge
its passage by the House.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Bartlett), chairman of our Panel on Morale, Welfare and
Recreation of the Committee on Armed Services.
Mr. BARTLETT of Maryland. Madam Chairman, I thank the gentleman for
yielding time to me.
Madam Chairman, I rise in support of H.R. 2586, the National Defense
Authorization Act for fiscal year 2002.
Under normal circumstances, I would confine my remarks to the
provisions in the bill relating to the morale, welfare, and recreation
and activities for military personnel in my capacity as chairman of the
Panel on Morale, Welfare, and Recreation of the Committee on Armed
Services. I certainly wish to thank my ranking member, the gentleman
from Guam (Mr. Underwood), for his commitment and help.
But these are far from normal circumstances. The morale, welfare, and
recreation provisions are important, and I commend them to all Members
of this great body. More to the point, the overreaching purpose of this
bill is to strengthen the national defense. The barbaric, despicable
acts of terrorism committed just last week brought home the grim
reality to us that our enemies are real, they are clever, and they are
determined. We must not rest until others responsible are brought to
justice. We in Congress must not rest until we discharge our sacred
duty to provide for the common defense of this great Nation.
[[Page H5771]]
In my opinion, we should have been doing more. However, this is not
the time to dwell on what we did or did not do in the past. As Members
of Congress, we must fulfill our responsibility to work together to
provide the men and women who volunteer to serve in our military with
the tools and resources they need to exact justice and ensure victory
against the terrorists.
I am sure we will have disagreements about exactly how to do that as
this effort moves forward. We have to keep focused and united behind
the ultimate goal of securing liberty for ourselves and our posterity.
This bill and the $40 billion supplemental we passed a few days ago are
a good start. More should and will be done, but this bill, as we will
amend it today and tomorrow, is a good follow-up to the supplemental,
and I urge all Members to support it.
Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from
Maine (Mr. Allen).
Mr. ALLEN. Madam Chairman, I thank the chairman and ranking member
for putting together a good bill.
While I take issue with the bill's acceleration of national missile
defense, the overall bill is worthy of support, especially given the
importance of supporting our troops in the war on terrorism.
Let me take a moment to mention a little-noticed but important part
of the bill, the maritime section. I thank the gentleman from
California (Mr. Hunter), the chairman of the Merchant Marine Panel, for
crafting a quality bipartisan product.
The likelihood of a military buildup overseas shows that the need for
a ready and viable Merchant Marine fleet and a shipbuilding industrial
base remains as critical as ever. The committee recommends $104 million
to maintain the Title 11 loan guarantee program, and provides $99
million for operation of the Maritime Administration, including the
U.S. and State maritime academies.
In addition, we did not support the President's request to transfer
the maritime security program from the Department of Transportation to
the Department of Defense because the committee has not received any
justification for the transfer.
As the Nation stands united after the terrorist attacks, today is not
the time for controversial debates. But there are items in this bill
worthy of a full debate and vote in the future.
For example, I believe the massive increase for a technologically
unproven national missile defense to deal with the least likely
terrorist threat to this country is misguided, given the more
conventional and readily apparent terrorist threats that we face.
Moreover, withdrawal from the ABM Treaty could undermine our ability to
keep Russia as a reliable partner in the antiterrorism coalition.
The administration's fiscal year 2002 budget adds $3 billion for
missile defense, a 57 percent increase. Its original increase for
counterterrorism was only one-eighth as large, a mere 7 percent
increase. The response to September 11 has already required defense
increases, from air patrols at home to reserve call-ups to deployments
overseas. But we should not use this tragedy as an excuse to throw
money at the Pentagon. New spending should be justified by an overall
strategy and reviewed by Congress. This crisis does not obviate the
necessity to prioritize.
Again, I urge support for this bill to give full support to the
American men and women who may be asked to put themselves in harm's way
in our war on terrorism.
Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Thornberry), the chairman of our Special Oversight Panel on
Department of Energy Reorganization.
Mr. THORNBERRY. Madam Chairman, like other Members, I rise in
appreciation and admiration for the leadership shown by our chairman,
the gentleman from Arizona (Mr. Stump), and by the gentleman from
Missouri (Mr. Skelton) in moving this bill, particularly at this
difficult time.
I also appreciate the participation of all the members in the special
panel dealing with the Department of Energy's nuclear weapons program.
At this time, as it has been for the past few years, security of our
nuclear weapons and the complex which produces them has been a very
high matter of concern.
I can report to the House that General Gordon, who is the
administrator of the National Nuclear Security Administration, has done
a good job, in my view, in making sure that our nuclear weapons
facilities are secure, and particularly in this difficult time.
Along with the very distinguished ranking member of the panel, the
gentlewoman from California (Mrs. Tauscher), we have worked side by
side over the past year in overseeing the reorganization which Congress
passed a few years ago.
Included in this bill are some minor adjustments to the
reorganization which I think are good and prudent and requested by
General Gordon. But the bigger bill also provides more funding for our
nuclear weapons projects, including some set-aside money for our
facilities, which have been very badly underfunded in recent years, and
I think helps give the necessary emphasis on these critical elements of
our defense posture now, just as much as 2 weeks ago.
Madam Chairman, in the broader sense, I believe this bill takes
important steps forward in making sure that we are prepared for the
challenges of the future. One thing that the events of last week
reminds us is that the United States can be attacked by more actors
using more different methods than ever before, so we have to have a
military that is more flexible and more adaptable. This committee has
been pushing to make sure that we have expanded capabilities that can
deal with this greater variety of threats.
Among the things that are included in this bill are a suggestion that
the Secretary of Defense establish a transformation office within his
office, to have an advocate in the highest reaches of the Pentagon to
make sure that we are preparing for the wars and challenges of the
future, not refighting the wars of the past.
Included in this bill are important provisions dealing with space,
because while a lot of our focus now is on these particular acts of
terrorism, this country can also be subject to economic terrorism, if
for example satellites were disabled, and it would also of course
cripple our military. Having control of space and giving space the
proper attention it needs is a critical thing.
We support the Army's efforts to transform itself to have smaller
units that are more mobile and more lethal, and obviously the events of
recent days point out the importance of that. This bill also moves
ahead with the conversion of the Trident Submarines into SSGNs. It is
an important step that gives us additional capability.
So this bill helps move us forward and will make us better prepared
to deal with the challenges ahead.
Mr. SKELTON. Madam Chairman, I yield 7 minutes to the gentlewoman
from Georgia (Ms. McKinney).
Ms. McKINNEY. Madam Chairman, I have grave concerns about this bill.
I would first like to say that I hope that reason and common sense
prevail in any decisions on our Nation's future response to terrorism.
Madam Chairman, I pray for God's intervention in ensuring the safe
return of our many young men and women who are now being sent off to
fight this war against terrorism. They face tremendous dangers and
uncertain futures, and their families will endure many long and
sleepless nights waiting for their return. We must remember them all,
and acknowledge the great personal sacrifices they are going to have to
make on our behalf in the coming days.
H.R. 2586 represents a near $33 billion increase from last year. In
comparison, appropriations for diplomacy and foreign aid total only
$22.9 billion, a mere 6 percent of the entire defense budget.
{time} 1345
With the financial mismanagement that continues to exist within the
Department of Defense, increases should not be made until a system of
financial responsibility is instituted to prevent waste and address the
lack of accountability.
The single largest portion of the budget increase is dedicated to the
development of missile defense systems. It should be apparent to us all
now that ballistic missiles are not our worst threat at this time.
Expensive high-tech weapons are no substitute for effective diplomacy.
Arms control, disarmament, and international cooperation will be far
more effective in advancing peace and security in the years ahead
[[Page H5772]]
and will cost far less than a missile shield.
This bill also prevents our Nation from reducing our nuclear weapons
arsenal and from de-alerting our nuclear weapons stockpile. In light of
recent events, I think it would be prudent to de-alert our nuclear
missiles and to retire as many as possible, lest they become greater
targets or be turned against us.
I regret that the committee did not support the Sanchez amendment to
change current law to permit servicewomen and female dependents who are
overseas to access military hospitals for the purpose of privately
funded abortions. This provision is tantamount to gender discrimination
and should be changed.
This bill also reduces the likelihood of the Navy's departure from
Vieques. It is my hope that the administration will be permitted to go
ahead with its plans for withdrawal from Vieques in 2003.
There have been recent revelations about the use of military
intelligence for domestic purposes, specifically with respect to the
surveillance of Dr. Martin Luther King, Jr., and Operation Lantern
Spike. Evidence of such past activities give rise today to grave
constitutional issues and concern about civil liberties. The 1975
report written by the Frank Church Committee revealed practices
abhorrent in a free society. The Church committee exposed that in the
name of State security a program of manipulation, surveillance,
disruption, and murder was carried out with the consent of those at the
highest levels of the United States Government and against domestic and
international law. Domestic uses of the military have long been
prohibited, for good reason, and the same should continue to apply.
The escalating war on drugs is another problem area for us. As with
the continued bombing of Iraq, I think now is not the time to be
fighting proxy wars overseas, making more enemies abroad than we may
already now have. Now is a time to focus on diplomacy abroad and
justice and security at home. As such, I do not support continued
funding for training for civil conflicts in Colombia and elsewhere.
Despite my reservations with this legislation, it does include
positive aspects that I applaud. I would like to commend the committee
for the increase in military pay and salaries. This is an appropriate
step that not only provides our servicemen and women with sufficient
compensation but also furthers the professionalism and enhances the
retention of our servicemen and women. Similarly, increases in moving
allowances, housing expenditures, provisions permitting concurrent
receipt of retired pay and veterans' disability benefits, and efforts
to promote voting rights of personnel are praiseworthy.
Much has changed since the committee passed this bill in August.
However, I am still confident that many of the nations that we perceive
as a threat will respond to the expansion and proliferation of missile
defense, the expanding role of the military and drug interdiction, and
preventions of reductions in nuclear missiles. It is uncertain how
these nations will respond, but I am confident that diplomacy and
engagement will have a much more positive effect on our national
security than will expanding the defense budget.
I urge this body to consider its role in developing not only national
policy but also international relations, and to realize that as a
global leader we have a role in not only preparing for war, but also in
promoting peace.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Kansas (Mr. Ryun), a member of the committee.
Mr. RYUN of Kansas. Madam Chairman, I want to thank the chairman and
ranking member of the committee for their hard work on this bill.
Madam Chairman, this Congress is still experiencing the pain of a
tremendous tragedy. America's military personnel and their families
will be called on to make even greater sacrifices to protect the
freedoms of our Nation. Unfortunately, for too many years they have
been called on to do more with less.
Now, more than ever before, we realize our presence represents a
stabilizing force to countries around the globe. With the pace of
deployments likely to increase, the Committee on Armed Services has
appropriately concentrated on enhancing quality-of-life issues in
support of our deserving personnel.
I support H.R. 2586, the Fiscal Year 2002 National Defense
Authorization Act, because it directly addresses the quality-of-life
problems today's service members are experiencing. In total, the bill
authorizes $343 billion for defense spending in 2002. Of the $33
billion increase from last year, military health care receives a 54
percent increase in funding. Clearly, this is one of the largest given
in this critical area in many years.
It is a well-known adage in the military that you recruit soldiers
and you retain families. Quality of life is essential in recruiting and
retaining quality personnel. If we are serious about resolving the
attrition problem, we must continue to focus on the quality of health
care for the entire family. That is why I wanted to eliminate a
burdensome requirement experienced by military spouses in maternity-
related care.
I believe that service members should not have to worry about
administrative health care problems their families may suffer. It
detracts from their focus on their work, when their work demands total
attention to protect our Nation. This bill appropriately calls on the
Pentagon to make some changes. They are required to report on how they
are operating under recent changes made in this aspect of beneficiary
health care.
Congress must move ahead to remove the pressures felt by America's
military personnel who put their lives on the line every day to protect
America's freedom. H.R. 2586 makes great strides in adequately
addressing pay, housing, and health care for our soldiers, sailors and
Marines. I urge my colleagues to vote ``yes'' on this very important
piece of legislation.
Mr. SKELTON. Madam Chairman, may I make an inquiry of the time we
have remaining?
The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 33\1/2\
minutes remaining, and the gentleman from Arizona (Mr. Stump) has 29
minutes remaining.
Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from
Oregon (Mr. Blumenauer).
(Mr. BLUMENAUER asked and was given permission to revise and extend
his remarks.)
Mr. BLUMENAUER. Madam Chairman, I appreciate the gentleman's courtesy
in yielding me this time.
As the Nation's eyes turn towards what we can do to protect our
citizens from these horrible actions of terrorist violence, it would be
sad, in an era of unprecedented increase in military spending, if we
did not also do everything we could to save the lives and health of
innocent Americans.
Sadly, as the committee has recognized, the landscape across this
country is still littered with the explosive residue from years of
military testing, storage, unexploded ordnance and other toxins that
have taken the lives of adults and children and threatened the health
of Americans across the country, including right here in Washington,
D.C.
I wish to thank the chairman and ranking member for the committee's
action to do something about this important problem of unexploded
ordnance. I appreciate the committee's including the most important
provision of this legislation, which the gentleman from Alabama (Mr.
Riley) and I have introduced to deal with this problem that is not
theoretical and touches every congressional district, and that is to
inventory the sites and provide a program for their prioritization.
We are going to have to address the problem of unexploded ordnance at
some time. The current rate of cleanup will take hundreds, some have
even estimated it may take as many as a thousand, years. That is
unacceptable. Sooner is better for the environment, for our citizens,
and for the taxpayers. I hope that this last week's tragic incident
will strengthen our resolve to do everything we can to make our
citizens safe in every way possible.
Unexploded ordnance, also known as UXO, is the bombs and shells that
did not go off as intended and are subsequently buried or litter the
landscape. Our bill, the Ordnance and Explosives Risk Management Act
(H.R. 2605), lays out policy guidelines to address this problem.
[[Page H5773]]
Section 311 of the Committee bill calls for an inventory of explosive
risk sites at former military ranges. It requires DOD to complete and
annually update the inventory that is already begun and establishes
criteria for site prioritization among UXO sites.
I want to clarify the purpose of this prioritization requirement. It
requires the Department of Defense to develop much more detailed
information on the nature and extent of the unexploded ordnance problem
that it has compiled to date. Recent GAO reports have concluded that
the Department of Defense does not have a complete inventory of current
and former training ranges, and that DOD may have overlooked as many as
200 former training ranges in compiling a survey of Formerly Used
Defense Sites for the Senate Armed Services Committee. Thus, DOD has
likely significantly underestimated the scope of the unexploded
ordnance problem. In addition to woefully incomplete information on the
scope of this problem. DOD has not been able to provide much
information on the urgency of cleaning up the many sites that have been
identified.
Some have expressed concern to me that the prioritization
requirements of the new section 2710 (which is added to Chapter 160 of
title 10, United States code) may preempt states' regulatory authority.
That certainly is not the case. I want to emphasize that these
requirements are simply intended to generate information on the
relative urgency of necessary response actions at and within different
ranges. These provisions are not intended to impair or alter, or
diminish any existing federal or state authorities to establish
requirements for investigating and responding to ordnance
contamination.
Madam Chairman, I am pleased to note that the Senate is addressing
similar issues to this inventory requirement regarding UXO in its
version of the FY02 Defense Authorization. We in the House of
Representatives look forward to combining and improving the language in
conference in pursuit of what appear to be our common objectives.
It is difficult to find a Congressional district that does not have a
UXO problem: over 1,000 formerly-used defense sites (FUDS) are known or
suspected to be contaminated with it. They are located from extremely
remote areas in Alaska to dense urban environments such as the Spring
Valley neighborhood in Washington, DC.
Many of these sites are located in already heavily populated urban
areas bordered by housing developments, schools, and parks. Much of
this land is otherwise highly desirable, yet its use is restricted due
to UXO contamination. At least 65 people have been killed in this
country by accidents with UXO, most of them since World War II.
This inventory requirement is going to enable us to begin to learn
more about the scope of the UXO problem and provide what is needed for
our families to be safe, healthy, and economically secure.
Mr. STUMP. Madam Chairman, I yield 1 minute to the gentleman from
Connecticut (Mr. Simmons), a member of the committee.
(Mr. SIMMONS asked and was given permission to revise and extend his
remarks.)
Mr. SIMMONS. Madam Chairman, I rise today in strong support of this
legislation; and I commend the chairman, the ranking member, and the
staff for their excellent work on this bill.
The past week has been one of tremendous challenge for this Nation
and for this Congress; and as we stand here today, thousands and
thousands of Americans in uniform are moving by land, sea and air to
take part in what may be a long and difficult campaign against a
vicious enemy. It is with great seriousness and bipartisanship that we
work here today.
When I served as a young lieutenant in Vietnam, America was divided
on the war. This made the war particularly difficult for me and for my
generation. Today, I hope we stand with strong bipartisan support for
this defense authorization bill. It is my hope that this bipartisanship
will continue as we deploy the men and women of our armed services to
defend our citizens, our interests, and our values both here at home
and abroad. They deserve our unanimous support, and they certainly have
mine.
The Second District of Connecticut is home to the Naval Submarine
Base at New London--the proud home to nearly 10,000 military families
and civilians who maintain and support 21 fast attack submarines within
Submarine Group Two. The quality of life improvements in this bill have
a major affect to many of these hardworking people in the community I
have the privilege of representing.
Our men and women in the military and their families are this bill's
primary focus. The pay raise, the highest single increase since 1982,
is a critical element towards improving retention, morale, recruitment,
and quality of life. Each day there are thousands of men and women who
get up and put on a uniform and serve their country abroad or on the
seas. They guard our shores, provide stability in unstable regions,
provide security to our allies, and deter our adversaries. These
patriots have not experienced the years of prosperity in the same way
that civilians have; this bill makes a significant step overcoming this
disparity.
At the end of this month the Department of Defense will report the
Quadrennial Defense Review to Congress outlining the findings of
numerous reviews and studies it has conducted over the past months.
This is expected to highlight the efforts of this administration to
transform our military to meet the threats of the present day and those
of the future. Madam Chairman, I was pleased that the President's
budget and this bill already contains a significant step towards
transforming our military to better meet the needs of the future, and
it does so in a cost efficient manner through the Trident Submarine
Conversion program.
Taking a Trident Ballistic Missile Submarine and converting it into a
Guide Missile Submarine with 154 Tomahawk Cruise missiles is
transformational. It provides the United States with a massive,
stealthy, long-range knock-the-door-down capability, equal to 70% of
the firepower of a carrier task force. A Guided Missile Submarine, an
SSGN, could be manned by a crew of 120 compared to 7000 for carrier
task force. The cost savings in personnel and in operations and
maintenance is clear. This bill funds the conversion of two of the four
Tridents currently requiring refueling and sets the course for the
conversion of the remaining two. Let us now complete this
transformational initiative.
Finally, I am especially pleased that this bill addresses one of my
priorities--solving the problem of American soldiers on food stamps.
Last year's targeted sustenance benefit and this year's large pay
increase will make great strides toward reducing the numbers of our
soldiers on food stamps. In addition, the bill continues to reduce out-
of-pocket housing costs by increasing housing allowances to cover 88.7%
of housing costs. Military families will therefore not be overburdened
by the high cost of opting to live in off-base housing--at a time when
DOD itself has deemed that 60% of the military family housing units it
maintains are ``substandard.''
While the bill will reduce the need for soldiers to use the food
stamp program, I am especially pleased that the bill includes language
that will work to prevent soldiers from going on food stamps in the
future. This bill directs the services to examine and evaluate their
financial management training and supplementary programs to prevent
financial mismanagement--a condition that not only can lead to military
personnel needing food stamps, but also leads to marriage and family
dissolution, service separation, and professional decline. At a time
when personal bankruptcy filings are at near-record levels, I believe
this is a smart, pro-active rather than reactive approach to meet the
needs of our service men and women.
I thank the chairman of the Subcommittee on Military Personnel, the
gentleman from New York (Mr. McHugh) and the ranking member, the
gentleman from Hawaii (Mr. Abercrombie), and the subcommittee staff for
their assistance on the food stamp and financial management issues. I
commend the chairman, the gentleman from Arizona (Mr. Stump) the
ranking member, the gentleman from Missouri (Mr. Skelton) and the
committee staff for putting together this legislation, and look forward
to working with you in the future on these important issues.
Mr. SKELTON. Madam Chairman, I yield 3 minutes to the gentleman from
Ohio (Mr. Kucinich).
Mr. KUCINICH. Madam Chairman, I thank the gentleman for yielding me
this time.
Air Force Colonel John Boyd, perhaps our Nation's greatest military
strategist, once said, ``Machines don't fight wars, people do, and they
use their minds.'' Last week, a group of terrorists shattered all of
our established notions of warfare, commandeering four of this
country's own commercial airlines and utilizing them as weapons that
wrought catastrophic damages on two of our major cities. Yet today, we
gather to debate a defense bill oriented towards the type of war fought
in past generations.
The tactics the perpetrators employed, fourth-generation warfare, are
vastly different from traditional modes of battles. They are unorthodox
and irregular, as likely to be carried out by non-state actors as
nation states. They seek to create chaos by attacking people, cultures,
and institutions rather
[[Page H5774]]
than militaries. They have been in development for years, and on
September 11th they became impossible to ignore.
The bill we debate here today allocates $343 billion for the defense
of our Nation. Will the expenditure of this money protect our Nation
from the type of attack we faced last Tuesday? That is a key question.
Will the 13 F-22s we will buy next year for $4 billion have been able
to prevent the hijacking of these four airliners? What of the role of
the 55-ton Howitzer the Army is requesting $500 million for? What of
the role of the Land Attack Missile Destroyer? What about the ballistic
missile defense system, the development of which to date has consumed
over $60 billion of taxpayer money?
Will any of this equipment help prevent or counter the next attack
against our Nation? Will this equipment, for instance, be of any use
against a suitcase bomb, which uses conventional explosives to
distribute nuclear waste products?
Our military establishment seeks $33 billion more than last year, the
largest defense increase since the Cold War, for a total budget as
large as the next 15 defense budgets combined, in order to leap ahead
into the future. But this leap-ahead technology is rooted deeply in the
past. Our current force is more than adequate at dealing with
conventional battlefield threats. What we lack is the ability to deal
with this new sort of warfare.
We need, then, a new set of principles to form the backbone of an
efficient and effective national defense.
{time} 1400
First, we need a force that is capable to adapt to changing
circumstances, a force that is comfortable and capable countering a
terrorist infiltration as an invading army. To accomplish this we need
accurate and comprehensive information upon which to base our
decisions. This includes information about ourselves, our systems, our
current capabilities, our expenditures, as well as our potential
enemies.
Finally, borrowing from Colonel Boyd, we need to acknowledge that our
people, not our machines, are our most important assets.
The Pentagon, for example, in this context has never passed an
independent audit, cannot properly document trillions of dollars in
accounting entries, cannot account for all of its equipment, overpays
its contractors and uses unrealistic assumptions in all aspects of
planning, according to audit agencies.
We have the opportunity to construct an efficient and versatile force
oriented towards the diverse threats facing our Nation, one that
exploits the ability of a talented officer and enlisted corps and
utilizes machines as their tools. But our Nation has much work to do
before we complete that task, and we are in a position to accomplish
it.
Madam Chairman, I want to thank the ranking member and also the Chair
for this opportunity. I know they are trying to do what is best for
this country. We have a lot more work to do.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Kirk).
Mr. KIRK. Madam Chairman, more Americans died last Tuesday than in
our Revolutionary War. Therefore, I strongly support this bill and
commend the chairman, the gentleman from Arizona (Mr. Stump), and our
ranking minority member, the gentleman from Missouri (Mr. Skelton), for
their excellent bipartisan work on this national defense measure.
As a Reserve Naval intelligence officer and a new member of the
committee, I strongly support almost all of the provisions of this
bill. I would especially like to thank the gentleman from Arizona (Mr.
Stump), the gentleman from Ohio (Mr. Ney), the gentleman from
California (Mr. Thomas), the gentleman from California (Mr. Dreier),
the gentleman from Missouri (Mr. Skelton) for their support for my
amendment, which would allow polling places to be established on
military installations.
The Kirk-Langevin amendment would clarify an arcane statute that
outlaws ``military presence at voting facilities,'' hence, allowing the
Department of Defense 1999 memo to prohibit establishing polling places
on military installations. The section of the U.S. Code that our
amendment seeks to repeal was enacted in 1865 in response to
irregularities during the 1863 elections involving Union troops at
polling places in Maryland and Delaware. Voters in some States were
reportedly asked to take an oath of loyalty to the Union before voting
with Union soldiers preventing others from voting.
At the time the law was enacted, it was an appropriate response to
these irregularities. However, the 1999 DOD interpretation of the
statute makes voting for our men and women in uniform very difficult.
When the DOD issued a directive to base commanders instructing that
polling places should not be located on military installations, it has
forced existing polling places to be relocated. According to the CRS,
an April 2000 survey of State election officials identified at least 20
jurisdictions that have lost polling places and others that were
vulnerable. Some of those polling places had been used for at least 15
years. It is time to let State and county officials decide to choose
the convenient places for our people to exercise the franchise granted
by the Constitution.
Our amendment is to clarify this arcane law, making voting more
accessible to our men and women in uniform. I thank my colleagues and I
thank them for including this in the en bloc amendment and urge support
for this legislation.
Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Hoeffel).
Mr. HOEFFEL. Madam Chairman, I rise in support of this bill and in
strong support of the Tauscher amendment that will be offered later
today as part of an en bloc amendment that would require a Presidential
strategic plan dealing with nonproliferation issues regarding Russia.
Clearly, the unstable situation in Russia and the uncertainty about
the future of her nuclear weaponry and technology requires this kind of
strategic plan to be performed. It is very appropriate that the
gentlewoman from California (Mrs. Tauscher) offer this amendment to the
defense authorization bill. I wanted to speak in strong support of it.
I also want to bring to the attention of the House that we have
passed in the State authorization bill a similar proposal that I
offered that would require a 5-year strategic plan to be done on our
arms control and non-proliferation strategies in general. It is
important that we pay close attention to these challenges, that we
require both the State Department and, in this case, the Department of
Defense to do this sort of planning under Presidential direction, and
that we get our national security team and agencies to work together to
deal with nonproliferation issues, with arms control matters.
Madam Chairman, I compliment the gentlewoman from California (Mrs.
Tauscher) for bringing this matter to the attention of the House. I
urge support for her amendment and the close attention to be paid to
the future of proliferation issues. The events of last week bring home
as clearly as possible the need for us to pay attention to keeping the
nuclear weaponry, technology and information out of the hands of
terrorists. This sort of strategic planning is the way to do it. I ask
for support of the Tauscher amendment.
Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from
Arizona (Mr. Kolbe).
Mr. KOLBE. Madam Chairman, I congratulate the chairman and the
ranking member for a good bipartisan bill. I rise in strong support of
it.
Madam Chairman, I come to the floor today to discuss an inequity in
the treatment of Americans who helped to win the Cold War.
Unfortunately, an amendment that I would have offered to this bill was
not made in order.
This same bill last year included the Energy Employees Occupational
Illness Compensation Program Act of 2000. This act provides
compensation to employees and survivors of employees suffering from
illnesses incurred from exposure to beryllium in the performance of
duty in America's nuclear weapons program.
Beryllium is a metal with structural and atomic characteristics that
make it irreplaceable for many nuclear-related uses. Inhalation of
beryllium dust, even at very low concentrations, can cause cancer and
chronic beryllium disease, which gradually destroys lung
[[Page H5775]]
function many years after exposure. Thousands of workers involved in
producing nuclear weapons, materials and components have suffered
disability and horrible deaths.
Although beryllium has numerous commercial applications, the
Departments of Energy and Defense have been the largest users. In the
construction of our strategic nuclear arsenal, the Department of Energy
had responsibility for the nuclear device, that is, the weapon, while
the Department of Defense had responsibility for the delivery system,
the missile, and the inertial guidance system which would deliver the
device to target.
Congress has recognized its responsibility and determined that we are
responsible in accordance with the Energy Employees Occupational
Illness Compensation Program Act.
Although it was passed with the best of intentions, the act is a
travesty because it is not equitable. It applies only to the DOE. A
worker with the exact same condition developed under the exact same
circumstances but who worked for the Department of Defense is not
covered. Why should one Department of the Government have different
responsibilities and liabilities than another Department?
If the Department of Energy has a responsibility to compensate its
workers, then under the same circumstances the Department of Defense
should have the same responsibility. I would not seek to greatly expand
the scope of the Energy Employees Occupational Illness Compensation
Program Act, but I insist that those people working for the Department
of Defense under the same relationship and same conditions as those
working for the Department of Energy receive the same benefit.
This inequitable treatment of people who did work on behalf of our
national security must be addressed. These citizens who work on our
national weapons program helped to win the Cold War, and they should
not be punished unfairly only because they worked for one agency
instead of another. I do not intend to give up on this matter. I and
the people who are suffering from this disease are anxiously awaiting
the Department of Defense's report on this subject, which is
inexplicably late; and I will continue to pursue a legislative remedy
for this injustice.
Mr. SKELTON. Madam Chairman, I yield 4 minutes to the gentleman from
Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Madam Chairman, I thank the gentleman for
yielding me this time.
Madam Chairman, last Tuesday was a tragic reminder of what a
dangerous place this world is. It is also a tragic reminder of how
dangerous the world is not only for the men and women in uniform, but
the people they protect. Last Tuesday, we did not do our job as well as
we should have. The fact that any American died means that we have to
do better.
This bill will address a lot of our Nation's needs, but it also
leaves some things unattended. I regret to say this year's shipbuilding
budget will lead to a Navy that is 210 ships in the very near future.
That is inadequate. Maybe what happened on Tuesday will cause us to
rethink that, and I hope so. I had the assurance 2 weeks ago from the
Secretary of the Navy that he will try to do better. Unfortunately, he
told me next year's budget does not look any better than this year's
budget for shipbuilding.
Earlier I told my colleagues that defense was more important than tax
breaks. I will say it again. Defending this Nation is more important
than tax breaks. Having served in both State and local government, I
can tell my colleagues that the States and cities can do almost
everything; but they cannot defend the Nation. That is our job.
Madam Chairman, it is also equally important, as we are asking young
people to put their lives on the line for our Nation, that we keep our
promise to those people who have already served our Nation. One of the
promises made to them was a lifetime of health care. Part of that was
answered last year. This House, interestingly enough by over 400 votes,
voted to allow our military retirees to continue using the base
hospitals and to have their Medicare taxes, the taxes they pay just
like every other person in America, be used to reimburse that base
hospital for their care to ensure that promise was kept.
Over half of our Nation's military retirees live close to a military
base, and the overwhelming preponderance of them did so so they could
use the base hospital. Unfortunately, language was changed in
conference last year that instead of saying they must do this, allowed
Medicare and the Department of Defense health care system to reach an
agreement. For 3 months under the Clinton administration and for 8
months under the Bush administration, neither HCFA nor the DOD have
reached that agreement and now talks have broken off.
So on October 1, military retirees who walk into a base hospital will
be turned away. Many have been going to those base hospitals since they
were 18 years old. They like being called colonel or chief. They earned
those titles. They want to go to the base hospital because that has
been their family for 20 to 40 years of their life.
Madam Chairman, I have gone before the Committee on Rules with the
same amendment that over 400 of my colleagues voted for last year. It
is a very simple premise. It would allow our Nation's military retirees
who pay Medicare taxes, just like every other American, to take their
Medicare benefits to a base hospital.
Unfortunately, thus far the Committee on Rules has not made that
amendment in order. I am here publicly to ask my colleagues, the
gentleman from Missouri (Mr. Skelton), the gentleman from Arizona (Mr.
Stump), I have met with the gentleman from Illinois (Mr. Hastert), the
ranking members on both sides of the Committee on Rules, let us make
that amendment in order before we ask one more kid to serve their
country with promises of doing good things for them. Let us keep the
promises that we have made. Those promises have been made. Those
promises were in the recruiting manuals all of the way up until 1991.
It is the right thing to do. It can take an otherwise good bill and
make it into a great bill. I think it is a very simple request.
Madam Chairman, I hope that request is fulfilled. I hope I do not
have to cause mischief to get that amendment made in order.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Indiana (Mr. Buyer).
Mr. BUYER. Madam Chairman, I thank the gentleman from Arizona (Mr.
Stump) and the gentleman from Missouri (Mr. Skelton) for a job well
done on the bill.
The President, as we all know, is coming here tonight to address not
only a joint session, but the American people, to describe not only his
mission in the war on terrorism, but also how he will help stabilize
and stimulate our economy and how sacrifice must be of a higher
priority than personal inconvenience.
This is the first war of the 21st century, and it is nothing like
anything we have ever faced. The enemy flies no flag, has no
boundaries, and often goes unseen. We call it the asymmetrical threat;
but this is one that is not subject to the traditional calculus of
deterrence, which means that we also in this bill, and I am sure as we
go to conference, will have to address the intelligence side of the
House, not only by my colleagues' cooperation as an authorizing
committee, but also with the appropriators to make sure that not only
the intelligence community of our CIA but the military intelligence
community is strengthened.
I thank on behalf of the Guard and Reserve Caucus, the gentleman from
Mississippi (Mr. Taylor) and myself, the gentleman from Missouri (Mr.
Skelton), and the gentleman from Arizona (Mr. Stump), for allowing us
to play a part in the bill. I am pleased that the bill provides $807
million, $192 million more than the President's request for facilities
enhancements to improve training and readiness for the Guard and
Reserves.
Congress has worked hard in the past to close the procurement gap
between the active and reserve components to ensure seamless
integration of equipment and compatibility.
{time} 1415
That modernization of those reserve components is highlighted by the
call-up that is happening right now. We cannot go to remote places of
the world without relying upon the Guard and Reserve. We need their air
assets to
[[Page H5776]]
build the air train, for the lift to get us to where we need to be.
As this bill supports them, I want to thank the gentleman from
Missouri (Mr. Skelton) and members of the committee on both sides of
the aisle and the chairman for a job well done in this bill. Please
support this defense bill.
Mr. SKELTON. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, last year in the bill that related to the Department
of Defense, there was a provision that required the General Accounting
Office, the GAO, to examine the Federal Government's progress in its
effort to combat terrorism. As of today, the GAO is making its findings
public.
First, let me point out that for quite some time, we have been in a
quiet war against terrorism. Nothing has happened here on our soil. And
as of September 11, the difference is now that everyone knows it. This
report, which was well in the works before the horrific attacks on
September 11, underscores our need to dedicate more attention to
protecting Americans by combating terrorism.
This report is entitled ``Combatting Terrorism: Progress Made, but
Executive Direction Needed to Address Evolving Challenges.''
The report concludes that while progress has been made, much remains
to be done to establish overall leadership and coordination at the
operational level and to implement a comprehensive national strategy.
The report recommends the establishment of a single focal point for
overall coordination and leadership and calls on the President to
appoint a person to be responsible for threat assessments, strategy,
budgeting, and oversight. The study further suggests the need for
greater consolidation of Federal programs designed to assist State and
local governments such as those managed by the Department of Justice
and the Federal Emergency Management Agency.
This report, though it cannot be of help because of the September 11
acts that occurred, hopefully will be of help in the days and years
ahead.
Madam Chairman, I reserve the balance of my time.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Forbes).
Mr. FORBES. Madam Chairman, I rise in strong support of the National
Defense Authorization Act. In the coming days, we will see a strong
demonstration of America's military might. But as our military responds
to Tuesday's tragic events, keep in mind that this is a military that
has faced a decade of high tempo of operations, armed with declining
numbers of personnel and decreased funding. This other battle, the
battle to maintain readiness, has degraded America's security by
encouraging the attrition of some of its most talented personnel.
Now more than ever, we need to support our service personnel, the
true power behind America's military might.
We must give our soldiers, sailors, airmen and marines modern
weaponry with which to keep American interests secure. We must support
shipbuilding, aircraft procurement, homeland defense, and research and
development. We must support the National Defense Authorization Act if
we want to ensure that America will be able to respond to aggression,
today and tomorrow. The National Defense Authorization Act addresses
the urgent need to rebuild the U.S. military. I urge my fellow Members
to support this balanced measure.
I thank the chairman and the ranking member for their hard work and
dedication to this legislation.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentlewoman from
Florida (Ms. Ros-Lehtinen).
Ms. ROS-LEHTINEN. Madam Chairman, I thank the gentleman for yielding
me this time.
One of the more revealing elements of the approach undertaken by
Osama bin Laden and his terrorist network is the importance of lengthy
preparation, meticulous planning and guerilla warfare. However, it is
not guerilla warfare in the traditional sense. As the barbaric attacks
of September 11 clearly demonstrated, anything and everything is
possible. In the minds of these terrorists, anything and everything is
justified. Thus, the U.S. must be prepared on every front to confront
and eradicate such an enemy.
This bill seeks to accomplish just that. The U.S. and democratic
principles triumphed over tyranny and communism during the Cold War by
following the tenets of the landmark document, NSC-68, and the doctrine
of peace through strength. We did simply more than match capabilities;
we overpowered our adversaries through a policy firmly rooted in U.S.
military superiority and overwhelming strength. The resources and the
funding that we allocate for the war against terrorism must follow this
precedent. We must provide for a flexible, comprehensive, and
definitive response which includes any and all options available to the
U.S.
As Thomas Jefferson wrote in 1788, ``War requires every resource.''
Let us not gamble with the safety and security of the American people.
Let us once again demonstrate congressional resolve. Let us render our
full support to this important legislation.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
North Carolina (Mr. Hayes), a member of the committee.
Mr. HAYES. Madam Chairman, I thank the gentleman from Arizona (Mr.
Stump) and the gentleman from Missouri (Mr. Skelton) for their
absolutely tireless effort on the part of our military, our men and
women in uniform.
Madam Chairman, the tragic events of September 11, 2001, have thrust
our Nation's military into the spotlight and called to duty the brave
men and women of the U.S. Armed Forces. Once again, U.S. citizens are
rallying behind them in strong support of the harrowing mission they
have been called upon to do. We in Congress just passed a $40 billion
funding bill, half of which will be devoted to our military. This
financial support, devoted to our national security, is long in coming.
I am proud to say that as a member of the House Committee on Armed
Services, this legislation that we passed in August took the first step
in rebuilding our military after almost a decade of decay and neglect.
The bill in front of us today marks the most significant increase to
the defense budget since the mid-1980s. It is targeted at two of the
most critical areas crucial to maintaining a healthy and robust
military: quality of life and readiness. For the soldiers in my
district at Fort Bragg, North Carolina, the ability to adequately care
for their families and train for the mission for which they are called
are the two issues that are second to none. I believe this legislation
makes significant progress in these areas. Furthermore, this bill
supports the President's missile defense program and ensures a
necessary and realistic testing program.
Madam Chairman, it is gross injustice and misfortune that it took the
tragedy of a week ago to focus the public eye on the need for a more
robust defense budget. I feel the legislation in front of us today
takes that important first step and sets a clear and strong course to
rebuild our Nation's defenses. I urge my colleagues to send a message,
loud and clear, to our soldiers, sailors and airmen that we will
strongly support them and give them the resources necessary to perform
the mission at hand.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Arizona (Mr. Flake).
Mr. FLAKE. Madam Chairman, I wanted to briefly speak about an
amendment that I had planned to offer. My amendment would have removed
language added by the Committee on Armed Services regarding the B-1
bomber fleet. It is my understanding that an agreement has been worked
out with the administration and the Committee on Armed Services that
had raised concerns over reducing and consolidating the B-1 fleet. I
understand that this is going to be worked out in conference.
It is my concern that we fight today's wars, not yesterday's wars. I
believe that this agreement is going to be satisfactory. I just want to
state for the record that modernizing the B-1 fleet is very important.
I would strongly encourage the two parties to revisit the issue in
conference.
Mr. HUNTER. Madam Chairman, will the gentleman yield?
Mr. FLAKE. I yield to the gentleman from California.
[[Page H5777]]
Mr. HUNTER. Madam Chairman, I just want to add my thoughts on the B-1
fleet, the idea that we have been so short of money the last several
years that we have been like a farmer who has three hay balers and he
cannot afford to keep all three of them running, so he starts
cannibalizing parts off one of them just so he can keep the other two
in operation. That is not the way to run a military, but that is the
way we have been forced to run part of our B-1 fleet.
And so the idea was to save money, we would cut down that fleet,
coming down from the nineties to the sixties, and basically do away
with those operations of some 30-some aircraft. That would take out of
operation one of our fine assets, our most recently built bombers
beyond the few B-2s that we have built, something that has got long-
range capability. In fact, those packages may be utilized in upcoming
air operations.
My own thoughts are that it is wise for us to spend the money that it
takes for the spare parts and the operational support to keep the
entire B-1 fleet in the air and operational. I think that makes sense.
I think that is where the gentleman was going with his amendment.
Mr. FLAKE. I thank the gentleman. Yes, I want a discussion in
conference and want to make sure that we do not foreclose on any option
by the administration.
Mr. HUNTER. Let me just say I would be happy to work with the
gentleman, with Democrat and Republican Members, and with the
administration, to try to persuade them that keeping all our bombers in
the air is the way to go.
Mr. STUMP. Madam Chairman, I yield 3 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Madam Chairman, I would like to talk with the gentleman
from Missouri (Mr. Skelton) who is an expert on the B-2 fleet.
I still think that most Americans do not realize what we have done
with that capability, because I just left the buildings in San Diego
where, during World War II, we built bombers at a rate that was
remarkable. We built a bomber aircraft per hour. That meant that in 1
day, in 24 hours, we would build more aircraft than we have in the
entire B-2 fleet. And in some cases, in missions in Europe and other
places, we lost more than that many planes in a day. Yet the B-2 fleet,
because it has the ability to avoid and evade enemy radar and,
therefore, the ability to penetrate into an enemy's airspace directly
over target, coupled with precision munitions, where instead of
dropping a giant payload of hundreds of bombs on a bridge or another
asset, you send one precision-targeted munition into that one strut on
that bridge and bring it down, that capability, that precision
munitions, coupled with stealth that we have with B-2, has made us very
effective.
Mr. SKELTON. Madam Chairman, will the gentleman yield?
Mr. HUNTER. I yield to the gentleman from Missouri.
Mr. SKELTON. As the gentleman knows, the B-2 fleet from Whiteman Air
Force Base, which is in west central Missouri, did remarkable work
during the Kosovo conflict. The precision ammunition that it used was
the best effort in the history of aerial warfare. In this bill, we are
working towards smaller precision-type ammunition, bombs, and I think
that is a major step.
I also think that, regarding the B-2 fleet, we need certain upgrades
to make sure that we stay ahead of all the technology so that, even
more so, they will be stealthy. They are a first-class instrument of
national defense. The B-2 fleet, as the gentleman knows, is so very,
very important to our future. We must in our capacity as lawmakers and
members of this committee make sure that the upgrades that are
necessary for future technical advancement are bought and paid for.
On a related item, I might tell the gentleman from California that
not long ago I was talking with a marine captain who had just
relinquished his command as a company commander. I was asking him about
his experience. He, of course, being a marine all the way through, was
very proud of his service as commander of that company. But he did
remark, ``We didn't have enough ammunition to train properly.''
The gentleman from California has done yeoman's work in the area. We
need, I think, to do more in the area of ammunition. I know full well
that I join him in that effort.
{time} 1430
Mr. HUNTER. Madam Chairman, I thank the gentleman from Missouri (Mr.
Skelton); and you know, we are working with the administration right
now, and I know he joins this effort to try to make sure that this
package that is being worked up now through the Pentagon includes a lot
of ammo, not only for Marines but for the Army.
Mr. SKELTON. Madam Chairman, I reserve the balance of my time.
Mr. STUMP. Madam Chairman, I yield myself such time as I may consume.
I want to take this opportunity to thank the gentleman from Missouri
(Mr. Skelton), the ranking member, for all his help this past year.
This is our first bill. It has been a joy to work it. He has been the
epitome of a gentleman, and I thank the gentleman, my friend, for all
his hard work. Few people are more diligent when it comes to the
defense of this country than the gentleman from Missouri (Mr. Skelton),
and I commend him again.
I have no further speakers, Madam Chairman.
The CHAIRMAN. Does the gentleman from Missouri yield time?
Mr. SKELTON. How much time do I have remaining, Madam Chairman?
The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 20\1/2\
minutes. The gentleman from Arizona (Mr. Stump) has 10 minutes.
Mr. SKELTON. Madam Chairman, I have one additional speaker who has a
proposed colloquy with me, and I would like to wait a moment for that.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
California (Mr. Cunningham), a member of the Committee on
Appropriations.
Mr. CUNNINGHAM. Madam Chairman, the defense bill has been neglected
for a long period of time, not necessarily by appropriations or even
authorization, but by the utilization of our Armed Forces without
replenishing those forces. It has prevented modernization in many
areas.
I also serve on the Permanent Select Committee on Intelligence; and
if we think about the depreciation of our personnel, of our equipment
and every rock we turn over, whether it is parts, whether it is
training, whether it is ship repair, there is a deficiency.
I would like for everyone to think also, because authorization goes
to appropriations and under the appropriations cycle we fund the
intelligence committees; but every time we had one of those 124
deployments, our intelligence agencies were forced to withdraw from
their budget as well and not modernize both in the HUMINT, ELINT and
areas in which they need to protect us from terrorism as well as
national security from other sources.
I laud the gentlemen on both sides. One of my favorite Members here
in Congress is the gentleman from Missouri (Mr. Skelton), a direct
descendant of Daniel Boone; and he believes in defense, as does the
gentleman from Arizona (Mr. Stump), the chairman, on our side of the
aisle.
It is important now that the Nation realize just how far deficient
that our Armed Forces are and our intelligence service; and if we are
going to do an adequate job of protecting this country, then this must
be just a start.
Mr. SKELTON. Madam Chairman, I would take this opportunity to thank
my friend, the gentleman from California (Mr. Cunningham) for his very
kind and generous remarks.
Madam Chairman, I yield 5 minutes to the gentleman from Massachusetts
(Mr. Frank).
Mr. FRANK. Madam Chairman, I appreciate the time from the gentleman
from Missouri (Mr. Skelton), and I want to pay my deep respects to him
and to the gentleman from Arizona (Mr. Stump), the Chair, and to the
others.
Let me just say parenthetically, I think we here all enormously enjoy
this job almost all the time, but this is such a grave time that I
think none of us feel confident that we are fully adequate to these
terrible decisions and we are all doing our best; and I particularly
admire those who have the responsibility for national security,
especially because from what I have
[[Page H5778]]
learned from our ranking member and others, there was a genuine effort
to work together.
We understand that the kind of differences of opinion we have among
ourselves do not mean a lack of national unity, but we also understand
the importance of international perception, and we all carry with us a
commitment to make sure that none of this murderous gang that has
launched a war on innocent people here get any comfort from our
debates; and indeed, I think and I understand this, there will be less
of a debate in this particular bill over one very controversial issue,
national missile defense, than there might otherwise have been and
there will be some day.
While many regret that, I think that is an appropriate choice, and I
commend the leadership on both sides for acknowledging that because we
do run the risk that the people who do not understand that democracy is
a strength and not a weakness might temporarily be emboldened by that.
So many of us do note that we are supportive of a decision to forgo a
all-out debate at this point, not because this is not an important
issue, but because there will be another and better time in which to do
it.
I do, however, want to stress one aspect of the missile defense
question. President Bush has very wide, virtually unanimous support in
this country in fashioning a response to this terrorism, which is based
on his recognition that it cannot be done without significant
international support. Just as a physical fact, given the location of
Afghanistan, this, given all of the other problems we have with this
far-flung network of murderous assailants that we confront,
international cooperation is very important.
I was particularly struck that former President Bush made a point in
a speech in Boston about the need for us to disavow any notion any
might have had that America can go it alone. This reminds people why we
need the rest of the world.
One discordant note in this, however, potentially, would be an
American decision unilaterally to withdraw from the ABM treaty in the
pursuit of national missile defense. Just as many of us are today
acquiescing in the decision not to have a full-fledged debate on this
issue, I hope the administration, in the interest of national unity and
in the interest of getting that international supportive coalition that
is so critical to success, will not be on the verge of or threatening
to abdicate a treaty which is so important.
Cooperation from Russia and from the former Soviet states,
Uzbekistan, Tajikistan, Kazakhstan, et cetera, that is very important.
Cooperation with China is important. It would be, I think, a mistake if
we were to make it harder to get that necessary multilateral
cooperation by an excessive unilateral approach to the question of the
antiballistic missile treaty.
Just as many of us are deferring our views on the overall issue
because we do not want anyone outside this country to misunderstand, we
do not want anyone to misapprehend the degree of unity and
determination there is here in America, we believe unanimously, almost,
certainly in this Congress, that we have not only the right, but the
moral obligation, to use whatever physical force is necessary to pursue
these murderers, because it is our obligation as the nation of great
strength, to prevent them from trying striking again and again and
again.
But we need to do that with a full respect to our own traditions. We
need to show our moral as well as our physical superiority. Part of
that has been correctly understood by the President of the United
States and by Secretary Powell and others, a multilateral approach.
So, therefore, I hope very strongly that nothing will be done in the
area of missile defense in this next few months that would jeopardize
the important principles of multilateralism, of getting maximum
cooperation. It cannot be a good policy for us completely to disregard
the views of others on that one issue, when we are so eager to have
their cooperation; and we ought to have their cooperation. We are
asking for something in the world's interests, as well as our own.
So, again, I want to thank the ranking member, the Chair and others,
for the example they are setting of cooperation.
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Weldon).
(Mr. Weldon of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Madam Chairman, I thank the gentleman for
yielding me time.
I want to respond to our colleague's comments. The gentleman raises a
valid point, and I want to acknowledge the fact that many of our
colleagues who oppose missile defense are working in a very
constructive way to move forward with this sense of unity; and we
appreciate that.
I want to assure the gentleman that we are working together. In fact,
on Wednesday, a group of us will travel to Moscow. We have been working
for 2 months quietly behind the scenes with the administration, both
the Department of Defense, the National Security Council and the White
House, to put together a major package, the most comprehensive package
ever, to engage Russia and its people in the area of the environment,
education, health care, culture, agriculture, across-the-board, with a
component of that being defense.
We are very sensitive to the gentleman's comments that we do not want
to have this become an issue that becomes divisive. I share that
feeling. Even though we may disagree on missile defense, I share the
gentleman's sentiments. And I know many of our colleagues, like the
gentleman from Ohio (Mr. Kucinich) and others, feel the same way.
So we are using every ounce of energy to reach that compromise to
work together. There will be members of the minority party on the trip.
In fact, the gentleman from New York (Mr. Hinchey) has agreed to go,
the gentleman from Hawaii (Mr. Abercrombie), the gentleman from Texas
(Mr. Edwards) is looking at going with us.
We will have constructive discussions. I want to assure our
colleague, the White House, the Defense Department, and the State
Department understand the gentleman's comments. We do not want to have
this become a split between us and Russia, and I want to pledge my
support to working every possible way I can to make sure that we do
exactly what the gentleman has asked us to do, and that is not box
Russia out.
So I appreciate the gentleman's comments.
Mr. FRANK. Madam Chairman, will the gentleman yield?
Mr. WELDON of Pennsylvania. I yield to the gentleman from
Massachusetts.
Mr. FRANK. Madam Chairman, given the fact that the gentleman
acknowledges, yes, this is an area in which we differ, I appreciate
very much his comments. And I hope that this will be part of the signal
that we set, that we can maintain legitimate differences within our
democratic structure without in any way endangering our unity.
Mr. SKELTON. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, I thank the gentleman from Massachusetts (Mr. Frank),
for his comments on the need for working together with other countries.
One of the pole stars of this entire effort against terrorism will be
that of building a coalition of countries who desire and urge freedom
for their people. So I thank the gentleman for pointing that out.
Madam Chairman, I yield 1 minute to the gentleman from Connecticut
(Mr. Larson).
Mr. LARSON of Connecticut. Madam Chairman, I want to join with those
who have come to this floor today to express, first and foremost, the
heartfelt feelings that all of us on the committee have for the
extraordinary leadership on this committee, exemplified by the
gentleman from Arizona (Mr. Stump) and the gentleman from Missouri (Mr.
Skelton). Truly in this hour of need for our country and throughout
their service on this committee, they have always put America first.
The help that I have received in putting forward legislation from
people like the gentleman from Pennsylvania (Mr. Weldon) and the
gentleman from California (Mr. Hunter) and working with the gentleman
from Mississippi (Mr. Taylor) and the gentleman from Hawaii (Mr.
Abercrombie), makes this
[[Page H5779]]
committee, makes this Chamber, especially during this hour of crisis,
that much more significant, that much more important. To see the debate
that just transpired between two colleagues lets the American people
know how strong and firm and committed we remain.
Mr. STUMP. Madam Chairman, I yield 1 minute to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Madam Chairman, I just want to mention that with respect
to the ranking member who was just talking about the need for a
bilateral policy and working with our allies, obviously that system has
now been energized, in light of the strike on the United States.
I think one other aspect of missile defense has been addressed by
that, because one of the arguments of the Bush Administration to the
Russians has been that while we did sign the ABM agreement with them
and we promised not to defend ourselves against incoming missiles and
they did the same thing with respect to the United States, our argument
has been that this world is a very dangerous place external to that
relationship between the Russians and the United States; that there are
other states out there that would attack the United States that we
should be worried about and who are developing missiles and developing
those systems that could harm us.
{time} 1445
I think that this strike on the United States has given a great deal
of credibility to this message that we have been sending to the
Russians, that we have not only a real threat, but we have obviously
the supreme national interest of defending ourselves against that
threat. I think there is going to be a new tone taken by the Russians
post-strike.
Mr. SKELTON. Madam Chairman, I yield such time as she may consume to
the gentlewoman from California (Ms. Sanchez) for the purposes of a
colloquy.
Ms. SANCHEZ. Madam Chairman, I rise to engage the gentleman from
Missouri (Mr. Skelton), the distinguished ranking member of the
committee, on an issue that directly impacts my district.
Mr. SKELTON. Madam Chairman, if the gentlewoman will yield, I would
be pleased, of course, to engage with the gentlewoman from California
in a discussion of her concerns.
Ms. SANCHEZ. Madam Chairman, as a member of the House Committee on
Armed Services, I wish to bring to the attention of my colleagues and
the administration a problem that involves a former active military
facility in my congressional district, the Marine Corps Air Station of
Tustin.
Mr. SKELTON. Madam Chairman, I would tell the gentlewoman that I am
familiar with the facility, which was closed under the auspices of the
Base Closure and Realignment Commission, also known as BRAC. The
gentlewoman has discussed the status with me in the past.
Ms. SANCHEZ. Madam Chairman, as the gentleman from Missouri knows,
MCAS Tustin was closed along with MCAS El Toro in Orange County,
California. As in other communities throughout the Nation, the local
public and their leaders have had to decide how best to use these
former military installations. In the case of MCAS Tustin, there is
currently a ``tug of war'' going on in my district about the different
interests. The city of Tustin wishes to use most of the facility for
purposes that exclude public benefit conveyances to Santa Ana Unified
School District and Rancho Santiago Community College District.
Mr. SKELTON. Madam Chairman, if the gentlewoman will again yield, I
might say that I am aware of the city of Tustin's base reuse plan and
that there is currently a dispute between the city of Tustin and the
school districts, as the gentlewoman mentions. I further understand
that the Department of the Navy has been meeting with both parties to
try to encourage a compromise solution to the outstanding issues
regarding this former base.
Ms. SANCHEZ. Madam Chairman, that is correct. In short, the city of
Tustin has not provided for the conveyance of enough appropriate land
to accommodate the needs of the growing school district populations in
Santa Ana. The land that the city of Tustin has offered to the school
districts is contaminated and unusable for purposes of housing
children. The Department of the Navy has assured me that the resolution
of the issues surrounding conveyance of this Tustin property for
educational needs is critical in any conveyance decision, and the Navy
continues to encourage a local agreement on the issue and feels that
the lack of an agreement on educational transfers seriously complicates
and has stopped any Navy decision to convey MCAS Tustin property.
Mr. SKELTON. Madam Chairman, that is my understanding of the position
of the Department of the Navy as well. As ranking minority member of
the committee, I can assure the gentlewoman that the committee would
take a very dim view of a transfer of land by the Navy before the
issues that she raises today are resolved.
Ms. SANCHEZ. Madam Chairman, I thank the gentleman.
Mr. McGOVERN. Madam Chairman, I have many concerns about this bill
and our defense budget, including its overall size, weapons systems,
and priorities. I have never supported funding for National Missile
Defense, and I never will. This foolish and expensive program takes
monies away that would be better spent, in my opinion, to combat
terrorism, enhance readiness, and support research on battlefield
medical and other support.
At the same time, I strongly support the significant increases in
this authorizations bill for ``quality of life'' improvements for our
uniformed men and women and their families. H.R. 2586 makes welcome
advances in providing additional resources for military pay, health
care, and housing, as well as health care for our military retirees.
I believe it is important to move this funding forward so that the
Pentagon and our various defense agencies might rest assured that they
have the resources they require to respond effectively to our current
national security crisis.
I would like to take a moment, however, to talk about a small amount
of military aid in this bill, small at least relative to the overall
$343.1 billion authorized in H.R. 2586. But not small in the impact
these funds will have in the country where they will be used.
This bill contains a little over $99 million in military aid for
Colombia. In July, during debate on the foreign operations
appropriations bill, many of my colleagues claimed that the amendment
offered by Congressman Hoekstra and myself would eliminate military
funding for Colombia. We said that was not true--that there were
additional funds in the DOD bill. We were right.
President Pastrana recently announced that Colombia should rethink
the entire approach of the United States-backed Plan Colombia. Indeed,
as the Push Into Southern Colombia proceeds, President Pastrana
described how coca fields are shifting from the southern state of
Putumayo to regions never used before for drug cultivation. The various
armed factions in Colombia--the guerrilla groups, the paramilitary
forces and the Armed Forces--are now entering those regions, fighting
for territorial control and bringing violence and death in their wake.
And the expanded conflict has brought peace negotiations to a halt.
Rather than containing coca cultivation and decreasing the level of
violence in Colombia, our policy is doing the opposite, and drawing
Colombia and the United States into a wider conflict.
As we prepare for yet another war against an enemy that can easily
shift territory and forces, we need to remember that military force
alone can't win these campaigns.
Over $340 billion in military aid for the Pentagon alone won't
guarantee success.
I support the efforts of president Bush, Secretary of State Powell
and other members of the administration to create a global,
multilateral effort to coordinate our diplomatic, economic, judicial,
law enforcement, and intelligence resources. The United States cannot
do this alone, and we should not ``go it alone.''
Increased food aid, development and economic assistance can make a
significant difference in overcoming the poverty, hunger, ignorance,
illiteracy, and oppression, which are often the breeding grounds of
civil unrest, conflict and terrorism.
And unless the United States is actively engaged in finding just and
lasting solutions to the many long-standing conflicts around the globe,
including the Middle East, terrorism will continue to flourish.
Now, more than ever, we must make serious efforts to advance justice,
human dignity and the rule of law to every corner of the globe.
And lest we forget, our national security is grounded in our ability
to provide our own citizens with quality education, health care, a
sound infrastructure, economic opportunity, and fundamental civil
liberties.
[[Page H5780]]
So, while we take up consideration today of this defense bill, I urge
my colleagues to also support significant new investments in food and
development aid, in diplomatic resources, and in strengthening our
domestic and international judicial and law enforcement programs. The
September 11 terrorist attacks were attacks against our freedoms and
the prosperity of our nation and our communities. We must ensure both
continue to advance if we are to genuinely thwart the intent behind
these evil acts.
Ms. McKINNEY. Madam Chairman, I have grave concerns about this bill.
I would first like to say that I hope that reason and common sense
prevail in any decisions on our Nation's future response to terrorism.
Madam Chairman, I pray for God's intervention in ensuring the safe
return of our many young men and women who are now being sent off to
fight this war against terrorism. They face tremendous dangers and
uncertain futures and their families will endure many long and
sleepless nights waiting for their return. We must remember them all
and acknowledge the great personal sacrifices they are going to have to
make on our behalf in the coming days.
budget increase and comparison
The passage of H.R. 2586, the National Defense Authorization Act of
2002, by the House Armed Services Committee represented a near $33
billion dollar increase from fiscal year 2001, and provides a total of
$343.3 billion in budget authority to the Department of Defense for
fiscal year 2002. For the sake of comparison, the House of
Representatives has passed an appropriation totaling $7.7 billion for
the Department of State for fiscal year 2002, and the appropriation for
Foreign Operations was passed by the House at $15.2 billion. The sum of
these two appropriations--$22.9 billion--representing the amount
allocated to diplomancy, international aid, and peace by the United
States, rises only to 70 percent of the defense allocation increase and
6.7 percent of the entire defense budget.
With the financial mismanagement that continues to exist within the
Department of Defense, increases should not be made to many programs
until a system of financial responsibility is instituted to prevent
future overspending and fiscal waste and to address the lack of
accountability.
missile defense
The single largest portion of the budget increase is dedicated to the
development and proliferation of missile defense systems. It should be
apparent to us all that ballistic missiles are not our worst threat at
this time.
The committee's missile defense program is a carbon copy of the Bush
administration proposal. It would dramatically increase the missile
defense budget 57 percent--$3 billion to $8.3 billion. This accelerated
missile defense program is virtually certain to lead China to increase
the number of nuclear weapons pointed at United States cities and may
discourage Russia from making deep cuts in its arsenal. It should be
apparent be apparent to us all that ballistic missiles are not our
worst threat at this time. This program has also had seriously
questionable success in operational tests to date, and functional
operation of any missile defense is still in doubt.
Expensive, high-tech weapons are no substitute for effective
diplomacy, arms control, disarmament, and international cooperation.
Cooperative international arms control and disarmament agreements will
be far more effective in advancing peace and security in the years
ahead and will cost far less than a missile shield.
nuclear reductions
Although both Russia and the United States have ratified START II,
its implementation has become entangled in contradictory conditions by
the Russian Duma and the U.S. Senate over the Anti-Ballistic Missile
(ABM) Treaty. I have been encouraged by President Bush's proposal to
unilaterally reduce the U.S. strategic arsenal, beginning with the 50
Peacekeeper (MX) missiles, which contain 500 nuclear warheads.
Unfortunately, current law prohibits the President from reducing the
nuclear arsenal, other than through START II ratification. Current law
also places unnecessary restrictions on the ability of the President to
de-alert, or take off high-alert status, our nuclear weapons. Currently
the United States and Russia have over 4,000 nuclear weapons aimed at
each other--poised to be launched within minutes.
The committee unfortunately rejected the amendment by Representative
Tom Allen to remove the restrictions in section 1302. It did allow a
second, narrower amendment to remove the restrictions on the MX missile
retirements. However, the committee denied the President the ability to
negotiate deeper reductions with Russia by defeating the first Allen
amendment.
The President, Secretary of Defense Rumsfeld, and the Joint Chiefs of
Staff have all called for reductions in our strategic arsenal. Yet the
majority party on our committee continues to cling to these weapons as
cold war relics.
I was also disappointed that the committee rejected the amendment by
Representative Ellen Tauscher that would have de-alerted the nuclear
weapons in our arsenal that are already slated for retirement. The
first President Bush de-alerted thousands of nuclear weapons in 1991 as
the Warsaw Pact disintegrated. The current President Bush has also
supported the concept of taking nuclear weapons off hair-trigger alert.
Unfortunately the committee again missed an opportunity to demonstrate
leadership in reducing the nuclear danger. In light of recent events, I
think that it would be prudent to de-alert as many nuclear missiles,
and to retire as many as possible lest they become greater targets, or
become threats against ourselves.
MEDICAL ACCESS AND GENDER
I regret that the committee did not support changing current law to
permit service women and female dependents who serve or reside overseas
to access military hospitals and other facilities for the purpose of
privately funded abortions. Similar women who serve or reside within
the United States have constitutionally protected right to access to
legal and safe facilities that provide abortions. Left with no other
option than to either seek an abortion in a potentially unsafe, foreign
medical facility or to forgo an abortion altogether, this legal
provision is tantamount to gender discrimination and should be changed.
Not only does this threaten the health of such women, such a policy is
seemingly unconstitutional, and further, it threatens retention and
recruitment of soldiers. I urge my colleagues to support efforts to
correct this discriminatory discrepancy.
VIEQUES, PUERTO RICO
I find it unfortunate that the committee has sought to reduce the
likelihood of the Navy's departure from the island of Vieques, PR, and
that the Reyes amendment was defeated. The people of Vieques were
provided last year with the opportunity to choose their own fate with
regards to the Navy range, and through a nonbinding referendum on June
29, 2001, overwhelmingly issued their desire for the Navy to depart
from their island. The continued bombing erodes the safety, environment
and economy of this island and its people, and should cease. It is my
hope that the administration is permitted to proceed with the Navy's
planned withdrawal from Vieques in 2003, and that the unlikely
discovery of another ``suitable'' alternate site not be held as
prerequisite for this departure.
domestic use of intelligence
There have been recent revelations about the use of military
intelligence for domestic purposes, specifically with respect to the
surveillance of Dr. Martin Luther King, Jr., and Operation Lantern
Spike. Evidence of such past activities give rise today to grave
constitutional issues and concern about civil liberties. The 1975
report written by the Select Committee to Study Governmental Operations
with Respect to Intelligence Activities revealed practices ``abhorrent
in a free society.'' The Church Committee, named after its Chairman,
Frank Church of Idaho, exposed that in the name of state security and
program of manipulation, infiltration, surveillance, harassment,
disruption, and murder was carried out with the consent of those at the
highest levels of the United States government and against domestic and
international law.
Proposals supporting the creation of a National Homeland Security
Agency raise a specter of the return of the most egregious aspects of
the domestic program that deprived too many Americans of their
constitutional rights and in some cases their lives. The military has
an appropriate role in protecting the United States from foreign
threats, and should remain dedicated to preparing for those threats.
Domestic uses of the military have long been prohibited for good
reason, and the same should continue to apply to all military
functions, especially any and all military intelligence and
surveillance.
international assistance and programs
The escalating war on drugs is another problem area for us. Though I
appreciate a reduction of $4 million from the contributions to Peru for
counterdrug support, the events surrounding the death of American
missionary Veronica Bowers and her 7-month old daughter highlight the
role our Nation and military play in foreign affairs. Though it was
private CIA contractors who were involved in this specific incident,
our military resources are being used to train and support foreign
nations in their efforts to curb drug production and distribution. As
with the transgressions that resulted from training foreign militaries
at the School of the Americas, human rights abuses can result from the
training, arming, and empowerment of developing nations' armed forces.
Further, we should be cautious that such activity does not draw our
nation into difficult regional conflicts, and in light of the apparent
failure of the war on drugs, the entire concept of military-based drug
interdiction and it's efficacy should be reconsidered.
As with the continued bombing and overflights of Iraq and other
operations, I think that
[[Page H5781]]
now is not the time to be fighting proxy wars overseas, making more
enemies abroad than we may already have. Now is a time to focus on
diplomacy abroad and justice and security within, and as such, I do not
support continued funding and training for civil conflicts in Colombia
or elsewhere.
quality of life issues
Despite my reservations with this legislation, it includes positive
aspects that I applaud.
I would like to commend the committee, and particularly the Personnel
Subcommittee for the increase in military pay and salaries. This is an
appropriate step that not only provides our service men and women with
sufficient compensation, but also achieves two other important goals:
furthering the profession of the military and the responsibility
inherent in the changing roles of the armed forces; and enhances the
retention of service men and women. Similarly, increases in moving
allowances, housing expenditures, provisions permitting concurrent
receipt of retired pay and veteran's disability benefits, and efforts
to protect voting rights of personnel are praiseworthy.
Much has changed since the committee passed this bill in August. Many
of the nations that we perceive as a threat will respond to the
expansion and proliferation of missile defense, the expanding role of
the military in drug interdiction, and prevention of reductions in
nuclear missiles. It is uncertain how these nations will respond, but I
am confident that diplomacy and engagement will have much more positive
effects on our national security than will an expanding defense budget.
Similarly, the Department of Defense should be urged to respond to the
trust that is instilled in it by reforming its financial management,
reducing the obstruction that has plagued its history, and by eschewing
involvement in domestic issues. I urge this body to prudently consider
its role in developing not only national policy, but also international
relations, and to realize that as the global leader we have a role not
only in preparing for war, but also in promoting peace.
Mr. SOUDER. Madam Chairman, I rise in support of this bill at a
particularly critical time for our Nation. As chairman of the Drug
Policy Subcommittee and one of the cochairs of the Speaker's Task Force
for a Drug Free America, however, I wanted to express my desire to work
with all interested parties with respect to critical counterdrug
programs.
My subcommittee and the Speaker's Task Force have watched with some
concern as significant changes to the Defense Department's counterdrug
program and organization have been considered. This is an issue which
deserves careful attention, and I very much appreciate the Armed
Service's Committee's clear statement of its support for a robust
counterdrug role for the Department. I also appreciate the committee's
stated intention to continue to direct careful and continuing attention
to departmental reorganization initiatives in this area.
Our counterdrug efforts are interagency efforts that require
cooperation and coordination from agencies across the Federal
Government. It is critical that the Defense Department not unilaterally
withdraw key support in this area or conduct fundamental
reorganizations without consulting with the Office of National Drug
Control Policy and other affected Federal agencies. Any policy changes
in this area must be considered in light of the overall national drug
control strategy issued by ONDCP.
I would also like to express my concern about a provision of this
bill related to the Tethered Aerostat Radar System, or TARS. I intended
to offer an amendment regarding this provision, but was not able to
submit it due to the extremely early deadline set by the Rules
Committee regarding the bill. The TARS system has been an important
asset to our narcotics interdiction efforts along the southern border
and the Caribbean and has been operated in cooperation between the
Department of Defense and the U.S. Customs Service. TARS balloons
provide a platform for radars to detect incoming aircraft attempting to
smuggle drugs into the United States.
The Defense Department has determined that the TARS system is no
longer needed for national defense purposes, and has now shut down
virtually all of the aerostats which previously operated in the
Caribbean and the Gulf of Mexico. However, the Customs Service strongly
believes, as do I, that these assets remain critical to our drug
interdiction efforts. The Department and the Customs Service have been
attempting to reach an agreement to transfer the system completely to
the Customs Service. Because of the change in administration, those
discussions have been stalled. The relevant political officials have
only recently started work at DOD, and we still do not have a confirmed
Commissioner of Customs.
This bill contains a provision authorizing the Secretary of Defense
to transfer the TARS system to the Customs Service, which I support. I
am concerned, however, that the bill contains a specific deadline of
the end of the next fiscal year by which the transfer must be completed
or the system will effectively be shut down. Since Customs Service
officials have not yet been able to resume discussions with the Defense
Department on this matter, I do not believe that it is wise either to
mandate a specific date for the resolution of this matter, or to pass
legislation which would relieve the Defense Department of its
responsibility to operate this system without providing for a mechanism
to ensure that the counterdrug mission will continue.
I ask the committee to consider removing this deadline in the final
version of the legislation and look forward to working with all
interested parties to reach an appropriate resolution of this matter.
Mr. GALLEGLY. Madam Chairman, I rise today to thank both subcommittee
Chairman McHugh and Chairman Stump for their help in including my
legislation within the Defense Authorization Act to create a Korea
Defense Service Medal for those members of the Armed Forces who served,
and still serve, in Korea.
Madam Chairman, more than 40,000 members of the United States Armed
Forces have served on the Korean Peninsula each year since the
armistice was signed in July 1953. Since then, an estimated 1,200
service men and women have died as a direct result of their service in
Korea.
Service medals are given the veterans who serve in particular regions
during times of hostility or the threat of hostility. For example,
those who served in Berlin during the cold war were awarded a service
medal. Since the Korean armistice was signed, there have been more than
40,000 breaches of the cease-fire, making it among the more dangerous
places to serve. However, no campaign medal has been awarded for Korean
service.
In light of the current crisis, it is appropriate that we honor the
thousands of dedicated and brave men and women we have sent, and
continue to send, to Korea. This recognition is long overdue.
On another note, I again want to thank Chairman Stump for supporting
several projects that will upgrade the Navy facilities at Pt. Mugu and
Port Hueneme, CA. The chairman and his staff have been most helpful and
his interest in these facilities and the welfare of our service men and
women is greatly appreciated.
Mr. BILIRAKIS. Madam Chairman, some military retirees--individuals
who are eligible for military retirement benefits as a result of a full
service career--are also eligible for disability compensation from the
VA based on a medical problem they incurred while in the service. Under
present law, these service-disabled retirees must surrender a portion
of their retired pay if they want to receive the disability
compensation to which they are entitled. Congress enacted this unjust
law in 1891.
Think of two soldiers who joined the Army together and were wounded
in the same battle. Joe left the Army after his 4-year stint and joined
the Department of Justice as a civilian employee. Jim stayed on and
made a career in the military.
Thirty years later, both men are receiving Federal longevity retired
pay based on their careers. Both are also eligible for VA disability
compensation as a result of the injuries they sustained while in the
Army. The difference is that in order to get his disability
compensation, Jim must forfeit an equal amount of his retired pay,
while Joe collects the full amount of both benefits without a deduction
in either.
Why should the individual who chose a military career be penalized?
One benefit is based on longevity in a career, the other on an injury
sustained while in the service. Joe in our example can even receive
civil service retirement credit for his four years in the military.
Yet, Jim is branded a ``double dipper.'' This simply is not fair.
Nationwide, more than 500,000 disabled military retirees must give up
their retired pay in order to receive their VA disability compensation.
In effect, they must pay for their VA disability out of their military
retirement--something no other Federal retiree must do. How can we
possibly expect to maintain a viable national defense if service
members realize that if they experience a service-connected disability,
they cannot receive both VA disability compensation and military
retired pay?
The 106th Congress took the first steps toward addressing this
inequity by authorizing the military to pay a monthly allowance to
military retirees with severe service-connected disabilities rated by
the Department of Veterans' Affairs at 70 percent or greater. While
these special compensation provisions do not correct the long-standing
inequity of the current offset, they do move us one step closer to
correcting this injustice once and for all.
In the beginning of the 107th Congress, I once again introduced H.R.
303, the Retired Pay Restoration Act, to eliminate the current offset
between military retired pay and VA disability compensation. I am
pleased to report that my bill has received strong bipartisan support
with approximately 370 cosponsors in the
[[Page H5782]]
House--roughly 85 percent of House Members. A Senate companion bill, S.
170, has also received strong support with 73 cosponsors.
I would like to thank Military Personnel Subcommittee Chairman John
McHugh and full committee Chairman Bob Stump for working with me this
year to incorporate ``concurrent receipt'' language into H.R. 2586, the
FY 2002 National Defense Authorization Act.
I also want to thank Representatives Steve Buyer and Charlie Bass for
their assistance. They have been stalwart supporters of eliminating the
current offset.
H.R. 2586 includes a provision to authorize military retirees to
receive VA disability compensation concurrently with military retired
pay. This provision will take effect after the President submits
legislation in an annual budget request and Congress enacts legislation
to offset the cost of this initiative. While not perfect, I do believe
that this language is an important step in our efforts to eliminate the
offset between military retired pay and VA disability compensation.
Each of the thousands of disabled military retirees answered when
America called. Now it's time for America to answer their call.
I urge colleagues to support H.R. 2586.
Mr. SAM JOHNSON of Texas. Madam Chairman, as a nation, we have
unfortunately witnessed firsthand the true threats to our Nation's
security. It is vital for every Member to support our men and women in
uniform--and this bill. Right now, our troops are being sent into
harm's way--to protect us.
They are being asked to leave their families and defend this country
against an enemy we do not fully understand, for an amount of time we
cannot determine. For 8 long years, we neglected our forces.
For America to win the war against terrorism, our military must have
the best equipment, the best training, and the best resources
available.
Our lives have changed forever, but the role of our military is still
the same--to protect America. It is time to give them what they need
now. They deserve our help and support.
You know, we live in the greatest nation on Earth. And we have a
President and Commander-in-Chief who believes in our strength and in
our military's might.
This bill today reflects that confidence. Rest assured, we can and
will win this war against freedom.
Vote for freedom.
Vote for our men and women in uniform.
Vote for this bill.
Mr. ORTIZ. Madam Chairman, I rise in strong support of H.R. 2586, the
National Defense Authorization Act for Fiscal Year 2002. I want to
specifically address the provisions in the Act relating to military
readiness.
First, I would like to express my appreciation to the Readiness
Subcommittee leadership and to my colleagues, on both the subcommittee
and the full committee, for the manner in which the readiness
provisions of H.R. 2586 were developed this session. I want to express
my personal thanks to my friend and colleague, Curt Weldon, for the
extraordinary steps he took while serving as chairman of the Readiness
Subcommittee to focus attention on the critical readiness issues facing
our military and the Nation. While we may differ on some policy and
program objectives, we on the subcommittee were able to get a better
appreciation of the challenges our military personnel and dedicated
civilian employees face in trying to do more with less. For their
effort, we can all be proud. I personally remain concerned about how
long they will be able to keep up the pace.
Accepting the budget realities we are facing, the readiness
provisions in the bill reflect some of the steps I believe are
necessary, with the dollars available, to make their tasks easier. It
does not provide all that is needed. I remain perplexed when I reflect
on the impact that the resource shortages are having on every facet of
our military. That includes the stability of our dedicated civilian
employees who are also being asked to remain productive while at the
same time the Department appears to be trying to take away their jobs.
I regret that we are unable to do more about the deplorable facilities
our personnel must use to train and to maintain equipment. There is an
immediate need for the administration and the Congress to scrub the
budget to address this serious budget shortfall. I am very concerned
that what was thought to be a certain commitment of additional funds
for defense could turn out to be a hollow promise.
Madam Chairman, I want to make it very clear that I believe that the
readiness policy provisions in H.R. 2586 represent a step in the right
direction. We denied several policy modifications requested by the
Department that would do harm to overall readiness. It is the dollar
shortfall that raises my concern. I hope that as we continue with the
passage of this bill and go into conference with the Senate, we will
continue to search for opportunities to increase the resources
available for the readiness accounts. We cannot afford to fail in this
endeavor.
I hope my colleagues will join me in supporting H.R. 2586.
Mr. STUMP. Madam Chairman, I would like to submit the following
letters for the Congressional Record for H.R. 2586, the National
Defense Authorization Act of 2001.
U.S. House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, August 14, 2001.
Hon. Bob Stump, Chairman,
Committee on Armed Services, Washington, DC.
Dear Mr. Chairman, This letter concerns the jurisdiction
interest of the Committee on Transportation and
Infrastructure in H.R. 2586, the Department of Defense
Authorization Act for Fiscal Year 2002.
H.R. 2586, as ordered reported by the Committee on Armed
Services, contains many provisions over which the Committee
on Transportation and Infrastructure has jurisdiction. As in
previous bills, these include all sections that affect the
pay, benefits, and personnel of the United States Coast Guard
and the United States Coast Guard Reserve.
Our Committee recognizes the importance of H.R. 2586 and
the need for this legislation to move expeditiously. While we
have a valid claim to jurisdiction over a number of
provisions in the bill, including many that affect the United
States Coast Guard, I do not intend to request a sequential
referral of the bill. This is, of course, conditional on our
mutual understanding that nothing in this legislation waives
or affects the jurisdiction of the Transportation Committee,
that every effort will be made to include any agreements
worked out by our staffs as the bill is taken to the Floor,
and that a copy of this letter and your response will be
included in the Committee Report and as part of the record
during consideration of the bill by the House.
The Committee on Transportation and Infrastructure also
requests to be included as conferees on the provisions over
which we have jurisdiction.
Thank you for your cooperation in this matter.
Sincerely,
Don Young,
Chairman.
____
U.S. House of Representatives,
Committee on Armed Services,
Washington, DC, August 29, 2001.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman. Thank you for your letter of August 14,
2001 regarding H.R. 2586, the National Defense Authorization
Act for Fiscal Year 2002.
I agree that the Committee on Transportation and
Infrastructure has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request such a referral
in the interest of expediting consideration of the bill. I
agree that by foregoing a sequential referral, the Committee
on Transportation and Infrastructure is not waiving its
jurisdiction. Further, as you requested, this exchange of
letters will be included in the Committee report on the bill.
Thank you for your cooperation in this matter.
Sincerely,
Bob Stump,
Chairman.
____
U.S. House of Representatives,
Committee on Education and the Workforce,
Washington, DC, August 28, 2001.
Hon. Bob Stump,
Chairman, Committee on Armed Services, Washington, DC.
Dear Chairman Stump. Thank you for working with me in your
development of H.R. 2586, the ``National Defense
Authorization Act for Fiscal Year 2002,'' specifically: 1.
Section 341, ``Assistance to Local Educational Agencies that
Benefit Dependents of Members of the Armed Forces and
Department of Defense Civilian Employees'' 2. Section 342,
``Availability of Auxiliary Services of Defense Dependents
education system for dependents who are home school
students'' 3. Section 343, ``Report regarding Compensation
for teachers employed in teaching positions in overseas
schools operated by the Department of Defense'' 4. Section
509, ``One-year Extension of expiration date for certain
force management authorities'' 5. Section 584,
``Clarification of military recruiter access to secondary
school directory information about students.''
As you know, these provisions are within the jurisdiction
of the Education and the Workforce Committee. While I do not
intend to seek sequential referral of H.R. 2586, the
Committee does hold an interest in preserving its future
jurisdiction with respect to issues raised in the
aforementioned provisions and its jurisdictional prerogatives
should the provisions of this bill or any Senate amendments
thereto be considered in a conference with the Senate. We
would expect to be appointed as conferees on these provisions
should be a conference with the Senate arise.
Again, I thank you for working with me in developing the
amendments to H.R. 2586 and look forward to working with you
on these issues in the future.
Sincerely,
John Boehner,
Chairman.
[[Page H5783]]
____
U.S. House of Representatives,
Committee on the Judiciary,
Washington, DC, August 31, 2001.
Hon. Bob Stump,
Chairman, House Committee on Armed Services, U.S. House of
Representatives, Washington, DC.
Dear Bob. Thank you for working with me regarding H.R.
2586, the ``National Defense Authorization Act for Fiscal
Year 2002,'' which was referred to the Committee on Armed
Services. As you know, the Committee on the Judiciary has a
jurisdictional interest in this legislation, and I appreciate
your acknowledgment of that jurisdictional interest. While
the bill would be sequentially referred to the Judiciary
Committee, I understand the desire to have this legislation
considered expeditiously by the House; therefore, I do not
intend to hold a hearing or markup on this legislation.
In agreeing to waive consideration by our Committee, I
would expect you to agree that this procedural route should
not be construed to prejudice the Committee on the
Judiciary's jurisdictional interest and prerogatives on this
or any similar legislation and will not be considered as
precedent for consideration of matters of jurisdictional
interest to my Committee in the future. The Committee on the
Judiciary takes this action with the understanding that the
Committee's jurisdiction over the provisions within the
Committee's jurisdiction is in no way diminished or altered,
and that the Committee's right to the appointment of
conferees during any conference on the bill is preserved. I
would also expect your support in my request to the Speaker
for the appointment of conferees from my Committee with
respect to matters within the jurisdiction of my Committee
should a conference with the Senate be convened on this or
similar legislation.
Again, thank you for your cooperation on this important
matter. I would appreciate your including our exchange of
letters in your Committee's report to accompany H.R. 2586.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.
____
U.S. House of Representatives,
Committee on Armed Services,
Washington, DC, August 31, 2001.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, U.S. House of
Representatives, Washington, DC.
Dear Mr. Chairman. Thank you for your letter of August 31,
2001 regarding H.R. 2586, the National Defense Authorization
Act for Fiscal Year 2002.
I agree that the Committee on the Judiciary has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request such a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on the Judiciary is not
waiving its jurisdiction. Further, as you requested, this
exchange of letters will be included in the Committee report
on the bill.
Thank you for your cooperation in this matter.
Sincerely,
Bob Stump,
Chairman.
____
U.S. House of Representatives,
Committee on Resources,
Washington, DC, August 31, 2001.
Hon. Bob Stump,
Chairman, Committee on the Armed Services, Washington, DC.
Dear Mr. Chairman. Thank you for an opportunity to review
the text of H.R. 2586, the National Defense Authorization Act
of 2002, for provisions which are within the jurisdiction of
the Committee on Resources. Among these provisions are those
dealing with benefits for the National Oceanic and
Atmospheric Administration Corps, environmental review,
public lands, and territories of the United States.
Because of the continued cooperation and consideration you
have afforded me and my staff in developing these provisions,
I will not seek a sequential referral of H.R. 2586 based on
their inclusion in the bill. Of course, this waiver is not
intended to prejudice any future jurisdictional claims over
these provisions or similar language. I also reserve the
right to seek to have conferees named from the Committee on
Resources on these provisions, should such a conference
become necessary.
Once again, I appreciate working with you and your staff on
these matters, and look forward to urging my colleagues to
support and pass H.R. 2586.
Sincerely,
James V. Hansen,
Chairman.
____
U.S. House of Representatives,
Committee on Energy and Commerce,
Washington, DC, September 4, 2001.
Hon. Bob Stump,
Chairman, Committee on Armed Services, U.S. House of
Representatives, Washington, DC.
Dear Chairman Stump. On August 1, 2001, the Committee on
Armed Services ordered reported H.R. 2586, the National
Defense Authorization Act for Fiscal Year 2002. As ordered
reported by the Committee on Armed Services, this legislation
contains a number of provisions that fall within the
jurisdiction of the Committee on Energy and Commerce. These
provisions include the following:
Section 509--One-year extension of expiration date for
certain force management authorities.
Section 514--Improved disability benefits for certain
reserve component members.
Subtitle A of title 6--Pay and Allowances
Section 611--One-year extension of certain bonus and
special pay authorities for reserve forces.
Section 612--One-year extension of certain bonus and
special pay authorities for nurse officer candidates,
registered nurses, and nurse anesthetists.
Section 2906--Environmental compliance and environmental
response requirements.
Section 3131--Termination date of Office of River
Protection, Richland, Washington.
Section 3132--Organizational modifications for National
Nuclear Security Administration.
Section 3201--Defense Nuclear Facilities Safety Board
Authorization.
I understand that two provisions within my jurisdiction
that are in the bill as ordered reported will be deleted in
the reported version of H.R. 2586: (1) section 316,
concerning the authority of the Department of Defense to
accept and store mercury and (2) section 712, listing
requirements regarding a Presidential task force. Further, I
understand that section 3134, dealing with the disposition of
surplus plutonium at the Savannah River Site in Aiken, South
Carolina, will be modified to make clear that it only deals
with military surplus plutonium, and therefore will not fall
within my committee's jurisdiction.
Recognizing your interest in bringing this legislation
before the House expeditiously, the Committee on Energy and
Commerce agrees not to seek a sequential referral of the bill
based on the provisions listed above. By agreeing not to seek
a sequential referral, the Committee on Energy and Commerce
does not waive its jurisdiction over these provisions or any
other provisions of the bill that may fall within its
jurisdiction. In addition, the Committee on Energy and
Commerce reserves its right to seek conferees on any
provisions within its jurisdiction which are considered in
the House-Senate conference, and asks for your support in
being accorded such conferees.
I request you include this letter as part of the report on
H.R. 2586 and as part of the Record during consideration of
this bill by the House.
Sincerely,
W.J. ``Billy'' Tauzin,
Chairman.
____
U.S. House of Representatives,
Committee on Government Reform,
Washington, DC, September 5, 2001.
Hon. Bob Stump,
Chairman,
Committee on Armed Services, Washington, DC.
Dear Mr. Chairman: The Committee on Government Reform has
decided not to assert its jurisdiction over the following
provisions of H.R. 2586, the National Defense Authorization
Act for Fiscal Year 2002, that fall within the Committee's
jurisdiction.
Title III--Operation and Maintenance
Section 333. Continuation of contractor manpower reporting
system in Department of the Army.
Title V--Military Personnel Policy
Section 519. Use of military leave for funeral honors duty
by Reserve members and National Guardsmen.
Section 588. Payment of FEHBP premiums for certain
Reservists called to active duty in support of contingency
operations.
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters.
Section 803. Two-year extension of program applying
simplified procedures to certain commercial items.
Section 811 through 819. Erroneous Payment Recovery.
Title X--General Provisions
Section 1041. Limited access to sensitive unclassified
information for administrative support contractors.
Title XI--Civilian Personnel
Section 1101. Undergraduate training program for employees
of the National Imagery and Mapping Agency.
Section 1103. Payment of expenses to obtain professional
credentials.
Section 1104. Retirement portability elections for certain
Department of Defense and Coast Guard employees.
Section 1105. Removal of requirement that granting civil
service compensatory time be based on amount of irregular
occasional overtime work.
Section 1106. Applicability of certain laws to certain
individuals assigned to work in the Federal Government.
Section 1107. Limitation on premium pay.
Section 1108. Use of common occupational and health
standards as a basis for differential payments made as a
consequence of exposure to asbestos.
Section 1110. ``Monroney amendment'' restored to its prior
form.
Title XXXII--Defense Nuclear Facilities Safety Board
Section 3132. Organizational modifications for National
Nuclear Security Administration.
As you know, House Rule X, Establishment and Jurisdiction
of Standing Committees, grants the Committee on Government
Reform wide jurisdiction over government management issues
including matters related to Federal civil service,
procurement policy, and property disposal. The Committee's
decision not to exercise its jurisdiction for these
provisions is not intended or designed to limit our
jurisdiction over any future consideration of related
matters. I also
[[Page H5784]]
intend to request that I be appointed as a conferee on all of
the sections of the bill that fall within the jurisdiction of
the Committee on Government Reform.
Mr. Chairman, we appreciate your consultation with the
Government Reform Committee on these matters.
Sincerely,
Dan Burton,
Chairman.
____
U.S. House of Representatives,
Committee on International Relations,
Washington, DC, September 6, 2001.
Hon. Bob Stump,
Chairman, Committee on Armed Services, Washington, DC.
Dear Mr. Chairman. I understand that on Wednesday, August
1, 2001, the Committee on Armed Services ordered favorably
reported H.R. 2586, the National Defense Authorization Act
for Fiscal Year 2002. The bill includes a number of
provisions that fall within the legislative jurisdiction of
the Committee on International Relations pursuant to Rule
X(1)(j) of the House of Representatives.
The specific provisions within our committee's jurisdiction
are: (1) Section 1011, Revision in Types of Excess Naval
Vessels for Which Approval by Law is Required for Disposal to
Foreign Countries; (2) Section 1045, Sense of Congress on the
Importance of the Kwajalein Missile Range/Ronald Reagan
Defense Initiative Test Site at Kwajalein Atoll; (3) Section
1201, Clarification of Authority to Furnish Nuclear Test
Monitoring Equipment to Foreign Governments; (4) Section
1202, Acquisition of Logistical Support for Security Forces;
(5) Section 1203, Report on the Sale and Transfer of Military
Hardware, Expertise, and Technology from States of the Former
Soviet Union to the People's Republic of China; (6) Section
1205, Extension of Authority to Provide Assistance Under
Weapons of Mass Destruction Act for Support of United
Nations-Sponsored Efforts to Inspect and Monitor Iraqi
Weapons Activities; (7) Section 1206, Repeal of Requirement
for Reporting to Congress on Military Deployments to Haiti;
(8) Section 1207, Report by Comptroller General on Provision
of Defense Articles, Services, and Military Education and
Training to Foreign Countries and International
Organizations; and (9) Title XIII, Cooperative Threat
Reduction with States of the Former Soviet Union.
Pursuant to Chairman Dreier's expected announcement that
the Committee on Rules will move expeditiously to consider a
rule for H.R. 2586 and your desire to have the bill
considered on the House floor next week, the Committee on
International Relations will not seek a sequential referral
of the bill as a result of including these provisions,
without waiving or ceding now or in the future this
committee's jurisdiction over the provisions in question. I
believe, however, that certain of these provisions,
particularly sections 1011 and 1045, require additional
refinement, and I look forward to working with you as H.R.
2586 moves through the legislative process to make any
appropriate changes to these provisions. I will seek to have
conferees appointed for these provisions during any House-
Senate conference committee.
Although this letter was not included in the report
accompanying H.R. 2586, I intend to publish this letter in
the Congressional Record and make it part of the record
during consideration of the bill by the House of
Representatives.
With best wishes,
Sincerely,
Henry J. Hyde,
Chairman.
Mr. SKELTON. Madam Chairman, I yield back the balance of my time.
Mr. STUMP. Madam Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for the general debate has expired.
Pursuant to the order of the House of Wednesday, September 19, 2001,
the committee amendment in the nature of a substitute printed in the
bill is considered as an original bill for the purpose of amendment and
is considered read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 2586
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 2002''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
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. Chemical demilitarization program.
Sec. 107. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Extension of multiyear contract for Family of Medium Tactical
Vehicles.
Sec. 112. Repeal of limitations on bunker defeat munitions program.
Subtitle C--Air Force Programs
Sec. 121. Responsibility of Air Force for contracts for all defense
space launches.
Sec. 122. Multi-year procurement of C-17 aircraft.
Subtitle D--Chemical Munitions Destruction
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Cooperative Department of Defense-Department of Veterans
Affairs medical research program.
Sec. 212. Advanced Land Attack Missile program.
Sec. 213. Collaborative program for development of advanced radar
systems for naval applications.
Subtitle C--Ballistic Missile Defense
Sec. 231. Transfer of responsibility for procurement for missile
defense programs from Ballistic Missile Defense
Organization to military departments.
Sec. 232. Repeal of program element requirements for ballistic missile
defense programs.
Sec. 233. Support of ballistic missile defense activities of the
Department of Defense by the national defense
laboratories of the Department of Energy.
Sec. 234. Missile defense testing initiative.
Sec. 235. Missile Defense System Test Bed Facilities.
Subtitle D--Other Matters
Sec. 241. Establishment of unmanned aerial vehicle joint operational
test bed system.
Sec. 242. Demonstration project to increase small business and
university participation in Office of Naval Research
efforts to extend benefits of science and technology
research to fleet.
Sec. 243. Management responsibility for Navy mine countermeasures
programs.
Sec. 244. Program to accelerate the introduction of innovative
technology in defense acquisition programs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B--Environmental Provisions
Sec. 311. Inventory of explosive risk sites at former military ranges.
Sec. 312. National security impact statements.
Sec. 313. Reimbursement for certain costs in connection with Hooper
Sands site, South Berwick, Maine.
Sec. 314. River mitigation studies.
Sec. 315. Elimination of annual report on contractor reimbursement for
costs of environmental response actions.
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 321. Reserve component commissary benefits.
Sec. 322. Reimbursement for noncommissary use of commissary facilities.
Sec. 323. Civil recovery for nonappropriated fund instrumentality costs
related to shoplifting.
Subtitle D--Workforce and Depot Issues
Sec. 331. Fiscal year 2002 limitations on workforce reviews.
Sec. 332. Applicability of core logistics capability requirements to
nuclear aircraft carriers.
Sec. 333. Continuation of contractor manpower reporting system in
Department of the Army.
Sec. 334. Limitation on expansion of Wholesale Logistics Modernization
Program.
Sec. 335. Pilot project for exclusion of certain expenditures from
limitation on private sector performance of depot-level
maintenance.
Sec. 336. Protections for purchasers of articles and services
manufactured or performed by working-capital funded
industrial facilities of the Department of Defense.
Subtitle E--Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
[[Page H5785]]
Sec. 342. Availability of auxiliary services of defense dependents'
education system for dependents who are home school
students.
Sec. 343. Report regarding compensation for teachers employed in
teaching positions in overseas schools operated by the
Department of Defense.
Subtitle F--Other Matters
Sec. 351. Availability of excess defense personal property to support
Department of Veterans Affairs initiative to assist
homeless veterans.
Sec. 352. Continuation of limitations on implementation of Navy-Marine
Corps Intranet contract.
Sec. 353. Completion and evaluation of current demonstration programs
to improve quality of personal property shipments of
members.
Sec. 354. Expansion of entities eligible for loan, gift, and exchange
of documents, historical artifacts, and obsolete combat
materiel.
Subtitle G--Service Contracting Reform
Sec. 361. Short title.
Sec. 362. Required cost savings level for change of function to
contractor performance.
Sec. 363. Applicability of study and reporting requirements to new
commercial or industrial type functions.
Sec. 364. Repeal of waiver for small functions.
Sec. 365. Requirement for equity in public-private competitions.
Sec. 366. Reporting requirements regarding Department of Defense's
service contractor workforce.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.
Sec. 415. Limitations on numbers of Reserve personnel serving on active
duty or full-time National Guard duty in certain grades
for administration of Reserve components.
Subtitle C--Other Matters Relating to Personnel Strengths
Sec. 421. Increase in percentage by which active component end
strengths for any fiscal year may be increased.
Sec. 422. Active duty end strength exemption for National Guard and
reserve personnel performing funeral honors functions.
Sec. 423. Increase in authorized strengths for Air Force officers on
active duty in the grade of major.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General Personnel Management Authorities
Sec. 501. Enhanced flexibility for management of senior general and
flag officer positions.
Sec. 502. Original appointments in regular grades for Academy graduates
and certain other new officers.
Sec. 503. Temporary reduction of time-in-grade requirement for
eligibility for promotion for certain active-duty list
officers in grades of first lieutenant and lieutenant
(junior grade).
Sec. 504. Increase in senior enlisted active duty grade limit for Navy,
Marine Corps, and Air Force.
Sec. 505. Authority for limited extension of medical deferment of
mandatory retirement or separation.
Sec. 506. Authority for limited extension on active duty of members
subject to mandatory retirement or separation.
Sec. 507. Clarification of disability severance pay computation.
Sec. 508. Officer in charge of United States Navy Band.
Sec. 509. One-year extension of expiration date for certain force
management authorities.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Placement on active-duty list of certain reserve officers on
active duty for a period of three years or less.
Sec. 512. Expanded application of Reserve special selection boards.
Sec. 513. Exception to baccalaureate degree requirement for appointment
of reserve officers to grades above first lieutenant.
Sec. 514. Improved disability benefits for certain reserve component
members.
Sec. 515. Time-in-grade requirement for reserve component officers with
a nonservice connected disability.
Sec. 516. Reserve members considered to be deployed for purposes of
personnel tempo management.
Sec. 517. Funeral honors duty performed by Reserve and Guard members to
be treated as inactive-duty training for certain
purposes.
Sec. 518. Members of the National Guard performing funeral honors duty
while in non-Federal status.
Sec. 519. Use of military leave for funeral honors duty by Reserve
members and National Guardsmen.
Subtitle C--Joint Specialty Officers and Joint Professional Military
Education
Sec. 521. Nominations for joint specialty.
Sec. 522. Joint duty credit.
Sec. 523. Retroactive joint service credit for duty in certain joint
task forces.
Sec. 524. Revision to annual report on joint officer management.
Sec. 525. Requirement for selection for joint specialty before
promotion to general or flag officer grade.
Sec. 526. Independent study of joint officer management and joint
professional military education reforms.
Sec. 527. Professional development education.
Sec. 528. Authority for National Defense University to enroll certain
private sector civilians.
Sec. 529. Continuation of reserve component professional military
education test.
Subtitle D--Military Education and Training
Sec. 531. Defense Language Institute Foreign Language Center.
Sec. 532. Authority for the Marine Corps University to award degree of
master of strategic studies.
Sec. 533. Increase in number of foreign students authorized to be
admitted to the service academies.
Sec. 534. Increase in maximum age for appointment as a cadet or
midshipman in Senior Reserve Officer Training Corps
scholarship programs.
Sec. 535. Active duty participation as a cadet or midshipman in Senior
ROTC advanced training.
Sec. 536. Authority to modify the service obligation of certain ROTC
cadets in military junior colleges receiving financial
assistance.
Sec. 537. Modification of nurse officer candidate accession program
restriction on students attending educational
institutions with Senior Reserve Officers' Training
programs.
Sec. 538. Repeal of limitation on number of Junior Reserve Officers'
Training Corps (JROTC) units.
Sec. 539. Reserve health professionals stipend program expansion.
Sec. 540. Housing allowance for the Chaplain for the Corps of Cadets,
United States Military Academy.
Subtitle E--Decorations, Awards, and Commendations
Sec. 541. Authority for award of the medal of honor to Humbert R.
Versace for valor during the Vietnam War.
Sec. 542. Review regarding award of medal of honor to certain Jewish
American and Hispanic American war veterans.
Sec. 543. Authority to issue duplicate medal of honor.
Sec. 544. Authority to replace stolen military decorations.
Sec. 545. Waiver of time limitations for award of Navy Distinguished
Flying Cross to certain persons.
Sec. 546. Korea Defense Service medal.
Sec. 547. Cold War Service medal.
Sec. 548. Option to convert award of Armed Forces Expeditionary Medal
awarded for Operation Frequent Wind to Vietnam Service
Medal.
Subtitle F--Matters Relating to Voting
Sec. 551. Voting assessments and assistance for members of the
uniformed services.
Sec. 552. Electronic voting demonstration project.
Subtitle G--Matters Relating to Military Spouses and Family Members
Sec. 561. Improved financial and other assistance to military spouses
for job training and education.
Sec. 562. Authority to conduct surveys of dependents and survivors of
military retirees.
Sec. 563. Clarification of treatment of classified information
concerning persons in a missing status.
Sec. 564. Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II.
Sec. 565. Amendments to charter of Defense Task Force on Domestic
Violence.
Subtitle H--Military Justice and Legal Matters
Sec. 571. Requirement that courts-martial consist of not less than 12
members in capital cases.
Sec. 572. Right of convicted accused to request sentencing by military
judge.
Sec. 573. Codification of requirement for regulations for delivery of
military personnel to civil authorities when charged with
certain offenses
Sec. 574. Authority to accept voluntary legal services for members of
the Armed Forces.
Subtitle I--Other Matters
Sec. 581. Shipment of privately owned vehicles when making permanent
change of station moves within United States.
[[Page H5786]]
Sec. 582. Payment of vehicle storage costs in advance.
Sec. 583. Permanent authority for use of military recruiting funds for
certain expenses at Department of Defense recruiting
functions.
Sec. 584. Clarification of military recruiter access to secondary
school directory information about students.
Sec. 585. Repeal of requirement for final Comptroller General report
relating to Army end strength allocations.
Sec. 586. Posthumous Army commission in the grade of captain in the
Chaplains Corps to Ella E. Gibson for service as chaplain
of the First Wisconsin Heavy Artillery regiment during
the Civil War.
Sec. 587. National Guard Challenge Program.
Sec. 588. Payment of FEHBP premiums for certain Reservists called to
active duty in support of contingency operations.
Sec. 589. 18-month enlistment pilot program.
Sec. 590. Per diem allowance for lengthy or numerous deployments.
Sec. 591. Congressional review period for change in ground combat
exclusion policy.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2002.
Sec. 602. Basic pay rate for certain reserve commissioned officers with
prior service as an enlisted member or warrant officer.
Sec. 603. Subsistence allowances.
Sec. 604. Eligibility for basic allowance for housing while between
permanent duty stations.
Sec. 605. Uniform allowance for officers.
Sec. 606. Family separation allowance for certain members electing to
serve unaccompanied tour of duty.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 613. One-year extension of other bonus and special pay
authorities.
Sec. 614. Conforming accession bonus for dental officers authority with
authorities for other special pay and bonuses.
Sec. 615. Additional type of duty resulting in eligibility for
hazardous duty incentive pay.
Sec. 616. Equal treatment of reservists performing inactive-duty
training for receipt of aviation career incentive pay.
Sec. 617. Secretarial discretion in prescribing submarine duty
incentive pay rates.
Sec. 618. Imposition of critical wartime skill requirement for
eligibility for Individual Ready Reserve bonus.
Sec. 619. Installment payment authority for 15-year career status
bonus.
Sec. 620. Accession bonus for new officers.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Minimum per diem rate for travel and transportation allowance
for travel performed upon a change of permanent station
and certain other travel.
Sec. 632. Payment or reimbursement of temporary subsistence expenses.
Sec. 633. Increased weight allowance for transportation of baggage and
household effects for junior enlisted members.
Sec. 634. Reimbursement of members for mandatory pet quarantine fees
for household pets.
Sec. 635. Availability of dislocation allowance for married member,
whose spouse is a member, assigned to military family
housing.
Sec. 636. Elimination of prohibition on receipt of dislocation
allowance by members ordered to first duty station.
Sec. 637. Partial dislocation allowance authorized for housing moves
ordered for Government convenience.
Sec. 638. Allowances for travel performed in connection with members
taking authorized leave between consecutive overseas
tours.
Sec. 639. Funded student travel as part of school-sponsored exchange
programs.
Subtitle D--Retirement and Survivor Benefit Matters
Sec. 641. Contingent authority for concurrent receipt of military
retired pay and veterans' disability compensation.
Subtitle E--Other Matters
Sec. 651. Funeral honors duty allowance for retired members.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
Sec. 701. Implementing cost-effective payment rates under the TRICARE
program.
Sec. 702. Waiver of nonavailability statement or preauthorization
requirement.
Sec. 703. Improvements in administration of the TRICARE program.
Sec. 704. Sub-acute and long-term care program reform.
Sec. 705. Reimbursement of travel expenses of a parent, guardian, or
responsible family member of a minor covered beneficiary.
Subtitle B--Other Matters
Sec. 711. Prohibition against requiring military retirees to receive
health care solely through the Department of Defense.
Sec. 712. Trauma and medical care pilot program.
Sec. 713. Enhancement of medical product development.
Sec. 714. Repeal of obsolete report requirement.
Sec. 715. Clarifications and improvements regarding the Department of
Defense Medicare-Eligible Retiree Health Care Fund.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition milestones.
Sec. 802. Acquisition workforce qualifications.
Sec. 803. Two-year extension of program applying simplified procedures
to certain commercial items.
Sec. 804. Contracts for services to be performed outside the United
States.
Sec. 805. Codification and modification of ``Berry Amendment''
requirements.
Subtitle B--Erroneous Payments Recovery
Sec. 811. Short title.
Sec. 812. Identification of errors made by executive agencies in
payments to contractors and recovery of amounts
erroneously paid.
Sec. 813. Disposition of recovered funds.
Sec. 814. Sources of recovery services.
Sec. 815. Management improvement programs.
Sec. 816. Reports.
Sec. 817. Relationship to authority of inspectors general.
Sec. 818. Privacy protections.
Sec. 819. Definition.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Further reductions in defense acquisition and support
workforce.
Sec. 902. Sense of Congress on establishment of an Office of
Transformation in the Department of Defense.
Sec. 903. Revised joint report on establishment of national
collaborative information analysis capability.
Sec. 904. Elimination of triennial report by Chairman of the Joint
Chiefs of Staff on roles and missions of the Armed
Forces.
Sec. 905. Repeal of requirement for semiannual reports through March
2003 on activities of Joint Requirements Oversight
Council.
Sec. 906. Correction of references to Air Mobility Command.
Sec. 907. Organizational alignment change for Director for
Expeditionary Warfare.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2002.
Sec. 1004. Increase in limitations on administrative authority of the
Navy to settle admiralty claims.
Subtitle B--Naval Vessels
Sec. 1011. Revision in types of excess naval vessels for which approval
by law is required for disposal to foreign nations.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities.
Sec. 1022. Authority to transfer Tracker aircraft currently used by
Armed Forces for counter-drug purposes.
Sec. 1023. Authority to transfer Tethered Aerostat Radar System
currently used by Armed Forces for counter-drug purposes.
Subtitle D--Reports
Sec. 1031. Requirement that Department of Defense reports to Congress
be accompanied by electronic version.
Sec. 1032. Report on Department of Defense role in homeland security
matters.
Sec. 1033. Revision of annual report to Congress on National Guard and
reserve component equipment.
Subtitle E--Other Matters
Sec. 1041. Department of Defense gift authorities.
Sec. 1042. Termination of referendum requirement regarding continuation
of military training on island of Vieques, Puerto Rico,
and imposition of additional conditions on closure of
live-fire training range.
Sec. 1043. Repeal of limitation on reductions in Peacekeeper ICBM
missiles.
Sec. 1044. Sense of the Congress on the importance of the Kwajalein
Missile Range/Ronald Reagan Defense Initiative Test Site
at Kwajalein Atoll.
Sec. 1045. Transfer of Vietnam era F-4 aircraft to nonprofit museum.
Sec. 1046. Bomber force structure.
Sec. 1047. Technical and clerical amendments.
[[Page H5787]]
TITLE XI--CIVILIAN PERSONNEL
Sec. 1101. Undergraduate training program for employees of the National
Imagery and Mapping Agency.
Sec. 1102. Pilot program for payment of retraining expenses.
Sec. 1103. Payment of expenses to obtain professional credentials.
Sec. 1104. Retirement portability elections for certain Department of
Defense and Coast Guard employees.
Sec. 1105. Removal of requirement that granting civil service
compensatory time be based on amount of irregular or
occasional overtime work.
Sec. 1106. Applicability of certain laws to certain individuals
assigned to work in the Federal Government.
Sec. 1107. Limitation on premium pay.
Sec. 1108. Use of common occupational and health standards as a basis
for differential payments made as a consequence of
exposure to asbestos.
Sec. 1109. Authority for designated civilian employees abroad to act as
a notary.
Sec. 1110. ``Monroney amendment'' restored to its prior form.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201. Clarification of authority to furnish nuclear test
monitoring equipment to foreign governments.
Sec. 1202. Acquisition of logistical support for security forces.
Sec. 1203. Report on the sale and transfer of military hardware,
expertise, and technology from States of the former
Soviet Union to the People's Republic of China.
Sec. 1204. Limitation on funding for Joint Data Exchange Center.
Sec. 1205. Extension of authority to provide assistance under Weapons
of Mass Destruction Act for support of United Nations-
sponsored efforts to inspect and monitor Iraqi weapons
activities.
Sec. 1206. Repeal of requirement for reporting to Congress on military
deployments to Haiti.
Sec. 1207. Report by Comptroller General on provision of defense
articles, services, and military education and training
to foreign countries and international organizations.
Sec. 1208. Limitation on number of military personnel in Colombia.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of
reports.
Sec. 1304. Report on use of revenue generated by activities carried out
under Cooperative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile
material storage facility.
Sec. 1306. Prohibition against use of funds for construction or
refurbishment of certain fossil fuel energy plants.
Sec. 1307. Reports on activities and assistance under Cooperative
Threat Reduction programs.
Sec. 1308. Report on responsibility for carrying out Cooperative Threat
Reduction programs.
Sec. 1309. Chemical weapons destruction.
TITLE XIV--DEFENSE SPACE REORGANIZATION
Sec. 1401. Short title.
Sec. 1402. Authority to establish position of Under Secretary of
Defense for Space, Intelligence, and Information.
Sec. 1403. Authority to designate Under Secretary of the Air Force as
acquisition executive for space of the Department of
Defense.
Sec. 1404. Major force program category for space programs.
Sec. 1405. Comptroller General assessment of implementation of
recommendations of Space Commission.
Sec. 1406. Commander of Air Force Space Command.
Sec. 1407. Authority to establish separate career field in the Air
Force for space.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title; definition.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2001 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of Appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2000 project.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2001 project.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized defense agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2001 project.
Sec. 2405. Modification of authority to carry out certain fiscal year
2000 projects.
Sec. 2406. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal year
1995 project.
Sec. 2408. Prohibition on expenditures to develop forward operating
location on Aruba for United States Southern Command
counter-drug detection and monitoring flights.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1999
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain unspecified minor military construction
project thresholds.
Sec. 2802. Exclusion of unforeseen environmental hazard remediation
from limitation on authorized cost variations.
Sec. 2803. Repeal of annual reporting requirement on military
construction and military family housing activities.
Sec. 2804. Permanent authorization for alternative authority for
acquisition and improvement of military housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Use of military installations for certain recreational
activities.
Sec. 2812. Base efficiency project at Brooks Air Force Base, Texas.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Lease back of base closure property.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Modification of land exchange, Rock Island Arsenal,
Illinois.
Sec. 2832. Modification of land conveyances, Fort Dix, New Jersey.
Sec. 2833. Lease authority, Fort DeRussy, Hawaii.
Sec. 2834. Land exchange and consolidation, Fort Lewis, Washington.
Sec. 2835. Land conveyance, Whittier-Anchorage Pipeline Tank Farm,
Anchorage, Alaska.
Part II--Navy Conveyances
Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station,
Humboldt County, California.
Sec. 2842. Land conveyance, Naval Weapons Industrial Reserve Plant,
Toledo, Ohio.
Sec. 2843. Modification of authority for conveyance of Naval Computer
and Telecommunications Station, Cutler, Maine.
Sec. 2844. Modification of land conveyance, former United States Marine
Corps Air Station, Eagle Mountain Lake, Texas.
Sec. 2845. Land transfer and conveyance, Naval Security Group Activity,
Winter Harbor, Maine.
Part III--Air Force Conveyances
Sec. 2851. Water rights conveyance, Andersen Air Force Base, Guam.
Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base,
Colorado.
Subtitle E--Other Matters
Sec. 2861. Transfer of jurisdiction for development of Armed Forces
recreation facility, Park City, Utah.
Sec. 2862. Selection of site for United States Air Force Memorial and
related land transfers for the improvement of Arlington
National Cemetery, Virginia.
[[Page H5788]]
Sec. 2863. Management of the Presidio of San Francisco.
Sec. 2864. Effect of limitation on construction of roads or highways,
Marine Corps Base, Camp Pendleton, California.
Sec. 2865. Establishment of World War II memorial at additional
location on Guam.
TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands for National Training
Center.
Sec. 2903. Map and legal description.
Sec. 2904. Management of withdrawn and reserved lands.
Sec. 2905. Water rights.
Sec. 2906. Environmental compliance and environmental response
requirements.
Sec. 2907. West Mojave Coordinated Management Plan.
Sec. 2908. Release of wilderness study areas.
Sec. 2909. Training activity separation from utility corridors.
Sec. 2910. Duration of withdrawal and reservation.
Sec. 2911. Extension of initial withdrawal and reservation.
Sec. 2912. Termination and relinquishment.
Sec. 2913. Delegation of authority.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds at field
offices of the Department of Energy.
Sec. 3130. Transfers of weapons activities funds at national security
laboratories and nuclear weapons production facilities.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Termination date of Office of River Protection, Richland,
Washington.
Sec. 3132. Organizational modifications for National Nuclear Security
Administration.
Sec. 3133. Consolidation of Nuclear Cities Initiative program with
Initiatives for Proliferation Prevention program.
Sec. 3134. Disposition of surplus defense plutonium at Savannah River
Site, Aiken, South Carolina.
Sec. 3135. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of obsolete and excess materials contained in
national defense stockpile.
Sec. 3304. Expedited implementation of authority to dispose of cobalt
from National Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2002.
Sec. 3502. Define ``war risks'' to vessels to include confiscation,
expropriation, nationalization, and deprivation of the
vessels.
Sec. 3503. Holding obligor's cash as collateral under title XI of
Merchant Marine Act, 1936.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Army as follows:
(1) For aircraft, $1,987,491,000.
(2) For missiles, $1,097,286,000.
(3) For weapons and tracked combat vehicles,
$2,367,046,000.
(4) For ammunition, $1,208,565,000.
(5) For other procurement, $4,143,986,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2002 for procurement for the Navy as follows:
(1) For aircraft, $8,337,243,000.
(2) For weapons, including missiles and torpedoes,
$1,476,692,000.
(3) For shipbuilding and conversion, $9,321,121,000.
(4) For other procurement, $4,157,313,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2002 for procurement for the
Marine Corps in the amount of $1,025,624,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2002 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $463,507,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Air Force as follows:
(1) For aircraft, $10,705,687,000.
(2) For missiles, $3,226,336,000.
(3) For ammunition, $871,344,000.
(4) For other procurement, $8,250,821,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for Defense-wide procurement in the amount of
$2,267,346,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for procurement for the Inspector General of the
Department of Defense in the amount of $1,800,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 2002 the amount of $1,078,557,000 for--
(1) the destruction of lethal chemical agents and munitions
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 materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 2002 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
$267,915,000.
Subtitle B--Army Programs
SEC. 111. EXTENSION OF MULTIYEAR CONTRACT FOR FAMILY OF
MEDIUM TACTICAL VEHICLES.
In order to ensure that an adequate number of vehicles of
the ``A1'' variant of the Family of Medium Tactical Vehicles
program continue to be fielded to the Army, the Secretary of
the Army may extend for one additional year the existing
multiyear procurement contract, authorized by section 112(b)
of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1648) and awarded on
October 14, 1998, for procurement of vehicles under that
program (notwithstanding the maximum period for such
contracts otherwise applicable under section 2306b(k) of
title 10, United States Code) if the Secretary determines
that it is necessary to do so in order to prevent a break in
production of those vehicles.
SEC. 112. REPEAL OF LIMITATIONS ON BUNKER DEFEAT MUNITIONS
PROGRAM.
Section 116 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2682) is
repealed.
Subtitle C--Air Force Programs
SEC. 121. RESPONSIBILITY OF AIR FORCE FOR CONTRACTS FOR ALL
DEFENSE SPACE LAUNCHES.
(a) In General.--(1) Chapter 807 of title 10, United States
Code, is amended by inserting after section 8062 the
following new section:
``Sec. 8063. Contracts for space launches: responsibility of
Air Force for all Department of Defense elements
``The Secretary of the Air Force shall ensure that
contracts for space launch vehicles and space launch services
for all elements of the Department of Defense are prepared,
negotiated, executed, and managed in a manner that maximizes
launch effectiveness, minimizes cost of launch services,
provides clear visibility to all elements into contract costs
and functions, and, where practicable, takes advantage of
commercial space launch capabilities.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
8062 the following new item:
``8063. Contracts for space launches: responsibility of Air Force for
all Department of Defense elements.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees and the
congressional intelligence committees a report on the
implementation of section 8063 of title 10, United States
Code, as added by subsection (a).
SEC. 122. MULTI-YEAR PROCUREMENT OF C-17 AIRCRAFT.
If the Secretary of Defense certifies to the congressional
defense committees before the enactment of this Act that it
is in the interest of the Department of Defense to proceed
with a follow-on multi-year procurement of additional C-17
aircraft, then the Secretary may, in accordance
[[Page H5789]]
with section 2306b of title 10, United States Code, enter
into a new multi-year procurement contract or extend the
current multi-year procurement contract beginning in fiscal
year 2002 to procure up to 60 additional C-17 aircraft in
order to meet the Department's airlift requirements.
Subtitle D--Chemical Munitions Destruction
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL
CHEMICAL AGENTS AND MUNITIONS.
Section 152 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 50 U.S.C. 1521 note) is
amended--
(1) in subsection (b)--
(A) by inserting ``for that site'' after ``in place''; and
(B) by adding at the end the following new paragraphs:
``(4) Emergency preparedness and response capabilities have
been established at the site and in the surrounding
communities to respond to emergencies involving risks to
public health or safety that are identified by the Secretary
of Defense as being risks resulting from the storage or
destruction of lethal chemical agents and munitions at the
site.
``(5) The Under Secretary of Defense for Acquisition,
Technology, and Logistics recommends initiation of
destruction at the site after considering the recommendation
by the board established by subsection (g).''; and
(2) by adding at the end the following new subsection:
``(g) Oversight Boards.--(1) The Under Secretary of Defense
for Acquisition, Technology, and Logistics shall convene, for
each site at which the chemical munitions stockpile is
stored, an independent oversight board composed of--
``(A) the Secretary of the Army;
``(B) the Director of the Federal Emergency Management
Agency;
``(C) the Administrator of the Environmental Protection
Agency;
``(D) the President of the National Academy of Sciences;
``(E) the Governor of the State in which the site is
located; and
``(F) one individual designated by the Under Secretary from
a list of three local representatives of the area in which
the site is located, prepared jointly by the Member of the
House of Representatives who represents the Congressional
District in which the site is located and the Senators
representing the State in which the site is located.
``(2) Not later than six months after each such board is
convened, the board shall make a recommendation to the Under
Secretary whether the destruction of the chemical munitions
stockpile should be initiated at the site.
``(3) The Under Secretary may not recommend initiation of
destruction of the chemical munitions stockpile at a site
after considering a negative recommendation of the board
until 90 days after the Under Secretary provides notice to
Congress of the intent to recommend initiation of
destruction.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $6,749,025,000.
(2) For the Navy, $10,863,274,000.
(3) For the Air Force, $14,455,653,000.
(4) For Defense-wide activities, $15,591,978,000, of which
$217,355,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2002.--Of the amounts authorized to be
appropriated by section 201, $4,973,843,000 shall be
available for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and
applied research'' means work funded in program elements for
defense research and development under Department of Defense
category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COOPERATIVE DEPARTMENT OF DEFENSE-DEPARTMENT OF
VETERANS AFFAIRS MEDICAL RESEARCH PROGRAM.
Of the funds authorized to be appropriated by section
201(4), $5,000,000 shall be available for the cooperative
Department of Defense/Department of Veterans Affairs medical
research program. The Secretary of Defense shall transfer
such amount to the Secretary of Veterans Affairs for such
purpose not later than 30 days after the date of the
enactment of this Act.
SEC. 212. ADVANCED LAND ATTACK MISSILE PROGRAM.
(a) Program Required.--The Secretary of Defense shall
establish a competitive program for the development of an
advanced land attack missile for the DD-21 land attack
destroyer and other naval combatants.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees, with the submission of the
budget request for the Department of Defense for fiscal year
2003, a report providing the program plan for the Advanced
Land Attack Missile program, the schedule for that program,
and funding required for that program.
(c) Funding.--Of the amount authorized to be appropriated
under section 201(2) for research, development, test, and
evaluation for the Navy, $20,000,000 shall be available in PE
0603795N for the Advanced Land Attack Missile program.
SEC. 213. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF ADVANCED
RADAR SYSTEMS FOR NAVAL APPLICATIONS.
(a) Program Required.--The Secretary of Defense shall carry
out a program to develop and demonstrate advanced
technologies and concepts leading to advanced radar systems
for naval and other applications.
(b) Description of Program.--The program under subsection
(a) shall be carried out collaboratively pursuant to a
memorandum of agreement to be entered into by the Director of
Defense Research and Engineering, the Secretary of the Navy,
and the Director of the Defense Advanced Research Projects
Agency. The program shall include the following activities:
(1) Activities needed to develop and deploy advanced
electronics materials, including specifically wide band gap
electronics components needed to extend the range and
sensitivity of naval radars.
(2) Identification of acquisition systems for use of the
new technology.
(c) Report.--Not later than January 31, 2002, the Director
of Defense Research and Engineering, the Secretary of the
Navy, and the Director of the Defense Advanced Research
Projects Agency shall submit to the congressional defense
committees a joint report on the implementation of the
program under subsection (a). The report shall include the
following:
(1) A description of the memorandum of agreement referred
to in subsection (b).
(2) A schedule for the program.
(3) Identification of the funding required for fiscal year
2003 and for the future-years defense program to carry out
the program.
(4) A list of program capability goals and objectives.
(d) Funding.--(1) Of the amount authorized to be
appropriated for Defense-wide activities by section 201(4)
for the Defense Advanced Research Projects Agency,
$41,000,000 shall be available for applied research and
maturation of high frequency and high power wide band gap
semiconductor electronics technology to carry out the program
under subsection (a).
(2) Of the amount authorized to be appropriated by section
201(2) for the Department of the Navy, $15,500,000 shall be
available to carry out the program under subsection (a).
Subtitle C--Ballistic Missile Defense
SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCUREMENT FOR
MISSILE DEFENSE PROGRAMS FROM BALLISTIC MISSILE
DEFENSE ORGANIZATION TO MILITARY DEPARTMENTS.
(a) Budgeting of Missile Defense Procurement Authority.--
(1) Subsection (a) of section 224 of title 10, United States
Code is amended by striking ``procurement'' both places it
appears and inserting ``research, development, test, and
evaluation''.
(2) Such section is further amended by striking subsections
(b) and (c) and inserting the following:
``(b) Covered Programs.--Subsection (a) applies to any
ballistic missile defense program for which research,
development, test, and evaluation is carried out by the
Ballistic Missile Defense Organization.''.
(3)(A) The heading of that section is amended to read as
follows:
``Sec. 224. Ballistic missile defense programs: display of
amounts for research, development, test, and evaluation''.
(B) The item relating to section 224 in the table of
sections at the beginning of chapter 9 of such title is
amended to read as follows:
``224. Ballistic missile defense programs: display of amounts for
research, development, test, and evaluation.''.
(b) Transfer Criteria.--The Secretary of Defense shall
establish, and submit to the congressional defense
committees, criteria for the transfer of ballistic missile
defense programs from the Ballistic Missile Defense
Organization to the military departments. Those criteria
shall, at a minimum, address technical maturity of the
program, availability of facilities for production, and
service commitment to procurement funding.
(c) Notification of Transfer.--Before responsibility for a
ballistic missile defense program is transferred from the
Ballistic Missile Defense Organization to the Secretary of a
military department, the Secretary of Defense shall submit to
the congressional defense committees notice in writing of the
Secretary's intent to make that transfer. The Secretary shall
include with such notice a certification that the program has
met the criteria established under subsection (b) for such a
transfer. The transfer may then be carried out after the end
of the 60-day period beginning on the date of such notice.
SEC. 232. REPEAL OF PROGRAM ELEMENT REQUIREMENTS FOR
BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) Repeal.--Section 223 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 9 of such title is amended by striking
the item relating to section 223.
SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF
THE DEPARTMENT OF DEFENSE BY THE NATIONAL
DEFENSE LABORATORIES OF THE DEPARTMENT OF
ENERGY.
(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to
the Department of Defense pursuant to section 201(4),
$25,000,000 shall be available, subject to subsection (b) and
at the discretion of the Director of the Ballistic Missile
Defense Organization, for research, development, and
demonstration activities at the national laboratories of the
Department of Energy in support of the missions of the
Ballistic Missile Defense Organization, including the
following activities:
(1) Technology development, concept demonstration, and
integrated testing to enhance
[[Page H5790]]
performance, reduce risk, and improve reliability in hit-to-
kill interceptors for ballistic missile defense.
(2) Support for science and engineering teams to assess
critical technical problems and prudent alternative
approaches as agreed upon by the Director of the Ballistic
Missile Defense Organization and the Administrator for
Nuclear Security.
(b) Requirement for Matching Funds From NNSA.--Funds shall
be available as provided in subsection (a) only if the
Administrator for Nuclear Security makes available matching
funds for the activities referred to in subsection (a).
(c) Memorandum of Understanding.--The activities referred
to in subsection (a) shall be carried out under the
memorandum of understanding entered into by the Secretary of
Energy and the Secretary of Defense for the use of national
laboratories for ballistic missile defense programs, as
required by section 3131 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2034) and modified pursuant to section 3132 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-455) to provide for jointly funded projects.
SEC. 234. MISSILE DEFENSE TESTING INITIATIVE.
(a) Testing Infrastructure.--(1) The Secretary of Defense
shall ensure that each annual budget request of the
Department of Defense--
(A) is designed to provide for comprehensive testing of
ballistic missile defense programs during early stages of
development; and
(B) includes necessary funding to support and improve test
infrastructure and provide adequate test assets for the
testing of such programs.
(2) The Secretary shall ensure that ballistic missile
defense programs incorporate, to the greatest possible
extent, operationally realistic test configurations (referred
to as ``test bed'' configurations) to demonstrate system
performance across a broad range of capability and, during
final stages of operational testing, to demonstrate reliable
performance.
(3) The Secretary shall ensure that the test infrastructure
for ballistic missile defense programs is capable of
supporting continued testing of ballistic missile defense
systems after deployment.
(b) Requirements for Early Stages of System Development.--
In order to demonstrate acceptable risk and developmental
stability, the Secretary of Defense shall ensure that any
ballistic missile defense program incorporates, to the
maximum extent practicable, the following elements during the
early stages of system development:
(1) Pursuit of parallel conceptual approaches and
technological paths for all critical problematic components
until effective and reliable solutions can be demonstrated.
(2) Comprehensive ground testing in conjunction with
flight-testing for key elements of the proposed system that
are considered to present high risk, with such ground testing
to make use of existing facilities and combinations of
facilities that support testing at the highest possible
levels of integration.
(3) Where appropriate, expenditures to enhance the
capabilities of existing test facilities, or to construct new
test facilities, to support alternative complementary test
methodologies.
(4) Sufficient funding of test instrumentation to ensure
accurate measurement of all critical test events and, where
possible, incorporation of mobile assets to enhance
flexibility in test configurations.
(5) Incorporation into the program of sufficient schedule
flexibility and expendable test assets, including missile
interceptors and targets, to ensure that failed or aborted
tests can be repeated in a prudent, but expeditious manner.
(6) Incorporation into flight-test planning for the
program, where possible, of--
(A) methods referred to as ``campaign testing'' and ``test
through failure'' and other appropriate test methods in order
to reduce costs per test event;
(B) events to demonstrate engagement of multiple targets,
``shoot-look-shoot'', and other planned operational concepts;
and
(C) exploitation of opportunities to facilitate early
development and demonstration of ``family of systems''
concepts.
(c) Specific Requirements for Ground-Based Mid-Course
Interceptor Systems.--For ground-based mid-course interceptor
systems, the Secretary of Defense shall initiate steps during
fiscal year 2002 to establish a flight-test capability of
launching not less than three missile defense interceptors
and not less than two ballistic missile targets to provide a
realistic test infrastructure.
SEC. 235. MISSILE DEFENSE SYSTEM TEST BED FACILITIES.
(a) Authority To Acquire or Construct Facilities.--(1) The
Secretary of Defense, using funds appropriated to the
Department of Defense for research, development, test, and
evaluation for fiscal years after fiscal year 2001 that are
available for programs of the Ballistic Missile Defense
Organization, may carry out construction projects, or
portions of construction projects, including projects for the
acquisition, improvement, or construction of facilities of
general utility, to establish and operate the Missile Defense
System Test Bed Facilities.
(2) The authority provided in paragraph (1) may be used to
acquire, improve, or construct facilities at a total cost not
to exceed $500,000,000.
(b) Authority To Provide Assistance to Local Communities.--
(1) Subject to paragraph (2), the Secretary of Defense, using
funds appropriated to the Department of Defense for research,
development, test, and evaluation for fiscal years after
fiscal year 2001 that are available for programs of the
Ballistic Missile Defense Organization, may provide
assistance, by grant or otherwise, to local communities to
meet the need for increased municipal or community services
or facilities resulting from the construction, installation,
or operation of the Missile Defense System Test Bed
Facilities.
(2) Assistance may be provided to a community under
paragraph (1) only if the Secretary of Defense determines
that there is an immediate and substantial increase in the
need for municipal or community services or facilities as a
direct result of the construction, installation, or operation
of the Missile Defense System Test Bed Facilities.
Subtitle D--Other Matters
SEC. 241. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE JOINT
OPERATIONAL TEST BED SYSTEM.
(a) Establishment of Test Bed System.--The commander of the
United States Joint Forces Command shall establish a
capability (referred to as a ``test bed'') within the
facilities and resources of that command to evaluate and
ensure joint interoperability of unmanned aerial vehicle
systems. That capability shall be independent of the military
departments and shall be managed directly by the Joint Forces
Command.
(b) Required Transfer of Predator UAV Assets.--The
Secretary of the Navy shall transfer to the commander of the
Joint Forces Command the two Predator unmanned aerial
vehicles currently undergoing operational testing by the
Navy, together with associated payloads and antennas and the
associated tactical control system (TCS) ground station.
(c) Use by Joint Forces Command.--The items transferred
pursuant to subsection (a) may be used by the commander of
the United States Joint Forces Command only through the
independent joint operational test bed system established
pursuant to subsection (a) for testing of those items,
including further development of the associated tactical
control system (TCS) ground station, other aspects of
unmanned aerial vehicle interoperability, and participation
in such experiments and exercises as the commander considers
appropriate to the mission of that command.
(d) Deadline for Transfers.--The transfers required by
subsection (b) shall be completed not later than 90 days
after the date of the enactment of this Act.
(e) Transfer When No Longer Required by Joint Forces
Command.--Upon a determination by the commander of the United
States Joint Forces Command that any of the items transferred
pursuant to subsection (a) are no longer needed by that
command for use as provided in subsection (c), those items
shall be transferred to the Secretary of the Air Force.
SEC. 242. DEMONSTRATION PROJECT TO INCREASE SMALL BUSINESS
AND UNIVERSITY PARTICIPATION IN OFFICE OF NAVAL
RESEARCH EFFORTS TO EXTEND BENEFITS OF SCIENCE
AND TECHNOLOGY RESEARCH TO FLEET.
(a) Project Required.--The Secretary of the Navy, acting
through the Chief of Naval Research, shall carry out a
demonstration project to increase access to Navy facilities
of small businesses and universities that are engaged in
science and technology research beneficial to the fleet.
(b) Project Elements.--In carrying out the demonstration
project, the Secretary shall--
(1) establish and operate a Navy Technology Extension
Center at a location to be selected by the Secretary;
(2) permit participants in the Small Business Innovation
Research Program (SBIR) and Small Business Technology
Transfer Program (STTR) that are awarded contracts by Office
of Naval Research to acccess and use Navy facilities without
charge for purposes of carrying out such contracts; and
(3) permit universities, institutions of higher learning,
and Federally Funded Research and Development Centers (FFRDC)
collaborating with SBIR and STTR participants to use Navy
facilities.
(c) Report.--Not later than February 1, 2004, the Secretary
shall submit to Congress a report on the demonstration
project. The report shall include a description of the
activities carried out under the demonstration project and
any recommendations for the improvement or expansion of the
demonstration project that the Secretary considers
appropriate.
SEC. 243. MANAGEMENT RESPONSIBILITY FOR NAVY MINE
COUNTERMEASURES PROGRAMS.
Section 216(a) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1317), as most recently amended by section 211 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 1946), is amended by
striking ``through 2003'' and inserting ``through 2008''.
SEC. 244. PROGRAM TO ACCELERATE THE INTRODUCTION OF
INNOVATIVE TECHNOLOGY IN DEFENSE ACQUISITION
PROGRAMS.
(a) Program Required.--The Secretary of Defense shall carry
out a program to provide opportunities for the increased
introduction of innovative and cost-saving technology in
acquisition programs of the Department of Defense. The
program, to be known as the Challenge Program, shall provide
an individual or activity within or outside the Department of
Defense with the opportunity to propose alternatives, to be
known as challenge proposals, at the component, subsystem, or
system level of an existing Department of Defense acquisition
program that would result in improvements in performance,
affordability, manufacturability, or operational capability
at the component, subsystem, or system level of that
acquisition program.
(b) Panel.--(1) In carrying out the Challenge Program, the
Secretary of Defense shall establish a panel of highly
qualified scientists and
[[Page H5791]]
engineers (hereinafter in this section referred to as the
``Panel'') under the auspices of the Under Secretary of
Defense for Acquisition, Technology, and Logistics. The duty
of the Panel shall be to carry out review and evaluation of
challenge proposals under subsection (c).
(2) A member of the Panel may not participate in any review
and evaluation of a challenge proposal under subsection (c)
if at any time within the previous five years that member
has, in any capacity, participated in or been affiliated with
the Department of Defense program for which the challenge
proposal is proposed.
(c) Review and Evaluation of Challenge Proposals.--(1)
Under procedures prescribed by the Secretary, an individual
or activity within or outside the Department of Defense may
submit challenge proposals to the Panel.
(2) The Panel shall carry out an expedited evaluation of
each challenge proposal submitted under paragraph (1) to
determine whether a prima facie case has been made that the
challenge proposal will result in improvements in
performance, affordability, manufacturability, or operational
capability at the component, subsystem, or system level of
the applicable acquisition program. If the Panel determines
that such a case has not been made, the Panel may turn down
the challenge proposal. In any other case, the Panel shall
provide for a full review of the challenge proposal under
paragraph (3).
(3) In carrying out a full review of a challenge proposal,
the Panel shall ensure the following:
(A) Any incumbent that would be displaced by the
implementation of the challenge proposal is provided notice
of the challenge proposal and a full opportunity to
demonstrate why the challenge proposal should not be
implemented.
(B) Notice of the full review of the challenge proposal is
published in one or more appropriate commercial publications
of national circulation.
(C) If one or more other challenge proposals are submitted
on matters relating to the challenge proposal being reviewed,
the Panel shall, to the maximum extent practicable, carry out
a full review of those other challenge proposals together
with the full review of the original challenge proposal.
(4) The Secretary of Defense shall ensure that the Panel,
in carrying out review and evaluation of challenge proposals
under this subsection, has the authority to call upon the
technical resources of the laboratories, research,
development, and engineering centers, test and evaluation
activities, and other elements of the Department.
(d) Findings of Substantial Superiority.--If, after the
full review of a challenge proposal is completed, the Panel
finds that the challenge proposal will result in improvements
in performance, affordability, manufacturability, or
operational capability at the component, subsystem, or system
level of the applicable acquisition program that are
substantially superior to that of the incumbent, the Panel
shall submit that finding to the Under Secretary.
(e) Action Upon Findings.--Upon receiving a finding under
subsection (d), the Under Secretary shall carry out a plan to
acquire and implement the challenge proposal with respect to
which the finding was made. The Secretary shall carry out
such plan--
(1) after canceling the contract of any incumbent that
would be displaced by the implementation of the challenge
proposal; or
(2) after an appropriate program milestone (such as the
expiration of such a contract) has been reached.
(f) Elimination of Conflicts of Interest.--In carrying out
each review and evaluation under subsection (c), the
Secretary shall ensure the elimination of conflicts of
interest.
(g) Funding.--Of the funds authorized to be appropriated by
section 201(4) for Defense-wide research, development, test,
and evaluation for fiscal year 2002, $40,000,000 shall be
available in PE 63826D8Z for the Challenge Program required
by this section.
(h) Report.--The Secretary shall submit to Congress, with
the submission of the budget request for the Department of
Defense for each fiscal year beginning with fiscal year 2003,
a report on the implementation of this section. The report
shall include the number and scope of challenge proposals
submitted, reviewed and evaluated, found to be substantially
superior, and implemented.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for the use of the Armed Forces 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, $21,015,280,000.
(2) For the Navy, $26,587,962,000.
(3) For the Marine Corps, $2,898,114,000.
(4) For the Air Force, $25,811,462,000.
(5) For Defense-wide activities, $11,922,131,000.
(6) For the Army Reserve, $1,814,246,000.
(7) For the Naval Reserve, $1,003,690,000.
(8) For the Marine Corps Reserve, $144,023,000.
(9) For the Air Force Reserve, $2,017,866,000.
(10) For the Army National Guard, $3,705,359,000.
(11) For the Air National Guard, $3,967,361,000.
(12) For the Defense Inspector General, $152,021,000.
(13) For the United States Court of Appeals for the Armed
Forces, $9,096,000.
(14) For Environmental Restoration, Army, $389,800,000.
(15) For Environmental Restoration, Navy, $257,517,000.
(16) For Environmental Restoration, Air Force,
$385,437,000.
(17) For Environmental Restoration, Defense-wide,
$23,492,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $190,255,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $49,700,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $820,381,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $17,570,750,000.
(23) For Cooperative Threat Reduction programs,
$403,000,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,844,226,000.
(25) Support for International Sporting Competitions,
Defense, $15,800,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2002 for the use of the Armed Forces 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, $1,951,986,000.
(2) For the National Defense Sealift Fund, $407,708,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2002 from the Armed Forces Retirement Home Trust Fund
the sum of $71,440,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM 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 2002 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.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
Subtitle B--Environmental Provisions
SEC. 311. INVENTORY OF EXPLOSIVE RISK SITES AT FORMER
MILITARY RANGES.
(a) Inventory Required.--(1) Chapter 160 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2710. Former military ranges: inventory of explosive
risk sites; use of inventory; public safety issues
``(a) Definitions.--In this section:
``(1) The term `former military range' means a military
range presently located in the United States that--
``(A) is or was owned by, leased to, or otherwise possessed
or used by the Federal Government;
``(B) is designated as a closed, transferred, or
transferring military range (rather than as an active or
inactive range); or
``(C) is or was used as a site for the disposal of military
munitions or for the use of military munitions in training or
research, development, testing, and evaluation.
``(2) The term `abandoned military munitions' means
unexploded ordnance and other abandoned military munitions,
including components thereof and chemical weapons materiel,
that pose a threat to human health or safety.
``(3) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the territories and
possessions.
``(4) The term `United States', in a geographic sense,
includes the Commonwealth of Puerto Rico and the territories
and possessions.
``(b) Inventory Required.--(1) The Secretary of Defense
shall develop and maintain an inventory of former military
ranges that are known or suspected to contain abandoned
military munitions.
``(2) The information for each former military range in the
inventory shall include, at a minimum, the following:
``(A) A unique identifier for the range and its current
designation as either a closed, transferred, or transferring
range.
``(B) An appropriate record showing the location,
boundaries, and extent of the range, including identification
of the State and political subdivisions of the State in which
the range is located and any Tribal lands encompassed by the
range.
``(C) Known persons and entities, other than a military
department, with any current ownership interest or control of
lands encompassed by the range.
``(D) Any restrictions or other land use controls currently
in place that might affect the potential for public and
environmental exposure to abandoned military munitions.
``(c) Site Prioritization.--(1) With respect to each former
military range included on the inventory, the Secretary of
Defense shall assign the range a relative priority for
response activities based on the overall conditions at the
range. The level of response priority assigned the range
shall be included with the information required by subsection
(b)(2) to be maintained for the range.
[[Page H5792]]
``(2) In assigning the response priority for a former
military range, the Secretary of Defense shall primarily
consider factors relating to safety and environmental hazard
potential, such as the following:
``(A) Whether there are known, versus suspected, abandoned
military munitions on all or any portion of the range and the
types of munitions present or suspected to be present.
``(B) Whether public access to the range is controlled, and
the effectiveness of these controls.
``(C) The potential for direct human contact with abandoned
military munitions at the range and evidence of people
entering the range.
``(D) Whether a response action has been or is being
undertaken at the range under the Formerly Used Defense Sites
program or other programs.
``(E) The planned or mandated dates for transfer of the
range from military control.
``(F) The extent of any documented incidents involving
abandoned military munitions at or from the range. In this
subparagraph, the term `incidents' means any or all of the
following: explosions, discoveries, injuries, reports, and
investigations.
``(G) The potential for drinking water contamination or the
release of weapon components into the air.
``(H) The potential for destruction of sensitive ecosystems
and damage to natural resources.
``(d) Updates and Availability.--(1) The Secretary of
Defense shall annually update the inventory and site
prioritization list to reflect new information that becomes
available. The inventory shall be available in published and
electronic form.
``(2) The Secretary of Defense shall work with adjacent
communities to provide information concerning conditions at
the former military range and response activities, and shall
respond to inquiries. At a minimum, the Secretary shall
notify immediately affected individuals, appropriate State,
local, tribal, and Federal officials, and, when appropriate,
civil defense or emergency management agencies.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2710. Former military ranges: inventory of explosive risk sites; use
of inventory; public safety issues.''.
(b) Initial Inventory.--The inventory required by section
2710 of title 10, United States Code, as added by subsection
(a), shall be completed and made available not later than one
year after the date of the enactment of this Act.
SEC. 312. NATIONAL SECURITY IMPACT STATEMENTS.
(a) Evaluation of National Security Impacts Required.--(1)
Chapter 160 of title 10, United States Code, is amended by
inserting after section 2710, as added by section 311, the
following new section:
``Sec. 2711. Environmental impact statements and
environmental assessments: evaluation of national security
impacts of proposed action and alternatives
``(a) Agency Action.--Whenever an environmental impact
statement or environmental assessment is required under
section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332) to be prepared in connection with a proposed
Department of Defense action, the Secretary of Defense shall
include as a part of the environmental impact statement or
environmental assessment a detailed evaluation of the impact
of the proposed action, and each alternative to the proposed
action considered in the statement or assessment, on national
security, including the readiness, training, testing, and
operations of the armed forces.
``(b) Agency Input.--The Secretary of Defense shall also
include the evaluation required by subsection (a) in any
input provided by the Department of Defense as a cooperating
agency to a lead agency preparing an environmental impact
statement or environmental assessment.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2711. Environmental impact statements and environmental assessments:
evaluation of national security impacts of proposed
action and alternatives.''.
(b) Effective Date.--Section 2711 of title 10, United
States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act and apply with respect
to any environmental impact statement or environmental
assessment prepared by the Secretary of Defense that has not
been released in final form as of that date.
SEC. 313. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH
HOOPER SANDS SITE, SOUTH BERWICK, MAINE.
Using amounts authorized to be appropriated by section
301(15) for environmental restoration for the Navy, the
Secretary of the Navy may pay $1,005,478 to the Hooper Sands
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 in full for certain response costs incurred
by the Environmental Protection Agency for actions taken
pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) at the Hooper Sands site in South Berwick, Maine,
pursuant to an interagency agreement entered into by the
Department of the Navy and the Environmental Protection
Agency in January 2001.
SEC. 314. RIVER MITIGATION STUDIES.
(a) Port of Orange, Sabine River.--The Secretary of Defense
may conduct a study regarding mitigation needs in connection
with protruding structures and submerged objects remaining
from the World War II Navy ship building industry located at
the former Navy installation in Orange, Texas, which create
navigational hazards along the Sabine River and surrounding
the Port of Orange.
(b) Philadelphia Naval Shipyard, Delaware River.--The
Secretary of Defense may conduct a study regarding mitigation
needs in connection with floating and partially submerged
debris possibly relating to the Philadelphia Naval Shipyard
in that portion of the Delaware River from Philadelphia to
the mouth of the river which create navigational hazards
along the river.
(c) Use of Existing Information.--In conducting the studies
authorized by this section, the Secretary shall take into
account any information available from other studies
conducted in connection with the same navigation channels.
(d) Consultation.--The Secretary shall conduct the studies
authorized by this section in consultation with appropriate
State and local government entities and Federal agencies.
(e) Report on Study Results.--Not later than April 30,
2002, the Secretary of Defense shall submit to the Committee
on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate a report that
summarizes the results of the studies conducted under this
section.
(f) Cost Sharing.--Nothing in this section is intended to
require non-Federal cost sharing of the costs incurred by the
Secretary of Defense to conduct the studies authorized by
this section.
(g) Removal Authority.--Consistent with existing laws,
using funds authorized to be appropriated for these purposes,
and after providing notice to Congress, the Secretary of
Defense may work with the other Federal, State, local, and
private entities--
(1) to remove the protruding structures and submerged
objects along the Sabine River and surrounding the Port of
Orange that resulted from the abandonment of the ship
building industry and Navy installation in Orange, Texas; and
(2) to remove floating and partially submerged debris in
the portion of the Delaware River subject to the study under
subsection (b).
(h) Relation to Other Laws and Agreements.--This section is
not intended to modify any authorities provided to the
Secretary of the Army by the Water Resources Development Act
of 1986 (33 U.S.C. 2201 et seq.), nor is it intended to
modify any non-Federal cost-sharing responsibilities outlined
in any local cooperation agreements.
SEC. 315. ELIMINATION OF ANNUAL REPORT ON CONTRACTOR
REIMBURSEMENT FOR COSTS OF ENVIRONMENTAL
RESPONSE ACTIONS.
Section 2706 of title 10, United States Code, is amended by
striking subsection (c).
Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 321. RESERVE COMPONENT COMMISSARY BENEFITS.
(a) Eligibility for Commissary Benefits.--Section 1063 of
title 10, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by inserting after the section heading the following
new subsections:
``(a) Eligibility.--Subject to subsection (c), the
Secretary concerned shall authorize members of the Ready
Reserve described in subsection (b) to have 24 days of
eligibility to use commissary stores of the Department of
Defense for any calendar year.
``(b) Covered Members.--Subsection (a) applies with respect
to the following members of the Ready Reserve:
``(1) A member of the Selected Reserve who is
satisfactorily participating in required training as
prescribed in section 10147(a)(1) of this title or section
502(a) of title 32 in that calendar year.
``(2) A member of the Ready Reserve (other than a member
described in paragraph (1)) who satisfactorily completes 50
or more points credible under section 12732(a)(2) of this
title in that calendar year.
``(c) Reduced Number of Commissary Visits for New
Members.--The number of commissary visits authorized for a
member of the Selected Reserve described in subsection (b)(1)
who enters the Selected Reserve after the beginning of the
calendar year shall be equal to twice the number of full
months remaining in the calendar year.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1063. Use of commissary stores: members of Ready
Reserve''.
(2) The table of sections at the beginning of chapter 54 of
such title is amended by striking the item relating to
section 1063 and inserting the following new item:
``1063. Use of commissary stores: members of Ready Reserve.''.
SEC. 322. REIMBURSEMENT FOR NONCOMMISSARY USE OF COMMISSARY
FACILITIES.
Section 2685 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Reimbursement for Noncommissary Use of Commissary
Facilities.--(1) If the Secretary concerned uses for
noncommissary purposes a commissary facility whose
construction was financed (in whole or in part) using the
proceeds of adjustments or surcharges authorized by
subsection (a) or revenues referred to in subsection (e), the
Secretary concerned shall reimburse the commissary surcharge
account for the depreciated value of the investment made with
such proceeds and revenues.
``(2) In paragraph (1), the term `construction' has the
meaning given such term in subsection (d)(2).''.
[[Page H5793]]
SEC. 323. CIVIL RECOVERY FOR NONAPPROPRIATED FUND
INSTRUMENTALITY COSTS RELATED TO SHOPLIFTING.
Section 3701(b)(1)(B) of title 31, United States Code, is
amended by inserting before the comma at the end the
following: ``, including actual and administrative costs
related to shoplifting, theft detection, and theft
prevention''.
Subtitle D--Workforce and Depot Issues
SEC. 331. FISCAL YEAR 2002 LIMITATIONS ON WORKFORCE REVIEWS.
(a) Workforce Review Defined.--In this section, the term
``workforce review'' has the meaning given the term in
section 2461a(a) of title 10, United States Code.
(b) Limited Number of Full-Time Equivalent Positions
Reviewed.--During fiscal year 2002, the total number of full-
time equivalent positions considered for possible change to
performance by the private sector through the performance of
a workforce review may not exceed the following:
(1) 328, in the case of full-time equivalent positions for
civilian employees of the Department of the Army;
(2) 453, in the case of full-time equivalent positions for
civilian employees of the Department of the Navy;
(3) 936, in the case of full-time equivalent positions for
civilian employees of the Department of the Air Force; and
(4) 1,336, in the case of full-time equivalent positions
for civilian employees of the Department of Defense, other
than civilian employees of a military department.
(c) Additional Limitation.--None of the full-time
equivalent positions for civilian employees of the Department
of the Navy that may be considered in a workforce review
during fiscal year 2002 may involve civilian employees who
perform functions on behalf of the Marine Corps.
SEC. 332. APPLICABILITY OF CORE LOGISTICS CAPABILITY
REQUIREMENTS TO NUCLEAR AIRCRAFT CARRIERS.
Section 2464(a)(3) of title 10, United States Code, is
amended by striking ``nuclear aircraft carriers'' and
inserting ``nuclear refueling of aircraft carriers''.
SEC. 333. CONTINUATION OF CONTRACTOR MANPOWER REPORTING
SYSTEM IN DEPARTMENT OF THE ARMY.
Section 343 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 569) is
amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Reporting Requirement for Department of the Army.--
(1) Not later than March 1 of each fiscal year, the Secretary
of the Army shall submit to Congress a report describing the
use during the previous fiscal year of non-Federal entities
to provide services to the Department of the Army.
``(2) The data collection required to prepare the report is
deemed to be in compliance with the requirements of chapter
35 of title 44, United States Code, commonly known as the
Paperwork Reduction Act.
``(3) The report required by this section is needed to
comply with sections 115a and 129a of title 10, United States
Code, and is not a procurement action.'';
(2) by striking ``Department of Defense'' each place it
appears and inserting ``Department of the Army''; and
(3) by adding at the end the following new subsection:
``(d) GAO Evaluation.--Not later than 60 days after the
Secretary submits to Congress the report required under
subsection (a) for a fiscal year, the Comptroller General
shall submit to Congress an evaluation of the report.''.
SEC. 334. LIMITATION ON EXPANSION OF WHOLESALE LOGISTICS
MODERNIZATION PROGRAM.
(a) Limitation.--The Secretary of the Army may not
authorize the expansion of the Wholesale Logistics
Modernization Program beyond the original legacy systems
included in the scope of the contract awarded in December
1999 until the Secretary certifies to Congress that the
original legacy systems have been successfully replaced.
(b) GAO Evaluation.--Not later than 60 days after the
Secretary of the Army submits to Congress the certification
required under subsection (a), the Comptroller General shall
submit to Congress an evaluation of the certification.
SEC. 335. PILOT PROJECT FOR EXCLUSION OF CERTAIN EXPENDITURES
FROM LIMITATION ON PRIVATE SECTOR PERFORMANCE
OF DEPOT-LEVEL MAINTENANCE.
Section 2474 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Pilot Project for the Exclusion of Certain
Expenditures From Limitation on Private Sector Performance of
Depot-Level Maintenance.--
``(1) Amounts excluded.--Amounts expended out of funds
described in paragraph (2) for the performance of a depot-
level maintenance and repair workload by non-Federal
Government personnel at a Center of Industrial and Technical
Excellence named in paragraph (4) shall not be counted for
the purposes of section 2466(a) of this title if the
personnel are provided by private industry pursuant to a
public-private partnership undertaken by the Center under
subsection (b).
``(2) Funds for fiscal years 2002 through 2006.--The funds
referred to in paragraph (1) are funds available to the Air
Force for depot-level maintenance and repair workloads for
fiscal year 2002, 2003, 2004, 2005, or 2006, and shall not
exceed 10 percent of the total funds available in any single
year.
``(3) Reporting requirements.--All funds covered by
paragraph (1) shall be included as a separate item in the
reports required under paragraphs (1), (2), and (3) of
section 2466(e) of this title.
``(4) Covered centers.--(A) The Centers of Industrial and
Technical Excellence referred to in paragraph (1) are the
following:
``(i) Oklahoma City Air Logistics Center, Oklahoma.
``(ii) Ogden Air Logistics Center, Utah.
``(iii) Warner-Robins Air Logistics Center, Georgia.
``(B) The Secretary of the Air Force shall designate as a
Center of Industrial and Technical Excellence under this
section any of the air logistics centers named in
subparagraph (A) that have not previously been so designated
and shall specify the core competencies for which the
designation is made.''.
SEC. 336. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERVICES
MANUFACTURED OR PERFORMED BY WORKING-CAPITAL
FUNDED INDUSTRIAL FACILITIES OF THE DEPARTMENT
OF DEFENSE.
(a) General Rule.--Section 2563(c) of title 10, United
States Code, is amended--
(1) in paragraph (1)(B), by striking ``in any case of
willful misconduct or gross negligence'' and inserting ``as
provided in paragraph (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Paragraph (1)(B) does not apply in any case of
willful misconduct or gross negligence or in the case of a
claim by a purchaser of articles or services under this
section that damages or injury arose from the failure of the
Government to comply with quality, schedule, or cost
performance requirements in the contract to provide the
articles or services.''.
(b) Conforming Amendment.--Section 2474(e)(2)(B)(i) of such
title is amended by striking ``in a case of willful conduct
or gross negligence'' and inserting ``under the circumstances
described in section 2563(c)(3) of this title''.
Subtitle E--Defense Dependents Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Educational Agencies Assistance.--Of the amount
authorized to be appropriated by section 301(5) for operation
and maintenance for Defense-wide activities, $30,000,000
shall be available only for the purpose of providing
educational agencies assistance to local educational
agencies.
(b) Notification.--Not later than June 30, 2002, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2002 of--
(1) that agency's eligibility for educational agencies
assistance; and
(2) the amount of the educational agencies assistance for
which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 342. AVAILABILITY OF AUXILIARY SERVICES OF DEFENSE
DEPENDENTS' EDUCATION SYSTEM FOR DEPENDENTS WHO
ARE HOME SCHOOL STUDENTS.
Section 1407 of the Defense Dependents' Education Act of
1978 (20 U.S.C. 926) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Auxiliary Services Available to Home School
Students.--(1) A dependent who is educated in a home school
setting, but who is eligible to enroll in a school of the
defense dependents' education system, shall be permitted to
use or receive auxiliary services of that school without
being required to either enroll in that school or register
for a minimum number of courses offered by that school. The
dependent may be required to satisfy other eligibility
requirements applicable to students actually enrolled in that
school who use or receive the same auxiliary services.
``(2) For purposes of paragraph (1), the term `auxiliary
services' includes registration in individual courses, use of
academic resources, access to the library of the school,
after hours use of school facilities, and participation in
music, sports, and other extracurricular and interscholastic
activities.''.
SEC. 343. REPORT REGARDING COMPENSATION FOR TEACHERS EMPLOYED
IN TEACHING POSITIONS IN OVERSEAS SCHOOLS
OPERATED BY THE DEPARTMENT OF DEFENSE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report evaluating the method currently used by the Secretary
to fix the basic compensation for teachers and teaching
positions in the Department of Defense under the Defense
Department Overseas Teachers Pay and Personnel Practices Act
(20 U.S.C. 901 et seq.). The report shall include the
recommendations of the Secretary regarding a proposal to
increase such compensation to reflect the average of the
range of rates of basic compensation for similar teaching
positions of a comparable level of duties and
responsibilities for teachers employed in public schools in
the
[[Page H5794]]
District of Columbia metropolitan area, which includes the
District of Columbia Public Schools, Arlington Public
Schools, Alexandria City Public Schools, Fairfax County
Public Schools, Montgomery County Public Schools, and Prince
George's County Public Schools.
Subtitle F--Other Matters
SEC. 351. AVAILABILITY OF EXCESS DEFENSE PERSONAL PROPERTY TO
SUPPORT DEPARTMENT OF VETERANS AFFAIRS
INITIATIVE TO ASSIST HOMELESS VETERANS.
(a) Transfer Authority.--Section 2557(a) of title 10,
United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may make excess clothing,
shoes, sleeping bags, and related nonlethal excess supplies
available to the Secretary of Veterans Affairs for
distribution to homeless veterans and programs assisting
homeless veterans. The transfer of nonlethal excess supplies
to the Secretary of Veterans Affairs under this paragraph
shall be without reimbursement.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for
homeless veteran initiatives and humanitarian relief''.
(2) The table of sections at the beginning of chapter 152
of such title is amended by striking the item relating to
section 2557 and inserting the following new item:
``2557. Excess nonlethal supplies: availability for homeless veteran
initiatives and humanitarian relief.''.
SEC. 352. CONTINUATION OF LIMITATIONS ON IMPLEMENTATION OF
NAVY-MARINE CORPS INTRANET CONTRACT.
(a) Exclusion of Marine Corps.--Subsection (c) of section
814 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted by Public Law 106-398; 114
Stat. 1654A-215) is amended--
(1) by striking ``Prohibition on Increase of Rates
Charged.--'' and inserting ``Prohibitions.--(1)'';
(2) by striking ``fiscal year 2001'' and inserting ``fiscal
year 2002''; and
(3) by adding at the end the following new paragraph:
``(2) The Navy Intranet contract may not include any
activities of the Marine Corps.''.
(b) Limitation on Phased Implementation.--Subsection (b)(4)
of such section is amended--
(1) by striking ``fiscal year 2001'' both places it appears
and inserting ``fiscal year 2002''; and
(2) by striking ``Marine Corps, the naval shipyards, or''
both places it appears and inserting ``naval shipyards or''.
SEC. 353. COMPLETION AND EVALUATION OF CURRENT DEMONSTRATION
PROGRAMS TO IMPROVE QUALITY OF PERSONAL
PROPERTY SHIPMENTS OF MEMBERS.
(a) Completion.--The Secretary of Defense shall conduct to
completion all demonstration programs in the Department of
Defense that were designed to improve the movement of
household goods of members of the Armed Forces and were being
conducted or authorized as of October 1, 2000,
(b) Evaluation.--Not later than August 31, 2002, the
Secretary of Defense shall submit to Congress a report
evaluating whether the demonstration programs referred to in
subsection (a), as implemented, satisfy the goals (as
contained in the General Accounting Report NSIAD 97-49) for
such demonstration programs previously agreed upon between
the Department of Defense and representatives of private
sector entities involved in the transportation of household
goods for members of the Armed Forces.
(c) Interim Reports.--Not later than January 15, 2002, and
April 15, 2002, the Secretary shall submit to Congress
interim reports regarding the progress of the demonstration
programs referred to in subsection (a).
SEC. 354. EXPANSION OF ENTITIES ELIGIBLE FOR LOAN, GIFT, AND
EXCHANGE OF DOCUMENTS, HISTORICAL ARTIFACTS,
AND OBSOLETE COMBAT MATERIEL.
Section 2572(a)(1) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, county, or other political subdivision of a
State''.
Subtitle G--Service Contracting Reform
SEC. 361. SHORT TITLE.
This subtitle may be cited as the ``Department of Defense
Service Contracting Reform Act of 2001''.
SEC. 362. REQUIRED COST SAVINGS LEVEL FOR CHANGE OF FUNCTION
TO CONTRACTOR PERFORMANCE.
Section 2461(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5)(A) A commercial or industrial type function of the
Department of Defense may not be changed to performance by
the private sector unless, as a result of the cost comparison
examination required under paragraph (3)(A), that employed
the most efficient organization process described in Office
of Management and Budget Circular A-76 or any successor
administrative regulation or policy, at least a 10-percent
cost savings would be achieved by performance of the function
by the private sector over the term of the contract.
``(B) The cost savings requirement specified in
subparagraph (A) does not apply to any contracts for special
studies and analyses, construction services, architectural
services, engineering services, medical services, scientific
and technical services related to (but not in support of)
research and development, and depot-level maintenance and
repair services.
``(C) The Secretary of Defense may waive the cost savings
requirement if--
``(i) the written waiver is prepared by the Secretary of
Defense, or the relevant Assistant Secretary or agency head;
and
``(ii) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the requirement for
a cost comparison examination.
``(D) The Secretary of Defense shall publish a copy of the
waiver in the Federal Register.''.
SEC. 363. APPLICABILITY OF STUDY AND REPORTING REQUIREMENTS
TO NEW COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS.
(a) New Functions.--Section 2461(a) of title 10, United
States Code, is amended--
(1) by striking ``Change in Performance.--'' and inserting
``Change in or Initiation of Performance.--(1)''; and
(2) by adding at the end the following new paragraphs:
``(2) In the case of a commercial or industrial type
function of the Department of Defense not previously
performed by Department of Defense civilian employees or a
contractor, the performance of the function by the private
sector may not be initiated until--
``(A) the Secretary of Defense conducts a cost comparison
examination that employs the most efficient organization
process described in Office of Management and Budget Circular
A-76, and its supplemental handbook or any successor
administrative regulation or policy; and
``(B) a determination is made that performance of the
function by the private sector would be less costly over the
term of the contract than performance by Department of
Defense civilian employees during that same period.
``(3) This subsection does not apply to the following
contracts:
``(A) A contract between the Department of Defense and the
private sector for work with a contract value of less than
$1,000,000 so long as the work was not divided, modified, or
in any way changed for the purpose of avoiding the
requirements of this section.
``(B) A contract for special studies and analyses,
construction services, architectural services, engineering
services, medical services, scientific and technical services
related to (but not in support of) research and development,
and depot-level maintenance and repair services.
``(4) The Secretary of Defense may waive the applicability
of this section if--
``(A) the written waiver is prepared by the Secretary of
Defense, or the relevant Assistant Secretary or agency head;
and
``(B) the written waiver is accompanied by a detailed
determination that--
``(i) there is no reasonable expectation that civilian
employees would win a public-private competition for the
function; and
``(ii) the issuance of a waiver would not serve to reduce
significantly the level of or quality of competition in the
future award or performance of work.
``(5) The Secretary of Defense shall publish a copy of the
waiver in the Federal Register.''.
(b) Minimal Levels of Public-Private Competition for New
Work.--(1) Notwithstanding the use of the waiver authority
provided in section 2461 of title 10, United States Code, as
amended by this section, not less than the percentage
specified in paragraph (2) of the total dollars expended
during a specified fiscal year for the performance by
contractors of commercial or industrial type functions of the
Department of Defense not previously performed by Department
of Defense civilian employees or the private sector (that are
not otherwise exempt from comparison under such section)
shall be expended for service contracts that are awarded
after the completion of cost comparison examinations.
(2) The requirements of paragraph (1) apply as follows:
(A) Not less than 10 percent, for fiscal year 2003.
(B) Not less than 20 percent, for fiscal year 2004.
(C) Not less than 30 percent, for fiscal year 2005.
(c) Clerical Amendments.--(1) The heading of such section
2461 is amended to read as follows:
``Sec. 2461. Commercial or industrial type functions:
required studies and reports before conversion to, or
initiation of, contractor or civilian employee
performance''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 146 of title 10, United
States Code, is amended to read as follows:
``2461. Commercial or industrial type functions: required studies and
reports before conversion to, or initiation of,
contractor or civilian employee performance.''.
SEC. 364. REPEAL OF WAIVER FOR SMALL FUNCTIONS.
Section 2461 of title 10, United States Code, is amended by
striking subsection (d).
SEC. 365. REQUIREMENT FOR EQUITY IN PUBLIC-PRIVATE
COMPETITIONS.
Section 2461 of title 10, United States Code, is amended by
inserting after subsection (c) the following new subsection:
``(d) Equity in Public-Private Competition.--(1) For any
fiscal year in which commercial or industrial type functions
of the Department of Defense performed by Department of
Defense civilian employees are studied for possible change to
private sector performance, the Secretary of Defense shall
subject approximately the same number of positions held by
non-Federal employees under contracts with the Department of
Defense to the same cost comparison examination described in
subsection (b)(3), subject to the completion of the terms of
those contracts.
[[Page H5795]]
``(2) To the extent possible, the Secretary of Defense
should, in complying with this subsection, select those
contract positions held by non-Federal employees under
contracts with the Department of Defense that are associated
with commercial or industrial type functions that are, or
have been, performed at least in part by Department of
Defense civilian employees at any time on or after October 1,
1980.
``(3) Notwithstanding any limitation on the number of
Department of Defense civilian employees established by law,
regulation, or policy, the Department of Defense may continue
to employ, or may hire, such civilian employees as are
necessary to perform functions acquired through the public-
private competitions required by this subsection or any other
provision of this section.''.
SEC. 366. REPORTING REQUIREMENTS REGARDING DEPARTMENT OF
DEFENSE'S SERVICE CONTRACTOR WORKFORCE.
(a) Imposition of Reporting Requirement.--(1) Chapter 146
of title 10, United States Code, is amended by inserting
after section 2461a the following new section:
``Sec. 2461b. Use of private sector to perform commercial or
industrial type function: contractor reporting requirements
``(a) Definitions.--In this section:
``(1) Contractor.--The term `contractor' includes a
subcontractor.
``(2) Secretary concerned.--The term `Secretary concerned'
includes the Secretary of Defense with respect to matters
concerning the Defense Agencies.
``(b) General Reporting Requirement.--The Secretary
concerned shall require each defense contractor to report to
secure websites established and maintained by the Defense
Agencies and military departments the same contractor direct
and indirect manhour and cost information collected by the
Department of the Army pursuant to part 668 of title 32, Code
of Federal Regulations, as in effect on December 26, 2000, in
terms of functions performed, appropriations funding the
contract, and identification of the subordinate
organizational elements within the Defense Agency or military
department directly overseeing the contractor performance.
The indirect information reported may comprise annualized
rates for an entire company, which are not apportioned by
specific contracts.
``(c) Assignment of Reporting Responsibility.--The Defense
Agency or military department containing the major
organizational element receiving or reviewing the work
performed by a defense contractor shall be responsible for
collecting the data required by this section, even where all
or part of the contracted work is funded by appropriations
not controlled by the Secretary concerned. If the Defense
Agency or military department containing the major
organizational element receiving or reviewing the work
performed by the contractor is different from the Defense
Agency or military department containing the contracting
activity, the Secretary concerned shall ensure that the
contractor reports the required information to the Defense
Agency or military department containing the major
organizational element receiving or reviewing the work
performed by the contractor.
``(d) Timing of Contractor Reporting to Assure Data
Quality.--The Secretary concerned shall require contractors
to report the information described in subsection (c) to the
secure web-site contemporaneous with submission of a request
for payment (for example, voucher, invoice, or request for
progress payment) or not later than quarterly.
``(e) Contract Requirement Effective Date.--The Secretary
concerned shall include the reporting requirement described
in this section in each contract solicitation issued,
contract awarded, and bilateral modification of an existing
contract executed, by the Secretary concerned after October
1, 2001.
``(f) Contractor Self-Exemption.--The Secretary concerned
shall exempt a contractor from the data collection
requirement imposed by this section if the contractor
certifies in writing that the contractor does not have an
internal system for aggregating billable hours in the direct
or indirect pools, or an internal payroll accounting system,
and does not otherwise have to ever provide this information
to the Government. A contractor may not claim an exemption on
the sole basis that the contractor is a foreign contractor,
that services are provided pursuant to a firm fixed price or
time and materials contract or similar instrument, that the
payroll system of the contractor is performed by another
person, or that the contractor has too many subcontractors.
The validity of this certification is the only requirement in
this section subject to audit and verification by the
Secretary concerned.
``(g) Report to Congress and Comptroller General Actions.--
The Secretary concerned shall submit the information
collected under subsection (c) to Congress not later than
October 1 of each year for the prior fiscal year. Not later
than April 1 of each year, the Comptroller General will
review the information submitted for the prior fiscal year to
assess compliance with this section and the effectiveness of
Department of Defense initiatives to integrate this
information into its budgeting process.
``(h) Publication of Reports.--After completion of the
Comptroller General review under subsection (h), the
Secretary concerned shall take steps to make the
nonproprietary compilations of the data public on web sites,
using the publication standard expressed by the Department of
the Army in part 668 of title 32, Code of Federal
Regulations.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2461a the following new item:
``2461b. Use of private sector to perform commercial or industrial type
function: contractor reporting requirements.''.
(b) Effective Date.--Section 2461b of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2001.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
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, 2002, as follows:
(1) The Army, 480,000.
(2) The Navy, 376,000.
(3) The Marine Corps, 172,600.
(4) The Air Force, 358,800.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title
10, United States Code, is amended--
(1) in paragraph (2), by striking ``372,000'' and inserting
``376,000''; and
(2) in paragraph (4), by striking ``357,000'' and inserting
``358,800''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2001, or the date of the
enactment of this Act, whichever is later.
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, 2002, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 87,000.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 74,700.
(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 participation 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 proportionately increased 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, 2002, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,974.
(2) The Army Reserve, 13,108.
(3) The Naval Reserve, 14,811.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,591.
(6) The Air Force Reserve, 1,437.
SEC. 413. END STRENGTHS FOR MILITARY
TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2002 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United States,
23,128.
(2) For the Army Reserve, 5,999.
(3) For the Air National Guard of the United States,
22,422.
(4) For the Air Force Reserve, 9,818.
SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STATUS
TECHNICIANS.
(a) Limitation.--The number of non-dual status technicians
employed by the reserve components of the Army and the Air
Force as of September 30, 2002, may not exceed the following:
(1) For the Army Reserve, 1,095.
(2) For the Army National Guard of the United States,
1,600.
(3) For the Air Force Reserve, 90.
(4) For the Air National Guard of the United States, 350.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.
SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PERSONNEL SERVING
ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY
IN CERTAIN GRADES FOR ADMINISTRATION OF RESERVE
COMPONENTS.
(a) Officers.--The text of section 12011 of title 10,
United States Code, is amended to read as follows:
``(a) Limitations.--(1) Of the total number of members of a
reserve component who are serving on full-time reserve
component duty at the end of any fiscal year, the number of
those members who may be serving in each of the grades of
[[Page H5796]]
major, lieutenant colonel, and colonel may not, as of the end
of that fiscal year, exceed the number determined in
accordance with the following table:
----------------------------------------------------------------------------------------------------------------
Number of officers of that reserve component who may be
serving in the grade of:
``Total number of members of a reserve component ---------------------------------------------------------
serving on full-time reserve component duty: Lieutenant
Major Colonel Colonel
----------------------------------------------------------------------------------------------------------------
Army Reserve:
10,000................................................ 1,390 740 230
11,000................................................ 1,529 803 242
12,000................................................ 1,668 864 252
13,000................................................ 1,804 924 262
14,000................................................ 1,940 984 272
15,000................................................ 2,075 1,044 282
16,000................................................ 2,210 1,104 291
17,000................................................ 2,345 1,164 300
18,000................................................ 2,479 1,223 309
19,000................................................ 2,613 1,282 318
20,000................................................ 2,747 1,341 327
21,000................................................ 2,877 1,400 336
Army National Guard:
20,000................................................ 1,500 850 325
22,000................................................ 1,650 930 350
24,000................................................ 1,790 1,010 370
26,000................................................ 1,930 1,085 385
28,000................................................ 2,070 1,160 400
30,000................................................ 2,200 1,235 405
32,000................................................ 2,330 1,305 408
34,000................................................ 2,450 1,375 411
36,000................................................ 2,570 1,445 411
38,000................................................ 2,670 1,515 411
40,000................................................ 2,770 1,580 411
42,000................................................ 2,837 1,644 411
Marine Corps Reserve:
1,100................................................. 106 56 20
1,200................................................. 110 60 21
1,300................................................. 114 63 22
1,400................................................. 118 66 23
1,500................................................. 121 69 24
1,600................................................. 124 72 25
1,700................................................. 127 75 26
1,800................................................. 130 78 27
1,900................................................. 133 81 28
2,000................................................. 136 84 29
2,100................................................. 139 87 30
2,200................................................. 141 90 31
2,300................................................. 143 92 32
2,400................................................. 145 94 33
2,500................................................. 147 96 34
2,600................................................. 149 98 35
Air Force Reserve:
500................................................... 83 85 50
1,000................................................. 155 165 95
1,500................................................. 220 240 135
2,000................................................. 285 310 170
2,500................................................. 350 369 203
3,000................................................. 413 420 220
3,500................................................. 473 464 230
4,000................................................. 530 500 240
4,500................................................. 585 529 247
5,000................................................. 638 550 254
5,500................................................. 688 565 261
6,000................................................. 735 575 268
7,000................................................. 770 595 280
8,000................................................. 805 615 290
10,000................................................ 835 635 300
[[Page H5797]]
Air National Guard:
5,000................................................. 333 335 251
6,000................................................. 403 394 260
7,000................................................. 472 453 269
8,000................................................. 539 512 278
9,000................................................. 606 571 287
10,000................................................ 673 630 296
11,000................................................ 740 688 305
12,000................................................ 807 742 314
13,000................................................ 873 795 323
14,000................................................ 939 848 332
15,000................................................ 1,005 898 341
16,000................................................ 1,067 948 350
17,000................................................ 1,126 998 359
18,000................................................ 1,185 1,048 368
19,000................................................ 1,235 1,098 377
20,000................................................ 1,283 1,148 380.
----------------------------------------------------------------------------------------------------------------
``(2) Of the total number of members of the Naval Reserve
who are serving on full-time reserve component duty at the
end of any fiscal year, the number of those members who may
be serving in each of the grades of lieutenant commander,
commander, and captain may not, as of the end of that fiscal
year, exceed the number determined in accordance with the
following table:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving in the grade of:
``Total number of members of Naval Reserve serving on ---------------------------------------------------------
full-time reserve component duty Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
10,000................................................ 807 447 141
11,000................................................ 867 467 153
12,000................................................ 924 485 163
13,000................................................ 980 503 173
14,000................................................ 1,035 521 183
15,000................................................ 1,088 538 193
16,000................................................ 1,142 555 203
17,000................................................ 1,195 565 213
18,000................................................ 1,246 575 223
19,000................................................ 1,291 585 233
20,000................................................ 1,334 595 242
21,000................................................ 1,364 603 250
22,000................................................ 1,384 610 258
23,000................................................ 1,400 615 265
24,000................................................ 1,410 620 270.
----------------------------------------------------------------------------------------------------------------
``(b) Determinations by Interpolation.--If the total number
of members of a reserve component serving on full-time
reserve component duty is between any two consecutive numbers
in the first column of the appropriate table in paragraph (1)
or (2) of subsection (a), the corresponding authorized
strengths for each of the grades shown in that table for that
component are determined by mathematical interpolation
between the respective numbers of the two strengths. If the
total number of members of a reserve component serving on
full-time reserve component duty is more or less than the
highest or lowest number, respectively, set forth in the
first column of the appropriate table in paragraph (1) or (2)
of subsection (a), the Secretary concerned shall fix the
corresponding strengths for the grades shown in that table at
the same proportion as is reflected in the nearest limit
shown in the table.
``(c) Reallocations to Lower Grades.--Whenever the number
of officers serving in any grade for duty described in
subsection (a) is less than the number authorized for that
grade under this section, the difference between the two
numbers may be applied to increase the number authorized
under this section for any lower grade.
``(d) Secretarial Waiver.--(1) Upon determining that it is
in the national interest to do so, the Secretary of Defense
may increase for a particular fiscal year the number of
reserve officers that may be on full-time reserve component
duty for a reserve component in a grade referred to in a
table in subsection (a) by a number that does not exceed the
number equal to 5 percent of the maximum number specified for
the grade in that table.
``(2) Whenever the Secretary exercises the authority
provided in paragraph (1), the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives notice in
writing of the adjustment made.
``(e) Full-Time Reserve Component Duty Defined.--In this
section, the term `full-time reserve component duty' means
the following duty:
``(1) Active duty described in sections 10211, 10302,
10303, 10304, 10305, 12310, or 12402 of this title.
``(2) Full-time National Guard duty (other than for
training) under section 502(f) of title 32.
``(3) Active duty described in section 708 of title 32.''.
(b) Senior Enlisted Members.--The text of section 12012 of
title 10, United States Code, is amended to read as follows:
``(a) Limitations.--Of the total number of members of a
reserve component who are serving on full-time reserve
component duty at the end of any fiscal year, the number of
those members in each of pay grades of
E-8 and E-9 who may be serving on active duty under section
10211 or 12310, or on full-time National Guard duty under the
authority of section 502(f) of title 32 (other than for
training) in connection with organizing, administering,
recruiting, instructing, or training the reserve components
or the National Guard may not, as of the end of that fiscal
year, exceed the number determined in accordance with the
following table:
[[Page H5798]]
------------------------------------------------------------------------
Number of members of that reserve
``Total number of members of a component who may be serving in the
reserve component serving on full- grade of:
time reserve component duty: --------------------------------------
E-8 E-9
------------------------------------------------------------------------
Army Reserve:
10,000........................... 1,052 154
11,000........................... 1,126 168
12,000........................... 1,195 180
13,000........................... 1,261 191
14,000........................... 1,327 202
15,000........................... 1,391 213
16,000........................... 1,455 224
17,000........................... 1,519 235
18,000........................... 1,583 246
19,000........................... 1,647 257
20,000........................... 1,711 268
21,000........................... 1,775 278
Army National Guard:
20,000........................... 1,650 550
22,000........................... 1,775 615
24,000........................... 1,900 645
26,000........................... 1,945 675
28,000........................... 1,945 705
30,000........................... 1,945 725
32,000........................... 1,945 730
34,000........................... 1,945 735
36,000........................... 1,945 738
38,000........................... 1,945 741
40,000........................... 1,945 743
42,000........................... 1,945 743
Naval Reserve:
10,000........................... 340 143
11,000........................... 364 156
12,000........................... 386 169
13,000........................... 407 182
14,000........................... 423 195
15,000........................... 435 208
16,000........................... 447 221
17,000........................... 459 234
18,000........................... 471 247
19,000........................... 483 260
20,000........................... 495 273
21,000........................... 507 286
22,000........................... 519 299
23,000........................... 531 312
24,000........................... 540 325
Marine Corps Reserve:
1,100............................ 50 11
1,200............................ 55 12
1,300............................ 60 13
1,400............................ 65 14
1,500............................ 70 15
1,600............................ 75 16
1,700............................ 80 17
1,800............................ 85 18
1,900............................ 89 19
2,000............................ 93 20
2,100............................ 96 21
2,200............................ 99 22
2,300............................ 101 23
2,400............................ 103 24
2,500............................ 105 25
2,600............................ 107 26
Air Force Reserve:
500.............................. 75 40
1,000............................ 145 75
1,500............................ 208 105
2,000............................ 270 130
2,500............................ 325 150
3,000............................ 375 170
[[Page H5799]]
3,500............................ 420 190
4,000............................ 460 210
4,500............................ 495 230
5,000............................ 530 250
5,500............................ 565 270
6,000............................ 600 290
7,000............................ 670 330
8,000............................ 740 370
10,000........................... 800 400
Air National Guard
5,000............................ 1,020 405
6,000............................ 1,070 435
7,000............................ 1,120 465
8,000............................ 1,170 490
9,000............................ 1,220 510
10,000........................... 1,270 530
11,000........................... 1,320 550
12,000........................... 1,370 570
13,000........................... 1,420 589
14,000........................... 1,470 608
15,000........................... 1,520 626
16,000........................... 1,570 644
17,000........................... 1,620 661
18,000........................... 1,670 678
19,000........................... 1,720 695
20,000........................... 1,770 712.
------------------------------------------------------------------------
``(b) Determinations by Interpolation.--If the total number
of members of a reserve component serving on full-time
reserve component duty is between any two consecutive numbers
in the first column of the table in subsection (a), the
corresponding authorized strengths for each of the grades
shown in that table for that component are determined by
mathematical interpolation between the respective numbers of
the two strengths. If the total number of members of a
reserve component serving on full-time reserve component duty
is more or less than the highest or lowest number,
respectively, set forth in the first column of the table in
subsection (a), the Secretary concerned shall fix the
corresponding strengths for the grades shown in the table at
the same proportion as is reflected in the nearest limit
shown in the table.
``(c) Reallocations to Lower Grade.--Whenever the number of
officers serving in pay grade E-9 for duty described in
subsection (a) is less than the number authorized for that
grade under this section, the difference between the two
numbers may be applied to increase the number authorized
under this section for pay grade E-8.
``(d) Secretarial Waiver.--(1) Upon determining that it is
in the national interest to do so, the Secretary of Defense
may increase for a particular fiscal year the number of
reserve enlisted members that may be on active duty or full-
time National Guard duty as described in subsection (a) for a
reserve component in a pay grade referred to in a table in
subsection (a) by a number that does not exceed the number
equal to 5 percent of the maximum number specified for that
grade and reserve component in the table.
``(2) Whenever the Secretary exercises the authority
provided in paragraph (1), the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives notice in
writing of the adjustment made.
``(e) Full-Time Reserve Component Duty Defined.--In this
section, the term `full-time reserve component duty' has the
meaning given the term in section 12011(e) of this title.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001, or the date of the
enactment of this Act, whichever is later.
Subtitle C--Other Matters Relating to Personnel Strengths
SEC. 421. INCREASE IN PERCENTAGE BY WHICH ACTIVE COMPONENT
END STRENGTHS FOR ANY FISCAL YEAR MAY BE
INCREASED.
(a) Increase.--Section 115(c)(1) of title 10, United States
Code, is amended by striking ``1 percent'' and inserting ``2
percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001, or the date of the
enactment of this Act, whichever is later.
SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR NATIONAL
GUARD AND RESERVE PERSONNEL PERFORMING FUNERAL
HONORS FUNCTIONS.
Section 115(d) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(10) 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.
``(11) Members on full-time National Guard duty to prepare
for and perform funeral honors functions for funerals of
veterans in accordance with section 1491 of this title.''.
SEC. 423. INCREASE IN AUTHORIZED STRENGTHS FOR AIR FORCE
OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR.
The table in section 523(a)(1) of title 10, United States
Code, is amended by striking the figures under the heading
``Major'' in the portion of the table relating to the Air
Force and inserting the following:
``9,861
10,727
11,593
12,460
13,326
14,192
15,058
15,925
16,792
17,657
18,524
19,389
20,256
21,123
21,989
22,855
23,721
24,588
25,454''.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2002 a total of $82,279,101,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2002.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--General Personnel Management Authorities
SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF SENIOR
GENERAL AND FLAG OFFICER POSITIONS.
(a) Repeal of Limit on Number of Officers on Active Duty in
Grades of General and Admiral.--Section 528 of title 10,
United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 32 of such title is amended by striking
the item relating to section 528.
[[Page H5800]]
SEC. 502. ORIGINAL APPOINTMENTS IN REGULAR GRADES FOR ACADEMY
GRADUATES AND CERTAIN OTHER NEW OFFICERS.
(a) Repeal of Requirement for One Year of Active Duty in a
Reserve Grade.--Section 532(e) of title 10, United States
Code, is repealed.
(b) Military Academy Graduates.--Section 4353(b) of such
title is amended to read as follows:
``(b) A cadet who completes the prescribed course of
instruction, is qualified for an original appointment in a
regular component under section 532 of this title, and meets
such other criteria for appointment as a commissioned officer
in the Army as may be prescribed by the Secretary of the Army
shall, upon graduation, be appointed a second lieutenant in
the Regular Army under section 531 of this title, unless
appointed under that section in a regular component of one of
the other armed forces in accordance with section 541 of this
title.''.
(c) Naval Academy Graduates.--Section 6967 of such title is
amended--
(1) by inserting ``(a)'' before ``Under regulations''; and
(2) by adding at the end the following:
``(b) A midshipman who completes the prescribed course of
instruction, is qualified for an original appointment in a
regular component under section 532 of this title, and meets
such other criteria for appointment as a commissioned officer
in the naval service as may be prescribed by the Secretary of
the Navy shall, upon graduation, be appointed an ensign in
the Regular Navy or a second lieutenant in the Regular Marine
Corps under section 531 of this title, unless appointed under
that section in a regular component of one of the other armed
forces in accordance with section 541 of this title.''.
(d) Air Force Academy Graduates.--Section 9353(b) of such
title is amended to read as follows:
``(b) A cadet who completes the prescribed course of
instruction, is qualified for an original appointment in a
regular component under section 532 of this title, and meets
such other criteria for appointment as a commissioned officer
in the Air Force as may be prescribed by the Secretary of the
Air Force shall, upon graduation, be appointed a second
lieutenant in the Regular Air Force under section 531 of this
title, unless appointed under that section in a regular
component of one of the other armed forces in accordance with
section 541 of this title.''.
(e) ROTC Distinguished Graduates.--Section 2106(a) of such
title is amended by adding at the end the following new
sentence: ``However, a member of the program selected for an
appointment under this section who, under regulations
prescribed by the Secretary of the military department
concerned, is designated or selected as a Distinguished
Graduate (or the equivalent) shall be appointed as a regular
officer.''.
(f) Other Commissioning Programs.--(1) Chapter 33 of such
title is amended by adding at the end the following new
section:
``Sec. 542. Distinguished Graduates of officer commissioning
programs other than service academies and ROTC
``A person who is selected for an original appointment as a
commissioned officer in the Army, Navy, Air Force, or Marine
Corps as a result of satisfactory completion of an officer
commissioning program other than the course of instruction at
one of the service academies named in section 541 of this
title or the Senior Reserve Officers' Training Corps program
and who, under regulations prescribed by the Secretary of the
military department concerned, is designated or selected as a
Distinguished Graduate of that program (or the equivalent)
shall be appointed as a regular officer.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``542. Distinguished Graduates of officer commissioning programs other
than service academies and ROTC.''.
(g) Effective Date.--The amendments made by this section
shall take effect on May 1, 2002.
SEC. 503. TEMPORARY REDUCTION OF TIME-IN-GRADE REQUIREMENT
FOR ELIGIBILITY FOR PROMOTION FOR CERTAIN
ACTIVE-DUTY LIST OFFICERS IN GRADES OF FIRST
LIEUTENANT AND LIEUTENANT (JUNIOR GRADE).
(a) Authority.--Subsection (a) of section 619 of title 10,
United States Code, is amended--
(1) in paragraph (1)(B), by inserting before the period at
the end the following: ``, or such shorter period as may be
in effect under paragraph (6)''; and
(2) by adding at the end the following new paragraph:
``(6)(A) When the needs of the service require, the
Secretary of the military department concerned may reduce to
eighteen months the period of service in grade applicable for
purposes of paragraph (1)(B) in the case of officers who are
serving in a position that is authorized for officers in the
grade of captain or, in the case of the Navy, lieutenant.
``(B) If the Secretary of the military department concerned
uses the authority provided in subparagraph (A), the number
of captains or, in the case of the Navy, lieutenants on the
active-duty list may not exceed the number of positions for
which officers in that grade are authorized by more than one
percent.
``(C) The authority under subparagraph (A) and the
limitation under subparagraph (B) expire on September 30,
2005.''.
(b) Stylistic Amendments.--Such section is further amended
as follows:
(1) Subsection (a) is amended by striking ``(a)(1)'' and
inserting ``(a) Time-in-Grade Requirements.--(1)''.
(2) Subsection (b) is amended by striking ``(b)(1)'' and
inserting ``(b) Continued Eligibility for Consideration for
Promotion of Officers Who Have Previously Failed of
Selection.--(1)''.
(3) Subsection (c) is amended by striking ``(c)(1)'' and
inserting ``(c) Officers To Be Considered by Promotion
Boards.--(1)''.
(4) Subsection (d) is amended by inserting ``Certain
Officers Not To Be Considered.--'' after ``(d)''.
(c) Technical Amendment.--Subsection (a)(4) of such section
is amended by striking ``clause (A)'' and inserting
``subparagraph (A)''.
SEC. 504. INCREASE IN SENIOR ENLISTED ACTIVE DUTY GRADE LIMIT
FOR NAVY, MARINE CORPS, AND AIR FORCE.
(a) Members in Pay Grade E-8.--Section 517(a) of title 10,
United States Code, is amended by striking ``2 percent (or,
in the case of the Army, 2.5 percent)'' and inserting ``2.5
percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001, or the date of the
enactment of this Act, whichever is later.
SEC. 505. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL
DEFERMENT OF MANDATORY RETIREMENT OR
SEPARATION.
The text of section 640 of title 10, United States Code, is
amended to read as follows:
``(a) If the Secretary of the military department concerned
determines that the evaluation of the physical condition of
an officer and determination of the officer's entitlement to
retirement or separation for physical disability require
hospitalization or medical observation and that such
hospitalization or medical observation cannot be completed
with confidence in a manner consistent with the member's well
being before the date on which the officer would otherwise be
required to retire or be separated under this title, the
Secretary may defer the retirement or separation of the
officer under this title.
``(b) A deferral of retirement or separation under
subsection (a) may not extend for more than 30 days after
completion of the evaluation requiring hospitalization or
medical observation.''.
SEC. 506. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE DUTY OF
MEMBERS SUBJECT TO MANDATORY RETIREMENT OR
SEPARATION.
(a) Section 12305 Stop-Loss Authority.--Section 12305 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c) Upon the termination of a suspension made under the
authority of subsection (a) of a provision of law otherwise
requiring the separation or retirement of officers on active
duty because of age, length of service or length of service
in grade, or failure of selection for promotion, the
Secretary concerned shall extend by up to 90 days the
otherwise required separation or retirement date of any
officer covered by the suspended provision whose separation
or retirement date, but for the suspension, would have been
before the date of the termination of the suspension or
within 90 days of the date of such termination.''.
(b) Section 123 Stop-Loss Authority.--Section 123 of such
title is amended by adding at the end the following new
subsection:
``(d) Upon the termination of a suspension made under the
authority of subsection (a) of a provision of law otherwise
requiring the separation or retirement of officers on active
duty because of age, length of service or length of service
in grade, or failure of selection for promotion, the
Secretary concerned shall extend by up to 90 days the
otherwise required separation or retirement date of any
officer covered by the suspended provision whose separation
or retirement date, but for the suspension, would have been
before the date of the termination of the suspension or
within 90 days of the date of such termination.''.
SEC. 507. CLARIFICATION OF DISABILITY SEVERANCE PAY
COMPUTATION.
(a) Clarification.--Section 1212(a)(2) of title 10, United
States Code, is amended by striking ``for promotion'' in
subparagraph (C) and the first place it appears in
subparagraph (D).
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to members separated under section
1203 or 1206 of title 10, United States Code, on or after
date of the enactment of this Act.
SEC. 508. OFFICER IN CHARGE OF UNITED STATES NAVY BAND.
(a) Detail and Grade.--Section 6221 of title 10, United
States Code, is amended to read as follows:
Sec. 6221. United States Navy Band; officer in charge
``(a) There is a Navy band known as the United States Navy
Band.
``(b) An officer of the Navy designated for limited duty
under section 5589 or 5596 of this title who is serving in a
grade not below lieutenant commander may be detailed by the
Secretary of the Navy as Officer in Charge of the United
States Navy Band. While so serving, an officer so detailed
shall hold the grade of captain if recommended by the
Secretary of the Navy for appointment to that grade and
appointed to that grade by the President, by and with the
advice and consent of the Senate. Such an appointment may be
made notwithstanding section 5596(d) of this title.''.
(b) Clerical Amendment.--The item relating to section 6221
in the table of sections at the beginning of chapter 565 of
such title is amended to read as follows:
``6221. United States Navy Band; officer in charge.''.
SEC. 509. ONE-YEAR EXTENSION OF EXPIRATION DATE FOR CERTAIN
FORCE MANAGEMENT AUTHORITIES.
(a) Early Retirement Authority for Active Force Members.--
Section 4403(i) of the National Defense Authorization Act for
Fiscal
[[Page H5801]]
Year 1993 (10 U.S.C. 1293 note) is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(b) SSB and VSI.--Sections 1174a(h)(1) and 1175(d)(3) of
title 10, United States Code, are amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(c) Selective Early Retirement Boards.--Section 638a(a) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(d) Time-in-Grade Requirement for Retention of Grade Upon
Voluntary Retirement.--Section 1370 of such title is amended
by striking ``December 31, 2001'' in subsections (a)(2)(A)
and (d)(5) and inserting ``December 31, 2002''.
(e) Minimum Commissioned Service for Voluntary Retirement
as an Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of
such title are amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(f) Travel, Transportation, and Storage Benefits.--Sections
404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and
406(g)(1)(C) of title 37, United States Code, and section
503(c)(1) of the National Defense Authorization Act for
Fiscal Year 1991 (37 U.S.C. 406 note) are amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(g) Educational Leave for Public and Community Service.--
Section 4463(f) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(h) Transitional Health Benefits.--Subsections (a)(1),
(c)(1), and (e) of section 1145 of title 10, United States
Code, are amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(i) Transitional Commissary and Exchange Benefits.--Section
1146 of such title is amended by striking ``December 31,
2001'' both places it appears and inserting ``December 31,
2002''.
(j) Transitional Use of Military Housing.--Paragraphs (1)
and (2) of section 1147(a) of such title are amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(k) Continued Enrollment of Dependents in Defense
Dependents' Education System.--Section 1407(c)(1) of the
Defense Dependents' Education Act of 1978 (20 U.S.C.
926(c)(1)) is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(l) Force Reduction Transition Period Defined for Certain
Guard and Reserve Benefits.--Section 4411 of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
12681 note) is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(m) Retired Pay for Non-Regular Service.--Sections 12731(f)
and 12731a(b) of title 10, United States Code, are amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(n) Affiliation With Guard and Reserve Units; Waiver of
Certain Limitations.--Section 1150(a) of such title is
amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(o) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN RESERVE
OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE
YEARS OR LESS.
(a) Clarification of Exemption.--Section 641(1)(D) of title
10, United States Code, is amended to read as follows:
``(D) on active duty under section 12301(d) of this title,
other than as provided under subparagraph (C), if the call or
order to active duty, under regulations prescribed by the
Secretary concerned, specifies a period of three years or
less and continued placement on the reserve active-status
list;''.
(b) Retroactive Application.--(1) The Secretary of the
military department concerned may provide that an officer who
was excluded from the active-duty list under section
641(1)(D) of title 10, United States Code, as amended by
section 521 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-108), shall be
considered to have been on the active-duty list during the
period beginning on the date on which the officer was so
excluded and ending on the date of the enactment of this Act.
(2) The Secretary of the military department concerned may
provide that a Reserve officer who was placed on the active-
duty list on or after October 30, 1997, shall be placed on
the reserve active-status list if the officer otherwise meets
the conditions specified in section 641(1)(D) of title 10,
United States Code, as amended by subsection (a).
SEC. 512. EXPANDED APPLICATION OF RESERVE SPECIAL SELECTION
BOARDS.
(a) Special Selection Board for Below-the-Zone
Consideration.--Section 14502 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``from in or above
the promotion zone'';
(2) in subsection (a)(3), by inserting ``for selection for
promotion from in or above the promotion zone'' after ``for
consideration''; and
(3) in subsection (b)(1), by striking ``from in or above
the promotion zone''.
(b) Technical Amendment.--Subsection (b)(1) of such section
is amended by striking ``under this chapter by a selection
board'' and inserting ``by a promotion board convened under
section 14101(a) of this title''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to any Reserve officer who was not considered for
promotion because of administrative error, or was considered
for promotion but not selected because of material error,
under part III of subtitle E of title 10, United States Code,
on or after October 1, 1996.
SEC. 513. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR
APPOINTMENT OF RESERVE OFFICERS TO GRADES ABOVE
FIRST LIEUTENANT.
Section 12205(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The appointment to a grade in the Army Reserve of a
person whose original appointment as an officer in the Army
Reserve was through the Officer Candidate School program and
who immediately before that original appointment was an
enlisted member on active duty.''.
SEC. 514. IMPROVED DISABILITY BENEFITS FOR CERTAIN RESERVE
COMPONENT MEMBERS.
(a) Medical and Dental Care.--Sections 1074a(a)(3) and
1076(a)(2)(C) of title 10, United States Code, are each
amended by striking ``, if the'' and all that follows through
``member's residence''.
(b) Eligibility for Disability Retirement
or Separation.--Sections 1204(2)(B)(iii) and 1206(2)(B)(iii)
of title 10, United States Code, are each amended by striking
``, if the'' and all that follows through ``member's
residence''.
(c) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2)(D) of title 10, United States Code, is amended by
striking ``, if the site is outside reasonable commuting
distance from the member's residence''.
(d) Pay.--Sections 204(g)(1)(D), 204(h)(1)(D), and
206(a)(3)(C) of title 37, United States Code, are each
amended by striking ``, if the site is outside reasonable
commuting distance from the member's residence''.
SEC. 515. TIME-IN-GRADE REQUIREMENT FOR RESERVE COMPONENT
OFFICERS WITH A NONSERVICE CONNECTED
DISABILITY.
Section 1370(d)(3)(B) of title 10, United States Code, is
amended to read as follows:
``(B) A person covered by subparagraph (A) who has
completed at least six months of satisfactory service in
grade may be credited with satisfactory service in the grade
in which serving at the time of transfer or discharge,
notwithstanding failure of the person to complete three years
of service in that grade, if that person--
``(i) is transferred from an active status or discharged as
a reserve commissioned officer solely due to the requirements
of a nondiscretionary provision of law requiring that
transfer or discharge due to the person's age or years of
service; or
``(ii) is retired under chapter 1223 of this title because
the person no longer meets the qualification for membership
in the Ready Reserve solely because of a physical disability,
as determined, at a minimum, by a medical evaluation
board.''.
SEC. 516. RESERVE MEMBERS CONSIDERED TO BE DEPLOYED FOR
PURPOSES OF PERSONNEL TEMPO MANAGEMENT.
Section 991(b) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``active'' before ``service''; and
(B) by adding at the end the following: ``For the purpose
of applying the preceding sentence to a member of a reserve
component performing active service, the housing in which the
member resides when on garrison duty at the member's
permanent duty station or homeport, as the case may be, shall
be considered to be either the housing the member normally
occupies when on garrison duty or the member's permanent
civilian residence.'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(4) in paragraph (3) (as so redesignated), by striking ``in
paragraphs (1) and (2)'' and inserting ``in paragraph (1)''.
SEC. 517. FUNERAL HONORS DUTY PERFORMED BY RESERVE AND GUARD
MEMBERS TO BE TREATED AS INACTIVE-DUTY TRAINING
FOR CERTAIN PURPOSES.
(a) Reserve Members.--Section 12503(a) of title 10, United
States Code, is amended by adding at the end the following
new sentence: ``Performance of funeral honors duty by a
Reserve not on active duty shall be treated as inactive-duty
training (including with respect to travel to and from such
duty) for purposes of any provision of law other than
sections 206 and 435 of title 37.''.
(b) National Guard Members.--Section 115(a) of title 32,
United States Code, is amended by adding at the end the
following new sentence: ``Performance of funeral honors duty
by such a member not on active duty or full-time National
Guard duty shall be treated as inactive-duty training
(including with respect to travel to and from such duty) for
purposes of any provision of law other than sections 206 and
435 of title 37.''.
(c) Effective Date.--The amendments made by this section
shall apply to funeral honors duty performed on or after
October 30, 2000.
SEC. 518. MEMBERS OF THE NATIONAL GUARD PERFORMING FUNERAL
HONORS DUTY WHILE IN NON-FEDERAL STATUS.
Section 1491(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) A member of the Army National Guard of the United
States or the Air National Guard of the United States who
serves as a member of a funeral honors detail while in a duty
status authorized under State law shall be considered to be a
member of the armed forces for the purposes of the first
sentence of paragraph (2).''.
[[Page H5802]]
SEC. 519. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY
RESERVE MEMBERS AND NATIONAL GUARDSMEN.
Section 6323(a)(1) of title 5, United States Code, is
amended by inserting ``funeral honors duty (as described in
section 12503 of title 10 and section 115 of title 32),''
after ``(as defined in section 101 of title 37),''.
Subtitle C--Joint Specialty Officers and Joint Professional Military
Education
SEC. 521. NOMINATIONS FOR JOINT SPECIALTY.
Paragraph (2) of section 661(b) of title 10, United States
Code, is amended by striking ``The Secretaries'' and all that
follows through ``officers--'' and inserting ``Each officer
on the active-duty list on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2002 who
has not before that date been nominated for the joint
specialty by the Secretary of a military department, and each
officer who is placed on the active-duty list after such
date, who meets the requirements of subsection (c) shall
automatically be considered to have been nominated for the
joint specialty. From among those officers considered to be
nominated for the joint specialty, the Secretary may select
for the joint specialty only officers--''.
SEC. 522. JOINT DUTY CREDIT.
Paragraph (4) of section 664(i) of title 10, United States
Code, is amended--
(1) in subparagraph (E), by striking ``The'' and inserting
``Except as provided in subparagraph (F), the''; and
(2) by adding at the end the following new subparagraph:
``(F) Service in a temporary joint task force assignment
not involved in combat or combat-related operations may not
be credited for the purposes of joint duty, unless, and only
if--
``(i) the service of the officer and the nature of the
joint task force not only meet all criteria of this section,
except subparagraph (E), but also any additional criteria the
Secretary may establish;
``(ii) the Secretary has specifically approved the
operation conducted by the joint task force as one that
qualifies for joint service credit, and notifies Congress
upon each approval, providing the criteria that led to that
approval; and
``(iii) the operation is conducted by the joint task force
in an environment where an extremely fragile state of peace
and high potential for hostilities coexist.''.
SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN
CERTAIN JOINT TASK FORCES.
(a) Authority.--In accordance with section 664(i) of title
10, United States Code, as amended by section 522, the
Secretary of Defense may award joint service credit to any
officer who served on the staff of a United States joint task
force headquarters in an operation and during the period set
forth in subsection (b) and who meets the criteria specified
in such section. To determine which officers qualify for such
retroactive credit, the Secretary shall undertake a case-by-
case review of the records of officers.
(b) Eligible Operations.--Service in the following
operations, during the specified periods, may be counted for
credit under subsection (a):
(1) Operation Northern Watch, during the period beginning
on August 1, 1992, and ending on a date to be determined.
(2) Operation Southern Watch, during the period beginning
on August 27, 1992, and ending on a date to be determined.
(3) Operation Able Sentry, during the period beginning on
June 26, 1993, and ending on February 28, 1999.
(4) Operation Joint Endeavor, during the period beginning
on December 25, 1995, and ending on December 19, 1996.
(5) Operation Joint Guard, during the period beginning on
December 20, 1996, and ending on June 20, 1998.
(6) Operation Desert Thunder, beginning on January 24,
1998, and ending on December 15, 1998.
(7) Operation Joint Forge, beginning on June 20, 1998, and
ending on June 10, 1999.
(8) Operation Noble Anvil, beginning on March 24, 1999, and
ending on July 20, 1999.
(9) Operation Joint Guardian, beginning on June 11, 1999,
and ending on a date to be determined.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report of the numbers, by service, grade, and
operation, of the officers given joint service credit in
accordance with this section.
SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFICER
MANAGEMENT.
Section 667 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following new subparagraph:
``(B) The number of officers who meet the criteria for
selection for the joint specialty but were not selected,
together with the reasons why.'';
(2) by amending paragraph (2) to read as follows:
``(2) The number of officers with the joint specialty,
shown by grade and branch or specialty and by education.'';
(3) in paragraph (3)--
(A) in subparagraph (A) and (B), by striking ``nominated''
and inserting ``selected'';
(B) by inserting ``and'' at the end of subparagraph (D);
(C) by striking subparagraph (E); and
(D) by redesignating subparagraph (F) as subparagraph (E);
(4) in paragraph (4)(A), by striking ``nominated'' and
inserting ``selected'';
(5) in paragraph (14)--
(A) by inserting ``(A)'' after ``(14)''; and
(B) by adding at the end the following new subparagraph:
``(B) An assessment of the extent to which the Secretary of
each military department is assigning personnel to joint duty
assignments in accordance with this chapter and the policies,
procedures, and practices established by the Secretary of
Defense under section 661(a) of this title.''; and
(6) in paragraph (16), by striking ``section 664(i)'' in
the matter preceding subparagraph (A) and in subparagraph (B)
and inserting ``subparagraphs (E) and (F) of section
664(i)(4)''.
SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPECIALTY
BEFORE PROMOTION TO GENERAL OR FLAG OFFICER
GRADE.
(a) Requirement.--Subsection (a) of section 619a of title
10, United States Code, is amended by striking ``unless'' and
all that follows and inserting ``unless--
``(1) the officer has completed a full tour of duty in a
joint duty assignment (as described in section 664(f) of this
title); and
``(2) for appointments after September 30, 2007, the
officer has been selected for the joint specialty in
accordance with section 661 of this title.''
(b) Waiver Authority.--Subsection (b) of that section is
amended by striking ``may waive subsection (a) in the
following circumstances:'' and inserting ``may waive
paragraph (1) or paragraph (2) of subsection (a), or both
paragraphs (1) and (2) of subsection (a), in the following
circumstances (except that paragraph (2) of subsection (a)
may not be waived by reason of paragraph (4)):''.
(c) Proposed Legislative Changes.--Not later than December
1, 2002, the Secretary of Defense shall submit to Congress a
draft proposal for such legislative changes as the Secretary
considers needed to implement the amendment made by
subsections (a) and (b).
SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MANAGEMENT AND
JOINT PROFESSIONAL MILITARY EDUCATION REFORMS.
(a) Study.--The Secretary of Defense shall provide for an
independent study of the joint officer management system and
the joint professional military education system. The
Secretary shall ensure that the entity conducting the study
is provided such information and support as required. The
Secretary shall include in the contract for the study a
requirement that the entity conducting the study submit a
report to Congress on the study not later than June 30, 2002.
(b) Matters To Be Included With Respect to Joint Officer
Management.--With respect to the joint officer management
system, the entity conducting the independent study shall
provide for the following:
(1) Assessment of implications for joint officer education,
development, and management that would result from proposed
joint organizational operational concepts (such as standing
joint task forces) and from emerging officer management and
personnel reforms (such as longer careers and more
stabilization), that are under consideration by the Secretary
of Defense.
(2) Assessment of the effectiveness of the current joint
officer management system to develop and use joint specialty
qualified officers in meeting both current and future
requirements for joint specialty officers.
(3) Recommendations, based on empirical and other data, to
improve the effectiveness of the joint officer management
system, especially with regard to the following:
(A) The proper mix and sequencing of education assignments
and experience assignments (to include, with respect to both
types of assignments, consideration of the type and quality,
and the length, of such assignments) to qualify an officer as
a joint specialty officer, as well as the implications of
adopting a variable joint duty tour length and the
advisability and implications of a system of qualifying
officers as joint specialty officers that uses multiple
shorter qualification tracks to selection as a joint
specialty officer than are now codified.
(B) The system of using joint specialty officers, including
the continued utility of such measures as--
(i) the required fill of positions on the joint duty
assignment list, as specified in paragraphs (1) and (4) of
section 661(d) of title 10, United States Code;
(ii) the fill by such officers of a required number of
critical billets, as prescribed by section 661(d)(2) of such
title;
(iii) the mandated fill by general and flag officers of a
minimum number of critical billets, as prescribed by section
661(d)(3) of such title; and
(iv) current promotion policy objectives for officers with
the joint specialty, officers serving on the Joint Staff, and
officers serving in joint duty assignment list positions, as
prescribed by section 662 of such title.
(C) Changes in policy and law required to provide officers
the required joint specialty qualification before promotion
to general or flag officer grade.
(D) A determination of the number of reserve component
officers who would be qualified for designation as a joint
specialty officer by reason of experience or education if the
standards of existing law, including waiver authorities, were
applied to them, and recommendations for a process for
qualifying and employing future reserve component officers as
joint specialty officers.
(c) Matters To Be Included With Respect to Joint
Professional Military Education.--With respect to the joint
professional military education system, the entity conducting
the independent study shall provide for the following:
(1) The number of officers who under the current system (A)
qualified as joint specialty officers by attending joint
professional military
[[Page H5803]]
education programs before their first joint duty assignment,
(B) qualified as joint specialty officers after arriving at
their first joint duty assignment but before completing that
assignment, and (C) qualified as joint specialty officers
without any joint professional military education.
(2) Recommended initiatives (include changes in officer
personnel management law, if necessary) to provide incentives
and otherwise facilitate attendance at joint professional
military education programs before an officer's first joint
duty assignment.
(3) Recommended goals for attendance at the Joint Forces
Staff College en route to a first joint duty assignment.
(4) An assessment of the continuing utility of statutory
requirements for use of officers following joint professional
military education, as prescribed by section 662(d) of title
10, United States Code.
(5) Determination of whether joint professional military
education programs should remain principally an in-resident,
multi-service experience and what role non-resident or
distributive learning can or should play in future joint
professional military education programs.
(6) Examination of options for the length of and increased
capacity at Joint Forces Staff College, and whether other in-
resident joint professional military education sources should
be opened, and if opened, how they might be properly
accredited and overseen to provide instruction at the level
of the program designated as ''joint professional military
education''.
(d) Chairman of Joint Chiefs of Staff.--With respect to the
roles of the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff, the entity conducting the independent
study shall--
(1) provide for an evaluation of the current roles of the
Secretary of Defense, the Chairman of the Joint Chiefs of
Staff, and joint staff in law, policy, and implementation
with regard to establishing and maintaining oversight of
joint officer management, career guidelines, and joint
professional military education; and
(2) make recommendations to improve and strengthen those
roles.
(e) Requirements for Study Entity.--In providing for the
independent study required by subsection (a), the Secretary
of Defense shall ensure that the entity conducting the
study--
(1) is not a Department of Defense organization; and
(2) shall, at a minimum, involve in the study, in an
integral way, the following persons:
(A) The Chairman of the Joint Chiefs of Staff and available
former Chairmen of the Joint Chiefs of Staff.
(B) Members and former members of the Joint Staff, the
Armed Forces, the Congress, and congressional staff who are
or who have been significantly involved in the development,
implementation, or modification of joint officer management
and joint professional military education.
(C) Experts in joint officer management and education from
civilian academic and research centers.
SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION.
(a) Executive Agent for Funding.--(1) Effective beginning
with fiscal year 2003, the Secretary of Defense shall be the
executive agent for funding professional development
education operations of all components of the National
Defense University, including the Joint Forces Staff College.
The Secretary may not delegate the Secretary's functions and
responsibilities under the preceding sentence to the
Secretary of a military department.
(2) Nothing in this subsection affects policies in effect
on the date of the enactment of this Act with respect to--
(A) the reporting of the President of the National Defense
University to the Chairman of the Joint Chiefs of Staff; or
(B) provision of logistical and base operations support for
components of the National Defense University by the military
departments.
(b) Preparation of Budget Requests.--Section 2162(b) of
title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) As executive agent for funding professional
development education at the National Defense University,
including the Joint Forces Staff College, the Secretary of
Defense, with the advice of the Chairman of the Joint Chiefs
of Staff, shall prepare the annual budget for professional
development education operations at the National Defense
University and set forth that request as a separate budget
request in the materials submitted to Congress in support of
the budget request for the Department of Defense. Nothing in
the preceding sentence affects policies in effect on the date
of the enactment of this paragraph with respect to budgeting
for the funding of logistical and base operations support for
components of the National Defense University through the
military departments.''.
(c) Funding Source.--(1) Section 2165 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(d) Source of Funds for Professional Development
Education Operations.--Funding for the professional
development education operations of the National Defense
University shall be provided from funds made available to the
Secretary of Defense from the annual appropriation `Operation
and Maintenance, Defense-wide'.''.
(2) Subsection (d) of section 2165 of title 10, United
States Code, as added by paragraph (1), shall become
effective beginning with fiscal year 2003.
SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY TO ENROLL
CERTAIN PRIVATE SECTOR CIVILIANS.
(a) In General.--(1) Chapter 108 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2167. National Defense University: admission of
private sector civilians to professional military education
program
``(a) Authority for Admission.--The Secretary of Defense
may permit eligible private sector employees who work in
organizations relevant to national security to receive
instruction at the National Defense University in accordance
with this section. No more than 10 full-time equivalent
private sector employees may be enrolled at any one time.
Upon successful completion of the course of instruction in
which enrolled, any such private sector employee may be
awarded an appropriate diploma or degree under section 2165
of this title.
``(b) Eligible Private Sector Employees.--For purposes of
this section, an eligible private sector employee is an
individual employed by a private firm that is engaged in
providing to the Department of Defense or other Government
departments or agencies significant and substantial defense-
related systems, products, or services or whose work product
is relevant to national security policy or strategy. A
private sector employee admitted for instruction at the
National Defense University remains eligible for such
instruction only so long as that person remains employed by
the same firm.
``(c) Annual Certification by Secretary of Defense.--
Private sector employees may receive instruction at the
National Defense University during any academic year only if,
before the start of that academic year, the Secretary of
Defense determines, and certifies to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives, that providing instruction to
private sector employees under this section during that year
will further national security interests of the United
States.
``(d) Program Requirements.--The Secretary of Defense shall
ensure that--
``(1) the curriculum for the professional military
education program in which private sector employees may be
enrolled under this section is not readily available through
other schools and concentrates on national security relevant
issues; and
``(2) the course offerings at the National Defense
University continue to be determined solely by the needs of
the Department of Defense.
``(e) Tuition.--The President of the National Defense
University shall charge students enrolled under this section
a rate--
``(1) that is at least the rate charged for employees of
the United States outside the Department of Defense, less
infrastructure costs, and
``(2) that considers the value to the school and course of
the private sector student.
``(f) Standards of Conduct.--While receiving instruction at
the National Defense University, students enrolled under this
section, to the extent practicable, are subject to the same
regulations governing academic performance, attendance, norms
of behavior, and enrollment as apply to Government civilian
employees receiving instruction at the university.
``(g) Use of Funds.--Amounts received by the National
Defense University for instruction of students enrolled under
this section shall be retained by the university to defray
the costs of such instruction. The source, and the
disposition, of such funds shall be specifically identified
in records of the university.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2167. National Defense University: admission of private sector
civilians to professional military education program.''.
(b) Effective Date.--Section 2167 of title 10, United
States Code, as added by subsection (a), shall take effect on
January 1, 2002.
SEC. 529. CONTINUATION OF RESERVE COMPONENT PROFESSIONAL
MILITARY EDUCATION TEST.
(a) Continuation of Concept Validation Test.--During fiscal
year 2002, the Secretary of Defense shall continue the
concept validation test of Reserve component joint
professional military education that was begun in fiscal year
2001 at the National Defense University.
(b) Pilot Program.--If the Secretary of Defense determines
that the results of the concept validation test referred to
in subsection (a) warrant conducting a pilot program of the
concept that was the subject of the test, the Secretary shall
conduct such a pilot program during fiscal year 2003.
(c) Funding.--The Secretary shall provide funds for the
concept validation test under subsection (a) and for any
pilot program under subsection (b) from funds appropriated to
the Secretary of Defense in addition those appropriated for
operations of the National Defense University.
Subtitle D--Military Education and Training
SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority To Confer Associate of Arts Degree.--Chapter
108 of title 10, United States Code, is amended by adding
after section 2167, as added by section 528(a)(1), the
following new section:
``Sec. 2168. Defense Language Institute Foreign Language
Center: degree of Associate of Arts in foreign language
``(a) Subject to subsection (b), the Commandant of the
Defense Language Institute may confer an Associate of Arts
degree in a foreign language upon any graduate of the Foreign
Language Center of the Institute who fulfills the
requirements for that degree.
``(b) A degree may be conferred upon a student under this
section only if the Provost of the
[[Page H5804]]
Center certifies to the Commandant that the student has
satisfied all the requirements prescribed for the degree.
``(c) The authority provided by subsection (a) shall be
exercised under regulations prescribed by the Secretary of
Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 2167, as added by section 528(a)(2), the
following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate of Arts in foreign language.''.
SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO AWARD
DEGREE OF MASTER OF STRATEGIC STUDIES.
(a) Marine Corps War College Degree.--Section 7102 of title
10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Marine Corps War College.--Upon the recommendation of
the Director and faculty of the Marine Corps War College of
the Marine Corps University, the President of the Marine
Corps University may confer the degree of master of strategic
studies upon graduates of the Marine Corps War College who
fulfill the requirements for that degree.''.
(b) Conforming Amendments.--(1) Subsection (a) of such
section is amended by striking ``upon graduates'' and all
that follows and inserting ``upon graduates of the Command
and Staff College who fulfill the requirements for that
degree.''.
(2) Subsection (c) of such section, as redesignated by
subsection (a)(1), is amended by striking ``subsection (a)''
and inserting ``subsections (a) and (b)''.
(3)(A) The heading of such section is amended to read as
follows:
``Sec. 7102. Marine Corps University: masters degrees; board
of advisors''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 609 of such title is
amended to read as follows:
``7102. Marine Corps University: masters degrees; board of advisors.''.
(c) Codification of Requirement for Board of Advisors.--(1)
Section 7102 of title 10, United States Code, as amended by
subsections (a) and (b), is further amended by adding at the
end the following new subsection:
``(d) Board of Advisors.--The Secretary of the Navy shall
establish a board of advisors for the Marine Corps
University. The Secretary shall ensure that the board is
established so as to meet all requirements of the appropriate
regional accrediting association.''.
(2) Section 912 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 7102
note) is repealed.
(d) Effective Date.--The authority to confer the degree of
master of strategic studies under section 7102(b) of title
10, United States Code (as added by subsection (a)) may not
be exercised until the Secretary of Education determines, and
certifies to the President of the Marine Corps University,
that the requirements established by the Marine Corps War
College of the Marine Corps University for that degree are in
accordance with generally applicable requirements for a
degree of master of arts. Upon receipt of such a
certification, the President of the University shall promptly
transmit a copy of the certification to the Committee on
Armed Services of the Senate and Committee on Armed Services
of the House of Representatives.
SEC. 533. INCREASE IN NUMBER OF FOREIGN STUDENTS AUTHORIZED
TO BE ADMITTED TO THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Subsection (a)(1)
of section 4344 of title 10, United States Code, is amended
by striking ``40 persons'' and inserting ``60 persons''.
(2) Subsection (b) of such section is amended--
(A) by inserting ``some or all'' in paragraph (2) after
``unless a written waiver of''; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not apply
with respect to any person who entered the United States
Military Academy to receive instruction under section 4344 of
title 10, United States Code, before the date of the
enactment of this Act.
(b) United States Naval Academy.--(1) Subsection (a)(1) of
section 6957 of title 10, United States Code, is amended by
striking ``40 persons'' and inserting ``60 persons''.
(2) Subsection (b) of such section is amended--
(A) by inserting ``some or all'' in paragraph (2) after
``unless a written waiver of''; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not apply
with respect to any person who entered the United States
Naval Academy to receive instruction under section 6957 of
title 10, United States Code, before the date of the
enactment of this Act.
(c) United States Air Force Academy.--(1) Subsection (a)(1)
of section 9344 of title 10, United States Code, is amended
by striking ``40 persons'' and inserting ``60 persons''.
(2) Subsection (b) of such section is amended--
(A) by inserting ``some or all'' in paragraph (2) after
``unless a written waiver of''; and
(B) by striking paragraph (3).
(3) The amendments made by paragraph (2) shall not apply
with respect to any person who entered the United States Air
Force Academy to receive instruction under section 9344 of
title 10, United States Code, before the date of the
enactment of this Act.
SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT AS A CADET
OR MIDSHIPMAN IN SENIOR RESERVE OFFICER
TRAINING CORPS SCHOLARSHIP PROGRAMS.
(a) General ROTC Scholarship Program.--Section 2107(a) of
title 10, United States Code, is amended--
(1) by striking ``27 years of age on June 30'' and
inserting ``35 years of age on December 31''; and
(2) by striking ``, except that'' and all that follows
through ``on such date'' the second place it appears.
(b) Army Reserve and Army National Guard ROTC Scholarship
Program.--Section 2107a(a) of such title is amended--
(1) by striking ``27 years of age on June 30'' and
inserting ``35 years of age on December 31''; and
(2) by striking ``, except that'' and all that follows
through ``on such date'' the second place it appears.
SEC. 535. ACTIVE DUTY PARTICIPATION AS A CADET OR MIDSHIPMAN
IN SENIOR ROTC ADVANCED TRAINING.
(a) Senior Reserve Officer Training Corps.--Section
2104(b)(3) of title 10, United States Code, is amended by
striking ``a reserve component of'' ''.
(b) Basic Pay.--Section 209(c) of title 37, United States
Code, is amended by inserting ``unless the cadet or
midshipman is serving on active duty'' before the period at
the end.
SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGATION OF
CERTAIN ROTC CADETS IN MILITARY JUNIOR COLLEGES
RECEIVING FINANCIAL ASSISTANCE.
(a) Authority To Modify Agreements.--Subsection (b) of
section 2107a of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
and (6) as subparagraphs (A), (B), (C), (D), (E), and (F),
respectively;
(3) by designating the sentence following subparagraph (F),
as so redesignated, as paragraph (2); and
(4) by adding at the end the following new paragraph:
``(3) In the case of a cadet under this section at a
military junior college, the Secretary may, at any time and
with the consent of the cadet concerned, modify an agreement
described in paragraph (1)(F) submitted by the cadet to
reduce or eliminate the troop program unit service obligation
specified in the agreement and to establish, in lieu of that
obligation, an active duty service obligation. Such a
modification may be made only if the Secretary determines
that it is in the best interests of the United States to do
so.''.
(b) Retroactive Application.--The authority of the
Secretary of Defense under section 2107a(b)(3) of title 10,
United States Code, as added by subsection (a), may be
exercised with regard to any agreement described in
subsection (b)(1)(F) (including agreements related to
participation in the Advanced Course of the Army Reserve
Officers' Training Corps at a military college or civilian
institution) entered into during the period beginning on
January 1, 1991 and ending on July 12, 2000.
(c) Technical Amendment.--Subsection (h) of such section is
amended by striking ``military college'' in the second
sentence and inserting ``military junior college''.
SEC. 537. MODIFICATION OF NURSE OFFICER CANDIDATE ACCESSION
PROGRAM RESTRICTION ON STUDENTS ATTENDING
EDUCATIONAL INSTITUTIONS WITH SENIOR RESERVE
OFFICERS' TRAINING PROGRAMS.
Section 2130a of title 10, United States Code, is amended--
(1) in subsection (a)(2), by striking ``that does not have
a Senior Reserve Officers' Training Program established under
section 2102 of this title''; and
(2) in subsection (b)(1), by inserting before the semicolon
at the end ``or that has a Senior Reserve Officers' Training
Program for which the student is ineligible''.
SEC. 538. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS (JROTC) UNITS.
Section 2031(a)(1) of title 10, United States Code, is
amended by striking the second sentence.
SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM
EXPANSION.
(a) Purpose of Program.--Subsection (a) of section 16201 of
title 10, United States Code, is amended--
(1) by striking ``specialties critically needed in
wartime'';
(2) by striking ``training in such specialties'' and
inserting ``training that leads to a degree in medicine or
dentistry or training in a health professions specialty that
is critically needed in wartime''; and
(3) by striking ``training in certain health care
specialties'' and inserting ``health care education and
training''.
(b) Medical and Dental Student Stipend.--Such section is
further amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Medical and Dental School Students.--(1) Under the
stipend program under this chapter, the Secretary of the
military department concerned may enter into an agreement
with a person who--
``(A) is eligible to be appointed as an officer in a
reserve component;
``(B) is enrolled or has been accepted for enrollment in an
institution in a course of study that results in a degree in
medicine or dentistry;
``(C) signs an agreement that, unless sooner separated, the
person will--
``(i) complete the educational phase of the program;
[[Page H5805]]
``(ii) accept a reappointment or redesignation within the
person's reserve component, if tendered, based upon the
person's health profession, following satisfactory completion
of the educational and intern programs; and
``(iii) participate in a residency program; and
``(D) if required by regulations prescribed by the
Secretary of Defense, agrees to apply for, if eligible, and
accept, if offered, residency training in a health profession
skill which has been designated by the Secretary of Defense
as a critically needed wartime skill.
``(2) Under the agreement--
``(A) the Secretary of the military department concerned
shall agree to pay the participant a stipend, in the amount
determined under subsection (f), for the period or the
remainder of the period the student is satisfactorily
progressing toward a degree in medicine or dentistry while
enrolled in an accredited medical or dental school;
``(B) the participant shall not be eligible to receive such
stipend before appointment, designation, or assignment as an
officer for service in the Ready Reserve;
``(C) the participant shall be subject to such active duty
requirements as may be specified in the agreement and to
active duty in time of war or national emergency as provided
by law for members of the Ready Reserve; and
``(D) the participant shall agree to serve, upon successful
completion of the program, one year in the Selected Reserve
for each six months, or part thereof, for which the stipend
is provided. In the case of a participant who enters into a
subsequent agreement under subsection (c) and successfully
completes residency training in a specialty designated by the
Secretary of Defense as a specialty critically needed by the
military department in wartime, the requirement to serve in
the Selected Reserve may be reduced to one year for each
year, or part thereof, for which the stipend was provided
while enrolled in medical or dental school.''.
(c) Wartime Critical Skills.--Subsection (c) of such
section (as redesignated by subsection (b)(1)) is amended--
(1) by inserting ``Wartime'' after ``Critical'' in the
heading; and
(2) by inserting ``or has been appointed as a medical or
dental officer in the Reserve of the armed force concerned''
in paragraph (1)(B) before the semicolon at the end.
(d) Service Obligation Requirement.--Paragraph (2)(D) of
subsection (c) of such section (as redesignated by subsection
(b)(1)) and paragraph (2)(D) of subsection (d) of such
section (as so redesignated) are amended by striking ``two
years in the Ready Reserve for each year,'' and inserting
``one year in the Ready Reserve for each six months,''.
(e) Cross-Reference.--Paragraph (2)(A) of subsection (c) of
such section (as redesignated by subsection (b)(1)) and
paragraph (2)(A) of subsection (d) of such section (as so
redesignated) are amended by striking ``subsection (e)'' and
inserting ``subsection (f)''.
SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS OF
CADETS, UNITED STATES MILITARY ACADEMY.
(a) Authority.--The second sentence of section 4337 of
title 10, United States Code, is amended to read as follows:
``Notwithstanding any other provision of law, the chaplain is
entitled to the same basic allowance for housing allowed to a
lieutenant colonel, and to fuel and light for quarters in
kind.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act.
Subtitle E--Decorations, Awards, and Commendations
SEC. 541. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO
HUMBERT R. VERSACE FOR VALOR DURING THE VIETNAM
WAR.
(a) Waiver of Time Limitation.--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 Humbert R. Versace 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 Humbert R. Versace between
October 29, 1963, and September 26, 1965, while interned as a
prisoner-of-war by the Vietnamese Communist National
Liberation Front (Viet Cong) in the Republic of Vietnam.
SEC. 542. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN
JEWISH AMERICAN AND HISPANIC AMERICAN WAR
VETERANS.
(a) Review Required.--The Secretary of each military
department shall review the service records of each Jewish
American war veteran or Hispanic American war veteran
described in subsection (b) to determine whether that veteran
should be awarded the Medal of Honor.
(b) Covered Jewish American War Veterans and Hispanic
American War Veterans.--The Jewish American war veterans and
Hispanic American war veterans whose service records are to
be reviewed under subsection (a) are the following:
(1) Any Jewish American war veteran or Hispanic American
war veteran who was awarded the Distinguished Service Cross,
the Navy Cross, or the Air Force Cross before the date of the
enactment of this Act.
(2) Any other Jewish American war veteran or Hispanic
American war veteran whose name is submitted to the Secretary
concerned for such purpose before the end of the one-year
period beginning on the date of the enactment of this Act.
(c) Consultations.--In carrying out the review under
subsection (a), the Secretary of each military department
shall consult with the Jewish War Veterans of the United
States of America and with such other veterans service
organizations as the Secretary considers appropriate.
(d) Recommendation Based on Review.--If the Secretary
concerned determines, based upon the review under subsection
(a) of the service records of any Jewish American war veteran
or Hispanic American war veteran, that the award of the Medal
of Honor to that veteran is warranted, the Secretary shall
submit to the President a recommendation that the President
award the Medal of Honor to that veteran.
(e) Authority To Award Medal of Honor.--A Medal of Honor
may be awarded to a Jewish American war veteran or Hispanic
American war veteran in accordance with a recommendation of
the Secretary concerned under subsection (a).
(f) Waiver of Time Limitations.--An award of the Medal of
Honor may be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished Service Cross, Navy Cross, or Air Force
Cross has been awarded.
(g) Definition.--For purposes of this section, the term
``Jewish American war veteran'' means any person who served
in the Armed Forces during World War II or a later period of
war and who identified himself or herself as Jewish on his or
her military personnel records.
SEC. 543. AUTHORITY TO ISSUE DUPLICATE MEDAL OF HONOR.
(a) Army.--(1) Chapter 357 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 3754. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal of honor with ribbons and appurtenances. Such
duplicate medal of honor shall be marked, in such manner as
the Secretary of the Army may determine, as a duplicate or
for display purposes only.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``3754. Medal of honor: duplicate medal.''.
(b) Navy.--(1) Chapter 567 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 6256. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal of honor with ribbons and appurtenances. Such
duplicate medal of honor shall be marked, in such manner as
the Secretary of the Navy may determine, as a duplicate or
for display purposes only.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``6256. Medal of honor: duplicate medal.''.
(c) Air Force.--(1) Chapter 857 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8754. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal of honor with ribbons and appurtenances. Such
duplicate medal of honor shall be marked, in such manner as
the Secretary of the Air Force may determine, as a duplicate
or for display purposes only.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``8754. Medal of honor: duplicate medal.''.
(d) Coast Guard.--(1) Chapter 13 of title 14, United States
Code, is amended by inserting after section 503 the following
new section:
``Sec. 504. Medal of honor: duplicate medal
``A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal of honor with ribbons and appurtenances. Such
duplicate medal of honor shall be marked, in such manner as
the Secretary may determine, as a duplicate or for display
purposes only.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
503 the following new item:
``504. Medal of honor: duplicate medal.''.
(e) Definition of Medal of Honor for Purposes of Federal
Unauthorized-Use Crime.--Section 704(b)(2)(B) of title 18,
United States Code, is amended to read as follows:
``(B) As used in this subsection, `Congressional Medal of
Honor' means--
``(i) a medal of honor awarded under section 3741, 6241, or
8741 of title 10 or section 491 of title 14;
``(ii) a duplicate medal of honor issued under section
3754, 6256, or 8754 of title 10 or section 504 of title 14;
or
``(iii) a replacement of a medal of honor provided under
section 3747, 6253, or 8747 of title 10 or section 501 of
title 14.''.
SEC. 544. AUTHORITY TO REPLACE STOLEN MILITARY DECORATIONS.
(a) Army, Navy, and Air Force.--Sections 3747, 6253, and
8747 of title 10, United States Code, are each amended by
striking ``lost or destroyed'' and inserting ``stolen, lost,
or destroyed''.
(b) Coast Guard.--Section 501 of title 14, United States
Code, is amended by inserting ``stolen,'' before ``lost,''.
[[Page H5806]]
SEC. 545. WAIVER OF TIME LIMITATIONS FOR AWARD OF NAVY
DISTINGUISHED FLYING CROSS TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy
for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not
apply to awards of decorations described in this section, the
award of each such decoration having been determined by the
Secretary concerned to be warranted in accordance with
section 1130 of title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to
the award of the Distinguished Flying Cross for service
during World War II or Korea (including multiple awards to
the same individual) in the case of each individual
concerning whom the Secretary of the Navy (or an officer of
the Navy acting on behalf of the Secretary) submitted to the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate, during the
period beginning on October 31, 2000, and ending on the day
before the date of the enactment of this Act, a notice as
provided in section 1130(b) of title 10, United States Code,
that the award of the Distinguished Flying Cross to that
individual is warranted and that a waiver of time
restrictions prescribed by law for recommendation for such
award is recommended.
SEC. 546. KOREA DEFENSE SERVICE MEDAL.
(a) Army.--(1) Chapter 357 of title 10, United States Code,
as amended by section 543(a)(1), is further amended by adding
at the end the following new section:
``Sec. 3755. Korea Defense Service Medal
``(a) The Secretary of the Army shall issue a campaign
medal, to be known as the Korea Defense Service Medal, to
each person who while a member of the Army served in the
Republic of Korea or the waters adjacent thereto during the
KDSM eligibility period and met the service requirements for
the award of that medal prescribed under subsection (c).
``(b) In this section, the term `KDSM eligibility period'
means the period beginning on July 28, 1954, and ending on
such date after the date of the enactment of this section as
may be determined by the Secretary of Defense to be
appropriate for terminating eligibility for the Korea Defense
Service Medal.
``(c) The Secretary of the Army shall prescribe service
requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent than
the service requirements for award of the Armed Forces
Expeditionary Medal for instances in which the award of that
medal is authorized.''.
(2) The table of sections at the beginning of such chapter,
as amended by section 543(a)(2), is further amended by adding
at the end the following new item:
``3755. Korea Defense Service Medal.''.
(b) Navy and Marine Corps.--(1) Chapter 567 of title 10,
United States Code, as amended by section 543(b)(1), is
further amended by adding at the end the following new
section:
``Sec. 6257. Korea Defense Service Medal
``(a) The Secretary of the Navy shall issue a campaign
medal, to be known as the Korea Defense Service Medal, to
each person who while a member of the Navy or Marine Corps
served in the Republic of Korea or the waters adjacent
thereto during the KDSM eligibility period and met the
service requirements for the award of that medal prescribed
under subsection (c).
``(b) In this section, the term `KDSM eligibility period'
means the period beginning on July 28, 1954, and ending on
such date after the date of the enactment of this section as
may be determined by the Secretary of Defense to be
appropriate for terminating eligibility for the Korea Defense
Service Medal.
``(c) The Secretary of the Navy shall prescribe service
requirements for eligibility for the Korea Defense Service
Medal. Those requirements shall not be more stringent than
the service requirements for award of the Armed Forces
Expeditionary Medal for instances in which the award of that
medal is authorized.''.
(2) The table of sections at the beginning of such chapter,
as amended by section 543(b)(2), is further amended by adding
at the end the following new item:
``6257. Korea Defense Service Medal.''.
(c) Air Force.--(1) Chapter 857 of title 10, United States
Code, as amended by section 543(c)(1), is further amended by
adding at the end the following new section:
``Sec. 8755. Korea Defense Service Medal
``(a) The Secretary of the Air Force shall issue a campaign
medal, to be known as the Korea Defense Service Medal, to
each person who while a member of the Air Force served in the
Republic of Korea or the waters adjacent thereto during the
KDSM eligibility period and met the service requirements for
the award of that medal prescribed under subsection (c).
``(b) In this section, the term `KDSM eligibility period'
means the period beginning on July 28, 1954, and ending on
such date after the date of the enactment of this section as
may be determined by the Secretary of Defense to be
appropriate for terminating eligibility for the Korea Defense
Service Medal.
``(c) The Secretary of the Air Force shall prescribe
service requirements for eligibility for the Korea Defense
Service Medal. Those requirements shall not be more stringent
than the service requirements for award of the Armed Forces
Expeditionary Medal for instances in which the award of that
medal is authorized.''.
(2) The table of sections at the beginning of such chapter,
as amended by section 543(c)(2), is further amended by adding
at the end the following new item:
``8755. Korea Defense Service Medal.''.
(d) Award for Service Before Date of Enactment.--The
Secretary of the military department concerned shall take
appropriate steps to provide in a timely manner for the
issuance of the Korea Defense Service Medal, upon application
therefor, to persons whose eligibility for that medal is by
reason of service in the Republic of Korea or the waters
adjacent thereto before the date of the enactment of this
Act.
SEC. 547. COLD WAR SERVICE MEDAL.
(a) Authority.--Chapter 57 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1134. Cold War service medal
``(a) Medal Authorized.--The Secretary concerned shall,
upon application, issue the Cold War service medal to a
person eligible to receive that medal. The Cold War service
medal shall be of an appropriate design approved by the
Secretary of Defense, with ribbons, lapel pins, and other
appurtenances.
``(b) Eligibility.--(1) A person is eligible to receive the
Cold War service medal if the person--
``(A) served on active duty during the Cold War;
``(B) has not been released from active duty with a
characterization of service less favorable than honorable and
has not received a discharge less favorable than an honorable
discharge; and
``(C) except as provided under paragraph (3), meets the
service requirements of paragraph (2).
``(2) The service requirements of this paragraph are--
``(A) in the case of a person who served on active duty
during the Cold War as an enlisted member, that the person
have completed that person's initial term of enlistment and
after the end of that initial term of enlistment have
reenlisted for an additional term of enlistment or have been
appointed as an officer; and
``(B) in the case of a person who served on active duty
during the Cold War as an officer, that the person have
completed that person's initial service obligation as an
officer and have served in the armed forces after completing
that initial service obligation.
``(3) The Secretary concerned, under regulations prescribed
under this section, may waive the service requirements of
paragraph (2)--
``(A) in the case of any person discharged or released from
active duty for a disability incurred or aggravated in line
of duty;
``(B) in the case of any person discharged for hardship
under section 1173 of this title; and
``(C) under any other circumstance for which the Secretary
determines that such a waiver is warranted.
``(c) One Award Authorized.--Not more than one Cold War
service medal may be issued to any person.
``(d) Issuance to Representative of Deceased.--If a person
who is eligible for the Cold War service medal dies before
being issued that medal, the medal may, upon application, be
issued to the person's representative, as designated by the
Secretary concerned.
``(e) Replacement.--Under regulations prescribed by the
Secretary concerned, a Cold War service medal that is lost,
destroyed, or rendered unfit for use without fault or neglect
on the part of the person to whom it was issued may be
replaced without charge.
``(f) Uniform Regulations.--The Secretary of Defense shall
ensure that regulations prescribed by the Secretaries of the
military departments under this section are uniform so far as
is practicable.
``(g) Cold War Defined.--In this section, the term `Cold
War' means the period beginning on September 2, 1945, and
ending at the end of December 26, 1991.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1134. Cold War service medal.''.
SEC. 548. OPTION TO CONVERT AWARD OF ARMED FORCES
EXPEDITIONARY MEDAL AWARDED FOR OPERATION
FREQUENT WIND TO VIETNAM SERVICE MEDAL.
(a) In General.--The Secretary of the military department
concerned shall, upon the application of an individual who is
an eligible Vietnam evacuation veteran, award that individual
the Vietnam Service Medal, notwithstanding any otherwise
applicable requirements for the award of that medal. Any such
award shall be made in lieu of the Armed Forces Expeditionary
Medal awarded the individual for participation in Operation
Frequent Wind.
(b) Eligible Vietnam Evacuation Veteran.--For purposes of
this section, the term ``eligible Vietnam evacuation
veteran'' means a member or former member of the Armed Forces
who was awarded the Armed Forces Expeditionary Medal for
participation in military operations designated as Operation
Frequent Wind arising from the evacuation of Vietnam on April
29 and 30, 1975.
Subtitle F--Matters Relating to Voting
SEC. 551. VOTING ASSESSMENTS AND ASSISTANCE FOR MEMBERS OF
THE UNIFORMED SERVICES.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1566. Voting assistance: compliance assessments and
assistance
``(a) Inspector General Assessments.--(1) The Department of
Defense Inspector General shall each calendar year conduct a
random and unannounced assessment at a minimum of 15
Department of Defense installations of the compliance at
those installations with--
``(A) the requirements of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
``(B) Department of Defense regulations regarding that Act
and the Federal Voting Assistance Program carried out under
that Act; and
[[Page H5807]]
``(C) other requirements of law regarding voting by members
of the armed forces.
``(2) Each assessment under paragraph (1) shall include a
review of such compliance--
``(A) within units to which are assigned, in the aggregate,
not less than 20 percent of the personnel assigned to duty at
that installation;
``(B) within a representative survey of members of the
armed forces assigned to that installation and their
dependents; and
``(C) within unit voting assistance officers to measure
program effectiveness.
``(b) Regular Military Department Assessments.--The
Secretary of each military department shall include in the
set of issues and programs to be reviewed during any
management effectiveness review or inspection an assessment
of compliance with the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) and with
Department of Defense regulations regarding the Federal
Voting Assistance Program.
``(c) Voting Assistance Officers.--Voting assistance
officers appointed or assigned under Department of Defense
regulations regarding the Federal Voting Assistance Program
shall be appointed or assigned with the expectation of
serving in that capacity for a minimum of 30 months. A member
of the armed forces assigned to such a position may not be
assigned other duties that would not be considered part of
the member's primary military duties, except when a unit
commander determines that insufficient personnel are
available to fulfill all additional duty requirements.
Performance evaluation reports pertaining to a member who has
been assigned to serve as a voting assistance officer shall
comment on the performance of the member as a voting
assistance officer.
``(d) Delivery of Mail From Overseas Preceding Federal
Elections.--(1) During the four months preceding a general
Federal election month, the Secretary of Defense shall
periodically conduct surveys of all overseas locations and
vessels at sea with military units responsible for collecting
mail for return shipment to the United States and all port
facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations
or to the United States. The purpose of each survey shall be
to determine if voting materials are awaiting shipment at any
such location and, if so, the length of time that such
materials have been held at that location. During the fourth
and third months before a general Federal election month,
such surveys shall be conducted biweekly. During the second
and first months before a general Federal election month,
such surveys shall be conducted weekly.
``(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at
all times.
``(3) In this section, the term `general Federal election
month' means November in an even-numbered year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1566. Voting assistance: compliance assessments and assistance.''.
SEC. 552. ELECTRONIC VOTING DEMONSTRATION PROJECT.
(a) Demonstration Project.--The Secretary of Defense shall
carry out a demonstration project to examine voting in
Federal elections by absent uniformed services voters through
a long-distance electronic voting system. The demonstration
project shall be carried out for voting in the regularly
scheduled general election for Federal office in November
2002. Under the demonstration project, absent uniformed
services voters participating in the project shall be
provided a means, with the cooperation and assistance of
State election officials of States that agree to participate
in the project, to cast their ballots in that election
through a long-distance electronic voting method.
(b) Scope of Project.--The Secretary shall determine the
scope of the demonstration project under this section,
including the absent uniformed services voters authorized to
participate in the project. The project shall be carried out
with participation of sufficient numbers of absent uniformed
services voters so that the results are statistically
relevant.
(c) Coordination With State Election Officials.--The
Secretary shall carry out the demonstration project under
this section through cooperative agreements with State
election officials of States that agree to participate in the
project.
(d) Report to Congress.--Not later than June 1, 2003, the
Secretary shall submit to Congress a report analyzing the
demonstration project conducted under this section. The
Secretary shall include in the report any recommendations the
Secretary considers appropriate for continuing the project on
an expanded basis during the next regularly scheduled general
election for Federal office.
(e) Absent Uniformed Services Voter Defined.--In this
section, the term ``absent uniformed services voter'' has the
meaning given that term in section 107(1) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
6(1)).
Subtitle G--Matters Relating to Military Spouses and Family Members
SEC. 561. IMPROVED FINANCIAL AND OTHER ASSISTANCE TO MILITARY
SPOUSES FOR JOB TRAINING AND EDUCATION.
(a) Examination of Existing Employment Assistance
Programs.--(1) The Secretary of Defense shall examine
existing Department of Defense and other Federal, State, and
nongovernmental programs with the objective of improving
retention of military personnel by increasing the
employability of military spouses and assisting those spouses
in gaining access to financial and other assistance for job
training and education.
(2) In conducting the examination, the Secretary shall give
priority to facilitating and increasing access of military
spouses to existing Department of Defense, Federal, State,
and nongovernmental sources for the types of financial
assistance set forth in paragraph (3), but shall also
specifically assess whether the Department of Defense should
begin a program for direct financial assistance to military
spouses for some or all of those types of assistance and
whether such a program of direct financial assistance would
enhance retention.
(3) In conducting the examination pursuant to paragraph
(1), the Secretary should focus on financial assistance for
military spouses for one or more of the following purposes:
(A) Career-related education.
(B) Certification and license fees for employment-related
purposes.
(C) Apprenticeships and internships.
(D) Technical training.
(E) Training to improve job skills.
(F) Career counseling.
(G) Skills assessment.
(H) Job-search skills.
(I) Job-related transportation.
(J) Child care.
(K) Any additional employment-related purpose specified by
the Secretary for the purposes of the examination under
paragraph (1).
(4) Not later than March 30, 2002, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the results of the examination
under paragraph (1).
(b) Review of Department of Defense Policies.--(1) The
Secretary of Defense shall review Department of Defense
policies that affect employment and education opportunities
for military spouses in the Department of Defense in order to
further expand those opportunities. The review shall include
the consideration of providing, to the extent authorized by
law, separate spouse preferences for employment by
appropriated and nonappropriated fund operations.
(2) Not later than March 30, 2002, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the results of the review under
paragraph (1).
(c) Spouse Employment Assistance.--Section 1784 of title
10, United States Code, is amended by adding at the end the
following new subsections:
``(d) Space-Available Use of Facilities for Spouse Training
Purposes.--Under regulations prescribed by the Secretary of
Defense, the Secretary of a military department may make
available to a non-Department of Defense entity space in non-
excess facilities controlled by that Secretary for the
purpose of the non-Department of Defense entity providing
employment-related training for military spouses.
``(e) Employment by Other Federal Agencies.--The Secretary
of Defense shall work with the Director of the Office of
Personnel Management and the heads of other Federal
departments and agencies to expand and facilitate the use of
existing Federal programs and resources in support of
military spouse employment.
``(f) Private-Sector Employment.--The Secretary of
Defense--
``(1) shall seek to develop partnerships with firms in the
private sector to enhance employment opportunities for
spouses of members of the armed forces and to provide for
improved job portability for such spouses, especially in the
case of the spouse of a member of the armed forces
accompanying the member to a new geographical area because of
a change of permanent duty station of the member; and
``(2) shall work with the United States Chamber of Commerce
and other appropriate private-sector entities to facilitate
the formation of such partnerships.
``(g) Employment With DOD Contractors.--The Secretary of
Defense shall examine and seek ways for incorporating hiring
preferences for qualified spouses of members of the armed
forces into contracts between the Department of Defense and
private-sector entities.''.
SEC. 562. AUTHORITY TO CONDUCT SURVEYS OF DEPENDENTS AND
SURVIVORS OF MILITARY RETIREES.
(a) Extension of Survey Authority.--Subsection (a) of
section 1782 of title 10, United States Code, is amended to
read as follows:
``(a) Authority.--The Secretary of Defense, in order to
determine the effectiveness of Federal programs relating to
military families and the need for new programs, may conduct
surveys of--
``(1) members of the armed forces who are on active duty,
in an active status, or retired;
``(2) family members of such members; and
``(3) survivors of retired members.''.
(b) Conforming Amendment.--Subsection (c) of such section
is amended by striking ``family members'' and all that
follows through ``armed forces'' the second place it appears
and inserting ``persons covered by subsection (a)''.
SEC. 563. CLARIFICATION OF TREATMENT OF CLASSIFIED
INFORMATION CONCERNING PERSONS IN A MISSING
STATUS.
Section 1506(b)(2) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking the period at the end and inserting ``of
all missing persons from the conflict or period of war to
which the classified information pertains.''; and
(3) by adding at the end the following new subparagraph:
``(B) For purposes of subparagraph (A), information shall
be considered to be made reasonably available if placed in a
separate and distinct file that is available for review by
persons
[[Page H5808]]
specified in subparagraph (A) upon the request of any such
person either to review the separate file or to review the
personnel file of the missing person concerned.''.
SEC. 564. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN OF
PERSONS UNACCOUNTED FOR FROM CONFLICTS AFTER
WORLD WAR II.
(a) In General.--(1) Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2647. Transportation to annual meeting of next-of-kin
of persons unaccounted for from conflicts after World War
II
``The Secretary of Defense may provide transportation for
the next-of-kin of persons who are unaccounted for from the
Korean conflict, the Cold War, Vietnam War era, or the
Persian Gulf War to and from an annual meeting in the United
States. Such transportation shall be provided under such
regulations as the Secretary of Defense may prescribe.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2647. Transportation to annual meeting of next-of-kin of persons
unaccounted for from conflicts after World War II.''.
(b) Effective Date.--Section 2647 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2001, or the date of the enactment of this Act,
whichever is later.
SEC. 565. AMENDMENTS TO CHARTER OF DEFENSE TASK FORCE ON
DOMESTIC VIOLENCE.
(a) Members Appointed From Private Sector.--Subsection
(h)(1) of section 591 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 639;
10 U.S.C. 1562 note) is amended--
(1) by inserting ``who is a member of the Armed Forces or
civilian officer or employee of the United States'' after
``Each member of the task force'';
(2) by striking ``, but shall'' and all that follows and
inserting a period; and
(3) by adding at the end the following new sentence:
``Other members of the task force shall be appointed in
accordance with, and subject to, section 3161 of title 5,
United States Code.''.
(b) Extension of Termination Date.--Subsection (j) of such
section is amended by striking ``three years after the date
of the enactment of this Act'' and inserting ``on April 24,
2003''.
Subtitle H--Military Justice and Legal Matters
SEC. 571. REQUIREMENT THAT COURTS-MARTIAL CONSIST OF NOT LESS
THAN 12 MEMBERS IN CAPITAL CASES.
(a) Classification of General Court-Martial in Capital
Cases.--Section 816(1)(A) of title 10, United States Code
(article 16(1)(A) of the Uniform Code of Military Justice) is
amended by inserting after ``five members'' the following:
``or, in a case in which the accused may be sentenced to a
penalty of death, the number of members determined under
section 825a of this title (article 25a)''.
(b) Number of Members Required.--(1) Chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after section 825 (article
25) the following new section:
``Sec. 825a. Art. 25a. Number of members in capital cases
``In a case in which the accused may be sentenced to a
penalty of death, the number of members shall be not less
than 12, unless 12 members are not reasonably available
because of physical conditions or military exigencies, in
which case the convening authority shall specify a lesser
number of members not less than five, and the court may be
assembled and the trial held with not less than the number of
members so specified. In such a case, the convening authority
shall make a detailed written statement, to be appended to
the record, stating why a greater number of members were not
reasonably available.''.
(2) The table of sections at the beginning of subchapter V
of such chapter is amended by inserting after the item
relating to section 825 (article 25) the following new item:
``825a. 25a. Number of members in capital cases.''.
(c) Absent and Additional Members.--Section 829(b) of such
title (article 29 of the Uniform Code of Military Justice) is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking ``five members'' both places it appears and
inserting ``the applicable minimum number of members''; and
(3) by adding at the end the following new paragraph:
``(2) In this section, the term `applicable minimum number
of members' means five members or, in a case in which the
death penalty may be adjudged, the number of members
determined under section 825a of this title (article 25a).''.
(d) Applicability.--The amendments made by this section
shall apply with respect to offenses committed after the date
of the enactment of this Act.
SEC. 572. RIGHT OF CONVICTED ACCUSED TO REQUEST SENTENCING BY
MILITARY JUDGE.
(a) Sentencing by Judge.--(1) Chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 852 (article 52) the
following new section:
``Sec. 852a. Art. 52a. Right of accused to request sentencing
by military judge rather than by members
``(a) In the case of an accused convicted of an offense by
a court-martial composed of a military judge and members, the
sentence shall be tried before and adjudged by the military
judge rather than the members if, after the findings are
announced and before evidence in the sentencing proceeding is
introduced, the accused, knowing the identity of the military
judge and after consultation with defense counsel, requests
orally on the record or in writing that the sentence be tried
before and adjudged by the military judge rather than the
members.
``(b) This section shall not apply with respect to an
offense for which the death penalty may be adjudged unless
the case has been previously referred to trial as a
noncapital case.''.
(2) The table of sections at the beginning of subchapter
VII of such chapter is amended by inserting after the item
relating to section 852 (article 52) the following new item:
``852a. 52a. Right of accused to request sentencing by military judge
rather than by members.''.
(b) Effective Date.--Section 852a of title 10, United
States Code (article 52a of the Uniform Code of Military
Justice), as added by subsection (a), shall apply with
respect to offenses committed after the date of the enactment
of this Act.
SEC. 573. CODIFICATION OF REQUIREMENT FOR REGULATIONS FOR
DELIVERY OF MILITARY PERSONNEL TO CIVIL
AUTHORITIES WHEN CHARGED WITH CERTAIN OFFENSES
(a) Codification of Existing Provisions.--Section 814 of
title 10, United States Code (article 14 of the Uniform Code
of Military Justice), is amended by adding at the end the
following new subsection:
``(c) The Secretary of Defense shall ensure that the
Secretaries of the military departments prescribe regulations
under subsection (a) and that those regulations are uniform
throughout the armed forces under the jurisdiction of the
Secretary of Defense. Those regulations shall--
``(1) specifically provide for the delivery to the
appropriate civil authority for trial, in any appropriate
case, of a member accused by civil authority of parental
kidnapping or a similar offense, including criminal contempt
arising from any such offense or from child custody matters;
and
``(2) specifically address the special needs for the
exercise of the authority contained in this section (article)
in a case in which a member of the armed forces assigned
overseas is accused of an offense by civil authority.''.
(b) Repeal of Codified Provisions.--Section 721 of the
National Defense Authorization Act, Fiscal Year 1989 (Public
Law 100-456; 10 U.S.C. 814 note), is repealed.
SEC. 574. AUTHORITY TO ACCEPT VOLUNTARY LEGAL SERVICES FOR
MEMBERS OF THE ARMED FORCES.
(a) Authority.--Subsection (a) of section 1588 of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(5) Voluntary legal assistance services under section
1044 of this title.''.
(b) Applicable Federal Laws.--Subsection (d)(1) of such
section is amended by adding at the end the following new
subparagraph:
``(E) Section 1054 of this title (relating to defense of
certain suits arising out of legal malpractice), in the case
of persons providing voluntary legal assistance services
under subsection (a)(5).''.
Subtitle I--Other Matters
SEC. 581. SHIPMENT OF PRIVATELY OWNED VEHICLES WHEN MAKING
PERMANENT CHANGE OF STATION MOVES WITHIN UNITED
STATES.
Section 2634(h)(1) of title 10, United States Code, is
amended by inserting ``or when the Secretary concerned
determines that the transport of a vehicle upon such a
transfer is advantageous and cost-effective to the United
States'' before the period at the end.
SEC. 582. PAYMENT OF VEHICLE STORAGE COSTS IN ADVANCE.
Section 2634(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) Storage costs payable under this subsection may be
paid in advance.''.
SEC. 583. PERMANENT AUTHORITY FOR USE OF MILITARY RECRUITING
FUNDS FOR CERTAIN EXPENSES AT DEPARTMENT OF
DEFENSE RECRUITING FUNCTIONS.
(a) Repeal of Termination Provision.--Section 520c of title
10, United States Code, is amended by striking subsection
(c).
(b) Technical Amendments.--Subsection (a) of such section
is amended--
(1) in paragraph (4), by striking ``recruiting events'' and
inserting ``recruiting functions''; and
(2) in paragraph (5), by striking ``recruiting efforts''
the first place it appears and inserting ``recruiting
functions''.
SEC. 584. CLARIFICATION OF MILITARY RECRUITER ACCESS TO
SECONDARY SCHOOL DIRECTORY INFORMATION ABOUT
STUDENTS.
Section 503(c)(1) of title 10, United States Code, is
amended by striking ``purposes,'' and all that follows and
inserting the following: ``purposes--
``(A) the same access to secondary school students as is
provided generally to post-secondary educational institutions
or to prospective employers of those students; and
``(B) the same access to directory information concerning
those students as is provided to a post-secondary educational
institution upon an indication by a secondary school student
that the student seeks to enroll or intends to enroll at that
institution.''.
SEC. 585. REPEAL OF REQUIREMENT FOR FINAL COMPTROLLER GENERAL
REPORT RELATING TO ARMY END STRENGTH
ALLOCATIONS.
Section 552 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law
[[Page H5809]]
104-106; 110 Stat. 319; 10 U.S.C. 115 note) is repealed.
SEC. 586. POSTHUMOUS ARMY COMMISSION IN THE GRADE OF CAPTAIN
IN THE CHAPLAINS CORPS TO ELLA E. GIBSON FOR
SERVICE AS CHAPLAIN OF THE FIRST WISCONSIN
HEAVY ARTILLERY REGIMENT DURING THE CIVIL WAR.
The President is authorized and requested to posthumously
appoint Ella E. Gibson to the grade of captain in the
Chaplains Corps of the Army, the commission to issue as of
the date of her appointment as chaplain to the First
Wisconsin Heavy Artillery regiment during the Civil War and
to be considered to have been in effect during the time
during which she faithfully performed the services of a
chaplain to that regiment and for which Congress by law
(Private Resolution 31 of the 40th Congress, approved March
3, 1869) previously provided for her to be paid the full pay
and emoluments of a chaplain in the United States Army as if
she had been regularly commissioned and mustered into
service.
SEC. 587. NATIONAL GUARD CHALLENGE PROGRAM.
(a) Termination of Limitation on Federal Expenditures.--
Subsection (b)(2)(A) of section 509 of title 32, United
States Code, is amended by striking ``in a fiscal year'' and
inserting ``in fiscal year 2001 or 2002''.
(b) Matching Funds Requirements.--Subsection (d) of such
section is amended by striking paragraphs (1) through (4) and
inserting the following new paragraphs:
``(1) for fiscal years 2001 and 2002, 60 percent of the
costs of operating the State program during that fiscal year;
and
``(2) for fiscal year 2003 and each subsequent fiscal year,
75 percent of the costs of operating the State program during
that fiscal year.''.
(c) Repeal of Contingent Funding for JROTC.--(1) Section
2033 of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 102
of such title is amended by striking the item relating to
section 2033.
(3) The amendments made by this subsection shall take
effect on October 1, 2002.
SEC. 588. PAYMENT OF FEHBP PREMIUMS FOR CERTAIN RESERVISTS
CALLED TO ACTIVE DUTY IN SUPPORT OF CONTINGENCY
OPERATIONS.
(a) In General.--Subsection (e) of section 8906 of title 5,
United States Code, is amended by adding at the end the
following new paragraph:
``(3)(A) An employing agency may pay both the employee and
Government contributions, and any additional administrative
expenses otherwise chargeable to the employee, with respect
to health care coverage for an employee described in
subparagraph (B) and the family of such employee.
``(B) An employee referred to in subparagraph (A) is an
employee who--
``(i) is enrolled in a health benefits plan under this
chapter;
``(ii) is a member of a reserve component of the armed
forces;
``(iii) is called or ordered to active duty in support of a
contingency operation (as defined in section 101(a)(13) of
title 10);
``(iv) is placed on leave without pay or separated from
service to perform active duty; and
``(v) serves on active duty for a period of more than 30
consecutive days.
``(C) Notwithstanding the one-year limitation on coverage
described in paragraph (1)(A), payment may be made under this
paragraph for a period not to exceed 18 months.''.
(b) Conforming Amendment.--The matter preceding paragraph
(1) in subsection (f) of such section is amended to read as
follows:
``(f) The Government contribution, and any additional
payments under subsection (e)(3)(A), for health benefits for
an employee shall be paid--''.
(c) Applicability.--The amendments made by this section
apply with respect to employees called to active duty on or
after December 8, 1995, and an agency may make retroactive
payments to such employees for premiums paid on or after such
date.
SEC. 589. 18-MONTH ENLISTMENT PILOT PROGRAM.
(a) In General.--(1) Chapter 333 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3264. 18-month enlistment pilot program
``(a) During the pilot program period, the Secretary of the
Army shall carry out a pilot program with the objective of
increasing participation of prior service persons in the
Selected Reserve and providing assistance in building the
pool of participants in the Individual Ready Reserve.
``(b) Under the program, the Secretary may, notwithstanding
section 505(c) of this title, accept persons for original
enlistment in the Army for a term of enlistment consisting of
18 months service on active duty, to be followed by three
years of service in the Selected Reserve and then service in
the Individual Ready Reserve to complete the military service
obligation.
``(c) No more than 10,000 persons may be accepted for
enlistment in the Army through the program under this
section.
``(d) A person enlisting in the Army through the program
under this section is eligible for an enlistment bonus under
section 309 of title 37, notwithstanding the enlistment time
period specified in subsection (a) of that section.
``(e) For purposes of the program under this section, the
pilot program period is the period beginning on October 1,
2003, and ending on December 31, 2007.
``(f) Not later than December 31, 2007, and December 31,
2012, the Secretary of the Army shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
program under this section. In each such report, the
Secretary shall set forth the views of the Secretary on the
success of the program in meeting the objectives stated in
subsection (a) and whether the program should be continued
and, if so, whether it should be modified or expanded.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``3264. 18-month enlistment pilot program.''.
(b) Implementation Report.--The Secretary of the Army shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the Secretary's plan for
implementation of section 3264 of title 10, United States
Code, as added by subsection (a). Such report shall be
submitted not later than March 1, 2002.
SEC. 590. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS
DEPLOYMENTS.
(a) Funding Source for Allowance.--Section 436(a) of title
37, United States Code, is amended by adding at the end the
following new sentence: ``The Secretary shall pay the
allowance from appropriations available for operation and
maintenance for the armed force in which the member
serves.''.
(b) Expanded Report Regarding Management of Individual
Member Deployments.--Section 574(d) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-138) is
amended in the second sentence by striking paragraphs (1) and
(2) and inserting the following new paragraphs:
``(1) a discussion of the experience in tracking and
recording the deployments of members of the Armed Forces and
the payment of the per diem allowance for lengthy or numerous
deployments in accordance with section 436 of title 37,
United States Code;
``(2) specific comments regarding the effect of section 991
of title 10, United States Code, and section 436 of title 37,
United States Code, on the readiness of the Navy and Marine
Corps given the deployment intensive mission of these
services; and
``(3) any recommendations for revision of section 991 of
title 10, United States Code, or section 436 of title 37,
United States Code, that the Secretary considers
appropriate.''.
SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE IN GROUND
COMBAT EXCLUSION POLICY.
Section 542(b) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 113 note)
is amended--
(1) in paragraph (1)--
(A) by striking ``not less than 90 days''; and
(B) by adding at the end the following new sentence: ``Such
a change may then be implemented only after the end of a
period of 60 days of continuous session of Congress
(excluding any day on which either House of Congress is not
in session) following the date on which the report is
received.''; and
(2) by adding at the end the following new paragraph:
``(5) For purposes of this subsection, the continuity of a
session of Congress is broken only by an adjournment of the
Congress sine die.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2002 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2002,
the rates of monthly basic pay for members of the uniformed
services within each pay grade are as follows:
COMMISSIONED OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,180.20 7,415.40 7,571.10 7,614.90 7,809.30
O-7............. 5,966.40 6,371.70 6,371.70 6,418.20 6,657.90
O-6............. 4,422.00 4,857.90 5,176.80 5,176.80 5,196.60
O-5............. 3,537.00 4,152.60 4,440.30 4,494.30 4,673.10
O-4............. 3,023.70 3,681.90 3,927.60 3,982.50 4,210.50
O-3 \3\......... 2,796.60 3,170.40 3,421.80 3,698.70 3,875.70
[[Page H5810]]
O-2 \3\......... 2,416.20 2,751.90 3,169.50 3,276.30 3,344.10
O-1 \3\......... 2,097.60 2,183.10 2,638.50 2,638.50 2,638.50
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 8,135.10 8,210.70 8,519.70 8,608.50 8,874.30
O-7............. 6,840.30 7,051.20 7,261.80 7,472.70 8,135.10
O-6............. 5,418.90 5,448.60 5,448.60 5,628.60 6,305.70
O-5............. 4,673.10 4,813.50 5,073.30 5,413.50 5,755.80
O-4............. 4,395.90 4,696.20 4,930.20 5,092.50 5,255.70
O-3 \3\......... 4,070.10 4,232.40 4,441.20 4,549.50 4,549.50
O-2 \3\......... 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10
O-1 \3\......... 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10 \2\........ $0.00 11,601.90 11,659.20 11,901.30 12,324.00
O-9............. 0.00 10,147.50 10,293.60 10,504.80 10,873.80
O-8............. 9,259.50 9,614.70 9,852.00 9,852.00 9,852.00
O-7............. 8,694.90 8,694.90 8,694.90 8,694.90 8,738.70
O-6............. 6,627.00 6,948.30 7,131.00 7,316.10 7,675.20
O-5............. 5,919.00 6,079.80 6,262.80 6,262.80 6,262.80
O-4............. 5,310.60 5,310.60 5,310.60 5,310.60 5,310.60
O-3 \3\......... 4,549.50 4,549.50 4,549.50 4,549.50 4,549.50
O-2 \3\......... 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10
O-1 \3\......... 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for commissioned officers in pay grades 0-7
through O-10 may not exceed the rate of pay for level III of the
Executive Schedule and the actual rate of basic pay for all other
officers may not exceed the rate of pay for level V of the Executive
Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, the rate of
basic pay for this grade is $13,598.10, regardless of cumulative years
of service computed under section 205 of title 37, United States Code.
\3\ This table does not apply to commissioned officers in pay grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 3,698.70 3,875.70
O-2E............ 0.00 0.00 0.00 3,276.30 3,344.10
O-1E............ 0.00 0.00 0.00 2,638.50 2,818.20
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ 4,070.10 4,232.40 4,441.20 4,617.00 4,717.50
O-2E............ 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40
O-1E............ 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ 4,855.20 4,855.20 4,855.20 4,855.20 4,855.20
O-2E............ 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40
O-1E............ 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30
------------------------------------------------------------------------
WARRANT OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4............. 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10
W-3............. 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40
W-2............. 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40
W-1............. 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
W-5............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4............. 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40
W-3............. 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90
W-2............. 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00
W-1............. 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
W-5............. $0.00 4,965.60 5,136.00 5,307.00 5,478.60
W-4............. 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30
W-3............. 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90
W-2............. 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30
W-1............. 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for warrant officers may not exceed the rate
of pay for level V of the Executive Schedule.
ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9 \2\......... $0.00 $0.00 $0.00 $0.00 $0.00
[[Page H5811]]
E-8............. 0.00 0.00 0.00 0.00 0.00
E-7............. 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40
E-6............. 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40
E-5............. 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80
E-4............. 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30
E-3............. 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50
E-2............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1............. \3\ 1,105.50 1,105.50 1,105.50 1,105.50
1,105.50
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
E-9 \2\......... $0.00 $3,423.90 3,501.30 3,599.40 3,714.60
E-8............. 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30
E-7............. 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60
E-6............. 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10
E-5............. 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30
E-4............. 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
E-3............. 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
E-2............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1............. 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
E-9 \2\......... $3,830.40 3,944.10 4,098.30 4,251.30 4,467.00
E-8............. 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80
E-7............. 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80
E-6............. 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80
E-5............. 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30
E-4............. 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
E-3............. 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50
E-2............. 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30
E-1............. 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50
------------------------------------------------------------------------
\1\ Notwithstanding the basic pay rates specified in this table, the
actual rate of basic pay for enlisted members may not exceed the rate
of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major
of the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $5,382.90, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\ In the case of members in pay grade E-1 who have served less than 4
months on active duty, the rate of basic pay is $1,022.70.
SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED
OFFICERS WITH PRIOR SERVICE AS AN ENLISTED
MEMBER OR WARRANT OFFICER.
Section 203(d) of title 37, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``who is credited'' and all that follows
through ``and enlisted member'' and inserting ``is described
in paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) Paragraph (1) applies with respect to a commissioned
officer in pay grade O-1, O-2, or O-3 who--
``(A) is credited with a total of over four years' active
service as warrant officer or as a warrant officer and
enlisted member; or
``(B) earned a total of more than 1,460 points credited
under section 12732(a)(2) of title 10 while serving as a
warrant officer or enlisted member.''.
SEC. 603. SUBSISTENCE ALLOWANCES.
(a) Basic Allowance for Subsistence.--Section 402 of title
37, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) For purposes of implementing paragraph (2), the
monthly rate of basic allowance for subsistence that was in
effect for an enlisted member for calendar year 2001 shall be
deemed to be $233.''; and
(2) by striking subsection (d) and inserting the following
new subsection:
``(d) Special Rule for Enlisted Members Who Mess
Separately.--The Secretary of Defense may prescribe a basic
allowance for subsistence for enlisted members at a rate
higher than the rate provided for in subsection (b) when
messing facilities of the United States are not available for
the members.''
(b) Termination of BAS Transitional Authority.--Effective
as of October 1, 2001, section 603(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-145) is
amended by striking ``October 1, 2001'' and inserting
``January 1, 2002''.
(c) Family Subsistence Supplemental Allowance for Low-
Income Members of the Armed Forces.--Section 402a(b)(1) of
title 37, United States Code, is amended by inserting ``with
dependents'' after ``a member of the armed forces''.
SEC. 604. ELIGIBILITY FOR BASIC ALLOWANCE FOR HOUSING WHILE
BETWEEN PERMANENT DUTY STATIONS.
(a) Repeal of Pay Grade Limitation.--Section 403(i) of
title 37, United States Code, is amended by striking ``who is
in a pay grade E-4 (4 or more years of service) or above''.
(b) Effective Date; Application.--The amendment made by
this section shall take effect on January 1, 2003, and apply
to members of the uniformed services in a travel or leave
status between permanent duty stations on or after that date.
SEC. 605. UNIFORM ALLOWANCE FOR OFFICERS.
(a) Relation to Initial Uniform Allowance.--Section
416(b)(1) of title 37, United States Code, is amended by
striking ``$200'' and inserting ``$400''.
(b) Effective Date.--The amendment made by this section
shall take effect as of October 1, 2000.
SEC. 606. FAMILY SEPARATION ALLOWANCE FOR CERTAIN MEMBERS
ELECTING TO SERVE UNACCOMPANIED TOUR OF DUTY.
(a) Availability of Allowance.--Section 427(c) of title 37,
United States Code, is amended--
(1) by striking ``A member'' in the first sentence and
inserting ``(1) Except as provided in paragraph (2) or (3), a
member'';
(2) by redesignating the second sentence as paragraph (3);
and
(3) by inserting after the first sentence the following new
paragraph:
``(2) A member who elects to serve an unaccompanied tour of
duty because the movement of a dependent of the member to the
permanent station is denied for certified medical reasons is
entitled to an allowance under subsection (a)(1)(A).''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2002. Paragraph
(2) of section 427(c) of title 37, United States Code, as
added by subsection (a), shall apply with respect to pay
periods beginning on or after that date for a member of the
uniformed services covered by such paragraph regardless of
the date on which the member first made the election to serve
an unaccompanied tour of duty.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS 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,
2001'' and inserting ``December 31, 2002''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f )
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(f ) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(g) Prior Service Enlistment Bonus.--Section 308i(f ) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of
[[Page H5812]]
title 10, United States Code, is amended by striking
``January 1, 2002'' and inserting ``January 1, 2003''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS 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, 2001'' and inserting ``December 31,
2002''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2001'' and inserting ``December 31,
2002''.
SEC. 613. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
(c) Enlistment Bonus for Active Members.--Section 309(e) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(d) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2001''
and inserting ``December 31, 2002''.
(g) Retention Bonus for Members With Critical Military
Skills.--Section 323(i) of such title is amended by striking
``December 31, 2001'' and inserting ``December 31, 2002''.
SEC. 614. CONFORMING ACCESSION BONUS FOR DENTAL OFFICERS
AUTHORITY WITH AUTHORITIES FOR OTHER SPECIAL
PAY AND BONUSES.
Section 302h(a)(1) of title 37, United States Code, is
amended by striking ``the date of the enactment of this
section, and ending on September 30, 2002'' and inserting
``September 23, 1996, and ending on December 31, 2002''.
SEC. 615. ADDITIONAL TYPE OF DUTY RESULTING IN ELIGIBILITY
FOR HAZARDOUS DUTY INCENTIVE PAY.
(a) Performance of Maritime Board and Search Operations.--
Section 301(a) of title 37, United States Code, is amended--
(1) in paragraph (10), by striking ``or'' at the end;
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following new
paragraph:
``(11) involving regular participation as a member of a
team conducting visit, board, search, and seizure operations
aboard vessels in support of maritime interdiction
operations; or''.
(b) Monthly Amount.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking ``(10)'' and inserting
``(11)''; and
(2) in paragraph (2)(A), by striking ``(11)'' and inserting
``(12)''.
(c) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2002, and apply
to duty described in the amendment made by subsection (a)(2)
on or after that date.
SEC. 616. EQUAL TREATMENT OF RESERVISTS PERFORMING INACTIVE-
DUTY TRAINING FOR RECEIPT OF AVIATION CAREER
INCENTIVE PAY.
(a) Incentive Pay Equity for Reservists.--Subsection (d) of
section 301a of title 37, United States Code, is amended to
read as follows:
``(d) Members Performing Inactive-Duty Training.--Under
regulations prescribed by the President and to the extent
provided for by appropriations, in the case of a member of a
reserve component of a uniformed service, or of the National
Guard, who is entitled to compensation under section 206 of
this title, and who performs, under orders, duty described in
subsection (a), the member is also entitled to monthly
incentive pay under subsection (b) for the performance of
that duty in the same manner as a member with corresponding
years of aviation service who is entitled to basic pay. Such
member is entitled to the incentive pay for as long as the
member remains qualified for it, as provided in subsection
(a). This subsection does not apply to a member who is
entitled to basic pay under section 204 of this title.''.
(b) Effective Date; Application.--The amendment made by
this section shall take effect on January 1, 2002, and apply
to duty described in the amendment made by subsection (a)(2)
on or after that date.
SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUBMARINE
DUTY INCENTIVE PAY RATES.
(a) Authority of Secretary of the Navy; Maximum Rate.--
Section 301c of title 37, United States Code, is amended by
striking subsection (b) and inserting the following new
subsection:
``(b) Monthly Rates.--(1) Subject to paragraph (2), a
member who meets the requirements prescribed in subsection
(a) is entitled to monthly submarine duty incentive pay in an
amount prescribed by the Secretary of the Navy.
``(2) The monthly amount of submarine duty incentive pay
may not exceed $1,000.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking ``set forth in'' each
place it appears and inserting ``prescribed pursuant to'';
and
(2) in subsection (d), by striking ``authorized by'' and
inserting ``prescribed pursuant to''.
(c) Effective Date; Transition.--The amendments made by
this section shall take effect on January 1, 2002. The tables
set forth in subsection (b) of section 301c of title 37,
United States Code, as in effect on December 31, 2001, shall
continue to apply until the Secretary of the Navy prescribes
new submarine duty incentive pay rates as authorized by the
amendment made by subsection (a).
SEC. 618. IMPOSITION OF CRITICAL WARTIME SKILL REQUIREMENT
FOR ELIGIBILITY FOR INDIVIDUAL READY RESERVE
BONUS.
Section 308h(a)(1) of title 37, United States Code, is
amended--
(1) by striking ``and who'' and inserting ``, who is
qualified in a skill or speciality designated by the
Secretary concerned as critically short to meet wartime
requirements, and who''; and
(2) by striking ``a combat or combat support skill of''.
SEC. 619. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR CAREER
STATUS BONUS.
(a) Member Election.--Section 322(d) of title 37, United
States Code, is amended--
(1) in paragraph (1), by striking ``paid in a single lump
sum of'' and inserting ``equal to'';
(2) by redesignating paragraph (2) as paragraph (4), and in
such paragraph, by striking ``The bonus'' and inserting ``The
lump sum payment of the bonus, and the first installment
payment in the case of members who elect to receive the bonus
in installments,''; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) A member electing to receive the bonus under this
section shall elect one of the following payment options:
``(A) A single lump sum of $30,000.
``(B) Two installments of $15,000 each.
``(C) Three installments of $10,000 each.
``(D) Four installments of $7,500 each.
``(E) Five installments of $6,000 each.
``(3) If a member elects installment payments under
paragraph (2), the second installment (and subsequent
installments, as applicable) shall be paid on the earlier of
the following dates:
``(A) The annual anniversary date of the payment of the
first installment.
``(B) January 15 of each succeeding calendar year.''.
(c) Effective Date; Application.--The amendments made by
this section shall take effect on the date of the enactment
of this Act. The Secretary concerned (as defined in section
101(5) of title 37, United States Code) shall extend to each
member of the uniformed services who has executed the written
agreement required by subsection (a)(2) of section 322 of
such title before that date, but who has not received the
lump sum payment by that date, an opportunity to make the
election authorized by subsection (d) of such section, as
amended by subsection (a) of this section.
SEC. 620. ACCESSION BONUS FOR NEW OFFICERS.
(a) Bonus Authorized.--Chapter 5 of title 37, United States
Code, is amended by adding at the end the following new
section:
``Sec. 324. Special pay: accession bonus for new officers
``(a) Accession Bonus Authorized.--Under regulations
prescribed by the Secretary concerned, a person who executes
a written agreement to accept a commission as an officer of
the armed forces and serve on active duty for the period
specified in the agreement may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession
bonus in an amount determined by the Secretary concerned.
``(b) Limitation on Amount of Bonus.--The amount of an
accession bonus under subsection (a) may not exceed $100,000.
``(c) Payment Method.--Upon acceptance of a written
agreement under subsection (a) by the Secretary concerned,
the total amount of the accession bonus payable under the
agreement becomes fixed. The agreement shall specify whether
the accession bonus will be paid by the Secretary in a lump
sum or installments.
``(d) Relation to Other Accession Bonus Authority.--An
individual may not receive a accession bonus under this
section and section 302d, 302h, 302j, or 312b of this title
for the same period of service.
``(e) Repayment.--(1) If an individual who has entered into
an agreement under subsection (a) and has received all or
part of the accession bonus under the agreement fails to
accept a commission as an officer or to commence or complete
the total period of active duty service specified in the
agreement, the Secretary concerned may require the individual
to repay the United States, on a pro rata basis and to the
extent that the Secretary determines conditions and
circumstances warrant, any or all of the amount paid to the
individual under the agreement.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of a
written agreement entered into under subsection (a) does not
discharge the individual signing the agreement from a debt
arising under such agreement or under paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``324. Special pay: accession bonus for new officers.''.
[[Page H5813]]
Subtitle C--Travel and Transportation Allowances
SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND TRANSPORTATION
ALLOWANCE FOR TRAVEL PERFORMED UPON A CHANGE OF
PERMANENT STATION AND CERTAIN OTHER TRAVEL.
(a) Establishment of Rate.--Section 404(d) of title 37,
United States Code, is amended by adding at the end the
following new paragraph:
``(5) The per diem rates established under paragraph (2)(A)
for travel performed in connection with a change of permanent
station or for travel described in paragraph (2) or (3) of
subsection (a) shall be equal to the standard per diem rates
established in the Federal travel regulation for travel
within the continental United States of civilian employees
and their dependents, unless the Secretaries concerned
determines that a higher rate for members is more
appropriate.''.
(b) Effective Date; Application.--The amendment made by
this section shall take effect on January 1, 2003, and apply
to travel covered by such amendment that is performed on or
after that date by members of the uniformed services and
their dependents.
SEC. 632. PAYMENT OR REIMBURSEMENT OF TEMPORARY SUBSISTENCE
EXPENSES.
(a) Inclusion of Officers.--Subsection (a)(2)(C) of section
404a of title 37, United States Code, is amended by striking
``an enlisted member'' and inserting ``a member''.
(b) Increase in Maximum Daily Authorized Rate.--Subsection
(e) of such section is amended by striking ``$110'' and
inserting ``$180''.
(c) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2002, and apply
with respect to an order in connection with a change of
permanent station issued on or after that date.
SEC. 633. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF
BAGGAGE AND HOUSEHOLD EFFECTS FOR JUNIOR
ENLISTED MEMBERS.
(a) Increased Weight Allowances.--The table in section
406(b)(1)(C) of title 37, United States Code, is amended--
(1) by striking the two footnotes; and
(2) by striking the items relating to pay grade E-1 through
E-4 and inserting the following new items:
``E-4............................................. 7,000 8,000
``E-3............................................. 5,000 8,000
``E-2............................................. 5,000 8,000
``E-1............................................. 5,000 8,000''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2003, and apply
with respect to an order in connection with a change of
temporary or permanent station issued on or after that date.
SEC. 634. REIMBURSEMENT OF MEMBERS FOR MANDATORY PET
QUARANTINE FEES FOR HOUSEHOLD PETS.
Section 406(a)(1) of title 37, United States Code, is
amended in the last sentence by striking ``$275'' and
inserting ``$675''.
SEC. 635. AVAILABILITY OF DISLOCATION ALLOWANCE FOR MARRIED
MEMBER, WHOSE SPOUSE IS A MEMBER, ASSIGNED TO
MILITARY FAMILY HOUSING.
(a) Allowance Available.--Section 407(a)(2) of title 37,
United States Code, is amended by adding at the end the
following new subparagraph:
``(F) A member married to another member, both of whom are
without other dependents, who actually moves to a new
permanent duty station where the member is assigned to family
housing provided by the United States, except that only one
dislocation allowance may be paid to the married couple with
respect to the move.''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2003, and apply
with respect to an order to move for a member of a uniformed
service issued on or after that date.
SEC. 636. ELIMINATION OF PROHIBITION ON RECEIPT OF
DISLOCATION ALLOWANCE BY MEMBERS ORDERED TO
FIRST DUTY STATION.
(a) Allowance Available.--Section 407(e) of title 37,
United States Code, is amended--
(1) by striking ``First or Last Duty'' and inserting
``Effect of Order From Last Duty Station''; and
(2) by striking ``from the member's home to the member's
first duty station or''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2003, and apply
with respect to an order to move for a member of a uniformed
service issued on or after that date.
SEC. 637. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED FOR
HOUSING MOVES ORDERED FOR GOVERNMENT
CONVENIENCE.
(a) Authorization of Partial Dislocation Allowance.--
Section 407 of title 37, United States Code is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Partial Dislocation Allowance.--(1) Under regulations
prescribed by the Secretary concerned, a member ordered to
occupy or vacate family housing provided by the United States
to permit the privatization or renovation of housing or for
any other reason (other than pursuant to a permanent change
of station) may be paid a partial dislocation allowance of
$500.
``(2) Effective on the same date that the monthly rates of
basic pay for all members are increased under section 1009 of
this title or another provision of law, the Secretary of
Defense shall adjust the rate of the partial dislocation
allowance authorized by this subsection by the percentage
equal to the average percentage increase in the rates of
basic pay.
``(3) Subsections (c) and (d) do not apply to the partial
dislocation allowance authorized by this subsection.''.
(b) Effective Date; Application.--The amendments made by
this section shall take effect on January 1, 2002, and apply
with respect to an order to move for a member of a uniformed
service issued on or after that date.
SEC. 638. ALLOWANCES FOR TRAVEL PERFORMED IN CONNECTION WITH
MEMBERS TAKING AUTHORIZED LEAVE BETWEEN
CONSECUTIVE OVERSEAS TOURS.
Section 411b(a)(1) of title 37, United States Code, is
amended by striking ``, or his designee, or to a place no
farther distant than his home of record''.
SEC. 639. FUNDED STUDENT TRAVEL AS PART OF SCHOOL-SPONSORED
EXCHANGE PROGRAMS.
(a) Recognition of Temporary Exchange Programs.--Section
430 of title 37, United States Code, is amended--
(1) in subsection (a)(3), by inserting before the comma at
the end the following: ``or is attending a school outside the
continental United States, if the dependent is attending the
school outside the continental United States for less than
one year under a program approved by the school in the
continental United States at which the dependent is
enrolled''; and
(2) in subsection (b)(1), by striking ``in the continental
United States for the purpose of obtaining a formal
education'' in the first sentence and inserting ``described
in subsection (a)(3)''.
(b) Limitation on Amount of Allowance.--Subsection (b) of
such section is amended by adding at the end the following
new paragraph:
``(3) The transportation allowance under paragraph (1) for
a dependent child who is attending a school outside the
continental United States for less than one year under a
program approved by the school in the continental United
States at which the dependent is enrolled shall not exceed
the allowance the member would be paid for a trip between the
school in the continental United States and the member's duty
station outside the continental United States and return.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2002.
Subtitle D--Retirement and Survivor Benefit Matters
SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF
MILITARY RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION.
(a) Restoration of Retired Pay Benefits.--Chapter 71 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 1414. Members eligible for retired pay who have
service-connected disabilities: payment of retired pay and
veterans' disability compensation; contingent authority
``(a) Payment of Both Retired Pay and Compensation.--
Subject to subsection (b), a member or former member of the
uniformed services who is entitled to retired pay (other than
as specified in subsection (c)) and who is also entitled to
veterans' disability compensation is entitled to be paid both
without regard to sections 5304 and 5305 of title 38, subject
to the enactment of qualifying offsetting legislation as
specified in subsection (f).
``(b) Special Rule for Chapter 61 Career Retirees.--The
retired pay of a member retired under chapter 61 of this
title with 20 years or more of service otherwise creditable
under section 1405 of this title at the time of the member's
retirement is subject to reduction under sections 5304 and
5305 of title 38, but only to the extent that the amount of
the member's retired pay under chapter 61 of this title
exceeds the amount of retired pay to which the member would
have been entitled under any other provision of law based
upon the member's service in the uniformed services if the
member had not been retired under chapter 61 of this title.
``(c) Exception.--Subsection (a) does not apply to a member
retired under chapter 61 of this title with less than 20
years of service otherwise creditable under section 1405 of
this title at the time of the member's retirement.
``(d) Definitions.--In this section:
``(1) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval pension.
``(2) The term `veterans' disability compensation' has the
meaning given the term `compensation' in section 101(12) of
title 38.
``(e) Effective Date.--If qualifying offsetting legislation
(as defined in subsection (f)) is enacted, the provisions of
subsection (a) shall take effect on--
``(1) the first day of the first month beginning after the
date of the enactment of such qualifying offsetting
legislation; or
``(2) the first day of the fiscal year that begins in the
calendar year in which such legislation is enacted, if that
date is later than the date specified in paragraph (1).
``(f) Effectiveness Contingent on Enactment of Offsetting
Legislation.--(1) The provisions of subsection (a) shall be
effective only if--
``(A) the President, in the budget for any fiscal year,
proposes the enactment of legislation that, if enacted, would
be qualifying offsetting legislation; and
``(B) after that budget is submitted to Congress, there is
enacted qualifying offsetting legislation.
``(2) For purposes of this subsection:
``(A) The term `qualifying offsetting legislation' means
legislation (other than an appropriations Act) that includes
provisions that--
``(i) offset fully the increased outlays to be made by
reason of the provisions of subsection
[[Page H5814]]
(a) for each of the first 10 fiscal years beginning after the
date of the enactment of such legislation;
``(ii) expressly state that they are enacted for the
purpose of the offset described in clause (i); and
``(iii) are included in full on the PayGo scorecard.
``(B) The term `PayGo scorecard' means the estimates that
are made by the Director of the Congressional Budget Office
and the Director of the Office of Management and Budget under
section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 902(d)) with respect to the ten
fiscal years following the date of the enactment of the
legislation that is qualifying offsetting legislation for
purposes of this section.''.
(b) Conforming Termination of Special Compensation
Program.--Section 1413(a) of such title is amended by adding
at the end the following new sentence: ``If the provisions of
subsection (a) of section 1414 of this title become effective
in accordance with subsection (f) of that section, payments
under this section shall be terminated effective as of the
month beginning on the effective date specified in subsection
(e) of that section.''.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1414. Members eligible for retired pay who have service-connected
disabilities: payment of retired pay and veterans'
disability compensation; contingent authority.''.
(d) Prohibition of Retroactive Benefits.--If the provisions
of subsection (a) of section 1414 of title 10, United States
Code, becomes effective in accordance with subsection (f) of
that section, no benefit may be paid to any person by reason
of those provisions for any period before the effective date
specified in subsection (e) of that section.
Subtitle E--Other Matters
SEC. 651. FUNERAL HONORS DUTY ALLOWANCE FOR RETIRED MEMBERS.
(a) Allowance Authorized.--Subsection (a) of section 435 of
title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned may also authorize payment of
an allowance under this section to a retired member of the
armed forces who performs at least two hours of duty
preparing for or performing honors at the funeral of a
veteran.''.
(b) Relation to Other Compensation.--Such section is
further amended by adding at the end the following new
subsection:
``(c) Concurrent Payment.--Notwithstanding any other
provision of law, the allowance paid to a retired member of
the armed forces under this section shall be in addition to
any other compensation to which the retired member may be
entitled under this title or titles 10 or 38.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
SEC. 701. IMPLEMENTING COST-EFFECTIVE PAYMENT RATES UNDER THE
TRICARE PROGRAM.
Not later than January 1, 2002, the Secretary of Defense
shall, with respect to categories of health care providers or
services for which the Secretary has not already done so and
to the extent that the Secretary determines is practicable--
(1) implement the payment rates used under medicare, or
similar rates based on medicare payment methods, to pay for
health care services provided by institutional and
noninstitutional providers under the TRICARE program; and
(2) as a condition of participation in the TRICARE program,
prohibit balance billing of covered beneficiaries by
institutional providers and limit balance billing by
noninstitutional providers (subject to any exceptions the
Secretary determines appropriate) consistent with the
limiting charge percentage under medicare.
SEC. 702. WAIVER OF NONAVAILABILITY STATEMENT OR
PREAUTHORIZATION REQUIREMENT.
(a) In General.--Section 721 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted in Public Law 106-398; 114 Stat. 1654A-184) is
amended--
(1) in the matter preceding paragraph (1) in subsection
(a), by striking ``new'';
(2) by striking subsection (c) and inserting the following:
``(c) Exceptions.--(1) Subject to paragraph (2), the
Secretary may provide that subsection (a) shall not apply for
a period of up to one year if--
``(A) the Secretary--
``(i) demonstrates significant costs would be avoided by
performing specific procedures at the affected military
medical treatment facility or facilities;
``(ii) determines that a specific procedure must be
provided at the affected military medical treatment facility
or facilities to ensure the proficiency levels of the
practitioners at the facility or facilities; or
``(iii) determines that the lack of nonavailability
statement data would significantly interfere with TRICARE
contract administration;
``(B) the Secretary provides notification of the
Secretary's intent to make an exception under this subsection
to covered beneficiaries who receive care at the military
medical treatment facility or facilities that will be
affected by the decision to make an exception under this
subsection;
``(C) the Secretary provides notification to the Committees
on Armed Services of the House of Representatives and the
Senate of the Secretary's intent to make an exception under
this subsection, the reason for making an exception, and the
date that a nonavailability statement will be required; and
``(D) 60 days have elapsed since the date of the
notification described in subparagraph (C).
``(2)(A) Except as provided in subparagraph (B), the
Secretary may make an exception under this subsection with
respect to--
``(i) one or more services performed at a military medical
treatment facility or facilities; or
``(ii) one or more services performed in a TRICARE region.
``(B) With respect to maternity care, the Secretary may
make an exception under this subsection with respect to a
military medical treatment facility.
``(3) In the case of health care provided in conjunction
with a graduate medical education program, the period of
nonapplicability described in paragraph (1) shall be, instead
of one year, the period for which a residency review
committee has approved the program.''; and
(3) in subsection (d), by striking ``October 1, 2001'' and
inserting ``two years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2002''.
(b) Report.--Not later than March 1, 2002, the Secretary of
Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the
Secretary's plans for implementing such section.
SEC. 703. IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE
PROGRAM.
(a) Expansion of TRICARE Program.--Section 1072(7) of title
10, United States Code, is amended by striking ``the
competitive selection of contractors to financially
underwrite''.
(b) Reduction of Contract Start-Up Time.--Section 1095c(b)
of such title is amended--
(1) in paragraph (1)--
(A) by striking ``The'' and inserting ``Except as provided
in paragraph (3), the''; and
(B) by striking ``contract.'' and all that follows through
``as soon as practicable after the award of the''; and
(2) by adding at the end the following new paragraph:
``(3) The Secretary may reduce the nine-month start-up
period required under paragraph (1) if--
``(A) the Secretary--
``(i) determines that a shorter period is sufficient to
ensure effective implementation of all contract requirements;
and
``(ii) submits notification to the Committees on Armed
Services of the House of Representatives and the Senate of
the Secretary's intent to reduce the nine-month start-up
period; and
``(B) 60 days have elapsed since the date of such
notification.''.
SEC. 704. SUB-ACUTE AND LONG-TERM CARE PROGRAM REFORM.
(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074i the
following new section:
``Sec. 1074j. Sub-acute care program
``(a) Establishment.--The Secretary of Defense shall
establish an effective, efficient, and integrated sub-acute
care benefits program under this chapter (hereinafter
referred to in this section as the `program'). Except as
otherwise provided in this section, the types of health care
authorized under the program shall be the same as those
provided under section 1079 of this title. The Secretary,
after consultation with the other administering Secretaries,
shall promulgate regulations to carry out this section.
``(b) Benefits.--(1) The program shall include a uniform
skilled nursing facility benefit that shall be provided in
the manner and under the conditions described in section
1861(h) and (i) of the Social Security Act (42 U.S.C.
1395x(h) and (i)), except that the limitation on the number
of days of coverage under section 1812(a) and (b) of such Act
(42 U.S.C. 1395d(a) and (b)) shall not be applicable under
the program. Skilled nursing facility care for each spell of
illness shall continue to be provided for as long as
medically necessary and appropriate.
``(2) In this subsection:
``(A) The term `skilled nursing facility' has the meaning
given such term in section 1819(a) of the Social Security Act
(42 U.S.C. 1395i-3(a)).
``(B) The term `spell of illness' has the meaning given
such term in section 1861(a) of such Act (42 U.S.C.
1395x(a)).
``(3) The program shall include a comprehensive,
intermittent home health care benefit that shall be provided
in the manner and under the conditions described in section
1861(m) of the Social Security Act (42 U.S.C. 1395x(m)).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1074i the following new item:
``1074j. Sub-acute care program.''.
(b) Extended Benefits for Certain Dependents.--Section 1079
of such title is amended by striking subsections (d), (e),
and (f) and inserting the following new subsections:
``(d)(1) The Secretary of Defense shall establish a program
to provide extended benefits for eligible dependents, which
may include the provision of comprehensive health care
services, including case management services, to assist in
the reduction of the disabling effects of a qualifying
condition of an eligible dependent. Registration shall be
required to receive the extended benefits.
``(2) The Secretary of Defense, after consultation with the
other administering Secretaries, shall promulgate regulations
to carry out this subsection.
``(3) In this subsection:
``(A) The term `eligible dependent' means a dependent of a
member of the uniformed services on active duty for a period
of more than 30 days, as described in subparagraph (A), (D),
or (I) of section 1072(2) of this title, who has a qualifying
condition.
[[Page H5815]]
``(B) The term `qualifying condition' means the condition
of a dependent who is moderately or severely mentally
retarded, has a serious physical disability, or has an
extraordinary physical or psychological condition.
``(e) Extended benefits for eligible dependents under
subsection (d) may include comprehensive health care services
with respect to the qualifying condition of such a dependent,
and include, to the extent such benefits are not provided
under provisions of this chapter other than under this
section, the following:
``(1) Diagnosis.
``(2) Inpatient, outpatient, and comprehensive home health
care supplies and services.
``(3) Training, rehabilitation, and special education.
``(4) Institutional care in private nonprofit, public, and
State institutions and facilities and, if appropriate,
transportation to and from such institutions and facilities.
``(5) Custodial care, notwithstanding the prohibition in
section 1077(b)(1) of this title.
``(6) Respite care for the primary caregiver of the
eligible dependent.
``(7) Such other services and supplies as determined
appropriate by the Secretary, notwithstanding the limitations
in subsection (a)(13).
``(f) Members shall be required to share in the cost of any
benefits provided to their dependents under subsection (d) as
follows:
``(1) Members in the lowest enlisted pay grade shall be
required to pay the first $25 incurred each month, and
members in the highest commissioned pay grade shall be
required to pay the first $250 incurred each month. The
amounts to be paid by members in all other pay grades shall
be determined under regulations to be prescribed by the
Secretary of Defense in consultation with the administering
Secretaries.
``(2) A member who has more than one dependent incurring
expenses in a given month under a plan covered by subsection
(d) shall not be required to pay an amount greater than would
be required if the member had only one such dependent.''.
(c) Definitions of Custodial Care and Domiciliary Care.--
Section 1072 of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(8) The term `custodial care' means treatment or
services, regardless of who recommends such treatment or
services or where such treatment or services are provided,
that--
``(A) can be rendered safely and reasonably by a person who
is not medically skilled; or
``(B) is or are designed mainly to help the patient with
the activities of daily living.
``(9) The term `domiciliary care' means care provided to a
patient in an institution or homelike environment because--
``(A) providing support for the activities of daily living
in the home is not available or is unsuitable; or
``(B) members of the patient's family are unwilling to
provide the care.''.
(d) Conforming Amendment.--Section 1079 of title 10, United
States Code, is amended in subsection (a) by striking
paragraph (17).
(e) Continuation of Individual Case Management Services for
Certain Eligible Beneficiaries.--(1) Notwithstanding the
termination of the Individual Case Management Program by
subsection (d), the Secretary of Defense shall, in any case
in which the Secretary makes the determination described in
paragraph (2), continue to provide payment as if such program
were in effect for home health care or custodial care
services provided to an eligible beneficiary that would
otherwise be excluded from coverage under regulations
implementing chapter 55 of title 10, United States Code.
(2) The determination referred to in paragraph (1) is a
determination that discontinuation of payment for services
not otherwise provided under such chapter would result in the
provision of services inadequate to meet the needs of the
eligible beneficiary and would be unjust to such beneficiary.
(3) For purposes of this subsection, ``eligible
beneficiary'' means a covered beneficiary (as that term is
defined in section 1072 of title 10, United States Code) who,
before the effective date of this section, was provided
custodial care services under the Individual Case Management
Program for which the Secretary provided payment.
(f) Report on Initiatives Regarding Long-Term Care.--The
Secretary of Defense shall, not later than April 1, 2002,
submit to Congress a report on the feasibility and
desirability of establishing new initiatives, taking into
account chapter 90 of title 5, United States Code, to improve
the availability of long-term care for members and retired
members of the uniformed services and their families.
(g) Reference in Title 10 to Long-Term Care Program in
Title 5.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074j (as added by
subsection (a)) the following new section:
``Sec. 1074k. Long-term care insurance
``Provisions regarding long-term care insurance for members
and certain former members of the uniformed services and
their families are set forth in chapter 90 of title 5.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1074j (as added by subsection (a)) the following new item:
``1074k. Long-term care insurance.''.
(h) Effective Date.--This section, and the amendments made
by this section, shall take effect on October 1, 2001.
SEC. 705. REIMBURSEMENT OF TRAVEL EXPENSES OF A PARENT,
GUARDIAN, OR RESPONSIBLE FAMILY MEMBER OF A
MINOR COVERED BENEFICIARY.
Section 1074i of title 10, United States Code, is amended
by adding at the end the following new sentence: ``In any
case in which reimbursement of travel expenses of a covered
beneficiary who is a minor and dependent is required under
this section, the Secretary also shall provide reimbursement
for reasonable travel expenses of the parent or guardian of,
or the family member responsible for, such covered
beneficiary.''.
Subtitle B--Other Matters
SEC. 711. PROHIBITION AGAINST REQUIRING MILITARY RETIREES TO
RECEIVE HEALTH CARE SOLELY THROUGH THE
DEPARTMENT OF DEFENSE.
No provision of law (whether enacted before or after this
Act) may be construed as authorizing the Secretary of Defense
to take any action that would require, or have the effect of
requiring, a member or former member of the Armed Forces who
is entitled to retired or retainer pay to enroll to receive
health care from the Federal Government only through the
Department of Defense. This section may not be superseded by
a subsequent Act unless that Act--
(1) specifically refers to this section; and
(2) specifically states that such provision of law
supersedes the provisions of this section.
SEC. 712. TRAUMA AND MEDICAL CARE PILOT PROGRAM.
(a) Requirement To Conduct Pilot Program.--The Secretary of
Defense shall conduct a pilot program under which the Brooke
Army Medical Center and the Wilford Hall Air Force Medical
Center in San Antonio, Texas, may charge civilians who are
not covered beneficiaries under chapter 55 of title 10,
United States Code, fees representing the actual costs of
trauma and other medical care provided to such civilians
using private sector itemized rates.
(b) Use of Fees Collected.--(1) The Brooke Army Medical
Center and the Wilford Hall Air Force Medical Center may use
the amounts collected under the pilot program for--
(A) trauma consortium activities;
(B) administrative, operating, and equipment costs; and
(C) readiness training.
(2) The operating budgets of those medical centers shall
not be reduced as a result of fees collected under the pilot
program.
(c) Efficient Practices.--Under the pilot program, the
commander of the Brooke Army Medical Center or Wilford Hall
Air Force Medical Center may authorize the use of funds
appropriated to the Department of Defense for medical care
for trauma and other medical care provided at such center to
civilians described in subsection (a).
(d) Length of Pilot Program.--The pilot program under this
section shall commence on October 1, 2001, and be conducted
for a period of three years.
(e) Reports.--The Secretary of Defense shall submit to
Congress not later than October 1st of each of 2002 through
2004 a report describing the progress and effectiveness of
the pilot program carried out under this section.
SEC. 713. ENHANCEMENT OF MEDICAL PRODUCT DEVELOPMENT.
Section 980 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``Funds''; and
(2) by adding at the end the following new subsection:
``(b) The Secretary of Defense may waive the prohibition in
this section with respect to a specific research project to
advance the development of a medical product necessary to the
armed forces if the research project is carried out in
accordance with all other applicable laws.''.
SEC. 714. REPEAL OF OBSOLETE REPORT REQUIREMENT.
Section 701 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 1074g note) is
amended by striking subsection (d).
SEC. 715. CLARIFICATIONS AND IMPROVEMENTS REGARDING THE
DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE
HEALTH CARE FUND.
(a) Clarification Regarding Coverage.--Subsection (b) of
section 1111 of title 10, United States Code, is amended to
read as follows:
``(b) In this chapter:
``(1) The term `Department of Defense retiree health care
programs' means the provisions of this title or any other
provision of law creating an entitlement to or eligibility
for health care under a Department of Defense or uniformed
services program for a member or former member of a
participating uniformed service who is entitled to retired or
retainer pay, and an eligible dependent under such program.
``(2) The term `designated Department of Defense health
care program' means a program described in paragraph (1) of
this subsection that is designated under section 1113(c).
``(3) The term `eligible dependent' means a dependent (as
such term is defined in section 1072(2)) described in section
1076(a)(2) (other than a dependent of a member on active
duty), 1076(b), 1086(c)(2), or 1086(c)(3)).
``(4) The term `medicare-eligible', with respect to any
person, means entitled to benefits under part A of title
XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
``(5) The term `participating uniformed service' means the
Army, Navy, Air Force, and Marine Corps, and any other
uniformed service that is covered by an agreement entered
into under subsection (c).''
(b) Participation of Other Uniformed Services.--(1) Section
1111 of such title is further amended by adding after
subsection (b), the following new subsection:
``(c) The Secretary of Defense may enter into an agreement
with any other administering Secretary for participation in
the Fund by a uniformed service under the jurisdiction of
that Secretary. Any such agreement shall require that
Secretary to make contributions to the Fund on behalf of the
members of the uniformed service under the jurisdiction of
that Secretary
[[Page H5816]]
comparable to the contributions to the Fund made by the
Secretary of Defense under section 1116.''
(2) Section 1112 of such title is amended by adding at the
end the following new paragraph:
``(4) Amounts paid into the Fund pursuant to section
1111(c).''.
(3) Section 1115 of such title is amended--
(A) in subsection (a), by inserting ``participating''
before ``uniformed services''; and
(B) in subparagraphs (A)(ii) and (B)(ii) of subsection
(b)(1), by inserting ``under the jurisdiction of the
Secretary of Defense'' after ``uniformed services''.
(4) Section 1116(a) of such title is amended in paragraphs
(1)(B) and (2)(B) by inserting ``under the jurisdiction of
the Secretary of Defense'' after ``uniformed services''.
(c) Clarification of Payments From the Fund.--(1) The
second sentence of subsection (a) of section 1111 of such
title is amended by inserting ``designated'' before
``Department of Defense retiree health care programs for
medicare-eligible beneficiaries''.
(2) Subsection (a) of section 1113 of such title is amended
to read as follows:
``(a) There shall be paid from the Fund amounts payable for
the costs of designated Department of Defense retiree health
care programs for the benefit of members or former members of
a participating uniformed service who are entitled to retired
or retainer pay and are medicare-eligible, and eligible
dependents described in section 1111(b)(3) who are medicare-
eligible.''
(3) Such section is further amended by adding at the end
the following new subsection:
``(c) For purposes of payments from the Fund under
subsection (a), the Secretary of Defense shall designate the
program authorized by section 1086 of this title.''.
(d) Technical Amendments.--(1) The heading for section 1111
of such title is amended to read as follows:
``Sec. 1111. Establishment and purpose of Fund; definitions;
authority to enter into agreements''.
(2) The item relating to section 1111 in the table of
sections at the beginning of chapter 56 of such title is
amended to read as follows:
``1111. Establishment and purpose of Fund; definitions; authority to
enter into agreements.''.
(f) Effective Date.--The amendments made by this section
shall take effect on October 1, 2002.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. ACQUISITION MILESTONES.
(a) Title 10, U.S.C.--Title 10, United States Code, is
amended--
(1) in section 2366(c), subsections (b)(3)(A), (c)(3)(A),
and (h)(1) of section 2432, and section 2434(a), by striking
``engineering and manufacturing development'' each place such
words appear and inserting ``system development and
demonstration'';
(2) in section 2400--
(A) in subsection (a)(2), by striking ``engineering and
manufacturing development'' and inserting ``system
development and demonstration''; and
(B) in subsections (a)(1)(A), (a)(2), (a)(4) and (a)(5), by
striking ``milestone II'' each place such term appears and
inserting ``milestone B''; and
(3) in section 2435--
(A) in subsection (b), by striking ``engineering and
manufacturing development'' and inserting ``system
development and demonstration'';
(B) in subsection (c)(1), by striking ``demonstration and
validation'' and inserting ``system development and
demonstration'';
(C) in subsection (c)(2), by striking ``engineering and
manufacturing development'' and inserting ``production and
deployment''; and
(D) in subsection (c)(3), by striking ``production and
deployment'' and inserting ``full rate production''.
(b) Other Laws.--(1) Section 811(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted in Public Law 106-398; 114 Stat. 1654A-211) is
amended--
(A) by striking ``Milestone I'' and inserting ``Milestone
B'';
(B) by striking ``Milestone II'' and inserting ``Milestone
C''; and
(C) by striking ``Milestone III'' and inserting ``full rate
production''.
(2) Section 8102(b) of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 696)
is amended--
(A) by striking ``Milestone I'' and inserting ``Milestone
B'';
(B) by striking ``Milestone II'' and inserting ``Milestone
C''; and
(C) by striking ``Milestone III'' and inserting ``full rate
production''.
SEC. 802. ACQUISITION WORKFORCE QUALIFICATIONS.
(a) Qualifications.--Section 1724 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) Contracting Officers.--The Secretary of Defense shall
require that, in order to qualify to serve in an acquisition
position as a contracting officer with authority to award or
administer contracts for amounts above the simplified
acquisition threshold referred to in section 2304(g) of this
title, an employee of the Department of Defense or member of
the armed forces (other than the Coast Guard) must, except as
provided in subsections (c) and (d)--'';
(B) in paragraph (1)--
(i) by striking ``mandatory''; and
(ii) by striking ``at the grade level'' and all that
follows and inserting ``(A) in the case of an employee,
serving in the position within the grade of the General
Schedule in which the employee is serving, and (B) in the
case of a member of the armed forces, in the member's
grade;''; and
(C) in paragraph (3)(A), by inserting a comma after
``business'';
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) GS-1102 Series Positions and Similar Military
Positions.--(1) The Secretary of Defense shall require that
in order to qualify to serve in a position in the Department
of Defense that is in the GS-1102 occupational series an
employee or potential employee of the Department of Defense
meet the requirements set forth in paragraph (3) of
subsection (a). The Secretary may not require that in order
to serve in such a position an employee or potential employee
meet any of the requirements of paragraphs (1) and (2) of
that subsection.
``(2) The Secretary of Defense shall require that in order
for a member of the armed forces to be selected for an
occupational specialty within the armed forces that (as
determined by the Secretary) is similar to the GS-1102
occupational series a member of the armed forces meet the
requirements set forth in paragraph (3) of subsection (a).
The Secretary may not require that in order to be selected
for such an occupational specialty a member meet any of the
requirements of paragraphs (1) and (2) of that subsection.'';
and
(3) by striking subsections (c) and (d) inserting the
following new subsections:
``(c) Exceptions.--The qualification requirements imposed
by the Secretary of Defense pursuant to subsections (a) and
(b) shall not apply to an employee of the Department of
Defense or member of the armed forces who--
``(1) served as a contracting officer with authority to
award or administer contracts in excess of the simplified
acquisition threshold on or before September 30, 2000;
``(2) served, on or before September 30, 2000, in a
position either as an employee in the GS-1102 series or as a
member of the armed forces in similar occupational specialty;
``(3) is in the contingency contracting force; or
``(4) is described in subsection (e)(1)(B).
``(d) Waiver.--The acquisition career program board
concerned may waive any or all of the requirements of
subsections (a) and (b) with respect to an employee of the
Department of Defense or member of the armed forces if the
board certifies that the individual possesses significant
potential for advancement to levels of greater responsibility
and authority, based on demonstrated job performance and
qualifying experience. With respect to each waiver granted
under this subsection, the board shall set forth in a written
document the rationale for its decision to waive such
requirements. Such document shall be submitted to and
retained by the Director of Acquisition Education, Training,
and Career Development.
``(e) Developmental Opportunities.--(1) The Secretary of
Defense may--
``(A) establish or continue one or more programs for the
purpose of recruiting, selecting, appointing, educating,
qualifying, and developing the careers of individuals to meet
the requirements in subparagraphs (A) and (B) of subsection
(a)(3);
``(B) appoint individuals to developmental positions in
those programs; and
``(C) separate from the civil service after a three-year
probationary period any individual appointed under this
subsection who, as determined by the Secretary, fails to
complete satisfactorily any program described in subparagraph
(A).
``(2) To qualify for any developmental program described in
paragraph (1)(A), an individual shall have--
``(A) been awarded a baccalaureate degree from an
accredited institution of higher education authorized to
grant baccalaureate degrees; or
``(B) completed at least 24 semester credit hours or the
equivalent of study from an accredited institution of higher
education in any of the disciplines of accounting, business,
finance, law, contracts, purchasing, economics, industrial
management, marketing, quantitative methods, or organization
and management.
``(f) Contingency Contracting Force.--The Secretary shall
establish qualification requirements for the contingency
contracting force consisting of members of the armed forces
whose mission is to deploy in support of contingency
operations and other operations of the Department of Defense,
including--
``(1) completion of at least 24 semester credit hours or
the equivalent of study from an accredited institution of
higher education or similar educational institution in any of
the disciplines of accounting, business, finance, law,
contracts, purchasing, economics, industrial management,
marketing, quantitative methods, or organization and
management; or
``(2) passage of an examination that demonstrates skills,
knowledge, or abilities comparable to that of an individual
who has completed at least 24 semester credit hours or the
equivalent of study in any of the disciplines described in
paragraph (1).''.
(b) Clerical Amendment.--Section 1732(c)(2) of such title
is amended by inserting a comma after ``business''.
SEC. 803. TWO-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED
PROCEDURES TO CERTAIN COMMERCIAL ITEMS.
Section 4202(e) of the Clinger-Cohen Act of 1996 (divisions
D and E of Public Law 104-106; 110 Stat. 654; 10 U.S.C. 2304
note) is amended by striking ``January 1, 2002'' and
inserting ``January 1, 2004''.
[[Page H5817]]
SEC. 804. CONTRACTS FOR SERVICES TO BE PERFORMED OUTSIDE THE
UNITED STATES.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2381 the
following new section:
``Sec. 2382. Contracts for services to be performed outside
the United States
``The Secretary of Defense may enter into contracts to
employ individuals or organizations to perform services in
countries other than the United States without regard to laws
regarding the negotiation, making, and performance of
contracts and performance of work in the United States.
Individuals employed by contract to perform such services
shall not by virtue of such employment be considered to be
employees of the United States Government for purposes of any
law administered by the Office of Personnel Management, but
the Secretary may determine the applicability to such
individuals of any other law administered by the Secretary
concerning the employment of such individuals in countries
other than the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2381 the following new item:
``2382. Contracts for services to be performed outside the United
States.''.
SEC. 805. CODIFICATION AND MODIFICATION OF ``BERRY
AMENDMENT'' REQUIREMENTS.
(a) Berry Amendment Requirements.--(1) Chapter 148 of title
10, United States Code, is amended by inserting after section
2533 the following new section:
``Sec. 2533a. Requirement to buy certain articles from
American sources; exceptions
``(a) Requirement.--Except as provided in subsections (c)
through (g), funds appropriated or otherwise available to the
Department of Defense may not be used for the procurement of
an item described in subsection (b) if the item is not grown,
reprocessed, reused, or produced in the United States.
``(b) Covered Items.--An item referred to in subsection (a)
is any of the following:
``(1) An article or item of--
``(A) food;
``(B) clothing;
``(C) tents, tarpaulins, parachutes, or covers;
``(D) cotton and other natural fiber products, woven silk
or woven silk blends, spun silk yarn for cartridge cloth,
synthetic fabric or coated synthetic fabric (including all
textile fibers and yarns that are for use in such fabrics),
canvas products, or wool (whether in the form of fiber or
yarn or contained in fabrics, materials, or manufactured
articles); or
``(E) any item of individual equipment manufactured from or
containing such fibers, yarns, fabrics, or materials.
``(2) Specialty metals, including stainless steel flatware.
``(3) Hand or measuring tools.
``(c) Exception.--The Secretary of Defense or the Secretary
of the military department concerned may waive the
requirement in subsection (a) if--
``(1) such Secretary determines that satisfactory quality
and sufficient quantity of any such article or item described
in subsection (b)(1) or specialty metals (including stainless
steel flatware) grown, reprocessed, reused, or produced in
the United States cannot be procured as and when needed at
United States market prices;
``(2) such Secretary has provided notice to the public
regarding the waiver;
``(3) such Secretary has notified the Committees on
Appropriations, Armed Services, and Small Business of the
House of Representatives and the Senate regarding the waiver
and provided a justification to such committees for the
waiver; and
``(4) 30 days have elapsed since the date of the
notification of such committees.
``(d) Exception for Certain Procurements Outside the United
States.--Subsection (a) does not apply to the following:
``(1) Procurements outside the United States in support of
combat operations.
``(2) Procurements by vessels in foreign waters.
``(3) Emergency procurements or procurements of perishable
foods by an establishment located outside the United States
for the personnel attached to such establishment.
``(e) Exception for Specialty Metals and Chemical Warfare
Protective Clothing.--Subsection (a) does not preclude the
procurement of specialty metals or chemical warfare
protective clothing produced outside the United States if--
``(1) such procurement is necessary--
``(A) to comply with agreements with foreign governments
requiring the United States to purchase supplies from foreign
sources for the purposes of offsetting sales made by the
United States Government or United States firms under
approved programs serving defense requirements; or
``(B) in furtherance of agreements with foreign governments
in which both such governments agree to remove barriers to
purchases of supplies produced in the other country or
services performed by sources of the other country; and
``(2) any such agreement with a foreign government
complies, where applicable, with the requirements of section
36 of the Arms Export Control Act (22 U.S.C. 2776) and with
section 2457 of this title.
``(f) Exception for Certain Foods.--Subsection (a) does not
preclude the procurement of foods manufactured or processed
in the United States.
``(g) Exception for Small Purchases.--Subsection (a) does
not apply to purchases for amounts not greater than the
simplified acquisition threshold referred to in section
2304(g) of this title.
``(h) Applicability to Contracts and Subcontracts for
Procurement of Commercial Items.--This section is applicable
to contracts and subcontracts for the procurement of
commercial items notwithstanding section 34 of the Office of
Federal Procurement Policy Act (41 U.S.C. 430).
``(i) Geographic Coverage.--In this section, the term
`United States' includes the commonwealths, territories, and
possessions of the United States.
``(j) Exception for Commissaries, Exchanges, and Other
Nonappropriated Fund Instrumentalities.--Subsection (a) does
not apply to items purchased for resale purposes in
commissaries, military exchanges, or nonappropriated fund
instrumentalities operated by the military departments or the
Department of Defense.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2533 the following new item:
``2533a. Requirement to buy certain articles from American sources;
exceptions.''.
(b) Repeal of Source Provisions.--The following provisions
of law are repealed:
(1) Section 9005 of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241
note).
(2) Section 8109 of the Department of Defense
Appropriations Act, 1997 (as contained in section 101(b) of
Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).
Subtitle B--Erroneous Payments Recovery
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ``Erroneous Payments
Recovery Act of 2001''.
SEC. 812. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES
IN PAYMENTS TO CONTRACTORS AND RECOVERY OF
AMOUNTS ERRONEOUSLY PAID.
(a) Program Required.--The head of each executive agency
that enters into contracts with a total value in excess of
$500,000,000 in a fiscal year shall carry out a cost-
effective program for identifying any errors made in paying
the contractors and for recovering any amounts erroneously
paid to the contractors.
(b) Recovery Audits and Activities.--A program of an
executive agency under subsection (a) shall include recovery
audits and recovery activities. The head of the executive
agency shall determine, in accordance with guidance provided
under subsection (c), the classes of contracts to which
recovery audits and recovery activities are appropriately
applied.
(c) OMB Guidance.--The Director of the Office of Management
and Budget shall issue guidance for the conduct of programs
under subsection (a). The guidance shall include the
following:
(1) Definitions of the terms ``recovery audit'' and
``recovery activity'' for the purposes of the programs.
(2) The classes of contracts to which recovery audits and
recovery activities are appropriately applied under the
programs.
(3) Protections for the confidentiality of--
(A) sensitive financial information that has not been
released for use by the general public; and
(B) information that could be used to identify a person.
(4) Policies and procedures for ensuring that the
implementation of the programs does not result in duplicative
audits of contractor records.
(5) Policies regarding the types of contracts executive
agencies may use for the procurement of recovery services,
including guidance for use, in appropriate circumstances, of
a contingency contract pursuant to which the head of an
executive agency may pay a contractor an amount equal to a
percentage of the total amount collected for the United
States pursuant to that contract.
(6) Protections for a contractor's records and facilities
through restrictions on the authority of a contractor under a
contract for the procurement of recovery services for an
executive agency--
(A) to require the production of any record or information
by any person other than an officer, employee, or agent of
the executive
agency;
(B) to establish, or otherwise have, a physical presence on
the property or premises of any private sector entity for the
purposes of performing the contract; or
(C) to act as agents for the Government in the recovery of
funds erroneously paid to contractors.
(7) Policies for the appropriate types of management
improvement programs authorized by section 815 that executive
agencies may carry out to address overpayment problems and
the recovery of overpayments.
SEC. 813. DISPOSITION OF RECOVERED FUNDS.
(a) Availability of Funds for Recovery Audits and
Activities Program.--Funds collected under a program carried
out by an executive agency under section 812 shall be
available to the executive agency, in such amounts as are
provided in advance in appropriations Acts, for the following
purposes:
(1) To reimburse the actual expenses incurred by the
executive agency in the administration of the program.
(2) To pay contractors for services under the program in
accordance with the guidance issued under section 812(c)(5).
(b) Funds Not Used for Program.--Any amounts erroneously
paid by an executive agency that are recovered under such a
program of an executive agency and are not used to reimburse
expenses or pay contractors under subsection (a)--
(1) shall be credited to the appropriations from which the
erroneous payments were made that remain available for
obligation as of the time such amounts were collected, shall
be merged
[[Page H5818]]
with other amounts in those appropriations, and shall be
available for the purposes and period for which such
appropriations are available; or
(2) if no such appropriation remains available for
obligation at that time, shall be disposed of as provided in
subsection (c).
(c) Other Dispositions.--Of the total amount collected
under such a program of an executive agency that is to be
disposed of under this subsection--
(1) up to 25 percent of such amount may be expended by the
head of the executive agency for carrying out any management
improvement program of the executive agency under section
815; and
(2) the remainder of that total amount, including any
amount not expended under paragraph (1), shall be deposited
in the Treasury as miscellaneous receipts.
(d) Priority of Other Authorized Dispositions.--
Notwithstanding subsections (b) and (c), the authority under
such subsections may not be exercised to use, credit, or
deposit funds collected under such a program as provided in
those subsections to the extent that any other provision of
law requires or authorizes the crediting of such funds to a
nonappropriated fund instrumentality, revolving fund,
working-capital fund, trust fund, or other fund or account.
SEC. 814. SOURCES OF RECOVERY SERVICES.
(a) Consideration of Available Recovery Resources.--(1) In
carrying out a program under section 812, the head of an
executive agency shall consider all resources available to
that official to carry out the program.
(2) The resources considered by the head of an executive
agency for carrying out the program shall include the
resources available to the executive agency for such purpose
from the following sources:
(A) The executive agency.
(B) Other departments and agencies of the United States.
(C) Private sector sources.
(b) Compliance With Applicable Law and Regulations.--Before
entering into a contract with a private sector source for the
performance of services under a program of the executive
agency carried out under section 812, the head of an
executive agency shall comply with--
(1) any otherwise applicable provisions of Office of
Management and Budget Circular A-76; and
(2) any other applicable provision of law or regulation
with respect to the selection between employees of the United
States and private sector sources for the performance of
services.
SEC. 815. MANAGEMENT IMPROVEMENT PROGRAMS.
In accordance with guidance provided by the Director of the
Office of Management and Budget under section 812, the head
of an executive agency required to carry out a program under
section 812 may carry out a program for improving management
processes within the executive agency--
(1) to address problems that contribute directly to the
occurrence of errors in the paying of contractors of the
executive agency; or
(2) to improve the recovery of overpayments due to the
agency.
SEC. 816. REPORTS.
(a) Requirement for Reports.--Not later than 30 months
after the date of the enactment of this Act, and annually for
each of the first two years following the year of the first
report, the Director of the Office of Management and Budget
shall submit to the Committee on Government Reform of the
House of Representatives and the Committee on Governmental
Affairs of the Senate, a report on the implementation of this
subtitle.
(b) Content.--Each report shall include--
(1) a general description and evaluation of the steps taken
by the heads of executive agencies to carry out the programs
under this subtitle, including any management improvement
programs carried out under section 815;
(2) the costs incurred by executive agencies to carry out
the programs under this subtitle; and
(3) the amounts recovered under the programs under this
subtitle.
SEC. 817. RELATIONSHIP TO AUTHORITY OF INSPECTORS GENERAL.
Nothing in this subtitle shall be construed as impairing
the authority of an Inspector General under the Inspector
General Act of 1978 or any other provision of law.
SEC. 818. PRIVACY PROTECTIONS.
(a) Prohibition.--Any nongovernmental entity that, in the
course of recovery auditing or recovery activity under this
subtitle, obtains information that identifies an individual
or with respect to which there is a reasonable basis to
believe that the information can be used to identify an
individual, may not disclose the information for any purpose
other than such recovery auditing or recovery activity and
governmental oversight of such activity, unless disclosure
for that other purpose is authorized by the individual to the
executive agency that contracted for the performance of the
recovery auditing or recovery activity.
(b) Liability.--Any person that violates subsection (a)
shall be liable for any damages (including nonpecuniary
damages), costs, and attorneys fees incurred by the
individual as a result of the violation.
SEC. 819. DEFINITION.
In this subtitle, the term ``executive agency'' has the
meaning given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND
SUPPORT WORKFORCE
(a) Reduction of Defense Acquisition and Support
Workforce.--The Secretary of Defense shall accomplish
reductions in defense acquisition and support personnel
positions during fiscal year 2002 so that the total number of
such personnel as of October 1, 2002, is less than the total
number of such personnel as of October 1, 2001, by at least
13,000.
(b) Defense Acquisition Workforce Defined.--For purposes of
this section, the term ``defense acquisition and support
personnel'' has the meaning given that term in section 931(d)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2106).
SEC. 902. SENSE OF CONGRESS ON ESTABLISHMENT OF AN OFFICE OF
TRANSFORMATION IN THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) The Armed Forces should give careful consideration to
implementating transformation to meet operational challenges
and exploit opportunities resulting from changes in the
threat environment and the emergence of new technologies.
(2) A 1999 Defense Science Board report on transformation
concluded that there was no overall Department of Defense
vision for transformation, no road map, no metrics to measure
progress, and little sense of urgency.
(3) Historic case studies have shown that within the
military, as well as commercial enterprises, successful
transformation must be directed from the highest levels of an
organization.
(b) Sense of Congress on Establishment of Office of
Transformation.--It is the sense of Congress that the
Secretary of Defense should consider the establishment of an
Office of Transformation within the Office of the Secretary
of Defense to advise the Secretary on--
(1) development of force transformation strategies to
ensure that the military of the future is prepared to
dissuade potential military competitors and, if that fails,
to fight and win decisively across the spectrum of future
conflict;
(2) ensuring a continuous and broadly focused
transformation process;
(3) service and joint acquisition and experimentation
efforts, funding for experimentation efforts, promising
operational concepts and technologies, and other
transformation activities, as appropriate; and
(4) development of service and joint operational concepts,
transformation implementation strategies, and risk management
strategies.
(c) Sense of Congress on Funding.--It is the sense of
Congress that the Secretary of Defense should consider
providing funding adequate for sponsoring selective
prototyping efforts, wargames, and studies and analyses and
for appropriate staffing, as recommended by the director of
an Office of Transformation as described in subsection (b).
SEC. 903. REVISED JOINT REPORT ON ESTABLISHMENT OF NATIONAL
COLLABORATIVE INFORMATION ANALYSIS CAPABILITY.
(a) Revised Report.--At the same time as the submission of
the budget for fiscal year 2003 under section 1105 of title
31, United States Code, the Secretary of Defense and the
Director of Central Intelligence shall submit to the
congressional defense committees and the congressional
intelligence committees a revised report assessing
alternatives for the establishment of a national
collaborative information analysis capability.
(b) Matters Included.--The revised report shall cover the
same matters required to be included in the DOD/CIA report,
except that the alternative architectures assessed in the
revised report shall be limited to architectures that include
the participation of all Federal agencies involved in the
collection of intelligence. The revised report shall also
include a draft of legislation sufficient to carry out the
preferred architecture identified in the revised report.
(c) Officials To Be Consulted.--The revised report shall be
prepared after consultation with all appropriate Federal
officials, including the following:
(1) The Secretary of the Treasury.
(2) The Secretary of Commerce.
(3) The Secretary of State.
(4) The Attorney General.
(5) The Director of the Federal Bureau of Investigation.
(6) The Administrator of the Drug Enforcement
Administration.
(7) The Director of the Defense Threat Reduction Agency.
(8) The Director of the Defense Information Systems Agency.
(d) DOD/CIA Report Defined.--In this section, the term
``DOD/CIA report'' means the joint report required by section
933 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-
398; 114 Stat. 1654A-237).
SEC. 904. ELIMINATION OF TRIENNIAL REPORT BY CHAIRMAN OF THE
JOINT CHIEFS OF STAFF ON ROLES AND MISSIONS OF
THE ARMED FORCES.
(a) Repeal of Requirement for Separate Report by Chairman
of the Joint Chiefs of Staff.--Section 153 of title 10,
United States Code, is amended by striking subsection (b).
(b) Roles and Missions Considered as Part of Defense
Quadrennial Review.--Subsection 118(e) of such title is
amended--
(1) by inserting ``(1)'' before ``Upon the completion'';
(2) by designating the second and third sentences as
paragraph (3); and
(3) by inserting after paragraph (1), as designated by
paragraph (1) of this subsection, the following new
paragraph:
``(2) As part of his assessment under paragraph (1), the
Chairman shall provide his assessment of the assignment of
functions (or roles
[[Page H5819]]
and missions) to the armed forces and such recommendations
for changes thereto as the Chairman considers necessary to
achieve maximum efficiency of the armed forces. In preparing
such assessment, the Chairman shall consider (among other
matters) the following:
``(A) Unnecessary duplication of effort among the armed
forces.
``(B) Changes in technology that can be applied effectively
to warfare.''.
SEC. 905. REPEAL OF REQUIREMENT FOR SEMIANNUAL REPORTS
THROUGH MARCH 2003 ON ACTIVITIES OF JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
Section 916 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-231) is repealed.
SEC. 906. CORRECTION OF REFERENCES TO AIR MOBILITY COMMAND.
(a) References in Title 10, United States Code.--Sections
2554(d) and 2555(a) of title 10, United States Code, are each
amended by striking ``Military Airlift Command'' and
inserting ``Air Mobility Command''.
(b) Repeal of Obsolete Provision.--Section 8074 of such
title is amended by striking subsection (c).
(c) References in Title 37, United States Code.--Sections
430(c) and 432(b) of title 37, United States Code, are each
amended by striking ``Military Airlift Command'' and
inserting ``Air Mobility Command''.
SEC. 907. ORGANIZATIONAL ALIGNMENT CHANGE FOR DIRECTOR FOR
EXPEDITIONARY WARFARE.
Section 5038(a) of title 10, United States Code, is amended
by striking ``Office of the Deputy Chief of Naval Operations
for Resources, Warfare Requirements, and Assessments'' and
inserting ``office of the Deputy Chief of Naval Operations
with responsibility for warfare requirements and programs''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2002
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the Committee on Armed Services of the House of
Representatives to accompany its report on the bill H.R. 2586
of the One Hundred Seventh Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1003. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO
PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2002.
(a) Limitation.--Of the amounts authorized to be
appropriated by section 301(24) for the Overseas Contingency
Operations Transfer Fund--
(1) no more than $1,315,600,000 may be obligated for
incremental costs of the Armed Forces for Bosnia peacekeeping
operations; and
(2) no more than $1,528,600,000 may be obligated for
incremental costs of the Armed Forces for Kosovo peacekeeping
operations.
(b) Presidential Waiver.--The President may waive the
limitation in subsection (a)(1), or the limitation in
subsection (a)(2), after submitting to Congress the
following:
(1) The President's written certification that the waiver
is necessary in the national security interests of the United
States.
(2) The President's written certification that exercising
the waiver will not adversely affect the readiness of United
States military forces.
(3) A report setting forth the following:
(A) The reasons that the waiver is necessary in the
national security interests of the United States.
(B) The specific reasons that additional funding is
required for the continued presence of United States military
forces participating in, or supporting, Bosnia peacekeeping
operations, or Kosovo peacekeeping operations, as the case
may be, for fiscal year 2002.
(C) A discussion of the impact on the military readiness of
United States Armed Forces of the continuing deployment of
United States military forces participating in, or
supporting, Bosnia peacekeeping operations, or Kosovo
peacekeeping operations, as the case may be.
(4) A supplemental appropriations request for the
Department of Defense for such amounts as are necessary for
the additional fiscal year 2002 costs associated with United
States military forces participating in, or supporting,
Bosnia or Kosovo peacekeeping operations.
(c) Peacekeeping Operations Defined.--For the purposes of
this section:
(1) The term ``Bosnia peacekeeping operations'' has the
meaning given such term in section 1004(e) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2112).
(2) The term ``Kosovo peacekeeping operations''--
(A) means the operation designated as Operation Joint
Guardian and any other operation involving the participation
of any of the Armed Forces in peacekeeping or peace
enforcement activities in and around Kosovo; and
(B) includes, with respect to Operation Joint Guardian or
any such other operation, each activity that is directly
related to the support of the operation.
SEC. 1004. INCREASE IN LIMITATIONS ON ADMINISTRATIVE
AUTHORITY OF THE NAVY TO SETTLE ADMIRALTY
CLAIMS.
(a) Admiralty Claims Against the United States.--Section
7622 of title 10, United States Code, is amended--
(1) in subsections (a) and (b), by striking ``$1,000,000''
and inserting ``$15,000,000''; and
(2) in subsection (c), by striking ``$100,000'' and
inserting ``$1,000,000''.
(b) Admiralty Claims by the United States.--Section 7623 of
such title is amended--
(1) in subsection (a)(2), by striking ``$1,000,000'' and
inserting ``$15,000,000''; and
(2) in subsection (c), by striking ``$100,000'' and
inserting ``$1,000,000''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to any claim accruing on or after
February 1, 2001.
Subtitle B--Naval Vessels
SEC. 1011. REVISION IN TYPES OF EXCESS NAVAL VESSELS FOR
WHICH APPROVAL BY LAW IS REQUIRED FOR DISPOSAL
TO FOREIGN NATIONS.
(a) Revision in Vessel Threshold.--Section 7307 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``A naval vessel'' and
inserting ``Except as provided in subsection (b), a combatant
naval vessel'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Treatment of Vessels Held by Foreign Nations by Loan
or Lease.--Subsection (a) shall not apply to the disposal to
another nation of a vessel described in that subsection that,
at the time of the disposal, is held by the nation to which
the disposal is to be made pursuant to a loan or lease
arrangement made under section 61 of the Arms Export Control
Act (22 U.S.C. 2796) or any other provision of law.''; and
(4) by adding after subsection (c), as redesignated by
paragraph (2), the following new subsection:
``(d) Inapplicability of Vessel Disposals to Aggregate
Annual Value Limitations.--The value of a vessel transferred
to another country under an applicable provision of law as
described in subsection (c) shall not be counted for the
purposes of any aggregate limit on the value of articles
transferred to other countries under that provision of law
during any year (or other applicable period of time).''.
(b) Technical Amendments.--Subsection (a) of such section
is further amended--
(1) by striking ``Larger or Newer'' in the subsection
heading and inserting ``Certain Combatant; and
(2) by striking ``approved by law enacted after August 5,
1974'' and inserting ``specifically approved by law''.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
Section 1022 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398; 114 Stat. 1654A-255) is amended--
(1) by inserting ``and April 15, 2002,'' after ``January 1,
2001,''; and
(2) by striking ``fiscal year 2000'' and inserting ``the
preceding fiscal year''.
SEC. 1022. AUTHORITY TO TRANSFER TRACKER AIRCRAFT CURRENTLY
USED BY ARMED FORCES FOR COUNTER-DRUG PURPOSES.
(a) Transfer Authority.--The Secretary of Defense may
transfer to the administrative jurisdiction and operational
control of another Federal agency all Tracker aircraft in the
inventory of the Department of Defense.
(b) Effect of Failure To Transfer.--If the transfer
authority provided by subsection (a) is not exercised by the
Secretary of Defense by September 30, 2002, any Tracker
aircraft remaining in the inventory of the Department of
Defense may not be used by the Armed Forces for counter-drug
purposes after that date.
[[Page H5820]]
SEC. 1023. AUTHORITY TO TRANSFER TETHERED AEROSTAT RADAR
SYSTEM CURRENTLY USED BY ARMED FORCES FOR
COUNTER-DRUG PURPOSES.
(a) Transfer Authority.--The Secretary of Defense may
transfer to the administrative jurisdiction and operational
control of another Federal agency the Tethered Aerostat Radar
System currently used by the Armed Forces in maritime, air,
and land counter-drug detection and monitoring.
(b) Effect of Failure To Transfer.--If the transfer
authority provided by subsection (a) is not exercised by the
Secretary of Defense by September 30, 2002, the Tethered
Aerostat Radar System may not be used by the Armed Forces for
counter-drug purposes after that date.
Subtitle D--Reports
SEC. 1031. REQUIREMENT THAT DEPARTMENT OF DEFENSE REPORTS TO
CONGRESS BE ACCOMPANIED BY ELECTRONIC VERSION.
(a) In General.--Chapter 23 of title 10, United States
Code, is amended by inserting after the table of sections the
following new section:
``Sec. 480. Department of Defense reports: submission in
electronic form
``(a) Requirement.--Whenever the Secretary of Defense or
any other official of the Department of Defense is required
by law to submit a report to Congress (or any committee of
either House of Congress), the Secretary or other official
shall provide to Congress (or each such committee) a copy of
the report in an electronic medium.
``(b) Exception.--Subsection (a) does not apply to a report
submitted in classified form.
``(c) Definition.--In this section, the term `report'
includes any certification, notification, or other
communication in writing.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 481 the following new item:
``480. Department of Defense reports: submission in electronic form.''.
SEC. 1032. REPORT ON DEPARTMENT OF DEFENSE ROLE IN HOMELAND
SECURITY MATTERS.
The Secretary of Defense shall conduct a study on the
appropriate role for the Department of Defense in homeland
security matters. The Secretary shall submit to the Congress
a report on the results of that study at the same time that
the budget of the President for fiscal year 2003 is submitted
to Congress.
SEC. 1033. REVISION OF ANNUAL REPORT TO CONGRESS ON NATIONAL
GUARD AND RESERVE COMPONENT EQUIPMENT.
The text of section 10541 of title 10, United States Code,
is amended to read as follows:
``(a) Requirement.--The Secretary of Defense shall submit
to 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. Each such report
shall cover the current fiscal year and the three succeeding
years.
``(b) Matters To Be Included in Report.--Each report under
this section shall include the following (shown in the
aggregate and separately for each reserve component):
``(1) A list of major items of equipment required and on-
hand in the inventories of the reserve components.
``(2) A list of major items of equipment that are expected
to be procured from commercial sources or transferred from
the active component to the reserve components.
``(3) A statement of major items of equipment in the
inventories of the reserve components that 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 active forces and the effect of
that level of compatibility or interoperability on combat
effectiveness, together with 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 the reserve
components.
``(c) Major Items of Equipment.--In this section, the term
`major items of equipment' includes ships, aircraft, combat
vehicles, and key combat support equipment.
``(d) Format and Level of Detail.--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 Department of Defense.''.
Subtitle E--Other Matters
SEC. 1041. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.
(a) Additional Items Authorized To Be Donated by Secretary
of the Navy.--Section 7545 of title 10, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``Subject to'' and all that follows through
``by him,'' and inserting ``Authority To Make Loans and
Gifts.--The Secretary of the Navy'';
(B) by striking ``captured, condemned,'' and all that
follows through ``to--'' and inserting ``items described in
subsection (b) that are not needed by the Department of the
Navy to any of the following:''
(C) by capitalizing the first letter after the paragraph
designation in each of paragraphs (1) through (12);
(D) by striking the semicolon at the end of paragraphs (1)
through (10) and inserting a period;
(E) by striking ``; or'' at the end of paragraph (11) and
inserting a period;
(F) in paragraph (5), by striking ``World War I or World
War II'' and inserting ``a foreign war'';
(G) in paragraph (6), by striking ``soldiers' monument''
and inserting ``servicemen's monument''; and
(H) in paragraph (8), by inserting ``or memorial'' after
``a museum'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a) the following new
subsections:
``(b) Items Eligible for Disposal.--This section applies to
the following types of property held by the Department of the
Navy:
``(1) Captured, condemned, or obsolete ordnance material.
``(2) Captured, condemned, or obsolete combat or shipboard
material.
``(c) Regulations.--A loan or gift made under this section
shall be subject to regulations prescribed by the Secretary
of the Navy and to regulations under section 205 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 486).'';
(4) in subsection (d) (as redesignated by paragraph (2)),
by inserting ``Maintenance of the Records of the
Government.--'' after the subsection designation;
(5) in subsection (e) (as redesignated by paragraph (2)),
by inserting ``Alternative Authorities To Make Gifts or
Loans.--'' after the subsection designation; and
(6) by adding at the end the following new subsection:
``(f) Authority To Transfer a Portion of a Vessel.--The
Secretary may lend, give, or otherwise transfer any portion
of the hull or superstructure of a vessel stricken from the
Naval Vessel Register and designated for scrapping to a
qualified organization specified in subsection (a). The terms
and conditions of an agreement for the transfer of a portion
of a vessel under this section shall include a requirement
that the transferee will maintain the material conveyed in a
condition that will not diminish the historical value of the
material or bring discredit upon the Navy.''.
(b) Conforming Amendments.--Section 2572(a) of such title
is amended--
(1) in paragraph (2), by striking ``soldiers' monument''
and inserting ``servicemen's monument''; and
(2) in paragraph (4), by inserting ``or memorial'' after
``An incorporated museum''.
SEC. 1042. TERMINATION OF REFERENDUM REQUIREMENT REGARDING
CONTINUATION OF MILITARY TRAINING ON ISLAND OF
VIEQUES, PUERTO RICO, AND IMPOSITION OF
ADDITIONAL CONDITIONS ON CLOSURE OF LIVE-FIRE
TRAINING RANGE.
(a) In General.--Title XV of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted by
Public Law 106-398; 114 Stat. 1654A-348) is amended by
striking sections 1503, 1504, and 1505 and inserting the
following new sections:
``SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL TRAINING
RANGE.
``(a) Required Certification.--The Secretary of the Navy
may close the Vieques Naval Training Range on the island of
Vieques, Puerto Rico, and discontinue live-fire training at
that range only if--
``(1) the Chief of Naval Operations and the Commandant of
the Marine Corps jointly certify that there is an alternative
training facility that provides an equivalent or superior
level of training for units of the Navy and the Marine Corps
stationed or deployed in the eastern United States; and
``(2) the new facility is available and fully capable of
supporting such training immediately upon cessation of live-
fire training on Vieques.
``(b) Equivalent or Superior Level of Training Defined.--In
this section, the term `equal or superior level of training'
refers to an ability by the Armed Forces to conduct at a
single location coordinated live-fire training, including
simultaneous large-scale tactical air strikes, naval surface
fire support and artillery, and amphibious landing
operations, as was conducted at Vieques Naval Training Range
before April 19, 1999.
``SEC. 1504. NAVY RETENTION OF CLOSED VIEQUES NAVAL TRAINING
RANGE.
``(a) Retention.--If the conditions specified in section
1503(a) are satisfied and the Secretary of the Navy
terminates all Navy and Marine Corps training operations on
the island of Vieques, the Secretary of the Navy shall retain
administrative jurisdiction over the Live Impact Area and all
other Department of Defense real properties on the eastern
side of the island for possible reactivation for training
use, including live-fire training, in the event a national
emergency.
``(b) Administration.--The Secretary of the Navy may enter
into a cooperative agreement with the Secretary of the
Interior to provide for management of the property described
in subsection (a), pending reactivation for training use, by
appropriate agencies of the Department of the Interior as
follows:
``(1) Management of the Live Impact Area as a wilderness
area under the Wilderness Act (16 U.S.C. 1131 et seq.),
including a prohibition on public access to the area.
``(2) Management of the remaining property as wildlife
refuges under the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
[[Page H5821]]
``(c) Live Impact Area Defined.--In this section, the term
`Live Impact Area' means the parcel of real property,
consisting of approximately 900 acres (more or less), on the
island of Vieques that is designated by the Secretary of the
Navy for targeting by live ordnance in the training of forces
of the Navy and Marine Corps.''.
(b) Conforming Amendment.--Section 1507(c) of such Act is
amended by striking ``the issuance of a proclamation
described in section 1504(a) or''.
SEC. 1043. REPEAL OF LIMITATION ON REDUCTIONS IN PEACEKEEPER
ICBM MISSILES.
Subsection (a)(1) of section 1302 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85) is
amended by striking subparagraph (D).
SEC. 1044. SENSE OF THE CONGRESS ON THE IMPORTANCE OF THE
KWAJALEIN MISSILE RANGE/RONALD REAGAN DEFENSE
INITIATIVE TEST SITE AT KWAJALEIN ATOLL.
(a) Importance of Missile Range.--Congress recognizes the
importance of the Kwajalein Missile Range to the Department
of Defense, particularly in that--
(1) Kwajalein acts as a buffer between Hawaii and Asia and
provides an important role in monitoring potential
adversaries in the Pacific Theatre; and
(2) the range is the only location at which tests for
United States exoatmospheric ballistic missile defense
intercepts occurs.
(b) Findings.--Congress finds that the Department of
Defense conducted a study regarding the importance of
Kwajalein Missile Range and made the following findings:
(1) The United States has an overriding defense interest in
continuing the use of the Kwajalein Missile Range and
facilities on Kwajalein Atoll.
(2) The requirements of United States missile defense and
space surveillance programs, combined with the uniqueness of
Kwajalein's location, and infrastructure investment, make
renewal of the Compact in the best interest of the Department
of Defense.
(c) Sense of Congress.--It is the sense of Congress that
the United States--
(1) should work to continue the long-term relationship of
the Department of Defense with the Kwajalein Missile Range/
Ronald Reagan Defense Initiative Test Site at Kwajalein
Atoll; and
(2) should continue to recognize the vital importance of
that test site to the national security of the United States
and peacekeeping efforts in Asia.
SEC. 1045. TRANSFER OF VIETNAM ERA F-4 AIRCRAFT TO NONPROFIT
MUSEUM.
(a) Authority To Convey.--The Secretary of the Air Force
may convey, without consideration, to the nonprofit National
Aviation Museum and Foundation of Oklahoma (in this section
referred to as the ``museum''), all right, title, and
interest of the United States in and to one surplus F-4
aircraft that is flyable or that can be readily restored to
flyable condition. The conveyance shall be made by means of a
conditional deed of gift.
(b) Condition of Aircraft.--(1) The Secretary may not
convey ownership of an aircraft under subsection (a) until
the Secretary determines that the museum has altered the
aircraft in such manner as the Secretary determines necessary
to ensure that the aircraft does not have any capability for
use as a platform for launching or releasing munitions or any
other combat capability that it was designed to have.
(2) The Secretary is not required to repair or alter the
condition of the aircraft before conveying ownership of the
aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary
shall include in the instrument of conveyance of the
aircraft--
(1) a condition that the museum not convey any ownership
interest in, or transfer possession of, the aircraft to any
other party without the prior approval of the Secretary;
(2) a condition that the museum operate and maintain the
aircraft in compliance with all applicable limitations and
maintenance requirements imposed by the Administrator of the
Federal Aviation Administration; and
(3) a condition that if the Secretary determines at any
time that the museum has conveyed an ownership interest in,
or transferred possession of, the aircraft to any other party
without the prior approval of the Secretary, or has failed to
comply with the condition set forth in paragraph (2), all
right, title, and interest in and to the aircraft, including
any repair or alteration of the aircraft, shall revert to the
United States, and the United States shall have the right of
immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The
conveyance of the aircraft under subsection (a) shall be made
at no cost to the United States. Any costs associated with
the conveyance, costs of determining compliance with
subsection (b), and costs of operation and maintenance of the
aircraft conveyed shall be borne by the museum.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 1046. BOMBER FORCE STRUCTURE.
(a) Limitation.--None of the funds available to the
Department of Defense for fiscal year 2002 may be obligated
or expended for retiring or dismantling any of the 93 B-1B
Lancer bombers in service as of June 1, 2001, or for
transferring or reassigning any of those aircraft from the
unit or the facility to which assigned as of that date, until
each of the following has occurred:
(1) The President transmits to Congress a national security
strategy report under section 108 of the National Security
Act of 1947 (50 U.S.C. 4040) as required by subsection (a)(3)
of that section.
(2) The Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives the Quadrennial
Defense Review (QDR) under section 118 of title 10, United
States Code, that under that section is required to be
submitted not later than September 30, 2001.
(3) The Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report that
provides--
(A) the changes in national security considerations from
those applicable to the air force bomber studies conducted
during 1992 and 1995 that warrant changes in the current
configuration of the bomber fleet; and
(B) the plans of the Department of Defense for assigning
new missions to the National Guard units that currently fly
B-1 aircraft and for the transition of those units and their
facilities from the current B-1 mission to their future
missions.
(4) The Secretary of Defense submits to Congress the annual
report of the Secretary for 2001 required by section 113(c)
of title 10, United States Code.
(5) The Secretary of Defense submits to Congress a report
on the results of the Revised Nuclear Posture Review
conducted under section 1042 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-262), as
required by subsection (c) of that section.
(6) The Secretary of Defense conducts, and submits to the
Committee on Armed Services of the Senate and Committee on
Armed Services of the House of Representatives a report on
the results of, a comprehensive study to determine--
(A) the role of manned bomber aircraft appropriate to meet
the requirements derived from the National Security Strategy
report referred to in paragraph (1);
(B) the amount and type of bomber force structure in the
United States Air Force appropriate to meet the requirements
derived from the National Security Strategy report referred
to in paragraph (1); and
(C) the most cost effective allocation of bomber force
structure, factoring in use of the reserve components of the
Air Force consistent with the requirements of the National
Security Strategy report referred to in paragraph (1).
(b) GAO Study and Report.--The Comptroller General of the
United States shall conduct a study on the same matters as
specified in subparagraphs (A), (B), and (C) of subsection
(a)(6). The Comptroller General shall submit to Congress a
report containing the results of that study not later than
180 days after the date of the submission of the report
referred to in subsection (a)(6)
(c) Definitions.--For purposes of this section:
(1) Amount and type of bomber force structure.--The term
``amount and type of bomber force structure'' means the
required numbers of B-2 aircraft, B-52 aircraft, and B-1
aircraft consistent with the requirements of the National
Security Strategy referred to in subsection (a)(1).
(2) Cost effective allocation of bomber force structure.--
The term ``cost effective allocation of bomber force
structure'' means the lowest cost for stationing,
maintaining, and operating the bomber fleet fully consistent
with the requirements of the National Security Strategy
referred to in subsection (a)(1).
SEC. 1047. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, are each
amended by striking the period after ``1111'' in the item
relating to chapter 56.
(2) Section 119(g)(2) is amended by striking ``National
Security Subcommittee'' and inserting ``Subcommittee on
Defense''.
(3) Section 130c(b)(3)(C) is amended by striking
``subsection (f)'' and inserting ``subsection (g)''.
(4) Section 176(a)(3) is amended by striking ``Chief
Medical Director'' and inserting ``Under Secretary for
Health''.
(5)(A) Section 503(c) is amended in paragraph (6)(A)(i) by
striking ``14101(18)'' and ``8801(18)'' and inserting
``14101'' and ``8801'', respectively.
(B) The amendment made by subparagraph (A) shall take
effect on July 1, 2002, immediately after the amendment to
such section effective that date by section 563(a) of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted by Public Law 106-398; 114 Stat. 131).
(6) Section 663(e) is amended--
(A) by striking ``Armed Forces Staff College'' in paragraph
(1) and inserting ``Joint Forces Staff College''; and
(B) by striking ``Armed Forces Staff College'' and
inserting ``Joint Forces Staff College''.
(7) Section 667(17) is amended by striking ``Armed Forces
Staff College'' both places it appears and inserting ``Joint
Forces Staff College''.
(8) Section 874(a) is amended by inserting after ``a
sentence of confinement for life without eligibility for
parole'' the following: ``that is adjudged for an offense
committed after October 29, 2000''.
(9) Section 1056(c)(2) is amended by striking ``, not later
than September 30, 1991,''.
(10) The table of sections at the beginning of chapter 55
is amended by transferring the item relating to section
1074i, as inserted by section 758(b) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-
[[Page H5822]]
200), so as to appear after the item relating to section
1074h.
(11) Section 1097a(e) is amended by striking ``section
1072'' and inserting ``section 1072(2)''.
(12) Sections 1111(a) and 1114(a)(1) are each amended by
striking ``hereafter'' and inserting ``hereinafter''.
(13) Section 1116 is amended--
(A) in subsection (a)(2)(B), by inserting an open
parenthesis before ``other than for training''; and
(B) in subsection (b)(2)(D), by striking ``section
111(c)(4)'' and inserting ``section 1115(c)(4)''.
(14) The heading for subchapter II of chapter 75 is
transferred within that chapter so as to appear before the
table of sections at the beginning of that subchapter (as if
the amendment made by section 721(c)(1) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 694) had inserted that heading following
section 1471 instead of before section 1475).
(15) Section 1611(d) is amended by striking ``with''.
(16) Section 2166(e)(9) is amended by striking ``App. 2''
and inserting ``App.''.
(17) Section 2323(a)(1)(C) is amended--
(A) by striking ``section 1046(3)'' and inserting ``section
365(3)'';
(B) by striking ``20 U.S.C. 1135d-5(3)'' and inserting ``20
U.S.C. 1067k''; and
(C) by striking ``, which, for the purposes of this
section'' and all that follows through the period at the end
and inserting a period.
(18) Section 2375(b) is amended by inserting ``(41 U.S.C.
430)'' after ``section 34 of the Office of Federal
Procurement Policy Act''.
(19) Section 2376(1) is amended by inserting ``(41 U.S.C.
403)'' after ``section 4 of the Office of Federal Procurement
Policy Act''.
(20) Section 2410f(a) is amended by inserting after
``inscription'' the following: ``, or another inscription
with the same meaning,''.
(21) Section 2461a(a)(2) is amended by striking
``effeciency'' and inserting ``efficiency''.
(22) Section 2467 is amended--
(A) in subsection (a)(2)--
(i) by striking ``, United States Code'' in subparagraph
(A); and
(ii) by striking ``such'' in subparagraphs (B) and (C); and
(B) in subsection (b)(2)(A), by striking ``United States
Code,''.
(23) Section 2535 is amended--
(A) in subsection (a)--
(i) by striking ``intent of Congress'' and inserting
``intent of Congress--'';
(ii) by realigning clauses (1), (2), (3), and (4) so that
each such clause appears as a separate paragraph indented two
ems from the left margin; and
(iii) in paragraph (1), as so realigned, by striking
``Armed Forces'' and inserting ``armed forces'';
(B) in subsection (b)(1)--
(i) by striking ``in this section, the Secretary is
authorized and directed to--'' and inserting ``in subsection
(a), the Secretary of Defense shall--''; and
(ii) by striking ``defense industrial reserve'' in
subparagraph (A) and inserting ``Defense Industrial
Reserve''; and
(C) in subsection (c)--
(i) by striking paragraph (1);
(ii) by redesignating paragraph (2) as paragraph (1) and in
that paragraph--
(I) by striking ``means'' and inserting ``means--'';
(II) by realigning clauses (A), (B), and (C) so that each
such clause appears as a separate subparagraph indented four
ems from the left margin; and
(III) by inserting ``and'' at the end of subparagraph (B),
as so realigned; and
(iii) by redesignating paragraph (3) as paragraph (2).
(24) Section 2541c is amended by striking ``subtitle'' both
places it appears in the matter preceding paragraph (1) and
inserting ``subchapter''.
(25) The second section 2555, added by section 1203(a) of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat.
1654A-324), is redesignated as section 2565, and the item
relating to that section in the table of sections at the
beginning of chapter 152 is revised to conform to such
redesignation.
(26) The second section 2582, added by section 1(a) of
Public Law 106-446 (114 Stat. 1932), is redesignated as
section 2583, and the item relating to that section in the
table of sections at the beginning of chapter 153 is revised
to conform to such redesignation.
(27)(A) Section 2693(a) is amended--
(i) in the matter preceding paragraph (1), by inserting
``of Defense'' after ``Secretary''; and
(ii) in paragraph (3)--
(I) by inserting ``to the Secretary of Defense'' after
``certifies'';
(II) by inserting ``(42 U.S.C. 3762a)'' after ``of 1968'';
and
(III) by striking ``to the public agencies referred to in
section 515(a)(1) or 515(a)(3) of title I of such Act'' and
inserting ``to a public agency referred to in paragraph (1)
or (3) of subsection (a) of such section''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 2693. Conveyance of certain property: Department of
Justice correctional options program''.
(ii) The item relating to such section in the table of
sections at the beginning of chapter 159 is amended to read
as follows:
``2693. Conveyance of certain property: Department of Justice
correctional options program.''.
(28) Section 3014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``67.''.
(29) Section 5014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``74.''.
(30) Section 8014(f)(3) is amended by striking ``the number
equal to'' and all that follows and inserting ``60.''.
(31) Section 9783(e)(1) is amended by striking
``40101(a)(2)'' and inserting ``40102(a)(2)''.
(32) Section 12741(a)(2) is amended by striking
``received'' and inserting ``receive''.
(b) Amendments Relating to Change in Title of Under
Secretary of Defense for Acquisition, Technology, and
Logistics.--Title 10, United States Code, is further amended
as follows:
(1) Section 133a(b) is amended by striking ``shall assist
the Under Secretary of Defense for Acquisition and
Technology'' and inserting ``shall assist the Under Secretary
of Defense for Acquisition, Technology, and Logistics''.
(2) The following provisions are each amended by striking
``Under Secretary of Defense for Acquisition and Technology''
and inserting ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'': sections 139(c), 139(f),
171(a)(3), 179(a)(1), 1702, 1703, 1707(a), 1722(a),
1722(b)(2)(B), 1735(c)(1), 1737(c)(1), 1737(c)(2)(B),
1741(b), 1746(a), 1761(b)(4), 1763, 2302c(a)(2),
2304(f)(1)(B)(iii), 2304(f)(6)(B), 2311(c)(1), 2311(c)(2)(B),
2350a(b)(2), 2350a(e)(1)(A), 2350a(e)(2)(B), 2350a(f)(1),
2399(b)(3), 2435(b), 2435(d)(2), 2521(a), and 2534(i)(3).
(3)(A) The heading for section 1702 is amended to read as
follows:
``Sec. 1702. Under Secretary of Defense for Acquisition,
Technology, and Logistics: authorities and
responsibilities''.
(B) The item relating to section 1702 in the table of
sections at the beginning of subchapter I of chapter 87 is
amended to read as follows:
``1702. Under Secretary of Defense for Acquisition, Technology, and
Logistics: authorities and responsibilities.''.
(4) Section 2503(b) is amended by striking ``Under
Secretary of Defense for Acquisition'' and inserting ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics''.
(c) Amendments To Substitute Calendar Dates for Date-of-
Enactment References.--Title 10, United States Code, is
further amended as follows:
(1) Section 130c(d)(1) is amended by striking ``the date of
the enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001'' and inserting
``October 30, 2000,''.
(2) Section 184(a) is amended by striking ``the date of the
enactment of this section,'' and inserting ``October 30,
2000,''.
(3) Section 986(a) is amended by striking ``the date of the
enactment of this section,'' and inserting ``October 30,
2000,''.
(4) Section 1074g(a)(8) is amended by striking ``the date
of the enactment of this section'' and inserting ``October 5,
1999,''.
(5) Section 1079(h)(2) is amended by striking ``the date of
the enactment of this paragraph'' and inserting ``February
10, 1996,''.
(6) Section 1206(5) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2000,'' and inserting ``October 5, 1999,''.
(7) Section 1405(c)(1) is amended by striking ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1995,'' and inserting ``October 5, 1994,''.
(8) Section 1407(f)(2) is amended by striking ``the date of
the enactment of this subsection--'' and inserting ``October
30, 2000--''.
(9) Section 1408(d)(6) is amended by striking ``the date of
the enactment of this paragraph'' and inserting ``August 22,
1996,''.
(10) Section 1511(b) is amended by striking ``the date of
the enactment of this chapter.'' and inserting ``February 10,
1996.''.
(11) Section 2461a(b)(1) is amended by striking ``the date
of the enactment of this section,'' and inserting ``October
30, 2000,''.
(12) Section 4021(c)(1) is amended by striking ``the date
of the enactment of this section.'' and inserting ``November
29, 1989.''.
(13) Section 6328(a) is amended by striking ``the date of
the enactment of this section'' and inserting ``February 10,
1996,''.
(14) Section 7439 is amended--
(A) in subsection (a)(2), by striking ``one year after the
date of the enactment of this section,'' and inserting
``November 18, 1998,'';
(B) in subsection (b)(1), by striking ``the date of the
enactment of this section,'' and inserting ``November 18,
1997,'';
(C) in subsection (b)(2), by striking ``the end of the one-
year period beginning on the date of the enactment of this
section.'' and inserting ``November 18, 1998.''; and
(D) in subsection (f)(2), by striking ``the date of the
enactment of this section'' and inserting ``November 18,
1997,''.
(15) Section 12533 is amended--
(A) in each of subsections (b) and (c)(1), by striking
``the date of the enactment of this section.'' and inserting
``November 18, 1997.''; and
(B) in each of subsections (c)(2) and (d), by striking
``the date of the enactment of this section'' and inserting
``November 18, 1997,''.
(16) Section 12733(3) is amended--
(A) in subparagraph (B), by striking ``the date of the
enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001;'' and inserting
``October 30, 2000;''; and
(B) in subparagraph (C), by striking ``the date of the
enactment of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001'' and inserting
``October 30, 2000,''.
(d) Amendments Relating to Change in Title of McKinney-
Vento Homeless Assistance Act.--The following provisions are
each amended by striking ``Stewart B. McKinney Homeless
Assistance Act'' and inserting ``McKinney-Vento Homeless
Assistance Act'':
[[Page H5823]]
(1) Sections 2814(j)(2), 2854a(d)(2), and 2878(d)(4) of
title 10, United States Code.
(2) Sections 2905(b)(6)(A) and 2910(11) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
(3) Section 204(b)(6)(A) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note).
(4) Section 2915(c)(10) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 2687 note).
(5) Section 2(e)(4)(A) of the Base Closure Community
Redevelopment and Homeless Assistance Act of 1994 (Public Law
103-421; 10 U.S.C. 2687 note).
(6) Section 1053(a) of the National Defense Authorization
Act for Fiscal Year 1997 (110 Stat. 2650).
(e) Amendments To Repeal Obsolete Provisions.--Title 10,
United States Code, is further amended as follows:
(1) Section 1144 is amended--
(A) in subsection (a)(3), by striking the second sentence;
and
(B) by striking subsection (e).
(2) Section 1581(b) is amended--
(A) by striking ``(1)'' and all that follows through ``The
Secretary of Defense shall deposit'' and inserting ``The
Secretary of Defense shall deposit''; and
(B) by striking ``on or after December 5, 1991,''.
(3) Subsection (e) of section 1722 is repealed.
(4) Subsection 1732(a) is amended by striking the second
sentence.
(5) Section 1734 is amended--
(A) in subsection (b)(1)(B), by striking ``on and after
October 1, 1991,''; and
(B) in subsection (e)(2), by striking the last sentence.
(6)(A) Section 1736 is repealed.
(B) The table of sections at the beginning of subchapter
III of chapter 87 is amended by striking the item relating to
section 1736.
(7)(A) Sections 1762 and 1764 are repealed.
(B) The table of sections at the beginning of subchapter V
of chapter 87 is amended by striking the items relating to
sections 1762 and 1764.
(8) Section 2112(a) is amended by striking ``, with the
first class graduating not later than September 21, 1982''.
(9) Section 2218(d)(1) is amended by striking ``for fiscal
years after fiscal year 1993''.
(10)(A) Section 2468 is repealed.
(B) The table of sections at the beginning of chapter 146
is amended by striking the item relating to section 2468.
(11) Section 2832 is amended--
(A) by striking ``(a)'' before ``The Secretary of
Defense''; and
(B) by striking subsection (b).
(12) Section 7430(b)(2) is amended--
(A) by striking ``at a price less than'' and all that
follows through ``the current sales price'' and inserting
``at a price less than the current sales price'';
(B) by striking ``; or'' and inserting a period; and
(C) by striking subparagraph (B).
(f) Public Law 106-398.--Effective as of October 30, 2000,
and as if included therein as enacted, the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398) is amended as
follows:
(1) Section 525(b)(1) (114 Stat. 1654A-109) is amended by
striking ``subsection (c)'' and inserting ``subsections (a)
and (b)''.
(2) Section 1152(c)(2) (114 Stat. 1654A-323) is amended by
inserting ``inserting'' after ``and''.
(g) Public Law 106-65.--Effective as of October 5, 1999,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) is
amended as follows:
(1) Section 531(b)(2)(A) (113 Stat. 602) is amended by
inserting ``in subsection (a),'' after ``(A)''.
(2) Section 549(a)(2) (113 Stat. 611) is amended by
striking ``such chapter'' and inserting ``chapter 49 of title
10, United States Code,''.
(3) Section 576(a)(3) (10 U.S.C. 1501 note; 113 Stat. 625)
is amended by adding a period at the end.
(4) Section 577(a)(2) (113 Stat. 625) is amended by
striking ``bad conduct'' in the first quoted matter and
inserting ``bad-conduct''.
(5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302 note; 113 Stat.
709) is amended by striking ``Mentor-Protegee'' and inserting
``Mentor-Protege''.
(6) Section 1052(b)(1) (113 Stat. 764) is amended by
striking `` `The Department'' and inserting ``the
`Department''.
(7) Section 1053(a)(5) (10 U.S.C. 113 note; 113 Stat. 764)
is amended by inserting ``and'' before ``Marines''.
(8) Section 1402(f)(2)(A) (22 U.S.C. 2778 note; 113 Stat.
799) is amended by striking ``3201 note'' and inserting
``6305(4)''.
(9) Section 2902(d) (10 U.S.C. 111 note; 113 Stat. 882) is
amended by striking ``section 2871(b)'' and inserting
``section 2881(b)''.
(h) Public Law 102-484.--The National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484) is amended as
follows:
(1) Section 3161(c)(6)(C) (42 U.S.C. 7274h(c)(6)(C)) is
amended by striking ``title IX of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3241 et seq.)''
and inserting ``title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.)''.
(2) Section 4416(b)(1) (10 U.S.C. 12681 note) is amended by
striking ``force reduction period'' and inserting ``force
reduction transition period''.
(3) Section 4461(5) (10 U.S.C. 1143 note) is amended by
adding a period at the end.
(i) Other Laws.--
(1) Section 1083(c) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 113
note) is amended by striking ``Names'' and inserting
``Name''.
(2) Section 845(d)(1)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
10 U.S.C. 2371 note) is amended by inserting a closed
parenthesis after ``41 U.S.C. 414(3))''.
(3) Section 1123(b) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103
Stat. 1556) is amended by striking ``Armed Forces Staff
College'' each place it appears and inserting ``Joint Forces
Staff College''.
(4) Section 1412(g)(2)(C)(vii) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)(2)(C)(vii)) is
amended by striking ``(c)(3)'' and inserting ``(c)(4)''.
(5) Section 8336 of title 5, United States Code, is
amended--
(A) in subsection (d)(2), by striking ``subsection (o)''
and inserting ``subsection (p)''; and
(B) by redesignating the second subsection (o), added by
section 1152(a)(2) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398; 114 Stat. 1654A-320), as subsection (p).
(6) Section 9001(3) of title 5, United States Code, is
amended by striking ``and'' at the end of subparagraph (A)
and inserting ``or''.
(7) Section 318(h)(3) of title 37, United States Code, is
amended by striking ``subsection (a)'' and inserting
``subsection (b)''.
(8) Section 3695(a)(5) of title 38, United States Code, is
amended by striking ``1610'' and inserting ``1611''.
(9) Section 13(b) of the Peace Corps Act (22 U.S.C.
2512(b)) is amended by striking ``, subject to section 5532
of title 5, United States Code''.
(10) Section 127(g)(6) of the Trade Deficit Review
Commission Act (19 U.S.C. 2213 note), as amended by section
311(b) of the Legislative Branch Appropriations Act, 2000
(Public Law 106-57; 113 Stat. 428), is amended--
(A) by striking ``authorities.--'' and all that follows
through ``An individual'' and inserting ``authorities.--An
individual''; and
(B) by striking subparagraph (B).
(11) Section 28 of the Atomic Energy Act of 1954 (42 U.S.C.
2038) is amended in the last sentence by striking '', subject
to'' and all that follows through the period at the end and
inserting a period.
(12) Section 3212 of the National Nuclear Security
Administration Act (50 U.S.C. 2402) is amended by
redesignating the second subsection (e), added by section
3159(a) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted by Public Law 106-398;
114 Stat. 1654A-469), as subsection (f).
TITLE XI--CIVILIAN PERSONNEL
SEC. 1101. UNDERGRADUATE TRAINING PROGRAM FOR EMPLOYEES OF
THE NATIONAL IMAGERY AND MAPPING AGENCY.
(a) Authority To Carry Out Training Program.--Subchapter
III of chapter 22 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 462. Undergraduate training program
``(a) Authority To Carry Out Program.--The Secretary of
Defense may authorize the Director of the National Imagery
and Mapping Agency to establish an undergraduate training
program under which civilian employees of the National
Imagery and Mapping Agency may be assigned as students at
accredited professional, technical, and other institutions of
higher learning for training at the undergraduate level in
skills critical to effective performance of the mission of
the National Imagery and Mapping Agency. Such training may
lead to the award of a baccalaureate degree.
``(b) Purpose.--The purpose of the program authorized by
subsection (a) is to facilitate the recruitment of
individuals, particularly minority high school students, with
a demonstrated capability to develop skills critical to the
mission of the National Imagery and Mapping Agency, including
skills in mathematics, computer science, engineering, and
foreign languages.
``(c) Requirements.--(1) To be eligible for assignment
under subsection (a), an employee of the National Imagery and
Mapping Agency must agree in writing--
``(A) to continue in the service of the National Imagery
and Mapping Agency for the period of the assignment and to
complete the educational course of training for which the
employee is assigned;
``(B) to continue in the service of the National Imagery
and Mapping Agency following completion of the assignment for
a period of one-and-a-half years for each year of the
assignment or part thereof;
``(C) to reimburse the United States for the total cost of
education (excluding the employee's pay and allowances)
provided under this section to the employee if, before the
employee's completing the educational course of training for
which the employee is assigned, the assignment or the
employee's employment with the National Imagery and Mapping
Agency is terminated either by the National Imagery and
Mapping Agency due to misconduct by the employee or by the
employee voluntarily; and
``(D) to reimburse the United States if, after completing
the educational course of training for which the employee is
assigned, the employee's employment with the National Imagery
and Mapping Agency is terminated either by the National
Imagery and Mapping Agency due to misconduct by the employee
or by the employee voluntarily, before the employee's
completion of the service obligation period described in
subparagraph (B), in an amount that bears the same ratio to
the total cost of the education (excluding the employee's pay
and allowances) provided to the employee as the unserved
portion of the service obligation period described in
subparagraph (B) bears to the total period of the service
obligation described in subparagraph (B).
[[Page H5824]]
``(2) Subject to paragraph (3), the obligation to reimburse
the United States under an agreement described in paragraph
(1), including interest due on such obligation, is for all
purposes a debt owing the United States.
``(3)(A) A discharge in bankruptcy under title 11, United
States Code, shall not release a person from an obligation to
reimburse the United States required under an agreement
described in paragraph (1) if the final decree of the
discharge in bankruptcy is issued within five years after the
last day of the combined period of service obligation
described in subparagraphs (A) and (B) of paragraph (1).
``(B) The Secretary of Defense may release a person, in
whole or in part, from the obligation to reimburse the United
States under an agreement described in paragraph (1) when, in
his discretion, the Secretary determines that equity or the
interests of the United States so require.
``(C) The Secretary of Defense shall permit an employee
assigned under this section who, before commencing a second
academic year of such assignment, voluntarily terminates the
assignment or the employee's employment with the National
Imagery and Mapping Agency, to satisfy his obligation under
an agreement described in paragraph (1) by reimbursing the
United States according to a schedule of monthly payments
which results in completion of reimbursement by a date five
years after the date of termination of the assignment or
employment or earlier at the option of the employee.
``(d) Disclosure Required.--(1) When an employee is
assigned under this section to an institution, the Secretary
shall disclose to the institution to which the employee is
assigned that the National Imagery and Mapping Agency employs
the employee and that the National Imagery and Mapping Agency
funds the employee's education.
``(2) Efforts by the Secretary to recruit individuals at
educational institutions for participation in the
undergraduate training program established by this section
shall be made openly and according to the common practices of
universities and employers recruiting at such institutions.
``(e) Appropriation of Funds Required.--The Secretary may
pay, directly or by reimbursement to employees, expenses
incident to assignments under subsection (a), in any fiscal
year only to the extent that appropriated funds are available
for such purpose.
``(f) Inapplicability of Certain Laws.--Chapter 41 of title
5 and subsections (a) and (b) of section 3324 of title 31
shall not apply with respect to this section.
``(g) Regulations.--The Secretary of Defense may prescribe
such regulations as may be necessary to implement this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``462. Undergraduate training program.''.
SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING EXPENSES.
(a) Authority To Carry Out Pilot Program.--(1) The
Secretary of Defense may establish a pilot program to
facilitate the reemployment of eligible employees of the
Department of Defense who are involuntarily separated due to
a reduction in force, relocation as a result of a transfer of
function, realignment, or change of duty station. Under the
pilot program, the Secretary may pay retraining incentives to
encourage non-Federal employers to hire and retain such
eligible employees.
(2) Under the pilot program, the Secretary may enter into
an agreement with a non-Federal employer under which the
employer agrees--
(A) to employ an eligible employee for at least 12 months
at a salary that is mutually agreeable to the employer and
the eligible employee; and
(B) to certify to the Secretary the amount of costs
incurred by the employer for any necessary training (as
defined by the Secretary) provided to such eligible employee
in connection with the employment.
(3) The Secretary may pay a retraining incentive to the
non-Federal employer upon the employee's completion of 12
months of continuous employment with that employer. The
Secretary shall determine the amount of the incentive, except
that in no event may such amount exceed the amount certified
with respect to such eligible employee under paragraph
(2)(A), or $10,000, whichever is greater.
(4) In a case in which an eligible employee does not remain
employed by the non-Federal employer for at least 12 months,
the Secretary may pay to the employer a prorated amount of
what would have been the full retraining incentive if the
eligible employee had remained employed for such 12-month
period.
(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 for a
continuous period of at least 12 months and who has been
given notice of separation pursuant to a reduction in force,
relocation as a result of a transfer of function,
realignment, or change of duty station, except that such term
does not include--
(1) a reemployed annuitant under the retirement systems
described in subchapter III of chapter 83 of title 5, United
States Code, or chapter 84 of such title, or another
retirement system for employees of the Federal Government;
(2) an employee who, upon separation from Federal service,
is eligible for an immediate annuity under subchapter III of
chapter 83 of such title, or subchapter II of chapter 84 of
such title; or
(3) an employee who is eligible for disability retirement
under any of the retirement systems referred to in paragraph
(1).
(c) Duration.--No incentive may be paid under the pilot
program for training commenced after September 30, 2005.
(d) 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, United States Code, or an entity in the legislative
or judicial branch of the Federal Government.
(2) The term ``reduction in force'' has the meaning of that
term as used in chapter 35 of such title 5.
(3) The term ``realignment'' has the meaning given that
term in section 2910 of the Defense Base Closure and
Realignment Act of 1990 (title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
SEC. 1103. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL
CREDENTIALS.
(a) In General.--Chapter 57 of title 5, United States Code,
is amended by adding at the end the following new section:
``Sec. 5757. Payment of expenses to obtain professional
credentials
``(a) An agency may use appropriated funds or funds
otherwise available to the agency to pay for--
``(1) expenses for employees to obtain professional
credentials, including expenses for professional
accreditation, State-imposed and professional licenses, and
professional certification; and
``(2) examinations to obtain such credentials.
``(b) The authority under subsection (a) may not be
exercised on behalf of any employee occupying or seeking to
qualify for appointment to any position that is excepted from
the competitive service because of the confidential, policy-
determining, policy-making, or policy-advocating character of
the position.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``5757. Payment of expenses to obtain professional credentials.''.
SEC. 1104. RETIREMENT PORTABILITY ELECTIONS FOR CERTAIN
DEPARTMENT OF DEFENSE AND COAST GUARD
EMPLOYEES.
(a) Civil Service Retirement System.--Section 8347(q) of
title 5, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``has 5 or more years
of civilian service creditable under'' and inserting ``is
employed subject to''; and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term `vested participant' is
defined by such system''.
(b) Federal Employees' Retirement System.--Section 8461(n)
of such title is amended--
(1) in paragraph (1)(B), by striking ``has 5 or more years
of civilian service creditable under'' and inserting ``is
employed subject to''; and
(2) in paragraph (2)(B)--
(A) by striking ``vested''; and
(B) by striking ``, as the term `vested participant' is
defined by such system''.
SEC. 1105. REMOVAL OF REQUIREMENT THAT GRANTING CIVIL SERVICE
COMPENSATORY TIME BE BASED ON AMOUNT OF
IRREGULAR OR OCCASIONAL OVERTIME WORK.
Section 5543 of title 5, United States Code, is amended by
striking ``irregular or occasional'' in each place such words
appear.
SEC. 1106. APPLICABILITY OF CERTAIN LAWS TO CERTAIN
INDIVIDUALS ASSIGNED TO WORK IN THE FEDERAL
GOVERNMENT.
Section 3374(c)(2) of title 5, United States Code, is
amended by inserting ``the Ethics in Government Act of 1978,
section 1043 of the Internal Revenue Code of 1986, section 27
of the Office of Federal Procurement Policy Act,'' after
``chapter 73 of this title,''.
SEC. 1107. LIMITATION ON PREMIUM PAY.
Section 5547 of title 5, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) An employee may be paid premium pay under sections
5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) of
this title only to the extent that the aggregate of such
employee's basic pay and premium pay under those provisions
would, in any calendar year, exceed the maximum rate payable
for GS-15 in effect at the end of such calendar year.
``(b) Subsection (a) shall not apply to any employee of the
Federal Aviation Administration or the Department of Defense
who is paid premium pay under section 5546a of this title.'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Subsections (a) and
(b)'' and inserting ``Subsection (a)''; and
(B) in paragraph (2), by striking ``pay period'' and
inserting ``calendar year''.
SEC. 1108. USE OF COMMON OCCUPATIONAL AND HEALTH STANDARDS AS
A BASIS FOR DIFFERENTIAL PAYMENTS MADE AS A
CONSEQUENCE OF EXPOSURE TO ASBESTOS.
(a) Prevailing Rate Systems.--Section 5343(c)(4) of title
5, United States Code, is amended by inserting before the
semicolon the following: ``(and for any hardship or hazard
related to asbestos, such differentials shall be determined
by applying occupational safety and health standards
consistent with the permissible exposure limit promulgated by
the Secretary of Labor under the Occupational Safety and
Health Act of 1970)''.
(b) General Schedule Pay Rates.--The first sentence of
section 5545(d) of such title is amended by inserting before
the period the following: ``(and for any hardship or hazard
related to asbestos, such differentials shall be determined
by applying occupational safety and
[[Page H5825]]
health standards consistent with the permissible exposure
limit promulgated by the Secretary of Labor under the
Occupational Safety and Health Act of 1970)''.
(c) Applicability.--Any administrative or judicial
determination made after the date of enactment of this Act
concerning differential back payments related to asbestos
under section 5343(c)(4) or 5545(d) of such title shall be
based on the occupational safety and health standards
described in such section, respectively.
SEC. 1109. AUTHORITY FOR DESIGNATED CIVILIAN EMPLOYEES ABROAD
TO ACT AS A NOTARY.
(a) In General.--Paragraph (4) of section 1044a(b) of title
10, United States Code, is amended--
(1) by inserting ``and, when outside the United States, all
civilian employees of the Department of Defense,'' after
``duty status,''; and
(2) by inserting ``or the Department of Defense'' before
``or by statute''.
(b) Clarification of Status of Civilian Attorneys Acting as
a Notary.--Paragraph (2) of such section is amended by
striking ``legal assistance officers'' and inserting ``legal
assistance attorneys''.
SEC. 1110. ``MONRONEY AMENDMENT'' RESTORED TO ITS PRIOR FORM.
Paragraph (2) of section 5343(d) of title 5, United States
Code, is amended to read as such paragraph last read before
the enactment of section 1242 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 99 Stat. 735).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR TEST
MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS.
Section 2565 of title 10, United States Code, as
redesignated by section 1047(a)(25), is amended--
(1) in subsection (a)--
(A) by striking ``Convey or'' in the subsection heading and
inserting ``Transfer Title to or Otherwise'';
(B) in paragraph (1)--
(i) by striking ``convey'' and inserting ``transfer
title''; and
(ii) by striking ``and'' after ``equipment;'';
(C) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(3) inspect, test, maintain, repair, or replace any such
equipment.''; and
(2) in subsection (b)--
(A) by striking ``conveyed or otherwise provided'' and
inserting ``provided to a foreign government'';
(B) by inserting ``and'' at the end of paragraph (1);
(C) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(D) by striking paragraph (3).
SEC. 1202. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY
FORCES.
Section 5 of the Multinational Force and Observers
Participation Resolution (22 U.S.C. 3424) is amended by
adding at the end the following new subsection:
``(d)(1) The United States may use contractors to provide
logistical support to the Multinational Force and Observers
under this section in lieu of providing such support through
a logistical support unit comprised of members of the United
States Armed Forces.
``(2) Notwithstanding subsections (a) and (b) and section
7(b), support by a contractor under this subsection may be
provided without reimbursement, whenever the President
determines that such action enhances or supports the national
security interests of the United States.''.
SEC. 1203. REPORT ON THE SALE AND TRANSFER OF MILITARY
HARDWARE, EXPERTISE, AND TECHNOLOGY FROM STATES
OF THE FORMER SOVIET UNION TO THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C.
113 note) is amended by adding at the end the following new
subsection:
``(d) Report on Sales and Transfers From States of the
Former Soviet Union to China.--(1) The report to be submitted
under this section not later than March 1, 2002, shall
include in a separate section a report describing the sales
and transfer of military hardware, expertise, and technology
from states of the former Soviet Union to the People's
Republic of China. The report shall set forth the history of
such sales and transfers since 1990, forecast possible future
sales and transfers, and address the implications of those
sales and transfers for the security of the United States and
its friends and allies in Asia.
``(2) The report shall include analysis and forecasts of
the following matters related to military cooperation between
states of the former Soviet Union and the People's Republic
of China:
``(A) The policy of each of those states with respect to
arms sales to, and military cooperation with, the People's
Republic of China.
``(B) Any laws or regulations of those states that could
prohibit or limit such sales or cooperation.
``(C) The extent in each of those states of government
knowledge, cooperation, or condoning of sales or transfers of
military hardware, expertise, or technology to the People's
Republic of China.
``(D) An itemization of sales or transfers of military
hardware, expertise, or technology from any of those states
to the People's Republic of China that have taken place since
1990, with a particular focus on command, control,
communications, and intelligence systems.
``(E) A description of any sale or transfer of military
hardware, expertise, or technology from any of those states
to the People's Republic of China that is currently under
negotiation or contemplation through the end of 2005.
``(F) Identification of Chinese defense industries in which
technicians from states of the former Soviet Union are
working and of defense industries of those states in which
Chinese technicians are working and a description in each
case of the extent and the nature of the work performed by
such technicians.
``(G) The extent of assistance by any of those states to
key research and development programs of China, including
programs for development of weapons of mass destruction and
delivery vehicles for such weapons, programs for development
of advanced conventional weapons, and programs for
development of unconventional weapons.
``(H) The extent of assistance by any of those states to
information warfare or electronic warfare programs of China.
``(I) The extent of assistance by any of those states to
manned and unmanned space operations of China.
``(J) The extent to which arms sales by any of those states
to the People's Republic of China are a source of funds for
military research and development or procurement programs in
the selling state.
``(3) The report under paragraph (1) shall include, with
respect to each area of analysis and forecasts specified in
paragraph (2)--
``(A) an assessment of the military effects of such sales
or transfers to entities in the People's Republic of China;
``(B) an assessment of the ability of the People's
Liberation Army to assimilate such sales or transfers, mass
produce new equipment, or develop doctrine for use; and
``(C) the potential threat of developments related to such
effects on the security interests of the United States and
its friends and allies in Asia.''.
SEC. 1204. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE
CENTER.
(a) Limitation.--Funds made available to the Department of
Defense for fiscal year 2002 may not be obligated or expended
for any activity associated with the Joint Data Exchange
Center in Moscow, Russia, until--
(1) the United States and the Russian Federation enter into
a cost-sharing agreement as described in subsection (d) of
section 1231 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted into law
by Public Law 106-398 (114 Stat. 1654A-329);
(2) the United States and the Russian Federation enter into
an agreement or agreements exempting the United States and
any United States person from Russian taxes, and from
liability under Russian laws, with respect to activities
associated with the Joint Data Exchange Center;
(3) the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a copy of each
agreement referred to in paragraphs (1) and (2); and
(4) a period of 30 days has expired after the date of the
final submission under paragraph (3).
(b) Joint Data Exchange Center.--For purposes of this
section, the term ``Joint Data Exchange Center'' means the
United States-Russian Federation joint center for the
exchange of data to provide early warning of launches of
ballistic missiles and for notification of such launches that
is provided for in a joint United States-Russian Federation
memorandum of agreement signed in Moscow in June 2000.
SEC. 1205. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE UNDER
WEAPONS OF MASS DESTRUCTION ACT FOR SUPPORT OF
UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2002.--The total amount of the assistance for fiscal year
2002 that is provided by the Secretary of Defense under
section 1505 of the Weapons of Mass Destruction Control Act
of 1992 (22 U.S.C. 5859a) as activities of the Department of
Defense in support of activities under that Act may not
exceed $15,000,000. Such assistance may be provided for
fiscal year 2002 only to support activities of an
organization established for the purpose of (or otherwise
given the mission of providing) a comprehensive accounting
for all items, facilities, and capabilities in Iraq related
to weapons of mass destruction.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended
by striking ``2001'' and inserting ``2002''.
(c) Change of Quarterly Report Requirement to Annual
Report.--(1) Subsection (e)(1) of such section is amended--
(A) by striking ``quarter of a'' in the first sentence; and
(B) by striking ``(for the preceding quarter and
cumulatively)'' and inserting ``for the preceding fiscal
year''.
(2) The amendments made by subsection (a) shall take effect
on November 1, 2001, or the date of the enactment of this
Act, whichever is later.
SEC. 1206. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS ON
MILITARY DEPLOYMENTS TO HAITI.
Section 1232(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 788) is
repealed.
[[Page H5826]]
SEC. 1207. REPORT BY COMPTROLLER GENERAL ON PROVISION OF
DEFENSE ARTICLES, SERVICES, AND MILITARY
EDUCATION AND TRAINING TO FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
(a) Study.--The Comptroller General shall conduct a study
of the following:
(1) The benefits derived by each foreign country or
international organization from the receipt of defense
articles, defense services, or military education and
training provided after December 31, 1989, pursuant to the
drawdown of such articles, services, or education and
training from the stocks of the Department of Defense under
section 506, 516, or 552 of the Foreign Assistance Act of
1961 (22 U.S.C. 2318, 2321j, or 2348a) or any other provision
of law.
(2) Any benefits derived by the United States from the
provision of defense articles, defense services, and military
education and training described in paragraph (1).
(3) The affect on the readiness of the Armed Forces as a
result of the provision by the United States of defense
articles, defense services, and military education and
training described in paragraph (1).
(4) The cost to the Department of Defense with respect to
the provision of defense articles, defense services, and
military education and training described in paragraph (1).
(b) Reports.--(1) Not later than April 15, 2002, the
Comptroller General shall submit to Congress an interim
report containing the results to that date of the study
conducted under subsection (a).
(2) Not later than August 1, 2002, the Comptroller General
shall submit to Congress a final report containing the
results of the study conducted under subsection (a).
SEC. 1208. LIMITATION ON NUMBER OF MILITARY PERSONNEL IN
COLOMBIA.
(a) Limitation.--None of the funds available to the
Department of Defense may be used to support or maintain more
than 500 members of the Armed Forces on duty in the Republic
of Colombia at any time.
(b) Exceptions.--There shall be excluded from counting for
the purposes of the limitation in subsection (a) the
following:
(1) A member of the Armed Forces in the Republic of
Colombia for the purpose of rescuing or retrieving United
States military or civilian Government personnel, except that
the period for which such a member may be so excluded may not
exceed 30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to the United
States Embassy in Colombia as an attache, as a member of the
security assistance office, or as a member of the Marine
Corps security contingent.
(3) A member of the Armed Forces in Colombia to participate
in relief efforts in responding to a natural disaster.
(4) Nonoperational transient military personnel.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2002 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2002
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $403,000,000
authorized to be appropriated to the Department of Defense
for fiscal year 2002 in section 301(23) for Cooperative
Threat Reduction programs, not more than the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$133,400,000.
(2) For strategic nuclear arms elimination in Ukraine,
$51,500,000.
(3) For nuclear weapons transportation security in Russia,
$9,500,000.
(4) For nuclear weapons storage security in Russia,
$56,000,000.
(5) For biological weapons proliferation prevention
activities in the former Soviet Union, $17,000,000.
(6) For activities designated as Other Assessments/
Administrative Support, $13,200,000.
(7) For defense and military contacts, $18,700,000.
(8) For activities related to the construction of a
chemical weapons destruction facility in Russia, $35,000,000.
(9) For elimination of chemical weapons production
facilities in Russia, $15,000,000.
(10) For weapons of mass destruction infrastructure
elimination activities in Kazakhstan, $6,000,000.
(11) For weapons of mass destruction infrastructure
elimination activities in Ukraine, $6,000,000.
(12) For activities to assist Russia in the elimination of
plutonium production reactors, $41,700,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2002 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (12) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2002 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2002 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in
subsection (a)(3) or any of paragraphs (5) through (12) of
subsection (a) in excess of 115 percent of the amount
specifically authorized for such purposes.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION
OF REPORTS.
No fiscal year 2002 Cooperative Threat Reduction funds may
be obligated or expended until 30 days after the date of the
submission of--
(1) the report required to be submitted in fiscal year 2001
under section 1308(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted in Public
Law 106-398; 114 Stat. 1654A-341); and
(2) the multiyear plan required to be submitted for fiscal
year 2001 under section 1308(h) of such Act.
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES
CARRIED OUT UNDER COOPERATIVE THREAT REDUCTION
PROGRAMS.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report describing how the Secretary plans to monitor the use
of revenue generated by activities carried out under
Cooperative Threat Reduction programs in Russia and Ukraine.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING
OF FISSILE MATERIAL STORAGE FACILITY.
(a) Prohibition.--No funds authorized to be appropriated
for Cooperative Threat Reduction programs for any fiscal year
may be used for the design, planning, or construction of a
second wing for a storage facility for Russian fissile
material.
(b) Conforming Amendment.--Section 1304 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted in Public Law 106-398; 114 Stat. 1654A-341)
is amended to read as follows:
``SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL
STORAGE FACILITY.
Out of funds authorized to be appropriated for Cooperative
Threat Reduction programs for fiscal year 2001 or any other
fiscal year, not more than $412,600,000 may be used for
planning, design, or construction of the first wing for the
storage facility for Russian fissile material referred to in
section 1302(a)(5).''.
SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CONSTRUCTION
OR REFURBISHMENT OF CERTAIN FOSSIL FUEL ENERGY
PLANTS.
Section 1307 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted in Public
Law 106-398; 114 Stat. 1654A-341) is amended--
(1) by striking the heading and inserting the following new
heading:
``SEC. 1307. PROHIBITION AGAINST USE OF FUNDS FOR
CONSTRUCTION OR REFURBISHMENT OF FOSSIL FUEL
ENERGY PLANTS; REPORT.''; AND
(2) by striking subsection (a) and inserting the following
new subsection:
``(a) Prohibition.--No funds appropriated for Cooperative
Threat Reduction programs for any fiscal year may be used for
the construction or refurbishment of a fossil fuel energy
plant intended to provide power to local communities that
receive power from nuclear energy plants that produce
plutonium.''.
SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER
COOPERATIVE THREAT REDUCTION PROGRAMS.
Section 1308(c)(4) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted in Public
Law 106-398; 114 Stat. 1654A-342) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``audits'' and all that follows through
``conducted'' and inserting ``means (including program
management, audits, examinations, and other means) used'';
and
(B) by striking ``and that such assistance is being used
for its intended purpose'' and inserting ``, that such
assistance is being used for its intended purpose, and that
such assistance is being used efficiently and effectively'';
(2) in subparagraph (C), by inserting ``and an assessment
of whether the assistance being provided is being used
effectively and efficiently'' before the semicolon; and
[[Page H5827]]
(3) in subparagraph (D), by striking ``audits,
examinations, and other''.
SEC. 1308. REPORT ON RESPONSIBILITY FOR CARRYING OUT
COOPERATIVE THREAT REDUCTION PROGRAMS.
Not later than March 15, 2002, the Secretary of Defense
shall submit to Congress a report describing--
(1) the rationale for executing Cooperative Threat
Reduction programs under the auspices of the Department of
Defense and the justification for maintaining responsibility
for any particular project carried out through Cooperative
Threat Reduction programs with the Department of Defense;
(2) options for transferring responsibility for carrying
out Cooperative Threat Reduction programs to an executive
agency (or agencies) other than the Department of Defense, if
appropriate; and
(3) how such a transfer might be carried out.
SEC. 1309. CHEMICAL WEAPONS DESTRUCTION.
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794) is
amended by inserting before the period at the end the
following: ``until the Secretary of Defense submits to
Congress a certification that there has been--
``(1) full and accurate disclosure by Russia of the size of
its existing chemical weapons stockpile;
``(2) a demonstrated annual commitment by Russia to
allocate at least $25,000,000 to chemical weapons
elimination;
``(3) development by Russia of a practical plan for
destroying its stockpile of nerve agents;
``(4) enactment of a law by Russia that provides for the
elimination of all nerve agents at a single site; and
``(5) an agreement by Russia to destroy its chemical
weapons production facilities at Volgograd and
Novocheboksark''.
TITLE XIV--DEFENSE SPACE REORGANIZATION
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Space
Reorganization Act of 2001''.
SEC. 1402. AUTHORITY TO ESTABLISH POSITION OF UNDER SECRETARY
OF DEFENSE FOR SPACE, INTELLIGENCE, AND
INFORMATION.
(a) Authority To Establish Position.--The President may
establish in the Department of Defense the position of Under
Secretary of Defense for Space, Intelligence, and
Information. If that position is so established, the Under
Secretary of Defense for Space, Intelligence, and Information
shall perform duties and exercise powers as set forth in
section 137 of title 10, United States Code, as added by
subsection (e).
(b) Deadline for Exercise of Authority.--The authority
provided in subsection (a) may not be exercised after
December 31, 2003.
(c) Notice of Exercise of Authority.--(1) If the authority
provided in subsection (a) is exercised, the President shall
immediately submit to Congress notification in writing of the
establishment of the position of Under Secretary of Defense
for Space, Intelligence, and Information, together with the
date as of which the position is established. If the
President declines to exercise the authority provided in
subsection (a), the President shall, before the date
specified in subsection (b), submit to Congress a report on
how the President has implemented the recommendations of the
report of the Space Commission with respect to the Department
of Defense.
(2) For purposes of paragraph (1), the term ``report of the
Space Commission'' means the report of the Commission To
Assess United States National Security Space Management and
Organization, dated January 11, 2001, and submitted to
Congress under section 1623 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 815).
(d) Contingent Enactment of U.S. Code Amendments.--If the
position of Under Secretary of Defense for Space,
Intelligence, and Information is established under the
authority provided in subsection (a), then the amendments set
forth in subsections (e) and (f) shall be executed, effective
as of the date specified in the notice submitted under the
first sentence of subsection (c)(1). Otherwise, those
amendments shall not be executed.
(e) Appointment, Duties, Etc., of Under Secretary.--(1)
Subject to subsection (d), chapter 4 of title 10, United
States Code, is amended--
(A) by redesignating section 137 as section 139a and
transferring such section (as so redesignated) within such
chapter so as to appear after section 139; and
(B) by inserting after section 136 the following new
section 137:
``137. Under Secretary of Defense for Space, Intelligence,
and Information
``(a) There is an Under Secretary of Defense for Space,
Intelligence, and Information, appointed from civilian life
by the President, by and with the advice and consent of the
Senate.
``(b) Subject to the authority, direction, and control of
the Secretary of Defense, the Under Secretary of Defense for
Space, Intelligence, and Information shall perform such
duties and exercise such powers relating to the space,
intelligence, and information programs and activities of the
Department of Defense as the Secretary of Defense may
prescribe.
``(c) The Secretary of Defense shall designate the Under
Secretary of Defense for Space, Intelligence, and Information
as the Chief Information Officer of the Department of Defense
under section 3506(a)(2)(B) of title 44.
``(d) The Under Secretary of Defense for Space,
Intelligence, and Information takes precedence in the
Department of Defense after the Under Secretary of Defense
for Personnel and Readiness.''.
(2) Subject to subsection (d), section 131(b) of that title
is amended--
(A) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Under Secretary of Defense for Space,
Intelligence, and Information.''.
(3) Subject to subsection (d), the table of sections at the
beginning of chapter 4 of such title is amended--
(A) by striking the item relating to section 137 and
inserting the following new item:
``137. Under Secretary of Defense for Space, Intelligence, and
Information.'';
and
(B) by inserting after the item relating to section 139 the
following new item:
``139a. Director of Defense Research and Engineering.''.
(f) Assistant Secretaries of Defense.--Subject to
subsection (d), section 138 of such title is amended--
(1) in subsection (a), by striking ``nine'' and inserting
``eleven''; and
(2) in subsection (b), by inserting after paragraph (2) the
following new paragraph:
``(3) Not more than three of the Assistant Secretaries may
be assigned duties under the authority of the Under Secretary
of Defense for Space, Intelligence, and Information and shall
report to that Under Secretary.''.
(g) Report.--Not later than 30 days before exercising the
authority provided in subsection (a), the President shall
submit to Congress a report on the proposed organization of
the office of the Under Secretary of Defense for Space,
Intelligence, and Information. If such a report has not been
submitted as of April 15, 2002, the President shall submit to
Congress a report, not later than that date, setting forth
the President's view as of that date of the desirability of
establishing the position of Under Secretary of Defense for
Space, Intelligence, and Information in the Department of
Defense.
SEC. 1403. AUTHORITY TO DESIGNATE UNDER SECRETARY OF THE AIR
FORCE AS ACQUISITION EXECUTIVE FOR SPACE OF THE
DEPARTMENT OF DEFENSE.
(a) Executive Agent.--Part IV of subtitle A of title 10,
United States Code, is amended by inserting after chapter 134
the following new chapter:
``CHAPTER 135--SPACE PROGRAMS
``Sec.
``2271. Executive agent.
``Sec. 2271. Executive agent
``(a) Secretary of the Air Force.--The Secretary of the Air
Force may be designated as the executive agent of the
Department of Defense--
``(1) for the planning of the acquisition programs,
projects, and activities of the Department that relate to
space; and
``(2) for the execution of those programs, projects, and
activities.
``(b) Acquisition Executive.--The Secretary may designate
the Under Secretary of the Air Force as the acquisition
executive of the Air Force for the programs, projects, and
activities referred to in subsection (a).''.
(b) Clerical Amendment.--The tables of chapters at the
beginning of such subtitle and the beginning of part IV of
such subtitle are amended by inserting after the item
relating to chapter 134 the following new item:
``135. Space Programs.......................................2271''.....
SEC. 1404. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS.
(a) Requirement.--The Secretary of Defense may create a
major force program category for space programs for purposes
of the future-years defense program under section 221 of
title 10, United States Code.
(b) Commencement.--If the category under subsection (a) is
created, such category shall be included in each future-years
defense program submitted to Congress under section 221 of
title 10, United States Code, in fiscal years after fiscal
year 2002.
SEC. 1405. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION
OF RECOMMENDATIONS OF SPACE COMMISSION.
(a) Assessment.--(1) The Comptroller General shall carry
out an assessment through February 15, 2003, of the actions
taken by the Secretary of Defense in implementing the
recommendations in the report of the Space Commission that
are applicable to the Department of Defense.
(2) For purposes of paragraph (1), the term ``report of the
Space Commission'' means the report of the Commission To
Assess United States National Security Space Management and
Organization, dated January 11, 2001, and submitted to
Congress under section 1623 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 815).
(b) Reports.--Not later than February 15 of each of 2002
and 2003, the Comptroller General shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
the assessment carried out under subsection (a). Each report
shall set forth the results of the assessment as of the date
of such report.
SEC. 1406. COMMANDER OF AIR FORCE SPACE COMMAND.
(a) In General.--Chapter 845 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8584. Commander of Air Force Space Command
``The Secretary of Defense may require that the officer
serving as commander of the Air Force Space Command not serve
simultaneously as commander of the United States Space
Command (or any successor combatant command with
responsibility for space) or as commander
[[Page H5828]]
of the United States element of the North American Air
Defense Command.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8584. Commander of Air Force Space Command.''.
SEC. 1407. AUTHORITY TO ESTABLISH SEPARATE CAREER FIELD IN
THE AIR FORCE FOR SPACE.
The Secretary of the Air Force, acting through the Under
Secretary of the Air Force, may establish and implement
policies and procedures to develop a cadre of technically
competent officers with the capability to develop space
doctrine, concepts of space operations, and management of
space systems for the Air Force.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE; DEFINITION.
(a) Short Title.--This division may be cited as the
``Military Construction Authorization Act for Fiscal Year
2002''.
(b) Definition of Fiscal Year 2001 Defense Authorization
Act.--In this division, the term ``Spence Act'' means the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001, as enacted into law by Public Law 106-398 (114
Stat. 1654).
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Anniston Army Depot.. $5,150,000
Fort Rucker.......... $11,400,000
Redstone Arsenal..... $7,200,000
Alaska......................... Fort Richardson...... $97,000,000
Fort Wainwright...... $27,200,000
Arizona........................ Fort Huachuca........ $6,100,000
Yuma Proving Ground.. $3,100,000
California..................... Defense Language $5,900,000
Institute.
Fort Irwin........... $23,000,000
Colorado....................... Fort Carson.......... $66,000,000
District of Columbia........... Fort McNair.......... $11,600,000
Georgia........................ Fort Benning......... $23,900,000
Fort Gillem.......... $43,600,000
Fort Gordon.......... $34,000,000
Fort Stewart/Hunter $39,800,000
Army Air Field......
Hawaii......................... Navy Public Works $11,800,000
Center, Pearl Harbor
Pohakuloa Training $5,100,000
Facility.
Wheeler Army Air $50,000,000
Field.
Kansas......................... Fort Riley........... $10,900,000
Kentucky....................... Fort Campbell........ $88,900,000
Louisiana...................... Fort Polk............ $21,200,000
Maryland....................... Aberdeen Proving $58,300,000
Ground.
Fort Meade........... $5,800,000
Fort Leonard Wood.... $12,250,000
New Jersey..................... Fort Monmouth........ $20,000,000
Picatinny Arsenal.... $10,200,000
New Mexico..................... White Sands Missile $7,600,000
Range.
New York....................... Fort Drum............ $59,350,000
North Carolina................. Fort Bragg........... $21,300,000
Sunny Point Military $11,400,000
Ocean Terminal......
Oklahoma....................... Fort Sill............ $5,100,000
South Carolina................. Fort Jackson......... $3,650,000
Texas.......................... Corpus Christi Army $10,400,000
Depot.
Fort Sam Houston..... $9,650,000
Fort Bliss........... $5,000,000
Fort Hood............ $104,200,000
Virginia....................... Fort Belvoir......... $35,950,000
Fort Eustis.......... $24,750,000
Fort Lee............. $23,900,000
Washington..................... Fort Lewis........... $238,200,000
-----------------
Total:............. $1,300,710,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Area Support Group, $36,000,000
Bamberg...............
Area Support Group, $13,500,000
Darmstadt.............
Baumholder............. $9,000,000
Hanau.................. $7,200,000
Heidelberg............. $15,300,000
Mannheim............... $16,000,000
Wiesbaden Air Base..... $26,300,000
Korea.......................... Camp Carroll........... $16,593,000
Camp Casey............. $8,500,000
Camp Hovey............. $35,750,000
Camp Humphreys......... $14,500,000
Camp Jackson........... $6,100,000
Camp Stanley........... $28,000,000
Kwajalein...................... Kwajalein Atoll........ $11,000,000
---------------
Total:............... $243,743,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installation and location, and in the amount set forth in the
following table:
Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $4,000,000
------------------------------------------------------------------------
[[Page H5829]]
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(6)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts, set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Wainwright............ 32 Units................... $12,000,000
Arizona................................. Fort Huachuca.............. 72 Units................... $10,800,000
Georgia................................. Fort Stewart............... 160 Units.................. $2,500,000
Kansas.................................. Fort Leavenworth........... 40 Units................... $10,000,000
Texas................................... Fort Bliss................. 76 Units................... $13,600,000
Korea................................... Camp Humphreys............. 54 Units................... $12,800,000
-------------
Total:................... $61,700,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $11,592,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $220,750,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $3,018,077,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,089,416,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $243,743,000.
(3) For a military construction project at an unspecified
worldwide location authorized by section 2101(c), $4,000,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $18,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $163,676,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$294,576,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,102,732,000.
(7) For the construction of a cadet development center at
the United States Military Academy, West Point, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261, 112 Stat. 2182), $37,900,000.
(8) For the construction of phase 2C of a barracks complex,
Tagaytay Street, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65;
113 Stat. 825), $17,500,000.
(9) For the construction of phase 1C of a barracks complex,
Wilson Street, at Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65,
113 Stat. 825), $23,000,000.
(10) For construction of phase 2 of a basic combat training
complex at Fort Leonard Wood, Missouri, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat.
1654A-389), as amended by section 2105 of this Act,
$27,000,000.
(11) For the construction of phase 2 of a battle simulation
center at Fort Drum, New York, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal
Year 2001 (division B of the Spence Act; 114 Stat. 1654A-
389), as amended by section 2105 of this Act, $9,000,000.
(12) For the construction of phase 1 of a barracks complex,
Butner Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence Act; 114
Stat. 1654A-389), $49,000,000.
(13) For the construction of phase 1 of a barracks complex,
Longstreet Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence Act; 114
Stat. 1654A-389), $27,000,000.
(14) For the construction of a multipurpose digital
training range at Fort Hood, Texas, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114 Stat.
1654A-389), as amended by section 2105 of this Act,
$13,000,000.
(15) For the homeowners assistance program, as authorized
by section 2832(a) of title 10, United States Code,
$10,119,000, to remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), (3) of subsection (a);
(2) $52,000,000 (the balance of the amount authorized under
section 2201 (a) for construction of a barracks complex, D
Street, at Fort Richardson, Alaska);
(3) $41,000,000 (the balance of the amount authorized under
section 2201 (a) for construction of phase 1 of a barracks
complex, Nelson Blvd, at Fort Carson, Colorado);
(4) $36,000,000 (the balance of the amount authorized under
section 2201 (a) for construction of phase 1 of a basic
combat training complex at Fort Jackson, South Carolina); and
(5) $102,000,000 (the balance of the amount authorized
under section 2201 (a) for construction of a barracks
complex, 17th & B Streets, at Fort Lewis, Washington).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (15) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $36,168,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military construction outside the United
States; and
(2) $75,417,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military family housing construction and
military family housing support outside the United States.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECTS.
(a) Modification.--The table in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2001
(division B of the Spence Act; 114 Stat. 1654A-389) is
amended--
(1) in the item relating to Fort Leonard Wood, Missouri, by
striking ``$65,400,000'' in the amount column and inserting
``$69,400,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$18,000,000'' in the amount column and inserting
``$21,000,000'';
(3) in the item relating to Fort Hood, Texas, by striking
``$36,492,000'' in the amount column and inserting
``$39,492,000''; and
(4) by striking the amount identified as the total in the
amount column and inserting ``$623,074,000''.
(b) Conforming Amendments.--Section 2104 of that Act (114
Stat. 1654A-391) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``$1,925,344,000'' and inserting
``$1,935,744,000'';
(2) in subsection (b)(2), by striking ``$22,600,000'' and
inserting ``$27,000,000'';
(3) in subsection (b)(3), by striking ``$10,000,000'' and
inserting ``$13,000,000''; and
(4) in subsection (b)(6), by striking ``$6,000,000'' and
inserting ``$9,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $22,570,000
Station, Yuma........
California..................... Marine Air-Ground Task $75,125,000
Force Training
Center, Twentynine
Palms................
Marine Corps Air $4,470,000
Station, Camp
Pendleton............
Marine Corps Air $3,680,000
Station, Miramar.....
[[Page H5830]]
Marine Corps Base, $96,490,000
Camp Pendleton.......
Naval Air Facility, El $23,520,000
Centro...............
Naval Air Station, $10,010,000
Lemoore..............
Naval Air Warfare $30,200,000
Center, China Lake...
Naval Air Warfare $13,730,000
Center, Point Mugu,
San Nicholas Island..
Naval Amphibious Base, $8,610,000
Coronado.............
Naval Construction $12,400,000
Battalion Center,
Port Hueneme.........
Naval Construction $3,780,000
Training Center, Port
Hueneme..............
Naval Station, San $47,240,000
Diego.
District of Columbia........... Naval Air Facility, $9,810,000
Washington...........
Florida........................ Naval Air Station, Key $11,400,000
West.
Naval Air Station, $2,140,000
Whiting Field, Milton
Naval Station, Mayport $16,420,000
Naval Station, $3,700,000
Pensacola.
Hawaii......................... Marine Corps Base, $24,920,000
Kaneohe..............
Naval Magazine $6,000,000
Lualualei.
Naval Shipyard, Pearl $20,000,000
Harbor.
Naval Station, Pearl $40,600,000
Harbor.
Navy Public Works $16,900,000
Center, Pearl Harbor.
Illinois....................... Naval Training Center, $82,260,000
Great Lakes..........
Indiana........................ Naval Surface Warfare $14,930,000
Center, Crane........
Maine.......................... Naval Air Station, $67,395,000
Brunswick.
Maryland....................... Naval Air Warfare $2,260,000
Center, Patuxent
River................
Naval Air Warfare $5,100,000
Center, St. Inigoes..
Naval Explosive $1,250,000
Ordinance Disposal
Technology Center,
Indian Head..........
Mississippi.................... Naval Construction $21,660,000
Battalion Center,
Gulfport.............
Naval Air Station, $3,400,000
Meridian.
Missouri....................... Marine Corps Support $9,010,000
Activity, Kansas City
North Carolina................. Marine Corps Air $4,050,000
Station, New River...
Marine Corps Base, $67,070,000
Camp Lejeune.........
Pennsylvania................... Naval Foundry and $14,800,000
Propeller Center,
Philadelphia.........
Rhode Island................... Naval Station, Newport $15,290,000
South Carolina................. Marine Corps Air $8,020,000
Station, Beaufort....
Marine Corps Recruit $5,430,000
Depot, Parris Island.
Naval Hospital, $7,600,000
Beaufort.
Tennessee...................... Naval Support $3,900,000
Activity, Millington.
Texas.......................... Naval Air Station, $9,060,000
Joint Reserve Base,
Ft. Worth............
Virginia....................... Marine Corps Air $3,790,000
Facility, Quantico...
Marine Corps Combat $9,390,000
Dev Com..............
Naval Amphibious Base, $9,090,000
Little Creek.........
Naval Station, Norfolk $139,270,000
Washington..................... Naval Air Station, $3,470,000
Whidbey Island.......
Naval Shipyard, $14,000,000
Bremerton.
Naval Station, Everett $6,820,000
Strategic Weapons $3,900,000
Facility, Bangor.....
----------------
Total:.............. $1,038,920,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Greece......................... Naval Support Activity $12,240,000
Joint Headquarters
Command, Larissa......
Naval Support Activity, $3,210,000
Souda Bay.............
Guam........................... Naval Station, Guam.... $9,300,000
Navy Public Works $14,800,000
Center, Guam.
Iceland........................ Naval Air Station, $2,820,000
Keflavik.
Italy.......................... Naval Air Station, $3,060,000
Sigonella.
Spain.......................... Naval Station, Rota.... $2,240,000
---------------
Total:............... $47,670,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Marine Corps Air Station, 51 Units.................. $9,017,000
Yuma.....................
California............................ Marine Air-Ground Task 74 Units.................. $16,250,000
Force Training Center,
Twentynine Palms.........
Hawaii................................ Marine Corps Base, Kaneohe 172 Units................. $46,996,000
Naval Station, Pearl 70 Units.................. $16,827,000
Harbor...................
Mississippi........................... Naval Construction 160 Units................. $23,354,000
Battalion Center,
Gulfport.................
Virginia.............................. Marine Corps Combat 81 Units.................. $10,000,000
Development Command,
Quantico.................
Italy................................. Naval Air Station, 10 Units.................. $2,403,000
Sigonella................
-----------------
Total:.................. $124,847,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $6,499,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $201,834,000.
[[Page H5831]]
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,389,605,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $980,018,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $47,670,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $10,546,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $35,392,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$332,352,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$913,823,000.
(6) For construction of phase 6 of a large anachoic chamber
facility at the Patuxent River Naval Air Warfare Center,
Maryland, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2590), $10,770,000.
(7) For construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp H.M. Smith, Hawaii,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 828), as amended by section 2205,
$37,580,000.
(8) For repair of a pier at Naval Station, San Diego,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat. 1654A-396), $17,500,000.
(9) For replacement of a pier at Naval Shipyard, Bremerton,
Washington, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat. 1654A-396), $24,460,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $33,240,000 (the balance of the amount authorized under
section 2201(a) for replacement of a pier, increment I, at
Naval Station, Norfolk, Virginia; and
(3) $20,100,000 (the balance of the amount authorized under
section 2201(a) for a combined propulsion and explosives lab
at Naval Air Warfare Center, China Lake, California).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (9) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $6,854,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction outside the United States; and
(2) $13,652,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military family housing construction and
military family housing support outside the United States.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECT.
(a) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 828) is amended--
(1) in the item relating to Camp H.M. Smith, Hawaii, by
striking ``$86,050,000'' in the amount column and inserting
``$89,050,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$820,230,000''.
(b) Conforming Amendments.--Section 2204 of that Act (113
Stat. 830) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``$2,108,087,000'' and inserting
``$2,111,087,000''; and
(2) in subsection (b)(3), by striking ``$70,180,000'' and
inserting ``$73,180,000''.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $34,400,000
Alaska......................... Eareckson Air Force $4,600,000
Base.
Elmendorf Air Force $32,200,000
Base.
Arizona........................ Davis-Monthan Air Force $23,500,000
Base..................
Luke Air Force Base.... $4,500,000
Arkansas....................... Little Rock Air Force $10,600,000
Base..................
California..................... Beale Air Force Base... $7,900,000
Edwards Air Force Base. $21,300,000
Los Angeles Air Force $23,000,000
Base.
Travis Air Force Base.. $10,100,000
Vandenberg Air Force $11,800,000
Base.
Colorado....................... Buckley Air Force Base. $23,200,000
Schriever Air Force $30,400,000
Base.
United States Air Force $25,500,000
Academy...............
District of Columbia........... Bolling Air Force Base. $2,900,000
Florida........................ Cape Canaveral Air $7,800,000
Force Station.........
Eglin Air Force Base... $11,400,000
Hurlburt Field......... $10,400,000
MacDill Air Force Base. $10,000,000
Tyndall Air Force Base. $20,350,000
Georgia........................ Moody Air Force Base... $4,900,000
Robins Air Force Base.. $14,650,000
Hawaii......................... Hickman Air Force Base. $6,300,000
Idaho.......................... Mountain Home Air Force $14,600,000
Base.
Kansas......................... McConnell Air Force $5,100,000
Base.
Maryland....................... Andrews Air Force Base. $19,420,000
Massachusetts.................. Hanscom Air Force Base. $9,400,000
Mississippi.................... Keesler Air Force Base. $28,600,000
Nevada......................... Nellis Air Force Base.. $12,600,000
New Jersey..................... McGuire Air Force Base. $36,550,000
New Mexico..................... Cannon Air Force Base.. $9,400,000
Kirtland Air Force Base $19,800,000
North Carolina................. Pope Air Force Base.... $17,800,000
North Dakota................... Grand Forks Air Force $7,800,000
Base.
Ohio........................... Wright-Patterson Air $5,800,000
Force Base............
Oklahoma....................... Altus Air Force Base... $20,200,000
Tinker Air Force Base.. $17,700,000
South Carolina................. Shaw Air Force Base.... $24,400,000
Tennessee...................... Arnold Air Force Base.. $24,400,000
Texas.......................... Lackland Air Force Base $12,800,000
Laughlin Air Force Base $15,600,000
Sheppard Air Force Base $45,200,000
Utah........................... Hill Air Force Base.... $44,000,000
Virginia....................... Langley Air Force Base. $47,300,000
Washington..................... Fairchild Air Force $2,800,000
Base.
McChord Air Force Base. $20,700,000
Wyoming........................ F E Warren Air Force $10,200,000
Base.
---------------
Total:............... $822,320,000
------------------------------------------------------------------------
[[Page H5832]]
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Force Base $42,900,000
Spangdahlem Air Base... $8,700,000
Greenland...................... Thule.................. $19,000,000
Guam........................... Andersen Air Force Base $10,150,000
Italy.......................... Aviano Air Base........ $11,800,000
Korea.......................... Kunsan Air Base........ $12,000,000
Osan Air Base.......... $101,142,000
Turkey......................... Eskisehir.............. $4,000,000
United Kingdom................. Royal Air Force, $11,300,000
Lakenheath.
Royal Air Force, $22,400,000
Mildenhall.
Wake Island.................... Wake Island............ $25,000,000
---------------
Total:............... $268,392,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installation and location and in the amounts, set forth in
the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $4,458,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(7)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts, set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................ Luke Air Force Base........ 120 Units................. $15,712,000
California............................. Travis Air Force Base...... 118 Units................. $18,150,000
Colorado............................... Buckley Air Force Base..... 55 Units.................. $11,400,000
Delaware............................... Dover Air Force Base....... 120 Units................. $18,145,000
District of Columbia................... Bolling Air Force Base..... 136 Units................. $16,926,000
Hawaii................................. Hickam Air Force Base...... 102 Units................. $25,037,000
Louisiana.............................. Barksdale Air Force Base... 56 Units.................. $7,300,000
South Dakota........................... Ellsworth Air Force Base... 78 Units.................. $13,700,000
Virginia............................... Langley Air Force Base..... 4 Units................... $1,200,000
Portugal............................... Lajes Field, Azores........ 64 Units.................. $13,230,000
---------------
Total:.................. $140,800,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(7)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $24,558,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(7)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $370,879,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $2,526,034,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $806,020,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $268,392,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$4,458,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,250,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $84,630,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$536,237,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $866,171,000.
(7) $12,600,000 for construction of an air freight terminal
and base supply complex at McGuire Air Force Base, New
Jersey, authorized by section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division
B of the Spence Act; 114 Stat. 1654A-399), as amended by
section 2305.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a); and
(2) $12,000,000 (the balance of the amount authorized under
section 2301(a) for a maintenance depot hanger at Hill Air
Force Base, Utah).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (7) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $15,846,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military construction outside the United
States; and
(2) $47,878,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military family housing construction and
military family housing support outside the United States.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECT.
(a) Modification.--The table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 2001
(division B of the Spence Act; 114 Stat. 1654A-399) is
amended--
(1) in the item relating to McGuire Air Force Base, New
Jersey, by striking ``$29,772,000'' in the amount column and
inserting ``$32,972,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$748,955,000''.
(b) Conforming Amendments.--Section 2304(b)(2) of that Act
(114 Stat. 1654A-402) is amended by striking ``$9,400,000''
and inserting ``$12,600,000''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
[[Page H5833]]
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization...... Blue Grass Army Depot, $47,220,000
Kentucky..............
Defense Education Activity..... Laurel Bay, South $12,850,000
Carolina..............
Marine Corps Base, Camp $8,857,000
LeJeune, North
Carolina..............
Defense Logistics Agency....... Defense Distribution $30,000,000
Depot Tracy,
California............
Defense Distribution $19,900,000
New Cumberland,
Pennsylvania..........
Eielson Air Force Base, $8,800,000
Alaska................
Fort Belvoir, Virginia. $900,000
Grand Forks Air Force $9,110,000
Base, North Dakota....
Hickam Air Force Base, $29,200,000
Hawaii................
McGuire Air Force Base, $4,400,000
New Jersey............
Minot Air Force Base, $14,000,000
North Dakota..........
Philadelphia, $2,429,000
Pennsylvania..........
Pope Air Force Base, $3,400,000
North Carolina........
Special Operations Command..... Aberdeen Proving $3,200,000
Ground, Maryland......
Fort Benning, Georgia.. $5,100,000
Fort Bragg, North $35,962,000
Carolina..............
Fort Lewis, Washington. $6,900,000
Hurlburt Field, Florida $13,400,000
MacDill Air Force Base, $12,000,000
Florida...............
Naval Station, San $13,650,000
Diego, California.....
TRICARE Management Activity.... Andrews Air Force Base, $10,250,000
Maryland..............
Dyess Air Force Base, $3,300,000
Texas.................
F. E. Warren Air Force $2,700,000
Base, Wyoming.........
Fort Hood, Texas....... $12,200,000
Fort Stewart/Hunter $11,000,000
Army Air Field,
Georgia...............
Holloman Air Force $5,700,000
Base, New Mexico......
Hurlburt Field, Florida $8,800,000
Marine Corps Base, Camp $1,150,000
Pendleton, California.
Marine Corps Logistics $5,800,000
Base, Albany, Georgia.
Naval Air Station, $1,900,000
Whidbey Island,
Washington............
Naval Hospital, $1,600,000
Twentynine Palms,
California............
Naval Station, Mayport, $24,000,000
Florida...............
Naval Station, Norfolk, $21,000,000
Virginia..............
Schriever Air Force $4,000,000
Base, Colorado........
Washington Headquarters Pentagon Reservation, $25,000,000
Services...................... Virginia..............
---------------
Total:............... $325,228,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Aviano Air Base, Italy. $3,647,000
Geilenkirchen AB, $1,733,000
Germany...............
Heidelberg, Germany.... $3,312,000
Kaiserslautern, Germany $1,439,000
Kitzingen, Germany..... $1,394,000
Landstuhl, Germany..... $1,444,000
Ramstein Air Force $2,814,000
Base, Germany.........
Royal Air Force, $22,132,000
Feltwell, United
Kingdom...............
Vogelweh Annex, Germany $1,558,000
Wiesbaden Air Base, $1,378,000
Germany...............
Wuerzburg, Germany..... $2,684,000
Defense Logistics Agency....... Anderson Air Force $20,000,000
Base, Guam............
Camp Casey, Korea...... $5,500,000
Naval Station, Rota, $3,000,000
Spain.................
Yokota Air Base, Japan. $13,000,000
Office Secretary of Defense.... Comalapa Air Base, El $12,577,000
Salvador..............
TRICARE Management Activity.... Heidelberg, Germany.... $28,000,000
Lajes Field, Azores, $3,750,000
Portugal..............
Thule, Greenland....... $10,800,000
---------------
Total:............... $140,162,000
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(6), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $35,600,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2001, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $1,421,319,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $370,164,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $140,162,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $24,492,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $74,496,000.
(6) For energy conservation projects authorized by section
2402 of this Act, $35,600,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $532,200,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $250,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $43,762,000, of which not more than $37,298,000
may be obligated or expended for the leasing of military
family housing units worldwide.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $2,000,000.
(9) For the construction of phase 6 of an ammunition
demilitarization facility at Pine Bluff Arsenal, Arkansas,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of
the Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104-106; 110 Stat. 539),
section 2408 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85; 111
Stat. 1982), section 2406 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2197), and section 2407 of this Act,
$26,000,000.
[[Page H5834]]
(10) For the construction of phase 3 of an ammunition
demilitarization facility at Pueblo Army Depot, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of
the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 839),
$11,000,000.
(11) For construction of phase 4 of an ammunition
demilitarization facility at Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $66,000,000.
(12) For construction of phase 4 of an ammunition
demilitarization facility at Aberdeen Proving Ground,
Maryland, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division
B of Public Law 105-261; 112 Stat. 2193), as amended by
section 2406 of this Act, $66,500,000.
(13) For construction of a hospital at Fort Wainwright,
Alaska, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 836), $18,500,000.
(14) For construction of an aircrew water survival training
facility at Naval Air Station, Whidbey Island, Washington,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 836), as amended by section 2405 of
this Act, $6,600,000.
(15) For the construction of phase 2 of an ammunition
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65, 113 Stat. 836), as amended by section 2405,
$3,000,000.
(16) For construction of FHOTC Support Facilities at Camp
Pendleton, California, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2001
(division B of the Spence Act; 114 Stat.1654A-402), as
amended by section 2404 of this Act, $3,150,000.
(17) For replacement of a Medical/Dental Clinic, Las
Flores, at Camp Pendleton, California, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114
Stat.1654A-402), as amended by section 2404 of this Act,
$3,800,000.
(18) For replacement of a Medical/Dental Clinic, Las
Pulgas, at Camp Pendleton, California, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Spence Act; 114
Stat.1654A-402), as amended by section 2404 of this Act,
$4,050,000.
(19) For replacement of a Medical/Dental Clinic, Horno, at
Camp Pendleton, California, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal Year
2001 (division B of the Spence Act; 114 Stat.1654A-402), as
amended by section 2404 of this Act, $4,300,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
(c) Adjustments.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (19) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $17,857,000, which represents the combination of
savings resulting from adjustments to foreign currency
exchange rates for military construction outside the United
States; and
(2) $10,250,000, which represents the combination of
project savings in military construction resulting from
favorable bids, reduced overhead charges, and cancellations
due to force structure changes.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2001 PROJECT.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A-402) is amended--
(1) under the agency heading relating to TRICARE Management
Activity, in the item relating to Marine Corps Base, Camp
Pendleton, California, by striking ``$14,150,000'' and
inserting ``$15,300,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$258,056,000''.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECTS.
(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 836) is amended--
(1) under the agency heading relating to TRICARE Management
Activity, in the item relating to Naval Air Station, Whidbey
Island, Washington, by striking ``$4,700,000'' inserting
``$6,600,000'';
(2) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$206,800,000'' in the amount
column and inserting ``$254,030,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$636,550,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of that Act
(113 Stat. 839) is amended by striking ``$184,000,000'' and
inserting ``$231,230,000''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1999 PROJECT.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193) is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Aberdeen Proving
Ground, Maryland, by striking ``$186,350,000'' in the amount
column and inserting ``$223,950,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$727,616,000''.
(b) Conforming Amendments.--Section 2404(b)(3) of that Act
(112 Stat. 2196) is amended by striking ``$158,000,000'' and
inserting ``$195,600,000''.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1995 PROJECT.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), as amended by section 2407 of
the Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104-106; 110 Stat. 539),
section 2408 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85; 111
Stat. 1982), and section 2406 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2197), is amended under the agency
heading relating to Chemical Agents and Munitions
Destruction, in the item relating to Pine Bluff Arsenal,
Arkansas, by striking ``$154,400,000'' in the amount column
and inserting ``$177,400,000''.
SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP FORWARD
OPERATING LOCATION ON ARUBA FOR UNITED STATES
SOUTHERN COMMAND COUNTER-DRUG DETECTION AND
MONITORING FLIGHTS.
None of the funds appropriated under the heading ``military
construction, defense-wide'' in chapter 3 of title III of the
Emergency Supplemental Act, 2000 (Public Law 106-246; 114
Stat. 579), may be used by the Secretary of Defense to
develop any forward operating location on the island of Aruba
to serve as a location from which the United States Southern
Command could conduct counter-drug detection and monitoring
flights.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2001, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501, in
the amount of $162,600,000.
TITLE XXVI--GUARD AND RESERVE FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) In General.--There are authorized to be appropriated
for fiscal years beginning after September 30, 2001, for the
costs of acquisition, architectural and engineering services,
and construction of facilities for the Guard and Reserve
Forces, and for contributions therefor, under chapter 1803 of
title 10, United States Code (including the cost of
acquisition of land for those facilities), the following
amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$304,915,000; and
(B) for the Army Reserve, $173,017,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $53,291,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$197,472,000; and
(B) for the Air Force Reserve, $79,132,000.
TITLE XXVII--EXPIRATION
AND EXTENSION OF
AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2005.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have
been obligated before the later of--
(1) October 1, 2004; or
[[Page H5835]]
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2005 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1999 PROJECTS.
(a) Exception.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2199),
authorizations set forth in the tables in subsection (b), as
provided in section 2302 or 2601 of that Act, shall remain in
effect until October 1, 2002, or the date of the enactment of
an Act authorizing funds for military construction for fiscal
year 2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Family Housing Replacement $8,998,000
(55 Units)..................
Florida............................... Patrick Air Force Base... Family Housing Replacement $9,692,000
(46 Units)..................
New Mexico............................ Kirtland Air Force Base.. Family Housing Replacement $6,400,000
(37 Units)..................
Ohio.................................. Wright-Patterson Air Family Housing Replacement $5,600,000
Force Base.............. (40 Units)..................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts......................... Westfield................ Army Aviation Support $9,274,000
Facility....................
South Carolina........................ Spartanburg.............. Readiness Center............. $5,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1998 PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1984),
authorizations set forth in the tables in subsection (b), as
provided in section 2102, 2202, or 2302 of that Act and
extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the
Spence Act; 114 Stat. 1654A-408), shall remain in effect
until October 1, 2002, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Fort Meade............... Family Housing Construction $7,900,000
(56 units)..................
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Complex, San Diego. Family Housing Replacement $13,500,000
(94 units)..................
California............................ Marine Corps Air Station, Family Housing Construction $28,881,000
Miramar................. (166 units).................
Louisiana............................. Naval Complex, New Family Housing Replacement $11,930,000
Orleans................. (100 units).................
Texas................................. Naval Air Station, Corpus Family Housing Construction $22,250,000
Christi................. (212 units).................
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................ Kirtland Air Force Base.. Family Housing Replacement $20,900,000
(180 units).................
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 2001; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN CERTAIN UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECT THRESHOLDS.
Section 2805 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by striking ``$500,000'' and
inserting ``$750,000'';
(2) in subsection (c)(1)(A), by striking ``$1,000,000'' and
inserting ``$1,500,000''; and
(3) in subsection (c)(1)(B), by striking ``$500,000'' and
inserting ``$750,000''.
SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL HAZARD
REMEDIATION FROM LIMITATION ON AUTHORIZED COST
VARIATIONS.
Subsection (d) of section 2853 of title 10, United States
Code, is amended to read as follows:
``(d) The limitation on cost increases in subsection (a)
does not apply--
``(1) to the settlement of a contractor claim under a
contract; or
``(2) to the costs associated with the required remediation
of an environmental hazard in connection with a military
construction project or military family housing project, such
as asbestos removal, radon abatement, lead-based paint
removal or abatement, or any other legally required
environmental hazard remediation, if the required remediation
could not have reasonably been anticipated at the time the
project was approved originally by Congress.''.
SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT ON MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING
ACTIVITIES.
(a) Repeal.--Section 2861 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of such title is
amended by striking the item relating to section 2861.
SEC. 2804. PERMANENT AUTHORIZATION FOR ALTERNATIVE AUTHORITY
FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Repeal of Termination Provision.--Section 2885 of title
10, United States Code, is repealed.
[[Page H5836]]
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the item relating to section 2885.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN
RECREATIONAL ACTIVITIES.
Section 2671 of title 10, United States Code, is amended--
(1) by transferring subsection (b) to the end of the
section and redesignating such subsection, as so transferred,
as subsection (e); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Subsection (a) shall not apply with respect to all or
certain specified hunting, fishing, or trapping at a military
installation or facility if the Secretary of Defense
determines that the application of the State or Territory
fish and game laws to such hunting, fishing, or trapping
without modification could result in undesirable consequences
for public safety or adverse effects on morale, welfare, or
recreation activities at the installation or facility. The
Secretary may not waive or modify the requirements under
subsection (a)(2) regarding a license for such hunting,
fishing, or trapping or any fee imposed by a State or
Territory to obtain such a license.''.
SEC. 2812. BASE EFFICIENCY PROJECT AT BROOKS AIR FORCE BASE,
TEXAS.
(a) Indemnification of Transferees.--Section 136 of the
Military Construction Appropriations Act, 2001 (division A of
Public Law 106-246; 114 Stat. 520), is amended--
(1) by striking subsection (n);
(2) by redesignating subsection (m) as subsection (n); and
(3) by inserting after subsection (l) the following new
subsection:
``(m) Indemnification of Transferees.--(1) With respect to
the disposal of real property under subsection (e) at the
Base as part of the Project, the Secretary shall hold
harmless, defend, and indemnify in full the Community and
other persons and entities described in paragraph (2) from
and against any suit, claim, demand or action, liability,
judgment, cost or other fee arising out of any claim for
personal injury or property damage (including death, illness,
or loss of or damage to property or economic loss) that
results from, or is in any manner predicated upon, the
release or threatened release of any hazardous substance,
pollutant or contaminant, or petroleum or petroleum
derivative as a result of Department of Defense activities at
the Base.
``(2) The persons and entities referred to in paragraph (1)
are the following:
``(A) The Community (including any officer, agent, or
employee of the Community) that acquires ownership or control
of any real property at the Base as described in paragraph
(1).
``(B) The State of Texas or any political subdivision of
the State (including any officer, agent, or employee of the
State or political subdivision) that acquires such ownership
or control.
``(C) Any other person or entity that acquires such
ownership or control.
``(D) Any successor, assignee, transferee, lender, or
lessee of a person or entity described in subparagraphs (A)
through (C).
``(3) To the extent the persons and entities described in
paragraph (2) contributed to any such release or threatened
release, paragraph (1) shall not apply.
``(4) No indemnification may be afforded under this
subsection unless the person or entity making a claim for
indemnification--
``(A) notifies the Department of Defense in writing within
two years after such claim accrues or begins action within
six months after the date of mailing, by certified or
registered mail, of notice of final denial of the claim by
the Department of Defense;
``(B) furnishes to the Department of Defense copies of
pertinent papers the entity receives;
``(C) furnishes evidence or proof of any claim, loss, or
damage covered by this subsection; and
``(D) provides, upon request by the Department of Defense,
access to the records and personnel of the entity for
purposes of defending or settling the claim or action.
``(5) In any case in which the Secretary determines that
the Department of Defense may be required to make
indemnification payments to a person under this subsection
for any suit, claim, demand or action, liability, judgment,
cost or other fee arising out of any claim for personal
injury or property damage referred to in paragraph (1), the
Secretary may settle or defend, on behalf of that person, the
claim for personal injury or property damage. If the person
to whom the Department of Defense may be required to make
indemnification payments does not allow the Secretary to
settle or defend the claim, the person may not be afforded
indemnification with respect to that claim under this
subsection.
``(6) For purposes of paragraph (4)(A), the date on which a
claim accrues is the date on which the plaintiff knew (or
reasonably should have known) that the personal injury or
property damage referred to in paragraph (1) was caused or
contributed to by the release or threatened release of a
hazardous substance, pollutant or contaminant, or petroleum
or petroleum derivative as a result of Department of Defense
activities at the Base.
``(7) Nothing in this subsection shall be construed as
affecting or modifying in any way section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
``(8) In this subsection, the terms `facility', `hazardous
substance', `release', and `pollutant or contaminant' have
the meanings given such terms in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, respectively (42 U.S.C. 9601).''.
(b) Definitions.--Paragraph (9) of subsection (n) of such
section, as redesignated by subsection (a)(2), is amended by
striking ``, who shall be a civilian official of the
Department appointed by the President with the advice and
consent of the Senate''.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.
(a) 1988 Law.--Section 204(b)(4) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended--
(1) by redesignating subparagraphs (E), (F), (G), (H), and
(I) as subparagraphs (F), (G), (H), (I), and (J),
respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this
title (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 exceed 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.
``(v) Notwithstanding clause (iii) or chapter 137 of title
10, United States Code, if a lease under clause (i) involves
a substantial portion of the installation, the department or
agency concerned may obtain facility services for the leased
property and common area maintenance from the redevelopment
authority or the redevelopment authority's assignee as a
provision of the lease. The facility services and common area
maintenance shall be provided at a rate no higher than the
rate charged to non-Federal tenants of the transferred
property. Facility services and common area maintenance
covered by the lease shall not include--
``(I) municipal services that a State or local government
is required by law to provide to all landowners in its
jurisdiction without direct charge; or
``(II) firefighting or security-guard functions.''.
(b) 1990 Law.--Section 2905(b)(4)(E) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding
at the end the following new clause:
``(v) Notwithstanding clause (iii) or chapter 137 of title
10, United States Code, if a lease under clause (i) involves
a substantial portion of the installation, the department or
agency concerned may obtain facility services for the leased
property and common area maintenance from the redevelopment
authority or the redevelopment authority's assignee as a
provision of the lease. The facility services and common area
maintenance shall be provided at a rate no higher than the
rate charged to non-Federal tenants of the transferred
property. Facility services and common area maintenance
covered by the lease shall not include--
``(I) municipal services that a State or local government
is required by law to provide to all landowners in its
jurisdiction without direct charge; or
``(II) firefighting or security-guard functions.''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. MODIFICATION OF LAND EXCHANGE, ROCK ISLAND
ARSENAL, ILLINOIS.
(a) Additional Conveyance Authorized.--Subsection (a) of
section 2832 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 857) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may convey to the City all right,
title, and interest of the United States in and to an
additional parcel of real property, including improvements
thereon, at the Rock Island Arsenal consisting of
approximately .513 acres.''.
(b) Consideration.--Subsection (b) of such section is
amended--
(1) by inserting ``(1)'' before ``As consideration'';
(2) by striking ``subsection (a)'' both places it appears
and inserting ``subsection (a)(1)''; and
(3) by adding at the end the following new paragraph:
``(2) As consideration for the conveyance under subsection
(a)(2), the City shall convey to the Secretary all right,
title, and interest of the City in and to a parcel of real
property consisting of approximately .063 acres and construct
on the parcel, at the City's expense, a new access ramp to
the Rock Island Arsenal.''.
[[Page H5837]]
SEC. 2832. MODIFICATION OF LAND CONVEYANCES, FORT DIX, NEW
JERSEY.
Section 2835(c) of the Military Construction Authorization
Act for Fiscal Year 1998 (division B of Public Law 105-85;
111 Stat. 2004) is amended by adding at the end the following
new paragraph:
``(3) Notwithstanding paragraphs (1) or (2), the Borough
and Board may exchange between each other, without the
consent of the Secretary, all or any portion of the property
conveyed under subsection (a) so long as the property
continues to be used by the grantees for economic development
or educational purposes.''.
SEC. 2833. LEASE AUTHORITY, FORT DERUSSY, HAWAII.
Notwithstanding section 809 of the Military Construction
Authorization Act, 1968 (Public Law 90-110; 81 Stat. 309) and
section 2814(b) of the Military Construction Authorization
Act, 1989 (Public Law 100-456; 102 Stat. 2117), the Secretary
of the Army may enter into a lease with the City of Honolulu,
Hawaii, for the purpose of making available to the City a
parcel of real property at Fort DeRussy, Hawaii, for the
construction of a parking facility.
SEC. 2834. LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS,
WASHINGTON.
(a) Exchange Authorized.--(1) The Secretary of the Army may
convey to the Nisqually Tribe, a federally recognized Indian
tribe whose tribal lands are located within the State of
Washington, all right, title, and interest of the United
States in and to two parcels of real property, including any
improvements thereon, consisting of approximately 138 acres
at Fort Lewis, Washington, in exchange for the real property
described in subsection (b).
(2) The property authorized for conveyance under paragraph
(1) does not include Bonneville Power Administration
transmission facilities or the right of way described in
subsection (c).
(b) Consideration.--As consideration for the conveyance
under subsection (a), the Nisqually Tribe shall--
(1) acquire from Thurston Country, Washington, several
parcels of real property consisting of approximately 416
acres that are owned by the county, are within the boundaries
of Fort Lewis, and are currently leased by the Army, and
(2) convey fee title over the acquired property to the
Secretary.
(c) Right-of-Way for Bonneville Power Administration.--The
Secretary may use the authority provided in section 2668 of
title 10, United States Code, to convey to the Bonneville
Power Administration a right-of-way that authorizes the
Bonneville Power Administration to use real property at Fort
Lewis as a route for the Grand Coulee-Olympia and Olympia-
White River electric transmission lines and appurtenances to
facilitate the removal of such transmission lines from tribal
lands of the Nisqually Tribe.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) and acquired under subsection (b) shall be
determined by a survey satisfactory to the Secretary and the
Nisqually Tribe. The cost of the survey shall be borne by the
recipient of the property.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2835. LAND CONVEYANCE, WHITTIER-ANCHORAGE PIPELINE TANK
FARM, ANCHORAGE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Port of Anchorage, an
entity of the Municipality of Anchorage, Alaska, all right,
title, and interest of the United States in and to two
adjoining parcels of real property, including any
improvements thereon, consisting of approximately 48 acres in
Anchorage, Alaska, which are known as of the Whittier-
Anchorage Pipeline Tank Farm, for the purpose of permitting
the Port of Anchorage to use the parcels for economic
development.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the recipient of the real property.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section (a) as the Secretary
considers appropriate to protect the interests of the United
States.
PART II--NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE BEACH NAVAL
STATION, HUMBOLDT COUNTY, CALIFORNIA.
(a) Transfer Authorized.--The Secretary of the Navy may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior the real
property, including any improvements thereon, consisting of
the closed Centerville Beach Naval Station in Humboldt
County, California, for the purpose of permitting the
Secretary of the Interior to manage the real property as open
space or for other public purposes.
(b) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Navy. The cost of the survey shall be borne
by the Secretary of the Interior.
(c) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Navy considers appropriate to protect the
interests of the United States.
SEC. 2842. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, TOLEDO, OHIO.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey, without consideration, to the Toledo-Lucas County
Port Authority, Ohio (in this section referred to as the
``Port Authority''), all right, title, and interest of the
United States in and to a parcel of real property consisting
of approximately 29 acres, including any improvements
thereon, and comprising the Naval Weapons Industrial Reserve
Plant, Toledo, Ohio.
(2) The Secretary may include in the conveyance under
paragraph (1) such facilities, equipment, fixtures, and other
personal property located or based on the parcel conveyed
under that paragraph, or used in connection with the parcel,
as the Secretary determines to be not required by the Navy
for other purposes.
(b) Lease Authority.--Until such time as the real property
described in subsection (a)(1) is conveyed by deed, the
Secretary may lease the real property, together with any
improvements, facilities, equipment, fixtures, and other
personal property thereon, to the Port Authority in exchange
for security services, fire protection services, and
maintenance services provided by the Port Authority for the
real property.
(c) Conditions of Conveyance.--(1) The conveyance under
subsection (a), and any lease under subsection (b), shall be
subject to the conditions that the Port Authority--
(A) accept the parcel, and any improvements, facilities,
equipment, fixtures, and other personal property thereon, in
their condition at the time of the conveyance or lease, as
the case may be; and
(B) except as provided in paragraph (2), use the parcel,
and any improvements, facilities, equipment, fixtures, and
other personal property thereon, whether directly or through
an agreement with a public or private entity, for economic
development, redevelopment, or retention purposes, including
the creation or preservation of jobs and employment
opportunities, or such other public purposes as the Port
Authority determines appropriate.
(2) The Port Authority may at any time convey, lease, or
sublease, as the case may be, the parcel, and any
improvements, facilities, equipment, fixtures, and other
personal property thereon, to a public or private entity for
purposes described in paragraph (1)(B).
(d) Inspection.--The Secretary may permit the Port
Authority to review and inspect the improvements, facilities,
equipment, fixtures, and other personal property located on
the parcel described in subsection (a)(1) for purposes of the
conveyance authorized by that subsection and the lease
authorized by subsection (b).
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a)(1), and of any facilities, equipment fixtures,
or other personal property to be conveyed under subsection
(a)(2), shall be determined by a survey and other means
satisfactory to the Secretary. The cost of any activities
under the preceding sentence shall be borne by the Port
Authority.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a)(1), and any lease
under subsection (b), as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2843. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF NAVAL
COMPUTER AND TELECOMMUNICATIONS STATION,
CUTLER, MAINE.
Section 2853(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Spence Act; 114
Stat. 1654A-430) is amended by inserting ``any or'' before
``all right''.
SEC. 2844. MODIFICATION OF LAND CONVEYANCE, FORMER UNITED
STATES MARINE CORPS AIR STATION, EAGLE MOUNTAIN
LAKE, TEXAS.
Section 5 of Public Law 85-258 (71 Stat. 583) is amended by
inserting before the period at the end the following: ``or
for the protection, maintenance, and operation of other Texas
National Guard facilities''.
SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP
ACTIVITY, WINTER HARBOR, MAINE.
(a) Transfer of Jurisdiction of Schoodic Point Property
Authorized.--(1) The Secretary of the Navy may transfer,
without consideration, to the Secretary of the Interior
administrative jurisdiction of a parcel of real property,
including any improvements thereon and appurtenances thereto,
consisting of approximately 26 acres as generally depicted as
Tract 15-116 on the map entitled ``Acadia National Park
Schoodic Point Area'', numbered 123/80,418 and dated May
2001. The map shall be on file and available for inspection
in the appropriate offices of the National Park Service.
(2) The transfer authorized by this subsection shall occur,
if at all, concurrently with the reversion of administrative
jurisdiction of a parcel of real property consisting of
approximately 71 acres, as depicted as Tract 15-115 on the
map referred to in paragraph (1), from the Secretary of the
Navy to the Secretary of the Interior as authorized by Public
Law 80-260 (61 Stat. 519) and to be executed on or about June
30, 2002.
(b) Conveyance of Corea and Winter Harbor Properties
Authorized.--The Secretary of the Navy may convey, without
consideration, to the State of Maine, any political
subdivision of the State of Maine, or any tax-supported
agency in the State of Maine, all right, title, and interest
of the United States in and to any of the parcels of real
property, including any improvements thereon and
appurtenances thereto, consisting of approximately 485 acres
and
[[Page H5838]]
comprising the former facilities of the Naval Security Group
Activity, Winter Harbor, Maine, located in Hancock County,
Maine, except for the real property described in subsection
(a)(1).
(c) Transfer of Personal Property.--The Secretary of the
Navy shall transfer, without consideration, to the Secretary
of the Interior in the case of the real property transferred
under subsection (a), or to any recipient of such real
property in the case of real property conveyed under
subsection (b), any or all personal property associated with
such real property so transferred or conveyed, including--
(1) the ambulances and any fire trucks or other
firefighting equipment; and
(2) any personal property required to continue the
maintenance of the infrastructure of such real property,
including the generators and an uninterrupted power supply in
building 154 at the Corea site.
(d) Maintenance of Property Pending Conveyance.--The
Secretary of the Navy shall maintain any real property,
including any improvements thereon, appurtenances thereto,
and supporting infrastructure, to be conveyed under
subsection (b) until the earlier of--
(1) the date of the conveyance of such real property under
subsection (b); or
(2) September 30, 2003.
(e) Interim Lease.--(1) Until such time as any parcel of
real property to be conveyed under subsection (b) is conveyed
by deed under that subsection, the Secretary of the Navy may
lease such parcel to any person or entity determined by the
Secretary to be an appropriate lessee of such parcel.
(2) The amount of rent for a lease under paragraph (1)
shall be the amount determined by the Secretary to be
appropriate, and may be an amount less than the fair market
value of the lease.
(f) Reimbursement for Environmental and Other
Assessments.--(1) The Secretary of the Navy may require each
recipient of real property conveyed under subsection (b) to
reimburse the Secretary for the costs incurred by the
Secretary for any environmental assessment, study, or
analysis carried out by the Secretary with respect to such
property before completing the conveyance under that
subsection.
(2) The amount of any reimbursement required under
paragraph (1) shall be determined by the Secretary, but may
not exceed the cost of the assessment, study, or analysis for
which reimbursement is required.
(3) Section 2695(c) of title 10, United States Code, shall
apply to any amount received by the Secretary under this
subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property transferred under subsection
(a), and each parcel of real property conveyed under
subsection (b), shall be determined by a survey satisfactory
to the Secretary of the Navy. The cost of any survey under
the preceding sentence for real property conveyed under
subsection (b) shall be borne by the recipient of the real
property.
(h) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with any conveyance under subsection (b), and any
lease under subsection (e), as the Secretary considers
appropriate to protect the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. WATER RIGHTS CONVEYANCE, ANDERSEN AIR FORCE BASE,
GUAM.
(a) Authority To Convey.--In conjunction with the
conveyance of the water supply system for Anderson Air Force
Base, Guam, under the authority of section 2688 of title 10,
United States Code, and in accordance with all the
requirements of that section, the Secretary of the Air Force
may convey all right, title, and interest of the United
States, or such lesser estate as the Secretary considers
appropriate to serve the interests of the United States, in
the water rights related to the following Air Force
properties located on Guam:
(1) Andy South, also known as the Andersen Administrative
Annex.
(2) Marianas Bonins Base Command.
(3) Andersen Water Supply Annex, also known as the Tumon
Water Well or the Tumon Maui Well.
(b) Additional Requirements.--The Secretary may exercise
the authority contained in subsection (a) only if--
(1) the Secretary determines that adequate supplies of
potable groundwater exist under the main base and northwest
field portions of Andersen Air Force Base to meet the current
and long-term requirements of the installation for water;
(2) the Secretary determines that such supplies of
groundwater are economically obtainable; and
(3) the Secretary requires the conveyee of the water rights
under subsection (a) to provide a water system capable of
meeting the water supply needs of the main base and northwest
field portions of Anderson Air Force Base, as determined by
the Secretary.
(c) Interim Water Supplies.--If the Secretary determines
that it is in the best interests of the United States to
transfer title to the water rights and utility systems at
Andy South and Andersen Water Supply Annex before placing
into service a replacement water system and well field on
Andersen Air Force Base, the Secretary may require that the
United States have the primary right to all water produced
from Andy South and Andersen Water Supply Annex until the
replacement water system and well field is placed into
service and operates to the satisfaction of the Secretary. In
exercising the authority provided by this subsection, the
Secretary may retain a reversionary interest in the water
rights and utility systems at Andy South and Andersen Water
Supply Annex until such time as the new replacement water
system and well field is placed into service and operates to
the satisfaction of the Secretary.
(d) Sale of Excess Water Authorized.--(1) As part of the
conveyance of water rights under subsection (a), the
Secretary may authorize the conveyee of the water system to
sell to public or private entities such water from Andersen
Air Force Base as the Secretary determines to be excess to
the needs of the United States. In the event the Secretary
authorizes the conveyee to resell water, the Secretary shall
negotiate a reasonable return to the United States of the
value of such excess water sold by the conveyee, which return
the Secretary may receive in the form of reduced charges for
utility services provided by the conveyee.
(2) If the Secretary cannot meet the requirements of
subsection (b), and the Secretary determines to proceed with
a water utility system conveyance under section 2688 of title
10, United States Code, without the conveyance of water
rights, the Secretary may provide in any such conveyance that
the conveyee of the water system may sell to public or
private entities such water from Andy South and Andersen
Water Supply Annex as the Secretary determines to be excess
to the needs of the United States. The Secretary shall
negotiate a reasonable return to the United States of the
value of such excess water sold by the conveyee, which return
the Secretary may receive in the form of reduced charges for
utility services provided by the conveyee.
(e) Treatment of Water Rights.--For purposes of section
2688 of title 10, United States Code, the water rights
referred to in subsection (a) shall be considered as part of
a utility system (as that term is defined in subsection
(h)(2) of such section).
SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY AIR FORCE
BASE, COLORADO.
The Secretary of the Air Force shall reevaluate the terms
and conditions of the pending negotiated sale agreement with
the Lowry Redevelopment Authority for certain real property
at Lowry Air Force Base, Colorado, in light of changed
circumstances regarding the property, including changes in
the flood plain designations affecting some of the property,
to determine whether the changed circumstances warrant a
reduction in the amount of consideration otherwise required
under the agreement or other modifications to the agreement.
Subtitle E--Other Matters
SEC. 2861. TRANSFER OF JURISDICTION FOR DEVELOPMENT OF ARMED
FORCES RECREATION FACILITY, PARK CITY, UTAH.
(a) Transfer Required.--(1) The Secretary of the Interior
shall transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Air Force a parcel of
real property in Park City, Utah, including any improvements
thereon, that consists of approximately 35 acres, is located
in township 2 south, range 4 east, Salt Lake meridian, and is
designated as parcel 3 by the Bureau of Land Management.
(2) The transfer shall be subject to existing rights,
except that the Secretary of the Interior shall terminate any
lease with respect to the parcel issued under the Act of June
14, 1926 (commonly known as the Recreation and Public
Purposes Act; 43 U.S.C. 689 et seq.), and still in effect as
of the date of the enactment of this Act.
(3) The transfer required by this subsection shall be
completed not later than one year after the date of the
enactment of this Act.
(b) Use of Transferred Land.--(1) The Secretary of the Air
Force may use the real property transferred under subsection
(a) as the location for an armed forces recreation facility
to be developed using nonappropriated funds.
(2) The Secretary of the Air Force may return the
transferred property (or property acquired in exchange for
the transferred property under subsection (c)) to the
administrative jurisdiction of the Secretary of the Interior
at any time upon certifying that development of the armed
forces recreation facility would not be in the best interests
of the Government.
(c) Subsequent Conveyance Authority.--(1) In lieu of
developing the armed forces recreation facility on the real
property transferred under subsection (a), the Secretary of
the Air Force may convey or lease the property to the State
of Utah, a local government, or a private entity in exchange
for other property to be used as the site of the facility.
(2) The values of the properties exchanged by the Secretary
under this subsection either shall be equal, or if they are
not equal, the values shall be equalized by the payment of
money to the grantor or to the Secretary as the circumstances
require. The conveyance or lease shall be on such other terms
as the Secretary of the Air Force considers to be
advantageous to the development of the facility.
(d) Alternative Development Authority.--The Secretary of
the Air Force may lease the real property transferred under
subsection (a), or any property acquired pursuant to
subsection (c), to another party and may enter into a
contract with the party for the design, construction, and
operation of the armed forces recreation facility. The
Secretary of the Air Force may authorize the contractor to
operate the facility as both a military and a commercial
operation if the Secretary determines that such an
authorization is a necessary incentive for the contractor to
agree to design, construct, and operate the facility.
(e) Legal Description.--The exact acreage and legal
description of the real property to be transferred under
subsection (a) shall be determined by a survey. The cost of
the survey shall be borne by the Secretary of the Air Force.
[[Page H5839]]
SEC. 2862. SELECTION OF SITE FOR UNITED STATES AIR FORCE
MEMORIAL AND RELATED LAND TRANSFERS FOR THE
IMPROVEMENT OF ARLINGTON NATIONAL CEMETERY,
VIRGINIA.
(a) Definitions.--In this section:
(1) The term ``Arlington Naval Annex'' means the parcel of
Federal land located in Arlington County, Virginia, that is
subject to transfer to the administrative jurisdiction of the
Secretary of the Army under section 2881 of the Military
Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 879).
(2) The term ``Foundation'' means the Air Force Memorial
Foundation, which was authorized in Public Law 103-163 (107
Stat. 1973; 40 U.S.C. 1003 note) to establish a memorial in
the District of Columbia or its environs to honor the men and
women who have served in the United States Air Force and its
predecessors.
(3) The term ``Air Force Memorial'' means the United States
Air Force Memorial to be established by the Foundation.
(4) The term ``Arlington Ridge tract'' means the parcel of
Federal land in Arlington County, Virginia, known as the
Nevius Tract and transferred to the Department of the
Interior in 1953, that is bounded generally by--
(A) Arlington Boulevard (United States Route 50) to the
north;
(B) Jefferson Davis Highway (Virginia Route 110) to the
east;
(C) Marshall Drive to the south; and
(D) North Meade Street to the west.
(5) The term ``Section 29'' means a parcel of Federal land
in Arlington County, Virginia, that is currently administered
by the Secretary of the Interior within the boundaries of
Arlington National Cemetery and is identified as ``Section
29''.
(b) Offer of Portion of Arlington Naval Annex as Site for
Air Force Memorial.--Within 60 days after the date of the
enactment of this Act, the Secretary of Defense shall offer
to the Foundation an option to use, without reimbursement, up
to three acres of the Arlington Naval Annex as the site
within which the Foundation will construct the Air Force
Memorial. The offered acreage shall include the promontory
adjacent to, and the land underlying, Wing 8 of Federal
Office Building #2 in the northeast quadrant of the Arlington
Naval Annex.
(c) Acceptance or Rejection of Offer.--
(1) Deadline.--Within 90 days after the date on which the
Secretary of Defense makes the offer required by subsection
(b), the Foundation shall provide written notice to the
Secretary of the decision of the Foundation to accept or
decline the offer.
(2) Effect of acceptance.--Subject to subsection (d), if
the Foundation accepts the offer of the Secretary of Defense,
the Foundation shall relinquish all claims to the previously
approved location for the Air Force Memorial. No other
commemorative work may thereafter be established on the
Arlington Naval Annex property.
(3) Effect of rejection.--If the Foundation declines the
offer of the Secretary of Defense, the Foundation may resume
its efforts to construct the Air Force Memorial on the
Arlington Ridge tract from the farthest point of progress.
Any administrative record compiled during previous
proceedings related to the siting of the memorial on the
Arlington Ridge tract pursuant to Public Law 103-163 (40
U.S.C. 1003 note), shall be preserved, and all deadlines
tolled, while the Foundation is considering the offer of a
site for the memorial within the Arlington Naval Annex.
(d) Preparation for and Construction of Air Force
Memorial.--
(1) Preparation for construction.--Not later than two years
after the date on which the Foundation accepts the offer made
under subsection (b) and has available sufficient funds to
construct the Air Force Memorial, the Secretary of Defense,
in coordination with the Foundation, shall remove all
structures and prepare the Arlington Naval Annex site for use
as may be necessary to permit construction of the memorial
and appropriate access.
(2) Construction of memorial.--Upon the removal of
structures and preparation of the property for use as
required by paragraph (1), the Secretary of Defense shall
permit the Foundation to commence construction of the Air
Force Memorial on the Arlington Naval Annex site.
(3) Relation to other transfer authority.--Nothing in this
section alters the deadline for transfer of the Arlington
Naval Annex to the Secretary of the Army and remediation of
the transferred land for use as part of Arlington National
Cemetery, as required by section 2881 of the Military
Construction Authorization Act for Fiscal Year 2000.
(4) Oversight.--The Secretary of Defense shall have
exclusive authority in all matters relating to approval of
the siting and design of the Air Force Memorial on the
Arlington Naval Annex site, and the siting, design, and
construction of the memorial on such site shall not be
subject to the requirements of the Commemorative Works Act
(40 U.S.C. 1001 et seq.).
(e) Access and Management of Resulting Air Force
Memorial.--The Secretary of the Army may enter into a
cooperative agreement with the Foundation to provide for
management of the Air Force Memorial constructed on the
Arlington Naval Annex site and to guarantee public access to
the memorial.
(f) Land Transfer, Arlington Ridge Tract.--
(1) Transfer required.--Within 30 days after the date of
the enactment of this Act, the Secretary of the Interior
shall transfer, without reimbursement, to the Secretary of
the Army administrative jurisdiction over the Arlington Ridge
tract.
(2) Use of land.--The Secretary of the Army shall
incorporate the Arlington Ridge tract into Arlington National
Cemetery and may designate and use up to 15 acres of that
portion of the tract east of the Netherlands Carillon and
Marine Corps Memorial as new in-ground burial sites, for both
full casket and cremated remains, for the burial of eligible
individuals in Arlington National Cemetery. Burial sites
shall not be developed within 50 feet of the pathway, in
existence as of the date of the enactment of this Act, that
connects the Netherlands Carillon and the Marine Corps
Memorial or the existing roadway that circles the Marine
Corps Memorial. No other structures shall be permitted on the
Arlington Ridge tract.
(3) Access and management of existing memorials.--The
Secretary of the Army and the Secretary of the Interior shall
enter into a cooperative agreement to continue National Park
Service management of the Netherlands Carillon and the Marine
Corps Memorial and to guarantee public access to these
locations.
(g) Land Transfer, Section 29.--
(1) Transfer required.--Within 30 days after the date of
the enactment of this Act, the Secretary of the Interior
shall transfer, without reimbursement, to the Secretary of
the Army administrative jurisdiction over that portion of
Section 29 located more than 50 feet from Sherman Drive and
located between Ord and Weitzel Drive and the southern
boundary of Section 29.
(2) Use of land.--The Secretary of the Army shall use the
transferred property only for the development of in-ground
burial sites and columbarium which are designed to meet the
contours of Section 29. The Secretary of the Army shall
preserve the natural setting of the parcel and the mature
trees on the parcel to the greatest extent practicable while
providing for its efficent use as burial space.
(3) Management of remainder.--The Secretary of the Army and
the Secretary of the Interior shall enter into a cooperative
agreement to continue National Park Service management of
that portion of Section 29 that is not transferred under this
subsection to provide a natural setting and visual buffer for
Arlington House, the Robert E. Lee Memorial.
(h) Removal of Arlington Naval Annex as Possible National
Military Museum Site.--
(1) Existing navy annex transfer.--Section 2881 of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 879) is amended--
(A) in subsection (b)--
(i) by striking ``(1) Subject to paragraph (2), the'' and
inserting ``The''; and
(ii) by striking paragraph (2);
(B) by striking subsections (d), (e), and (f); and
(C) by redesignating subsections (g) and (h) as subsections
(d) and (e), respectively.
(2) Commission on National Military Museum.--Section 2902
of the Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106-65; 113 Stat. 881; 10
U.S.C. 111 note) is amended by striking subsection (d) and
inserting the following new subsection:
``(d) Prohibition on Consideration of Arlington Naval
Annex.--The Commission may not consider any portion of the
Navy Annex property described in section 2881 as a possible
site for a national military museum.''.
SEC. 2863. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO.
(a) Authority To Lease Certain Housing Units for Use as
Army Housing.--Title I of division I of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333; 16
U.S.C. 460bb note) is amended by adding at the end the
following new section:
``SEC. 107. AUTHORITY TO LEASE CERTAIN HOUSING UNITS WITHIN
THE PRESIDIO.
``(a) Availability of Housing Units for Army Lease.--The
Trust shall make available for lease, to those persons
designated by the Secretary of the Army, housing units
specified in subsection (b).
``(b) Housing Units.--The housing units referred to in this
section are identified as follows:
``(1) Liggett 715 A&B, 716 A&B, 717 A&B, 718 A&B, 719 A&B,
and 720 A&B.
``(2) West Washington 1401 A&B, 1403 A&B, and 1405 B.
``(3) Infantry Terrace 340, 341, 342, and 343.
``(4) Wright Loop 1332.
``(c) Replacement of Damaged or Destroyed Housing Units.--
In the event of significant damage to or destruction of a
housing unit specified in subsection (b), the Trust shall
provide a substitute housing unit of equal size and
accommodation.
``(d) Lease Amount.--The monthly amount charged by the
Trust for the lease of a housing unit, including utilities
and municipal services, under this section shall not exceed
the monthly rate of the basic allowance for housing that the
occupant of the housing unit is entitled to receive under
section 403 of title 37, United States Code. The Department
of the Army shall have no other fiscal obligations with
regard to the housing units specified in subsection (b) or
housing units replaced pursuant to subsection (c).
``(e) Relations to Trust Funding Limitations.--The Trust
shall comply with this section without regard to the
requirement of section 105(b) that the Trust achieve
financial self-sufficiency.''.
(b) Increased Borrowing Authority.--Section 104(d)(3) of
title I of division I of the Omnibus Parks and Public Lands
Management Act of 1996, as redesignated by section 101(13)(G)
of the Omnibus Parks Technical Corrections Act of 2000
(Public Law 106-176; 114 Stat. 25), is amended--
(1) by striking ``$50,000,000'' and inserting
``$150,000,000''; and
(2) by striking ``paragraph (3) of''.
[[Page H5840]]
SEC. 2864. EFFECT OF LIMITATION ON CONSTRUCTION OF ROADS OR
HIGHWAYS, MARINE CORPS BASE, CAMP PENDLETON,
CALIFORNIA.
Section 2851 of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2219), as amended by section 2881 of the Spence Act
(114 Stat. 1654A-438), is amended by adding at the end the
following new subsection:
``(g) Limitation on Construction of Roads or Highways.--If
a State law enacted after January 1, 2001, directly or
indirectly prohibits or restricts the construction or
approval of a road or highway within the easement granted
under this section, the State law shall not be effective with
respect to such construction or approval.''.
SEC. 2865. ESTABLISHMENT OF WORLD WAR II MEMORIAL AT
ADDITIONAL LOCATION ON GUAM.
Section 2886 of the Military Construction Authorization Act
for Fiscal Year 2001 (division B of the Spence Act; 114 Stat.
1654A-441) is amended--
(1) in subsection (a), by inserting ``, and on Federal
lands near Yigo,'' after ``Fena Caves'';
(2) in the heading of subsection (b), by striking
``Memorial'' and inserting ``Memorials''; and
(3) in subsections (b) and (c), by striking ``memorial''
each place it appears and inserting ``memorials''.
TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Fort Irwin Military Land
Withdrawal Act of 2001''.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR NATIONAL
TRAINING CENTER.
(a) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this title, all public lands
and interests in lands described in subsection (c) are hereby
withdrawn from all forms of appropriation under the general
land laws, including the mining laws and mineral and
geothermal leasing laws, and jurisdiction over such lands and
interests in lands withdrawn and reserved by this title is
hereby transferred to the Secretary of the Army.
(b) Reservation.--The lands withdrawn under subsection (a)
are reserved for use by the Secretary of the Army for the
following purposes:
(1) The conduct of combined arms military training at the
National Training Center.
(2) The development and testing of military equipment at
the National Training Center.
(3) Other defense-related purposes consistent with the
purposes specified in paragraphs (1) and (2).
(4) Conservation and related research purposes.
(c) Land Description.--The public lands and interests in
lands withdrawn and reserved by this section comprise
approximately 110,000 acres in San Bernardino County,
California, as generally depicted as ``Proposed Withdrawal
Land'' on the map entitled ``National Training Center--
Proposed Withdrawal of Public Lands for Training Purposes,''
dated September 21, 2000, and filed in accordance with
section 2903.
(d) Changes in Use.--The Secretary of the Army shall
consult with the Secretary of the Interior before using the
lands withdrawn and reserved by this section for any purpose
other than those purposes identified in subsection (b).
(e) Indian Tribes.--Nothing in this title shall be
construed as altering any rights reserved for tribal use by
treaty or Federal law. The Secretary of the Army shall
consult with federally recognized Indian tribes in the
vicinity of the lands withdrawn under subsection (a) before
taking action affecting rights or cultural resources
protected by treaty or Federal law.
SEC. 2903. MAP AND LEGAL DESCRIPTION.
(a) Preparation of Map and Legal Description.--As soon as
practicable after the date of the enactment of this Act, the
Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file a map and legal description of the lands withdrawn
and reserved by this title with the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(b) Legal Effect.--The map and legal description shall have
the same force and effect as if included in this title,
except that the Secretary of the Interior may correct
clerical and typographical errors in the map and legal
description.
(c) Availability.--Copies of the map and the legal
description shall be available for public inspection in the
following offices:
(1) The offices of the California State Director,
California Desert District Office, and Riverside and Barstow
Field Offices of the Bureau of Land Management.
(2) The Office of the Commander, National Training Center
and Fort Irwin.
(d) Costs.--The Secretary of the Army shall reimburse the
Secretary of the Interior for the costs incurred by the
Secretary of the Interior in implementing this section.
SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
(a) General Management Authority.--During the period of the
withdrawal and reservation made by this title, the Secretary
of the Army shall manage the lands withdrawn and reserved by
this title for the purposes specified in section 2902.
(b) Temporary Prohibition on Certain Use.--Military use of
the lands withdrawn and reserved by this title that result in
ground disturbance, as determined by the Secretary of the
Army and the Secretary of the Interior, are prohibited until
the Secretary of the Army and the Secretary of the Interior
certify to Congress that there has been full compliance with
respect to such lands with the appropriate provisions of this
title, the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and other applicable laws.
(c) Access Restrictions.--
(1) In general.--If the Secretary of the Army determines
that military operations, public safety, or national security
require the closure to the public of any road, trail, or
other portion of the lands withdrawn and reserved by this
title, the Secretary may take such action as the Secretary
determines necessary or desirable to effect and maintain such
closure.
(2) Limitation.--Any closure under paragraph (1) shall be
limited to the minimum areas and periods that the Secretary
of the Army determines are required for the purposes
specified in such paragraph.
(3) Notice.--Immediately preceding and during any closure
under paragraph (1), the Secretary of the Army shall post
appropriate warning notices and take other steps, as
necessary, to notify the public of the closure.
(d) Integrated Natural Resources Management Plan.--The
Secretary of the Army shall prepare and implement, in
accordance with title I of the Sikes Act (16 U.S.C. 670 et
seq.), an integrated natural resources management plan for
the lands withdrawn and reserved by this title. In addition
to the elements required under the Sikes Act, the integrated
natural resources management plan shall include the
following:
(1) A requirement that any hunting, fishing, and trapping
on the lands withdrawn and reserved by this title be
conducted in accordance with section 2671 of title 10, United
States Code.
(2) A requirement that the Secretary of the Army take
necessary actions to prevent, suppress, and manage brush and
range fires occurring within the boundaries of Fort Irwin and
brush and range fires occurring outside the boundaries of
Fort Irwin that result from military activities at Fort
Irwin.
(e) Firefighting.--Notwithstanding section 2465 of title
10, United States Code, the Secretary of the Army may
obligate funds appropriated or otherwise available to the
Secretary of the Army to enter into a memorandum of
understanding, cooperative agreement, or contract for fire
fighting services to carry out the requirements of subsection
(d)(2). The Secretary of the Army shall reimburse the
Secretary of the Interior for costs incurred by the Secretary
of the Interior to assist in carrying out the requirements of
such subsection.
(f) Consultation With National Aeronautics and Space
Administration.--In preparing and implementing any plan,
report, assessment, survey, opinion, or impact statement
regarding the lands withdrawn and reserved by this title, the
Secretary of the Army shall consult with the Administrator of
the National Aeronautics and Space Administration whenever
proposed Army actions have the potential to affect the
operations or the environmental management of the Goldstone
Deep Space Communications Complex. The requirement for
consultation shall apply, at a minimum, to the following:
(1) Plans for military training, military equipment
testing, or related activities that have the potential of
impacting communications between Goldstone Deep Space
Communications Complex and space flight missions or other
transmission or receipt of signals from outer space by the
Goldstone Deep Space Communications Complex.
(2) The integrated natural resources management plan
required by subsection (d).
(3) The West Mojave Coordinated Management Plan referred to
in section 2907.
(4) Any document prepared in compliance with the Endangered
Species Act of 1973, the National Environmental Policy Act of
1969, and other laws applicable to the lands withdrawn and
reserved by this title.
(g) Use of Mineral Materials.--Notwithstanding any other
provision of this title or the Act of July 31, 1947 (commonly
known as the Materials Act of 1947, 30 U.S.C. 601 et seq.),
the Secretary of the Army may use sand, gravel, or similar
mineral material resources of the type subject to disposition
under such Act from the lands withdrawn and reserved by this
title if the use of such resources is required for
construction needs of the National Training Center.
SEC. 2905. WATER RIGHTS.
(a) No Reserved Water Right Established.--Nothing in this
title shall be construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on the lands
withdrawn and reserved by this title; or
(2) to authorize the appropriation of water on such lands
by the United States after the date of the enactment of this
Act, except in accordance with applicable State law.
(b) Effect on Previously Acquired or Reserved Water
Rights.--This section shall not be construed to affect any
water rights acquired or reserved by the United States before
the date of the enactment of this Act, and the Secretary of
the Army may exercise any such previously acquired or
reserved water rights.
SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL
RESPONSE REQUIREMENTS.
(a) Agreement Concerning Environment and Public Health.--
The Secretary of the Army and the Secretary of the Interior
may enter into such agreements concerning the environment and
public health as are necessary, appropriate, and in the
public interest to carry out the purposes of this title.
(b) Relation to Other Environmental Laws.--Nothing in this
section shall be construed to alter the rights,
responsibilities, and
[[Page H5841]]
obligations of the Secretary of the Army or the Secretary of
the Interior under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) or other environmental laws applicable to the lands
withdrawn and reserved by this title.
SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN.
(a) Completion.--The Secretary of the Interior shall make
every effort to complete the West Mojave Coordinated
Management Plan not later than two years after the date of
the enactment of this Act.
(b) Consideration of Withdrawal and Reservation Impacts.--
The Secretary of the Interior shall ensure that the West
Mojave Coordinated Management Plan considers the impacts of
the availability or nonavailability of the lands withdrawn
and reserved by this title on the plan as a whole.
(c) Consultation.--The Secretary of the Interior shall
consult with the Secretary of the Army and the Administrator
of the National Aeronautics and Space Administration in the
development of the West Mojave Coordinated Management Plan.
SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.
Congress hereby finds and directs that lands withdrawn and
reserved by this title have been adequately studied for
wilderness designation pursuant to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), and are no longer subject to the requirement of
such section pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of
such areas for preservation as wilderness.
SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY
CORRIDORS.
(a) Required Separation.--All military ground activity
training on the lands withdrawn and reserved by this title
shall remain at least 500 meters from any utility system, in
existence as of the date of the enactment of this Act, in
Utility Planning Corridor D, as described in the California
Desert Conservation Area Plan, dated 1980 and subsequently
amended.
(b) Exception.--Subsection (a) does not modify the use of
any lands used, as of the date of the enactment of this Act,
by the National Training Center for training or alter any
right of access granted by interagency agreement.
SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.
(a) Termination Date.--Unless extended pursuant to section
2911, unless relinquishment is postponed by the Secretary of
the Interior pursuant to section 2912(b), and except as
provided in section 2912(d), the withdrawal and reservation
made by this title shall terminate 25 years after the date of
the enactment of this Act.
(b) Limitation on Subsequent Availability for
Appropriation.--At the time of termination of the withdrawal
and reservation made by this title, the previously withdrawn
lands shall not be open to any forms of appropriation under
the general land laws, including the mining laws and the
mineral and geothermal leasing laws, until the Secretary of
the Interior publishes in the Federal Register an appropriate
order that shall state the date upon which such lands shall
be restored to the public domain and opened.
SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.
(a) Notification Requirement.--Not later than three years
before the termination date specified in section 2910(a), the
Secretary of the Army shall notify Congress and the Secretary
of the Interior concerning whether the Army will have a
continuing military need, beyond the termination date, for
all or any portion of the lands withdrawn and reserved by
this title.
(b) Process for Extension of Withdrawal and Reservation.--
(1) Consultation and application.--If the Secretary of the
Army determines that there will be a continuing military need
after the termination date for any of the lands withdrawn and
reserved by this title, the Secretary of the Army shall--
(A) consult with the Secretary of the Interior concerning
any adjustments to be made to the extent of, or to the
allocation of management responsibility for, such needed
lands; and
(B) file with the Secretary of the Interior, within one
year after the notice required by subsection (a), an
application for extension of the withdrawal and reservation
of such needed lands.
(2) Application requirements.--Notwithstanding any general
procedure of the Department of the Interior for processing
Federal land withdrawals, an application for extension of the
land withdrawal and reservation made by this title shall be
considered to be complete if the application includes the
information required by section 3 of Public Law 85-337
(commonly known as the Engle Act; 43 U.S.C. 157), except that
no information shall be required concerning the use or
development of mineral, timber, or grazing resources unless,
and only to the extent, the Secretary of the Army proposes to
use or develop such resources during the period of extension.
(c) Submission of Proposed Extension to Congress.--The
Secretary of the Interior and the Secretary of the Army may
submit to Congress a legislative proposal for the extension
of the withdrawal and reservation made by this title. The
legislative proposal shall be accompanied by an appropriate
analysis of environmental impacts associated with the
proposal, as required by section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
SEC. 2912. TERMINATION AND RELINQUISHMENT.
(a) Notice of Termination.--During the first 22 years of
the withdrawal and reservation made by this title, if the
Secretary of the Army determines that there is no continuing
military need for the lands withdrawn and reserved by this
title, or any portion of such lands, the Secretary of the
Army shall submit to the Secretary of the Interior a notice
of intent to relinquish jurisdiction over such lands. The
notice shall specify the proposed date of relinquishment.
(b) Acceptance of Jurisdiction.--The Secretary of the
Interior may accept jurisdiction over any lands covered by a
notice under subsection (a) if the Secretary of the Interior
determines that the Secretary of the Army has taken or will
take all environmental response and restoration activities
required under applicable laws and regulations.
(c) Notice of Acceptance.--If the Secretary of the Interior
decides to accept jurisdiction over lands covered by a notice
under subsection (a) before the termination date of the
withdrawal and reservation, the Secretary shall publish in
the Federal Register an appropriate order that shall--
(1) terminate the withdrawal and reservation of such lands
under this title;
(2) constitute official acceptance of administrative
jurisdiction over the lands by the Secretary of the Interior;
and
(3) state the date upon which such lands shall be opened to
the operation of the general land laws, including the mining
laws and the mineral and geothermal leasing laws, if
appropriate.
(d) Retained Army Jurisdiction.--Notwithstanding the
termination date specified in section 2910, unless and until
the Secretary of the Interior accepts jurisdiction of land
proposed for relinquishment pursuant to this section, such
land shall remain withdrawn and reserved for the Secretary of
the Army for the limited purposes of environmental response
and restoration actions under section 2906 and continued land
management responsibilities pursuant to the integrated
natural resources management plan required under section
2904, until such environmental response and restoration
activities on those lands are completed.
(e) Severability of Functions.--All functions described
under this section, including transfers, relinquishments,
extensions, and other determinations, may be made on a
parcel-by-parcel basis.
SEC. 2913. DELEGATION OF AUTHORITY.
(a) Secretary of the Army.--The Secretary of the Army may
delegate to officials in the Department of the Army such
functions as the Secretary of the Army may determine
appropriate to carry out this title.
(b) Secretary of the Interior.--The functions of the
Secretary of the Interior under this title may be delegated,
except that the order described in section 2912(c) may be
approved and signed only by the Secretary of the Interior,
the Deputy Secretary of the Interior, or an Assistant
Secretary of the Department of the Interior.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for the activities
of the National Nuclear Security Administration in carrying
out programs necessary for national security in the amount of
$6,859,895,000, to be allocated as follows:
(1) Weapons activities.--For weapons activities,
$5,369,488,000, to be allocated as follows:
(A) For stewardship operation and maintenance,
$4,527,192,000, to be allocated as follows:
(i) For directed stockpile work, $1,043,791,000.
(ii) For campaigns, $2,036,413,000, to be allocated as
follows:
(I) For operation and maintenance, $1,653,441,000.
(II) For construction, $382,972,000, to be allocated as
follows:
Project 01-D-101, distributed information systems
laboratory, Sandia National Laboratories, Livermore,
California, $5,400,000.
Project 00-D-103, terascale simulation facility, Lawrence
Livermore National Laboratory, Livermore, California,
$20,000,000.
Project 00-D-105, strategic computing complex, Los Alamos
National Laboratory, Los Alamos, New Mexico, $11,070,000.
Project 00-D-107, joint computational engineering
laboratory, Sandia National Laboratories, Albuquerque, New
Mexico, $5,377,000.
Project 98-D-125, tritium extraction facility, Savannah
River Plant, Aiken, South Carolina, $81,125,000.
Project 98-D-126, accelerator production of tritium (APT),
various locations, $15,000,000.
Project 96-D-111, national ignition facility (NIF),
Lawrence Livermore National Laboratory, Livermore,
California, $245,000,000.
(iii) For readiness in technical base and facilities,
$1,446,988,000, to be allocated as follows:
(I) For operation and maintenance, $1,292,324,000.
(II) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $154,664,000, to be allocated as follows:
Project 02-D-101, microsystems and engineering sciences
applications (MESA), Sandia National Laboratories,
Albuquerque, New Mexico, $2,000,000.
Project 02-D-103, project engineering and design (PED),
various locations, $9,180,000.
Project 02-D-107, electrical power systems safety
communications and bus upgrades, Nevada Test Site, Nevada,
$3,507,000.
Project 01-D-103, preliminary project design and
engineering, various locations, $45,379,000.
[[Page H5842]]
Project 01-D-124, highly enriched uranium (HEU) materials
storage facility, Y-12 Plant, Oak Ridge, Tennessee,
$9,500,000.
Project 01-D-126, weapons evaluation test laboratory,
Pantex Plant, Amarillo, Texas, $7,700,000.
Project 01-D-800, sensitive compartmented information
facility, Lawrence Livermore National Laboratory, Livermore,
California, $12,993,000.
Project 99-D-103, isotope sciences facilities, Lawrence
Livermore National Laboratory, Livermore, California,
$4,400,000.
Project 99-D-104, protection of real property (roof
reconstruction, phase II), Lawrence Livermore National
Laboratory, Livermore, California, $2,800,000.
Project 99-D-106, model validation and system certification
center, Sandia National Laboratories, Albuquerque, New
Mexico, $4,955,000.
Project 99-D-125, replace boilers and controls, Kansas City
Plant, Kansas City, Missouri, $300,000.
Project 99-D-127, stockpile management restructuring
initiative, Kansas City plant, Kansas City, Missouri,
$22,200,000.
Project 99-D-128, stockpile management restructuring
initiative, Pantex Plant, Amarillo, Texas, $3,300,000.
Project 98-D-123, stockpile management restructuring
initiative, tritium facility modernization and consolidation,
Savannah River Plant, Aiken, South Carolina, $13,700,000.
Project 98-D-124, stockpile management restructuring
initiative, Y-12 consolidation, Oak Ridge, Tennessee,
$6,850,000.
Project 97-D-123, structural upgrades, Kansas City Plant,
Kansas City, Missouri, $3,000,000.
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $2,900,000.
(B) For facilities and infrastructure, $50,600,000.
(C) For secure transportation asset, $121,800,000, to be
allocated as follows:
(i) For operation and maintenance, $77,571,000.
(ii) For program direction, $44,229,000.
(D) For safeguards and security, $448,881,000, to be
allocated as follows:
(i) For operations and maintenance, $439,281,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $9,600,000, to be allocated as follows:
Project 99-D-132, stockpile management restructuring
initiative, nuclear material safeguards and security upgrades
project, Los Alamos National Laboratory, Los Alamos, New
Mexico, $9,600,000.
(E) For program direction, $250,000,000.
(F) The total amount authorized by this paragraph is the
sum of the amounts authorized to be appropriated by
subparagraphs (A) through (E), reduced by $28,985,000, to be
derived from a security charge for reimbursable work.
(2) Defense nuclear nonproliferation.--For other nuclear
security activities, $773,700,000, to be allocated as
follows:
(A) For nonproliferation and verification research and
development, $206,102,000, to be allocated as follows:
(i) For operation and maintenance, $170,296,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $35,806,000, to be allocated as follows:
Project 00-D-192, nonproliferation and international
security center (NISC), Los Alamos National Laboratory, Los
Alamos, New Mexico, $35,806,000.
(B) For arms control, $101,500,000.
(C) For international materials protection, control, and
accounting, $138,800,000.
(D) For highly enriched uranium transparency
implementation, $13,950,000.
(E) For international nuclear safety, $10,800,000.
(F) For fissile materials control and disposition,
$293,089,000, to be allocated as follows:
(i) For United States surplus fissile materials
disposition, $236,089,000, to be allocated as follows:
(I) For operation and maintenance, $130,089,000.
(II) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $106,000,000, to be allocated as follows:
Project 01-D-407, highly enriched uranium blend-down,
Savannah River Site, Aiken, South Carolina, $24,000,000.
Project 99-D-141, pit disassembly and conversion facility,
Savannah River Site, Aiken, South Carolina, $16,000,000.
Project 99-D-143, mixed oxide fuel fabrication facility,
Savannah River Site, Aiken, South Carolina, $63,000,000.
Project 99-D-142, immobilization and associated processing
facility, Savannah River Site, Aiken, South Carolina,
$3,000,000.
(ii) For Russian surplus fissile materials disposition,
$57,000,000, to be allocated as follows:
(I) For Russian plutonium disposition, and support and
oversight in the United States, $56,000,000.
(II) For advanced reactor technology, $1,000,000.
(G) For program direction, $51,459,000.
(H) The total amount authorized by this paragraph is the
sum of the amounts authorized to be appropriated by
subparagraphs (A) through (G), reduced by $42,000,000, to be
derived from offsets and use of prior year balances.
(3) Naval reactors.--For naval reactors, $688,045,000, to
be allocated as follows:
(A) For naval reactors development, $665,445,000, to be
allocated as follows:
(i) For operation and maintenance, $652,245,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $13,200,000, to be allocated as follows:
Project 01-D-200, major office replacement building,
Schenectady, New York, $9,000,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, $4,200,000.
(B) For program direction, $22,600,000.
(4) Defense nuclear counterintelligence.--For defense
nuclear counterintelligence, $13,662,000.
(5) Office of administrator for nuclear security.--For the
Office of the Administrator for Nuclear Security, for program
direction, $15,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2002
for environmental restoration and waste management activities
in carrying out programs necessary for national security in
the amount of $4,646,427,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2836; 42 U.S.C. 7277n), $1,050,538,000.
(2) Site/project completion.--For site completion and
project completion in carrying out environmental management
activities necessary for national security programs,
$920,196,000, to be allocated as follows:
(A) For operation and maintenance, $872,030,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$48,166,000, to be allocated as follows:
Project 02-D-420, FB line plutonium stabilization and
packaging, Savannah River Site, Aiken, South Carolina,
$20,000,000.
Project 01-D-402, Intec cathodic protection system
expansion, Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $3,256,000.
Project 01-D-414, preliminary project, engineering and
design (PE&D), various locations, $10,254,000.
Project 99-D-402, tank farm support services, F&H areas,
Savannah River Site, Aiken, South Carolina, $5,040,000.
Project 99-D-404, health physics instrumentation
laboratory, Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $2,700,000.
Project 98-D-453, plutonium stabilization and handling
system for plutonium finishing plant, Richland, Washington,
$1,910,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
and air conditioning and chiller retrofit, Savannah River
Site, Aiken, South Carolina, $4,244,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $762,000.
(3) Post-2006 completion.--For post-2006 completion in
carrying out environmental restoration and waste management
activities necessary for national security programs,
$3,021,201,000, to be allocated as follows:
(A) For operation and maintenance, $1,761,979,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$6,754,000, to be allocated as follows:
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$6,754,000.
(C) For the Office of River Protection in carrying out
environmental restoration and waste management activities
necessary for national security programs, $832,468,000, to be
allocated as follows:
(i) For operation and maintenance, $272,151,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $560,317,000, to be allocated as follows:
Project 01-D-416, waste treatment and immobilization plant,
Richland, Washington, $520,000,000.
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $33,473,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $6,844,000.
(4) Science and technology development.--For science and
technology development in carrying out environmental
restoration and waste management activities necessary for
national security programs, $196,000,000.
(5) Excess facilities.--For excess facilities in carrying
out environmental restoration and waste management activities
necessary for national security programs, $1,300,000.
(6) Safeguards and security.--For safeguards and security
in carrying out environmental restoration and waste
management activities necessary for national security
programs, $205,621,000.
(7) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs, $355,761,000.
[[Page H5843]]
(b) Adjustment.--The total amount authorized to be
appropriated by subsection (a) is the sum of the amounts
authorized to be appropriated by paragraphs (1) through (7)
of that subsection, reduced by $53,652,000, to be derived
from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2002
for other defense activities in carrying out programs
necessary for national security in the amount of
$502,099,000, to be allocated as follows:
(1) Intelligence.--For intelligence, $40,844,000.
(2) Counterintelligence.--For counterintelligence,
$32,727,000.
(3) Security and emergency operations.--For security and
emergency operations, $269,250,000, to be allocated as
follows:
(A) For nuclear safeguards and security, $121,188,000.
(B) For security investigations, $44,927,000.
(C) For corporate management information programs,
$20,000,000.
(D) For program direction, $83,135,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,904,000.
(5) Environment, safety, and health.--For the Office of
Environment, Safety, and Health, $105,293,000, to be
allocated as follows:
(A) For environment, safety, and health (defense),
$84,500,000.
(B) For program direction, $20,793,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $21,900,000, to be
allocated as follows:
(A) For worker and community transition, $19,000,000.
(B) For program direction, $2,900,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $2,893,000.
(8) National security programs administrative support.--For
national security programs administrative support,
$25,000,000.
(b) Adjustment.--The amount authorized to be appropriated
pursuant to subsection (a) is the total of the amounts
authorized to be appropriated by paragraphs (1) through (8)
of that subsection, reduced by $10,712,000, of which
$10,000,000 is to reflect an offset provided by use of prior
year balances and $712,000 is to reflect an offset provided
by user organizations for security investigations.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for privatization
initiatives in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $126,208,000, to be allocated as
follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $49,332,000.
Project 97-PVT-2, advanced mixed waste treatment project
Idaho Falls, Idaho, $40,000,000.
Project 97-PVT-3, transuranic waste treatment, Oak Ridge,
Tennessee, $10,826,000.
Project 98-PVT-5, environmental management/waste management
disposal, Oak Ridge, Tennessee, $26,050,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2002 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $310,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and a period of 30 days has elapsed after
the date on which such committees receive the report, the
Secretary may not use amounts appropriated pursuant to this
title for any program--
(1) in amounts that exceed, in a fiscal year, the amount
authorized for that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of the proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $5,000,000, the Secretary shall immediately
furnish a report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, authorized by
3101, 3102, or 3103, or which is in support of national
security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25
percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) does not apply to a
construction project with a current estimated cost of less
than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
time period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to
paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations.
Amounts of authorizations so transferred may be merged with
and be available for the same purposes and for the same
period as the authorization to which the amounts are
transferred.
(2) Not more than 5 percent of any such authorization may
be transferred between authorizations under paragraph (1). No
such authorization may be increased or decreased by more than
5 percent by a transfer under such paragraph.
(c) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may be used only to provide funds for items relating to
activities necessary for national security programs that have
a higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committees on Armed Services of the
Senate and House of Representatives of any transfer of funds
to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement of Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for that design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including funds authorized to be
appropriated for advance planning and construction design
under sections 3101, 3102, and 3103, to perform planning,
design, and construction activities for any Department of
Energy national security program construction project that,
as determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs
of national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making those activities necessary.
[[Page H5844]]
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriation Acts and section
3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when
so specified in an appropriations Act, amounts appropriated
for operation and maintenance or for plant projects may
remain available until expended.
(b) Exception for Program Direction Funds.--Amounts
appropriated for program direction pursuant to an
authorization of appropriations in subtitle A shall remain
available to be expended only until the end of fiscal year
2003.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS AT FIELD OFFICES OF THE DEPARTMENT OF
ENERGY.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the
office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or
from any program or project under subsection (a) in a fiscal
year.
(2) The amount transferred to or from a program or project
under subsection (a) may not exceed $5,000,000 in a fiscal
year.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds at
the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied
funds or for a new program or project that has not been
authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Assistant Secretary of Energy for Environmental Management,
shall notify Congress of any transfer of funds pursuant to
subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in paragraph
(2) or (3) of section 3102.
(B) A program or project not described in subparagraph (A)
that is for environmental restoration or waste management
activities necessary for national security programs of the
Department, that is being carried out by the office, and for
which defense environmental management funds have been
authorized and appropriated before the date of the enactment
of this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental
restoration and waste management activities necessary for
national security programs.
(f ) Duration of Authority.--The managers of the field
offices of the Department may exercise the authority provided
under subsection (a) during fiscal year 2002.
SEC. 3130. TRANSFERS OF WEAPONS ACTIVITIES FUNDS AT NATIONAL
SECURITY LABORATORIES AND NUCLEAR WEAPONS
PRODUCTION FACILITIES.
(a) Transfer Authority.--The Secretary of Energy, acting
through the Administrator for Nuclear Security, shall provide
the head of each national security laboratory and nuclear
weapons production facility with the authority to transfer
weapons activities funds from a program under the
jurisdiction of such laboratory or facility to another such
program.
(b) Limitations.--(1) The amount transferred under
subsection (a) by a laboratory or facility in a fiscal year
may not exceed the lesser of--
(A) $5,000,000; and
(B) 10 percent of the total weapons activities funds
available to that laboratory or facility in that fiscal year
for programs under the jurisdiction of such laboratory or
facility.
(2) A transfer may not be carried out under subsection (a)
unless the head of the laboratory or facility determines that
the transfer will result in cost savings and efficiencies.
(3) A transfer may not be carried out under subsection (a)
to cover a cost overrun or scheduling delay for any program.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied,
limited, or increased funds or for a new program that has not
been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Administrator for Nuclear Security, shall notify Congress of
any transfer of funds pursuant to subsection (a) not later
than 30 days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program'' means, with respect to a national
security laboratory or nuclear weapons production facility,
any of the following:
(A) A program referred to or listed in paragraph (1) of
section 3101.
(B) A program not described in subparagraph (A) that is for
weapons production or weapons component production of the
National Nuclear Security Administration that is being
carried out by the laboratory or facility, and for which
weapons activities funds have been authorized and
appropriated before the date of the enactment of this Act.
(2) The term ``weapons activities funds'' means funds
appropriated to the Department of Energy pursuant to an
authorization for weapons activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security.
(3) The terms ``national security laboratory'' and
``nuclear weapons production facility'' have the meanings
given such terms in section 3281 of the National Nuclear
Security Administration Act (title XXXII of Public Law 106-
65; 113 Stat. 968; 50 U.S.C. 2471).
(f) Duration of Authority.--The heads of the national
security laboratories and nuclear weapons production
facilities may exercise the authority provided under
subsection (a) during fiscal year 2002.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. TERMINATION DATE OF OFFICE OF RIVER PROTECTION,
RICHLAND, WASHINGTON.
Subsection (f) of section 3139 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2250), as amended by section
3141 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-462), is amended to read as follows:
``(f) Termination.--(1) The Office shall terminate on the
later to occur of the following dates:
``(A) September 30, 2010.
``(B) The date on which the Assistant Secretary of Energy
for Environmental Management determines, in consultation with
the head of the Office, that continuation of the Office is no
longer necessary to carry out the responsibilities of the
Department of Energy under the Tri-Party Agreement.
``(2) The Assistant Secretary shall notify, in writing, the
committees referred to in subsection (d) of a determination
under paragraph (1).
``(3) In this subsection, the term `Tri-Party Agreement'
means the Hanford Federal Facility Agreement and Consent
Order entered into among the Department of Energy, the
Environmental Protection Agency, and the State of Washington
Department of Ecology.''.
SEC. 3132. ORGANIZATIONAL MODIFICATIONS FOR NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Establishment of Principal Deputy Administrator.--(1)
Subtitle A of the National Nuclear Security Administration
Act is amended by inserting after section 3213 (50 U.S.C.
2403) the following new section:
``SEC. 3213A. PRINCIPAL DEPUTY ADMINISTRATOR.
``(a) In General.--(1) There is in the Administration a
Principal Deputy Administrator, who is appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Principal Deputy Administrator shall be appointed
from among persons who--
``(A) have extensive background in national security,
organizational management, and appropriate technical fields;
and
``(B) are well qualified to manage the nuclear weapons,
nonproliferation, and materials disposition programs of the
Administration in a manner that advances and protects the
national security of the United States.
``(b) Duties.--Subject to the authority, direction, and
control of the Administrator, the Principal Deputy
Administrator shall perform such duties and exercise such
powers as the Administrator may prescribe, including the
coordination of activities among the elements of the
Administration. The Principal Deputy Administrator shall act
for, and exercise the powers of, the Administrator when the
Administrator is disabled or the position of Administrator is
vacant.''.
(2) The table of contents preceding section 3201 of such
Act is amended by inserting after the item relating to
section 3213 the following new item:
``Sec. 3213A. Principal Deputy Administrator.''
(3) Section 5315 of title 5, United States Code, is
amended--
(A) by inserting before the item relating to Deputy
Administrators of the National Nuclear Security
Administration the following new item:
``Principal Deputy Administrator, National Nuclear Security
Administration.''; and
(B) by inserting ``Additional'' before ``Deputy
Administrators of the National Nuclear Security
Administration''.
(b) Elimination of Requirement that National Security
Laboratories and Nuclear Weapons Production Facilities Report
to Deputy Administrator for Defense Programs.--Section 3214
of the National Nuclear Security Administration Act (50
U.S.C. 2404) is amended by striking subsection (c).
(c) Repeal of Duplicative Provision.--Section 3245 of the
National Nuclear Security Administration Act (50 U.S.C. 2443)
is repealed.
SEC. 3133. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PROGRAM
WITH INITIATIVES FOR PROLIFERATION PREVENTION
PROGRAM.
The Administrator for Nuclear Security shall consolidate
the Nuclear Cities Initiative program with the Initiatives
for Proliferation Prevention program under a single
management line. The consolidation shall be completely
accomplished not later than July 1, 2002.
[[Page H5845]]
SEC. 3134. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM AT
SAVANNAH RIVER SITE, AIKEN, SOUTH CAROLINA.
(a) Consultation Required.--The Secretary of Energy shall
consult with the Governor of the State of South Carolina
regarding any decisions or plans of the Secretary related to
the disposition of surplus defense plutonium located at the
Savannah River Site, Aiken, South Carolina, including the
plan required by subsection (b).
(b) Plan for Disposition.--Not later than February 1, 2002,
the Secretary shall submit to Congress a plan for disposal of
the surplus defense plutonium currently located at the
Savannah River Site and for disposal of defense plutonium and
defense plutonium materials to be shipped to the Savannah
River Site in the future. The plan shall review each option
considered for such disposal, identify the preferred option,
and state the cost of construction and operation of the
facilities required by the Department of Energy's Record of
Decision for the Storage and Disposition of Weapons-Usable
Fissile Materials Final Programmatic Environmental Impact
Statement dated January 14, 1997. The plan shall also specify
a schedule for the expeditious construction of such
facilities, including milestones, and a firm schedule for
funding the cost of such facilities. The plan shall specify,
in addition, the means by which all such plutonium will be
removed in a timely manner from the Savannah River Site for
storage or disposal elsewhere.
(c) Requirement for Alternative Disposition.--If the
Secretary determines that proceeding with construction of the
Plutonium Immobilization Plant at the Savannah River Site is
not feasible, the Department shall modify the design of the
Mixed Oxide Fuel Fabrication facility at the Savannah River
Site so that it includes an immobilization capability. If the
Secretary determines that proceeding with the Mixed Oxide
Fuel Fabrication facility is not feasible, the Department
shall proceed with construction of the Plutonium
Immobilization Plant.
(d) Limitation on Plutonium Shipments.--If the plan
required in subsection (b) is not submitted to Congress by
February 1, 2002, the Secretary shall be prohibited from
shipping defense plutonium or defense plutonium materials to
the Savannah River Site during the period beginning on
February 1, 2002, and ending on the date on which such plan
is submitted to Congress.
SEC. 3135. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF
LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.
(a) Support for Fiscal 2002.--From amounts appropriated or
otherwise made available to the Secretary of Energy by this
title--
(1) $5,000,000 shall be available for payment by the
Secretary for fiscal year 2002 to the not-for-profit Los
Alamos National Laboratory Foundation, as chartered in
accordance with section 3167(a) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2052); and
(2) $8,000,000 shall be available for extension of the
contract between the Department of Energy and the Los Alamos
Public Schools through fiscal year 2002.
(b) Support for Fiscal 2003.--Subject to the availability
of appropriations, the Secretary is authorized to--
(1) make payment for fiscal year 2003 similar to the
payment referred to in subsection (a)(1); and
(2) provide for a contract extension through fiscal 2003
similar to the contract extension referred to in subsection
(a)(2).
(c) Use of Funds.--The foundation referred to in subsection
(a)(1) shall--
(1) utilize funds provided under this section as a
contribution to the endowment fund for the foundation; and
(2) use the income generated from investments in the
endowment fund that are attributable to payments made under
this section to fund programs to support the educational
needs of children in public schools in the vicinity of Los
Alamos National Laboratory.
(d) Report.--Not later than March 1, 2002, the Secretary
shall submit to the congressional defense committees a report
setting forth the following:
(1) An evaluation of the requirements for continued
payments beyond fiscal year 2003 into the endowment fund of
the foundation referred to in subsection (a) to enable the
foundation to meet the goals of the Department to support the
recruitment and retention of staff at the Los Alamos National
Laboratory.
(2) The Secretary's recommendations for any further support
beyond fiscal year 2003 directly to the Los Alamos Public
Schools.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2002, $18,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund established under section 9(a) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h(a)).
(3) The term ``Market Impact Committee'' means the Market
Impact Committee appointed under section 10(c) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h-1(c)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2002, the National Defense Stockpile Manager may obligate up
to $65,200,000 of the funds in the National Defense Stockpile
Transaction Fund for the authorized uses of such funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)), including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3303. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS
CONTAINED IN NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authorized.--Subject to subsection (b), the
President may dispose of certain materials contained in the
National Defense Stockpile that are obsolete or excess to
stockpile requirements, in the quantities specified in the
following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Bauxite, Refractory....................... 40,000 short tons
Chromium Metal............................ 3,512 short tons
Iridium................................... 25,140 troy ounces
Jewel Bearings............................ 30,273,221 pieces
Manganese, Ferro HC....................... 209,074 short tons
Palladium................................. 11 troy ounces
Quartz Crystal............................ 216,648 pounds
Tantalum Metal Ingot...................... 120,228 pounds of contained
Tantalum
Tantalum Metal Powder..................... 36,020 pounds of contained
Tantalum
Thorium Nitrate........................... 600,000 pounds
------------------------------------------------------------------------
(b) Consultation With Market Impact Committee.--In
disposing of materials under subsection (a), the President
shall consult with the Market Impact Committee to ensure that
the disposal of the materials does not disrupt the usual
markets of producers, processors, and consumers of the
materials.
(c) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal
authority and is in addition to, and shall not affect, any
other disposal authority provided by law regarding the
materials specified in the table in such subsection.
SEC. 3304. EXPEDITED IMPLEMENTATION OF AUTHORITY TO DISPOSE
OF COBALT FROM NATIONAL DEFENSE STOCKPILE.
Section 3305(a)(1) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d
note) is amended by striking ``fiscal year 2003'' and
inserting ``the two-fiscal year period ending September 30,
2003''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $17,371,000 for fiscal year 2002
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
[[Page H5846]]
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2002.
Funds are hereby authorized to be appropriated for fiscal
year 2002, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $89,054,000.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936 (46
App. U.S.C. 1271 et seq.), $103,978,000, of which--
(A) $100,000,000 is for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $3,978,000 is for administrative expenses related to
loan guarantee commitments under the program.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $10,000,000.
SEC. 3502. DEFINE ``WAR RISKS'' TO VESSELS TO INCLUDE
CONFISCATION, EXPROPRIATION, NATIONALIZATION,
AND DEPRIVATION OF THE VESSELS.
Section 1201(c) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1281(c)) is amended to read as follows:
``(c) The term `war risks' includes to such extent as the
Secretary may determine--
``(1) all or any part of any loss that is excluded from
marine insurance coverage under a `free of capture or
seizure' clause, or under analogous clauses; and
``(2) other losses from hostile acts, including
confiscation, expropriation, nationalization, or
deprivation.''.
SEC. 3503. HOLDING OBLIGOR'S CASH AS COLLATERAL UNDER TITLE
XI OF MERCHANT MARINE ACT, 1936.
Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271 et seq.) is amended by inserting after section 1108 the
following:
``SEC. 1109. DEPOSIT FUND.
``(a) Establishment of Deposit Fund.--There is established
in the Treasury a deposit fund for purposes of this section.
The Secretary may, in accordance with an agreement under
subsection (b), deposit into and hold in the deposit fund
cash belonging to an obligor to serve as collateral for a
guarantee under this title made with respect to the obligor.
``(b) Agreement.--
``(1) In general.--The Secretary and an obligor shall enter
into a reserve fund or other collateral account agreement to
govern the deposit, withdrawal, retention, use, and
reinvestment of cash of the obligor held in the deposit fund
established by subsection (a).
``(2) Terms.--The agreement shall contain such terms and
conditions as are required under this section and such
additional terms as are considered by the Secretary to be
necessary to protect fully the interests of the United
States.
``(3) Security interest of united states.--The agreement
shall include terms that grant to the United States a
security interest in all amounts deposited into the deposit
fund.
``(c) Investment.--The Secretary may invest and reinvest
any part of the amounts in the deposit fund established by
subsection (a) in obligations of the United States with such
maturities as ensure that amounts in the deposit fund will be
available as required for purposes of agreements under
subsection (b). Cash balances of the deposit fund in excess
of current requirements shall be maintained in a form of
uninvested funds and the Secretary of the Treasury shall pay
interest on these funds.
``(d) Withdrawals.--
``(1) In general.--The cash deposited into the deposit fund
established by subsection (a) may not be withdrawn without
the consent of the Secretary.
``(2) Use of income.--Subject to paragraph (3), the
Secretary may pay any income earned on cash of an obligor
deposited into the deposit fund in accordance with the terms
of the agreement with the obligor under subsection (b).
``(3) Retention against default.--The Secretary may retain
and offset any or all of the cash of an obligor in the
deposit fund, and any income realized thereon, as part of the
Secretary's recovery against the obligor in case of a default
by the obligor on an obligation.''.
Amend the title so as to read: ``A bill to authorize
appropriations for fiscal year 2002 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.''.
The CHAIRMAN. No amendment to the committee amendment in the nature
of a substitute is in order except those specified in the previous
order of the House.
Except as specified in that order, each amendment printed in the
report shall be considered only in the order placed at the desk, may be
offered only by a Member designated on the amendment or a designee,
shall be considered read, and shall not be subject to a demand for a
division of the question.
Each amendment shall be debatable for 10 minutes, equally divided and
controlled by the proponent and an opponent of the amendment, and shall
not be subject to amendment, except that the chairman and ranking
minority member each may offer one pro forma amendment for the purpose
of further debate on any pending amendment.
It shall be in order at any time for the chairman of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments not earlier disposed of or germane modifications of any
such amendment.
The amendments en bloc shall be considered read, except that
modifications shall be reported, shall be debatable for 10 minutes,
equally divided and controlled by the chairman and ranking minority
member, or their designees.
The original proponent of an amendment included in the amendments en
bloc may insert a statement in the Congressional Record immediately
before disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may recognize for
consideration of amendments out of the order previously specified, but
not sooner than 1 hour after the chairman of the Committee on Armed
Services or a designee announces from the floor a request to that
effect.
After disposition of the amendments specified in the previous order
of the House, the Committee shall rise without motion. No further
consideration of the bill shall be in order except pursuant to a
subsequent order of the House.
Amendments En Bloc Offered by Mr. Stump
Mr. STUMP. Madam Chairman, I offer amendments en bloc made in order
by order of the House of yesterday.
The CHAIRMAN. The Clerk will designate the amendments en bloc.
The text of the amendments en bloc is as follows:
Amendments En Bloc offered by Mr. Stump: consisting of the
amendments originally proposed by the following Members
and made in order by the order of the House of September
19, 2001:
Mr. Hall of Ohio,
Mr. Manzullo,
Mr. Lantos,
Mr. Spratt,
Mr. Stearns (Amdt #50),
Mr. Weldon of Pennsylvania (Amdt #81),
Mr. Ehrlich,
Mr. Kirk,
Mr. Boyd,
Mr. Farr of California, and
Mr. Lewis of California:
Amendment Offered by Mr. Hall of Ohio:
At the end of title II (page 43, after line 9), insert the
following new subtitle:
Subtitle E--Air Force Science and Technology for the 21st Century
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``Air Force Science and
Technology for the 21st Century Act''.
SEC. 252. SCIENCE AND TECHNOLOGY INVESTMENT AND DEVELOPMENT
PLANNING.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Air Force should carry out each of the
following:
(1) Continue and improve efforts to ensure that--
(A) the Air Force science and technology community is
represented, and the recommendations of that community are
considered, at all levels of program planning and budgetary
decisionmaking within the Air Force;
(B) advocacy for science and technology development is
institutionalized across all levels of Air Force management
in a manner that is not dependent on individuals; and
(C) the value of Air Force science and technology
development is made increasingly apparent to the warfighters,
by linking the needs of those warfighters with decisions on
science and technology development.
(2) Complete and adopt a policy directive that provides for
changes in how the Air Force makes budgetary and nonbudgetary
decisions with respect to its science and technology
development programs and how it carries out those programs.
(3) At least once every five years, conduct a review of the
long-term challenges and short-term objectives of the Air
Force science and technology programs that is consistent with
the review specified in section 252 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-46).
(4) Ensure that development and science and technology
planning and investment activities are carried out for future
space warfighting systems and for future nonspace warfighting
systems in an integrated manner.
(5) Elevate the position within the Office of the Secretary
of the Air Force that has primary responsibility for budget
and policy decisions for science and technology programs.
(b) Reinstatement of Development Planning.--(1) The
Secretary of the Air Force shall reinstate and implement a
revised development planning process that provides for each
of the following:
[[Page H5847]]
(A) Coordinating the needs of Air Force warfighters with
decisions on science and technology development.
(B) Giving input into the establishment of priorities among
science and technology programs.
(C) Analyzing Air Force capability options for the
allocation of Air Force resources.
(D) Developing concepts for technology, warfighting
systems, and operations with which the Air Force can achieve
its critical future goals.
(E) Evaluating concepts for systems and operations that
leverage technology across Air Force organizational
boundaries.
(F) Ensuring that a ``system-of-systems'' approach is used
in carrying out the various Air Force capability planning
exercises.
(G) Utilizing existing analysis capabilities within the Air
Force product centers in a collaborative and integrated
manner.
(2) Not later than one year after the date of the enactment
of this Act, the Secretary of the Air Force shall submit to
Congress a report on the implementation of the planning
process required by paragraph (1). The report shall include
the annual amount that the Secretary considers necessary to
carry out paragraph (1).
SEC. 253. STUDY AND REPORT ON EFFECTIVENESS OF AIR FORCE
SCIENCE AND TECHNOLOGY PROGRAM CHANGES.
(a) Requirement.--The Secretary of the Air Force, in
cooperation with the National Research Council of the
National Academy of Sciences, shall carry out a study to
determine how the changes to the Air Force science and
technology program implemented during the past two years
affect the future capabilities of the Air Force.
(b) Matters Studied.--(1) The study shall independently
review and assess whether such changes as a whole are
sufficient to ensure the following:
(A) That the concerns about the management of the science
and technology program that have been raised by the Congress,
the Defense Science Board, the Air Force Science Advisory
Board, and the Air Force Association have been adequately
addressed.
(B) That appropriate and sufficient technology is available
to ensure the military superiority of the United States and
counter future high-risk threats.
(C) That the science and technology investments are
balanced to meet the near-, mid-, and long-term needs of the
Air Force.
(D) That technologies are made available that can be used
to respond flexibly and quickly to a wide range of future
threats.
(E) That the Air Force organizational structure provides
for a sufficiently senior level advocate of science and
technology to ensure an ongoing, effective presence of the
science and technology community during the budget and
planning process.
(2) In addition, the study shall independently assess the
specific changes to the Air Force science and technology
program as follows:
(A) Whether the biannual science and technology summits
provide sufficient visibility into, and understanding and
appreciation of, the value of the science and technology
program to the senior level of Air Force budget and policy
decisionmakers.
(B) Whether the applied technology councils are effective
in contributing the input of all levels beneath the senior
leadership into the coordination, focus, and content of the
science and technology program.
(C) Whether the designation of the commander of the Air
Force Materiel Command as the science and technology budget
advocate is effective to assure that an adequate budget top
line is set.
(D) Whether the revised development planning process is
effective to aid in the coordination of the needs of the Air
Force warfighters with decisions on science and technology
investments and the establishment of priorities among
different science and technology programs.
(E) Whether the implementation of section 252 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-46) is effective to identify the basis for the
appropriate science and technology program top line and
investment portfolio.
(c) Report.--Not later than 60 days after the date on which
the study required by subsection (a) is completed, the
Secretary of the Air Force shall submit to Congress the
results of the study.
(d) Funding.--Of the amount made available pursuant to
section 201(3) for research, development, test, and
evaluation for the Air Force, $950,000 shall be available
only to carry out this section.
____
Amendment Offered by Mr. Manzullo:
At the end of subtitle A of title VIII (page 248, after
line 9), insert the following new section:
SEC. 8____. INCREASE OF ASSISTANCE LIMITATION REGARDING
PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
Section 2414(a)(1) of title 10, United States Code, is
amended by striking ``$300,000'' and inserting ``$600,000''.
____
Amendment Offered by Mr. Lantos:
Strike section 1044 (page 281 beginning line 6), relating
to a sense of the Congress regarding Kwajalein Atoll.
____
Amendment Offered by Mr. Spratt:
At the end of title X (page 307, after line 20), insert the
following new section:
SEC. 10____. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL
OCEANOGRAPHIC LABORATORY SYSTEM.
Subsection (g) of section 2667 of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(3) Paragraph (1) does not apply to a renewal or
extension of a lease by the Secretary of the Navy with a
selected institution for operation of a ship within the
University National Oceanographic Laboratory System if, under
the lease, each of the following applies:
``(A) Use of the ship is restricted to federally supported
research programs and to non-Federal uses under specific
conditions with approval by the Secretary of the Navy.
``(B) Because of the anticipated value to the Navy of the
oceanographic research and training that will result from the
ship's operation, no monetary lease payments are required
from the lessee under the initial lease or under any renewal
or extension.
``(C) The lessee is required to maintain the ship in a good
state of repair, readiness, and efficient operating
condition, conform to all applicable regulatory requirements,
and assume full responsibility for the safety of the ship,
its crew, and scientific personnel aboard.''.
____
Amendment Offered by Mr. Stearns:
At the end of subtitle E of title X (page 307, after line
20), insert the following new section:
SEC. ____. SENSE OF CONGRESS REGARDING CONTINUED UNITED
STATES COMMITMENT TO RESTORING LAFAYETTE
ESCADRILLE MEMORIAL, MARNES LA-COGUETTE,
FRANCE.
(a) Findings.--Congress finds the following:
(1) The Lafayette Escadrille, an aviation squadron within
the French Lafayette Flying Corps, was formed April 16, 1916.
(2) The Lafayette Escadrille consisted of aviators from the
United States who volunteered to fight for the people of
France during World War I.
(3) 265 volunteers from the United States served in the
Lafayette Flying Corps, completing 3,000 combat sorties and
amassing nearly 200 victories.
(4) The Lafayette Escadrille won 4 Legions of Honor, 7
Medailles Militaires, and 31 citations, each with a Croix de
Guerre.
(5) In 1918, command of the Lafayette Escadrille was
transferred to the United States, where the Lafayette
Escadrille became the combat air force of the United States.
(6) In 1921, a Franco-American committee was organized to
locate a final resting place for the 68 United States
aviators who lost their lives flying for France during World
War I.
(7) The Lafayette Escadrille Memorial was dedicated on July
4, 1928, in honor of all United States aviators who flew for
France during World War I.
(8) The Lafayette Escadrille Memorial Foundation, located
in the United States and in France, was founded by Nelson
Cromwell in 1930 and endowed with a $1,500,000 trust for the
maintenance and upkeep of the Lafayette Escadrille Memorial.
(9) Environmental conditions have contributed to structural
damage to, and the overall degradation of, the Lafayette
Escadrille Memorial, preventing the holding of memorial
services inside the crypt.
(10) The French Government has pledged funds to support a
restoration of the Lafayette Escadrille Memorial.
(11) The Lafayette Escadrille Memorial should be restored
to its original beauty to honor all the United States
aviators who flew for France during World War I and to
demonstrate the respect of the United States for the
sacrifices made by all Americans who have served our Nation
and our allies.
(b) Sense of Congress.--It is the sense of Congress that
the United States should continue to honor its commitment to
the United States aviators who lost their lives flying for
France during World War I by appropriating sufficient funds
to restore the Lafayette Escadrille Memorial in Marnes La-
Coguette, France.
____
Amendment Offered by Mr. Weldon of Pennsylvania:
At the end of title X (page 307, after line 20), insert the
following new section:
SEC. ____. DESIGNATION OF FIREFIGHTER ASSISTANCE PROGRAM IN
HONOR OF FLOYD D. SPENCE, A FORMER MEMBER OF
THE HOUSE OF REPRESENTATIVES, AND SENSE OF
CONGRESS ON NEED TO CONTINUE THE PROGRAM.
(a) Designation.--Section 33(b)(2)(A) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(2)(A))
is amended--
(1) by inserting ``and designation'' after
``Establishment''; and
(2) by adding at the end the following new sentence: ``The
program of firefighter assistance administered by the Office
shall be known as the `Floyd D. Spence Memorial Domestic
Defenders Initiative'.''.
(b) Sense of Congress.--The firefighters assistance grant
program authorized by section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229) is
recognized as having served as an effective device in
Congress' ongoing effort to address the needs of America's
fire service, and it is the sense of Congress that the
program should be reauthorized for fiscal year 2003 and
subsequent fiscal years at a higher level of funding.
[[Page H5848]]
____
Amendment Offered by Mr. Ehrlich:
At the end of title XII (page 331, after line 15), insert
the following new section:
SEC. 12____. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT
CONTRACTORS TO ACCOMPANY CHEMICAL WEAPONS
INSPECTION TEAMS AT GOVERNMENT-OWNED
FACILITIES.
(a) Authority To Conduct Inspections.--Section 303 of the
Chemical Weapons Convention Implementation Act of 1998 (as
contained in Public Law 105-277; 112 Stat. 2681-873; 22
U.S.C. 6723) is amended in subsection (b)(2) by inserting
``(and in the case of inspection of Federal Government-owned
facilities, such designation may include employees of a
contractor with the Federal Government)'' after ``Federal
Government''.
(b) Procedures For Inspections.--Section 304 of such Act
(22 U.S.C. 6724) is amended in subsection (c) by inserting
``or contractor with the Federal Government'' after ``Federal
Government''.
____
Amendment Offered by Mr. Kirk:
At the end of subtitle B of title XXVIII (page 394, after
line 20), insert the following new section:
SEC. ____. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND
RESERVE COMPONENT FACILITIES AS POLLING PLACES.
(a) Use of Military Installations Authorized.--Section 2670
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(b) Use as Polling Places.--(1) Notwithstanding chapter
29 of title 18 (including sections 592 and 593 of such
title), the Secretary of a military department may make a
building located on a military installation under the
jurisdiction of the Secretary available for use as a polling
place in any Federal, State, or local election for public
office.
``(2) Once a military installation is made available as the
site of a polling place with respect to a Federal, State, or
local election for public office, the Secretary shall
continue to make the site available for subsequent elections
for public office unless the Secretary provides to Congress
advance notice in a reasonable and timely manner of the
reasons why the site will no longer be made available as a
polling place.
``(3) In this subsection, the term `military installation'
has the meaning given the term in section 2687(e) of this
title.''.
(b) Use of Reserve Component Facilities.--(1) Section 18235
of such title is amended by adding at the end the following
new subsection:
``(c) Pursuant to a lease or other agreement under
subsection (a)(2), the Secretary may make a facility covered
by subsection (a) available for use as a polling place in any
Federal, State, or local election for public office
notwithstanding chapter 29 of title 18 (including sections
592 and 593 of such title). Once a facility is made available
as the site of a polling place with respect to an election
for public office, the Secretary shall continue to make the
facility available for subsequent elections for public office
unless the Secretary provides to Congress advance notice in a
reasonable and timely manner of the reasons why the facility
will no longer be made available as a polling place.''.
(2) Section 18236 of such title is amended by adding at the
end the following new subsection:
``(e) Pursuant to a lease or other agreement under
subsection (c)(1), a State may make a facility covered by
subsection (c) available for use as a polling place in any
Federal, State, or local election for public office
notwithstanding chapter 29 of title 18 (including sections
592 and 593 of such title).''.
(c) Conforming and Clerical Amendments.--(1) section 2670
of such title is further amended--
(A) by striking ``Under'' and inserting ``(a) Use by Red
Cross.--Under''; and
(B) by striking ``this section'' and inserting ``this
subsection''.
(2) The heading of such section is amended to read as
follows:
``Sec. 2670. Buildings on military installations: use by
American National Red Cross and as polling places''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
``2670. Buildings on military installations: use by American National
Red Cross and as polling places.''.
____
Amendment Offered by Mr. Boyd:
At the end of part III of subtitle D of title XXVIII (page
414, after line 7), insert the following new section:
SEC. 285____. LAND CONVEYANCE, DEFENSE FUEL SUPPORT POINT,
FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to Florida State
University, all right, title and interest of the United
States in and to a parcel of real property known as ``Defense
Fuel Support Point'', including any improvements thereon,
located in Lynn Haven, Florida, and consisting of
approximately 200 acres for the purpose of establishing a
National Coastal Research Center.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Secretary.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
____
Amendment Offered by Mr. Farr of California:
At the end of title XXVIII (page 427, after line 7), insert
the following new section:
SEC. 2866. ADDITIONAL EXTENSION OF DEMONSTRATION PROJECT FOR
PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC
WORKS, AND UTILITY SERVICES FROM LOCAL
GOVERNMENT AGENCIES.
Section 816(c) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820), as
added by section 2873 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2225), is amended by inserting before the period at
the end the following: ``, with regard to fire-fighting and
police services, and September 30, 2003, with regard to other
services described in under subsection (a)''.
____
Amendment Offered by Mr. Lewis of California:
At the end of title XXVIII (page 427, after line 7), insert
the following new section:
SEC. 2866. CONVEYANCE OF AVIGATION EASEMENTS, FORMER NORTON
AIR FORCE BASE, CALIFORNIA.
The Administrator of General Services shall convey, without
consideration, to the Inland Valley Development Agency (the
redevelopment authority for former Norton Air Force Base,
California) two avigation easements (identified as APN 289-
231-08 and APN 289-232-08) held by the United States.
The CHAIRMAN. Pursuant to the order of the House of Wednesday,
September 19, 2001, the gentleman from Arizona (Mr. Stump) and the
gentleman from Missouri (Mr. Skelton) each will control 5 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Stump).
Mr. STUMP. Madam Chairman, I yield 5 minutes to the gentleman from
Florida (Mr. Stearns).
(Mr. STEARNS asked and was given permission to revise and extend his
remarks.)
Mr. STEARNS. Madam Chairman, I wish to thank the gentleman from
Arizona (Mr. Stump), my good friend, for incorporating my amendments as
part of the manager's amendment in this defense authorization bill.
My first amendment concerns the deteriorating state of the Lafayette-
Escadrille Memorial. It is basically a sense of the Congress
resolution. This memorial honors all U.S. aviators who flew for France
in World War I. I laid a wreath at the memorial on June 17 with 40 of
my colleagues in attendance to commemorate the 85th anniversary of the
squadron's formation.
Seven Americans originally formed the squadron. When the escadrille
transferred to the U.S. command in 1918, 265 American volunteers had
served in the French air service with 180 of those having flown combat
missions. In all, the escadrille flew 3,000 combat sorties, amassing
nearly 200 victories. In fact, the escadrille became the birth of the
United States Air Force.
A joint French/American committee was organized at the end of World
War I to locate a final resting place for those Americans who died
there. With land donated by the French Government, the Lafayette-
Escadrille Memorial was dedicated on July 4, 1928. It is essentially an
American cemetery with 68 Americans who gave their lives interred in
the memorial.
Sadly, this memorial is in desperate need of repair. The structure
sits in a meadow with a high water table. Heavy rains flood the tomb,
exacerbated by the poor functioning drains and water leaking through
the terrace behind the memorial. Structural repairs are needed for the
crypt and the overall foundation and double glass is needed to protect
the remarkable stained glass windows.
The Lafayette-Escadrille Memorial Foundation was endowed originally
with a $1.5 million trust fund for its maintenance, but that has been
exhausted. The French Government has pledged funds and has begun
working in earnest to repair this memorial. I want to point out that
the foundation is an American not-for-profit and is subject to IRS
regulations governing not-for-profit activities.
Madam Chairman, our men and women in uniform, present and future and
past, we hold those who served in the highest regard; and they should
be remembered. I have received letters
[[Page H5849]]
from descendents of members of the Lafayette-Escadrille offering their
support, and I have received calls from persons only wanting to see the
memorial restored.
Our men and women in uniform deserve the best this Nation can give
them. Such action should not stop at their deaths.
The second amendment that I offer and is part of the en bloc
amendment highlights the need for the Department of Defense to realign
its focus on using energy efficient technologies. I feel that the
Department of Defense should take into account the recommendations
contained in the report by the Defense Science Board entitled ``More
Capable War-Fighting Through Reduced Fuel Burden.''
The report states: ``Military fuel consumption for aircraft, ships,
ground vehicles and facilities make the Department of Defense the
single largest consumer of petroleum in America, perhaps in the world.
Naval forces depend each day on millions of gallons of fuel to operate
around the globe. The Air Force spends approximately 85 percent of its
fuel budget to deliver, by airborne tankers, just 6 percent of its
annual jet fuel usage.''
It is without a doubt that fuel cost is directly associated with
military readiness. By no means, however, should the DOD sacrifice
performance requirements to save a few gallons of fuel. Obviously,
including energy efficiency as a requirement under DOD's procurement
process and investing in new improvements through its S&T community is
a significant step in the direction of curtailing energy consumption in
a responsible manner, while maintaining the performance and overall
military capability.
The DSB report states ``that the largest element of the total fuel
cost in DOD is the cost of delivery.'' Improving on daily use of fuel
for both combat and support units could reduce the logistics need while
allowing units to deploy and remain in the field for a longer sustained
period of time.
Undoubtedly, a component in the war against terrorism will be the use
of lighter, more mobile forces. So, it is imperative that we improve
our logistics capability and reduce the ``logistics tail.'' As the DSB
report notes, ``efficiency is a strong component of agility.''
So I again want to thank the chairman, the gentleman from Arizona
(Mr. Stump), for allowing me to incorporate these into the manager's
amendment; and I urge the adoption of the manager's amendment.
Mr. SKELTON. Madam Chairman, I might say that we have seen these
amendments on our side, and we fully agree and approve of them.
Madam Chairman, I reserve the balance of my time.
Mr. STUMP. Madam Chairman, I move to strike the last word, and I
yield to the gentleman from Pennsylvania (Mr. Weldon).
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Madam Chairman, I want to thank our
distinguished chairman and ranking member for their support of three
amendments in this en bloc amendment that I introduced. The first one I
think is perhaps the most important that I want to talk about.
Two years ago I made a recommendation to our leadership that we
establish a task force that would integrate our domestic response
network, our fire and EMS community, with our military. That task force
recommendation was accepted and the panel that was established became
known as the Advisory Panel to Assess Domestic Response Capabilities
for Terrorism Involving Weapons of Mass Destruction, more commonly
known as the Gilmore Commission, because the Gilmore Commission has
been chaired by Governor Gilmore of Virginia.
{time} 1500
This commission for the past 2 years has been looking at ways that we
can further integrate our military and the response of our first
responders, our fire and EMS personnel.
Madam Chairman, this commission has done tremendous work in giving us
recommendations to assist our domestic defenders who just this past
week were the first responders at the World Trade Center.
In fact, Madam Chairman, I went to New York on Friday. I went up on
Friday for a very specific reason. The Gilmore Commission, the task
force we are extending for 2 years, had members from all aspects of our
urban response network: the military, domestic fire service.
The representative of the New York City Fire Department in charge of
Special Operations Command was Ray Downey. Ray Downey is a friend of
mine who escorted me at the first World Trade Center bombing in 1993.
Thirty minutes after the buildings collapsed in New York this past
week, as the New York City firefighters were providing their first
response, Ray Downey was killed. Ray Downey was the chief of the
special operations function for the New York City department. He was a
member of the commission that we are going to extend for 2 more years
in this amendment. He was the point person to help us understand how
our military and our urban response community and civilian response
community could interact.
He was making specific recommendations, Madam Chairman, that have
helped us better integrate our two networks. In fact, one of the
results of their recommendations was that initiative last year that is,
in fact, the subject of a second amendment that we have accepted. That
amendment deals with the recommendation by this Congress that we accept
the firefighter assistance program that we first put into place last
year.
Last year it was $100 million. We had $300 billion of requests across
the country. What we are asking for is an extension of that program,
and the amendment here says that Congress should renew the
authorization for that program.
That program, again, was a bipartisan effort. The gentleman from
Maryland (Mr. Hoyer) and the gentleman from New Jersey (Mr. Pascrell),
Congressmen on our side, including the chairman of our Committee on
Armed Services and our ranking member, the gentleman from Missouri (Mr.
Skelton), were the reason why that recommendation became law.
This year we are in the process of giving out $100 million of direct
grants through FEMA that are going to local fire and emergency services
groups across the country, including the New York City Fire Department.
So the recommendation in the second amendment is to continue that
program and to name it after the honorable Floyd Spence, without whose
acceptance, as our committee chairman, it would not have become law.
That does not diminish the work by other colleagues, the gentleman from
Missouri (Mr. Skelton), the gentleman from Maryland (Mr. Hoyer), the
gentleman from New Jersey (Mr. Pascrell), the gentleman from Arizona
(Mr. Stump), and a whole host of other Members from the Congress.
But we are naming it after Floyd Spence because he was the one, as
chair of the committee, that allowed this program to move forward.
Madam Chairman, these two amendments are critically important because
they both deal with events of the past week. They also show that this
committee was far in front of the Congress and the American people in
preparing for the kind of incident that we saw occur on Tuesday.
That kind of foresight is what this Committee on Armed Services has
been doing since I have been here in Congress for 15 years. It
continues with the leadership of our chairman and our ranking member. I
thank them both for including the amendments that I offer. I thank them
for their commitment not just to our military, but our domestic
defenders.
Mr. SKELTON. Madam Chairman, I yield to the gentleman from Texas (Mr.
Frost).
(Mr. FROST asked and was given permission to revise and extend his
remarks.)
Mr. FROST. Madam Chairman, I rise in support of the defense
authorization bill.
Madam Chairman, I am pleased that the House of Representatives is
getting back to regular business so quickly--and I'm particularly glad
that we're starting with this bill.
After the horror of September 11th, everyone in this Congress and
around the country understands the importance of maintaining the finest
military in the world.
I have no doubt that the men and women of America's armed forces will
rise to the challenges posed by today's dangerous new
[[Page H5850]]
world. And I have no doubt that this Congress will ensure America's
military has the resources it needs to win the war on terrorism.
Indeed, this bill is a good example of the bipartisan support
America's armed forces enjoy. It passed the Armed Services Committee on
a bipartisan vote of 58 to 1. Democrats and Republicans are strongly
committed to a first-rate military that will protect this nation and
its people, and that will maintain our position as the chief protector
of democracy and the rule of law throughout the world.
I am particularly pleased that this bill will improve quality of life
for men and women in uniform and their families. It increases basic
military pay, and provides important resources for military family
housing and for military retirees' health care.
Additionally, this bill continues our commitment to the wide range of
weapons programs that ensure our military superiority throughout the
world--which will be particularly important as we prepare for a new and
dangerous world.
Madam Chairman, the first duty of the Congress and the President is
to provide for the national defense, and the men and women who protect
it. I am proud that this bipartisan bill takes major steps toward
accomplishing that goal, and I support it strongly.
Still, I, like many others, believe we need to do more--more
especially to provide for ``Homeland Defense'' and to fight terrorism.
Our top priority should be ensuring that Americans are never again
victimized by another barbaric attack like September 11th. So I look
forward to working with Republicans and Democrats over the next few
days to ensure that our armed forces have the resources to win this war
on terror.
Mr. MANZULLO. Madam Chairman, I want to convey my thanks to the
Chairman and the Ranking Minority Member of the House Armed Services
Committee for including my amendment to the managers' amendment to HR
2586. My provision doubles the Defense Logistics Agency (DLA) grant
match to states which run state-wide Procurement Technical Assistance
Centers (PTACs) program so that they would be able to receive up to
$600,000 in funding.
Small business participation in government procurement is dropping,
particularly for Defense Department contracts. For new contracts worth
over $25,000, the number of small businesses winning these
opportunities dropped from a high of 70,088 in 1995 to 41,075 in 1999.
Even for sales opportunities to the federal government of $2,500 or
less, which used to be reserved for small business, the number of small
purchase actions from small businesses decreased from nearly 10 million
in 1995 to 3.8 million in 2000. One solution to this problem is to
enhance the role of Procurement Technical Assistance Centers (PTACs).
During the 1980's, Congress created local PTACs around the country to
increase small business participation in defense procurement. Modeled
after Small Business Development Centers (SDBCs) run by the Small
Business Administration (SBA), these centers offer free advice and help
to small businesses both in educating them about how to get involved in
government procurement and also how to obtain contracts. Most of the
PTACs are co-located in a local higher education institution.
About half of the funding for most of the PTACs comes from Defense
Logistics Agency (DLA). The remainder comes from the state government
and/or the local host such as the community college. States currently
have a choice: they can either ask for up to $300,000 to run a state-
wide program or regional centers can ask for up to $150,000 to run a
program locally. Some states have decided to run a statewide program in
order to have continuity of service throughout the state. However, some
states have allowed regional or city PTACs to operate.
Currently, 15 states have regional or city PTACs that receive an
excess of $300,000. For example, Pennsylvania received nearly $1.2
million in DLA funding to run eight regional PTACs. Similarly, Michigan
received just over $1 million to run eight regional PTACs. The current
funding formula penalizes states like my home state of Illinois who
have opted for a seamless delivery of procurement assistance services
throughout the state but also serve a large population.
My amendment, which was also introduced as a clean bill (H.R. 2689)
supported by all the Illinois Members of the House Armed Services
Committee, increases the DLA grant match to states that run a state-
wide PTAC program so that they would be able to receive up to $600,000
in funding, double the current level of $300,000. This would
potentially benefit 30 states and one territory that either have a
statewide PTAC program or only one city participates in the PTAC
program. These include, in alphabetical order: Alaska, Alabama,
Arkansas, Connecticut, Delaware, Florida, Georgia, Iowa, Idaho,
Illinois, Kentucky, Massachusetts, Maryland, Maine, Minnesota,
Mississippi, Montana, North Carolina, Nebraska, New Hampshire, New
Mexico, Nevada, Oregon, Puerto Rico, Rhode Island, South Carolina,
Tennessee, Utah, Vermont, Washington, and Wyoming.
There are also the five states and four other territories that do not
have any PTAC program which could potentially benefit from this
amendment. These include, in alphabetical order: America Samoa,
Colorado, the District of Columbia, Guam, Hawaii, Kansas, North Dakota,
South Dakota, and the Virgin Islands.
It is important to remember that each state with a state-wide run
PTAC program would not automatically receive a $600,000 grant from the
DLA because each proposal would have to stand on its own merits.
Currently, 10 states and one territory do not even receive the full
$300,000 in grant funds from the DLA authorized to run a statewide PTAC
program. Thus, this proposal does not necessarily mean that the cost of
the program would immediately balloon. Only those states that submit a
sound proposal who serve a large population would qualify for the
maximum of $600,000, as contained in my amendment.
Finally, the Manzullo amendment does not mean that the 15 states with
regional or city PTACs would receive less funding. This amendment is
silent on the match received from DLA to regional or city PTACs.
With the criticism of recent Pentagon procurements that disadvantage
small businesses, my amendment is one positive way to remedy the
problem. I respectfully urge my colleagues to support the managers'
amendment.
Mr. HALL of Ohio. Madam Chairman, I rise in support of the Hall
Amendment, the ``Air Force Science and Technology for the 21st Century
Act,'' which is included in the en bloc amendment. The amendment
addresses deficiencies in the Air Force's planning and budget process
for the Science and Technology (S&T) program to better link the future
needs of the warfighter with S&T investment decisions and to increase
support for the S&T program at senior levels of Air Force leadership.
The amendment expresses the sense of Congress that the Air Force
solidify and institutionalize the steps that it has already taken to
address the planning and budgeting deficiencies. It also requires the
Air Force to reinstate ``development planning'' as part of the planning
and budgeting process to help the Air Force Research Laboratory better
define the technologies most likely required by tomorrow's defense
needs. Furthermore, the amendment requires a study by National Academy
of Sciences' National Research Council (NRC) to assess the effect of
recent organizational changes in the operation of the Air Force S&T
program to the future capabilities of the Air Force.
After a decade of decline, in the last few years, the Department of
Defense (DoD) has made modest increases in S&T funding. However, the
increases have not been made uniformly across all of the services.
Among the military services, the Air Force's spending on S&T has seen
the most dramatic decline. Once, the rate of Air Forces A&T spending
was almost equal to the Army and Navy combined. Now it is the lowest of
the three services. Air Force spending on S&T has dropped by almost 50
percent from 1989 to 2001 measured in constant dollars. This decline in
spending has been widely critized as a threat to the future ability of
the Air Force to field weapon systems employing cutting edge
technologies. Especially critical in light of recent events, the Air
Force may not have the technolgy available to respond to future
emerging threats including threats of terrorism to homeland security.
In recent years, Congress has made efforts to reverse the decline in
Air Force S&T development by appropriating funds greater than rquested
in the President's budget request. Congress has also enacted
legislation mandating improvements in the S&T program management and
requesting expert opinions on what changes should be made. After
pressure from Congress, the academic community, the aerospace industry,
and Air Force advocates, the Air Force made fundamental changes in how
it makes budgetary and non budgetary policy decisions for its science
and technology development programs and the management of those
programs. However, despite these worthwhile efforts, additional
measures are needed to ensure sufficient levels of advocacy for science
and technology development within the Air Force and that the best
decisions are made for science and technology investment.
One factor contributing to the decline in Air Force science and
technology is the lack of a proactive development planning process that
analyzes the long-term needs of the warfighter to guide the direction
of scientific research. Without a strong link between the technology
needs of the warfighter and the work of the Air Force Research
Laboratory, the science and technology program risks insufficient
support within the Air Force and a misdirected focus. Until the mid
1990s, Congress funded an office of development planning sometimes
called the ``crystal ball office,'' which bridged the gap
[[Page H5851]]
between laboratory and warfighter. The process has since been
discontinued. Restoration of this planning function was a key
recommendation of the recent study of the Air Force Science Advisory
Board and it was supported in testimony this year before the House
Armed Services Subcommittee on Military Research and Development. My
amendment requires the Air Force to reinstate a revised development
planning process and report back to Congress on the new program format.
Another contributing factor is the lack of a sufficiently high level
Air Force leader with duties focused solely on science, technology, and
engineering. This was pointed out in recent reports by the Air Force
Association and National Academy of Sciences' National Research
Council. Currently, the top policy slot is the Deputy Assistant
Secretary for Science, Technology and Engineering with the grade of
SES-5, the civilian equivalent of a major general. This amendment
expresses the sense of Congress that the position should be elevated to
a higher level within the organization.
In the last year, the Air Force has instituted several new
initiatives to improve science research. These include biannual S&T
Summits to increase the visibility, understanding and appreciation of
the value of the S&T program to senior Air Force leaders; establishing
Applied Technology Councils to provide input from levels beneath senior
management into the coordination, focus and content of the S&T program;
and the designation of the Commander of Air Force Material Command as
the general officer advocate for the S&T budget. Also, section 252 of
P.L. 106-398, The National Defense Authorization Act for Fiscal Year
2001, enacted in 2000, called for a comprehensive review of the long-
term challenges and short-term objectives of the Air Force S&T program.
My amendment requires the National Academy of Sciences' National
Research Council (NRC) to study the effectiveness of these changes and
make recommendations for further improvements in the management of the
S&T program. The amendment authorizes $950,000 for the study from the
funds currently authorized under section 201(3) of the National Defense
Authorization Act for Fiscal Year 2002.
My amendment also expresses the sense of Congress that the Air Force
should continue and improve on the recent actions taken by the Air
Force to solidify and institutionalize the S&T management and budget
decisions process; formally adopt the policy directives to implement
those actions; conduct at least once every five years a review of long-
term challenges and short-term objectives of the Air Force science and
technology program; and ensure the integration of science and
technology development for space and nonspace warfighting systems.
In light of recent events, it is important to note that military
experts believe that maintaining the United States' technological
superiority is key to fighting terrorism. However, numerous studies
have suggested that the investment science is inadequate to meet the
needs of fighting the future emerging threats including threats to
homeland security. My amendment is aimed at helping the Air Force
develop the necessary technology to respond flexibly and quickly to a
wide range of future threats, including terrorism.
My amendment requires no sweeping changes in the management of the
Air Force S&T program. Rather, it is intended to nudge the Air Force
back toward increased support for scientific research as an integral
part of its mission and to restore its traditional role as the
technology service that most depends on scientific advances to maintain
military superiority.
I strongly urge the adoption of the amendment.
Mr. SKELTON. Madam Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendments en bloc offered by
the gentleman from Arizona (Mr. Stump).
The amendments en bloc were agreed to.
Amendments En Bloc Offered by Mr. Stump
Mr. STUMP. Madam Chairman, I offer amendments en bloc made in order
by the House yesterday.
The CHAIRMAN. The Clerk will designate the amendments en bloc:
The text of the amendments en bloc is as follows:
Amendments en bloc offered by Mr. Stump consisting of the
amendments originally proposed by the following Members and
made in order by the order of the House of September 19,
2001: Mr. Ose, Mr. Bereuter, Mr. Underwood, Mr. Gilchrest,
Mr. Strickland, Ms. Velazquez, No. 46 offered by Mr. Stearns,
Mrs. Tauscher, No. 70 offered by Mr. Weldon of Pennsylvania,
No. 78 offered by Mr. Weldon of Pennsylvania, and Mrs. Kelly:
Amendment offered by Mr. Ose:
In section 341, relating to assistance to local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees (page 64,
beginning line 20), strike subsections (a) and (b) and insert
the following new subsections:
(a) Continuation of Department of Defense Program for
Fiscal Year 2002.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities--
(1) $30,000,000 shall be available only for the purpose of
providing educational agencies assistance to local
educational agencies; and
(2) $1,000,000 shall be available only for the purpose of
making payments to local educational agencies to assist such
agencies in adjusting to reductions in the number of military
dependent students as a result of the closure or realignment
of military installations, as provided in section 386(d) of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 7703 note).
(b) Notification.--Not later than June 30, 2002, the
Secretary of Defense shall notify each local educational
agency that is eligible for assistance or a payment under
subsection (a) for fiscal year 2002 of--
(1) that agency's eligibility for the assistance or
payment; and
(2) the amount of the assistance or payment for which that
agency is eligible.
____
Amendment Offered by Mr. Bereuter:
At the end of subtitle B of title V (page 115, after line
18), insert the following new section:
SEC. 520. PREPARATION FOR, PARTICIPATION IN, AND CONDUCT OF
ATHLETIC COMPETITIONS BY THE NATIONAL GUARD AND
MEMBERS OF THE NATIONAL GUARD.
(a) Athletic and Small Arms Competitions.--Section 504 of
title 32, United States Code, is amended by adding at the end
the following new subsection:
``(c) Conduct of and Participation in Certain
Competitions.--(1) Under regulations prescribed by the
Secretary of Defense, members and units of the National Guard
may conduct and compete in a qualifying athletic competition
or a small arms competition so long as--
``(A) the conduct of, or participation in, the competition
does not adversely affect the quality of training or
otherwise interfere with the ability of a member or unit of
the National Guard to perform the military functions of the
member or unit;
``(B) National Guard personnel will enhance their military
skills as a result of conducting or participating in the
competition; and
``(C) the conduct of or participation in the competition
will not result in a significant increase in National Guard
costs.
``(2) Facilities and equipment of the National Guard,
including military property and vehicles described in section
508(c) of this title, may be used in connection with the
conduct of or participation in a qualifying athletic
competition or a small arms competition under paragraph
(1).''.
(b) Other Matters.--Such section is further amended by
adding after subsection (c), as added by subsection (a) of
this section, the following new subsections:
``(d) Availability of Funds.--(1) Subject to paragraph (2)
and such limitations as may be enacted in appropriations Acts
and such regulations as the Secretary of Defense may
prescribe, amounts appropriated for the National Guard may be
used to cover--
``(A) the costs of conducting or participating in a
qualifying athletic competition or a small arms competition
under subsection (c); and
``(B) the expenses of members of the National Guard under
subsection (a)(3), including expenses of attendance and
participation fees, travel, per diem, clothing, equipment,
and related expenses.
``(2) Not more than $2,500,000 may be obligated or expended
in any fiscal year under subsection (c).
``(e) Qualifying Athletic Competition Defined.--In this
section, the term `qualifying athletic competition' means a
competition in athletic events that require skills relevant
to military duties or involve aspects of physical fitness
that are evaluated by the armed forces in determining whether
a member of the National Guard is fit for military duty.''.
(c) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Authorized
Activities.--'' after ``(a)''; and
(2) in subsection (b), by inserting ``Authorized
Locations.--'' after ``(b)''.
(d) Conforming and Clerical Amendments.--(1) Subsection (a)
of such section is amended--
(A) in paragraph (1), by inserting ``and'' after the
semicolon;
(B) in paragraph (2), by striking ``; or'' and inserting a
period; and
(C) by striking paragraph (3).
(2) The heading of such section is amended to read as
follows:
``Sec. 504. National Guard schools; small arms competitions;
athletic competitions''.
(3) The item relating to section 504 in the table of
sections at the beginning of chapter 5 of title 10, United
States Code, is amended to read as follows:
``504. National Guard schools; small arms competitions; athletic
competitions.''.
____
Amendment offered by Mr. Underwood:
At the end of section 552 (page 166, after line 5), insert
the following new subsection:
[[Page H5852]]
(f) State Defined.--In this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, and American Samoa.
____
Amendment offered by Mr. Gilchrest:
At the end of title V (page 187, after line 12), insert the
following new section:
SEC. ____. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-
ACCESSION TRAINING AND EDUCATION PROGRAMS.
(a) Study.--The Secretary of Defense shall conduct a review
of the health and disability benefit programs available to
recruits and officer candidates engaged in training,
education, or other types of programs while not yet on active
duty and to cadets and midshipmen attending the service
academies. The review shall be conducted with the
participation of the Secretaries of the military departments.
(b) Report.--Not later than March 1, 2002, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the findings of the review. The
report shall include the following with respect to persons
described in subsection (a):
(1) A statement of the process and detailed procedures
followed by each of the Armed Forces under the jurisdiction
of the Secretary of a military department to provide health
care and disability benefits to all such persons injured in
training, education, or other types of programs conducted by
the Secretary of a military department.
(2) Information on the number of total cases of such
persons requiring health care and disability benefits and the
total number of cases and average value of health care and
disability benefits provided under the authority for each
source of benefits available to those persons.
(3) A discussion of the issues regarding health and
disability benefits for such persons that are encountered by
the Secretary during the review, to include discussions with
individuals who have received those benefits.
(4) A discussion of the necessity for legislative changes
and specific legislative proposals needed to improve the
benefits provided those persons.
____
Amendment offered by Mr. Strickland:
At the end of title V (page 187, after line 12), insert the
following new section:
SEC. ____. REQUIREMENT TO PROVIDE APPROPRIATE ARTICLES OF
CLOTHING AS A CIVILIAN UNIFORM FOR CIVILIANS
PARTICIPATING IN FUNERAL HONOR DETAILS FOR
VETERANS UPON SHOWING OF FINANCIAL NEED.
Section 1491(d) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``To provide'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
``(2)(A) Upon a showing of financial need and subject to
subparagraph (B), the Secretary of a military department
shall provide articles of clothing described in subparagraph
(C) to an organization referred to in subsection (b)(2) or to
members of such an organization who participate in funeral
honors details. Any such showing of financial need shall be
made in such manner as the Secretary may require.
``(B) The Secretary concerned may provide articles of
clothing to an organization (or members of an organization)
under this paragraph only if the Secretary determines that
participation of that organization or its members in the
funeral honors mission is advantageous to the performance of
that mission and meets the performance standards set by the
Secretary for that mission.
``(C) Articles of clothing covered by subparagraph (A) are
articles of clothing determined by the Secretary concerned to
be appropriate as a civilian uniform for persons
participating in a funeral honors detail who are not
authorized to wear the uniform of any of the armed forces.''.
____
Amendment offered by Ms. Velazquez:
At the end of subtitle A of title VIII (page 248, after
line 9), insert the following new section:
SEC. 8____. STUDY OF CONTRACT CONSOLIDATIONS.
The Secretary of Defense, in consultation with the
Comptroller General of the United States, shall develop a
database to track contract consolidations which consolidate 2
or more contracts previously awarded by the Department of
Defense to small business concerns. The database shall
contain, at a minimum, the names and addresses of the
businesses to which the contracts that were consolidated were
previously awarded, the rationale for consolidating the
contracts, and the monetary benefit projected to be realized
by the contract consolidation. Not later than December 1st of
each year, the Secretary of Defense shall submit a report
regarding the information contained in such database to the
Committees on Armed Services of the House of Representatives
and the Senate, the Committee on Small Business of the House
of Representatives, and the Committee on Small Business and
Entrepreneurship of the Senate.
____
Amendment No. 46 offered by Mr. Stearns:
At the end of subtitle E of title X (page 307, after line
20), insert the following new section:
SEC. ____. SENSE OF CONGRESS ON IMPLEMENTATION OF FUEL
EFFICIENCY REFORMS IN DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) The Federal Government is the largest single energy
user in the United States, and the Department of Defense is
the largest energy user among all Federal agencies.
(2) The Department of Defense consumed 595,000,000,000,000
BTUs of petroleum in fiscal year 1999, while all other
Federal agencies combined consumed 56,000,000,000,000 BTUs of
petroleum.
(3) The total cost of petroleum to the Department of
Defense amounted to $3,600,000,000 in fiscal year 2000.
(4) Increased fuel efficiency would reduce the cost of
delivering fuel to military units during operations and
training and allow a corresponding percentage of defense
dollars to be reallocated to logistic shortages and other
readiness needs.
(5) Increased fuel efficiency would decrease the time
needed to assemble military units, would increase unit
flexibility, and would allow units to remain in the field for
a longer period of time.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should work to implement fuel
efficiency reforms, as recommended by the Defense Science
Board report, which allow for investment decisions based on
the true cost of delivered fuel, strengthen the linkage
between warfighting capability and fuel logistics
requirements, provide high-level leadership encouraging fuel
efficiency, target fuel efficiency improvements through
science and technology investment, and include fuel
efficiency in requirements and acquisition processes.
____
Amendment offered by Mrs. Tauscher:
At the end of title X (page 307, after line 20), insert the
following new section:
SEC. 10____. PLAN FOR SECURING RUSSIA'S NUCLEAR WEAPONS,
MATERIAL, AND EXPERTISE.
(a) Plan for Nonproliferation Programs With Russia.--Not
later than June 15, 2002, the President shall submit to
Congress a plan--
(1) for cooperation with Russia on disposition as soon as
practicable of nuclear weapons and weapons-usable nuclear
material in Russia that Russia does not retain in its nuclear
arsenal; and
(2) to prevent the outflow from Russia of scientific
expertise that could be used for developing nuclear weapons
or other weapons of mass destruction, including delivery
systems.
(b) Content of Plan.--The plan required by subsection (a)
shall include the following:
(1) Specific goals and measurable objectives for the
programs that are designed to carry out the objectives
specified in paragraphs (1) and (2) of subsection (a).
(2) Criteria for success for those programs and a strategy
for eventual termination of United States contributions to
those programs and assumption of the ongoing support of those
programs by Russia.
(3) A description of any administrative and organizational
changes necessary to improve the coordination and
effectiveness of the programs to be implemented under the
plan.
(4) An estimate of the cost of carrying out those programs.
(c) Consultation With Russia.--In developing the plan
required by subsection (a), the President shall consult with
Russia regarding the practicality of various options.
(d) Consultation With Congress.--In developing the plan
required by subsection (a), the President shall consult with
the majority and minority leadership of the appropriate
committees of Congress.
____
Amendment No. 70 offered by Mr. Weldon of Pennsylvania:
At the end of title X (page 307, after line 20), insert the
following new section:
SEC. 1048. TWO-YEAR EXTENSION OF ADVISORY PANEL TO ASSESS
DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM
INVOLVING WEAPONS OF MASS DESTRUCTION.
Section 1405 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 2301 note)
is amended--
(1) in subsection (h)(2), by striking ``2001'' and
inserting ``2003''; and
(2) in subsection (l), by striking ``three years'' and
inserting ``five years''.
____
Amendment No. 78 offered by Mr. Weldon of Pennsylvania:
At the end of title X (page 307, after line 20), insert the
following new section:
SEC. 1048. ACTION TO PROMOTE NATIONAL DEFENSE FEATURES
PROGRAM.
(a) Findings.--The Congress finds the following:
(1) The National Defense Features program, which is funded
from the National Defense Sealift Fund established by section
2218 of title 10, United States Code, is a constituent
element of the defense policy of the United States intended
to provide essential sealift capacity in emergencies,
strengthen the national shipbuilding base, and maintain a
resource of highly trained merchant seamen.
(2) Implementation of the National Defense Features program
would provide significant benefits both for the United States
and for allied nations during military contingencies.
(3) For the United States and nations allied with the
United States to realize these
[[Page H5853]]
benefits, it is essential that vessels built under that
program enjoy commercial opportunities in peacetime on trade
routes between the United States and allied nations and that
those vessels not be excluded from such opportunities through
restrictive trade practices.
(4) The failure of vessels built, or to be built, under the
National Defense Features program to obtain employment as
common carriers or contract carriers in the particular sector
of any trade route in the foreign commerce of the United
States for which they are designed to operate, together with
long-term domination of that sector of the trade route by
citizens of an allied nation, evidences the existence of
restrictive trade practices.
(b) Action To Promote Program.--In any case in which the
Secretary of Defense finds the existence of the conditions
determined by subsection (a)(4) to prove the existence of
restrictive trade practices, the Secretary shall certify the
csae to the Federal Maritime Commission, which thereupon, in
consultation with the Secretary, shall take action to
counteract such practices, utilizing all remedies available
under section 10002(e)(1) of the Foreign Shipping Practices
Act of 1988 (46 U.S.C. App. 1710a).
____
Amendment offered by Mrs. Kelly:
At the end of title XXVIII (page 427, after line 7), insert
the following new section:
SEC. 2866. REPORT ON OPTIONS TO PROMOTE ECONOMIC DEVELOPMENT
IN COMMUNITY ADJACENT TO UNITED STATES MILITARY
ACADEMY, NEW YORK.
(a) Report Required.--Not later than February 1, 2002, the
Secretary of the Army shall submit to Congress a report
evaluating various options by which the Secretary may promote
economic development in the Village of Highland Falls, New
York, which is located adjacent to the United States Military
Academy.
(b) Specific Consideration of Certain Options.--Among the
options evaluated under subsection (a), the Secretary shall
specifically address the following:
(1) The fee simple conveyance of real property under the
jurisdiction of the Secretary in the Town of Highlands, New
York, to the Village, without consideration, for the purpose
of permitting the Village to use the property to promote
economic development.
(2) Use by the Secretary of the authority under section
2667 of title 10, United States Code, to make non-excess real
property under the jurisdiction of the Secretary available to
the Village for such purpose.
The CHAIRMAN. Pursuant to the order of the House of Wednesday,
September 19, 2001, the gentleman from Arizona (Mr. Stump) and the
gentleman from Missouri (Mr. Skelton) each will control 5 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Stump).
Mr. STUMP. Madam Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Gilchrest).
Mr. GILCHREST. Madam Chairman, I thank the gentleman from Arizona for
yielding time to me.
I would just like to make three quick comments.
One, I think it is vital for the defense authorization bill to go
through this House today, and I would hope that we could pass it with
the unanimous votes of the Members on both sides of the aisle.
We also come here today to express our condolences to those families
and victims of this cruel tragedy; praise, with as much compassion and
encouragement to those people who have responded, and in particular the
firefighters, the medical teams, the police officers, our military
services, and all those volunteers that have contributed to that
effort, as well as the nongovernmental organizations like people of
religious faiths, and also certainly the Red Cross.
In essence, the long-term victory will come in this battle when we as
Members of Congress and the Nation come together to focus our attention
and our hearts to those tragedies that have been brought to America,
and with our allies in the international community, to know that we
need to make this worldwide effort to replace arrogance with humility,
to replace ignorance with knowledge, and to replace dogma with
tolerance. This is what is needed. I think, in fact, this is probably
what will happen.
On a smaller scale, in the defense authorization bill, I am glad that
the chairman of the committee has basically included this en bloc
amendment in H.R. 2586, in the Defense Authorization Act, to ask the
Secretary of Defense to study the issue that has not been resolved yet,
dealing with our citizens that attend our military academies, to
determine whether or not they can be in the same category as men and
women in the regular armed services as far as compensation is concerned
for disabilities that they incurred while they were at the military
academies.
Mr. SKELTON. Mr. Chairman, I reserve the balance of my time.
Mr. STUMP. Mr. Chairman, I yield the balance of my time to the
gentleman from California (Mr. Hunter).
The CHAIRMAN pro tempore (Mr. LaTourette). The gentleman from
California (Mr. Hunter) is recognized for 3 minutes.
Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding time to
me, and once again I thank the gentleman from Arizona (Mr. Stump) and
the gentleman from Missouri (Mr. Skelton) for their leadership in
bringing Democrats and Republicans together on this bill at this time
of national emergency.
Mr. Chairman, I thought I would just let my colleagues know, or give
them the broader context within which we are working with this defense
bill.
Ronald Reagan in 1985 had a very major defense bill. That was the
height of the buildup, the rebuilding of America's Armed Forces. That
bill in today's dollars was $452 billion. Today's bill is a little over
$340 billion. That means that even with the increases that we have
placed in this bill so far, we are still $100 billion under Ronald
Reagan's defense bill of 1985, when we had a gross national product
which was much smaller.
So it is important for Americans, both in uniform and out of uniform,
to understand that today we are asking our people to do more with less.
We do not have the force structure that we had during Desert Storm. We
had the fruits of the Reagan-Bush defense buildup used in Desert Storm.
In those days, we had 18 Army divisions. We have cut those 18 Army
divisions down to 10. We had about 546 Navy ships. We have cut that
down to 316. We are going down further. We had 24 fighter air wings. We
have cut that down to 13.
Beyond that, we have piled up some shortages in munitions, equipment,
spare parts, and other vital areas. So this effort is not the finish.
This is the start of a rebuilding of national defense. I hope we work
together in a bipartisan way to add some more things that we now need
as we go through the conference with the other body and finally get a
bill on the President's desk.
Mr. SKELTON. Mr. Chairman, will the gentleman yield?
Mr. HUNTER. I yield to the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, I would just like to add that in recent
comments that I made to the CSIS, I touched on the area of air power.
It appears to me that through the years we have done a pretty good job
in the area of fighter aircraft and air-to-ground aircraft, but we have
not done what we should have done in the area of bomber support.
If one looks at the geography, particularly of the Asian Pacific
area, hopefully nothing will ever come to pass where we will need long-
range bomber efforts. However, I think this is an area that the
gentleman and I have explored together over a period of years, that we
must look to the future of the B-2 fleet, not only keeping it up to
date, but even hopefully some day adding to that fleet.
Mr. HUNTER. I think the gentleman is absolutely right, Mr. Chairman.
Once again, we made more bombers in one day in San Diego in 1943 than
the entire B-2 fleet, and expecting that small fleet of 21 aircraft to
do the job they are going to have to do in future years I think is a
strain. I thank the gentleman for his remarks. I would hope that we
would continue to build that fleet.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me for a moment tell the Members that this base at
Whiteman Air Force base in my district, which has the 509th bomb wing,
which is a very historic wing and has the B-2s, is in superb condition
and ready, should they ever be called upon, now or in the future.
I was with them yesterday and had the opportunity to visit with them.
I am so very, very proud of the young men and young women who not only
fly but who maintain that fleet.
I have a question of the gentleman from California, Mr. Chairman. I
would ask the gentleman, in his opinion, would he tell us the
importance of continuing to expand the bomber fleet of the United
States?
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
[[Page H5854]]
Mr. SKELTON. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, I would be happy to, and I notice my good
friend, the gentleman from Washington (Mr. Dicks) has just arrived, who
is also an expert on long-range strike and deep strike.
Very simply, if we look at the experience of Desert Storm, I think
that carries out not only the importance of having deep strike aircraft
but also deep strike aircraft with stealth. We analyzed at the time the
two B-2 bombers, for example, which do not have to have flight cover.
Because they are able to avoid and evade radar, they do not have as
much air-to-air refueling or suppression of SAM missile systems, and
they can hit as many targets, two aircraft can hit as many targets as
75 conventional aircraft.
At a time when we have cut our air wings from 24 to 13, our tactical
air wings, it is important to have that leverage capability. We saw
this in Kosovo, where we hit multiple targets with a single B-2
mission, hit multiple targets and destroyed a much larger percentage of
the target availability than other conventional planes. So this is a
leverage capability. It leverages the thing Americans are greatest at,
which is technology.
If we couple that with precision munitions, where, for example, into
that bridge we send that one precision munition into a strut and knock
that entire bridge out, because we are able to hit one precise spot,
that is better than dropping 2,000 bombs on it with older conventional
aircraft.
So leverage, technology, and precision munitions leverage is what we
get from deep strike fighter capability like the B-2. I would be happy
to hear the comments of the gentleman from Washington.
Mr. SKELTON. Mr. Chairman, I might point out that the aircraft, the
B-2, in the Kosovo conflict, and of course they are still capable, the
pilots flew out of Whiteman Air Force Base, had refuelings, bombed the
targets with great precision, and returned with refuelings, came back
home. In one case, the pilot went back and was greeted by his wife. She
said, please cut the grass.
In other words, they do superb work from one base, and they are
worldwide. I thank the gentleman.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. SKELTON. I yield to the gentleman from Washington.
Mr. DICKS. Mr. Chairman, I would just say to the gentleman from
California and my good friend, the gentleman from Missouri, who have
been two of the stalwarts in the House of Representatives for advocacy
for the B-2, we still have work to do. I know that the gentleman from
California (Mr. Hunter) had included some of the upgrades that are
necessary to improve upon this capability.
But to think about this one revolutionary fact, in Kosovo the B-2
carried 162,000 pounds bombs called JDAMs, near precision weapons,
almost precision.
{time} 1515
And the interesting thing is, like 3 percent of the sorties, they
took out 33 percent of the fixed targets. Now, we see even another
revolution of being able to put eighty 500-pound JDAMs on these
airplanes and they would be able to hit 80 separate fixed targets on
one sortie, and two of them would be 160, obviously.
The other thing that is interesting, just in the last few days there
has been a successful test; and I know the gentleman from California is
aware of this, of being able, from one of these airplanes, to hit a
moving target. One of our greatest problems has been the inability to
hit moving targets. This target was moving at 30 miles an hour, it was
an F-16, and they used this weapon and they were able to hit the moving
target. Now, this will be a major breakthrough as we pursue this.
I just appreciate all the work of these two gentlemen. We have all
worked together. The B-2 is certainly the premier conventional weapon
in our arsenal today.
Mr. SKELTON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I yield to the gentlewoman from California (Mrs.
Tauscher).
Mrs. TAUSCHER. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I would like to thank the leadership for allowing my
amendment to be considered during the floor debate of the defense
authorization bill. In January of this year, a bipartisan task force,
chaired by former Senator Howard Baker and former White House Counsel
Lloyd Cutler stated that the most urgent unmet national security threat
to the United States is the danger that weapons of mass destruction in
Russia can be stolen and sold to terrorists or hostile nations and used
against American troops abroad or citizens at home.
The report concluded that the national security benefits to the
United States from securing or neutralizing the equivalent of more than
80,000 existing potential nuclear weapons would constitute the highest
return on investment of any current U.S. national security defense
program.
To address this critically important concern, I am offering a simple
amendment requiring the President to submit a strategic plan to
Congress on how to dispose of excess nuclear material that Russia does
not retain in its arsenal and to prevent the outflow from Russia of
nuclear weapons expertise. I am offering this amendment because I
believe it is critical that we have an overall strategic road map of
how we plan to deal with the growing threat of weapons of mass
destruction.
The tragic events of last week make our nonproliferation programs
even more important. If we can assure that excess nuclear material in
Russia does not flow into the wrong hands, we can reduce the chances
that a nuclear weapon used by a hostile state or a terrorist group can
be used against us. I was pleased to work with the chairman, the
gentleman from Arizona (Mr. Stump), and the ranking member, the
gentleman from Missouri (Mr. Skelton), in crafting this amendment to
ensure that its provisions would meet both the Democrats and
Republicans concerns about national security.
Mr. Chairman, I respectfully urge my colleagues to support this
amendment.
Mr. SKELTON. Mr. Chairman, reclaiming my time, I thank the
gentlewoman from California.
Mr. Chairman, we have examined the amendments en bloc, and we agree
thereto on this side.
Ms. VELAZQUEZ. Mr. Chairman, I rise in support of the en bloc
amendment and to thank Chairman Stump and Ranking Democratic Member
Skelton for agreeing to include my amendment to H.R. 2586, the National
Defense Authorization Act for Fiscal Year 2002. My amendment requires
that the Department of Defense work with the Comptroller General to
develop a database to track the consolidation of contracts that
displace two or more small businesses, and that the Department use this
database to generate reports to Congress. This amendment will, for the
first time, require that the Department collect empirical data so that
Congress can determine the true effect of these consolidated contracts
on small businesses and so that we can determine if any savings to the
taxpayer are accruing as a result of this practice.
Since World War II, when small businesses were called upon to assist
with the war effort, small businesses have greatly contributed to our
nation's diverse industrial base, and have been adept at providing
goods and services for the changing needs of the government. Federal
agencies have often found that corporate America was too large to react
quickly and efficiently. The unique niche that small businesses filled,
and continue to fill, has allowed for a competitive Federal contracting
process. We all know that a competitive Federal marketplace leads to
true cost savings and higher quality--a great return for the American
taxpayer.
Any discussion of the Federal marketplace, leads to a discussion of
the Department of Defense's role, as the Department of Defense has
historically accounted for 65 percent of Federal contracts. However,
for the last several years, the Small Business Committee has noted that
the Department's contract opportunities available to small businesses
have decreased. It is this declining number of small business
opportunities by the Department and other large agencies, that inspired
Committee Democrats to start grading agency's small business efforts.
For the past two years, myself and my Democratic colleagues on the
Committee on Small Business, have released what we call the
``Scorecard.'' The ``Scorecard'' is an evaluation of the small business
achievements of 21 Federal agencies, compared to their statutory goals.
The results of these two studies have been disturbing. Last year, the
overall government grade was a ``C-.'' This year, although the
[[Page H5855]]
overall grade was also a ``C-,'' the government is slipping further
into the ``D'' range.
The Department of Defense stood out both last year and this year, as
an exceptionally poor performer as it relates to doing business with
our nation's small businesses. This year, the Department had the lowest
grade of all agencies: a ``D-.''
This is very important, in light of the fact that the Department of
Defense historically accounts for 65 percent of Federal procurement.
When the Department of Defense fails to make the grade, it is unlikely
that the rest of the government will make the grade either.
Small businesses are still not getting their fair share of the
Department's contracts--from either a dollars or a numbers standpoint.
Despite an increase in procurement volume from $119.7 billion in 1999
to $126.2 billion in 2000, the Department did not achieve its small
business goal, or its women-owned business goal. The Department of
Defense had a 23 percent goal for small businesses and achieved only
21.41 percent. This translates to over $2 billion in contracts that
should have gone to small businesses, but didn't. Women-owned
businesses fared even worse. The Department had a goal of 5 percent for
women-owned businesses, but achieved 2 percent. This translates to
nearly $4 billion in contracts that should have gone to women-owned
businesses, but didn't.
From 1997 to 2000, the numbers of contracts awarded to small
businesses by the Department have decreased by over 41 percent. The
numbers of contracts to minority-owned businesses have decreased by
over 55 percent. The number of contracts awarded to women-owned
businesses have decreased by over 43 percent. This declining trend in
the number of contracts translates directly to the number of
opportunities available to small businesses to sell their products and
services directly to their government.
Both the 1999 study and the 2000 study demonstrate that little
progress is being made as far as agency's small business goal
achievements. In fact, the 2000 study highlights that the plight of
small businesses is getting worse--small businesses have fewer
opportunities for participation in the Federal marketplace than they
ever did.
To begin to correct this problem, my amendment was included in the en
bloc amendment. A similar amendment was accepted into the House version
of last year's Defense Authorization but failed to be included in the
final Conference Report signed by the President. The amendment requires
that the Department of Defense work with the Comptroller General to
develop a database for tracking and annual reporting to Congress of
contract awards that result in the displacement of two or more small
businesses as prime contractors.
What remained in Public Law 106-398, the Floyed D. Spence National
Defense Authorization Act for Fiscal Year 2001 regarding contract
bundling, was a requirement in Section 834 that the Secretary of
Defense conduct a comprehensive study of contract bundling. ``Contract
bundling'' is the consolidation of two or more contracts performed by
small businesses, into one contract that is too large for small
business participation as prime contractors. In seven hearings since
1993, the Committee on Small Business has heard a very compelling case
by numerous small businesses that they are losing untold millions of
dollars in business as a result of this practice. The Department of
Defense contends that through contract bundling, they are able to save
money, yet not one dollar has been shown to have been saved. Instead,
the numbers of Defense contracts available to small businesses are
declining every year, and the anecdotal information is overwhelming
that small businesses are able to provide higher quality products at
prices that result in savings to the taxpayer.
Despite the statutory requirement contained in Section 834 of Public
Law 106-398 that required the Department of Defense to conduct a
comprehensive study on contract bundling, the Committee on Small
Business received a letter dated April 17, 2001 from Deputy Secretary
of Defense Paul Wolfowitz. The letter states, in part, ``the Department
is unable to conduct the comprehensive study required by Section 834''
because the General Service Administration's Federal Procurement Data
System--the repository of all Federal contracting information--only
began collecting data on contract bundling in October of 2000. The
letter goes on to reference a study performed by the Department under
contract with the Logistics Management Institute (LMI).
The requirement to perform the study was not an ``optional''
requirement for the Department to follow--it was part of the agency's
authorizing statute. It was mandated by Congress that the study be
performed. To have an agency essentially refuse to comply with its
authorizing statute is, to me, unheard of. The Department knew the
study was required by statute. If essential data was not being
collected, the Department should have started collecting data in order
to comply. The taxpayers deserve to know--and we have an obligation to
tell them--whether the consolidation of contracts that eliminate small
businesses save them money.
As previously stated, the letter sent by Deputy Secretary Wolfowitz
refers to a study on contract bundling performed by LMI. This study is
the direct result of a hearing held by the Committee on Small Business
in November of 1999. It was undertaken not by an independent auditor,
but by the Logistics Management Institute (LMI)--a non-profit
organization that is funded 50 percent by the Department of Defense.
LMI performed a case review, rather than the study that the Department
promised, of 10 contracts out of a pool of 718 contracts--barely 1
percent--not a statistically valid sampling by anyone's definition. LMI
concluded that ``savings (as a result of contract bundling) are based
on intuition. This means that people THINK they are savings money, but
it has not been proven with empirical data.'' Clearly, given the mind-
set of the Department of Defense's contracting officers, much more
needs to be done.
In order to get something done, in last year's Small Business
Reauthorization, we were successful in getting former-Chairman Jim
Talent's bundling data collection bill language into the
Reauthorization. Unfortunately, that language has a flaw. By using the
definition of ``contract bundling'' contained in the Small Business
Act, it only narrowly looks at those bundled contracts determined as
such by the Department, leaving the vast majority of consolidations out
of the database's scope. This deprives us of critical information
necessary to solve this problem.
My amendment requires that the Department of Defense work with the
Comptroller General to collect data on a much broader definition. As
the General Accounting Office continues to report that no data can be
collected, we believe that the Department should work with the
Comptroller General to ensure that the data that is ultimately
collected will provide useful information. This amendment will cover
all contracts in which two or more small businesses are displaced as
prime contractors. At a minimum, the database will include the names
and addresses of the small businesses that are displaced, the rationale
for consolidating the contracts, and the monetary benefits projected to
be realized by the consolidation. This database will give Congress very
important information on contract consolidations that we can use to not
only protect small businesses, but also ensure the taxpayer that their
money is being saved. Once we start getting reports from this database,
we will learn what happens to those small businesses who are displaced.
Do they go out of business? Do they become subcontractors? Are taxpayer
dollars actually being saved with these contract consolidations that
displace small businesses? There is an important distinction between
streamlining Federal contracting processes for streamling's sake and
streamlining for a reason. We know now that small businesses are being
displaced--effectively streamlined right out of business. What we
haven't seen is taxpayer savings.
The impact of these contract consolidations on the small business
community has been enormous, and has flowed-down to the economies of
local communities. There is no doubt that the need to collect empirical
data more than warrants any inconvenience this could place on the
Department to collect this important and useful information.
For Congress to determine the depth of the problem of contract
bundling, we need all of the facts. It is imperative that empirical
data is collected that will allow Congress to determine what, if any,
statutory changes need to be made to ensure the Federal acquisition
system is fair to small businesses, and ensures that taxpayers receive
the very best value for their dollars. My amendment is the first step
in making that determination, and it is a common-sense solution. As a
direct result of the data collected by the requirements of my
amendment, the Federal procurement system will be one that provides
true savings to the taxpayer. Further, small businesses in communities
across the country will have increased access to Federal prime
contracts.
Again, I thank Chairman Stump and Ranking Democratic Member Skelton
for agreeing to include my amendment in the en bloc so Congress can
finally get some comprehensive information on how contract
consolidations have affected our Nation's small businesses.
Mr. BEREUTER. Mr. Chairman, this Member rises in strong support of
the bipartisan amendment which he is offering with the distinguished
gentleman from Rhode Island, Mr. Langevin. The Bereuter-Langevin
Amendment would authorize the use of appropriated funds for members and
units of the National Guard to conduct and participate in athletic
competitions and small arms competitions in conjunction with required
training.
Mr. Speaker, the National Guard provides the men and women serving
their country with the opportunity to hone their service-related skills
in competitive events as the National Guard Bureau Marathon in Lincoln,
Nebraska;
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a biathlon in Vermont; the Leapfest in Rhode Island; and marksmanship
competitions in North Little Rock, Arkansas. Indeed, the opportunity to
participate in these competitions provides incentives for National
Guard recruitment and retention programs. Additionally, the
competitions bring National Guard members together with Active Duty
military personnel which builds better appreciation among the various
components and overall force cohesiveness.
However, the playing field for the National Guard is not level with
that for Active Duty military members. Currently, state National Guard
units can use only non-appropriated funds to cover operating expenses
for the events and for health, pay, and personal expenses for
participating unit members. Because the non-appropriated funds are very
limited, National Guard members must often pay out of their own pockets
for expenses, including medical coverage. For Active Duty military
participants, appropriated funds cover all expenses participants incur.
By authorizing the use of appropriated funds in addition to the non-
appropriated funds, National Guard members participating in
competitions could receive full coverage for health, pay, and personal
expenses. This is particularly important for National Guard members who
cannot afford medical expenses stemming from possible injuries.
Additionally, the National Guard units would face fewer budget
constraints when continuing to host these valuable competitions and
when sending teams and individuals into competition.
Finally, it is important to note that H.R. 1705 does not recommend
appropriation levels nor does the legislation create participation
incentives for National Guard members which are greater than those
incentives for Active Duty military.
Mr. Speaker, this Member urges his colleagues to vote for the
Bereuter-Langevin amendment as an important way to show support for the
men and women serving their country in our National Guard.
Mr. WELDON of Pennsylvania. Mr. Chairman, Congress authorized the
original National Defense Features (NDF) program in the mid-1990s in
response to a report by the Department of Defense describing a shortage
of sealift capacity during military contingencies. The NDF program was
considered to be the most cost-effective way to augment the substantial
investment that was being made in new sealift ships by the Navy.
Since then, Congress has authorized and appropriated funds to install
special defense features in new commercial vessels to be built in the
shipyards of the United States. Last year, for example, at my request
and as a result of the leadership of our colleague from New Jersey, Mr.
Frelinghuysen, the House included in the National Defense Authorization
Act for FY 2001 a provision that would expand the Secretary of
Defense's ability to fund militarily useful projects under the NDF
program. I am pleased to report that our amendment was included in the
final legislation signed into law by the President.
When the NDF program was launched, Congress expected that our allies,
particularly Japan, would find mutual defense benefits in promoting the
program. Under one project that has received considerable attention in
the press and has the support of domestic maritime labor, ten
commercial vessels would be built in the United States based on a
design funded and approved by DARPA's Maritime Technology Program.
These vessels would normally operate in the Japan-United States vehicle
trade, which is at present entirely dominated by Japanese carriers.
Quite importantly, the vessels would be crewed by American merchant
seamen, a group vital to maintaining the readiness of our military to
handle contingencies abroad.
Nothwithstanding expressions of support by very senior officials in
our government, this expectation has not been realized. As a result,
the hopes of our commercial shipbuilders and merchant mariners have not
been realized, and our military planners have not been able to rely
upon NDF vessels to support their contingencies operations. Much to my
disappointment, the Government of Japan apparently continues to take
the position that the decision to employ NDF ships is strictly a matter
for the commercial judgment of Japanese vehicle manufacturing and
shipping companies. The vehicle manufacturers, which operate under
closely inter-locking relationships with the Japanese vehicle carriers,
continue to insist that the NDF program is a matter between the two
respective governments since it addresses defense.
In view of the U.S. role in providing security for our Far East
allies, it hardly seems appropriate that defense concerns expressed by
our government should not have been met with a more positive response.
Our government's repeated representations to the Japanese government
have fallen to the ground as if the NDF program was without military
value, a position that is contradicted by two U.S. Navy reports on the
NDF program. Taking note of the extensive military collaboration of our
two governments, which it is safe to say has conferred material
benefits on Japan, this is not the position that Congress should have
expected.
The position that this matter is purely commercial in nature rather
than governmental in character is not defensible. Japan, like other
nations, supports its merchant marine with financial assistance,
including direct construction loans at artificially low rates of
interest. This is not the mark of a purely private industry operating
under purely commercial conditions.
Based on all the evidence gathered to date, it would appear that the
real reason our carriers are effectively being excluded from this
market is the Japanese kereitsu system of doing business. In short, a
fleet of U.S.-built and operated ships, commercially competitive and
having significant defense value to both nations, has apparently no
chance to break through the economic fence encircling the Japanese
vehicle trade.
As I explained to my colleagues last year, I continue to hope that
the Government of Japan and the vehicle manufacturers will ultimately
see the merit of supporting the NDF program, especially given the
longstanding support of the Department of Defense. But if the past is
any guide, we may anticipate further intransigence. Therefore, I am
joining today with my colleague from New Jersey, Mr. Frelinghuysen, in
introducing a bill that we intend to push later this year if we do not
see any movement on the part of the Government of Japan. The bill--
which is identical to the bill we introduced late last year in the form
of H.R. 5488--is very straightforward. It says: If the Federal Maritime
Commission finds that vessels built under the NDF program are unable to
obtain employment in a particular trade route in the foreign commerce
of the United States for which they are designed to operate, and if
that sector of the trade route has been dominated historically by
citizens of an allied nation, then the Commission shall take action to
counteract the restrictive trade practices that have led to this
situation.
As I pointed out last year, it should not be necessary to enact
legislation to encourage support for a program so self-evidently in the
mutual security interests of our two nations. I trust that the
Government of Japan will support the new consultative mechanism so that
the NDF program can begin the much needed recapitalization of our aging
Ready Reserve Force.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
Mr. STUMP. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. LaTourette). All time for debate on the
amendments has expired.
The question is on the amendments en bloc offered by the gentleman
from Arizona (Mr. Stump).
The amendments en bloc were agreed to.
The CHAIRMAN pro tempore. No further amendments are in order. Under
the order of the House of yesterday, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Walsh) having assumed the chair, Mr. LaTourette, Chairman pro tempore
of the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
2586) to authorize appropriations for fiscal year 2002 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2002, and for other purposes, had
come to no resolution thereon.
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